New Jersey Admin. Code Title 6A | New Jersey Administrative Code, Title 6A — Education

Chapter 1 BYLAWS FOR THE STATE BOARD OF EDUCATION

Subchapter 1 AMENDMENT OF BYLAWS

N.J. Admin. Code § 6A:1-1.1 Procedure

These bylaws may be amended at any regular meeting of the State Board of Education by a vote of the majority of the whole number of the members of the State Board of Education, provided that notice of the proposed amendments shall have been sent to each member at least two weeks before the date of such vote.

Subchapter 2 MEETINGS

N.J. Admin. Code § 6A:1-2.1 Parliamentary procedures

Parliamentary procedures in meetings of the State Board of Education shall be governed by Robert's Rules of Order Newly Revised 12th Edition.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-2.2 Regular meetings

Regular meetings of the State Board of Education shall be held at the time and place and on dates established by the State Board of Education, in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. Notice of such regular meetings shall be made in a manner consistent with the provisions of N.J.S.A. 10:4-6 et seq.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-2.3 Special meetings

Special meetings may be called by the President at any time. Public notice of a special meeting shall be made pursuant to law and regulation.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-2.4 Quorum

A quorum shall consist of a majority of the number of voting members of the State Board of Education.

N.J. Admin. Code § 6A:1-2.5 Order of business at regular meetings

(a) The normal order of business at all regular meetings shall be:

Approval or amendment of minutes of the previous meeting;
Report of the President of the State Board of Education;
Report of special committees;
Report of the Commissioner of Education;
Consideration of action items for discussion or vote of the voting members; and
New business.
Consideration of legal cases presented by the Legal Committee.

(b) The order of business may be rearranged at any regular meeting for the purpose of expediting and facilitating the functions of the State Board of Education.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

Subchapter 3 OFFICERS OF THE STATE BOARD OF EDUCATION

N.J. Admin. Code § 6A:1-3.1 Titles and terms

The officers of the State Board of Education shall be a President, a Vice President, and a Secretary. The President and Vice President shall each serve for one year and until their respective successors shall have been elected. The Commissioner serves as Secretary of the State Board in accordance with N.J.S.A. 18A:4-9 and 22.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-3.2 Duties of the President

The President shall preside at the meetings of the State Board of Education and shall perform all duties incidental to such office. The President shall be an ex officio member of all committees, except the Nominating Committee.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-3.3 Duties of the Vice President

In the absence of the President, the Vice President shall perform all of the President's duties.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-3.4 Duties of the Secretary

(a) The Commissioner or the Commissioner's designee shall: attend the State Board's meetings and keep a record of proceedings; have custody of its books and papers; notify the members of all meetings; and, within five days after each meeting, notify the members of each committee of any matter referred to it.

(b) The Commissioner shall present to the State Board of Education recommendations for its action in all matters requiring its approval or subject to its jurisdiction.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-3.5 Election of officers

The officers of the State Board of Education shall be elected at the first regular meeting following June 30 of each year.

N.J. Admin. Code § 6A:1-3.6 Election of successors

In case of the death or inability of either the President or the Vice President to perform the duties of the office, a successor shall be elected pursuant to the process outlined at N.J.A.C. 6A:1-4.2.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

Subchapter 4 COMMITTEES

N.J. Admin. Code § 6A:1-4.1 Committee structure

(a) The State Board of Education shall act as a committee of the whole. The following standing committee shall be constituted:

Legal; and

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-4.2 Nominating Committee

(a) The Nominating Committee members shall be appointed by the President, no later than in May of each year, and shall be automatically discharged after the annual election of officers.

(b) The Nominating Committee shall consist of three members of the State Board of Education and shall submit nominations for the officers of the State Board of Education for which elections are to be held pursuant to N.J.A.C. 6A:1-3.5. The President shall select a chairperson for the Nominating Committee from among its members.

Prior to the Nominating Committee's final report in June, the committee members shall contact each State Board member to obtain the member's input regarding the election of State Board officers.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-4.3 Special committees

The President at any time may appoint a special committee to consider or take action on any matter.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-4.4 State Board liaisons

The President at any time may appoint State Board members to serve as liaisons.

History

Amended by 46 N.J.R. 760(a), effective 4/3/2014.

N.J. Admin. Code § 6A:1-4.5 State Board liaisons

The President may at any time appoint State Board members to serve as liaisons.

History

New Rule, R.2007 d.135, effective 4/5/2007.
See: 39 N.J.R. 1695(a).
Recodified to N.J.A.C. 6A:1-4.4 by R.2014 d.074, effective 4/3/2014.
See: 46 N.J.R. 760(a).
Section was "State Board liaisons".

Subchapter 5 INFORMATION REGARDING STATE BOARD OF EDUCATION ACTIONS

N.J. Admin. Code § 6A:1-5.1 Public release

Any initial public release of State Board of Education information or action shall be made by the Commissioner of Education or by the President.

Subchapter 6 STUDENT REPRESENTATIVE

N.J. Admin. Code § 6A:1-6.1 Student representative

(a) A student representative shall be selected annually by the New Jersey Association of Student Councils to serve one year as a nonvoting member.

All eligible high school students shall be offered the opportunity to be selected to serve as the student representative.

(b) The student representative shall serve from July 1 through June 30 of the following year.

History

Amended by R.2007 d.135, effective 4/5/2007.
See: 39 N.J.R. 1695(a).
Inserted designation (a); and added (a)1 and (b).

Chapter 2 COMMISSIONER

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:2-1.1 Title and aim

(a) By statute, the Commissioner of Education is the chief executive and administrative officer of the Department of Education, is the official agent of the State Board of Education for all purposes and is the budget request and approval officer of the Department of Education. The Commissioner is Secretary of the State Board of Education and Chairperson of the State Board of Examiners.

(b) The Commissioner is appointed by the Governor, with the advice and consent of the Senate, and serves at the pleasure of the Governor during the Governor's term of office and until his/her successor is appointed.

N.J. Admin. Code § 6A:2-1.2 Powers and duties

(a) The powers and duties of the Commissioner are as follows:

The Commissioner is empowered to decide legal controversies and disputes arising under school laws or State Board regulations and his/her decisions have the force of law;
To apportion State aid to local school districts;
To issue teacher certificates;
To approve vocational schools;
To issue rules and regulations for the classification of students with disabilities;
To conduct Statewide tests;
To prescribe minimum courses of study for elementary and high schools;
To withhold State aid from local school districts which fail to comply with school law or State Board regulations; and
To promulgate such other rules and regulations as may be authorized by statute or the State Board.

Subchapter 2 ORGANIZATION OF THE DEPARTMENT

N.J. Admin. Code § 6A:2-2.1 Organizational structure

The Commissioner of Education shall develop and present to the State Board of Education for its approval an organizational chart which includes all divisions of the Department of Education and all other units for which managerial appointments require State Board approval pursuant to N.J.A.C. 6A:2-2.2. This chart shall be published in the New Jersey Register and incorporated as an Appendix to this subchapter pursuant to N.J.S.A. 52:14B-4(b).

History

Amended by R.2002 d.202, effective 6/6/2002.
See: 34 New Jersey Register 2328(a).
Deleted "herein by reference" preceding "as an Appendix".

N.J. Admin. Code § 6A:2-2.2 Personnel: methods of operations

(a) The Commissioner shall appoint, subject to the approval of the State Board, the assistant commissioners of the Department, the chief officers reporting directly to the assistant commissioners, the superintendent of the Katzenbach School for the Deaf, the director of compliance investigation, and the managers of those offices that coordinate board meetings, and hear and determine controversies and disputes.

(b) The Commissioner shall recommend for appointment by the State Board the State District Superintendent for each State operated school district.

(c) All other personnel appointments shall be made by the Commissioner subject to the notification procedure in (d) below.

(d) The Commissioner shall regularly report to the State Board as to all appointments and removals including resignations, transfers, and vacancies. The Commissioner shall also report to the State Board as to any acting appointments that he or she has made for the positions specified in (a) above. In the event an acting appointment to one of the positions specified in (a) above continues for more than 60 days, the Commissioner shall report to the State Board on the progress toward filling that position on a permanent basis.

(e) In cases where the Commissioner's personnel actions affect the organizational chart or the fulfillment of regulatory requirements, the Commissioner shall advise the State Board of such implications and of actions required for resolution.

History

Amended by R.2000 d.51, effective 1/7/2000.
See: 32 N.J.R. 446(a).
In (a), substituted "investigation," for ", the director of State Operated School Districts," following "compliance", and deleted "including those concerning school ethics," following "disputes,".
Amended by R.2002 d.202, effective 6/6/2002.
See: 34 N.J.R. 2328(a).
In (a), substituted "Katzenbach" for "State" preceding "School for the Deaf" and deleted "the special assistant for School improvement" following "compliance investigation"; in (d), inserted "State" preceding "Board" in the first and second sentences; in (e), inserted "State" preceding "Board".
Amended by R.2010 d.151, effective 6/17/2010.
See: 42 N.J.R. 1515(c).
In (a), substituted the first occurrence of "commissioners" for "commissioner for each division" and deleted "for each division" preceding ", each".
Amended by R.2011 d.225, effective 7/22/2011.
See: 43 N.J.R. 2170(a).
In (a), deleted "each county superintendent," following "assistant commissioners,", inserted "and" preceding "hear" and deleted ", and process state board appeals" following "disputes"; and in (d), deleted the third sentence.

N.J. Admin. Code § 6A:2-2.3 Basic composition of the Department

(a) The Department of Education consists of a State Board of Education, the Commissioner of Education and such divisions, offices, bureaus, branches, committees, other organizational units and officers and employees as allowed by law and as necessary to carry out the Department's statutory mandates.

(b) The basic organizational design of the Department is indicated in the Organizational Chart (see Appendix to this subchapter) with the executive functions as follows:

Pursuant to N.J.S.A. 18A:4-9 and 18A:4-22, the Commissioner of Education is:

i. Secretary of the State Board of Education;

ii. The chief executive and administrative officer of the Department of Education, having general charge and supervision of the work of the Department;

iii. The official agent of the State Board for all purposes; and

iv. The budget request officer and approval officer of the Department.

Pursuant to N.J.S.A. 18A:4-33, the Commissioner shall designate an assistant commissioner as deputy commissioner with full power to act in his or her place and stead during any absence or inability of the Commissioner and at such other times as the Commissioner may designate.

N.J. Admin. Code § 6A:2-2.4 Reporting responsibilities

(a) The following senior managers report directly to the Commissioner:

The Director of the Office of the State Board of Education;
The Chief of Staff;
The Director of the Office of Equal Employment Opportunity;
Special Assistants to the Commissioner;
The Assistant Commissioner for the Division of Teaching and Learning Services. The following organizational units and/or their chief officers report directly to the Assistant Commissioner for the Division of Teaching and Learning Services:

i. The Director of the Office of Career Readiness;

ii. The Director of the Office of Assessment;

iii. The Director of the Office of Educator Effectiveness;

iv. The Director of the Office of Standards; and

v. The Director of the Office of Innovation;

The Assistant Commissioner for the Division of Educational Services. The following organizational units and/or their chief officers report directly to the Assistant Commissioner for the Division of Educational Services:

i. The Director of the Office of Fiscal and Data Services;

ii. The Director of the Office of Performance Management;

iii. The Director of the Office of Student Support Services;

iv. The Director of the Office of Supplemental Educational Programs;

v. The Director of the Office of Special Education; and

vi. The Superintendent of the Marie H. Katzenbach School for the Deaf;

The Assistant Commissioner for the Division of Field Support and Services. The following organizational units and/or their chief officers report directly to the Assistant Commissioner for the Division of Field Support and Services:

i. The Director of the Office of Recruitment, Preparation, and Certification;

ii. The Director of the Office of Comprehensive Support;

iii. The Director of the Office of Fiscal Accountability and Compliance;

iv. The County Offices of Education;

v. The Director of the Office of Charter and Renaissance Schools;

vi. The Director of the Office of Learning, Intervention, and Support; and

vii. The Director of the Office of Interdistrict School Choice and Non-Public Schools;

The Chief Financial Officer/Assistant Commissioner for the Division of Finance and Business Services. The following organizational units and/or their chief officers report directly to the Chief Financial Officer/Assistant Commissioner for the Division of Finance and Business Services:

i. The Director of the Office of Fiscal Policy and Planning;

ii. The Director of the Office of State Monitors;

iii. The Director of the Office of Budget and Accounting;

iv. The Director of the Office of School Finance;

v. The Director of the Office of Grants Management;

vi. The Director of the Office of School Facility Projects;

vii. The Chief of the Office of Information Technology;

viii. The Director of the Office of School Facility Planning; and

ix. The Director of the Office of School Bus Safety;

The Assistant Commissioner for the Division of Early Childhood Services. The following organizational units and their chief officers report directly to the Assistant Commissioner for the Division of Early Childhood Services:

i. The Director of the Office of K3 Education; and

ii. The Director of the Office of Preschool Education;

The Assistant Commissioner for the Division of Administrative Services. The following organizational units and/or their chief officers report directly to the Assistant Commissioner for the Division of Administrative Services:

i. The Director of the Office of Human Resources;

ii. The Director of the Office of Strategic Operations; and

iii. The Director of the Office of Facilities and Operations; and

The Assistant Commissioner for the Division of Legal and External Services. The following organizational units and their chief officers report directly to the Assistant Commissioner for the Division of Legal and External Services:

i. The Director of the Office of the Commissions;

ii. The Director of the Office of Legal Affairs ;

iii. The Director of the Office of School Ethics;

iv. The Director of the Office of Controversies and Disputes;

v. The Director of the Office of Legislative Affairs; and

vi. The Director of the Office of Communications.

History

Amended by 46 N.J.R. 1360(a), effective 5/8/2014.

N.J. Admin. Code § 6A:2-2.5 Public information requests

Members of the public may obtain general information from the Department of Education by writing to or telephoning the Department of Education, PO Box 500, Trenton, NJ 08625-0500, (609) 376-9072

History

Amended by 47 N.J.R. 2062(a), effective 7/13/2015

Chapter 3 CONTROVERSIES AND DISPUTES

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:3-1.1 Purpose and scope

(a) This chapter sets forth the rules of procedure for the filing of petitions with the Commissioner of Education to hear and decide controversies and disputes arising under school laws in accordance with N.J.S.A. 18A:6-9.

(b) This chapter also establishes special rules of procedure for specific types of controversies in accordance with the requirements of the following statutes:

The filing of tenure charges pursuant to N.J.S.A. 18A:6-10 through 17.5;

Termination of sending-receiving relationships pursuant to N.J.S.A. 18A:38-13;
Appeals from decisions of the New Jersey State Interscholastic Athletic Association pursuant to N.J.S.A. 18A:11-3;
Denials of entitlement to attend school pursuant to N.J.S.A. 18A:38-1;
Review of penalties recommended by the School Ethics Commission pursuant to N.J.S.A. 18A:12-29; and
Hearings prior to suspension or revocation of school bus driver endorsements pursuant to N.J.S.A. 18A:39-26 et seq.

(c) This chapter shall not apply to district boards of education seeking restoration of budget reductions by governing bodies or boards of school estimate. In accordance with N.J.S.A. 18A:7F-5.e(3), such restorations shall be sought pursuant to the provisions of N.J.A.C. 6A:23A-9.7.

(d) This chapter shall not apply to appeals of decisions of the State Board of Examiners suspending or revoking teaching certificates, decisions of the School Ethics Commission finding violation of the School Ethics Act, or interlocutory decisions of the State Board of Examiners or the School Ethics Commission. In accordance with P.L. 2008, c. 36, such appeals and requests shall be made pursuant to N.J.A.C. 6A:4.

(e) This chapter shall not apply to disputes concerning streamline tenure of charter school employees. In accordance with N.J.S.A. 18A:36A-14.e, such appeals shall be made pursuant to N.J.A.C. 6A:11-6.4.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-1.2 Definitions

The words and terms used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"ALJ" means an administrative law judge assigned by the Director of the Office of Administrative Law to preside over contested cases pursuant to N.J.S.A. 52:14F-1 et seq.

"Commissioner" means the Commissioner of Education or a designated assistant commissioner to whom the Commissioner has delegated the authority to hear and decide a controversy or dispute pursuant to N.J.S.A. 18A:4-33 and 34.

"Contested case" means an adversarial proceeding in which the legal rights, duties, obligations, privileges, benefits, or other legal relations of specific parties are required to be adjudicated by the Commissioner after opportunity for agency hearing pursuant to N.J.S.A. 18A:6-9, 52:14B-1 et seq., Administrative Procedure Act, and N.J.A.C. 1:1, New Jersey Uniform Administrative Procedure Rules.

"Day" means business day when the period specified is less than seven days, and calendar day when the period specified is seven days or more; provided, however, that calculations do not include the day of the action from which they are computed, but do include the last day of the period being computed unless such day falls on a Saturday, Sunday, or legal holiday, in which case the last day shall be deemed the next business day immediately following.

"Department" means the New Jersey Department of Education.

"District board of education" means the board of education of a local or regional school district, a county special services school district, or a county vocational school district, the State district superintendent of a school district under full State intervention, the board of directors of an educational services commission or jointure commission, or the board of trustees of a charter school or a renaissance school project.

"Filing" means receipt of a document, in either paper or electronic form, by an appropriate officer of the Department. Filings may be made by regular or electronic mail. Parties requesting return of a stamped copy of any filing must include an extra copy of the document, together with a self-addressed envelope stamped with sufficient postage for this purpose.

"Indispensable party" means a person(s) without whose inclusion a matter cannot proceed or adequate judgment cannot be entered.

"Interested person(s)" means a person(s) who will be substantially, specifically, and directly affected by the outcome of a controversy before the Commissioner.

"OAL" means the Office of Administrative Law established pursuant to N.J.S.A. 52:14F-1 et seq.

" Proof of service" means the provision of proof, pursuant to N.J.A.C. 6A:3-1.3(h), of the delivery of a paper by mail or in person to a party, person or entity to whom or to which papers are required to be transmitted.

" Pro se " means a person who acts on their own behalf without an attorney or other nonlawyer representative as permitted by rules of the OAL.

"Representative" means an attorney or other person as permitted by the rules of the OAL appearing on behalf of a party in proceedings governed by this chapter.

"Rules of the OAL" means the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

"State district superintendent" means the superintendent of a school district under State intervention, as appointed or retained pursuant to N.J.S.A. 18A:7A-3 et seq.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-1.3 Filing and service of petition of appeal

(a) To initiate a contested case for the Commissioner's determination of a controversy or dispute arising pursuant to the school laws, a petitioner shall prepare a petition of appeal conforming to the requirements at N.J.A.C. 6A:3-1.4 and serve such petition upon each respondent, together with any supporting papers the petitioner may include with the petition. The petitioner then shall file proof of service on each respondent, the telephone numbers and email addresses, where available, of the petitioner and each respondent, and the petition and supporting materials, if any, by emailing the documents to the email address designated by the Office of Controversies and Disputes or mailing the documents to the Commissioner c/o the Director, Office of Controversies and Disputes, New Jersey Department of Education, 100 River View Plaza, PO Box 500, Trenton, New Jersey 08625-0500. In no case shall a petitioner submit materials to the Commissioner that have not been served upon each respondent.

Any petition filed jointly by three or more petitioners, where the petitioners are pro se , shall designate one petitioner as a representative of the group for purposes of receipt of service for answer(s), initial correspondence, pretransmittal notices, and other communications prior to the agency's determination that the matter is a contested case. Petitioners acting as a groupshall comply with applicable rules of the OAL regarding representation in subsequent proceedings.
A petition on behalf of a minor shall be filed by the parent or legal guardian of the minor. Once such a petition is filed, the matter shall be subsequently identified by the initials of petitioner(s) and the child(ren).
A petitioner shall notify the Office of Controversies and Disputes of any change in address, telephone number, or email address prior to transmittal of a matter to the OAL.

(b) A petitioner shall name as a party any person or entity indispensable to the hearing of a contested case. Failure to name an indispensable party may be grounds for dismissal of the petition pursuant to N.J.A.C. 6A:3-1.10.

In the case of petitions by unsuccessful bidders challenging an award of bid by a district board of education pursuant to N.J.S.A. 18A:18A-1 et seq., the Public School Contracts Law, the successful bidder shall be named as a respondent.

(c) A petitioner claiming benefits pursuant to N.J.S.A. 18A:30-2.1 shall include a copy of the ruling or settlement agreement issued by the Division of Workers' Compensation (Division) with respect to the injury underlying the claim or provide reasons why the matter constitutes an exception to the requirement that the Commissioner refrains from exercising jurisdiction until the Division makes a determination of work-related injury.

(d) A petitioner claiming that their employment was nonrenewed for reasons that are statutorily or constitutionally proscribed shall set forth in the petition at least a minimal factual basis for such allegation(s), consistent with New Jersey Court Rules at R.N.J.S.A. 4:5-2.

(e) Where a petition is filed by or on behalf of a student who is, or who may be as a result of a pending evaluation, subject to the provisions of an individualized education program (IEP) or an accommodation plan pursuant to Section 504 of the Rehabilitation Act, the petition shall so indicate. The petition shall further indicate whether the matter has been concurrently filed with the Department's Office of Special Education.

If a petition appears to raise, in addition to issues within scope of the Commissioner's authority, issues requiring a determination pursuant to State statutes or rules governing special education, the Individuals with Disabilities Education Act (IDEA), or Section 504 of the Rehabilitation Act, and the petition has not been concurrently filed with the Office of Special Education, it will be docketed by the Office of Controversies and Disputes in accordance with this chapter and also forwarded to the Office of Special Education for docketing as a special education matter pursuant to N.J.A.C. 6A:14-2.7. The two offices shall concurrently transmit the matter to the OAL with a request that the OAL initially docket and review the matter as a special education (EDS) case and issue a final decision pursuant to N.J.A.C. 6A:14-2.7, except that if the ALJ finds that some or all of the issues raised are within the authority of the Commissioner, the OAL shall additionally or instead, as the case may be, docket the matter as an education (EDU) case and the ALJ shall render an initial decision on such issues as are within the authority of the Commissioner and forward it to the Commissioner for agency review pursuant to applicable rules of the OAL.
If a petition appears solely to raise issues requiring a determination pursuant to State statutes or rules governing special education, the Individuals with Disabilities Education Act (IDEA), or Section 504 of the Rehabilitation Act, it may, after notice to the parties and opportunity to be heard, be dismissed in accordance with the provisions at N.J.A.C. 6A:3-1.10.

(f) If a matter is transferred to the Commissioner by a court, the parties shall be responsible for ensuring that the order of transfer, pleadings, and any other pertinent papers are forwarded to the Commissioner, c/o the Director, Office of Controversies and Disputes, New Jersey Department of Education, 100 River View Plaza, PO Box 500, Trenton, New Jersey 08625-0500, either by the court or by the parties themselves. Where the documents filed do not sufficiently conform to the requirements of this section and N.J.A.C. 6A:3-1.4, the complainant(s) will be asked to re-submit the matter to the Commissioner in the form of a duly conformed petition of appeal, to which the respondent(s) will then be directed to file an answer in accordance with N.J.A.C. 6A:3-1.5.

(g) Consistent with the provisions of N.J.A.C. 1:10A-14, where a petition, or tenure charge pursuant to N.J.A.C. 6A:3-5, is filed in a matter involving allegations of child abuse and neglect reported to or investigated by the Department of Children and Families (DCF), the record of the matter shall be sealed to the extent necessary, pending further action by the ALJ or arbitrator to whom a matter is subsequently assigned, to protect all DCF records and reports regarding such abuse and neglect.

The final agency decision in any dispute as to the confidentiality of records or reports of child abuse or neglect shall be made by DCF in accordance with N.J.S.A. 9:6-8.10a and N.J.A.C. 3A:3.

(h) Proof of service shall be in the form of one of the following:

An acknowledgment of service signed by the attorney or the attorney's designee for each respondent or signed and acknowledged by the respondent or agent thereof, indicating the address at which each respondent was served;
An affidavit of the person making service indicating the address at which each respondent was served;
A certification meeting the requirements of New Jersey Court Rules at R. N.J.S.A. 1:4-4(b) and indicating the address at which each respondent was served and the date and manner of such service; or
A copy of petitioner's receipt for certified mailing or delivery by messenger to each respondent. The return receipt card ("green card") is not required for proof of service by certified mailing.

(i) The petitioner shall file a petition no later than the 90th day from the date of receipt of the notice of a final order, ruling, or other action by the district board of education, individual party, or agency, that is the subject of the requested contested case hearing. This rule shall not apply in instances where a specific statute, regulation, or court order provides for a period of limitation shorter than 90 days for the filing of a particular type of appeal.

Any petitioner claiming benefits under N.J.S.A. 18A:30-2.1 shall file a petition within 90 days of the date of the determination by the Division of Workers' Compensation that either finds the employee to have sustained a compensable injury or settles the compensation claim without a determination of work-related causation, unless the claim constitutes an exception to the requirement that the Commissioner refrain from exercising jurisdiction until the Division has made a determination on the underlying injury, in which case the petition shall be filed within 90 days of receipt of notice of the district board of education's action, or of the action of the district board of education's agent, which has the effect of denying such benefits.
Pursuant to N.J.S.A. 18A:29-14 and 34:13A-27.d, where an increment withholding dispute has been submitted to the Public Employment Relations Commission (Commission) for determination of whether the withholding was predominantly disciplinary and the Commission determines that the withholding was predominantly for reasons of teaching performance, the teaching staff member's petition shall be filed within 90 days of notice of the Commission's decision, or of the final judicial decision in any appeal from the decision of the Commission, whichever is later.
A petitioner seeking to be heard as to why the petitioner's endorsement to operate a school bus should not be suspended or revoked pursuant to N.J.S.A. 18A:39-28 et seq., because a child was found to have been left on the school bus to which the petitioner was assigned, shall file a petition within 10 business days of the date of the Department's written notice to petitioner of such finding.

(j) When the Department, or one of its agents, the State Board of Examiners, or other entity located within the Department, is named as a party, proof of service on the Attorney General of the State of New Jersey is required. A petitioner shall direct such service to Department of Law and Public Safety, Division of Law, PO Box 112, Trenton, New Jersey 08625-0112, Attention: Education Section. When another agency of the State of New Jersey is named as a party, service on the Attorney General is also required, and a petitioner shall effect service as set forth in this subsection, but to the attention of the appropriate section of the Division of Law.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-1.4 Format of petition of appeal

(a) A petition shall include the name, address, telephone number, and, if available, email address of each petitioner; the name, address, telephone number, and, if available, email address of each party respondent; a statement of the specific allegation(s) and essential facts supporting the specific allegation(s) that have given rise to a dispute pursuant to the school laws; the relief petitioner is seeking; and a statement of verification or certification in lieu of affidavit for each petitioner. The petition should also cite, if known to petitioner, the section(s) of the school laws under which the controversy has arisen. A petition should be presented in substantially the following form:

| (NAME OF PETITIONER(S)), | : BEFORE THE COMMISSIONER | | --- | --- | | PETITIONER(S), | : OF EDUCATION OF NEW JERSEY | | V. | | | (NAME OF RESPONDENT(S)), | : PETITION | | RESPONDENT(S). | : |

Petitioner, _________________, residing at _________________, whose telephone number is __________________, and email address is _________________, hereby requests the Commissioner of Education to consider a controversy that has arisen between petitioner and respondent whose address is _______, pursuant to the authority of the Commissioner to hear and determine controversies pursuant to the school law (N.J.S.A. 18A:6-9), by reason of the following facts:

(Here set forth in as many itemized paragraphs as are necessary the specific allegation(s), and the facts supporting them, that constitute the basis of the controversy.)

WHEREFORE, petitioner requests that (here set forth the relief desired).

Signature of petitioner or representative

Date

(Name of petitioner), of full age, being duly sworn upon an oath according to law deposes and says:

I am the petitioner in the foregoing matter.
I have read the petition and aver that the facts contained therein are true to the best of my knowledge and belief.

Signature of petitioner

(b) A petition submitted by a pro se petitioner that substantially includes the requisite information as set forth in (a) above shall be accepted for filing notwithstanding that the petition does not conform to the prescribed technical format. However, where a petition does not meet minimal standards regarding parties, allegations, or relief sought, the petitioner shall be sent a letter noting the date of the submission's receipt and identifying the deficiencies deemed to constitute substantial noncompliance. The matter will not be filed until the noted deficiencies are corrected.

(c) Any party to a controversy or dispute before the Commissioner who is a party to another action before any other administrative agency, arbitration proceeding, or court involving the same or similar issue of fact or law shall indicate the existence of such action or complaint within the petition of appeal or the answer to the Commissioner, as may be appropriate. Failure to so certify may be deemed to be sufficient cause for dismissal of the petition of appeal when, in the judgment of the Commissioner and/or the ALJ, such failure results in the duplication of administrative procedures for the resolution of a controversy or dispute.

(d) Whenever such duplicate filing is discovered, and after the filing of the answer by the respondent, the case will be transmitted to the OAL for initial determination of which agency, if any, has the predominant interest in the outcome of the case.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-1.5 Filing and service of answer

(a) The respondent(s) shall serve an answer upon the petitioner within 20 days after receipt of the petition, unless a shorter period is required by statute, regulation, or court order, or directed by the Commissioner due to the emergent nature of a matter. The answer shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the allegation(s) of the petition.

A respondent shall notify the Office of Controversies and Disputes of any change in address, telephone number, or email address prior to transmittal of a matter to the OAL.

(b) Respondent(s) may not generally deny all the allegations, but shall make specific denials that meet the substance of designated allegations or paragraphs of the petition.

(d) The answer, and any supporting papers the respondent includes, shall be filed with the Commissioner, together with proof of service of a copy thereof upon petitioner. In no case shall a respondent submit materials to the Commissioner that have not been served upon the petitioner and other parties.

(e) Failure to answer a petition within the 20-day period from receipt of service shall result in a notice to the respondent informing the respondent that unless an answer is filed within 10 days of the receipt of said notice, each count in the petition shall be deemed admitted and the Commissioner may decide the matter on a summary basis.

(f) Upon written application by a party, the Commissioner may extend the time for answer, provided that the application was received by the Commissioner prior to the expiration of the initial 20-day period, and provided that a copy of the application was served upon all parties to the contested case.

Applicants for extensions shall seek the consent of the other parties, and the application shall state if consent has been obtained prior to application to the Commissioner. Any reasonable request for extension shall be granted when all parties consent. Requests for extensions that are opposed by one or more of the parties may be granted upon a finding of good cause shown.

(g) Nothing in this section precludes the filing of a motion to dismiss in lieu of an answer to a petition, provided that such motion is filed within the time allotted for the filing of an answer. Briefing on such motions shall be in the manner and within the time fixed by the Commissioner, or by the ALJ if the motion is to be briefed following transmittal to the OAL.

(h) The provision of (a) above allowing 20 days within which to file an answer, and the provisions of (e) and (f) above in their entirety, shall not apply to answers filed to tenure charges pursuant to N.J.A.C. 6A:3-5.3.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-1.6 Emergent relief or stay

(a) Where the subject matter of the controversy is a particular course of action by a district board of education or any other party subject to the jurisdiction of the Commissioner, the petitioner may include with the petition of appeal, a separate motion for emergent relief or a stay of that action pending the Commissioner's final decision in the contested case.

(b) A motion for a stay or emergent relief shall be accompanied by a letter memorandum or brief, which shall address the following standards to be met for granting such relief pursuant to Crowe v. DeGioia , 90 N.J. 126 (1982):

The petitioner will suffer irreparable harm if the requested relief is not granted;
The legal right underlying petitioner's claim is settled;
The petitioner has a likelihood of prevailing on the merits of the underlying claim; and
When the equities and interests of the parties are balanced, the petitioner will suffer greater harm than the respondent will suffer if the requested relief is not granted.

(c) Any party opposing such motion shall so indicate as part of the answer to the petition filed pursuant to N.J.A.C. 6A:3-1.5. However, upon review, the Commissioner may:

Act upon such motion prior to the filing of an answer, provided a reasonable effort is made to give the opposing party an opportunity to be heard;
Act upon such motion upon receipt of the answer; or
Transmit the motion to the OAL for immediate hearing on the motion.

(d) The Commissioner may decide a motion for interim relief or stay prior to any transmittal of the underlying matter to the OAL for hearing. Once a matter has been transmitted, any subsequent motion for emergent relief shall be filed with the Commissioner who shall forward the motion for determination by the OAL in accordance with applicable rules of the OAL.

If a matter has already been transmitted to the OAL, a copy of the motion and supporting memorandum or brief shall concurrently be filed with the OAL Clerk and the assigned ALJ, if known, at the same time the motion is filed with the Commissioner.

History

Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Substantially amended.
Amended by R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Amended to clarify that motions for stays of action or the granting of emergent relief may be directed at parties other than boards of education and that such requested action should be by way of a separate motion; provided that a motion for stay or emergent relief must be accompanied by a letter memorandum or brief addressing the standard for such relief as set forth in Crowe v. DeGioia, 90 N.J. 126 (1982) and provided that the Commissioner may decide a motion for a stay prior to receipt of an answer, after the filing of an answer or transmit the matter to OAL for an immediate hearing on the motion.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Rewrote (b) and (d); in (c), changed N.J.A.C. reference in the introductory paragraph; and added (e).
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Rewrote the section.
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
Section was "Interim relief or stay". Deleted (e).

N.J. Admin. Code § 6A:3-1.7 Amendment of petition and answer

(a) Prior to the transmittal of any matter to the OAL, the Commissioner may order the amendment of any petition or answer, or any petitioner may amend the petition, and any respondent may amend the answer; provided, however, that once an answer or other responsive pleading is filed, an amendment to a petition may be made only with the consent of each adverse party or by leave of the Commissioner upon written application.

(b) Following transmittal to the OAL, motions to amend a petition or answer shall be filed with and determined by the OAL in accordance with applicable rules of the OAL.

History

Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Substantially amended.
Amended by R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Stylistic and change of N.J.A.C. cite.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
Deleted (a)1.

N.J. Admin. Code § 6A:3-1.8 Permission to intervene or participate

(a) Prior to any transmittal to the OAL, requests for intervention or participation in a contested case shall be addressed to the Commissioner. Upon transmittal, requests shall be made to the OAL.

(b) Such requests, whether decided by the Commissioner or by the OAL, shall be reviewed in accordance with the standards set forth in applicable rules of the OAL.

History

Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Old text deleted and new text inserted.
Amended by R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Stylistic and change of N.J.A.C. cite.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Rewrote the section.
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
Deleted (b)1.

N.J. Admin. Code § 6A:3-1.9 Appearance and representation

(a) Any person may appear pro se or may be represented by an attorney at law admitted and authorized to practice in this State or by such other person as set forth in applicable rules of the OAL.

(b) Once a matter has been deemed contested, a district board of education shall be represented by an attorney in accordance with applicable rules of the OAL. Certain corporations other than district boards of education may be represented by non-lawyer representatives in accordance with applicable rules of the OAL.

History

Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Added: (See N.J.A.C. 1:1-1.3.)
Amended by R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Stylistic and change of N.J.A.C. cite.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Rewrote (b).

N.J. Admin. Code § 6A:3-1.10 Dismissal or transfer of petition

At any time prior to transmittal of the pleadings to the OAL, in the Commissioner's discretion or upon motion to dismiss filed in lieu of answer, the Commissioner may dismiss the petition on the grounds that the petitioner has advanced no cause of action even if the petitioner's factual allegations are accepted as true or for lack of jurisdiction, failure to prosecute, or other good reason.

History

Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Recodified and amended from 1.10. The original section 1.9 was "Conference of counsel" and was repealed.
Amended by R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Stylistic changes.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Rewrote (a); in (b), inserted "and notice to the parties with opportunity to be heard" preceding "transfer the petition".
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
Deleted designation (a); and deleted (b).

N.J. Admin. Code § 6A:3-1.11 Hearing

Upon the filing of the petition and answer(s) in a contested case, where the Commissioner does not determine to dismiss the matter pursuant to N.J.A.C. 6A:3-1.10, the Commissioner may either retain the matter for hearing directly and individually, designate an assistant commissioner to hear and decide the matter pursuant to N.J.S.A. 18A:4-33 and 34, or transmit the matter for hearing before the OAL. All hearings, whether a matter is retained by the Commissioner, delegated to an assistant commissioner, or transmitted to the OAL, shall be conducted in accordance with the rules of the OAL. If the Commissioner retains a matter for hearing directly or through a designee, the matter may, in the

Commissioner or designee's discretion, be decided summarily where the record so permits. This section does not apply to tenure matters governed by P.L. 2012, c. 26.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-1.12 Summary decision

(a) At any time concurrent with or subsequent to the filing of an answer, but prior to transmittal of a matter to the OAL, any party may apply to the Commissioner for summary decision by way of a motion with proof of service on each other party. The Commissioner may decide the motion directly or transmit it to the OAL for disposition.

(b) Applications for summary decision after a matter has been transmitted to the OAL shall be filed with the ALJ in accordance with applicable rules of the OAL.

History

The following annotation applies to N.J.A.C. 6:24-1.13 prior to its repeal by R.1991 d.57:
Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Old text deleted and new substituted.
The following annotations apply to N.J.A.C. 6:24-1.13 subsequent to its recodification from N.J.A.C. 6:24-1.15 by R.1991 d.57:
As amended, R.1973 d.232, effective 8/10/1973.
See: 5 N.J.R. 332(a).
As amended, R.1973 d.266, effective 9/18/1973.
See: 5 N.J.R. 332(b).
Substantially amended.
Recodified from N.J.A.C. 6:24-1.15 by R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Substituted "Commissioner" for "commissioner" throughout, and in (a)2, updated the N.J.A.C. reference. Former N.J.A.C. 6:24-1.13, Evidence, repealed.
The following annotations apply to N.J.A.C. 6A:3-1.12 subsequent to its recodification from N.J.A.C. 6:24-1.13 by R.2000 d.137:
Recodified from N.J.A.C. 6:24-1.13 by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Section was "Summary judgment". Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Rewrote (a).
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
In (a), substituted "apply to" for "move before" and inserted "by way of a motion with proof of service on each other party"; and deleted (a)1.

N.J. Admin. Code § 6A:3-1.13 Settlement or withdrawal of contested matter

(a) Prior to transmittal to the OAL, a petitioner may withdraw a petition at any time. Upon such withdrawal, the Commissioner shall discontinue all proceedings and notify all parties accordingly. Following transmittal to OAL, a petitioner may request withdrawal in accordance with applicable rules of the OAL.

(b) Prior to transmittal to the OAL, parties to a contested matter may notify the Commissioner of settlement at any time.

If settlement occurs prior to the filing of an answer, the matter shall be deemed withdrawn pursuant to (a) above.
If settlement occurs subsequent to the filing of an answer, the parties shall set forth the full settlement terms for review and approval by the Commissioner.

(c) Following transmittal of a matter to the OAL, parties shall effectuate settlement in accordance with applicable rules of the OAL.

(d) Where a district board of education is a party to a contested matter, any proposed settlement, whether submitted to the Commissioner or to the OAL, shall indicate, by signature of the district board of education attorney or inclusion of the district board of education's resolution authorizing settlement, that the district board of education has consented to the terms of the settlement.

(e) A proposed settlement, whether submitted to the Commissioner or to the OAL, shall not include terms restricting access to records or information deemed public by law, nor shall it include terms requiring disclosure of information protected from such disclosure by law.

(f) The provisions of this section shall not apply to settlement and withdrawal of tenure matters, which are governed by N.J.A.C. 6A:3-5.6.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-1.14 Written decision

(a) Final decisions of the Commissioner in matters transmitted to the OAL shall be in writing and shall set forth findings of fact, conclusions of law, and an appropriate order pursuant to applicable rules of the OAL.

(b) Any determination or decision of the Commissioner is appealable to the Appellate Division of the Superior Court as provided by law; however, any decision of the Commissioner shall be binding unless and until reversed on appeal or a stay is granted by the Commissioner or the court.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-1.15 Motion for stay, reconsideration, or clarification of Commissioner's decision

(a) Any party may make a motion for stay of a Commissioner's decision pending a determination on appeal to the Appellate Division of the Superior Court. Such motion shall be made subsequent to, or concurrent with, the filing of a notice of appeal with the court, but within 45 days of the filing of the Commissioner's decision.

A motion shall be filed with the Commissioner together with proof of service on each other party, accompanied by a copy of the notice of appeal and a letter memorandum or brief that addresses the standards to be met for granting such relief pursuant to Crowe v. DeGioia , 90 N.J. 126 (1982) as set forth at N.J.A.C. 6A:3-1.6(b). The motion may be further briefed in accordance with the directives of the Commissioner, and shall be decided by the Commissioner based upon the above-referenced criteria.

(b) Any party may make a motion for reconsideration or clarification of the Commissioner's decision within 10 days of the filing of the Commissioner's decision.

A motion shall be filed with the Commissioner together with proof of service on each other party, shall be briefed in accordance with the directives of the Commissioner, and shall be decided by the Commissioner in accordance with applicable rules of the OAL.
A motion for reconsideration shall be considered based upon the following:

i. Claim(s) of mistake, provided, however, that disagreement with the outcome of a decision, or with the analysis upon which it is based, shall not constitute "mistake" for purposes of this section;

ii. Newly discovered evidence likely to alter the outcome of a matter, where such evidence could not have been previously discovered by due diligence;

iii. Newly ascertained misrepresentation or other misconduct of an adverse party, where such misrepresentation or misconduct could not have been previously known; or

iv. Reversal of a prior judgment on which the present matter is based.

A motion for clarification shall be considered based upon necessity as specifically demonstrated in the papers submitted with the motion.

(c) The filing of a motion for clarification or reconsideration shall not, in and of itself, relieve the parties from compliance with any judgment or order of the Commissioner.

(d) The filing of a motion for clarification or reconsideration shall not, in and of itself, alter the filing date of the Commissioner's decision for purposes of appeal.

History

New Rule, R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Amended by R.2000 d.276, effective 7/3/2000.
See: 32 N.J.R. 1112(a), 32 N.J.R. 2469(a).
In (b), substituted a reference to 10 days for a reference to 30 days in the introductory paragraph, rewrote i and iii in 2, and inserted "specifically" in 3.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Rewrote the section.
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
In the introductory paragraph of (a), substituted "Appellate Division of the Superior Court" for "State Board of Education or the court, as the case may be" and "45" for "30", and deleted "State Board or the" preceding the last occurrence of "court"; and deleted (e).

N.J. Admin. Code § 6A:3-1.16 Relaxing of rules

The rules in this chapter shall be considered general rules of practice to govern, expedite, and effectuate the procedure before, and the actions of the Commissioner in connection with, the determination of controversies and disputes pursuant to the school laws. The Commissioner may relax or dispend such rules that do not reflect a specific statutory requirement or an underlying rule of the OAL in any case where a strict adherence thereto may be deemed inappropriate or unnecessary or may result in injustice.

History

Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Added text "or her".
Recodified from N.J.A.C. 6:24-1.17, R.1991 d.57, effective 2/4/1991.
See: 22 N.J.R. 2841(a), 23 N.J.R. 297(b).
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Substituted "in this chapter" for "herein contained" following "rules" in the first sentence, and inserted "Where such rules do not reflect a specific statutory requirement or an underlying rule of the OAL," at the beginning of the second sentence.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Substituted "the Commissioner's" for "his or her" preceding "discretion" in the second sentence.

N.J. Admin. Code § 6A:3-1.17 Awarding of interest

(a) The Commissioner may award, pursuant to the criteria of this section, prejudgment and/or postjudgment interest in any circumstance in which a petitioner has sought such relief and has successfully established a claim to a monetary award.

Any petitioner seeking award of prejudgment interest shall so specify in the petition's request for relief and shall propose, before the Commissioner or the ALJ, whoever is hearing the case, an interest calculation consistent with (d) below.
Any party seeking postjudgment interest shall file a new petition in accordance with N.J.A.C. 6A:3-1.3, addressing the criteria set forth at (c)2 below and proposing an interest calculation consistent with (d) below.

(b) "Interest" is defined as follows:

Prejudgment interest is interest awarded for that period of time prior to the adjudication of the monetary claim.
Postjudgment interest is interest determined by the Commissioner to be due to a petitioning party for that period of time after the claim has been successfully adjudicated but remains unsatisfied.

The Commissioner shall award prejudgment interest when the Commissioner has concluded that the denial of the monetary claim was an action taken in bad faith and/or has been determined to have been taken in deliberate violation of statute or rule.
The Commissioner shall award postjudgment interest when a respondent has been determined through adjudication to be responsible for such payment, the precise amount of such claim has been established or could have been established, and the party responsible for the payment of the judgment has neither applied for nor obtained a stay of the decision but has failed to satisfy the claim within 60 days of its award.

(d) The rate of interest for the awarding of prejudgment and postjudgment interest shall equal the average rate of return, to the nearest one-half percent, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (State accounts) as reported by the Division of Investment in the Department of the Treasury.

History

New Rule, R.1986 d.157, effective 5/5/1986.
See: 18 New Jersey Register 404(b), 18 New Jersey Register 976(a).
Amended by R.1991 d.57, effective 2/4/1991.
See: 22 New Jersey Register 2841(a), 23 New Jersey Register 297(b).
Recodified from N.J.A.C. 6:24-1.18, stylistic changes.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 New Jersey Register 4173(a), 32 New Jersey Register 1177(a).
Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
In (a), inserted "so specify in the petition's request for relief and shall" preceding "propose, before the Commissioner" in 1 and added 2.

Subchapter 2 DECLARATORY RULINGS

N.J. Admin. Code § 6A:3-2.1 Petition for declaratory ruling

(a) Pursuant to N.J.S.A. 52:14B-8, any interested person(s) may petition the Commissioner for a declaratory ruling with respect to rights, responsibilities, and status arising from any statute or rule within the jurisdiction of the Commissioner. The determination to entertain such petitions for declaratory ruling shall be within the sole discretion of the Commissioner. If such request is granted, the matter shall proceed in accordance with this chapter as they pertain to petitions. A declaratory ruling shall be binding upon the Commissioner and all parties to the proceedings on the specific statement of facts set forth therein.

A request for a declaratory ruling shall reflect adverse positions on the statute or rule in question by the parties in interest, may not seek consequential relief beyond a declaration as to the meaning of the statute or rule, and may not be based on underlying facts that are future, contingent, uncertain, or disputed.

(b) Except that the format of the petition shall be as set forth in this subchapter, the rules pertaining to filing, service, and answer of petitions as set forth in this chapter shall apply to petitions for declaratory ruling.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-2.2 Format of petition for declaratory ruling

(a) The format of the petition for declaratory ruling follows:

: BEFORE THE COMMISSIONER OF : EDUCATION OF NEW JERSEY CAPTION

: PETITION FOR DECLARATORY RULING

Petitioner, _______, residing at _______, whose telephone number is ________________ and email address is _______________________, hereby requests the Commissioner to render a declaratory ruling concerning the application of (N.J.S.A. 18A:__, N.J.A.C. 6A: _______) to the controversy which has arisen between petitioner and respondent who resides at ________ by reason of:

(Here set forth in as many itemized paragraphs as are necessary the specific allegations, and the facts supporting them, that constitute the basis of the controversy.) WHEREFORE, petitioner respectfully prays that the Commissioner shall construe the provisions of _________ and determine and declare _________.

Signature of petitioner or representative

Date: _________________________

(Name of petitioner), of full age, being duly sworn upon an oath according to law deposes and says:

I am the petitioner in the foregoing matter.
I have read the petition and aver that the facts contained therein are true to the best of my knowledge and belief.

Signature of petitioner

Sworn and subscribed to before me this

______ day of _________, ______

(month) (year)

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-2.3 Dissemination of declaratory ruling

The Commissioner shall ensure the dissemination to district boards of education of the result of any declaratory ruling through the executive county superintendents.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Subchapter 3 ORDER TO SHOW CAUSE

N.J. Admin. Code § 6A:3-3.1 Commissioner's order to show cause

(a) If, in the course of supervising the schools, and following investigation, the Commissioner becomes aware of violation(s) of the school laws in school districts that, if true, would entitle the Commissioner to impose a sanction on the Commissioner's own initiative, the Commissioner may accord the district board of education, or any other party subject to the Commissioner's jurisdiction, an opportunity to present its views preliminary to imposing such sanction by issuing an order directing such district board of education or party to show cause why such sanction should not be imposed. A statement of the factual details and investigative findings supporting the charge shall accompany the order. This procedure shall not be deemed to be in lieu of a contested case hearing, and the right to a contested case hearing is independent of, and in addition to, this step. An order to show cause shall be appropriate in the following circumstances, although it is not to be deemed limited thereto:

Ordering alteration or abandonment of a school building (N.J.S.A. 18A:20-36);
Withholding State aid for unsuitable facilities (N.J.S.A. 18A:33-2 and 18A:7F-9);
Withholding salaries of:

i. An executive county superintendent (N.J.S.A. 18A:7-4); or

ii. Any teaching staff member (N.J.S.A. 18A:29-4) who neglects or refuses to perform any duty lawfully imposed upon such member until such time as the member complies;

Suspending teachers' certificates for wrongful cessation of duties (N.J.S.A. 18A:26-10 and 18A:28-8);
Withdrawing approval of a private vocational school, correspondence school, or online school, or the programs or staffing thereof (N.J.S.A. 34:15C-10.2.b);
Placing a school district under partial or full State intervention (N.J.S.A. 18A:7A-14 or 15); and
Withholding or recovery of State aid due to unreasonable, ineffective, or inefficient expenditures (N.J.S.A. 18A:7F-9 and N.J.A.C. 6A:23A-5.1).

(b) Parties to contested matters shall not submit or request the issuance of orders to show cause seeking enforcement of litigants' rights. Parties seeking enforcement of judgments of the Commissioner shall generally bring an action in the Superior Court as provided in New Jersey Court Rules at R.N.J.S.A. 4:67-6.

Actions that are appropriately brought before the Commissioner due to the need for a further determination on a school law issue to resolve the parties' adjudicated rights are to be initiated by way of a petition conforming to the requirements at N.J.A.C. 6A:3-1.3, accompanied, where appropriate, by a motion for emergent relief with a letter memorandum or brief addressing the standards to be met for granting such relief pursuant to Crowe v. DeGioia , 90 N.J . 126 (1982) as set forth at N.J.A.C. 6A:3-1.6(b).
Requests for enforcement of a monetary award through recording of the Commissioner's final order of assessment on the judgment docket of the Superior Court pursuant to N.J.S.A. 2A:58-10 shall be made in accordance with N.J.A.C. 6A:3-12.1.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Subchapter 4 PETITIONS UNDER TEACHERS' MINIMUM SALARY ACT

N.J. Admin. Code § 6A:3-4.1 Withholding salary increment

(a) If a district board of education acts to withhold a teaching staff member's salary increment based upon teaching performance pursuant to N.J.S.A. 18A:29-14, the teaching staff member may file a petition of appeal according to the procedures set forth in this chapter.

Disputes involving the withholding of a teaching staff member's salary increment for predominately disciplinary reasons shall be subject to the grievance procedures established by law in accordance with N.J.S.A. 34:13A-26. Pursuant to N.J.S.A. 34:13A-27, if there is a dispute as to the nature of a withholding, the Public Employment Relations Commission shall determine whether the basis for the withholding is predominately disciplinary or predominantly for reasons of teaching performance. If the basis is found to be predominantly for reasons of teaching performance, a petition of appeal may thereafter be filed within the time frame set forth at N.J.S.A. 34:13A-27.d (see N.J.A.C. 6A:3-1.3(i)2).

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Subchapter 5 CHARGES UNDER TENURE EMPLOYEES' HEARING ACT

N.J. Admin. Code § 6A:3-5.1 Filing of written charges and certificate of determination

(a) N.J.A.C. 6A:3-1.3, Filing and service of petition of appeal, shall not apply in a case of tenure charges filed with the Commissioner against an employee of a district board of education or of a school district under full State intervention, except that the required notice of other pending matters pursuant to N.J.A.C. 6A:3-1.4(c) shall apply. In place of the usual petition, the district board of education or the State district superintendent shall file written charges, the statement of evidence, and the required certificate of determination with the Commissioner, together with the name of the attorney who it is anticipated for administrative purposes will be representing the district board of education or State district superintendent and proof of service upon the employee and the employee's representative, if known. Such service shall be at the same time and in the same manner as charges are filed with the Commissioner.

In accordance with N.J.S.A. 34:13A-24, fines and suspensions imposed as minor discipline shall not constitute a reduction in compensation pursuant to the provisions of N.J.S.A. 18A:6-10 where the negotiated agreement between a district board of education and the majority representative of the employees in the appropriate collective bargaining unit provides for such discipline. In these cases, tenure charges shall not be filed to impose minor discipline on a person serving under tenure.

(b) In all instances of the filing and certification of tenure charges, except charges filed against a teacher, principal, assistant principal, or vice principal for reasons of inefficiency pursuant to N.J.S.A. 18A:6-17.3, the following procedures and timelines shall be observed:

Charges shall be stated with specificity as to the action or behavior underlying the charges and shall be filed in writing with the secretary of the district board of education or with the State district superintendent, accompanied by a supporting statement of evidence, both of which shall be executed under oath by the person(s) instituting such charges. Complete copies of all documents referenced in the statement of evidence shall be attached as part of the statement.
Along with the required sworn statement of evidence, charges shall be transmitted to the affected tenured employee and the employee's representative, if known, within three working days of the date they were filed with the secretary of the district board of education or the State district superintendent. Proof of mailing or hand delivery shall constitute proof of transmittal.
The affected tenured employee shall have an opportunity to submit to the district board of education or the State district superintendent a written statement of position and a written statement of evidence, both of which shall be executed under oath with respect thereto within 15 days of receipt of the tenure charges.
Upon receipt of the tenured employee's written statements of position and evidence under oath, or upon expiration of the allotted 15-day time period, the district board of education shall determine by a majority vote of its full membership, or the State district superintendent shall determine, within 45 days whether there is probable cause to credit the evidence in support of the charges and whether such charges, if credited, are sufficient to warrant a dismissal or reduction of salary.
The district board of education or the State district superintendent shall provide, within three working days of the determination pursuant to (b)4 above, written notification of the determination to the employee against whom the charge has been made, in person, or by certified mail to the last known address of the employee and the employee's representative, if known.
If the district board of education or the State district superintendent finds probable cause exists and the charges, if credited, are sufficient to warrant a dismissal or reduction of salary, then the district board of education or the State district superintendent shall file, within 15 days of the determination pursuant to (b)4 above, written charges with the Commissioner. The charges shall be stated with specificity as to the action or behavior underlying the charges and shall be accompanied by the statement of evidence and the required certificate of determination, together with the name of the attorney who it is anticipated for administrative purposes will be representing the district board of education or State district superintendent and proof of service upon the employee and the employee's representative, if known. Such service shall be at the same time and in the same manner as the filing of charges with the Commissioner.
Pursuant to N.J.S.A. 18A:6-11, all deliberations and actions of the district board of education with respect to such charges shall take place at a closed meeting.

(c) If the tenure charges are charges of inefficiency pursuant to N.J.S.A. 18A:6-17.3, except in the case of building principals and vice principals in school districts under full State intervention, where procedures are governed by the provisions at N.J.S.A. 18A:7A-45 and such rules as may be promulgated to implement it, the following procedures and timelines shall be observed:

When the conditions set forth at N.J.S.A. 18A:6-17.3.a(1) or (2) have been satisfied, the superintendent shall promptly file with the secretary of the district board of education a charge(s) of inefficiency.
The charge(s) of inefficiency and the statement of evidence shall be transmitted to the affected tenured employee and the employee's representative, if known, within three working days of the date they were filed with the secretary of the district board of education or the State district superintendent. Proof of mailing or hand delivery shall constitute proof of transmittal.

The affected tenured employee shall have an opportunity within 10 days of receipt to submit to the district board of education or the State district superintendent a written statement of position under oath demonstrating how the school district failed to comply with the evaluation procedures.

Within 30 days of the filing pursuant to (c)1 above, the district board of education or State district superintendent shall forward a written charge and the statement of evidence to the Commissioner, unless the district board of education or superintendent determines the evaluation process has not been followed. Such determination shall be made by a majority vote of the district board of education's full membership or by the State district superintendent.
Upon receipt of the charge, the Commissioner or the Commissioner's designee shall examine the charge. The charge shall again be served upon the employee at the same time it is forwarded to the Commissioner and proof of service shall be included with the filed charges. The individual against whom the charge is filed shall have 10 days to submit to the Commissioner a written response to the charge.
Within five days of the individual's deadline to submit a written response to the charge, the Commissioner shall appoint an arbitrator to hear the case and refer the case to the arbitrator, unless the Commissioner determines the evaluation process has not been followed.
Pursuant to N.J.S.A. 18A:6-11, all deliberations and actions of the district board of education with respect to such charges shall take place at a closed meeting.

(d) The provisions of this section shall not apply to employees of charter schools, who are governed by the provisions at N.J.A.C. 6A:11-6.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-5.2 Format of certificate of determination

(a) The certificate of determination that accompanies the written charges shall contain a certification by the district board of education secretary or the State district superintendent of the following:

The district board of education or the State district superintendent has determined the charges and the evidence in support of the charges are sufficient, if true in fact, to warrant dismissal or a reduction in salary;
The date, place, and time of the meeting at which such determination was made and whether the employee was suspended and, if so, whether such suspension was with or without pay; and
The determination was made by a majority vote of the whole number of members of the district board of education, or by the State district superintendent in accordance with N.J.S.A. 18A:7A-39.

(b) The provisions of this section shall not apply to employees of charter schools, who are governed by the provisions at N.J.A.C. 6A:11-6.

History

Amended by R.1986 d.157, effective 5/5/1986.
See: 18 N.J.R. 404(b), 18 N.J.R. 976(a).
Substantially amended.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
In (a), inserted references to State district superintendents throughout; and added (d).
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
In (b), substituted ", who are governed by" for "pursuant to" following "charter schools" and amended the N.J.A.C. reference.
Petition for Rulemaking.
See: 44 N.J.R. 1796(a), 2063(a).
Amended by R.2013 d.120, effective 10/7/2013.
See: 45 N.J.R. 1292(a), 45 N.J.R. 2211(a).
In the introductory paragraph of (a), substituted "that" for "which"; in (a)1, substituted "The" for "That the", and deleted "that" following "determined"; in (a)2, inserted a comma following "place", deleted "or not" following "whether", and inserted "and" at the end; in (a)3, substituted "The" for "That such", and substituted a period for "; and" at the end; and deleted (a)4.
See: 48 N.J.R. 337(a), 507(b).

N.J. Admin. Code § 6A:3-5.3 Filing and service of answer to written charges

(a) Except as specified at N.J.A.C. 6A:3-5.1(c)5, an individual against whom tenure charges are certified shall have 15 days from the date such charges are filed with the Commissioner to file a written response to the charges. Except as to time for filing, the answer shall conform to the requirements at N.J.A.C. 6A:3-1.5(a) through (d).

Consistent with N.J.A.C. 6A:3-1.5(g), nothing in this subsection precludes the filing of a motion to dismiss in lieu of an answer to the charges, provided the motion is filed within the time allotted for the filing of an answer. Briefing on the motions shall be in the manner and within the time fixed by the Commissioner, or by the arbitrator if the motion is to be briefed following transmittal to an arbitrator.

(b) Upon written application by the person against whom charges are filed, the Commissioner may extend the time period for the filing of an answer upon a finding of good cause shown consistent with the provisions at N.J.S.A. 18A:6-16. Such application shall be received prior to the expiration of the 15-day answer period, or the 10-day answer period specified at N.J.A.C. 6A:3-5.1(c), and a copy shall be served upon the charging district board of education or the State district superintendent. The district board of education or State district superintendent shall promptly notify the Commissioner of any opposition to the request.

A request for extension that is received after the 15-day period allotted for answer to tenure charges, or after the 10-day period allotted at N.J.A.C. 6A:3-5.1(c), will be considered only in the event of demonstrated emergency or other unforeseeable circumstance such that the request could not have been made within the requisite filing period.

(c) If no answer is filed within the requisite time period and no request for extension is made, if the request is denied by the Commissioner, or if the charged employee submits an answer or other responsive filing indicating that the employee does not contest the charges, the charges shall be deemed admitted by the charged employee.

(d) The provisions of this section shall not apply to employees of charter schools, who are governed by the provisions at N.J.A.C. 6A:11-6.

History

Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
Rewrote the section.
Amended by R.2005 d.109, effective 4/4/2005.
See: 36 N.J.R. 5032(a), 37 N.J.R. 1051(b).
Amended by R.2010 d.072, effective 5/17/2010.
See: 41 N.J.R. 3992(b), 42 N.J.R. 929(b).
In (a)1, deleted the second sentence and inserted ", or by the ALJ if the motion is to be briefed following transmittal to the OAL".
Amended by R.2013 d.120, effective 10/7/2013.
See: 45 N.J.R. 1292(a), 45 N.J.R. 2211(a).
In the introductory paragraph of (a), substituted "Except as specified in N.J.A.C. 6A:3-5.1(c)5, an" for "An"; in (a)1, substituted the third occurrence of "the" for "that such", "arbitrator" for "ALJ", and "an arbitrator" for "the OAL"; in the introductory paragraph of (b), inserted "or the 10-day answer period specified in N.J.A.C. 6A:3-5.1(c),", and substituted "The" for "Such"; rewrote (b)1; and in (c), substituted "If" for "Where" and "if the" for "such", and deleted "where" following "Commissioner, or".

N.J. Admin. Code § 6A:3-5.4 Filing and certification of charges against tenured employees within the Departments of Human Services, Children and Families, Corrections, and Education, and within the Juvenile Justice Commission

(a) The process for the filing and service of tenure charges against persons serving under tenure pursuant to N.J.S.A. 18A:60-1 within the Departments of Human Services, Children and Families, Corrections, and Education, or within the Juvenile Justice Commission pursuant to N.J.S.A. 52:17B-170, shall comport with the process at N.J.A.C. 6A:3-5.1(b) except as set forth in this section. The charges shall be filed with the Director of the Office of Employee Relations in the Department of Human Services or the Department of Children and Families, the Director of the Office of Educational Services in the Department of Corrections, or the Director of the Office of Education in the Juvenile Justice Commission, or with an individual within the Department of Education designated by the Commissioner, as appropriate. Any written statement of position submitted by the affected employee in response to said charges shall be filed with the individuals in the respective department in the manner and time frame prescribed at N.J.A.C. 6A:3-5.1(b).

In accordance with N.J.S.A. 34:13A-24, fines and suspensions imposed as minor discipline shall not constitute a reduction in compensation pursuant to the provisions at N.J.S.A. 18A:6-10 if the negotiated agreement between an agency and the majority representative of the employees in the appropriate collective bargaining unit provides for such discipline. In these cases, tenure charges shall not be filed to impose minor discipline on a person serving under tenure pursuant to N.J.S.A. 18A:60-1.

(b) Within 45 days of receipt of respondent's written statement of evidence under oath or upon expiration of the allotted 15-day time period, the Director of the Office of Cooperative Labor Relations in the Department of Human Services or the Department of Children and Families, the Director of the Office of Educational Services in the Department of Corrections or the Juvenile Justice Commission, or the individual designated by the Commissioner of Education, as the case may be, shall determine whether there is probable cause to credit the evidence in support of the charges and whether such charges, if credited, are sufficient to warrant dismissal or reduction of salary and shall notify the affected employee of the determination, in writing, in the manner prescribed at N.J.A.C. 6A:3-5.1(b).

(c) If the Director of the Office of Cooperative Labor Relations in the Department of Human Services or the Department of Children and Families, the Director of the Office of Educational Services in the Department of Corrections or the Juvenile Justice Commission, or the individual designated by the Commissioner of Education finds probable cause exists and the charges, if credited, warrant dismissal or reduction in salary, then such person shall file the charges, the statement of evidence, and the required certification with the Commissioner of Education together with the name of the Deputy Attorney General who will be representing the agency and proof of service upon the employee and the employee's representative, if known. Such service shall be at the same time and in the same manner as charges are filed with the Commissioner.

(d) The certificate of determination that accompanies the written charges shall contain a certification by the Director of the Office of Cooperative Labor Relations in the Department of Human Services or the Department of Children and Families, the Director of the Office of Educational Services in the Department of Corrections or the Juvenile Justice Commission, or the individual designated by the Commissioner of Education of the following:

The director or responsible person has determined the charges and the evidence in support of the charges are sufficient, if true in fact, to warrant dismissal or a reduction in salary; and
The date on which such determination was made and whether the employee was suspended and, if so, whether such suspension was with or without pay.

(e) An individual against whom tenure charges are certified shall have 15 days from the date such charges are filed with the Commissioner to file a written response to the charges with the Commissioner consistent with the provisions at N.J.A.C. 6A:3-5.3(a).

(f) Upon written application by the person against whom charges are filed, the Commissioner may extend the time period for the filing of an answer upon a finding of good cause shown consistent with the provisions at N.J.S.A. 18A:6-16. Such application shall be received prior to the expiration of the 15-day answer period, and a copy shall be served upon the charging department, which shall promptly notify the Commissioner of its opposition, if any, to the request.

A request for extension that is not filed within the 15-day period allotted for answer to tenure charges shall be considered only in the event of demonstrated emergency or other unforeseeable circumstance such that the request could not have been made within the requisite filing period.

(g) If no answer is filed within the requisite time period and no request for extension is made, or if the request is denied by the Commissioner, or if the charged employee submits an answer or other responsive filing indicating the employee does not contest the charges, the charges shall be deemed admitted by the charged employee.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-5.5 Determination of sufficiency and transmittal for hearing

(a) Except as specified at N.J.A.C. 6A:3-5.1(c), within 10 days of receipt of the charged party's answer or expiration of the time for its filing, the Commissioner shall determine whether such charge(s) are sufficient, if true, to warrant dismissal or reduction in salary. If the charges are determined insufficient, they shall be dismissed and the parties shall be notified accordingly. If the charges are determined sufficient, the matter shall be transmitted immediately to an arbitrator for further proceedings, unless the Commissioner retains the matter pursuant to N.J.A.C. 6A:3-1.12.

The Department shall issue a notice of transmittal to the parties on the same date as the matter is transmitted to an arbitrator.

(b) If a party to a tenure matter requests, the Commissioner may agree to hold the matter in abeyance at any time prior to transmittal to an arbitrator. Thereafter, requests to hold the matter in abeyance shall be directed to the arbitrator. Any request for abeyance, whether directed to the Commissioner or the arbitrator, shall be consistent with the intent at N.J.S.A. 18A:6-16, as amended at P.L. 1998, c. 42 and at P.L. 2012, c. 26.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-5.6 Withdrawal, settlement, or mooting of tenure charges

(a) Once tenure charges are certified to the Commissioner, they may be withdrawn or settled only with approval. Any proposed withdrawal or settlement, whether submitted to the Commissioner or to the arbitrator, shall address the following standards established by the State Board of Education in the matter entitled In re Cardonick , State Board decision of April 6, 1983 (1990 School Law Decisions ( S.L.D. ) 842, 846):

Accompaniment by documentation as to the nature of the charges;

Explication of the circumstances justifying settlement or withdrawal;

Consent of both the charged and charging parties;
Indication the charged party entered into the agreement with a full understanding of the charged party's rights;
A showing the agreement is in the public interest; and
If the charged party is a teaching staff member, a showing the teaching staff member has been advised of the Commissioner's duty to refer tenure determinations resulting in loss of position to the State Board of Examiners for possible suspension or revocation of certificate.

(b) A settlement agreement shall not propose terms that would restrict access to information or records deemed public by law or result in misrepresentation of the reason for an employee's separation from service. If tenure charges have been certified to the Commissioner by a district board of education, any proposed settlement shall indicate, by signature of the district board of education attorney or inclusion of a district board of education resolution authorizing settlement, that the district board of education has consented to the terms of the settlement.

(c) A proposed withdrawal or settlement of tenure charges shall be submitted to the Commissioner prior to transmittal of such charges to the arbitrator; thereafter, it shall be submitted to the arbitrator.

(d) If tenure proceedings against a teaching staff member are concluded prior to adjudication because the charged party has unilaterally resigned or retired, the Commissioner may refer the matter to the State Board of Examiners for action against the charged party's certificate as it deems appropriate, when such referral is warranted under the provisions governing resignation or retirement prior to conclusion of tenure charges as set forth at N.J.A.C. 6A:9B-4.3(a).

(e) If a proposed settlement requires the tenured employee to relinquish a certificate issued by the State Board of Examiners, upon approval of the settlement agreement, the Commissioner shall forward the matter to the State Board of Examiners for proceedings in accordance with N.J.A.C. 6A:9-17.1 1.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

N.J. Admin. Code § 6A:3-5.7 Arbitrators' expenses

Arbitrators' expenses shall be submitted, invoiced, and paid in accordance with the September 6, 2019, New Jersey Department of the Treasury, Office of Management and Budget Circular, incorporated herein by reference, as amended and supplemented, setting forth the State's rules regarding travel.

History

Adopted by 49 N.J.R. 2516(b), effective 8/7/2017

Subchapter 6 TERMINATION OR ALTERATION OF SENDING-RECEIVING RELATIONSHIP

N.J. Admin. Code § 6A:3-6.1 Application for termination or change in allocation or apportionment

(a) An application for change of designation of a high school (termination or severance of relationship) or of allocation or apportionment of students pursuant to N.J.S.A. 18A:38-13 shall be made by petition of appeal, accompanied by the required feasibility study, and shall proceed in accordance with the provisions of this chapter except as set forth below.

(b) Where an application for change is unanswered within the requisite filing period, or is answered by a filing(s) indicating that each respondent does not oppose the application, the Commissioner shall so notify the petitioning district board of education and each respondent district board of education. At the next public meeting of each district board of education following notice from the Commissioner, each district board of education shall announce that the record before the Commissioner shall remain open for a period of 20 days from the date of the announcement in order that interested persons or entities may submit written comments to the Commissioner. Such announcement shall indicate the manner in which, and the address to which, comments may be submitted to the Commissioner as set forth at N.J.A.C. 6A:3-1.2 and 1.3, and shall further indicate the nature and purpose of such comments as set forth at (c) below.

Each district board of education shall submit to the Commissioner, within 10 days of the date of the announcement, a certification indicating the date the announcement was made and the content of the announcement.

(c) Comments submitted pursuant to (b) above shall not exceed 10 pages in length, shall be served on all parties to the case, shall include proof of such service when filed with the Commissioner, and shall specifically address the following statutory standard for the Commissioner's review of applications for change in designation, allocation, or apportionment:

Comments shall address the question of whether the proposed change in designation, allocation, or apportionment will result in a substantial negative impact in any of the affected school districts in one or more of the following areas: educational and financial implications; quality of education received by students; and racial composition of the student populations.

(d) Each party to the application for change shall have 20 days at the close of the designated comment period to reply to any comments. Any reply shall be served on all other parties to the application.

(e) If the Commissioner determines, upon review of the record at the close of the period established for submission of comments and replies, that further inquiry, fact-finding or exploration of legal argument is necessary in order to decide the matter consistent with the standard of statute, the Commissioner shall direct such further proceedings as the Commissioner deems necessary.

(f) Where an application is initially contested but subsequently proposed, either prior to transmittal or at the OAL, to be granted as a result of settlement or withdrawal of each respondent's opposition, the process set forth in this subchapter shall apply if the record does not reflect an adversarial perspective sufficient for the Commissioner to assess the application consistent with the standard of statute.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Subchapter 7 APPEALS FROM DECISIONS OF THE NEW JERSEY STATE INTERSCHOLASTIC ATHLETIC ASSOCIATION (NJSIAA)

N.J. Admin. Code § 6A:3-7.1 Filing and service of petition

(a) To initiate an appeal of a decision of the New Jersey State Interscholastic Athletic Association (NJSIAA) before the Commissioner, a petitioner shall prepare and serve a verified petition in the same form and manner as prescribed by this chapter, except as set forth below.

The petitioner shall include with the petition a copy of the final NJSIAA decision from which appeal is being taken.
The petitioner shall include with the petition the Record on Appeal obtained from the NJSIAA, including a Statement of Items comprising such record, or a certification attesting that such record and statement have been requested and will be provided to the Commissioner within 10 days, unless a different time frame is directed by the Commissioner.

i. The record on appeal shall consist of all relevant papers on file with the NJSIAA, including all exhibits considered by the involved NJSIAA committees and the stenographic transcript of any such committee hearings. Disputes about the content of the record shall be determined by the Commissioner prior to the establishing of a briefing schedule pursuant to N.J.A.C. 6A:3-7.3.

The petitioner shall include a certification stating that the petitioner has exhausted the internal appeal procedures of the NJSIAA set forth in the NJSIAA constitution, bylaws, and rules and regulations as adopted by member schools pursuant to N.J.S.A. 18A:11-3, and that the decision appealed from is a final determination of the NJSIAA.

(b) The Commissioner shall summarily dismiss any petition filed prior to exhaustion of internal NJSIAA appeal procedures.

Where a petition challenges a rule of the NJSIAA or a determination of the NJSIAA that has not been reached through a quasi-judicial process including evidentiary hearing, and where the NJSIAA constitution, bylaws, and rules and regulations adopted pursuant to N.J.S.A. 18A:11-3 do not provide for an applicable internal hearing process, the Commissioner shall decline to hear the matter on appeal until a hearing before the NJSIAA has been conducted in accordance with procedures agreed upon by the NJSIAA and the petitioner.

(c) The Commissioner shall summarily dismiss any petition seeking to appeal a determination of the NJSIAA in an area that is expressly designated as not appealable by the NJSIAA constitution, bylaws, or rules and regulations as adopted by member schools pursuant to law.

(d) Upon filing of a petition, the appeal shall not proceed in accordance with the general provisions of N.J.A.C. 6A:3-1, but shall instead proceed as set forth in this subchapter.

History

Amended by R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
Rewrote (a); in (b), added 1; rewrote (d).

N.J. Admin. Code § 6A:3-7.2 Answer; record on appeal

(a) Within 10 days of its receipt of a verified petition, the NJSIAA and any other respondent shall file an answer to the petition in the same form and manner as prescribed at N.J.A.C. 6A:3-1.5.

(b) Any appeal from a decision of the NJSIAA shall be based exclusively on the record established in the internal proceedings before the NJSIAA, as specified in the Statement of Items Comprising the Record on Appeal or as determined by the Commissioner in the event of a dispute. Supplementation of the record shall not be permitted except as directed by the Commissioner.

History

Amended by R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
Rewrote (a); deleted former (b) and (c); recodified former (d) as (b).

N.J. Admin. Code § 6A:3-7.3 Schedule of briefing

(a) Within 10 days from the filing of the respondent(s)' answers, the petitioner shall file a brief setting forth the argument for its petition, together with a proof of service upon the NJSIAA and any other respondent.

(b) The NJSIAA and any other respondent shall file briefs in opposition within 10 days of the receipt of the petitioner's brief, together with proof of service upon the petitioner(s).

(c) After the filing of briefs pursuant to (b) above, no further briefs shall be allowed except as directed by the Commissioner and the record of the matter shall be deemed closed.

(d) Nothing in this section shall preclude the Commissioner from adjusting the requirements at (a) and (b) above when the Commissioner's ability to render a timely decision would not be compromised by granting a party's request for additional time within which to make required submissions.

History

Amended by R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
Rewrote (a); in (b), substituted "together with proof of service upon the petitioner(s)" for "appendix and transcript"; rewrote (d).

N.J. Admin. Code § 6A:3-7.4 Applications for emergent relief

(a) Where a petitioner is seeking emergent relief, a petition shall be filed in accordance with N.J.A.C. 6A:3-7.1, except as set forth below, and shall be accompanied by a separate motion and brief meeting the requirements at N.J.A.C. 6A:3-1.6.

The petitioner shall include with the petition the Record on Appeal obtained from the NJSIAA, including a Statement of Items comprising such record, or a certification attesting that such record and statement have been requested and will be provided to the Commissioner within three days, unless a shorter time frame is directed by the Commissioner due to a matter's extreme urgency or a longer time frame is agreed upon by the parties and the Commissioner.

Where the relief sought in the petition will become moot upon the Commissioner's decision on the motion for emergent relief, the petitioner's brief shall additionally address the merits of the petition so that the Commissioner's decision on the emergent application shall resolve the entire controversy without further proceedings.

(b) Within three days of its receipt of a verified petition with motion for emergent relief, or within such shorter period as may be directed by the Commissioner due to a matter's extreme urgency, the NJSIAA and any other respondent shall file an answer to the petition in the same form and manner as prescribed at N.J.A.C. 6A:3-1.5, together with a brief in opposition to petitioner's submission pursuant to (a) above and proof of service upon the petitioner(s).

(c) After the filing of briefs pursuant to (a) and (b) above, no further briefs shall be allowed except as directed by the Commissioner and the record of the matter shall be deemed closed.

History

New Rule, R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
Former N.J.A.C. 6A:3-7.4, Standard of review, recodified to N.J.A.C. 6A:3-7.5.

N.J. Admin. Code § 6A:3-7.5 Standard of review

(a) In determining appeals from NJSIAA decisions, the Commissioner's scope of review shall be appellate in nature.

If the NJSIAA has granted a petitioner due process and its decision is supported by sufficient credible evidence in the record as a whole, the Commissioner shall not substitute their judgment for that of the NJSIAA, even if the Commissioner might judge otherwise in a de novo review.
The Commissioner shall not overturn NJSIAA's application of its own rules absent a demonstration by the petitioner that such rules were applied in an arbitrary, capricious, or unreasonable manner.

History

Recodified from N.J.A.C. 6A:3-7.4 by R.2005 d.109, effective 4/4/2005.
See: 36 New Jersey Register 5032(a), 37 New Jersey Register 1051(b).
Former N.J.A.C. 6A:3-7.5, Commissioner's decision, recodified to N.J.A.C. 6A:3-7.6.

N.J. Admin. Code § 6A:3-7.6 Commissioner's decision

The Commissioner shall issue a written decision, which shall resolve the entire controversy before the Commissioner. The decision shall constitute, pursuant to N.J.S.A. 18A:11-3, the final decision of the State administrative agency for purposes of appeal to the Appellate Division of the Superior Court.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Subchapter 8 APPEALS FROM DISTRICT BOARD OF EDUCATION DETERMINATIONS OF ENTITLEMENT TO ATTEND SCHOOL BASED UPON DOMICILE OR RESIDENCY IN DISTRICT

N.J. Admin. Code § 6A:3-8.1 Exceptions to general appeal requirements

(a) Appeals of district board of education determinations with respect to entitlement to attend school pursuant to N.J.S.A. 18A:38-1 and N.J.A.C. 6A:22 shall generally proceed in accordance with the provisions at N.J.A.C. 6A:3-1, except as set forth below.

Petitions in letter form shall be accepted from pro se petitioners, provided that such petitioners use the form provided by the Department or prepare a letter wherein they:

i. Identify themselves by name, address, telephone number, and, where available, email address;

ii. Identify the respondent district board of education;

iii. Clearly indicate that they are appealing from a determination of ineligibility to attend school in the school district based upon residency or domicile and provide the date on which such determination was made; and

iv. Include a signed attestation, which need not be notarized, that:

(1) Their claim of entitlement is based upon facts that are true to the best of their knowledge and belief; and

(2) They understand that they may be assessed tuition for the period of the child(ren)'s ineligible attendance and that such assessment may be recorded on the judgment docket of the court, if the Commissioner determines that the appeal has been abandoned or withdrawn and/or that the child(ren) are ineligible for a free education in the district.

Petitions from pro se petitioners need not be served on the respondent district board of education, but may be filed solely with the Office of Controversies and Disputes (Office). Upon the receipt of any such petition, the Office will transmit, by electronic mail, a copy of the petition and its appended supporting materials, if any, to the district board of education and the executive county superintendent, together with notice of the district board of education's obligation to answer the petition pursuant to N.J.A.C. 6A:3-1.5 and to effectuate, pursuant to N.J.S.A. 18A:38-1, the attendance of petitioners' child(ren) pending the outcome of the appeal.

i. Nothing at (a)2 above shall preclude a pro se petitioner from serving a petition on a respondent district board of education in accordance with N.J.A.C. 6A:3-1.3. In such cases, the district board of education's obligation to answer the petition pursuant to N.J.A.C. 6A:3-1.5 and to effectuate, pursuant to N.J.S.A. 18A:38-1, the attendance of petitioner's child(ren) pending the outcome of the appeal, shall commence on receipt of the petition, rather than on any subsequent notice from the Office.

ii. Petitions filed by represented petitioners shall conform to the requirements at N.J.A.C. 6A:3-1.3, including proof of service on the district board of education. The Office will not transmit such petitions to the district board or executive county superintendent as set forth in this section; however, upon receipt of any such petition, the Office will transmit the notice of the district board of education's obligation to answer the petition pursuant to N.J.A.C. 6A:3-1.5 and to effectuate, pursuant to N.J.S.A. 18A:38-1, the attendance of petitioners' child(ren) pending the outcome of the appeal.

In any instance where a petitioner has not included a copy of the district board of education's written determination of ineligibility as part of the petition, the district board of education shall file a copy of such determination with its answer.
Petitions shall be filed by the parent or guardian with whom the child lives in the school district.

(b) An appeal that is taken from a determination of ineligibility pursuant to N.J.S.A. 18A:38-1.b(1) ("affidavit" students) shall be filed by the resident making the claim of entitlement and shall not be filed by the parent or legal guardian.

(c) Hearing of appeals filed pursuant to this subchapter shall be on an expedited basis in accordance with the provisions at N.J.S.A. 18A:38-1.

(d) If a petition is abandoned through withdrawal, failure to prosecute, or any means other than settlement agreeing to waive or reduce tuition and the Commissioner determines that the child(ren) are ineligible for a free education in the school district, and the record includes a calculation reflecting the rate(s) of tuition for the year(s) at issue, the per diem rate of tuition for the current year, and the date on which the student's ineligible attendance began, payment of tuition, consistent with the provisions at N.J.A.C. 6A:22-6, may be ordered by the Commissioner in the decision finding abandonment of the appeal. If the record does not include such a calculation, but the district board of education has filed a counterclaim for tuition along with its answer to the petition, the counterclaim shall proceed to hearing at the OAL notwithstanding that the petition has been withdrawn or abandoned.

(e) Nothing in this subchapter shall preclude a district board of education from seeking payment of tuition, consistent with the provisions at N.J.A.C. 6A:22-6.1(a), for a student it determines to be ineligible to attend school in the school district.

(f) Where the petition of appeal is filed within 21 days following a notice of ineligibility, the student may continue to attend school while the appeal is pending. After the 21-day period, the petitioner shall file a petition in accordance with N.J.A.C. 6A:3-1.3 and a motion for emergent relief pursuant to N.J.A.C. 6A:3-1.6. The petitioner must prevail on the motion for emergent relief in order for the student to continue to attend school while the appeal is pending.

(g) The provisions of this subchapter shall not apply to disputes arising from a district board of education's assignment of a student to a particular school within the school district or to appeals of district board of education determinations not to permit continued attendance by a student who was, but no longer is, eligible to attend school in the school district. Such disputes shall be filed, and proceed, in accordance with the general provisions at N.J.A.C. 6A:3-1.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Subchapter 9 REVIEW OF PENALTY RECOMMENDATIONS OF THE SCHOOL ETHICS COMMISSION

N.J. Admin. Code § 6A:3-9.1 Commissioner review of penalty recommendations

(a) By operation of N.J.S.A. 18A:12-29.c, the Commissioner shall review penalty recommendations of the School Ethics Commission (Commission). Such review shall be limited to the appropriateness of the penalty recommended by the Commission in light of its findings of fact and determinations of violation.

(b) Appeals of findings of violation by the Commission, or of interlocutory decisions of the Commission, shall be made to the Commissioner pursuant to the provisions at N.J.A.C. 6A:4. Pursuant to N.J.S.A. 18A:12-29.b and N.J.A.C. 6A:28-11.1, appeals of findings that probable cause does not exist to credit the allegations in a complaint, or of dismissals of complaints, shall be made directly to the Appellate Division of Superior Court.

History

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Subchapter 10 APPLICATIONS FOR ISSUANCE OF FACILITIES BONDS

N.J. Admin. Code § 6A:3-10.1 Application to issue bonds following defeated referenda

Applications for an order of the Commissioner authorizing the issuance of bonds without voter approval pursuant to N.J.S.A. 18A:7G-12 may be made, and shall proceed, in accordance with the provisions at N.J.A.C. 6A:26-3.7(h).

History

Recodified from N.J.A.C. 6A:3-11.1 by 49 N.J.R. 641(a), effective 4/3/2017

Subchapter 11 REQUESTS FOR RECORDING OF JUDGMENT

N.J. Admin. Code § 6A:3-11.1 Recording of assessments on judgment docket of Superior Court

(a) Where the Commissioner has, in a final decision in a contested case, assessed a fixed amount of money against a non-prevailing party, the party(ies) to whom relief was awarded may request the Commissioner to issue an order notifying the Clerk of the Superior Court that the final order of assessment is subject to recording on the judgment docket of the court pursuant to N.J.S.A. 2A:58-10.

(b) Requests to the Commissioner pursuant to (a) above shall be made by letter to the Commissioner c/o the Director, Office of Controversies and Disputes, New Jersey Department of Education, 100 River View Plaza, PO Box 500, Trenton, New Jersey 08625-0500. Such letter shall indicate how much, if any, of the assessment has already been satisfied; and shall be accompanied by proof of service on each other party and a copy of the Commissioner's decision ordering the assessment.

Upon the Department's receipt of a conforming letter of request, the non-prevailing party shall be afforded an opportunity to provide reasons why the Commissioner should not seek recording of the judgment. Such reasons may not dispute the fact that monies are owed or the amount of such monies as reflected in the final order of assessment, but shall be limited to claims of error in the amount of judgment sought, for example, because payments have been made that the letter of request does not reflect.

History

Recodified from N.J.A.C. 6A:3-12.1 by 49 N.J.R. 641(a), effective 4/3/2017

Subchapter 12 HEARINGS PRIOR TO SUSPENSION OR REVOCATION OF SCHOOL BUS DRIVER ENDORSEMENT PURSUANT TO N.J.S.A. 18A:39-26 ET SEQ

N.J. Admin. Code § 6A:3-12.1 Request for hearing upon notice of impending suspension or revocation

(a) If a school bus driver has been notified by the Department's Office of Student Protection that a determination has been made that suspension or revocation, as the case may be, of the driver's school bus endorsement is warranted, pursuant to N.J.S.A. 18A:39-26 et seq., because a child was left on the school bus to which the driver was assigned notwithstanding the driver's obligation to conduct a visual inspection at the end of the transportation route to assure that no pupil is left on the bus, the driver may contest such determination through the filing of a petition of appeal according to the procedures set forth at N.J.A.C. 6A:3-1.

Such petition shall be filed within 10 business days of the date of the Department's written notice to petitioner of such determination.

In addition to the service requirements at N.J.A.C. 6A:3-1.3(a) and (j), such petition shall additionally be served on the Department c/o Manager, Office of Student Protection, New Jersey Department of Education, PO Box 500, Trenton, New Jersey 08625-0500.

(b) The following aspects of the Department's determination may be contested:

That a pupil was left on the bus at the end of the driver's route;
That the incident in question was the driver's second offense;
That the pupil was harmed as a result of foreseeable danger; and
That the driver acted with gross negligence.

(c) Where no petition is filed within the requisite time frame, or where a petitioner does not prevail before the Commissioner in demonstrating that the Department's determination was in error, the Department's Office of Student Protection will:

Notify the Motor Vehicle Commission of its obligation pursuant to N.J.S.A. 18A:39-26 et seq., to suspend or revoke, as the case may be, the driver's school bus endorsement; and
Notify the driver's employer that the driver is ineligible, for the period of suspension or permanently, as the case may be, for continued employment as a school bus driver.

History

Recodified from N.J.A.C. 6A:3-1 3.1 by 49 N.J.R. 641(a), effective 4/3/2017

Subchapter 13 HEARINGS PRIOR TO SUSPENSION OR REVOCATION OF SCHOOL BUS DRIVER ENDORSEMENT PURSUANT TO N.J.S.A. 18A:39-28 ET SEQ (RECODIFIED)

N.J. Admin. Code § 6A:3-13.1 Recodified

History

Recodified to N.J.A.C. 6A:3-12.1 by 49 N.J.R. 641(a), effective 4/3/2017

Chapter 4 APPEALS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:4-1.1 Purpose and scope

This chapter implements the provisions of P.L. 2008, c. 36, which removed the State Board of Education's authority to hear appeals of determinations of the Commissioner of Education, the State Board of Examiners, and the School Ethics Commission. The law instead provided that Commissioner determinations shall be deemed final agency actions and that State Board of Examiners and School Ethics Commission determinations shall be appealable to the Commissioner. The chapter establishes standards and procedures for the filing, briefing, and adjudication of appeals, and supersedes any rule with which it may be inconsistent.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise:

"Day" means business day when the period specified is less than seven days and calendar day when the period specified is seven days or more.

"Department" means the New Jersey State Department of Education.

"OAL" means the Office of Administrative Law established pursuant to N.J.S.A. 52:14F-1 et seq.

"Pro se" means a person who acts on their own behalf without an attorney or other nonlawyer representative as permitted at N.J.A.C. 1:1, Uniform Administrative Procedure Rules.

"Representative" means an attorney or other person as permitted by N.J.A.C. 1:1 , Uniform Administrative Procedure Rules, appearing on behalf of a party in proceedings governed by this chapter.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-1.3 Appeal of decisions

(a) Final Commissioner decisions, including decisions in controversies and disputes arising under the school laws pursuant to N.J.A.C. 6A:3 , shall be deemed final agency actions appealable as of right to the Appellate Division of the Superior Court. Interlocutory Commissioner decisions may be appealed to the Appellate Division of the Superior Court by leave granted pursuant to applicable Appellate Division rules.

(b) Appeals of decisions of the State Board of Examiners suspending or revoking certificates pursuant to N.J.A.C. 6A:9B-4sh all be made to the Commissioner in accordance with this chapter.

Appeals of decisions of the State Board of Examiners denying issuance of a certificate shall proceed as contested cases in accordance with N.J.A.C. 6A:3 .

(c) Appeals of School Ethics Commission decisions finding that a school official has violated the School Ethics Act (Act), including the Code of Ethics for School Board Members, shall be made to the Commissioner in accordance with this chapter. If the official found to have violated the Act is an officer or employee of the New Jersey School Boards Association, the School Ethics Commission decision as to both violation and sanction shall be deemed final agency action appealable to the Appellate Division of the Superior Court.

School Ethics Commission decisions finding that probable cause does not exist to credit the allegations in a complaint, or dismissing a complaint, shall be deemed final agency actions appealable to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:12-29.b and N.J.A.C. 6A:28-10.1.

If the School Ethics Commission's underlying finding of violation is appealed, the matter shall proceed in accordance with N.J.A.C. 6A:4-2.2(b).
If the School Ethics Commission's underlying finding of violation is not appealed, a sanction recommended by the School Ethics Commission for a school official other than an officer or employee of the New Jersey School Boards Association shall be reviewed by the Commissioner in accordance with N.J.A.C. 6A:28-9.11 and 6A:3-9.1.

(d) Interlocutory orders, decisions, or actions of the State Board of Examiners or the School Ethics Commission may be appealed to the Commissioner by leave granted pursuant to N.J.A.C. 6A:4-3.4.

(e) Requests for relief arising from decisions of the State Board of Education rendered prior to the effective date of P.L. 2008, c. 36 shall be made to the Commissioner by motion in accordance with the provisions of N.J.A.C. 6A:4-3.1.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

Subchapter 2 PROCEDURES FOR APPEAL

N.J. Admin. Code § 6A:4-2.1 Who may appeal

(a) Any party aggrieved by a State Board of Examiners decision suspending or revoking a certificate, or by a School Ethics Commission decision finding a violation of the School Ethics Act, may appeal to the Commissioner in accordance with this chapter.

Any party aggrieved by a State Board of Examiners decision denying issuance of a certificate shall proceed in accordance with N.J.A.C. 6A:3.

Any party taking exception to the recommended sanction of the School Ethics Commission but not disputing the School Ethics Commission's finding of violation shall proceed in accordance with N.J.A.C. 6A:28-9.11 and 6A:3-9.1.

(b) Parties jointly interested in a decision or action may join in an appeal therefrom or may appeal separately.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.2 Time for appeal

(a) Appeals of final State Board of Examiners decisions shall be filed within 30 days of the filing date of the decision being appealed.

(b) Appeals of final School Ethics Commission decisions finding a violation of the School Ethics Act shall be filed within 30 days of the filing date of the decision being appealed.

If a School Ethics Commission's finding of violation is appealed, the Commissioner's review of the School Ethics Commission's recommended sanction pursuant to N.J.S.A. 18A:12-29.c will be deferred and incorporated into the Commissioner's review on appeal.

i. If a notice of appeal has been filed, pursuant to N.J.A.C. 6A:4-2.4, on or before the due date for exceptions to the School Ethics Commission's recommended sanction pursuant to N.J.A.C. 6A:28-9.11(b) (13 days from the date the School Ethics Commission's decision is forwarded to the Commissioner), exceptions need not be filed by that date but may be incorporated into the appellant's briefs on appeal.

ii. If a notice of appeal has not been filed, pursuant to N.J.A.C. 6A:4-2.4, on or before the due date for exceptions to the School Ethics Commission's recommended sanction pursuant to N.J.A.C. 6A:28-9.11(b) (13 days from the date the School Ethics Commission's decision is forwarded to the Commissioner), exceptions shall be filed by that date to be considered by the Commissioner during the review of the sanction, pursuant to (b)1 above.

(d) Applications for leave to appeal from interlocutory orders, decisions, or actions, or for cross appeal if leave to appeal is granted, shall be made within the time provided at N.J.A.C. 6A:4-3.4.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.3 Computation of time

(a) A State Board of Examiners or School Ethics Commission decision shall be deemed filed three days after the date of mailing to the parties.

(b) In computing any period of time fixed by this chapter, the day of the act or event from which the designated period begins to run is not to be included. The last day of the period computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.4 Notice of appeal

(a) An appeal or cross appeal shall be made by serving a copy of the notice of appeal or cross appeal upon all other parties, providing a copy to the State Board of Examiners or School Ethics Commission, as appropriate, and emailing the appeal to the email address designated by the Office of Controversies and Disputes or mailing the appeal to the Commissioner c/o the Director, Office of Controversies and Disputes, New Jersey State Department of Education, 100 River View Plaza, P.O. Box 500, Trenton, New Jersey 08625-0500, Attention: Appeals.

A notice of appeal or notice of cross appeal shall set forth the name of the party taking the appeal and the party's address or that of the party's representative, if represented, and the names of all other parties. A notice of appeal or notice of cross appeal also shall specifically designate the decision appealed from, or such part as appealed from.
Each notice of appeal shall be signed by the representative of record representing the party taking the appeal or signed by the party if the party is appearing pro se.
Each notice of appeal shall include an appended copy of the decision being appealed, including the initial decision issued by the OAL, if any.
Each notice of appeal shall include an appended proof of service on all other parties. The notice of appeal also shall indicate a copy of the notice has been provided to the State Board of Examiners or the School Ethics Commission, as appropriate.

(b) Proof of service shall be in one of the following forms:

An acknowledgement of service indicating the date of service and the address at which each party was served and signed by the representative or the representative's designee for each party, or signed and acknowledged by the party;
An affidavit of the person making service that indicates the date of service and the address at which each party was served;
A certification indicating the date of service and the address at which each party was served and meeting the requirements of New Jersey Court Rules at R. N.J.S.A. 1:4-4(b); or
A copy of the appellant's receipt for certified mailing or delivery by messenger to each party. The return receipt card ("green card") is not required for proof of service by certified mailing.

(c) An appeal or cross appeal shall be considered filed upon receipt of notice of appeal by an appropriate officer of the Department.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.5 Record on appeal

(a) The record on appeal shall include all papers and exhibits, including audio and video recordings, on file with the State Board of Examiners or School Ethics Commission; all entries as to matters made on the record; any stenographic transcript; and all papers filed with the Commissioner.

Upon notice of appeal, the State Board of Examiners or School Ethics Commission shall certify the record and remit it to the Commissioner within 15 days of receipt of the notice of appeal. The record shall be remitted to the Commissioner with a statement of items comprising the record and the statement shall be served on each party to the appeal at the same time.

(b) A party who questions whether the record fully and truly discloses what occurred in the proceedings below shall apply on motion to the State Board of Examiners or the School Ethics Commission to settle the record. The Commissioner, on a party's motion, may review such determination or, at the Commissioner's discretion, may direct correction of the record.

(c) If it appears, at any time during an appeal's pendency, that evidence unadduced in the proceedings before the State Board of Examiners or the School Ethics Commission may be material to the issues on appeal, the Commissioner may order, on a party's motion or at the Commissioner's discretion and on terms the Commissioner deems appropriate, the record on appeal be supplemented by the taking of additional evidence and the making of findings of fact thereon by the State Board of Examiners or School Ethics Commission.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.6 Filing and service of briefs, motions, and applications

(a) One copy of all briefs, motions, and applications filed pursuant to this chapter shall be served on all parties. Proof of such service, in conformity with N.J.A.C. 6A:4-2.4(b), shall be appended to the original brief, motion, or application filed with the Commissioner.

(b) Appeals filed pursuant to this chapter shall be considered without oral argument.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.7 Time for filing and service of briefs

(a) Except as otherwise provided by this chapter, the appellant shall serve and file a brief in support of the appeal within 20 days after the appeal has been filed. The respondent shall serve and file an answer brief within 20 days after service of the appellant's brief. The appellant may serve and file a reply brief within 10 days after service of the respondent's brief.

(b) If a cross appeal is taken, the party first appealing shall serve and file an appeal brief within 30 days of notice of the cross appeal. Within 30 days thereafter, the cross-appellant shall serve and file a brief in support of the cross appeal, which shall include an answer to appellant's brief. The appellant may file a reply brief within 10 days thereafter.

(c) Failure to meet the filing deadline for an appeal brief or brief in support of a cross appeal may be viewed as a failure to perfect the appeal or cross appeal and may result in dismissal of the appeal or cross appeal.

(d) If a respondent fails to meet the filing deadline for an answer brief, the record may be closed and the Commissioner may consider the matter on the record before the Commissioner.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.8 Contents of briefs

(a) The cover of each formal brief filed pursuant to this chapter shall contain the following information:

The Commissioner's name and the Commissioner's docket number for the action;
The caption of the action;
The designation of the parties in the action before the Commissioner;

The title of the document and the designation of the party for whom it is filed; and

The name and office address of the representative of record and the names of any attorneys "of counsel" or "on the brief" or the name and address of the party submitting the brief if appearing pro se.

(b) All formal briefs shall be typed double spaced and plainly legible.

(d) Each formal brief filed by an appellant shall contain the following material under distinct titles, arranged in the following order:

A table of contents, including the point headings to be argued;
If the appeal raises questions concerning educational policies, a concise and specific statement of the policies;
A concise procedural history, including a statement of the proceeding's nature and a reference to the order, decision, or action appealed or sought to be reviewed;
A concise statement of the facts material to the issues on appeal supported by references to the record and transcript. The statement shall be in the form of a chronological narrative summarizing all pertinent evidence, but shall not be a summary of all evidence adduced at hearing, witness by witness; and

The legal argument for the appellant, under appropriate point headings, distinctively printed or typed, into as many parts as there are to be argued.

(e) All briefs shall be dated and signed by the party submitting the brief, if appearing pro se, or by the representative of record, if the party is represented.

(f) All briefs shall strictly preserve the anonymity of any minor who is a party to or witness in the matter by means such as using initials in place of the minor's name.

(g) In lieu of filing a formal brief in accordance with (d) above, the appellant may file a letter brief. Letter briefs may be typed either single or double-spaced. Letter briefs shall conform with the requirements of this section, except for provisions expressly applicable only to formal briefs. No cover need be annexed, provided the information required is included in the heading of the letter.

(h) Respondent's answer brief shall conform to the requirements of this section, but shall include a counter-statement of facts only if respondent disagrees with the statement of facts in appellant's brief.

(i) A brief in support of a cross appeal shall conform to the requirements of this section.

(j) Appellant's reply brief shall conform to the requirements of this section.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.9 Length of briefs

(a) Initial briefs of parties, if formal briefs, shall not exceed 40 pages exclusive of tables of contents and appendices.

(b) Letter briefs and reply briefs shall not exceed 15 pages.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.10 Appendices

(a) An appeal brief or brief in support of a cross appeal shall include an appendix containing as the first item the appealed decision, including any decision issued by the OAL, and parts of the record, including evidentiary exhibits or portions, upon which the appellant or cross-appellant relies, or upon which it should reasonably be assumed the respondent will rely in meeting the issues raised. If answers to interrogatories are included in the appendix, a copy of the interrogatories also shall be included.

(b) All appendices shall be bound or stapled with pages arranged in clearly designated numerical order.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-2.11 Extensions of time for briefs

(a) With the consent of all parties, requests for extensions of time for the filing of briefs will be granted upon request.

(b) Requests for extensions of time without the consent of all parties may be granted only by leave of the Commissioner.

History

Amended by R.2009 d.248, effective 8/3/2009.
See: 41 N.J.R. 1921(a), 41 N.J.R. 2893(a).
Rewrote (a); and deleted (c).

N.J. Admin. Code § 6A:4-2.12 Reserved

History

Recodified to N.J.A.C. 14:5-3.1 by R.2009 d.248, effective 8/3/2009.
See: 41 N.J.R. 1921(a), 41 N.J.R. 2893(a).
Section was "Motions".

Subchapter 3 MOTIONS

N.J. Admin. Code § 6A:4-3.1 General provisions

(a) Every motion shall be accompanied by a brief that conforms to the requirements of either N.J.A.C. 6A:4-2.8(d) or (g). The brief shall explain clearly the nature of the action, the relief sought by the moving party, and why the moving party is entitled to the relief sought.

(b) Every brief shall include as an attachment any School Ethics Commission or State Board of Examiners decision or order granting or denying the relief sought or challenged, and portions of the record upon which the moving party either relies or should reasonably assume the opposing party will rely.

(c) Each motion shall be accompanied by an affidavit setting forth fully the factual basis upon which the motion is based.

(d) The moving party shall serve one copy of the moving papers on all other parties and shall file the original with the Commissioner.

(e) Except as provided at N.J.A.C. 6A:4-3.5, an opposing party shall have 10 days after service of the moving party's papers to serve and file papers in opposition. The opposing party's brief shall explain clearly the grounds for opposition, annexing any papers relied on that were not included in the moving party's appendix. If no opposing brief is filed, the Commissioner may consider the motion unopposed.

(f) Except by leave of the Commissioner, supporting and answering briefs shall not exceed 15 pages, exclusive of table of contents and appendix.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-3.2 Motion to participate as amicus curiae

(a) A motion for leave to participate as amicus curiae may be made to the Commissioner in accordance with N.J.A.C. 6A:4-3.1. The motion shall state with specificity the applicant's identity, the issue intended to be addressed, the nature of the public interest therein, and the nature of the applicant's special interest, involvement, or expertise with respect thereof.

(b) In ruling on a motion for leave to participate as amicus curiae, the Commissioner shall consider whether the moving party's participation will assist in the resolution of an issue of public importance, whether the moving party's interest is sufficiently different from that of any party to add measurably and constructively to the scope of the case, and whether the moving party's inclusion may give rise to confusion, prejudice to a party, or undue delay in proceedings. A decision granting the motion shall fix a briefing schedule.

(c) An amicus curiae who has been granted leave to participate in a case before the State Board of Examiners or the School Ethics Commission may file, without seeking further leave, a brief and appear in an appeal to the Commissioner of the decision or order entered therein.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-3.3 Motion for stay of a decision of the State Board of Examiners

(a) A motion to stay a State Board of Examiners' determination pending determination of an appeal to the Commissioner shall be made first to the State Board of Examiners.

Motions shall be made to the State Board of Examiners concurrent with or subsequent to the filing of a notice of appeal to the Commissioner, together with a supporting affidavit and proof of service on each party.

(b) If the motion is denied by the State Board of Examiners, a motion for stay may be made to the Commissioner in accordance with N.J.A.C. 6A:4-3.1. If the motion is granted by the State Board of Examiners, a motion to dissolve the stay may be made to the Commissioner in accordance with N.J.A.C. 6A:4-3.1. The motion shall include as an attachment the State Board of Examiners' decision granting or denying a stay, along with the State Board of Examiners' decision from which a stay was sought, including the initial decision, if any, issued by the OAL.

(c) The motion and affidavit filed in accordance with N.J.A.C. 6A:4-3.1 shall set forth fully the portion of the State Board of Examiner's decision from which a stay or dissolution of a stay is sought, the factual basis on which the motion is founded, and the reason(s) why the motion should be granted.

(d) Any party opposing the motion shall file, and shall serve within 10 days of service of the motion, an answering affidavit in the same manner, setting forth the reason(s) why the motion should be denied.

(e) The motion shall be reviewed by the Commissioner in accordance with N.J.A.C. 6A:4-4.1(b).

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-3.4 Motion for leave to appeal an interlocutory order, decision, or action

(a) Motion for leave to appeal an interlocutory order, decision, or action of the State Board of Examiners or the School Ethics Commission shall be made by filing a motion for leave to appeal to the Commissioner within five days after the action or service of the interlocutory decision or order.

(b) Motions for leave to appeal shall conform to the requirements at N.J.A.C. 6A:4-3.1, except a brief in support of the motion also shall include the merits of the issue(s) sought to be appealed.

(c) The respondent's answer shall be filed within 10 days of service of the motion and may raise issues by way of cross appeal. If such issues are raised, the moving party shall file an answer to the issues on cross appeal within 10 days of service of the answer.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-3.5 Emergency relief in matters on appeal

(a) Applications for emergency relief shall be made by motion conforming to the requirements at N.J.A.C. 6A:4-3.1. Opposing parties shall be given reasonable opportunity under the circumstances to file papers in response to an application for emergency relief.

(b) Applications for emergency relief shall be considered on an expedited basis and shall be reviewed in accordance with N.J.A.C. 6A:4-4.1(b).

History

Recodified from N.J.A.C. 6A:4-3.4 and amended by R.2009 d.248, effective 8/3/2009.
See: 41 N.J.R. 1921(a), 41 N.J.R. 2893(a).
Section was "Emergency relief". In (a), substituted "be made by motion conforming" for "conform" and updated the N.J.A.C. reference. Former N.J.A.C. 6A:4-3.5, Motion for clarification and/or reconsideration of a decision of the Commissioner on appeal, recodified to N.J.A.C. 6A:4-3.6.

N.J. Admin. Code § 6A:4-3.6 Motion for clarification and/or reconsideration of a decision of the Commissioner on appeal

(a) A motion for clarification and/or reconsideration of a Commissioner's decision rendered pursuant to this chapter shall be served and filed within 10 days after the Commissioner files the decision. The motion shall conform to the requirements at N.J.A.C. 6A:4-3.1 and shall include a copy of the decision for which clarification and/or reconsideration is sought.

(b) Motions for reconsideration shall be entertained based solely upon the following:

Claim(s) of mistake, provided that disagreement with the outcome of a decision, or with the analysis upon which it is based, shall not constitute "mistake" for purposes of this section;
Newly discovered evidence likely to alter the outcome of a matter, if the evidence could not have been discovered previously by due diligence;
Newly ascertained misrepresentation or other misconduct of an adverse party, if the misrepresentation or misconduct could not have been known previously; or
Reversal of a prior judgment on which the present matter is based.

(c) Motions for clarification shall be considered based upon necessity as specifically demonstrated in the papers submitted with a motion.

(d) The filing of a motion for clarification or reconsideration, in and of itself, shall not relieve the parties from compliance with any judgment or order of the Commissioner.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

Subchapter 4 REVIEW AND DECISION

N.J. Admin. Code § 6A:4-4.1 Standard of review

(a) In determining appeals from decisions of the State Board of Examiners or the School Ethics Commission pursuant to this chapter, the Commissioner shall ascertain whether the decision is supported by sufficient credible evidence in the record and shall not disturb the decision unless the appellant has demonstrated the State Board of Examiners or the School Ethics Commission acted in a manner that was arbitrary, capricious, or contrary to law.

(b) In determining motions for stay or emergency relief, the Commissioner shall apply the following standards, pursuant to Crowe v. DeGioia , 90 N.J. 126 (1982):

The moving party will suffer irreparable harm if the requested relief is not granted;
The legal right underlying the moving party's claim is settled;
The moving party has a likelihood of prevailing on the merits of the underlying claim; and
When the equities and interests of the parties are balanced, the moving party will suffer greater harm than the respondent will suffer if the requested relief is not granted.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-4.2 Settlement and withdrawal

(a) An appellant may withdraw an appeal at any time prior to issuance of the Commissioner's decision, whereupon the Commissioner shall discontinue all proceedings and notify all parties accordingly.

(b) An appeal may be settled at any time prior to issuance of the Commissioner's decision, provided the parties shall notify the Commissioner of any proposed settlement and shall set forth the full settlement terms for the Commissioner's review and approval.

If a district board of education is party to an appeal, any proposed settlement shall indicate, by signature of the district board of education attorney or inclusion of a district board of education resolution authorizing settlement, the district board of education has consented to the settlement terms.
A proposed settlement shall not include terms that restrict access to records or information deemed public by law or that require disclosure of information protected by law from disclosure.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

N.J. Admin. Code § 6A:4-4.3 Commissioner's decision

(a) Commissioner determinations rendered pursuant to this chapter shall be embodied in a written decision and shall be deemed final agency actions appealable to the Appellate Division of the Superior Court.

(b) The Commissioner's decision shall be mailed to all parties or their representatives of record.

History

Amended by 55 N.J.R. 2405(a), effective 12/4/2023

N.J. Admin. Code § 6A:4-4.4 Relaxation of rules

(a) The rules of this chapter shall be construed to secure a just determination, simplicity of procedure, fairness in administration, and elimination of unnecessary delay. Unless otherwise stated, the Commissioner may relax any rule not reflecting a statutory requirement or an applicable rule of administrative procedure if strict adherence to the rule is deemed inappropriate or unnecessary or would result in injustice.

(b) Briefing on appeals and motions shall be in accordance with this chapter. If the Commissioner deems it necessary to expedite proceedings or protect the interests of the parties, the Commissioner may modify time schedules or direct additional submissions or by leave upon motion of a party.

History

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

Subchapter 5 RESERVED

N.J. Admin. Code § 6A:4-5.1 Reserved

History

Repealed by R.2009 d.248, effective 8/3/2009.
See: 41 N.J.R. 1921(a), 41 N.J.R. 2893(a).
Section was "Filing of documents; oral argument".

N.J. Admin. Code § 6A:4-5.2 Reserved

History

Recodified to N.J.A.C. 6A:4-4.4 by R.2009 d.248, effective 8/3/2009.
See: 41 N.J.R. 1921(a), 41 N.J.R. 2893(a).
Section was "Relaxation of rules".

Chapter 5 REGULATORY EQUIVALENCY AND WAIVER

Subchapter 1 EQUIVALENCY AND WAIVER PROCESS

N.J. Admin. Code § 6A:5-1.1 Purpose and scope

(a) This chapter's purpose is to provide regulatory flexibility for school districts to meet the requirements of the rules contained in the New Jersey Administrative Code Title 6A. Regulatory flexibility may be granted as a waiver or equivalency to a specific rule so school districts can provide effective and efficient educational programs. The Commissioner, with authority delegated by the New Jersey State Board of Education, may approve on a case-by-case basis a waiver or equivalency to a specific rule.

(b) Entities covered by the chapter include: school districts; charter schools; renaissance school projects; county vocational school districts; county special services school districts; educational services commissions; jointure commissions; regional day schools; Marie Katzenbach School for the Deaf; approved private schools for students with disabilities; college-operated programs; educator preparation programs; and programs operated by the State Departments of Children and Families, Human Services, and Corrections. Agencies and clinics are excluded.

Throughout this chapter, unless otherwise indicated, "school district" refers to each of the 14 entities referenced at (b) above.

History

Amended by 49 N.J.R. 3502(a), effective 11/6/2017

N.J. Admin. Code § 6A:5-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise.

"Equivalency" means approval to achieve the intent of a specific rule through an alternate means that is different from, yet judged to be comparable to or as effective as, those prescribed within the rule.

"Waiver" means approval to avoid compliance either with the specific procedures or the substantive requirements of a specific rule for reasons that are judged educationally, organizationally, and fiscally sound.

History

Amended by 49 N.J.R. 3502(a), effective 11/6/2017

N.J. Admin. Code § 6A:5-1.3 Criteria for an equivalency or waiver

(a) An equivalency or waiver to a specific rule must meet the following criteria:

The spirit and intent of New Jersey Statutes Title 18A, applicable Federal laws and regulations, and the New Jersey Administrative Code Title 6A are served by granting the equivalency or waiver.

i. Certification requirements at N.J.S.A. 18A:26-2 shall not be violated.

ii. No equivalencies or waivers related to N.J.A.C. 6A:14, Special Education, shall be granted.

iii. The Department shall not accept any equivalency or waiver application that seeks relief from any title of the New Jersey Statutes or any title other than Title 6A of the New Jersey Administrative Code;

The provision of a thorough and efficient education to students in the school district is not compromised as a result of the equivalency or waiver; and

There will be no risk to student health, safety, or civil rights by granting the equivalency or waiver.

History

Amended by 49 N.J.R. 3502(a), effective 11/6/2017

N.J. Admin. Code § 6A:5-1.4 Equivalency process

(a) The Commissioner, or the Commissioner's designee, with authority delegated by the State Board, may approve an equivalency to a specific rule based on a Department-developed application submitted by a school district.

(b) The application completed by the school district shall describe, at a minimum:

How the school district's proposed equivalency meets the spirit and intent of an existing rule;
The condition(s) or reason(s) for the proposed equivalency, including reference to the specific rule that necessitates the proposal;
The projected measurable results that will provide programs or services at least equal to the current rule; and

How the school district's community, including the district board of education, parents, administration, and staff, has been informed of the proposed equivalency to the specific rule and has been provided the opportunity for public comment.

(c) The completed application shall be signed by the chief school administrator and approved by the district board of education.

(d) The chief school administrator, or the chief school administrator's designee, shall submit the signed application and the approved district board of education resolution, or other documentation indicating the district board of education's approval of the application, to the executive county superintendent.

The executive county superintendent shall review the application for compliance with N.J.A.C. 6A:5-1.3(a)3 and forward, to the Office of the State Board of Education, the application submitted pursuant to (d) above and the executive county superintendent's recommendation whether to approve the application.
An educator preparation program, as that term is defined at N.J.A.C. 6A:9-2.1, shall submit its application directly to the Office of the State Board of Education.

History

Amended by 49 N.J.R. 3502(a), effective 11/6/2017

N.J. Admin. Code § 6A:5-1.5 Waiver process

(a) The Commissioner, or the Commissioner's designee, with authority delegated by the State Board, may approve a waiver to a specific rule based on a Department-developed application submitted by a school district.

(b) The application completed by the school district shall describe, at a minimum:

The waiver sought by the district;
The conditions or reasons for the proposed waiver, including reference to the specific rule that necessitates the proposal;
The projected measurable results that will demonstrate the waiver is educationally, organizationally, and fiscally sound; and
How the school district's community, including the district board of education, parents, administration and staff, has been informed of the proposed waiver to the specific rule and has been provided the opportunity for public comment.

(c) The completed application shall be signed by the chief school administrator and approved by the district board of education.

The executive county superintendent shall review the application for compliance with N.J.A.C. 6A:5-1.3(a)3 and forward, to the Office of the State Board of Education, the application submitted pursuant to (d) above and the executive county superintendent's recommendation whether to approve the application.
An educator preparation program, as that term is defined at N.J.A.C. 6A:9-2.1, shall submit its application directly to the Office of the State Board of Education.

History

Amended by 49 N.J.R. 3502(a), effective 11/6/2017

N.J. Admin. Code § 6A:5-1.6 Review and duration of the equivalency or waiver

(a) The school district shall submit reports and documentation of the measurable results for periodic review as required by the Commissioner.

(b) The Commissioner shall present to the State Board quarterly reports of granted equivalencies and waivers.

(c) The Commissioner at least annually shall review the equivalencies and waivers granted to Title 6A to determine whether amendments to the Administrative Code should be proposed to the State Board.

(d) The Commissioner may rescind an approved equivalency or waiver if a school district does not comply with the specific rule's intent. The Commissioner shall provide the school district with a reasonable time period to comply with all applicable rules after the equivalency or waiver approval is rescinded.

(e) An equivalency or waiver shall not be granted for a period of more than three years.

History

Amended by 49 N.J.R. 3502(a), effective 11/6/2017

N.J. Admin. Code § 6A:5-1.7 Appeals

(a) Any party aggrieved by a Commissioner's determination to grant or deny an equivalency or waiver pursuant to this chapter may appeal the determination to the Appellate Division of the Superior Court as provided by law.

(b) Any party seeking to challenge an action by a district board of education, as that term is defined at N.J.A.C. 6A:3-1.2, on the grounds that such action is in violation of school laws shall initiate a contested case pursuant to N.J.A.C. 6A:3, Controversies and Disputes, notwithstanding that the action being challenged may involve the implementation of a waiver or equivalency granted by the Commissioner.

History

Amended by 49 N.J.R. 3502(a), effective 11/6/2017

Chapter 6 STATE BOARD OF EDUCATION RULEMAKING PROCESS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:6-1.1 Scope

This chapter sets forth the rulemaking process for the State Board of Education of New Jersey pursuant to Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 et seq., as amended under P.L. 2013, c. 259. This chapter also establishes, pursuant to N.J.S.A. 52:14B-4(f), rules that apply to all persons interested in making a petition to adopt a new rule or to amend or repeal an existing rule in Title 6A.

History

Amended by 47 N.J.R. 101(c), effective 1/5/2015

N.J. Admin. Code § 6A:6-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise:

"Act" means the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

"Discussion level document" means a draft of a summary memo and rule text to be discussed by the State Board prior to the notice of proposal.

"New Jersey Register" means the journal of New Jersey State agency rulemaking published by the Office of Administrative Law pursuant to N.J.S.A. 52:14B-7(b).

"Notice of adoption" means the document described at N.J.A.C. 1:30-6.1 that must be submitted to the Office of Administrative Law and then published in the New Jersey Register. When it is presented to the State Board at a public meeting, a notice of adoption includes a summary memo and rule text and a comment/response form that contains the Department's responses to comments received during the comment period.

"Notice of proposal" means the document described at N.J.A.C. 1:30-5.1 that must be submitted to the Office of Administrative Law and then published in the New Jersey Register and distributed to the Legislature and interested persons. When it is presented to the State Board at a public meeting, a notice of proposal includes a summary memo and rule text.

"Person" means any individual, association, board, venture, partnership, corporation, organization, institution, and governmental instrumentality recognized by law for any purpose.

"Policy discussion paper" means a paper prepared by Department staff that sets forth the broad policy issues related to a proposed new rule, amendment, or repeal.

"Pre-proposal" means a preliminary proceeding for the purpose of eliciting ideas, views, and comments of interested persons on a contemplated rulemaking proceeding, pursuant to N.J.A.C. 1:30-5.3(b).

"President" means the President of the State Board of Education or, in the President's absence, the Vice President.

"Public hearing" means a legislative-type proceeding that is conducted either as part of a rulemaking or to consider a potential rulemaking and that affords the public an opportunity to present the State Board and/or Department with oral and written comments, arguments, data, and views on the rulemaking or the contemplated rulemaking.

"Public testimony session" means a Department forum at which a panel of State Board members has the opportunity to listen to comments from interested persons regarding new rules, amendments, and/or repeals.

"Rulemaking process" means the systematic process followed by the State Board for the development and promulgation of rules. The process includes activities the State Board deems necessary to develop and promulgate rules, including, but not limited to, activities designed to meet the requirements of the Act and N.J.A.C. 1:30, Rules for Agency Rulemaking.

"Stakeholder" means any individual, group, or association that will be directly impacted by the force and effect of the proposed new rule, amendment, or repeal.

"State Board" means the New Jersey State Board of Education.

"Work session" means a State Board forum, conducted in compliance with the Senator Byron M. Baer Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 et seq., at which the State Board and the Commissioner discuss a policy discussion paper, pre-proposal, or other issues that require an in-depth discussion.

The State Board may also take formal action at a work session to vote on an item of action requiring notice to the public pursuant to the OPMA.

History

Amended by 47 N.J.R. 101(c), effective 1/5/2015

Subchapter 2 NOTICE OF ANTICIPATED RULEMAKING ACTIVITY

N.J. Admin. Code § 6A:6-2.1 Notice of State Board meeting dates and rulemaking activity

(a) The State Board shall adopt annually by resolution a calendar of meeting dates that include the State Board's public monthly meetings, work sessions, and public testimony sessions. The Department will post the calendar of meeting dates on its website at http://www.state.nj.us/education/. The Department will distribute the calendar of meeting dates to school districts, the news media maintaining a press office to cover the State House Complex, education associations, and other interested persons.

(b) The State Board shall provide on its monthly public meeting agenda notice of new rules, amendments, or repeals to be discussed or acted upon. In addition, the Department will post on its website at http://www.state.nj.us/education/ new rules, amendments, and repeals to be discussed or acted upon by the State Board.

(c) The Department may publish in the New Jersey Register quarterly calendars of the Department's anticipated proposed rulemaking activities, pursuant to N.J.A.C. 1:30-3. If developed, the calendars shall be amended as necessary in accordance with N.J.A.C. 1:30-3.2.

If it is developed, the Department will include a copy of the quarterly rulemaking calendar on the Department's website athttp://www.state.nj.us/education/.

If it is developed, the Department will provide notice of the availability of its quarterly rulemaking calendar in the same manner as it publicizes its proposed rulemakings pursuant to N.J.A.C. 6A:6-3.1(d) and 1:30-5.2 to inform persons most likely to be affected or interested by the proposed rules.
As an alternative to calendar publication requirements under this subsection, the Department may determine to use one of the five calendar exceptions available to it pursuant to N.J.A.C. 1:30-3.

History

Amended by 47 N.J.R. 101(c), effective 1/5/2015

Subchapter 3 STATE BOARD RULEMAKING PROCESS

N.J. Admin. Code § 6A:6-3.1 State Board rulemaking process

(a) The Department may prepare a policy discussion paper and present it to the State Board and to stakeholders for input before documents related to a new rule, amendment, or repeal are presented to the State Board for consideration.

(b) The Department may develop a discussion level document for any new rule, amendment, or repeal and present it to the State Board. The State Board may decide to:

Place the discussion level document on the State Board's monthly agenda at one or more public meetings in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.;
Provide a written comment period of at least 30 days for the discussion level document; and/or
Take oral testimony at one or more public testimony sessions scheduled after the State Board reviews the discussion level document at a public meeting and before the notice of proposal is published in the New Jersey Register pursuant to the Act. The State Board also accepts written comment at this time.

(c) Based upon the Commissioner's recommendation, the State Board shall determine at a public meeting to publish a notice of proposal in the New Jersey Register to promulgate new rules, amendments, or repeals pursuant to the Act.

The State Board may take oral testimony at one or more public testimony sessions scheduled after the proposal is discussed at a public meeting and published in the New Jersey Register.
The State Board may choose to extend the comment period on a notice of proposal.

(d) The State Board, pursuant to N.J.A.C. 1:30-5.2, will provide additional notice of the proposed rulemaking at least 30 days prior to the close of the comment period using the following methods:

The Department will distribute either the notice of proposal, as filed, or a statement of substance of the proposed action to persons who have made timely requests of the State Board for notice of its rulemaking activity and to the Department's electronic mailing list;
The Department will distribute the notice of proposal, as filed, or a statement of the proposed action to the news media maintaining a press office in the State House Complex;
The Department will post the notice of proposal on the Department website at: http://www.state.nj.us/education/;
The Department will distribute the notice of proposal to a list of stakeholders; and
The Department will undertake an additional method of publicity other than publication in the New Jersey Register, pursuant to N.J.A.C. 1:30-5.2, through distribution of a press release to the news media.

(e) Based upon the Commissioner's recommendation, the State Board shall discuss and vote at a public meeting to publish a notice of adoption in the New Jersey Register to promulgate new rules, amendments, or repeals pursuant to the Act.

(f) The President, in consultation with the Commissioner, may extend for 30 days the comment period on a proposal published in the New Jersey Register. Sufficient public interest for the purposes of extending the comment period, pursuant to N.J.A.C. 1:30-5.4, shall be demonstrated if the President, in consultation with the Commissioner, determines within 30 days of the publication date of the proposal that any of the following criteria has been satisfied:

Comments received reveal a previously unrecognized impact on a regulated party;
Comments received go beyond the scope of comments previously considered by the State Board during the rulemaking process related to the notice of proposal; or
Comments received raise unanticipated issues related to the notice of proposal.

(g) In determining whether sufficient public interest has been demonstrated for purposes of conducting a public hearing, pursuant to N.J.A.C. 1:30-5.5, the President, in consultation with the Commissioner, shall consider the request of an interested person. The request for a public hearing shall be submitted, in writing, within 30 days following the notice of proposal's publication in the New Jersey Register and shall comply with the following requirements:

A person interested in a public hearing on a notice of proposal shall submit a request to the State Board Office, New Jersey Department of Education, River View Executive Plaza, Building 100, PO Box 500, Trenton, NJ 08625-0500 or through email to stateboardoffice@doe.nj.gov . The request for a public hearing shall contain the following information:

i. The person's name, address, phone number, and agency of association (if applicable);

ii. The citation and title of the proposed rule and the date the notice of proposal was published in the New Jersey Register; and

iii. The reasons a public hearing regarding the notice of proposal is considered necessary pursuant to (h) below.

(h) Sufficient public interest for the purpose of holding a public hearing, pursuant to N.J.A.C. 1:30-5.5, shall be demonstrated if the President, in consultation with the Commissioner and upon review of the request for a public hearing, determines within 45 days of the notice of proposal's publication date that additional data, findings, and/or analysis regarding the notice of proposal are necessary for the State Board to review prior to adoption to ensure the notice of proposal does not violate the intent of the statutory authority.

(i) A public hearing on a notice of proposal shall be conducted in accordance with N.J.A.C. 1:30-5.5.

The Commissioner shall present the hearing officer's recommendations, made pursuant to N.J.A.C. N.J.S.A. 1:30-5.5(f), at a State Board public meeting, pursuant to the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. The State Board shall act upon the Commissioner's recommendation to accept, reject, or modify the hearing officer's recommendations.

The hearing officer's recommendations and the State Board's decision to accept, reject, or modify the recommendation(s) shall be summarized and published in the New Jersey Register, pursuant to N.J.A.C. 1:30-5.5(g).

(j) The Department shall make available on its website at www.state.nj.us/education all notices of rulemaking activity and public hearing, pursuant to N.J.S.A. 52:14B-3, and shall distribute the notices through its electronic mailing list, pursuant to N.J.S.A. 52:14B-4.

History

Amended by 47 N.J.R. 101(c), effective 1/5/2015

Subchapter 4 PETITIONS FOR RULEMAKING

N.J. Admin. Code § 6A:6-4.1 Preparation of rulemaking petition by petitioner

(a) An interested person may petition the State Board to adopt a new rule or amend or repeal an existing rule set forth in Title 6A.

(b) The petitioner shall submit the following information on a Commissioner-prescribed rulemaking petition form:

The petitioner's name, mailing and/or e-mail address, and phone number;
The substance or nature of the rulemaking request;
The reasons for the request and the petitioner's interest in it; and 4. References to the agency's authority to take the requested action.

(d) The petitioner may submit the rulemaking petition in one of the following ways: by mail to State Board Office, New Jersey Department of Education, River View Executive Plaza, Building 100, PO Box 500, Trenton, NJ 08625-0500; through email to stateboardoffice@doe.nj.gov; or through the Department's website at www.state.nj.us/education/code/petitions.

History

Amended by 47 N.J.R. 101(c), effective 1/5/2015

N.J. Admin. Code § 6A:6-4.2 Department response to a petition for rulemaking

(a) The Department will file a notice of petition with the Office of Administrative Law for publication in the New Jersey Register within 15 days of receipt of the rulemaking petition, pursuant to N.J.A.C. 1:30-4.1(c). The notice of petition shall include:

The name of the petitioner;
The substance or nature of the requested rulemaking action;
The problem or purpose identified by the petition; and
The date the petition was received.

(b) The President, in consultation with the Commissioner, shall determine within 60 days of the rulemaking petition's receipt the course of action for responding to the petition, pursuant to N.J.A.C. 1:30-4.2. The course of action shall be to:

Deny the petition, in which case the Commissioner shall provide to the petitioner a written statement of the reasons and include the reasons in the notice of action. The President and the Commissioner shall inform the State Board if such an action is taken on a petition;
Grant the petition and initiate a rulemaking proceeding within 90 days of granting the petition. The President and the Commissioner shall inform the State Board if such an action is taken on a petition; or
Refer the matter for further deliberations, the nature of which shall be specified to the petitioner and in the notice of action and which shall conclude within 90 days of the referral. Upon conclusion of further deliberations, the President, in consultation with the Commissioner, shall either deny the petition or grant the petition and initiate a rulemaking proceeding within 90 days. The Commissioner shall mail to the petitioner the results of the further deliberations and submit the results to the Office of Administrative Law for publication in the New Jersey Register.

(c) Within 60 days of receiving the rulemaking petition, the Department shall mail to the petitioner a notice of action on the petition, pursuant to N.J.A.C. 1:30-4.2(b), and shall file it with the Office of Administrative Law for publication in the New Jersey Register. The notice of action shall include:

The petitioner's name;
The New Jersey Register citation for the notice of petition;

Certification by the Commissioner that the petition was duly considered pursuant to law; and

The nature or substance of the action upon the petition.

(d) If the State Board fails to act on the rulemaking petition within the time frames set forth above and in N.J.A.C. 1:30-4.2, the petitioner may request a public hearing by submitting a written request to the Office of Administrative Law, pursuant to N.J.A.C. 1:30-4.3.

(e) The Department shall make available on its website at www.state.nj.us/education all petitions for rulemaking received and all notices of action filed, pursuant to N.J.S.A. 52:14B-3.

History

Amended by 47 N.J.R. 101(c), effective 1/5/2015

Chapter 7 MANAGING FOR EQUALITY AND EQUITY IN EDUCATION

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:7-1.1 Purpose

(a) The purpose of this chapter is to ensure all students, regardless of housing status, socioeconomic status, immigration status, or any protected category as stated at N.J.S.A. 10:5-1 et seq., such as race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, religion, disability, atypical hereditary cellular or blood trait, service in the Armed Forces of the United States, or nationality, are provided equal access to educational activities and programs by district boards of education. The educational activities and programs include the teaching of challenging curriculum based on the New Jersey Student Learning Standards (NJSLS), differentiated instruction, formative assessments aligned to the NJSLS, qualified teachers, and professional standards for teachers and school leaders.

(b) The rules specify standards for district boards of education in establishing policies and procedures for the provision of educational activities and programs for all students, pursuant to: Article I, Paragraph 5 of the New Jersey State Constitution; the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.); N.J.S.A. 18A:35-1 et seq., 18A:36-20, and 18A:38-5.1; Titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq. and 2000e et seq.); Title IX of Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 701 et seq.); and the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 et seq.).

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

N.J. Admin. Code § 6A:7-1.2 Scope

The rules in this chapter specify standards that apply to district boards of education providing general education services to students in preschool through grade 12, special education services to students ages three through 21, or adult education programs, and to charter schools and renaissance school projects. Throughout this chapter, unless otherwise indicated, "district board of education" and "school district" refer to the governing body of school districts, charter schools, and renaissance school projects.

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

N.J. Admin. Code § 6A:7-1.3 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise.

"Achievement gap" means the difference in academic performance among student groups as a result of membership in one or more of the protected categories listed at N.J.A.C. 6A:7-1.1(a).

"Affectional or sexual orientation" means male or female heterosexuality, homosexuality, or bisexuality by inclination, practice, identity, or expression, having a history thereof, or being perceived, presumed, or identified by others as having such an orientation.

"Amistad Commission curriculum" means instructional content, materials, and methods that were developed in consultation with the Amistad Commission and infused into the New Jersey Student Learning Standards (NJSLS) in accordance with N.J.S.A. 18A:35-4.42 and 4.43. The Amistad Commission curriculum, as infused into the NJSLS, is designed to enable students to learn and develop an understanding of the persecution, emancipation, discrimination, achievements, and contributions by people of African descent and how the experiences helped to transform America and continue to contribute toward the emergence of a global society.

"Chief school administrator" means the superintendent, the administrative principal if there is no superintendent, or charter school lead person and renaissance school project administrator.

"Commission on Holocaust Education curriculum" means instructional content, materials, and methods that were developed in consultation with the New Jersey Commission on Holocaust Education and infused into the New Jersey Student Learning Standards (NJSLS) and that meet the Holocaust/genocide mandate set forth at N.J.S.A. 18A:35-28. Materials and curricula are designed to enable students to understand that: genocide is a consequence of prejudice, bias, intolerance, and discrimination; issues of moral dilemma and conscience have a profound effect upon a society; and all citizens share a responsibility to oppose prejudice and discrimination in all facets of their lives.

"Comprehensive equity plan" means a plan designed specifically to ensure an equitable educational opportunity is available to all students through the identification and correction of discriminatory and inequitable practices prohibited by State and Federal law.

"Discriminatory practices" means a policy, action, or failure to act that limits or denies equal access to, or benefits from, the educational activities and programs of a school, or that generates or permits injustice or unfair or otherwise inequitable treatment of students or staff on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a).

"Educational activities and programs" means all activities and programs conducted, sponsored, or permitted by the school during the school day, after regular school hours, on weekends, or during the summer months.

"Educational equity" means a cohesive set of policies, programs, and practices that emphasizes high expectations and achievement patterns, and ensures equitable access to educational opportunity for all learners, including students and teachers.

"Equitable educational opportunity" means the creation of environments that enable the provision of a thorough and efficient education as defined by the NJSLS, differentiated instruction, formative assessments aligned to the NJSLS, and high expectations for teaching and learning in a school district; when the curriculum is designed to enable students to learn and develop an understanding of the events and major contributions by people and groups of people that have shaped and continue to shape the United States of America and the global society; when prejudice and other forms of discrimination have been eliminated in the school district's policies, practices, and curricula, as evidenced through the narrowing of the opportunity gap; and when all students and staff enjoy equitable access to all programs and benefits provided by, or offered within, the school district.

"Equity" means all students have the opportunity to master the goals of the curriculum in an educational environment that is fair, just, and impartial to all individuals. Equity focuses on consistent and systematic access for all students to curriculum, resources, instruction, and environments that sustain opportunities for excellent outcomes.

"Formative assessments" means classroom assessments aligned to the NJSLS administered on an ongoing basis to inform instruction and monitor student progress.

"Gender identity or expression" means having or being perceived as having a gender-related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.

"Multicultural curriculum" means to incorporate throughout the curriculum the experiences, perspectives, and accomplishments of persons of diverse racial and cultural backgrounds, ethnicities, and national origins that comprise the American society. It also means to develop among students a respect for self and others, an appreciation of diversity, and the acquisition of attitudes, skills, and knowledge needed to function effectively with persons of diverse cultures.

"Opportunity gap" means the difference in access to educational activities and programs as a result of membership in one or more of the protected categories listed at N.J.A.C. 6A:7-1.1(a).

"Prejudice" means feelings, opinions, attitudes, or perceptions that produce disparate educational or hiring treatment of, or have adverse educational or hiring impact upon, any person or group of persons on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a).

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

N.J. Admin. Code § 6A:7-1.4 Responsibilities of the district board of education

(a) Each district board of education shall adopt and implement written educational equity policies that:

Recognize and value the diversity of persons and groups within the community and promote the acceptance of persons of diverse backgrounds regardless of the protected categories listed at N.J.A.C. 6A:7-1.1(a); and
Promote equitable educational opportunity and foster through the policies, programs, and practices of the district board of education a learning environment that is free from all forms of prejudice, discrimination, and harassment based upon the protected categories listed at N.J.A.C. 6A:7-1.1(a).

(b) The district board of education shall inform the school community of its policies in a manner including, but not limited to, the school district's customary methods of information dissemination.

(c) Each district board of education shall develop, once every three years, a comprehensive equity plan that shall identify and correct all discriminatory and inequitable educational policies, patterns, programs, and practices affecting its facilities, programs, students, and staff.

Prior to developing the comprehensive equity plan, the district board of education shall assess the school district's needs for achieving equity in educational activities and programs based on an analysis of data including, but not limited to, National Assessment of Educational Progress and State assessment results, preschool-through-grade-12 promotion/retention data, preschool-through-grade-12 completion rates, and re-examination and re-evaluation of classification and placement of students in special education programs if there is overrepresentation within the protected categories listed at N.J.A.C. 6A:7-1.1(a); staffing practices; student demographic data; attendance data; quality of program data; the Federally mandated Civil Rights Data Collection; student access to educational activities and programs; discipline, graduation rate, and postsecondary enrollment; student, staff, and community member interviews; enrollment and scoring in advanced classes; teacher workforce diversity; and stakeholder satisfaction data. The needs assessment shall identify discriminatory practices and other barriers to achieving equity in educational activities and programs, if applicable.
The comprehensive equity plan shall address:

i. Professional development, pursuant to N.J.A.C. 6A:7-1.6; and

ii. Equity in school and classroom practices, educational activities, and programs pursuant to N.J.A.C. 6A:7-1.7.

The comprehensive equity plan shall include measurable and actionable goals, objectives, timelines, and benchmarks for measuring progress.
The district board of education shall submit the comprehensive equity plan to the executive county superintendent for confirmation of completion.

i. If the executive county superintendent determines that the comprehensive equity plan is not complete, the district board of education shall revise the plan in accordance with the executive county superintendent's instructions and shall submit to the executive county superintendent the revised plan within 30 days of the notification of incompletion.

(d) Each district board of education shall submit to the executive county superintendent at the end of each school year a statement of assurance regarding achieving the objectives of the comprehensive equity plan. The chief school administrator also shall certify in the statement of assurance to the following:

The school district will continue to maintain compliance with N.J.A.C. 6A:7; Titles VI and VII of the Civil Rights Act of 1964; the Guidelines for the Desegregation of Public Schools in New Jersey; and the Rehabilitation Act of 1973 (29 U.S.C. § 794);
The school district will perform all required activities as provided for in this chapter and annually report such assurances to the district board of education;
The school district will continue to implement its comprehensive equity plan; and
The school district has evaluated the comprehensive equity plan for effectiveness and has submitted a revised comprehensive equity plan to the executive county superintendent, if necessary.
The district board of education will provide a resolution approving the affirmative action officer for each school year of the three-year comprehensive plan.

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

N.J. Admin. Code § 6A:7-1.5 Affirmative action officer

(a) Each district board of education annually shall designate a member of its staff as the affirmative action officer and form an affirmative action team to coordinate and implement the chapter's requirements. Each district board of education shall ensure all stakeholders know who the affirmative action officer is and how to contact the affirmative action officer.

The affirmative action officer shall have a New Jersey standard certificate with an administrative, instructional, or educational services endorsement, pursuant to N.J.A.C. 6A:9B, State Board of Examiners and Certification.
The affirmative action officer shall:

i. Coordinate the required professional development training for all personnel, pursuant to N.J.A.C. 6A:7-1.6;

ii. Notify all students and employees of the school district's grievance procedures for handling discrimination complaints;

iii. Ensure the school district's grievance procedures, including investigative responsibilities and reporting information, are followed; and

iv. Serve as a member of the affirmative action team.

The affirmative action officer may also serve as the school district's Title IX coordinator;
The affirmative action team shall:

i. Include, to the extent possible, members who represent the diversity of the school district's student population;

ii. Develop the comprehensive equity plan, pursuant to N.J.A.C. 6A:7-1.4(c);

iii. Oversee the implementation of the school district's comprehensive equity plan, pursuant to N.J.A.C. 6A:7-1.4(c);

iv. Collaborate on coordination of the required professional development training for all personnel, pursuant to N.J.A.C. 6A:7-1.6;

v. Monitor the implementation of the comprehensive equity plan; and

vi. Conduct the annual school district internal monitoring to ensure continuing compliance with State and Federal statutes governing educational equity, pursuant to N.J.A.C. 6A:7-1.4(d).

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

N.J. Admin. Code § 6A:7-1.6 Professional development

(a) Each district board of education shall provide, on a continuing basis, professional development training for all school personnel to identify and resolve problems associated with the student achievement and opportunity gaps and other inequities on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a).

The professional development training shall be differentiated based on staff position type and shall be based on the analysis of data conducted pursuant to N.J.A.C. 6A:7-1.4(c)1.
The district board of education shall ensure that parents and other community members are aware of professional development training provided to school district personnel regarding topics around equity.
The district board of education shall ensure all new personnel are provided within the first 90 days of employment with professional development training on educational equity issues.

(b) The Commissioner or the Commissioner's designee shall provide technical assistance to school districts for the development of policy guidelines, procedures, and in-service training for affirmative action officers to aid in the elimination of prejudice on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a).

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

N.J. Admin. Code § 6A:7-1.7 Equity in school and classroom practices

(a) Each district board of education shall provide all students with equitable and bias-free access to all school facilities, courses, programs, activities, and services, regardless of the protected categories listed at N.J.A.C. 6A:7-1.1(a), by:

Ensuring barrier-free access to all school and classroom facilities;

Attaining, within each school, minority representation that approximates the school district's overall minority representation. Exact apportionment is not required; the ultimate goal is a reasonable plan achieving the greatest degree of a representative balance that is feasible and consistent with sound educational values and procedures;

Utilizing, on an annual basis, a State-approved English language proficiency assessment that evaluates a student's English language proficiency on the four domains of listening, speaking, writing, and reading for determining the eligibility and placement of students who may be identified as multilingual learners, pursuant to N.J.A.C. 6A:15-1.3(a)3;
Utilizing bias-free multiple measures for determining the special needs of students with disabilities, pursuant to N.J.A.C. 6A:14-3.4;
Ensuring support services, including intervention and referral services and school health services, pursuant to N.J.A.C. 6A:16, are available to all students; and
Ensuring a student is not discriminated against because of a medical condition. A student shall not be excluded from any education program or activity because of a long-term medical condition unless a physician certifies such exclusion is necessary.

i. If excluded, the student shall be provided with equivalent and timely instruction that may include home instruction, without prejudice or penalty.

(b) Each district board of education shall ensure the school district's curriculum and instruction are aligned to the New Jersey Student Learning Standards (NJSLS). The district board of education also shall ensure its curriculum and instruction address the elimination of discrimination by narrowing the achievement and opportunity gaps, by providing equity in educational activities and programs, and by providing opportunities for students to interact positively with others regardless of the protected categories listed at N.J.A.C. 6A:7-1.1(a), by:

Ensuring there are no differential requirements for completion of course offerings or programs of study solely on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a);
Ensuring courses shall not be offered separately on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a);

i. Portions of classes that deal exclusively with human sexuality may be conducted in separate developmentally appropriate sessions based on gender identity, provided the course content for such separately conducted sessions is the same;

Increasing and promoting equitable representation of all students in all classes and programs;
Ensuring schools demonstrate the inclusion of a multicultural curriculum in its instructional content, materials, and methods, and ensuring students understand the basic tenet of multiculturalism;
Ensuring the Amistad Commission Curriculum is infused into the curriculum and is taught;
Ensuring the Commission on Holocaust Education curriculum is included in the curriculum of all elementary and secondary schools, as developmentally appropriate, pursuant to N.J.S.A. 18A:35-28; and
Ensuring that all curricular requirements pursuant to N.J.A.C. 6A:8 and the NJSLS are taught, including any curriculum developed concerning any of the protected categories listed at N.J.A.C. 6A:7-1.1(a) or curriculum developed by any commissions constituted for the development of curriculum concerning any of the protected categories listed at N.J.A.C. 6A:7-1.1(a).

(c) The district board of education shall ensure all students have access to adequate and appropriate counseling services.

When informing students about possible careers or professional or vocational opportunities, the district board of education shall not restrict or limit the options presented to students on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a).
The district board of education shall not use tests or guidance or counseling materials that are biased or stereotyped on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a).

(d) The district board of education shall ensure the school district's physical education is in a coeducational setting that is developmentally appropriate and does not discriminate on the basis of the protected categories listed at N.J.A.C. 6A:7-1.1(a) as follows:

The district board of education shall provide separate restroom, locker room, and shower facilities on the basis of gender, but such facilities provided for students of each gender shall be comparable;
A school district may choose to operate separate teams based on sex in one or more sports or single teams open competitively to members of all sexes, as long as the athletic program as a whole provides equal opportunities for students of all sexes to participate in sports at comparable levels of difficulty and competency; and
The activities comprising such athletic programs shall receive equitable treatment, including, but not limited to, staff salaries, purchase and maintenance of equipment, quality and availability of facilities, scheduling of practice and game time, length of season, and all other related areas or matters.

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

N.J. Admin. Code § 6A:7-1.8 Accountability

(a) The district board of education's obligation to be accountable for the chapter's requirements is not precluded or alleviated by any rule or regulation of any recreational organization, club, athletic association, or other league or organizing group.

(b) Each school district shall complete a comprehensive equity plan that includes a cohesive set of policies, programs, and practices that ensure high expectations, positive achievement patterns, and equitable access to educational opportunities for all learners, including students and teachers.

An assessment of the school district's needs for achieving equity in educational activities and programs. The assessment shall include staffing practices, quality-of-program data, stakeholdersatisfaction data, and student assessment data disaggregated by gender, race, ethnicity, multilingual learner status, homeless status, special education, migrant, date of enrollment, student suspension, expulsion, child study team referrals, preschool-through-grade-12 promotion/retention data, preschool-through-grade-12 completion rates, attendance data, and re-examination and re-evaluation of classification and placement process of students in special education programs if there is disproportionality within certain groups;
A description of how other Federal, State, and school district policies, programs, and practices are aligned to the comprehensive equity plan;
Progress targets for closing the achievement and opportunity gaps;
Professional development targets regarding the knowledge and skills needed to provide a thorough and efficient education as defined by the New Jersey Student Learning Standards (NJSLS), differentiated instruction, and formative assessments aligned to the NJSLS and professional standards for teachers and school leaders; and
Annual targets that address school district needs in equity in school and classroom practices and are aligned to professional development targets.

(d) The district board of education shall implement the comprehensive equity plan within 60 days of the executive county superintendent's certification of completion.

(e) If the district board of education does not implement the comprehensive equity plan within 60 days of the executive county superintendent's certification of completion date, or fails to report its progress annually, sanctions deemed to be appropriate by the Commissioner or the Commissioner's designee shall be imposed. Sanctions may include action to suspend, terminate, or refuse to award continued Federal or State financial assistance, pursuant to N.J.S.A. 18A:55-2.

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

N.J. Admin. Code § 6A:7-1.9 Reserved

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

N.J. Admin. Code § 6A:7-1.10 Reserved

History

Amended by 48 N.J.R. 590(b), effective 4/4/2016

Chapter 8 STANDARDS AND ASSESSMENT

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:8-1.1 Purpose

(a) To prepare students for college and career, success in life, and work in an economy driven by information, knowledge, and innovation requires a public education system where teaching and learning are aligned with 21st century learning outcomes. The outcomes move beyond a focus on basic competency in core subjects and foster a deeper understanding of academic content at much higher levels by promoting critical thinking, problem solving, and creativity through:

The New Jersey Student Learning Standards (NJSLS) that specify expectations in nine academic content areas: English language arts; mathematics; visual and performing arts; comprehensive health and physical education; science; social studies; world languages; technology; and 21st century life and careers;
Indicators at benchmark grade levels delineated in the standards that further clarify expectations for student achievement; and
Twenty-first century themes and skills integrated into all content standards areas.

(b) District boards of education shall ensure that standards, assessments, curriculum, instruction, and professional development are aligned in a local support system that enables all students to achieve 21st century outcomes through the establishment of student-centered learning environments that provide opportunities for academically diverse students to:

Learn in meaningful, real-world contexts through rigorous and relevant curriculum that promotes engagement in learning by addressing varying college and career goals;
Access and use quality learning tools, technologies, and resources;

Become self directed seekers of knowledge able to evaluate, apply, and create new knowledge in varying contexts; and

Use effective communication, communication technology, and collaboration skills to interact with cultural sensitivity in the diverse local and world community.

(c) The NJSLS, including indicators, enable district boards of education to establish curriculum and instructional methodologies for the purpose of providing students with the constitutionally mandated system of "thorough" public school instruction that promotes college and career readiness.

(d) The Statewide assessment system is designed to measure college and career readiness and student progress in the attainment of the NJSLS.

(e) The results of the Statewide assessments shall facilitate program evaluation based on student performance and shall enable district boards of education, the public, and government officials to evaluate the educational delivery systems of all public schools.

History

Amended by R.2002 d.357, effective 11/4/2002.
See: 34 N.J.R. 2916(a), 34 N.J.R. 3804(a).
In (c), inserted "is designed to" preceding "measure".
Amended by R.2003 d.430, effective 11/3/2003.
See: 35 N.J.R. 2551(a), 35 N.J.R. 5077(a).
In (a), substituted "progress indicators at benchmark grade levels" for "progress indicators at the benchmark grades of four, eight, and 11-12" following "cumulative" and deleted 3.
Amended by R.2005 d.213, effective 7/5/2005.
See: 37 N.J.R. 833(a), 37 N.J.R. 2487(a).
In (a), rewrote 1.
Amended by R.2009 d.234, effective 7/20/2009.
See: 41 N.J.R. 1302(a), 41 N.J.R. 2779(c).
Rewrote (a); added new (b); and recodified former (b) through (d) as (c) through (e).
Amended by R.2013 d.144, effective 12/16/2013.
See: 45 N.J.R. 1323(a), 45 N.J.R. 2545(a).
In the introductory paragraph of (a), inserted "college and career", deleted "future education," following "life,", and substituted "The" for "These"; rewrote (a)1 and (a)3; in (a)2, substituted "Indicators" for "Cumulative progress indicators"; in (b)1, substituted "real-world" for "real world", and substituted "college and career" for 'postsecondary"; in (c), deleted "cumulative progress" following "including", and inserted "that promotes college and career readiness"; and in (d), inserted "college and career readiness and".
Petition for Rulemaking.
See: 47 N.J.R. 733(a), 913(b), 2310(b).
Administrative change.
See: 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:8-1.2 Scope

(a) The New Jersey Student Learning Standards (NJSLS) apply to all students enrolled in public elementary, secondary, and adult high school education programs within the State of New Jersey.

(b) Unless otherwise noted, "district boards of education" shall be interpreted throughout this chapter to include the governing authorities of all providers of publicly funded elementary, secondary, and adult high school education programs, including county vocational school districts; educational services commissions; jointure commissions; charter schools; alternative schools; regional day schools; adult high schools; county special services school districts; the Marie H. Katzenbach School for the Deaf; the Department of Human Services; the Department of Children and Families; the Department of Corrections; the Juvenile Justice Commission; public college-operated programs; and approved private schools for the disabled.

(c) District boards of education shall align their curriculum and instructional methodologies to assist all students in achieving the NJSLS and to prepare all students for college and career.

(d) Progress toward meeting the NJSLS shall be measured by the Statewide assessment system at grades three through 12, or if ungraded at equivalent ages, and at other grade(s) deemed appropriate by the Commissioner.

History

Amended by 48 N.J.R. 1790(b), effective 9/6/2016

N.J. Admin. Code § 6A:8-1.3 Definitions

The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise.

"Accommodations or modifications to the Statewide assessment system" means changes in testing procedures or formats that provide students with disabilities and multilingual learners (MLs) an equitable opportunity to participate in assessment and demonstrate their knowledge and skills in the areas assessed.

"ACTFL" means the American Council on the Teaching of Foreign Languages.

"Adult education assessment test" means a test approved by the United States Department of Education that is used to award a State-issued high school diploma.

"Advanced Placement courses" means courses aligned with course descriptions provided by the College Board and intended to provide students with the opportunity to complete college-level studies during secondary school.

"All students" means every student enrolled in public elementary, secondary, and adult high school education programs within the State of New Jersey, including general education students, students with disabilities, and multilingual learners (MLs).

"Alternative State assessment for students with disabilities" means the alternative assessment used to determine cumulative student achievement of the knowledge and skills specified by the New Jersey Student Learning Standards for students with disabilities who are unable to participate in the Statewide assessment system.

"Annual measurable objectives" or "AMOs" means the performance targets set by New Jersey in the Elementary and Secondary Education Act (ESEA) flexibility waiver approved by the United States Department of Education.

"Approved private schools for the disabled" means incorporated entities approved by the Department according to N.J.A.C. 6A:14-7.2 or 7.3 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.

"Assessment" means a State-developed or State-approved standardized instrument or process that measures student performance levels on the New Jersey Student Learning Standards.

"Career awareness, exploration, and preparation" means instruction and programs that assist students to clarify career goals; explore career possibilities; develop employability skills; develop foundational knowledge necessary for success in the workplace; and make the transition from school to careers, including college, training, and employment.

"Career and technical education" means as defined in N.J.A.C. 6A:19-1.2.

"Charter school" means as defined in N.J.A.C. 6A:11-1.2. "Chief school administrator" means the superintendent of schools or the administrative principal who works directly with the district board of education if there is no superintendent in the school district.

"CLEP" means College-Level Examination Program, which enables students to receive college credit by earning qualifying scores on examinations that are offered by the College Board and cover material taught in courses most students take as requirements in the first two years of college. A college usually grants the same amount of credit to students earning satisfactory scores on the CLEP examination as it grants to students successfully completing the course.

"Content equivalent" means courses or activities that include the same or equivalent knowledge and skills as found in traditionally titled courses that are required for high school graduation and are aligned with the New Jersey Student Learning Standards. The content must be taught by certified teachers, may be integrated in one or more courses, may be titled differently, or may present material in an interdisciplinary or spiral format.

"Credit" means the award for the equivalent of a class period of instruction, which meets for a minimum of 40 minutes, one time per week during the school year or as approved through N.J.A.C. 6A:8-5.1(a)2.

"Cut score" means a score on the assessment scales that demarcates the various performance levels.

"English language development standards" means as defined in N.J.A.C. 6A:15-1.2.

"Evaluation," formerly called "monitoring," means the process by which the Commissioner or his or her designee evaluates the status of each school district or charter school. "504 plan" means a written educational plan prepared by the 504 team for a 504 student.

"504 student" means a student who has a physical or mental impairment that substantially limits a major life function; has been determined eligible for services, including accommodations and modifications by the school district's 504 team; and has a 504 plan.

"504 team" means a group of persons that makes program and placement decisions according to Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794., and 34 CFR § 104.35(c).

"GED" means tests of General Educational Development taken in order to qualify for a State-issued high school diploma.

"Gifted and talented students" means students who possess or demonstrate high levels of ability in one or more content areas when compared to their chronological peers in the local school district and who require modifications of their educational program if they are to achieve in accordance with their capabilities.

"IEP" means individualized education program as defined in N.J.A.C. 6A:14-1.3.

"IEP team" means as defined in N.J.A.C. 6A:14-1.3.

"Indicator" means statements that further delineate the NJSLS.

"Individualized student learning opportunities" means student experiences based upon specific instructional objectives that meet or exceed the NJSLS at the high school level. Such opportunities may occur in all NJSLS and may include, but are not limited to, independent study; online learning; study-abroad programs; student exchange programs; and structured learning experiences, including, but not limited to, work-based programs, internships, apprenticeships, and service learning experiences. The opportunities shall be based on student interests and career goals.

"Instructional adaptation" means an adjustment or modification to instruction enabling students with disabilities, MLs, or students in alternative education programs or who are gifted and talented to participate in, benefit from, and/or demonstrate knowledge and application of the NJSLS.

"Interdisciplinary connections" means integrating NJSLS and skills from one or more content areas into instruction and assessment of another content area.

"Laboratory/inquiry-based science course" means a course in which students are systematically provided with ongoing opportunities to use data drawn from or to interact directly with the natural and designed/engineered world, using tools, data collection techniques, models, and scientific concepts and principles. "Magnet program" means a distinctive program designed to:

Attract students by offering a specialized curriculum based on a special theme or method of instruction; and

Substantially strengthen the knowledge of academic subjects and the attainment of tangible and marketable vocational, technological, and professional skills of students attending the program.

"ML" means multilingual learner, indicating a person who is in the process of acquiring English and has a first language other than English. MLs sometimes are referred to as English language learners (ELL) or limited English proficient (LEP).

"MOPI" means the ACTFL Modified Oral Proficiency Interview, which is a standardized assessment of functional speaking ability often used to test lower proficiency ranges.

"New Jersey Student Learning Standards" or "NJSLS" means standards adopted by the State Board of Education on May 1, 1996, and as thereafter revised by the State Board, and the Common Core State Standards adopted by the State Board on June 16, 2010, and as thereafter revised by the State Board, that describe the knowledge and skills all New Jersey students are expected to acquire by benchmark grades in the following areas: English language arts; mathematics; science; social studies; visual and performing arts; comprehensive health and physical education; world languages; technology; and 21st career life and careers. The standards are established for the provision of a thorough and efficient education pursuant to N.J.S.A. 18A:7F-46 and as a basis for the evaluation of school districts in accordance with N.J.A.C. 6A:30.

"Native language" means the language or mode of communication first learned by the student. "OPI" means the ACTFL Oral Proficiency Interview, which is a standardized assessment of functional speaking ability currently available in 37 world languages.

"Pacing guide" means a schedule that includes aligned concepts, topics and skills related to a particular curriculum to be addressed over a defined period of time. It is not a prescriptive, lock-step set of lesson plans that impede an educator's ability to exercise flexibility in meeting students' learning needs.

"PARCC assessment" means the set of assessments designed by the Partnership for Assessment of Readiness for College and Careers that was used from the 2014-2015 through 2017-2018 school years to determine student achievement of knowledge and skills specified by the NJSLS in English language arts and mathematics.

"Performance level" means one of several categories describing student proficiency with regard to the achievement of the NJSLS.

"Personalization" means enabling students to build and strengthen relationships with peers, teachers, other staff members, families, and the community at large through multiple strategies that promote engagement and high expectations based on individual interests and aptitudes, and that are conducive to successful teaching and learning experiences.

"Personalized Student Learning Plan" means a formalized plan and process that involves students setting learning goals based on personal, academic, and career interests, beginning in the middle school grades and continuing throughout high school with the close support of adult mentors, including teachers, counselors, and parents.

"Portfolio appeals process" means an alternative assessment of proficiency for graduation established by the Commissioner, pursuant to N.J.S.A. 18A:7C-3, utilizing techniques and instruments other than PARCC English language arts (ELA) 10 or Algebra I assessments, the State graduation proficiency test, or substitute competency tests.

"Professional development" means a comprehensive, sustained, and intensive approach to improving the effectiveness of teachers, principals, and other school personnel in raising student achievement.

"Proficient" or "proficiency" means a student-achieved score at or above the cut score, which demarks a solid understanding of the content measured by an individual section of any State assessment.

"QSAC" means the Quality Single Accountability Continuum, which is used pursuant to N.J.A.C. 6A:30 to review and evaluate school district operations.

"Rehabilitation Act" means the Federal Rehabilitation Act of 1973, 29 U.S.C. §§ 701. et seq., as amended in 1992.

"Service learning experience" means a method that allows students or participants to learn and develop through active participation in thoughtfully organized activities that are conducted in and meet the needs of a community, and that help foster civic responsibility. Service learning experiences shall be coordinated with the community and with an elementary or secondary school, institution of higher education, or community-services program; shall be integrated into and enhance the school district's academic curriculum; and shall provide structured time for students to reflect on the service experience.

"STAMP" means Standards-based Measurement of Proficiency, which is a test that is delivered, graded, and reported online, and that assesses students' language proficiency from the "Novice-Low" to the "Intermediate-Mid" benchmark levels.

"Standards support materials" means documents published by the Department that include and elaborate on the NJSLS for preschool through grade 12 education, and that may assist in the development of local curricula.

"State Board" means the New Jersey State Board of Education.

"State-endorsed diploma" means a locally-issued document awarded to an exiting student indicating successful completion of high school graduation requirements.

"State graduation proficiency test" means a Statewide assessment that is aligned, at a minimum, to the New Jersey Student Learning Standards (NJSLS) for ELA 10, Algebra I, and Geometry, and administered pursuant to N.J.S.A. 18A:7C-1, 2, 3, 4, 6, and 6.1. For students eligible to utilize the alternative means in accordance with N.J.A.C. 6A:8-5.1(g)1 to meet the graduation assessment requirement, the State graduation proficiency test shall also include the substitute competency test, which is an alternative set of third-party assessments approved by the Commissioner that may include, but are not limited to, the SAT, PSAT, ACT, ACT-Aspire, Armed Services Vocational Aptitude Battery-Armed Forces Qualifying Test (ASVAB-AFQT), or Accuplacer.

"State-issued high school diploma" means a diploma issued by the State of New Jersey. "State Seal of Biliteracy" means the designation established pursuant to P.L. 2015, c. 303, to recognize high school graduates who have attained a high level of interpretive, interpersonal, and presentational proficiency in one or more languages in addition to English.

"Structured learning experience" means as defined in N.J.A.C. 6A:19-1.2.

"Study abroad programs" means programs that enable New Jersey students to attend a high school in another country for a semester or full academic year to acquire academic and cross-cultural skills that will help them live and work in a globally interdependent world.

"Substitute competency test" means, for students in the classes of 2018 through 2022, an alternative set of third-party assessments approved by the Commissioner, including, but not limited to, the SAT, PSAT, ACT, ACT-Aspire, Armed Services Vocational Aptitude Battery-Armed Forces Qualifying Test (ASVAB-AFQT), or Accuplacer, that can be used to demonstrate competency in the NJSLS for students who have not demonstrated proficiency on PARCC ELA 10 or Algebra I assessments or the ELA or mathematics components of the State graduation proficiency test.

"Technological literacy" means students meeting NJSLS 8.1 Educational Technology, obtained through the integration of effective educational technology practices, strategies, and tools throughout all curricular areas.

"Transcript" means a document for all students exiting the public education system that describes a student's progress toward achievement of the NJSLS and other relevant experiences and achievements.

"Twenty-first century careers" means careers and occupations that have been impacted by technological and global forces and are in an ongoing state of reinvention due to technological advances and e-commerce.

"Twenty-first century themes and skills" means themes such as global awareness; financial, economic, business, and entrepreneurial literacy; civic literacy; health literacy; learning and innovation skills, including creativity and innovation, critical thinking and problem solving, and communication and collaboration; information, media, and technology skills; and life and career skills, including flexibility and adaptability, initiative and self-direction, social and cross-cultural skills, productivity and accountability, and leadership and responsibility.

History

Amended by 48 N.J.R. 1790(b), effective 9/6/2016

Subchapter 2 THE NEW JERSEY STUDENT LEARNING STANDARDS

N.J. Admin. Code § 6A:8-2.1 Authority for educational goals and standards

(a) The State Board of Education is responsible for establishing State educational goals and standards according to P.L. 1990, c. 52, P.L. 1991, c. 3, and P.L. 1991, c. 62.

In June 2009, the State Board adopted revised CCCS and associated indicators in visual and performing arts, comprehensive health and physical education, science, technology, 21st century life and careers, and world languages.
In September 2009, the State Board adopted revised CCCS and associated indicators in social studies.
In June 2010, the State Board adopted revised CCCS and associated indicators reflecting the Common Core State Standards for English language arts and mathematics.
The State Board on or before May 2008 initiated a review and readoption process for the CCCS and the Preschool Teaching and Learning Expectations: Standards of Quality. The process will be repeated every five years thereafter, based on recommendations by the Commissioner according to the following procedure:

i. The Commissioner shall convene an advisory panel of public school educators, higher education representatives, business representatives, and other citizens, to review and, if necessary, to recommend modifications to the NJSLS and the associated indicators within a scheduled period of time established by the Commissioner.

ii. The Commissioner shall present to the State Board for consideration at a public meeting any recommended revision(s) to the NJSLS and the associated indicators.

iii. Advanced notice(s) of the State Board meeting at which the recommended NJSLS will be considered shall be published in the New Jersey Register.

iv. The State Board will conduct public hearings on the Commissioner's recommendations at dates, times, and locations announced in the New Jersey Register.

v. Upon State Board adoption, the Commissioner shall publish and distribute to district boards of education and the general public the revised NJSLS.

History

Amended by R.2001 d.182, effective 6/4/2001.
See: 33 N.J.R. 943(a), 33 N.J.R. 1912(a).
In (a), added a new 3, recodified former 3 as 4 and inserted "and the Early Childhood Education Program Expectations: Standards of Quality" following "Disabilities".
Amended by R.2002 d.357, effective 11/4/2002.
See: 34 N.J.R. 2916(a), 34 N.J.R. 3804(a).
Rewrote (a)2.
Amended by R.2005 d.213, effective 7/5/2005.
See: 37 N.J.R. 833(a), 37 N.J.R. 2487(a).
Rewrote the section.
Amended by R.2009 d.234, effective 7/20/2009.
See: 41 N.J.R. 1302(a), 41 N.J.R. 2779(c).
Added new (a)5; recodified former (a)5 as (a)6; and in the introductory paragraph of (a)6, substituted "initiated" for "will initiate".
Amended by R.2013 d.144, effective 12/16/2013.
See: 45 N.J.R. 1323(a), 45 N.J.R. 2545(a).
Public Notice: Public Meeting and Public Hearings--Draft Revisions to the Core Curriculum Content Standards.
See: 46 N.J.R. 883(b), 1719(b).
See: 48 N.J.R. 337(b).
Administrative change.
See: 48 N.J.R. 1802(a).
Public Notice: Public Meeting and Public Hearings--Draft Revisions to the New Jersey Student Learning Standards.
See: 51 N.J.R. 1807(a).
Public Notice: Public Hearings--Draft Revisions to the New Jersey Student Learning Standards.
See: 52 N.J.R. 72(b).

N.J. Admin. Code § 6A:8-2.2 Authority for the State Plan for Career and Technical Education

(a) The State Board shall serve as required by P.L. 109-270 and designated by N.J.S.A. 18A:59-5 as the sole agency responsible for the administration of the State Plan for Career and Technical Education and the legally constituted State Board for Career and Technical Education.

(b) The State Board will be guided by the NJSLS and, particularly, Standard 8: Technology and Standard 9: 21st Century Life and Careers, in developing the State Plan for Career and Technical Education required under P.L. 109-270.

History

Amended by R.2002 d.357, effective 11/4/2002.
See: 34 N.J.R. 2916(a), 34 N.J.R. 3804(a).
In (a)5vi, amended the N.J.A.C. reference.
Amended by R.2005 d.213, effective 7/5/2005.
See: 37 N.J.R. 833(a), 37 N.J.R. 2487(a).
Rewrote the section.
Amended by R.2013 d.144, effective 12/16/2013.
See: 45 N.J.R. 1323(a), 45 N.J.R. 2545(a).
Section was "Authority for the State Plan for Vocational Education". Rewrote the section.
Administrative change.
See: 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:8-2.3 Reserved

History

Recodified from N.J.A.C. 6:19-3.1 and amended by R.2001 d.182, effective 6/4/2001.
See: 33 N.J.R. 943(a), 33 N.J.R. 1912(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:8-2.4 and amended by R.2005 d.213, effective 7/5/2005.
See: 37 N.J.R. 833(a), 37 N.J.R. 2487(a).
Rewrote (a); added (b). Former N.J.A.C. 6A:8-2.3, Authority for the registration and related classroom instruction of apprenticeship programs, repealed.
Repealed by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Section was "Authority for requirement to establish early childhood education programs".

N.J. Admin. Code § 6A:8-2.4 Reserved

History

Recodified to N.J.A.C. 6A:8-2.3 by R.2005 d.213, effective 7/5/2005.
See: 37 New Jersey Register 833(a), 37 New Jersey Register 2487(a).
Section was "Authority for requirement to establish early childhood education programs".

Subchapter 3 IMPLEMENTATION OF THE NEW JERSEY STUDENT LEARNING STANDARDS

N.J. Admin. Code § 6A:8-3.1 Curriculum and instruction

(a) District boards of education shall ensure that curriculum and instruction are designed and delivered in such a way that all students are able to demonstrate the knowledge and skills specified by the NJSLS and shall ensure that appropriate instructional adaptations are designed and delivered for students with disabilities, for MLs, for students enrolled in alternative education programs, and for students who are gifted and talented.

The Department shall provide district boards of education with Standards support materials that suggest a variety of activities and strategies that may assist in the development of local curricula aligned with the NJSLS.
District boards of education shall encourage the active involvement of representatives from the community, business, industry, labor, and higher education in the development of educational programs aligned with the NJSLS.
District boards of education shall be responsible for assessing and publicly reporting on the progress of all students in developing the knowledge and skills specified by the NJSLS, including civics, financial literacy, and all content areas not currently included in the Statewide assessment program.
District boards of education shall provide all students with disabilities an educational program aligned with the NJSLS, as well as the required individualized accommodations, instructional adaptations, and/or modifications as specified in a student's IEP or 504 plan.
District boards of education shall be responsible for identifying gifted and talented students and shall provide them with appropriate instructional adaptations and services.

i. District boards of education shall make provisions for an ongoing K-12 identification process for gifted and talented students that includes multiple measures.

ii. District boards of education shall provide appropriate kindergarten-through-grade-12 (K-12) educational services for gifted and talented students.

iii. District boards of education shall develop appropriate curricular and instructional modifications used for gifted and talented students indicating content, process, products, and learning environment.

iv. District boards of education shall take into consideration the Pre-K-Grade 12 Gifted Programming Standards of the National Association for Gifted Children in developing programs for gifted and talented students.

District boards of education shall actively assist and support professional development for teachers, educational services staff, and school leaders, including their efforts to meet mandatory professional development requirements specified in N.J.A.C. 6A:9-15 and 16.

i. District boards of education shall facilitate the development and implementation by school leaders of professional growth plans aligned with the requirements set forth at N.J.A.C. 6A:9.

District boards of education shall be responsible for developing for MLs English language assistance programs that are aligned to the NJSLS and the English language development standards.

(b) District boards of education shall be responsible for the delivery of educational programs at the elementary and secondary levels using a coherent sequence of activities to prepare all students for college and careers upon their graduation. Examples of such programs include, but are not limited to, academic programs, career and technical education programs, and/or magnet programs.

District boards of education shall implement educational programs that prepare all students for success in college and careers, including the kindergarten through grade eight development of academic skills integral to success in high school courses.
District boards of education of school districts that include students in at least two of the grades from six through 12 shall develop opportunities for personalization that strengthen relationships among students, teachers, staff members, families, and the larger community for students in grades six through 12.

(c) District boards of education shall be responsible for the review and continuous improvement of curriculum and instruction based upon changes in knowledge, technology, assessment results, and modifications to the NJSLS, according to N.J.A.C. 6A:8-2.

District boards of education shall include interdisciplinary connections throughout the K-12 curriculum.
District boards of education shall integrate into the curriculum 21st century themes and skills.
District boards of education shall provide the time and resources to develop, review, and enhance inter-disciplinary connections, supportive curricula, and instructional tools for helping students acquire required knowledge and skills. The tools include, but are not limited to:

i. A pacing guide;

ii. A list of core instructional materials, including various levels of texts at each grade level;

iii. Benchmark assessments; and

iv. Modifications for special education students, for MLs in accordance with N.J.A.C. 6A:15, for students at risk of school failure, and for gifted students.

(d) District boards of education shall establish procedures whereby any student whose parent or guardian presents to the school principal a signed statement that any or part of the instruction in health, family life education, or sex education is in conflict with his or her conscience or sincerely held moral or religious beliefs shall be excused from that part of the course where such instruction is being given and, pursuant to N.J.S.A. 18A:35-4.7, no penalties shall result.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:8-3.2 Career education and counseling

(a) The Department shall conduct a pilot project and evaluation of Personalized Student Learning Plans beginning in the 2009-2010 school year.

(b) In fulfillment of the NJSLS, district boards of education shall develop and implement a comprehensive and developmental system for the delivery of guidance and academic counseling for all students to facilitate career awareness, exploration, and preparation. The system shall:

Be linked to the NJSLS;
Take into consideration the American School Counselor Association's National Standards for School Counseling Programs;
Be infused throughout the K-12 curriculum as appropriate for all students;
Be supported by professional development programs;
Provide developmental career guidance and academic counseling, linked to the NJSLS, designed to:

i. Assist students in making and implementing informed educational and career choices, including opportunities to change career focus;

ii. Support students' academic attainment, career development, and personal/social development;

iii. Develop students' understanding of the relationships among academic attainment, career development, and personal/social development; and

iv. Encourage students to create and maintain portfolios consisting of student accomplishments including academic and career-oriented work samples that reflect achievement of the NJSLS; and

Allow district boards of education to select the delivery format, which may include:

i. An integrated curriculum that is based on NJSLS 9.1 through 9.4 and provides students the opportunity to acquire information about their career interests and/or take advanced courses linked to their career interests; and/or

ii. Specialized programs that reflect the needs of students and the community.

(c) For students with disabilities beginning at age 14, or younger if determined appropriate by the IEP team, district boards of education shall ensure that career guidance and academic counseling are coordinated with transition services provided in accordance with N.J.A.C. 6A:14-3.7.

(d) District boards of education, in fulfillment of the NJSLS, shall develop and implement curriculum and instructional methods that:

Include the integration of technological literacy, consistent with the NJSLS;
Provide all students with an understanding of the career applications of knowledge and skills learned in the classroom; and
Provide all students with opportunities to apply knowledge and skills learned in the classroom to real or simulated career challenges.

(e) District boards of education, in fulfillment of the NJSLS, shall develop and implement for all students a system of career development activities that:

Offers all students the opportunity to more fully explore career interests within one or more of the Career Clusters identified in the Career and Technical Education Programs and Standards rules at N.J.A.C. 6A:19, that are linked to NJSLS and measured by the Statewide assessment system according to N.J.A.C. 6A:8-4;

Allows district boards of education to select the appropriate format for offering career-development activities based on district resources, community needs, and student interest;
Allows district boards of education to select the delivery format that may include:

i. An integrated curriculum, based on the NJSLS, that provides students the opportunity to acquire information about their career interests and/or take advanced courses linked to their career interests; or

ii. Specialized programs that reflect the needs of students and the community; and

Instills the concept of the need for continuous learning throughout one's life.

(f) District boards of education shall offer all high school students opportunities to more actively explore career interests by participating in structured learning experiences linked to the NJSLS.

Structured learning experiences should give students opportunities to demonstrate and apply a high level of academic attainment and to develop career and personal/social goals.
Interested students may voluntarily select structured learning experiences that are:

i. Co-curricular or extra-curricular activities; and

ii. Taking place within the school district, at a work site, or in the community in accordance with N.J.A.C. 6A:19-6.4.

District boards of education shall ensure students participating in school-sponsored, paid, or unpaid external structured learning experiences:

i. Are supervised by school personnel in accordance with N.J.A.C. 6A:9B-11.19 through 11.22; and

ii. Conform to Federal and State law.

History

Amended by R.2005 d.213, effective 7/5/2005.
See: 37 N.J.R. 833(a), 37 N.J.R. 2487(a).
Rewrote the section.
Amended by R.2009 d.234, effective 7/20/2009.
See: 41 N.J.R. 1302(a), 41 N.J.R. 2779(c).
Added new (a); and recodified former (a) through (d) as (b) through (e).
Amended by R.2013 d.144, effective 12/16/2013.
See: 45 N.J.R. 1323(a), 45 N.J.R. 2545(a).
Administrative change.
See: 46 N.J.R. 1743(a).
See: 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:8-3.3 Enrollment in college courses

(a) District boards of education, pursuant to N.J.S.A. 18A:61C-1, shall make reasonable efforts to increase the availability of college-level instruction for high school students through courses offered by institutions of higher education at their campuses and in high schools. The credits shall be accepted at all public New Jersey higher education institutions pursuant to N.J.S.A. 18A:61C-8.

(b) District boards of education shall determine the eligibility of students to participate in college courses.

(c) District boards of education and partner colleges shall ensure that college courses offered to high school students are:

Equivalent to those offered to regularly admitted college students; and
Accepted toward both college degree and high school graduation requirements.

(d) District boards of education and partner colleges shall ensure that college courses for high school students are taught by college faculty with academic rank. Adjunct faculty and members of the district staff who have a minimum of a master's degree may also be included.

History

Amended by R.2005 d.213, effective 7/5/2005.
See: 37 N.J.R. 833(a), 37 N.J.R. 2487(a).
Rewrote (a); in (c), rewrote 1.
Amended by R.2013 d.144, effective 12/16/2013.
See: 45 N.J.R. 1323(a), 45 N.J.R. 2545(a).
In (a), substituted "The" for "These"; in (c)1, deleted "college courses" following "Equivalent"; and in (c)2, substituted "Accepted" for "College courses accepted".

N.J. Admin. Code § 6A:8-3.4 Reserved

History

New Rule, R.2001 d.182, effective 6/4/2001.
See: 33 N.J.R. 943(a), 33 N.J.R. 1912(a).
Amended by R.2005 d.213, effective 7/5/2005.
See: 37 N.J.R. 833(a), 37 N.J.R. 2487(a).
Rewrote the section.
Repealed by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Section was "Requirements for early childhood education programs".

Subchapter 4 IMPLEMENTATION OF THE STATEWIDE ASSESSMENT SYSTEM

N.J. Admin. Code § 6A:8-4.1 Statewide assessment system

(a) The Commissioner, in accordance with N.J.S.A. 18A:7C-1 et seq., and N.J.S.A. 18A:7E-2 and 3, may implement assessment of student achievement in the State's public schools in any grade(s) and by such assessments as he or she deems appropriate. The Commissioner shall report to the State Board the results of such assessments.

(b) The Commissioner shall implement a system and related schedule of Statewide assessments to evaluate student achievement of the NJSLS.

The Commissioner, with the approval of the State Board, shall define the scope and level of student performance on Statewide assessments that demonstrate thorough understanding of the knowledge and skills delineated by the NJSLS at grade levels three through 12.

After consultation with the Commissioner, the State Board shall establish by resolution uniform Statewide criteria defining adequate school district progress toward meeting the NJSLS.

(c) District boards of education shall, according to a schedule prescribed by the Commissioner, administer the applicable Statewide assessments, including the following major components: the elementary assessment component for grades three through five; the middle school assessment component for grades six through eight, the high school assessment component, and the alternative State assessment for students with disabilities and provide notification to each student entering grades three through 12 of the Statewide assessment schedule.

The Department shall implement the elementary component of the Statewide assessment of the NJSLS consisting of the following:

i. Continued administration of mathematics and English language arts in grades three, four, and five, and of science in grade five.

The Department shall implement the middle school component of the Statewide assessment of the NJSLS consisting of the following:

i. Continued administration of mathematics and English language arts in grades six, seven, and eight, and of science in grade eight.

The Department shall implement a high school component of the Statewide assessment of the NJSLS consisting of, at a minimum, English language arts, mathematics, and science, in accordance with State and Federal law.

(d) Pursuant to (b) and (c) above, all students at grade levels three through 12, and at any other grade(s) designated by the Commissioner pursuant to (a) above, shall take all appropriate Statewide assessments as scheduled.

District boards of education shall provide all appropriate accommodations or modifications to the Statewide assessment system as specified by the Department for MLs and students with disabilities as defined at N.J.A.C. 6A:14-1.3 or eligible pursuant to Section 504 of the Rehabilitation Act as specified in a student's IEP or 504 plan.

i. District boards of education may administer the Statewide assessments in mathematics to MLs in their native language, when available, and/or English.

ii. District boards of education shall have the option for a first-year ML of substituting a Department-approved language proficiency test only for the English language arts component of the Statewide assessment, when the student has entered the United States after June 1 of the calendar year prior to the test administration.

District boards of education shall ensure students with disabilities as defined in N.J.A.C. 6A:14-1.3 participate in Statewide assessments in accordance with N.J.A.C. 6A:14-4.1 0.
At specific times prescribed by the Commissioner, district boards of education shall administer the alternative State assessment for students with disabilities to students with severe disabilities who cannot participate in other assessments due to the severity of their disabilities.

i. The Department shall implement the alternative State assessment for students with disabilities according to the schedules at (c)1, 2, and 3 above.

ii. The alternative State assessment for students with disabilities measures the progress of students who have been determined eligible for the alternative State assessment for students with disabilities by the IEP team in accordance with N.J.A.C. 6A:14-4.10.

iii. The Department shall also implement an approved English language proficiency assessment to measure the progress in English language proficiency of MLs with an IEP who have been determined eligible by the IEP team for an alternative Department-approved English language proficiency assessment for students with disabilities.

District boards of education shall implement alternative ways for students to demonstrate graduation proficiency in accordance with N.J.A.C. 6A:8-5.1(a)6, (f), (g), (h), or (i), as applicable.

(e) District boards of education shall be responsible for ensuring the security of all components of the Statewide assessment system that are administered within the school district.

History

Amended by 48 N.J.R. 1790(b), effective 9/6/2016

N.J. Admin. Code § 6A:8-4.2 Documentation of student achievement

(a) After each test administration, the Department shall provide to chief school administrators the following:

Rosters of student performance in each content area;
Individual student reports; and
School and school district summary data, including school and school district means, numbers tested, and percent achieving at each performance level. The school district summary data shall be aggregated and disaggregated, and school summary data shall be disaggregated, for students with disabilities as defined at N.J.A.C. 6A:14-1.3 and for MLs.

(b) District boards of education shall transmit within 10 business days any official records, including transcripts, of students who transfer to other school districts or institutions.

(c) District boards of education shall maintain an accurate record of each student's performance on Statewide assessments.

(d) District boards of education shall maintain for every student a ninth-grade-through-graduation transcript that contains the following, as available:

Results of all applicable State assessments, including assessments that satisfy graduation requirements set forth at N.J.A.C. 6A:8-5.1(a)6 ;
Results of any English language proficiency assessments according to N.J.A.C. 6A:8-5.1(h) ;
Evidence of instructional experience and performance in the NJSLS;

Evidence of technological literacy;

Evidence of career education instructional experiences and career development activities;
Evidence of State-issued occupational licenses and credentials, industry-recognized occupational credentials, and/or technical skill assessments for students enrolled in Department-approved career and technical education programs pursuant to N.J.A.C. 6A:19-3.2; and
Any other information deemed appropriate by the district board of education.

History

Amended by 48 N.J.R. 1790(b), effective 9/6/2016

N.J. Admin. Code § 6A:8-4.3 Accountability

(a) Chief school administrators shall report final results of annual assessments to district boards of education and members of the public at a public meeting within 60 days of receipt of information from the Department.

(b) Chief school administrators shall provide educators, parents, and students with the results of annual assessments as required under N.J.A.C. 6A:8-4.2(a), within 30 days of receipt of information from the Department.

(c) District boards of education shall provide appropriate instruction to improve skills and knowledge for students performing below the established levels of student proficiency in any content area either on the Statewide or local assessments.

(d) All students shall be expected to demonstrate the knowledge and skills of the NJSLS as measured by the Statewide assessment system.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:8-4.4 Annual review and evaluation of school districts

The Department shall review the performance of schools and school districts by using a percent of students performing at the proficient level as one measure of AMO and incorporating a progress criterion indicative of systemic reform. The review shall include the performance of all students, including students with disabilities as defined at N.J.A.C. 6A:14-1.3, students from major racial and ethnic groups, economically disadvantaged students, and MLs. The review shall take place at each grade level in which Statewide assessments are administered, using the AMO targets.

History

Amended by R.2002 d.357, effective 11/4/2002.
See: 34 N.J.R. 2916(a), 34 N.J.R. 3804(a).
Rewrote (a); in (b), substituted "8" for "6" preceding "above" in the introductory paragraph; in (c), substituted "8" for "6" preceding "above" in 1.
Amended by R.2003 d.430, effective 11/3/2003.
See: 35 N.J.R. 2551(a), 35 N.J.R. 5077(a).
Rewrote (a); in (b), substituted "3" for "8" preceding "above" in the introductory paragraph; in (c), substituted "3" for "8" preceding "above" in 1 and deleted 2.
Amended by R.2005 d.213, effective 7/5/2005.
See: 37 N.J.R. 833(a), 37 N.J.R. 2487(a).
Rewrote the section.
Amended by R.2009 d.234, effective 7/20/2009.
See: 41 N.J.R. 1302(a), 41 N.J.R. 2779(c).
In the introductory paragraph of (a), deleted "as defined in (a)1iv, 2iv, and 3iv below" following "reform", substituted "ELLs" for "students who have limited English proficiency" and "Adequate Yearly Progress Targets, as found in the chapter Appendix, incorporated herein by reference" for "following criteria:"; deleted (a)1 through (a)4; and in the introductory paragraph of (b), substituted "the Adequate Yearly Progress Targets, as found in the chapter Appendix" for "(a)1 through 3 above".
Amended by R.2013 d.144, effective 12/16/2013.
See: 45 N.J.R. 1323(a), 45 N.J.R. 2545(a).

N.J. Admin. Code § 6A:8-4.5 Public reporting

(a) The Department shall report annually to the State Board and the public on the progress of all students and student subgroups in meeting the NJSLS as measured by the Statewide assessment system by publishing and distributing the Department's annual New Jersey School Report Card in accordance with N.J.S.A. 18A:7E-2 through 5.

(b) After each test administration, the Department shall report to district boards of education on the performance of all students and of student subgroups.

(c) The Department shall report performance on the alternative State assessment for students with disabilities with the same frequency and in the same detail as it reports on other Statewide assessments, including school and school district means, and the number and percentage of participating students.

(d) In public reporting of school and district performance data, the Department shall not compromise the confidentiality of individual students.

History

Administrative Change, 48 N.J.R. 1802(a).

Subchapter 5 IMPLEMENTATION OF GRADUATION REQUIREMENTS

N.J. Admin. Code § 6A:8-5.1 Graduation requirements

(a) For a State-endorsed diploma, district boards of education shall develop, adopt, and implement local graduation requirements that prepare students for success in post-secondary degree programs, careers, and civic life in the 21st century, and that include the following:

Participation in a local program of study of not fewer than 120 credits in courses designed to meet all of the NJSLS, including, but not limited to, the following credits:

i. At least 20 credits in English language arts, aligned to grade nine through 12 standards, effective with the 2009-2010 grade nine class;

ii. At least 15 credits in mathematics, including algebra I or the content equivalent effective with the 2008-2009 grade nine class; geometry or the content equivalent effective with the 2010-2011 grade nine class; and a third year of mathematics that builds on the concepts and skills of algebra and geometry and that prepares students for college and 21st century careers effective with the 2012-2013 grade nine class;

iii. At least 15 credits in science, including at least five credits in laboratory biology/life science or the content equivalent effective with the 2008-2009 grade nine class; one additional laboratory/inquiry-based science course, which shall include chemistry, environmental science, or physics effective with 2010-2011 grade nine class; and one additional laboratory/inquiry-based science course effective with 2012-2013 grade nine class;

iv. At least 15 credits in social studies, including satisfaction of N.J.S.A. 18A:35-1 and 2; five credits in world history; and the integration of civics, economics, geography and global content in all course offerings;

v. At least 2.5 credits in financial, economic, business, and entrepreneurial literacy, effective with 2010-2011 grade nine class;

vi. At least 3 3/4 credits in health, safety, and physical education during each year of enrollment, distributed as 150 minutes per week, as required by N.J.S.A. 18A:35-5, 7 and 8;

vii. At least five credits in visual and performing arts;

viii. At least five credits in world languages or student demonstration of proficiency as set forth in (a)2ii(2) below;

ix. Technological literacy, consistent with the NJSLS, integrated throughout the curriculum; and

x. At least five credits in 21st century life and careers, or career-technical education;

The 120-credit requirement set forth in (a)1 above may be met in whole or in part through program completion of a range of experiences that enable students to pursue a variety of individualized learning opportunities, as follows:

i. District boards of education shall establish a process to approve individualized student learning opportunities that meet or exceed the NJSLS.

(1) Individualized student learning opportunities in all NJSLS areas include, but are not limited to, the following:

(A) Independent study;

(B) Online learning;

(D) Student exchange programs; and

(E) Structured learning experiences, including, but not limited to, work-based programs, internships, apprenticeships, and service learning experiences.

(2) Individualized student learning opportunities based upon specific instructional objectives aimed at meeting or exceeding the NJSLS shall:

(A) Be based on student interest and career goals as reflected in the Personalized Student Learning Plans;

(B) Include demonstration of student competency;

(D) Be on file in the school district and subject to review by the Commissioner or his or her designee.

(3) Group programs based upon specific instructional objectives aimed at meeting or exceeding the NJSLS shall be permitted under this section and shall be approved in the same manner as other approved courses.

ii. District boards of education shall establish a process for granting of credits through successful completion of assessments that verify student achievement in meeting or exceeding the NJSLS at the high school level, including standards achieved by means of the individualized student learning opportunities enumerated at (a)2 above. Such programs or assessments may occur all or in part prior to a student's high school enrollment; no such locally administered assessments shall preclude or exempt student participation in applicable Statewide assessments at grades three through 12.

(1) District boards of education shall choose assessments that are aligned with or exceed the NJSLS and may include locally designed assessments.

(2) District boards of education shall choose from among the following assessment options to determine if students have achieved the level of language proficiency designated as Novice-High as defined by the ACTFL and recognized as fulfilling the world languages requirement of the NJSLS:

(A) The STAMP online assessment;

(B) The OPI or MOPI; or

iii. District boards of education shall establish a process to approve post-secondary learning opportunities that may consist of Advanced Placement (AP) courses, CLEP, or concurrent/dual enrollment at accredited higher education institutions.

(1) District boards of education shall award credit for successful completion of an approved, accredited college course that assures achievement of knowledge and skills that meets or exceeds the NJSLS.

Local student attendance requirements;

Any other requirements established by the district board of education;

Any statutorily mandated requirements for earning a high school diploma;
The requirement that all students demonstrate proficiency by achieving a passing score on the ELA and mathematics components of the State graduation proficiency test or through the alternative means at (h) below, if applicable, or for students who take the State graduation proficiency test but do not achieve a passing score through the alternative means set forth at (g) and (i) below;

i. Students in the graduating classes of 2019, 2020, 2021, and 2022 shall be required to demonstrate proficiency by achieving a passing score on the high school end-of-course PARCC assessments in ELA 10 and Algebra I or through the alternative means set forth at (f), (h), and (i) below;

For students who have not demonstrated proficiency on the ELA and/or mathematics components of the State graduation proficiency test, the opportunity for the following:

i. Remediation, pursuant to N.J.S.A. 18A:7C-3; and

ii. One or more additional opportunities to demonstrate proficiency on the State graduation proficiency test, pursuant to N.J.S.A. 18A:7C-6; and

Students graduating from an adult high school shall demonstrate proficiency in the ELA and mathematics components of the State graduation proficiency test, or through the alternative means set forth at (f), (g), (h), and (i) below.

(b) In the development of Personalized Student Learning Plans according to N.J.A.C. 6A:8-3.2(a), district boards of education shall actively encourage all students who have otherwise met the requirements for high school graduation according to (a)1 through 3 above, to include in their programs of study the following additional credits:

Five credits in mathematics during each year of enrollment, aimed at preparation for entrance into post-secondary programs or 21st century careers;
Five credits in a laboratory science during each year of enrollment, aimed at preparation for entrance into post-secondary programs or 21st century careers;
Five credits in social studies during each year of enrollment, aimed at preparation for entrance into post-secondary programs or 21st century careers; and
Five credits in world languages during each year of enrollment, aimed at preparation for entrance into post-secondary programs or 21st century careers.

(c) Through the IEP process set forth at N.J.A.C. 6A:14-3.7 and pursuant to N.J.A.C. 6A:14-4.11, district boards of education may specify alternate requirements for a State-endorsed diploma for individual students with disabilities as defined at N.J.A.C. 6A:14-1.3

District boards of education shall specifically address any alternate requirements for graduation in a student's IEP, in accordance with N.J.A.C. 6A:14-4.1 1.
District boards of education shall develop and implement procedures for assessing whether a student has met the specified alternate requirements for graduation individually determined in an IEP.

(d) District boards of education shall provide to the executive county superintendent their graduation requirements each year they are evaluated through QSAC and update the filed copy each time their graduation policies are revised.

(e) District boards of education shall provide each student entering high school and his or her parents or legal guardians with a copy of the district board of education's requirements for a State-endorsed diploma and the programs available to assist students in attaining a State-endorsed diploma, in accordance with N.J.S.A. 18A:7C-5.

(f) To ensure adequate transition to the new Statewide assessment system, district boards of education shall provide students in the graduating classes of 2018 through 2022 who have not demonstrated proficiency on the high school end-of-course PARCC assessments in ELA 10 and Algebra I with the opportunity to demonstrate such competence through one of the alternative means set forth below:

For the graduating classes of 2018 through 2022, students who did not take both the ELA 10 and the Algebra I end-of-course PARCC assessment or who take but do not achieve a passing score on both assessments, as required at (a)6 above, may satisfy the State requirement to demonstrate proficiency in English language arts and/or mathematics in one of the following ways:

i. Achieve a passing score, as determined by the Commissioner, on a corresponding substitute competency test in English language arts and/or mathematics, as applicable, or substitute a passing score on another end-of-course PARCC assessment, including ELA 9, ELA 11, Geometry, or Algebra II; or

ii. Meet the criteria of the portfolio appeals process.

(g) For students in the classes of 2023, 2024, and 2025, the alternative means referenced at (a)6 above shall be as follows:

Achieve a passing score, as determined by the Commissioner and approved by the State Board of Education, on a corresponding substitute competency test in English language arts and/or mathematics, as applicable; and/or
Demonstrate proficiency through the portfolio appeals process, pursuant to N.J.S.A. 18A:7C-3.

(h) All MLs shall satisfy the requirements for high school graduation, except MLs may demonstrate they have attained State minimum levels of proficiency through passage of the portfolio appeals process in their native language, when available, and passage of a Department-approved, English fluency assessment.

(i) Students, including students with disabilities as defined at N.J.A.C. 6A:14-1.3 or eligible under Section 504 of the Rehabilitation Act who participate in the alternative assessment for students with disabilities, are not required to participate in repeated administrations of high school assessment components required at N.J.A.C. N.J.A.C. 6A:8-4.1(c).

(j) For students in the classes of 2019, 2020, 2021, and 2022, the Department shall consider high school end-of-course State assessments to be equivalent to the corresponding high school end-of-course PARCC assessments.

History

Amended by 48 N.J.R. 1790(b), effective 9/6/2016

N.J. Admin. Code § 6A:8-5.2 High school diplomas

(a) District boards of education shall award a State-endorsed high school diploma to prospective graduates who have met all of the requirements adopted in accordance with N.J.A.C. 6A:8-5.1(a) or (c), or (d) below.

(b) District boards of education shall not issue a high school diploma to any student not meeting the criteria specified in the rule provisions referenced at (a) above.

District boards of education shall provide students exiting grade 12 without a diploma the opportunity for continued high school enrollment to age 20 or until the requirements for a State-endorsed diploma have been met, whichever comes first.
District boards of education shall allow any out-of-school individual to age 20 who has otherwise met all State and local graduation requirements but has failed to pass the State proficiency test to demonstrate proficiency through alternative means as set forth at N.J.A.C. 6A:8-5.1(a)6 through (i), as applicable, pursuant to the standards applicable to the student's graduating class. Students in graduating classes prior to 2018 shall demonstrate proficiency as set forth for the classes of 2018 through 2022 at N.J.A.C. 6A:8-5.1(f)1. Upon certification of passing the test applicable to the student's class in accordance with this chapter, a State-endorsed diploma shall be granted by the high school of record.

(c) Pursuant to N.J.A.C. 6A:20-1.4, the Commissioner shall award a State-issued high school diploma based on achieving the Statewide standard score on the General Education Development test (GED) or other adult education assessments to individuals age 16 or older who are no longer enrolled in school and have not achieved a high school credential.

(d) The Commissioner shall award a State-issued high school diploma to individuals age 16 or older and no longer enrolled in high school based on official transcripts showing at least 30 general education credits leading to a degree at an accredited institution of higher education. Included in the 30 general education credits must be a minimum of 15 credits with at least three credits in each of the five general education categories as follows: English; mathematics; science; social science; and the humanities.

(e) District boards of education shall award a State-endorsed high school diploma to any currently enrolled student, regardless of grade level, who:

Has demonstrated proficiency in the high school end-of-course PARCC assessments in ELA 10 and Algebra I, or as set forth in N.J.A.C. 6A:8-5.1(f);
Has presented official transcripts showing at least 30 general education credits leading to a degree at an accredited institution of higher education; and
Has formally requested such early award of a State-endorsed high school diploma.

(f) Pursuant to N.J.S.A. 18A:7C-7 and N.J.S.A. 18A:7E-3 , the chief school administrator or lead person of a charter school shall report annually to the district board of education or the charter school board of trustees at a public meeting not later than September 30, and to the Commissioner:

The total number of students graduated;
The number of students graduated under the substitute competency test process;
The number of students graduated under the portfolio appeals process;
The number of students receiving State-endorsed high school diplomas as a result of meeting any alternate requirements for graduation as specified in their IEPs;
The total number of students denied graduation from the 12th grade class; and
The number of students denied graduation from the 12th grade class solely because of failure to pass the high school end-of-course PARCC assessments, substitute competency tests, or portfolio appeals process based on the provisions of this chapter.

History

Amended by 48 N.J.R. 1790(b), effective 9/6/2016

N.J. Admin. Code § 6A:8-5.3 State Seal of Biliteracy

(a) A district board of education may award a State Seal of Biliteracy to any student who has met all requirements in N.J.A.C. 6A:8-5.2 and demonstrates proficiency in the following:

One or more world languages via an assessment approved pursuant to (f) below during the student's next to last or final year of high school; and

i. Pursuant to P.L. 2015, c. 303, a foreign language other than English also shall include, but not be limited to, American Sign Language, Latin, and Native American languages.

English language arts as set forth in N.J.A.C. 6A:8-5.1(a)6.

(b) Beginning with the 2017-2018 school year, a district board of education that chooses to award the State Seal of Biliteracy shall incorporate the process into the local graduation policy developed, adopted, and implemented pursuant to N.J.A.C. 6A:8-5.1(a), denoting participation in the voluntary program. A district board of education choosing to participate shall submit, in accordance with N.J.A.C. 6A:8-5.1(d), a copy of the local graduation policy that reflects the option for students to participate in the State Seal of Biliteracy.

(c) A district board of education may pay the costs for related assessments and transcript insignias or may charge a fee to a participating student. A participating district board of education shall include in its revised local graduation requirements whether it will cover the related costs or charge a fee.

(d) A district board of education that chooses to award the State Seal of Biliteracy shall do the following:

Provide the Department with information regarding students who qualify for the State Seal of Biliteracy pursuant to (a) above;
Present each student who qualifies pursuant to (a) above with a Department-issued certificate;
Include the Commissioner-developed insignia on the student's transcript; and
Maintain appropriate records to identify students who have earned the State Seal of Biliteracy.

(e) A district board of education shall not award a State Seal of Biliteracy to any student who does not meet the criteria in (a) above and shall not include the Commissioner-developed insignia on the student's transcript.

(f) A list of Department-approved, nationally recognized assessments and the Statewide scores necessary for a student to satisfy requirements for the State Seal of Biliteracy shall be set by a resolution approved by the State Board of Education.

If an approved assessment, pursuant to (f) above, does not exist for a particular language, a district board of education may administer a Department-approved, locally designed proficiency-based assessment.

(g) The Commissioner shall submit to the Governor and the Legislature by September 1 of each school year a report that includes the number of students awarded the State Seal of Biliteracy in the previous school year, the languages in which the students attained proficiency, and the method(s) by which the students demonstrated proficiency.

History

Adopted by 50 N.J.R. 1209(a), effective 5/7/2018

Subchapter 6 BRIDGE YEAR PILOT PROGRAM

N.J. Admin. Code § 6A:8-6.1 Purpose

(a) This subchapter implements the Bridge Year Pilot Program authorized by P.L. 2020, c. 41. The law provides students in the graduating classes of 2021 and 2022 with the opportunity to defer graduation from high school for one year to offset disruptions to learning opportunities and participation in extracurricular activities that might have resulted from the closure of schools for in person instruction in the spring of 2020 due to the COVID-19 pandemic. The rules specify procedures that all school districts, charter schools, and renaissance school projects with high schools and participating nonpublic high schools must follow, as well as the eligibility criteria for students.

This additional year will be referred to throughout the subchapter as "bridge year."

History

Adopted by 54 N.J.R. 2086(a), effective 11/7/2022

N.J. Admin. Code § 6A:8-6.2 Scope

(a) This subchapter shall apply to all public high schools and their school districts and district boards of education or charter school or renaissance school project board of trustees.

A nonpublic high school that elects to participate in the Bridge Year Pilot Program shall follow the rules throughout this subchapter, as applicable.
"Host high school," which is the high school that a student who pursues a bridge year attended as a junior, shall be used throughout the subchapter to refer to a public high school and its school district and district board of education or charter school or renaissance school project board of trustees, as well as a participating nonpublic high school.

(b) This subchapter shall apply to students in the graduating classes of 2021 and 2022 who pursue a bridge year and meet the eligibility criteria at N.J.A.C. 6A:8-6.4.

History

Adopted by 54 N.J.R. 2086(a), effective 11/7/2022

N.J. Admin. Code § 6A:8-6.3 Host high school responsibilities

(a) Each host high school shall provide students in the graduating classes of 2021 and 2022, who are eligible, pursuant to N.J.A.C. 6A:8-6.4, with the opportunity to pursue a bridge year during the academic year immediately following their senior year of high school.

(b) Each host high school shall designate a staff member as a bridge year liaison to carry out the responsibilities set forth at N.J.A.C. 6A:8-6.5.

Nothing at (b) above or at N.J.A.C. 6A:8-6.5s hall be construed to require a host high school to hire an individual to serve as a bridge year liaison.

(c) The host high school shall permit a student pursuing a bridge year to participate in graduation ceremonies with the graduating class of 2021 or 2022, as applicable, or at the conclusion of the student's bridge year, but the host high school shall not issue a diploma to the student until the conclusion of the bridge year.

If a student initially decides to pursue a bridge year but does not complete the fall or spring semester, the student's host high school shall release all final transcripts and other records, as necessary, and as may be requested.

(d) A host high school shall indicate in NJ SMART, by June 30, whether students in the 12th grade are planning to participate in a bridge year during the following school year. This requirement does not apply to participating nonpublic schools.

History

Adopted by 54 N.J.R. 2086(a), effective 11/7/2022

N.J. Admin. Code § 6A:8-6.4 Student eligibility and participation

(a) A student in the graduating classes of 2021 or 2022 who has met all applicable State and local high school graduation requirements by the end of the student's senior year of high school may defer graduation from high school for one year to pursue a bridge year.

To receive a State-endorsed high school diploma, a student participating in a bridge year shall:

i. Meet the graduation requirements in place for the student's original senior year; and

ii. Not be required to meet any additional graduation requirements implemented for the student's bridge year.

(b) A student shall be 19 years of age or younger and shall not turn 20 years of age at any time during the bridge year, except as detailed at (b)1 below.

A student with disabilities who has satisfied State and local graduation requirements but may need an extra year of services, and will not turn 21 years old before June 30, may participate in the Bridge Year Pilot Program and receive services for another year as determined by the student's individualized education program (IEP) team, which includes the student and the student's parent (s)/guardian(s).

(c) A student who intends to pursue a bridge year shall notify the host high school's bridge year liaison no later than February 15 of the student's senior year.

(d) A student pursuing a bridge year shall remain enrolled in the host high school while participating in the Bridge Year Pilot Program. The student shall not be permitted to transfer to a different high school, as the designation of host high school is not transferable.

(e) To remain in the Bridge Year Pilot Program, a student shall maintain a grade point average of 2.0 while fulfilling the credit requirements at N.J.A.C. 6A:8-6.7.

History

Adopted by 54 N.J.R. 2086(a), effective 11/7/2022

N.J. Admin. Code § 6A:8-6.5 Bridge year liaison responsibilities

(a) Each host high school's bridge year liaison shall do the following:

Serve as the host high school's point of contact for students who are interested in pursuing, or are participating in, a bridge year;
Facilitate planning of academic services for students participating in a bridge year;
Communicate regularly with the host high school's respective county college or applicable four-year institution attended by a student participating in a bridge year regarding the academic progress of students;
Develop individual learning plans (ILPs) in accordance with N.J.A.C. 6A:8-6.6;
Collect and report attendance according to the host high school's policy for students participating in classes not at the host high school and in accordance with N.J.A.C. 6A:16-7.6;
Receive, at least quarterly, reports from the respective county college and other institutions of higher education attended by a student participating in a bridge year as specified in the student's ILP; and
Ensure, at the conclusion of each semester of the bridge year, that the student's high school transcript reflects the high school and college credits earned during the bridge year in accordance with host high school's policy for students participating in classes not at the host high school.

History

Adopted by 54 N.J.R. 2086(a), effective 11/7/2022

N.J. Admin. Code § 6A:8-6.6 Individual learning plans

(a) The host high school's bridge year liaison shall develop, in consultation with the student, an individual learning plan (ILP) for each student pursuing a bridge year.

The bridge year liaison may confer with a multi-disciplinary team of professionals with knowledge of the student's educational, behavioral, emotional, social, and health needs. For students with a disability, the multi-disciplinary team shall include the student's IEP team.
The bridge year liaison may utilize the ILP template on the Department's website at http://www.nj.gov/education/covid19/boardops/bridge.shtml.

(b) An ILP for a student's bridge year shall define academic and extracurricular goals and shall detail activities and strategies that will support the student in accomplishing the goals.

All academic goals in the ILP shall be in accordance with N.J.A.C. 6A:8-6.7 and shall:

i. Be based on specific instructional objectives;

ii. Be based on student interest and career goals; and

iii. Include demonstration of student competency.

The activities and strategies detailed in the ILP may include, but are not limited to, counseling, academic support, coursework, transition services, and extracurricular or athletic participation.
Host high schools that do not operate on the basis of fall and spring semesters shall ensure that students in a bridge year meet the total credit requirements at N.J.A.C. 6A:8-6.7o ver the course of the entirety of the bridge year.

(c) An ILP for a student's bridge year shall specify the manner in which the institution of higher education must report quarterly to the host high school's bridge year liaison regarding the student's progress and performance related to the academic goals defined in the ILP.

(d) Each student's ILP shall be completed by June 1 of the student's senior year.

(e) The host high school's bridge year liaison shall update and modify a student's ILP throughout the student's bridge year to ensure the student is meeting academic and performance goals. The host high school's bridge year liaison shall utilize the quarterly reports submitted pursuant to (c) above to modify a student's ILP.

History

Adopted by 54 N.J.R. 2086(a), effective 11/7/2022

N.J. Admin. Code § 6A:8-6.7 Academic and course requirements

(a) The high school or college credits taken by a student pursuant to this section shall together form a coordinated sequence of academic content that prepares the student for high-skill, high-wage, or in demand occupations.

(b) During the fall semester of the bridge year, students shall take between nine and 12 credits at the host high school, the county college that serves the county of the host high school, or a combination thereof.

(c) During the spring semester of the bridge year, students shall take between nine and 12 credits at the county college that serves the county of the host high school.

(d) During the fall or spring semester of the bridge year, students may also take up to three credits offered by a four-year institution of higher education at any high school in the State or at any other location to fulfill the credit requirements at (b) or (c) above.

(e) To meet the credit requirements at (b) and (c) above, students may participate in learning opportunities, including, but not limited to, independent study, online learning, and structured learning experiences.

(f) Students in a bridge year do not need to participate in health, safety, and physical education requirements at N.J.S.A. 18A:35-5, 7, and 8 or at N.J.A.C. 6A:8-5.1(a)1 vi.

(g) A student who participates in a spring sport sanctioned by the New Jersey State Interscholastic Athletic Association (NJSIAA) during the bridge year shall enroll in less than 12 college credits, or otherwise be enrolled in a number of college credits as to not be considered a full-time college student during either semester of the student's bridge year.

(h) For the purpose of taking college credits pursuant to this section, the student participating in a bridge year shall be considered a non-matriculated student of the county college.

History

Adopted by 54 N.J.R. 2086(a), effective 11/7/2022

N.J. Admin. Code § 6A:8-6.8 Athletic and extracurricular activity participation

(a) A student in a bridge year may participate in a spring sport sanctioned by the New Jersey State Interscholastic Athletic Association (NJSIAA) and extracurricular activities at the host high school.

A student pursuing a bridge year shall not be eligible to participate in any fall or winter sport sanctioned by the NJSIAA.
A student who decides not to continue the bridge year in the spring semester shall not be eligible to participate in a spring sports program or extracurricular activities at the host high school.

(b) To participate in a spring sport during the bridge year, the student shall meet all of the NJSIAA's eligibility requirements, except as detailed at (b)1 below.

For students participating in a spring sport during a bridge year, the host high school shall request that the NJSIAA waive the rule under which a student is not eligible for high school athletics after the expiration of eight consecutive semesters following the student's entrance into the ninth grade.

(c) A student participating in a spring sport or extracurricular activity during the bridge year shall pay applicable student athletics and activities fees and be subject to the host high school's student code of conduct, athletic code of conduct, and any other applicable codes, rules, or policies that other students participating in the spring sport or extracurricular activity at the host high school are required to follow.

History

Adopted by 54 N.J.R. 2086(a), effective 11/7/2022

Chapter 9 PROFESSIONAL STANDARDS

Subchapter 1 SCOPE AND PURPOSE

N.J. Admin. Code § 6A:9-1.1 Scope

This chapter sets forth the applicable definitions for preparation, licensure, and professional development of educators required for licensure and certification pursuant to this chapter and N.J.A.C. 6A:9A, 6A:9B, and 6A:9C. This chapter also contains the Professional Standards for Teachers and the Professional Standards for School Leaders.

History

Amended by 47 N.J.R. 2978(a), effective 12/7/2015

N.J. Admin. Code § 6A:9-1.2 Purpose

(a) The purpose of this chapter is to establish definitions applicable to this chapter and N.J.A.C. 6A:9A, 6A:9B, and 6A:9C. Furthermore, the purpose of this chapter is to establish professional standards for pre-service preparation, certification, and professional development that continuously serve to improve the quality of instruction for New Jersey's students and prepare them for post-secondary education and careers.

(b) A standards-based, rigorous system of licensure designed to support improved student achievement of the New Jersey Student Learning Standards (NJSLS) will serve to improve the quality of New Jersey's educator workforce and student performance.

History

Amended by 47 N.J.R. 2978(a), effective 12/7/2015

Subchapter 2 DEFINITIONS

N.J. Admin. Code § 6A:9-2.1 Definitions

The following words and terms shall have the following meanings when used in this chapter and N.J.A.C. 6A:9A, 6A:9B, and 6A:9C, unless the context clearly indicates otherwise:

Accepted cohort of candidates" means the group of candidates accepted to start at the same time all educator preparation programs leading to a State certification.

"Accreditation" and "accredited" both mean a status of public recognition attained by an educational institution or program that meets the U.S. Secretary of Education's standards and requirements.

"Accredited career-focused institution" means a private career school that is accredited by an agency that appears in the Database of Accredited Postsecondary Institutions or Programs maintained by the United States Department of Education.

Administrative certificate" means the certificate category that includes specific endorsements for school administrator, principal, supervisor, or school business administrator.

ALJ" means an administrative law judge assigned by the Director of the Office of Administrative Law to preside over contested cases pursuant to N.J.S.A. 52:14F-1 et seq.

"Approved agency" shall mean an entity that is approved by the State and provides services to nonpublic school students in accordance with N.J.S.A. 18A:46A-1 et seq.

"Approved career-focused institution" means a private career school that is approved to operate by a certificate of approval issued by the commissioners of the Department of Education and the Department of Labor and Workforce Development, pursuant to N.J.S.A. 34:15C-10.1.

"Approved program" means a Department-approved educator preparation program designed to lead to an instructional, administrative, or educational services certificate.

"Authorization" means any requirement, license, certificate, or endorsement established by State or Federal law or by a professional licensing board for the individual to serve in a position.

"Board of Examiners" means the New Jersey State Board of Examiners.

"Career and technical education" or "CTE" means the same as that term is defined at N.J.A.C. 6A:19-1.2.

Career cluster" means the same as that term is defined at N.J.A.C. 6A:19-1.2.

"CE educator preparation program" means a program designed to lead to a standard certificate where preparation primarily occurs while candidates are working under a provisional certificate, and approved pursuant to N.J.A.C. 6A:9A-3.1.

CAEP" means the Council for the Accreditation of Educator Preparation. CAEP is a national professional accrediting body for educator preparation.

"CEAS educator preparation program" means a program provided by an accredited higher education institution and approved pursuant to N.J.A.C. 6A:9A-3.1. This program primarily occurs prior to a candidate actively working under a provisional certificate.

"Certificate" means a legal document that is issued by the Board of Examiners and permits an individual to serve as a teaching staff member. The three categories of certificates are instructional, administrative, and educational services. Within each certificate category, standard, provisional, and emergency certificates, CEs, and CEASs may be available. Each certificate shall be issued with at least one endorsement, which shall be considered part of the certificate.

"Certificate holder" means an individual issued a certificate by the Board of Examiners.

"Certificate of eligibility" (CE) means a certificate with lifetime validity issued to an individual who has completed degree, academic study, and applicable test requirements for certification. The CE permits the applicant to seek and accept employment in corresponding positions requiring certification.

"Certificate of eligibility with advanced standing" (CEAS) means a certificate with lifetime validity issued to an individual who has completed degree, academic study, and applicable test requirements, in addition to CEAS educator preparation programs for certification. The CEAS permits the applicant to seek and accept employment in positions requiring certification.

"Charter school certificate of eligibility" or "CSCE" means a certificate with lifetime validity issued to a person who has a bachelor's degree and has satisfied applicable test requirements for certification. The CSCE permits the applicant to seek and accept employment at charter schools in positions requiring certification. The CSCE may be used only for employment in charter schools and does not satisfy the requirements for employment in school districts, excluding charter schools.

"Charter school provisional certificate" means a two-year certificate issued to novice teacher candidates who have been hired by a charter school, but who have not met the requirements for a standard certificate. Charter school provisional certificates are issued to novice instructional staff who are employed at a charter school, may be used only for employment in charter schools, may be renewed once at the discretion of the employing school, and do not satisfy the requirements for obtaining employment in school districts, excluding charter schools.

"Charter school standard certificate" means a permanent certificate issued to a person who has met all charter school certification requirements. This certificate may be used only for employment in charter schools and does not satisfy the requirements for employment in school districts, excluding charter schools.

"Career and technical education" or "CTE" means the same as that term is defined at N.J.A.C. 6A:19-1.2.

"Career cluster" means the same as that term is defined at N.J.A.C. 6A:19-1.2.

"Certificate holder" means an individual issued a certificate by the Board of Examiners.

"Certificate of advanced study in educational administration and supervision" means a postmasters higher education institution program, minimum of 24 graduate semester-hour credits, that prepares school leaders with the knowledge, skills, and dispositions to be an effective school leader. The program results in an out-of-State certificate as a principal or superintendent and in a Certificate of Advanced Study in School Leadership from the higher education institution.

"CHEA" means the Council for Higher Education Accreditation. CHEA is an organization that coordinates national accreditation processes for higher education institutions and recognizes accrediting bodies.

"Chief school administrator" means the superintendent of schools, or the administrative principal if there is no superintendent, and includes charter school or renaissance school project lead persons.

"Clinical component" means the combined clinical experience and clinical practice elements of educator preparation.

"Clinical experience" means the diverse, guided, hands-on, practical applications and demonstrations in educator preparation programs of professional knowledge, skills, and dispositions through integrated, collaborative, and facilitated learning and practice in early field, practicum, and other opportunities that occur prior to clinical practice. The activities and responsibilities take place across a variety of settings and are integrated throughout the educator preparation program.

"Clinical intern" means a candidate engaged in the clinical practice component of an educator preparation program.

"Clinical practice" means the culminating field-based experience or internship of educator preparation. In this hands-on experience in a preschool through grade 12 (P-12) setting, candidates demonstrate their knowledge, skills, and dispositions to be effective educators.

"Coherent sequence of courses" means a sequence of at least 30 semester-hour credits of college-level coursework in a subject field that includes study at the introductory, intermediate, and advanced levels.

"Consortium" means a joint sponsorship between two or more school districts, higher education institutions, educational organizations, or any combination thereof providing formal instruction to provisional teachers.

"Cooperative education experience" means the same as that term is defined at N.J.A.C. 6A:19-1.2.

"Cooperating teacher" means a certified, experienced, practicing teacher who is assigned responsibility for assessing, supporting, and developing a candidate's knowledge, skills, and/or professional dispositions during clinical experiences and/or clinical practice.

"CTE Teacher Bridge" means the process by which holders of standard instructional certificates with an endorsement in a subject area that authorizes them to teach grades nine through 12 may obtain a CTE endorsement to teach CTE programs that align to an in-demand industry sector or occupation that is identified and approved by the Department as experiencing a shortage of CTE teachers.

"District board(s) of education" or "school district(s)" means all providers of publicly funded preschool, elementary, secondary, or adult high school education programs, including county vocational school districts, educational services commissions, jointure commissions, charter schools, regional day schools, adult high schools, county special services school districts, the Marie H. Katzenbach School for the Deaf, the Department of Human Services, the Department of Children and Families, the Department of Corrections, the Juvenile Justice Commission, and approved private schools for students with disabilities whose staff hold appropriate certificates.

"District mentoring program" means a program of induction and support that is designed to develop non-tenured teachers, including novice provisional teachers and experienced teachers new to a school district, into effective professionals within the school district.

"Dual-content major" means any college major that combines two of the NJSLS.

"Early Childhood Program Expectations" means the standards set forth at N.J.A.C. 6A:8-2.1(a)4.

"Early college high school program" means a partnership between a school district and an institution of higher education that allows eligible students enrolled in such programs to simultaneously complete requirements toward earning a State-endorsed high school diploma and participation in college-level courses resulting in earned college-level credits that are transferable to the institution of higher education in the partnership, as part of an organized course of study in attainment of a postsecondary degree, at no cost to the participant or the participant's family.

"Educational services certificate" means the certificate category that permits an individual to serve in a primarily non-instructional and non-administrative teaching staff role in a school district.

"Educational technology" means the implementation of technology as an integral part of the instructional process across all curriculum areas in a way that supports a learner-centered environment.

"Educator preparation program" means a Commissioner-approved CEAS or CE program, pursuant to N.J.A.C. 6A:9A-3.1, or an out-of-State program, pursuant to N.J.A.C. 6A:9B-8.2(b), that is housed at a higher education institution or other program provider and prepares candidates for instructional, administrative, or educational services certification.

"Emergency certificate" means a substandard certificate issued only to educational services certificate candidates who meet the requirements for each endorsement pursuant to N.J.A.C. 6A:9B-14.

"Endorsement" means an authorization allowing a certificate holder to teach one or more specific subject areas or to serve in one or more specific teaching staff roles.

"Formal instruction" means a Department-approved program of professional preparation for CE holders that is housed at a higher education institution or a CE educator preparation program provider and includes, but is not limited to, coursework and in-classroom supports such as coaching.

"Full-time teaching" means the equivalent of 900 clock-hours of teaching per year.

"GPA" means grade point average.

"IEP" means an individualized education program as that term is defined at N.J.AC. N.J.A.C. 6A:14-1.3.

"Industry credential" means a certification that is issued by an approved career-focused institution or by an occupational or industry group and demonstrates competency or completion of training for a particular job category.

"Instructional certificate" means the certificate category that permits an individual to serve as a teacher in a classroom setting.

"Interdisciplinary major" means any college major that combines two or more academic, scientific or artistic disciplines, permitting students to explore an area of interest from several perspectives.

"International agency" means an international agency that recruits foreign teachers for New Jersey school districts in subject areas that the Commissioner has defined as having a critical shortage.

"Liberal arts major" means any college major including, but not limited to, philosophy, history, literature, sociology, world language, mathematics, science, or engineering that is intended primarily to provide general knowledge and to develop an individual's general intellectual capacities to reason and evaluate, as opposed to professional or vocational skills.

"Mentor teacher" means an experienced, certified New Jersey teacher who is assigned to provide support and guidance to a novice teacher.

"Military spouse" means a person whose spouse is an active-duty military member of the Armed Forces of the United States, who is the subject of a military transfer to New Jersey.

"NASDTEC" means the National Association of State Directors of Teacher Education and Certification.

"NJSLS" means the New Jersey Student Learning Standards pursuant to N.J.A.C. 6A:8.

"Nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education for kindergarten through grade 12, or any combination thereof, wherein any child may legally fulfill compulsory school attendance requirements and that complies with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352), 42 U.S.C. §§ 2000d et seq. For purposes of this chapter, preschools licensed by the Department of Children and Families that are not under contract to provide services to SDA districts shall be considered nonpublic schools.

"North American Industry Classification System (NAICS) code" means the economic classification system based on groups of goods and services that use similar or identical production processes.

"Novice teacher" means any teaching staff member serving full- or part-time under a provisional certificate who has not yet been issued a standard instructional certificate in any endorsement area.

"OAL" means the Office of Administrative Law established pursuant to N.J.S.A. 52:14F-1 et seq.

"Office" means the office within the Department that is assigned to provide staff support to the Board of Examiners in the exercise of its statutory and regulatory responsibilities.

"Official transcript" means either a paper or electronic transcript certified as official by the originating higher education institution or a Department-recognized foreign credentialing agency.

"Paraprofessional" means a school or classroom aide who assists appropriately certified personnel with the supervision of student activities.

"Professional Standards for School Leaders" means the knowledge, skills, and dispositions that all school administrators must acquire to practice as school leaders. See N.J.A.C. 6A:9-3.4.

"Professional Standards for Teachers" means the knowledge, skills, and dispositions that all teachers must acquire to practice as teachers. See N.J.A.C. 6A:9-3.3.

"Program completion" means the fulfillment of all requirements of a Commissioner-approved educator preparation program, or of an out-of-State educator preparation program pursuant to N.J.A.C. 6A:9B-8.2(b).

"Program provider" means the hosting organization for an educator preparation program.

"Progress toward completion" means the demonstration, before renewal of an emergency certificate, that the certificate holder has completed the share of study needed per year to earn standard certification within the years allowed for certificate renewal. The required "share of study" shall be equal to the number of credits remaining for standard certification divided by the maximum number of years the specific certificate can be renewed.

"Provisional certificate" means a two-year certificate issued to candidates who have met the requirements for initial employment, but who have not yet met the requirements for a standard certificate. Provisional certificates are issued to instructional, administrator, and educational services staff whose employment with a specific school district is authorized by a CE or CEAS. Provisional certificates are also issued to initially employed educational services staff who have at least one year, but less than three years, of successful full-time experience or the equivalent in another state under that state's standard certificates.

"Provisional teaching period" means a minimum of two years of full-time teaching under a provisional certificate required of all novice teachers before they are eligible to be recommended for a standard certificate.

"School leader" means an administrator whose position requires possession of a school administrator, principal, or supervisor endorsement.

"Secretary" means the Secretary of the Board of Examiners.

"Spouse" means the person to whom an individual is legally married to pursuant to New Jersey law, and also includes a partner in a civil union, pursuant to N.J.S.A. 37:1-28 et seq., or a domestic partner, pursuant to N.J.S.A. 26:8A-1 et seq.

"Standard certificate" means a permanent certificate issued to a person who has met all certificate requirements.

"Standards for professional learning" means the standards that govern the creation and review of school and school district professional development plans and guide teachers in the selection of professional development experiences.

"State Board" means the New Jersey State Board of Education.

"Structured learning experience (SLE)" means the same as that term is defined at N.J.A.C. 6A:19-2.1.

"Substitute credential" means the credential required for individuals who do not hold an administrative, educational services, or instructional certificate and who are temporarily serving in replacement of a certified and regularly employed classroom teacher.

"Supervisor" means an appropriately certified "teaching staff member," as defined at N.J.S.A. 18A:1-1, employed by a school district in a supervisory role and capacity, and possessing a school administrator, principal, or supervisor endorsement.

"Teacher shortage area" means a specific grade, subject area, or geographic area in which the Commissioner determines there is an insufficient supply of elementary or secondary school teachers.

"Teaching staff member" means the same as that term is defined at N.J.S.A. 18:1-1.

History

Amended by 46 N.J.R. 1634(a), effective 7/7/2014.

Subchapter 3 PROFESSIONAL STANDARDS FOR TEACHERS AND SCHOOL LEADERS

N.J. Admin. Code § 6A:9-3.1 Purpose

(a) The Professional Standards for Teachers and the Professional Standards for School Leaders set forth at N.J.A.C. 6A:9-3.3 and 3.4, respectively, shall be used in the approval of educator preparation programs, recommendation of candidates for a certificate, induction, educator evaluation, and the approval of professional development.

(b) The level of mastery of the Professional Standards for Teachers and the Professional Standards for School Leaders shall be on a continuum from pre-service and novice through veteran educator.

(c) The purpose of the Professional Standards for Teachers and the Professional Standards for School Leaders is to ensure that teachers and leaders have a comprehensive understanding of their own frames of reference and their impact on expectations for, and relationships with, students and their families. The standards are grounded in the assumption that all students bring to their learning varying experiences, abilities, talents, and prior learning, as well as language, culture, and family and community values that are assets that can be used to promote student learning.

History

Amended by 46 N.J.R. 761(a), effective 5/5/2014.

N.J. Admin. Code § 6A:9-3.2 Scope

(a) The Professional Standards for Teachers shall apply to all educators who hold an instructional certificate.

(b) The Professional Standards for School Leaders shall apply to all administrators who hold a supervisor, principal, or school administrator endorsement.

(c) The Professional Standards for Teachers and the Professional Standards for School Leaders shall apply to all teachers and school leaders as they seek knowledge and skills to customize learning for students with a range of individual needs, including, but not limited to:

Students with disabilities;
Students who perform above or below grade level; and
Students with varying cultural and linguistic backgrounds and the specific needs of students for whom English is a new language.

History

Amended by 47 N.J.R. 2978(a), effective 12/7/2015

N.J. Admin. Code § 6A:9-3.3 Professional Standards for Teachers

(a) Teacher preparation, school district induction, professional development programs, and the school district teacher evaluation system shall align with the standards at (a)1 through 11 below. The standards are grouped into the following four domains: The Learner and Learning (Standards One, Two, and Three); Content Knowledge (Standards Four and Five); Instructional Practice (Standards Six, Seven, and Eight); and Professional Responsibility (Standards Nine, Ten, and Eleven). The elements of each standard are divided into three categories: Performances, Essential Knowledge, and Critical Dispositions.

Standard One: Learner Development. The teacher understands how learners grow and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional, and physical areas, and designs and implements developmentally appropriate and challenging learning experiences.

i. Performances:

(1) The teacher regularly assesses individual and group performance in order to design and modify instruction to meet learners needs in each area of development (cognitive, linguistic, social, emotional, and physical) and scaffolds the next level of development;

(2) The teacher creates developmentally appropriate instruction that takes into account individual learners strengths, interests, and needs and that enables each learner to advance and accelerate his or her learning; and

(3) The teacher collaborates with families, communities, colleagues, and other professionals to promote learner growth and development.

ii. Essential Knowledge:

(1) The teacher understands how learning occurs--how learners construct knowledge, acquire skills, and develop disciplined thinking processes--and knows how to use instructional strategies that promote student learning;

(2) The teacher understands that each learners cognitive, linguistic, social, emotional, and physical development influences learning and knows how to make instructional decisions that build on learners strengths and needs;

(3) The teacher identifies readiness for learning, and understands how development in any one area may affect performance in others; and

(4) The teacher understands the role and impact of language and culture in learning and knows how to modify instruction to make language comprehensible and instruction relevant, accessible, and challenging.

iii. Critical Dispositions:

(1) The teacher respects learners differing strengths and needs and is committed to using this information to further each learners development;

(2) The teacher is committed to using learners strengths as a basis for growth, and their misconceptions as opportunities for learning;

(3) The teacher takes responsibility for promoting learners growth and development; and

(4) The teacher values the input and contributions of families, colleagues, and other professionals in understanding and supporting each learners development.

Standard Two: Learning Differences. The teacher uses understanding of individual differences and diverse cultures and communities to ensure inclusive learning environments that enable each learner to meet high standards.

i. Performances:

(1) The teacher designs, adapts, and delivers instruction to address each students diverse learning strengths and needs and creates opportunities for students to demonstrate their learning in different ways;

(2) The teacher makes appropriate and timely provisions (for example, pacing for individual rates of growth, task demands, communication, assessment, and response modes) for individual students with particular learning differences or needs;

(3) The teacher designs instruction to build on learners prior knowledge and experiences, allowing learners to accelerate as they demonstrate their understandings;

(4) The teacher brings multiple perspectives to the discussion of content, including attention to learners personal, family, and community experiences and cultural norms;

(5) The teacher incorporates tools of language development into planning and instruction, including strategies for making content accessible to multilingual learners and for evaluating and supporting their development of English proficiency; and

(6) The teacher accesses resources, supports, and specialized assistance and services to meet particular learning differences or needs and participates in the design and implementation of the IEP, where appropriate, through curriculum planning and curricular and instructional modifications, adaptations, and specialized strategies and techniques, including the use of assistive technology.

ii. Essential Knowledge:

(1) The teacher utilizes resources related to educational strategies for instruction and methods of teaching to accommodate individual differences and to employ positive behavioral intervention techniques for students with autism and other developmental disabilities;

(2) The teacher understands and identifies differences in approaches to learning and performance and knows how to design instruction that uses each learners strengths to promote growth;

(3) The teacher understands students with exceptional needs, including those associated with disabilities and giftedness, and knows how to use strategies and resources to address these needs;

(4) The teacher knows about second language acquisition processes and knows how to incorporate instructional strategies and resources to support language acquisition;

(5) The teacher understands that learners bring assets for learning based on their individual experiences, abilities, talents, prior learning, and peer and social group interactions, as well as language, culture, family, and community values; and

(6) The teacher knows how to access information about the values of diverse cultures and communities and how to incorporate learners experiences, cultures, and community resources into instruction.

iii. Critical Dispositions:

(1) The teacher believes that all learners can achieve at high levels and persists in helping each learner reach his or her full potential;

(2) The teacher respects learners as individuals with differing personal and family backgrounds and various skills, abilities, perspectives, talents, and interests;

(3) The teacher makes learners feel valued and helps them learn to value each other; and

(4) The teacher values diverse languages, dialects, and cultures and seeks to integrate them into his or her instructional practice to engage students in learning.

Standard Three: Learning Environments. The teacher works with others to create environments that support individual and collaborative learning, and that encourage positive social interaction, active engagement in learning, and self motivation.

i. Performances:

(1) The teacher collaborates with learners, families, and colleagues to build a safe, positive learning climate of openness, mutual respect, support, and inquiry;

(2) The teacher develops learning experiences that engage learners in collaborative and self-directed learning and that extend learner interaction with ideas and people locally and globally;

(3) The teacher collaborates with learners and colleagues to develop shared values and expectations for respectful interactions, rigorous academic discussions, and individual and group responsibility for quality work;

(4) The teacher manages the learning environment to actively and equitably engage learners by organizing, allocating, and coordinating the resources of time, space, and learners attention;

(5) The teacher uses a variety of methods to engage learners in evaluating the learning environment and collaborates with learners to make appropriate adjustments;

(6) The teacher communicates verbally and nonverbally in ways that demonstrate respect for and responsiveness to the cultural backgrounds and differing perspectives learners bring to the learning environment;

(7) The teacher promotes responsible learner use of interactive technologies to extend the possibilities for learning locally and globally; and

(8) The teacher intentionally builds learner capacity to collaborate in face-to-face and virtual environments through applying effective interpersonal communication skills.

ii. Essential Knowledge:

(1) The teacher understands the relationship between motivation and engagement and knows how to design learning experiences using strategies that build learner self-direction and ownership of learning;

(2) The teacher knows how to help learners work productively and cooperatively with each other to achieve learning goals;

(3) The teacher knows how to collaborate with learners to establish and monitor elements of a safe and productive learning environment including norms, expectations, routines, and organizational structures;

(4) The teacher understands how learner diversity can affect communication and knows how to communicate effectively in differing environments;

(5) The teacher knows how to use technologies and how to guide learners to apply them in appropriate, safe, and effective ways; and

(6) The teacher understands the relationship among harassment, intimidation, bullying, violence, and suicide and knows how and when to intervene.

iii. Critical Dispositions:

(1) The teacher is committed to working with learners, colleagues, families, and communities to establish positive and supportive learning environments;

(2) The teacher values the role of learners in promoting each others learning and recognizes the importance of peer relationships in establishing a climate of learning;

(3) The teacher is committed to supporting learners as they participate in decision-making, engage in exploration and invention, work collaboratively and independently, and engage in purposeful learning; and

(4) The teacher seeks to foster respectful communication among all members of the learning community.

Standard Four: Content Knowledge. The teacher understands the central concepts, tools of inquiry, and structures of the discipline(s) he or she teaches, particularly as they relate to the New Jersey Student Learning Standards and creates learning experiences that make these aspects of the discipline accessible and meaningful for learners to assure mastery of the content.

i. Performances:

(1) The teacher effectively uses multiple representations and explanations that capture key ideas in the discipline, guide learners through learning progressions, and promote each learners achievement of content standards;

(2) The teacher engages students in learning experiences in the discipline(s) that encourage learners to understand, question, and analyze ideas from diverse perspectives so that they master the content;

(3) The teacher engages learners in applying methods of inquiry and standards of evidence used in the discipline;

(4) The teacher stimulates learner reflection on prior content knowledge, links new concepts to familiar concepts, and makes connections to learners experiences;

(5) The teacher recognizes learner misconceptions in a discipline that interfere with learning, and creates experiences to build accurate conceptual understanding;

(6) The teacher evaluates and modifies instructional resources and curriculum materials for their comprehensiveness, accuracy for representing particular concepts in the discipline, and appropriateness for his or her learners;

(7) The teacher uses supplementary resources and technologies effectively to ensure accessibility and relevance for all learners;

(8) The teacher creates opportunities for students to learn, practice, and master academic language in their content; and

(9) The teacher accesses school and/or district-based resources to evaluate the learners content knowledge.

ii. Essential Knowledge:

(1) The teacher understands major concepts, assumptions, debates, processes of inquiry, and ways of knowing that are central to the discipline(s) he or she teaches;

(2) The teacher understands common misconceptions in learning the discipline and how to guide learners to accurate conceptual understanding;

(3) The teacher knows and uses the academic language of the discipline and knows how to make it accessible to learners;

(4) The teacher knows how to integrate culturally relevant content to build on learners background knowledge;

(5) The teacher has a deep knowledge of student content standards and learning progressions in the discipline(s) he or she teaches;

(6) The teacher understands that literacy skills and processes are applicable in all content areas and help students to develop the knowledge, skills, and dispositions that enable them to construct meaning and make sense of the world through reading, writing, listening, speaking, and viewing; and

(7) The teacher understands the concepts inherent in numeracy to enable students to represent physical events, work with data, reason, communicate mathematically, and make connections within their respective content areas in order to solve problems.

iii. Critical Dispositions:

(1) The teacher realizes that content knowledge is not a fixed body of facts but is complex, culturally situated, and ever evolving. He or she keeps abreast of new ideas and understandings in the field;

(2) The teacher appreciates multiple perspectives within the discipline and facilitates learners critical analysis of these perspectives;

(3) The teacher recognizes the potential of bias in his or her representation of the discipline and seeks to appropriately address problems of bias;

(4) The teacher is committed to work toward each learners mastery of disciplinary content and skills; and

(5) The teacher shows enthusiasm for the discipline(s) they teach and is committed to making connections to everyday life.

Standard Five: Application of Content. The teacher understands how to connect concepts and use differing perspectives to engage learners in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues.

i. Performances:

(1) The teacher develops and implements projects that guide learners in analyzing the complexities of an issue or question using perspectives from varied disciplines and cross-disciplinary skills (for example, a water quality study that draws upon biology and chemistry to look at factual information and social studies to examine policy implications);

(2) The teacher engages learners in applying content knowledge to real world problems through the lens of interdisciplinary themes (for example, financial literacy and environmental literacy);

(3) The teacher facilitates learners use of current tools and resources to maximize content learning in varied contexts;

(4) The teacher engages learners in questioning and challenging assumptions and approaches in order to foster innovation and problem solving in local and global contexts;

(5) The teacher develops learners communication skills in disciplinary and interdisciplinary contexts by creating meaningful opportunities to employ a variety of forms of communication that address varied audiences and purposes;

(6) The teacher engages learners in generating and evaluating new ideas and novel approaches, seeking inventive solutions to problems, and developing original work;

(7) The teacher facilitates learners ability to develop diverse social and cultural perspectives that expand their understanding of local and global issues and create novel approaches to solving problems; and

(8) The teacher develops and implements supports for learner literacy development across content areas.

ii. Essential Knowledge:

(1) The teacher understands the ways of knowing in his or her discipline, how it relates to other disciplinary approaches to inquiry, and the strengths and limitations of each approach in addressing problems, issues, and concerns.

(2) The teacher understands how current interdisciplinary themes (for example, civic literacy, health literacy, global awareness) connect to the core subjects and knows how to weave those themes into meaningful learning experiences;

(3) The teacher understands the demands of accessing and managing information as well as how to evaluate issues of ethics and quality related to information and its use;

(4) The teacher understands how to use digital and interactive technologies for efficiently and effectively achieving specific learning goals;

(5) The teacher understands critical thinking processes and knows how to help learners develop high level questioning skills to promote their independent learning;

(6) The teacher understands communication modes and skills as vehicles for learning (for example, information gathering and processing) across disciplines as well as vehicles for expressing learning;

(7) The teacher understands creative thinking processes and how to engage learners in producing original work; and

(8) The teacher knows where and how to access resources to build global awareness and understanding, and how to integrate them into the curriculum.

iii. Critical Dispositions:

(1) The teacher is constantly exploring how to use disciplinary knowledge as a lens to address local and global issues;

(2) The teacher values knowledge outside his or her own content area and how such knowledge enhances student learning; and

(3) The teacher values flexible learning environments that encourage learner exploration, discovery, and expression across content areas.

Standard Six: Assessment. The teacher understands and uses multiple methods of assessment to engage learners in examining their own growth, to monitor learner progress, and to guide the teachers and learners decision-making.

i. Performances:

(1) The teacher balances the use of formative and summative assessment as appropriate to support, verify, and document learning;

(2) The teacher designs assessments that match learning objectives with assessment methods and minimizes sources of bias that can distort assessment results;

(3) The teacher works independently and collaboratively to examine test and other performance data to understand each learners progress and to guide planning;

(4) The teacher engages learners in understanding and identifying quality work and provides them with effective descriptive feedback to guide their progress toward that work;

(5) The teacher engages learners in multiple ways of demonstrating knowledge and skill as part of the assessment process;

(6) The teacher models and structures processes that guide learners in examining their own thinking and learning as well as the performance of others;

(7) The teacher effectively uses multiple and appropriate types of assessment data to identify each students learning needs and to develop differentiated learning experiences;

(8) The teacher prepares all learners for the demands of particular assessment formats and makes appropriate accommodations in assessments or testing conditions, especially for learners with disabilities and language learning needs; and

(9) The teacher continually seeks appropriate ways to employ technology to support assessment practice both to engage learners more fully and to assess and address learner needs.

ii. Essential Knowledge:

(1) The teacher understands the differences between formative and summative applications of assessment and knows how and when to use each;

(2) The teacher understands the range of types and multiple purposes of assessment and how to design, adapt, or select appropriate assessments to address specific learning goals and individual differences, and to minimize sources of bias;

(3) The teacher knows how to analyze assessment data to understand patterns and gaps in learning, to guide planning and instruction, and to provide meaningful feedback to all learners;

(4) The teacher knows when and how to engage learners in analyzing their own assessment results and in helping to set goals for their own learning;

(5) The teacher understands the positive impact of effective descriptive feedback for learners and knows a variety of strategies for communicating this feedback;

(6) The teacher knows when and how to evaluate and report learner progress against standards; and

(7) The teacher understands how to prepare learners for assessments and how to make accommodations in assessments and testing conditions, especially for learners with disabilities and language learning needs.

iii. Critical Dispositions:

(1) The teacher is committed to engaging learners actively in assessment processes and to developing each learners capacity to review and communicate about their own progress and learning;

(2) The teacher takes responsibility for aligning instruction and assessment with learning goals;

(3) The teacher is committed to providing timely and effective descriptive feedback to learners on their progress;

(4) The teacher is committed to using multiple types of assessment processes to support, verify, and document learning;

(5) The teacher is committed to making accommodations in assessments and testing conditions, especially for learners with disabilities and language learning needs; and

(6) The teacher is committed to the ethical use of various assessments and assessment data to identify learner strengths and needs to promote learner growth.

Standard Seven: Planning for Instruction. The teacher plans instruction that supports every student in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross-disciplinary skills, and pedagogy, as well as knowledge of learners and the community context.

i. Performances:

(1) The teacher individually and collaboratively selects and creates learning experiences that are appropriate for curriculum goals and content standards, and are relevant to learners;

(2) The teacher plans how to achieve each students learning goals, choosing appropriate strategies and accommodations, resources, and materials to differentiate instruction for individuals and groups of learners;

(3) The teacher develops appropriate sequencing of learning experiences and provides multiple ways to demonstrate knowledge and skill;

(4) The teacher plans for instruction based on formative and summative assessment data, prior learner knowledge, and learner interest;

(5) The teacher plans collaboratively with professionals who have specialized expertise (for example, special educators, related service providers, language learning specialists, librarians, and media specialists) to design and jointly deliver, as appropriate, learning experiences to meet unique learning needs; and

(6) The teacher evaluates plans in relation to short- and long-range goals and systematically adjusts plans to meet each students learning needs and enhance learning.

ii. Essential Knowledge:

(1) The teacher understands content and content standards and how these are organized in the curriculum;

(2) The teacher understands how integrating cross-disciplinary skills in instruction engages learners purposefully in applying content knowledge;

(3) The teacher understands learning theory, human development, cultural diversity, and individual differences and how these impact ongoing planning;

(4) The teacher understands the strengths and needs of individual learners and how to plan instruction that is responsive to these strengths and needs;

(5) The teacher knows a range of evidence-based instructional strategies, resources, and technological tools, including assistive technologies, and how to use them effectively to plan instruction that meets diverse learning needs;

(6) The teacher knows when and how to adjust plans based on assessment information and learner responses; and

(7) The teacher knows when and how to access resources and collaborate with others to support student learning (for example, special educators, related service providers, language learner specialists, librarians, media specialists, and community organizations).

iii. Critical Dispositions:

(1) The teacher respects learners diverse strengths and needs and is committed to using this information to plan effective instruction;

(2) The teacher values planning as a collegial activity that takes into consideration the input of learners, colleagues, families, and the larger community;

(3) The teacher takes professional responsibility to use short- and long-term planning as a means of assuring student learning; and

(4) The teacher believes that plans must always be open to adjustment and revision based on learner needs and changing circumstances.

Standard Eight: Instructional Strategies. The teacher understands and uses a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections, and to build skills to apply knowledge in meaningful ways.

i. Performances:

(1) The teacher uses appropriate strategies and resources to adapt instruction to the needs of individuals and groups of learners;

(2) The teacher continuously monitors student learning, engages learners in assessing their progress, and adjusts instruction in response to student learning needs;

(3) The teacher collaborates with learners to design and implement relevant learning experiences, identify their strengths, and access family and community resources to develop their areas of interest;

(4) The teacher varies his or her role in the instructional process (for example, instructor, facilitator, coach, and audience) in relation to the content and purposes of instruction and the needs of learners;

(5) The teacher provides multiple models and representations of concepts and skills with opportunities for learners to demonstrate their knowledge through a variety of products and performances;

(6) The teacher engages all learners in developing higher order questioning skills and meta-cognitive processes;

(7) The teacher engages learners in using a range of learning skills and technology tools to access, interpret, evaluate, and apply information;

(8) The teacher uses a variety of instructional strategies to support and expand learners communication through speaking, listening, reading, writing, and other modes; and

(9) The teacher asks questions to stimulate discussion that serves different purposes (for example, probing for learner understanding, helping learners articulate their ideas and thinking processes, stimulating curiosity, and helping learners to question).

ii. Essential Knowledge:

(1) The teacher understands the cognitive processes associated with various kinds of learning (for example, critical and creative thinking, problem framing and problem solving, invention, and memorization and recall) and how these processes can be stimulated;

(2) The teacher knows how to apply a range of developmentally, culturally, and linguistically appropriate instructional strategies to achieve learning goals;

(3) The teacher knows when and how to use appropriate strategies to differentiate instruction and engage all learners in complex thinking and meaningful tasks;

(4) The teacher understands how multiple forms of communication (oral, written, nonverbal, digital, and visual) convey ideas, foster self-expression, and build relationships;

(5) The teacher knows how to use a wide variety of resources, including human and technological, to engage students in learning; and

(6) The teacher understands how content and skill development can be supported by media and technology and knows how to evaluate these resources for quality, accuracy, and effectiveness.

iii. Critical Dispositions:

(1) The teacher is committed to deepening awareness and understanding the strengths and needs of diverse learners when planning and adjusting instruction;

(2) The teacher values the variety of ways people communicate and encourages learners to develop and use multiple forms of communication;

(3) The teacher is committed to exploring how the use of new and emerging technologies can support and promote student learning; and

(4) The teacher values flexibility and reciprocity in the teaching process as necessary for adapting instruction to learner responses, ideas, and needs.

Standard Nine: Professional Learning. The teacher engages in ongoing individual and collaborative professional learning designed to impact practice in ways that lead to improved learning for each student, using evidence of student achievement, action research, and best practice to expand a repertoire of skills, strategies, materials, assessments, and ideas to increase student learning.

i. Performances:

(1) The teacher engages in ongoing learning opportunities to develop knowledge and skills in order to provide all learners with engaging curriculum and learning experiences based on local and State standards;

(2) The teacher engages in meaningful and appropriate professional learning experiences aligned with his or her own needs and the needs of the learners, school, and system;

(3) Independently and in collaboration with colleagues, the teacher uses a variety of data (for example, systematic observation, information about learners, and research) to evaluate the outcomes of teaching and learning and to adapt planning and practice; and

(4) The teacher actively seeks professional, community, and technological resources, within and outside the school, as supports for analysis, reflection, and problem-solving.

ii. Essential Knowledge:

(1) The teacher understands and knows how to use a variety of self-assessment and problem-solving strategies to analyze and reflect on his or her practice and to plan for adaptations/adjustments;

(2) The teacher knows how to use learner data to analyze practice and differentiate instruction accordingly; and

(3) The teacher knows how to build and implement a plan for professional growth directly aligned with his or her needs as a growing professional using feedback from teacher evaluations and observations, data on learner performance, and school- and system-wide priorities.

iii. Critical Dispositions:

(1) The teacher takes responsibility for student learning and uses ongoing analysis and reflection to improve planning and practice;

(2) The teacher is committed to deepening understanding of his or her own frames of reference (for example, culture, gender, language, abilities, and ways of knowing), the potential biases in these frames, and their impact on expectations for and relationships with learners and their families;

(3) The teacher sees himself or herself as a learner, continuously seeking opportunities to draw upon current education policy and research as sources of analysis and reflection to improve practice; and

(4) The teacher understands the expectations of the profession including codes of ethics, professional standards of practice, and relevant law and policy.

Standard Ten: Leadership and Collaboration. The teacher seeks appropriate leadership roles and opportunities to take responsibility for student learning, to collaborate with learners, families, colleagues, other school professionals, and community members to ensure learner growth, and to advance the profession.

i. Performances:

(1) The teacher takes an active role on the instructional team, giving and receiving feedback on practice, examining learner work, analyzing data from multiple sources, and sharing responsibility for decision-making and accountability for each students learning;

(2) The teacher works with other school professionals to plan and jointly facilitate learning on how to meet diverse needs of learners;

(3) The teacher engages collaboratively in the schoolwide effort to build a shared vision and supportive culture, identify common goals, and monitor and evaluate progress toward those goals;

(4) The teacher works collaboratively with learners and their families to establish mutual expectations and ongoing communication to support learner development and achievement;

(5) Working with school colleagues, the teacher builds ongoing connections with community resources to enhance student learning and well-being;

(6) The teacher engages in professional learning, contributes to the knowledge and skill of others, and works collaboratively to advance professional practice;

(7) The teacher uses technological tools and a variety of communication strategies to build local and global learning communities that engage learners, families, and colleagues;

(8) The teacher uses and generates meaningful research on education issues and policies;

(9) The teacher seeks appropriate opportunities to model effective practice for colleagues, to lead professional learning activities, and to serve in other leadership roles;

(10) The teacher advocates to meet the needs of learners, to strengthen the learning environment, and to enact system change; and

(11) The teacher takes on leadership roles at the school, district, State, and/or national level and advocates for learners, the school, the community, and the profession.

ii. Essential Knowledge:

(1) The teacher understands schools as organizations within a historical, cultural, political, and social context and knows how to work with others across the system to support learners;

(2) The teacher understands that alignment of family, school, and community spheres of influence enhances student learning and that discontinuity in these spheres of influence interferes with learning;

(3) The teacher knows how to work with other adults and has developed skills in collaborative interaction appropriate for both face-to-face and virtual contexts; and

(4) The teacher knows how to contribute to a common culture that supports high expectations for student learning.

iii. Critical Dispositions:

(1) The teacher actively shares responsibility for shaping and supporting the mission of his or her school as one of advocacy for learners and accountability for their success;

(2) The teacher respects families beliefs, norms, and expectations and seeks to work collaboratively with learners and families in setting and meeting challenging goals;

(3) The teacher takes initiative to grow and develop with colleagues through interactions that enhance practice and support student learning;

(4) The teacher takes responsibility for contributing to and advancing the profession; and

(5) The teacher embraces the challenge of continuous improvement and change.

Standard Eleven: Ethical Practice. The teachers acts in accordance with legal and ethical responsibilities and uses integrity and fairness to promote the success of all students.

i. Performances:

(1) The teacher reflects on his or her personal biases and accesses resources to deepen his or her own understanding of cultural, ethnic, gender, and learning differences to build stronger relationships and create more relevant learning experiences;

(2) The teacher advocates, models, and teaches safe, legal, and ethical use of information and technology including appropriate documentation of sources and respect for others in the use of social media;

(3) The teacher promotes aspects of students well-being by exercising the highest level of professional judgment, and working cooperatively and productively with colleagues and parents to provide a safe, healthy, and emotionally protective learning environment;

(4) The teacher maintains the confidentiality of information concerning students obtained in the proper course of the educational process and dispenses such information only when prescribed or directed by Federal and/or State statutes or accepted professional practice;

(5) The teacher maintains professional relationships with students and colleagues;

(6) The teacher provides access to various points of view without deliberate distortion of subject matter; and

(7) The teacher fosters and maintains a school environment which protects students from sexually, physically, verbally, or emotionally harassing behavior by recognizing, understanding, and conducting themselves in a sound and professionally responsible manner.

ii. Essential Knowledge:

(1) The teacher understands how personal identity, worldview, and prior experience affect perceptions and expectations, and recognizes how they may bias behaviors and interactions with others;

(2) The teacher understands laws related to learners rights and teacher responsibilities (for example, for educational equity, appropriate education for learners with disabilities, confidentiality, privacy, appropriate treatment of learners, reporting in situations related to possible child abuse, and responding to harassment, intimidation, bullying, and suicide);

(3) The teacher understands his or her professional responsibilities as reflected in constitutional provisions, statutes, regulations, policies, and collective negotiations agreements; and

(4) The teacher knows and understands strategies to foster professional and productive relationships with students and colleagues.

iii. Critical Dispositions:

(1) The teacher recognizes that an educators actions reflect on the status and substance of the profession;

(2) The teacher upholds the highest standards of professional conduct both as a practitioner in the classroom and as an employee vested with the public trust;

(3) The teacher recognizes, respects, and upholds the dignity and worth of students as individual human beings, and therefore deals with them justly and considerately; and

(4) The teacher recognizes his or her obligation to the profession of teaching and does not engage in any conduct contrary to sound professional practice and/or applicable statutes, regulations, and policy.

History

Amended by 46 N.J.R. 761(a), effective 5/5/2014.

N.J. Admin. Code § 6A:9-3.4 Professional Standards for School Leaders

School leader preparation, school district induction, and professional development programs shall align their learning opportunities with the Professional Standards for Educational Leaders 2015, developed by the National Policy Board for Educational Administration (NPBEA), incorporated herein by reference, available at http://www.npbea.org/wp-content/uploads/2017/06/Professional-Standards-for-Educational-Leaders_2015.pdf.

History

Amended by 47 N.J.R. 2978(a), effective 12/7/2015

Chapter 9A NEW JERSEY EDUCATOR PREPARATION PROGRAMS

Subchapter 1 SCOPE AND PURPOSE

N.J. Admin. Code § 6A:9A-1.1 Scope

This chapter sets forth the rules governing the approval of CEAS and CE educator preparation programs and their content. It also includes the rules governing how candidates are to be prepared to meet the requirements for certification.

History

Adopted by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-1.2 Purpose

(a) The purpose of this chapter is to establish a system of programs that prepare educators to continuously improve the quality of instruction and prepare New Jersey's students for post-secondary education and/or careers.

(b) Educator preparation programs shall function along a continuum of rigorous pre-professional preparation, certification, and professional development to prepare educators to support improved student achievement of the New Jersey Student Learning Standards (NJSLS).

History

Adopted by 47 N.J.R. 2982(a), effective 12/7/2015

Subchapter 2 DEFINITIONS

N.J. Admin. Code § 6A:9A-2.1 Scope

The definitions set forth at N.J.A.C. 6A:9-2.1 apply to the words and terms used in this chapter.

History

Amended by 55 N.J.R. 843(a), effective 5/1/2023

Subchapter 3 EDUCATOR PREPARATION PROGRAM APPROVAL

N.J. Admin. Code § 6A:9A-3.1 Approval criteria of educator preparation programs

(a) The Commissioner shall approve all educator preparation programs designed to lead to a State certificate, including educator preparation programs established by higher education institutions chartered in the State; out-of-State institutions that have a physical presence in New Jersey and are approved by the New Jersey Secretary of Higher Education; and educational organizations, school districts or consortia, or Commissioner-approved entities.

(b) Educator preparation program approval shall be based on the following:

Compliance with the State Professional Standards for Teachers and Professional Standards for School Leaders established at N.J.A.C. 6A:9-3.3 and 3.4;

The following accreditation requirements:

i. For CEAS educator preparation programs, accreditation through any professional education programmatic accreditation body recognized by the CHEA, or the United States Department of Education, or approved by the Commissioner; or

ii. For CE educator preparation programs designed to lead to an instructional certificate, accreditation through any professional education programmatic accreditation body recognized by the CHEA, or the United States Department of Education, or approved by the Commissioner;

Compliance with educator preparation program requirements in this chapter or at N.J.A.C. 6A:9B, as applicable; and

Performance, as indicated by the documentation required at N.J.A.C. 6A:9A-3.3(e), for operating programs.

(c) The Commissioner may consider available data and performance evidence from a program provider's existing educator preparation program(s) before approving any new program operated by the same program provider.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (l), rewrote the first sentence; added (m).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (a), substituted "Department" for "State Board" and added "approved by the State Board" to the end; added the last sentences in (j) and (m); and added (n).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)1, deleted "and" from the end; in (a)2, substituted "; and" for a period at the end; and added (a)3.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Rewrote the section.
Administrative correction.
See: 45 N.J.R. 1909(b).
Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).

N.J. Admin. Code § 6A:9A-3.2 The State Program Approval Council

(a) The Commissioner shall appoint a State Program Approval Council (Council) comprised of no more than 11 members who shall serve two-year, renewable terms. The State Program Approval Council shall be comprised of:

Four representatives from approved CEAS educator preparation programs;

Three representatives from approved CE educator preparation programs; and

Four educators from preschool through grade 12 schools.

(b) The Commissioner shall consult with the Council on matters pertaining to the quality of educator preparation programs designed to lead to an instructional certificate as required for teachers, pursuant to N.J.A.C. 6A:9B-8, an administrative certificate as required for administrators, pursuant to N.J.A.C. 6A:9B-12, and an educational service certificate as required for educational service personnel, pursuant to N.J.A.C. 6A:9B-14.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In the introductory paragraph of (a), inserted a comma following "(b) below"; in (a)4, substituted "A sequence of courses" for "No more than 30 semester hour credits of instruction" and inserted ", middle"; in the introductory paragraph of (a)5, inserted the last sentence; and added (a)5i through (a)5iv.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (a)1, substituted "educational technology and tools" for "computer literacy" and "career and technical" for "vocational-technical"; in (a)4, deleted "and" preceding "educating" and inserted ", and, effective 5/31/2010, integrating educational technology and tools into the curriculum and classroom"; and in (a)5, inserted the second sentence.

N.J. Admin. Code § 6A:9A-3.3 Approval process for educator preparation programs

(a) The Commissioner shall consider the State Program Approval Council's analysis of the proposed program and its recommendation for approval.

(b) All new or substantially revised educator preparation programs shall secure approval from the Commissioner prior to implementation.

An educator preparation program shall be considered substantially revised if changes are made to its course content or requirements, or clinical component structure or requirements.

(c) The Commissioner may re-approve all educator preparation programs at least every seven years. The Commissioner has the authority and discretion to periodically review educator preparation programs more frequently.

(d) The Commissioner may withdraw approval or require an educator preparation program to take corrective action if the Commissioner determines the program has failed, or is at risk of failing, to meet the criteria at N.J.A.C. 6A:9A-3.1(b).

(e) Documentation for the Commissioner's periodic review of educator preparation programs shall include, but need not be limited to, the following:

Candidate performance assessment scores and pass rates;
Number of educator candidates prepared in teacher shortage areas;

Placement and retention rates;

Evaluation data based on initial year(s) of teaching;

Scores and pass rates on State test(s) of subject matter knowledge and a Commissioner-approved test of basic reading, writing, and mathematics skills;
Follow-up survey of graduates and employers;
Preschool through grade 12 student achievement data, when available and relevant;
Number of educator candidates from diverse backgrounds, as evidenced by ethnicity, race, and gender; and
Evidence that demonstrates comprehensive pedagogical content knowledge preparation necessary to integrate literacy into all content areas and support the implementation of the NJSLS.

History

Recodified to N.J.A.C. 6A:9A-4.4 by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-3.4 Recodified

History

Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).
Rewrote (a).

Subchapter 4 CEAS EDUCATOR PREPARATION PROGRAMS

N.J. Admin. Code § 6A:9A-4.1 CEAS educator preparation program implementation

(a) CEAS educator preparation programs shall implement the program requirements pursuant to this subchapter. The program requirements shall be:

Applied equitably and in a non-discriminatory manner to all candidates, including transfer students. All admissions and retention processes shall be consistent with State and institutional affirmative action policies and goals; and
Considered minimum requirements. Higher education institutions and/or their CEAS educator preparation programs may require higher GPAs and higher levels of proficiency for educator preparation program admission, clinical component, and recommendation for certification.

(b) CEAS educator preparation programs shall develop procedures in compliance with this subchapter. The program procedures and components shall include:

Course requirements, pursuant to N.J.A.C. 6A:9A-4.2;
Formal admission to the educator preparation program, pursuant to N.J.A.C. 6A:9A-4.3;
Clinical component and the supervision of clinical practice, pursuant to N.J.A.C. 6A:9A-4.4;
Procedures for placing on probation, and dismissing from the program, candidates who fall below minimum requirements before graduation, including procedures for candidate appeals;
Recommendation of a candidate for a CEAS, pursuant to N.J.A.C. 6A:9A-4.4, including certification to the Department that the candidate has completed the CEAS requirements; and
Submission of educator preparation program data at the Department's request.

History

Adopted by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-4.2 CEAS educator preparation program course requirements

(a) The CEAS educator preparation program designed to lead to instructional certificates shall include:

A sequence of courses that is devoted to educator preparation and that builds upon the content knowledge and skills of the individual candidate;
A clinical component aligned with the Professional Standards for Teachers specified at N.J.A.C. 6A:9-3.3; and
Clinical experiences incorporated into courses leading up to, and including, clinical practice, pursuant to N.J.A.C. 6A:9A-4.4.

History

Amended and recodified from N.J.A.C. 6A:9A-3.2 by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-4.3 Admission to CEAS educator preparation programs

(a) A candidate shall be admitted to a CEAS educator preparation program only if the candidate meets the GPA and basic skills requirements at (b) and (d) below.

(b) The average cumulative GPA of the accepted cohort of candidates shall be at least 3.00, when a grade point of 4.00 equals an A grade and the cumulative GPA is earned in an undergraduate level prior to entering a CEAS educator preparation program, except each accepted individual candidate shall achieve at least a 2.75 GPA.

(c) A candidate for a post-baccalaureate or graduate degree shall hold a bachelor's degree from an accredited college or university, except a candidate enrolled in a combined bachelor's and graduate-degree program who may be pursuing a bachelor's degree from an accredited college or university.

(d) The candidate shall have achieved a Department-established minimum score on a Commissioner-approved test of basic reading, writing, and mathematics skills, except:

A candidate may demonstrate proficiency in the use of the English language and in mathematics by achieving a Commissioner-established qualifying minimum score on the SAT, ACT, or GRE pursuant to (d)1i below;

i. The Department shall maintain on its website a list of qualifying minimum scores for each test, which shall be approximately equal to the top-half percentile score for all test takers in the year the respective test was taken, for each year the data is available.

A candidate who starts a program in or after academic year 2022-2023 may demonstrate proficiency in the use of the English language and/or mathematics by holding a master's degree, or an advanced or higher degree, from an accredited institution of higher education with a minimum GPA of 3.00.

History

New Rule, R.2015 d.195, effective 12/7/2015.
See: 47 N.J.R. 1715(a), 47 N.J.R. 2982(a).
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9A-4.4 Clinical component and candidate supervision for CEAS educator preparation programs

(a) CEAS educator preparation programs shall assign to clinical practice candidates in the preparation program who have completed the following minimum clinical experience requirements:

Prior to starting clinical practice, all candidates shall have completed at least 50 hours of clinical experiences in a preschool, elementary, middle, and/or secondary school setting.
The clinical experiences shall:

i. Be incorporated into any higher education course taken prior to the start of clinical practice;

ii. Include at least two different classroom settings, with at least one in a special education setting, consisting of a classroom where students with IEPs are educated: either an inclusive setting, resource room, or a special classroom; and

iii. Increase in intensity, or control of the students, and duration as the candidate advances through the program.

(b) Clinical practice shall:

Occur during at least two semesters, according to the placement school district's schedule, including professional development days with the school district prior to the first day of class for students;
Occur at the same school site for the entire experience, if possible; and
Include at least 175 hours prior to one full-time semester. At least 100 hours of the 175 hours shall be completed throughout the semester immediately preceding the semester of full-time clinical practice.

(c) The candidate shall be placed within the endorsement subject that the candidate will pursue for certification. The candidate shall be under the direct and continuous personal supervision of an appropriately certified cooperating teacher.

(d) School districts shall be responsible for accepting and placing clinical interns as part of the continuum of professional education and development.

(e) A clinical supervisor shall:

Have had experience supervising, consulting, or otherwise working in an elementary or secondary school in contact with classroom teachers within the previous two years for all instructional certificate programs with the exception of the preschool endorsement. For preschool programs, the supervisor shall have had experience supervising, consulting, or otherwise working in an early childhood setting; and
Be employed by the program or university with demonstrated expertise in the field the individual is supervising.

(f) Clinical supervisors shall observe each assigned candidate at least once every other week during the candidate's semester of full-time clinical practice.

(g) A cooperating teacher assigned to guide and direct candidates shall:

Be approved by the chief school administrator, or the chief school administrator's designee, with input from the candidate's CEAS educator preparation program;
Have a minimum of three years of teaching experience, including one within the school district;
Possess a standard instructional certificate;
Have an appropriate certificate that coincides with the area of instruction for which the candidate is being prepared;
Be a full-time school district faculty member with demonstrated expertise in the field of mentoring/supervision; and
Be rated, beginning August 1, 2016, as effective or highly effective on the cooperating teacher's most recently received summative evaluation, pursuant to N.J.A.C. 6A:10-4.

i. A cooperating teacher in a school or school district not required pursuant to N.J.A.C. 6A:10-1 to issue summative evaluations shall demonstrate at least one year of effective teaching on the cooperating teacher's most recent evaluation, as determined by the cooperating teacher's supervisor.

(h) Cooperating teachers shall:

Provide continuous guidance and direction and weekly conferences to assist candidates in professional development; and
Consult with the chief school administrator, or the chief school administrator's designee, regarding the candidate's placement; however, the chief school administrator, or the chief school administrator's designee, shall make all final placement decisions regarding candidate and cooperating teacher pairings.

(i) CEAS educator preparation programs shall make available to cooperating teachers professional development opportunities and experiences that increase cooperating teachers' expertise in the field.

History

Amended and recodified from N.J.A.C. 6A:9A-3.3 by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-4.5 Recommendations for a certificate of eligibility with advanced standing (CEAS)

(a) CEAS educator preparation programs shall recommend to the Department certification only for candidates who have:

Completed the CEAS educator preparation program approved pursuant to this chapter;
Completed all requirements pursuant to N.J.A.C. 6A:9B-8 through 13. Higher education institutions and/or their CEAS educator preparation programs also may apply the exceptions at N.J.A.C. 6A:9B-8.2(c); and
Demonstrated continued competence, aptitude, motivation, and potential for outstanding success in educating students.

(b) CEAS educator preparation programs shall have up to one year from the date the candidate completed the approved program to recommend the candidate to the Department for issuance of a certificate.

History

New Rule, R.2015 d.195, effective 12/7/2015.
See: 47 N.J.R. 1715(a), 47 N.J.R. 2982(a).
Modified by Executive Order No. 103(2020), effective 5/1/2020.
See: 52 N.J.R. 1250(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).
Modified by Executive Order No. 103(2020), effective 11/30/2020.
See: 53 N.J.R. 5(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9A-4.6 Post-baccalaureate and graduate-level educator preparation programs

(a) An educator preparation program at a post-baccalaureate or graduate level, including a State-approved Master of Arts in Teaching (MAT), shall meet all requirements in this subchapter and at N.J.A.C. 6A:9A-3.

(b) A candidate who completes one of the following experiences shall be exempt from the clinical component at N.J.A.C. 6A:9A-4.4:

A prior clinical practice experience through a CEAS educator preparation program;
A standard instructional certificate pursuant to N.J.A.C. 6A:9B-8; or
At least one year of effective teaching under a valid in- or out-of-State license or certificate. The candidate shall provide an original letter documenting completion of at least one year of effective teaching from the candidate's supervisor(s), principal(s), or employing school district(s) human resources officer.

History

Amended and recodified from N.J.A.C. 6A:9A-3.4 by 47 N.J.R. 2982(a), effective 12/7/2015

Subchapter 5 CE EDUCATOR PREPARATION PROGRAMS

N.J. Admin. Code § 6A:9A-5.1 CE educator preparation program implementation

(a) CE educator preparation programs shall implement the subchapter's requirements, which shall be:

Applied equitably and in a non-discriminatory manner to all candidates, including transfer candidates. All admissions and retention processes shall be consistent with State and provider affirmative action policies and goals; and
Considered minimum educator preparation program requirements. CE educator preparation programs may require candidates to demonstrate higher levels of proficiency or competency for program admission and completion.

(b) CE educator preparation programs shall develop procedures in compliance with this subchapter. The program procedures and components shall include:

Admission to the CE educator preparation program, pursuant to N.J.A.C. 6A:9A-5.2;
A pre-professional component, pursuant to N.J.A.C. 6A:9A-5.3;
Curriculum and coursework requirements, pursuant to N.J.A.C. 6A:9A-5.4;
Completion of the program, pursuant to N.J.A.C. 6A:9A-5.5; and
Submission of educator preparation program data at the Department's request.

History

Adopted by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-5.2 Admission to CE educator preparation programs

(a) A candidate shall be admitted to a CE educator preparation program only if the candidate has completed by the start of the program the requirements for a CE, including the endorsement requirements at N.J.A.C. 6A:9B-9.

Candidates in programs for documented areas of teacher shortage shall complete the endorsement requirements at N.J.A.C. 6A:9A-5.6.

(b) Any CE educator preparation program enrolling candidates for academic year 2017-2018, or thereafter, shall accept candidates as a cohort. All candidates within the cohort shall begin the educator preparation program at the same time.

History

Adopted by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-5.3 Pre-professional component of CE educator preparation programs

The CE educator preparation program shall establish a criteria for the required 50 hours of pre-professional experience. The CE educator preparation program shall also ensure the candidate completes 50 hours of pre-professional experience. The 50 hours of pre-professional experience shall occur prior to the candidate's full-time professional teaching experience and shall include coursework and clinical experiences.

History

Adopted by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-5.4 Additional curriculum and course requirements for CE educator preparation programs

(a) Effective for candidates starting a CE educator preparation program in academic year 2017-2018, or thereafter, the CE educator preparation program for all instructional certificates shall include:

A minimum of 350 formal instructional hours or 24 semester-hour credits, which shall be completed over a minimum of two academic years.

i. A CE educator preparation program may accept up to 100 out of the total 350 formal instructional hours or up to six semester-hour credits from another educator preparation program approved pursuant to N.J.A.C. 6A:9A-3;

A sequence of courses that is devoted to professional educator preparation and that builds upon the content and skills of an individual candidate; and

Curriculum aligned with the Professional Standards for Teachers, pursuant to N.J.A.C. 6A:9-3.3.

History

Adopted by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-5.5 Completion of CE educator preparation program

(a) To complete a CE educator preparation program, a candidate shall:

Complete the requirements for the pre-professional experience, pursuant to N.J.A.C. 6A:9A-5.3;
Complete the minimum hours of instruction, pursuant to N.J.A.C. 6A:9A-5.4; and
Pass a Commissioner-approved performance assessment.

(b) A candidate who fails to complete the CE educator preparation program after two years may renew the candidate's provisional license, pursuant to N.J.A.C. 6A:9B-8.5, and may either remain in the candidate's current program or apply and be accepted to a new CE educator preparation program.

(c) A CE educator preparation program shall have up to one year from the date a candidate completes the approved program to recommend the candidate to the Department for issuance of a certificate.

History

New Rule, R.2015 d.195, effective 12/7/2015.
See: 47 N.J.R. 1715(a), 47 N.J.R. 2982(a).
Modified by Executive Order No. 103(2020), effective 5/1/2020.
See: 52 N.J.R. 1250(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).
Modified by Executive Order No. 103(2020), effective 11/30/2020.
See: 53 N.J.R. 5(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9A-5.6 Add-on endorsement programs for mathematics and science

(a) New Jersey colleges and universities, educational organizations, or other entities approved by the Commissioner may establish add-on endorsement programs designed to prepare certified teachers in mathematics and/or science.

(b) The Commissioner may approve educator preparation programs for add-on endorsement programs for currently certified teachers that meet all requirements in this subchapter or at N.J.A.C. 6A:9A-3, with the exception of N.J.A.C. 6A:9A-3.1(b)2.

In addition to the documentation demonstrating alignment to, and compliance with, this chapter, pursuant to N.J.A.C. 6A:9A-3.3(b), programs seeking approval pursuant to this section shall provide content-specific courses that prepare a candidate to teach in the endorsement area.

(c) Candidates entering an add-on endorsement program for mathematics or science approved pursuant to this section shall:

Hold a valid New Jersey CEAS or standard instructional certificate; and
Demonstrate at least two years of successful teaching under a valid New Jersey or out-of-State equivalent instructional certificate.

(d) Educator preparation programs seeking Commissioner approval for add-on endorsement programs for mathematics and science shall:

Hold Commissioner approval to operate a program pursuant to this subchapter prior to September 1. 2022;
Ensure coursework requirements for the endorsement area, pursuant to N.J.A.C. 6A:9B-10 and 11, are met;
Require candidates for an add-on mathematics or science endorsement enrolled in the program to successfully complete a minimum of six credits in the new content area prior to recommending a candidate for a CE in the new content area;
Provide content-specific mentoring and support for candidates for the duration of the provisional period; and
Ensure program completers meet all requirements for a standard certificate, including minimum number of required content credits or equivalent hours, which may include content-based pedagogy.

(e) Educator preparation programs approved pursuant to this section shall report the following data to the Commissioner annually in a Commissioner-prescribed format:

Candidate certification area, tracking number, race, gender, date of birth, employing school district, position, and teaching subject area;
Field experience location/school district, start and end dates, courses taught, hours completed, observations, and success rate;
Mentoring data;
Successful completion rate;
Standard certificate status of completers;
Content knowledge assessment pass rate; and

Retention rate.

History

Adopted by 47 N.J.R. 2982(a), effective 12/7/2015

N.J. Admin. Code § 6A:9A-5.7 CE educator preparation programs participating in the Alternate Route Interstate Reciprocity Pilot Program

(a) Pursuant to P.L. 2021, c. 57, this section implements the issuance of a CE to out-of-State candidates who enroll in the Alternate Route Interstate Reciprocity Pilot Program, which is a five-year program that may result in the issuance of a standard certificate to eligible candidates.

(b) CE educator preparation programs may develop and establish programs and procedures for admission of candidates to participate in the Alternate Route Interstate Reciprocity Pilot Program.

Meet all of the requirements for CE educator preparation programs pursuant to N.J.A.C. 6A:9A-5.1, 5.3, 5.4, 5.5, and 5.6;
Meet all of the requirements for accreditation and program approval at N.J.A.C. 6A:9A-3.1 and 3.2;
Establish requirements for program admission that ensure candidates meet the requirements at N.J.A.C. 6A:9B-8.8(d);
Develop a process for verifying a candidate's prior educator program completion and teaching experience;
Agree to accept earned credits or completed coursework hours from a prior educator preparation program for any out-of-State candidate who has not yet completed an educator preparation program.

i. The earned credits or completed coursework shall transfer into the approved CE educator preparation program and count toward program completion pursuant to the policies and processes established pursuant to (c)6 below;

Develop policies and processes to accept transfer earned credits and/or completed coursework hours; and
Develop systems and processes to ensure that candidates meet all of the requirements at N.J.A.C. 6A:9B-8.8.

History

Adopted by 55 N.J.R. 843(a), effective 5/1/2023

Subchapter 6 TEACHER LEADER PREPARATION PROGRAMS

N.J. Admin. Code § 6A:9A-6.1 Approval criteria and process for teacher leader preparation programs

(a) The Commissioner has the authority and discretion to approve all teacher leader preparation programs designed to lead to State certification, in accordance with N.J.A.C. 6A:9A-3.1. Teacher leader preparation program approval shall be based on the following:

Alignment to the Teacher Leader Model Standards, pursuant to N.J.S.A. 18A:26-2.19.f;
Compliance with teacher leader endorsement requirements, pursuant to N.J.A.C. 6A:9B-11A; and
Performance of operating programs, as indicated by the documentation required at (e) below.

(b) The approval process for teacher leader preparation programs shall be governed by N.J.A.C. 6A:9A-3.2, except N.J.A.C. 6A:9A-3.2(f).

Teacher leader preparation programs with accreditation, as defined in N.J.A.C. 6A:9-2.1, shall undergo periodic review at least every seven years following the Commissioner's initial approval;
Teacher leader preparation programs without accreditation shall undergo periodic review within three years of the Commissioner's initial approval, and at least every five years thereafter; and
The Commissioner has the authority and discretion to periodically review any teacher leader preparation program more frequently.

(d) The Commissioner shall withdraw approval or require a teacher leader preparation program to take corrective action if the Commissioner determines, at any time, that the program has failed, or is at risk of failing, to meet the criteria at (a) above.

(e) Documentation for the Commissioner's periodic review of teacher leader preparation programs shall include, but not be limited to, the following:

Candidate performance on a Commissioner-approved performance assessment;
Information on leadership responsibilities assumed by program graduates;

Graduate retention rates;

Follow-up survey of program graduates and employers; and

Diversity among teacher leader candidates as evidenced by ethnicity, race, and gender.

History

Adopted by 51 N.J.R. 724(b), effective 5/20/2019

N.J. Admin. Code § 6A:9A-6.2 Teacher leader preparation program implementation

(a) Teacher leader preparation programs shall implement the program requirements pursuant to this subchapter, which shall be:

Applied equitably and in a non-discriminatory manner to all candidates, including transfer students. All admissions and retention processes shall be consistent with State and institutional affirmative action policies and goals; and
Considered minimum requirements. Teacher leader preparation programs may require higher levels of proficiency for program admission, clinical component, and recommendation for certification.

(b) Teacher leader preparation programs shall develop procedures and components in compliance with this subchapter. The program procedures and components shall include:

Formal admission to the teacher leader program, pursuant to N.J.A.C. 6A:9A-6.3;
Procedures for accepting prior coursework or work experience(s) to count toward program completion, as determined pursuant to N.J.A.C. 6A:9A-6.4(c)2;
Curriculum, clinical requirements, and assessments, pursuant to N.J.A.C. 6A:9A-6.4;
Recommendation of a candidate for a teacher leader endorsement, pursuant to N.J.A.C. 6A:9A-6.6, including certification to the Department that the candidate has completed the endorsement requirements; and
Submission of teacher leader program data at the Department's request.

History

Adopted by 51 N.J.R. 724(b), effective 5/20/2019

N.J. Admin. Code § 6A:9A-6.3 Admission to teacher leader preparation programs

A candidate admitted to a teacher leader preparation program shall hold a valid standard instructional certificate, pursuant to N.J.A.C. 6A:9B.

History

Adopted by 51 N.J.R. 724(b), effective 5/20/2019

N.J. Admin. Code § 6A:9A-6.4 Teacher leader preparation program

(a) The teacher leader preparation program designed to lead to the teacher leader endorsement shall include:

A curriculum that is devoted to teacher leader preparation, is aligned with the Teacher Leader Model Standards, and builds upon the content knowledge and skills of the individual candidate;
Assessments that measure a candidate's knowledge of, and ability to demonstrate, the Teacher Leader Model Standards. The assessments shall include, but not be limited to, a Commissioner-approved performance assessment; and
Clinical experiences, pursuant to N.J.A.C. 6A:9A-6.5.

(b) The teacher leader preparation program shall occur over the course of at least one school year, or its equivalent, based on the academic calendar of the participating higher education institution, educational organization, other nonprofit entity, or combination thereof.

The number of credit hours or the equivalent hours that comprise the program; and
The number of credit hours or the equivalent hours that can be accepted to transfer into the program from either another teacher leader preparation program or previous work experience, which shall not exceed half of the program.

History

Modified by Executive Order No. 103(2020), effective 11/30/2020.
See: 53 N.J.R. 5(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9A-6.5 Teacher leader preparation program clinical requirements

(a) The teacher leader preparation program shall include clinical experiences embedded throughout the program's duration that shall be:

Facilitated by the program, including the assignment of an individual who possesses a teacher leader endorsement, or who holds an administrative certification or a certificate of eligibility for administrative certification, pursuant to N.J.A.C. 6A:9B-12, who is employed, and has utilized instructional leadership skills as defined by the Teacher Leader Model Standards, to provide support to the candidate during the clinical experience.

i. The program shall provide to the Department during the periodic review evidence that individuals providing support to candidates during the clinical experience are employed and have utilized instructional leadership skills as defined by the Teacher Leader Model Standards; and

Assessed by the program to ensure the candidate demonstrates the Teacher Leader Model Standards.

(b) School districts may allow teacher leader candidates to complete clinical experiences as part of the continuum of professional development and in lieu of their State-required hours of professional development, pursuant to N.J.A.C. 6A:9C-4.

History

Adopted by 51 N.J.R. 724(b), effective 5/20/2019

N.J. Admin. Code § 6A:9A-6.6 Recommendations for a teacher leader endorsement

(a) Teacher leader preparation programs shall recommend to the Department for issuance of the teacher leader endorsement only candidates who have:

Completed the teacher leader preparation program approved pursuant to this subchapter; and
Completed all requirements pursuant to N.J.A.C. 6A:9B-11A.

(b) Teacher leader preparation programs shall have up to one year from the date the candidate completed the approved program to recommend the candidate to the Department for issuance of the endorsement on the instructional certificate.

History

Adopted by 51 N.J.R. 724(b), effective 5/20/2019

Chapter 9B STATE BOARD OF EXAMINERS AND CERTIFICATION

Subchapter 1 SCOPE AND PURPOSE

N.J. Admin. Code § 6A:9B-1.1 Scope

This chapter sets forth the rules governing the licensure of educators or candidates required to be certified. It also contains the rules delineating the organization of, powers of, duties of, and proceedings before the State Board of Examiners.

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-1.2 Purpose

(a) The purpose of this chapter is to establish a licensure system that is based on professional standards for pre-service preparation and certification and that continuously serves to improve the quality of instruction for New Jersey's children to prepare them for post-secondary education and/or careers.

(b) The licensure system shall function along a continuum of rigorous pre-professional preparation, certification, and professional development to better prepare educators to support improved student achievement of the New Jersey Student Learning Standards.

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

Subchapter 2 DEFINITIONS

N.J. Admin. Code § 6A:9B-2.1 Definitions

The definitions set forth in N.J.A.C. 6A:9-2.1 shall apply to the words and terms used in this chapter.

History

Amended by 47 N.J.R. 2989(a), effective 12/7/2015

Subchapter 3 STATE BOARD OF EXAMINERS

N.J. Admin. Code § 6A:9B-3.1 General

(a) There shall be a Board of Examiners, consisting of the Commissioner, ex officio, and one assistant commissioner of education, two presidents of State colleges, one executive 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 librarian employed by the State or by one of its political subdivisions, one school business administrator, 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.

(b) The Assistant Commissioner shall be the chair of the Board of Examiners. The Director of the Office shall be the Secretary of the Board of Examiners.

(c) The chair of the Board of Examiners shall have the authority to appoint committees made up of less than a majority of the full Board of Examiners to assist in the conduct of the Board of Examiners' duties.

(d) The Board of Examiners shall hold its annual organization meeting prior to October 1 of each year.

(e) 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. Vacancies on the Board of Examiners shall be filled for the unexpired term only.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added (e).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (a), substituted "executive county superintendent" for "county superintendent"; and in (c), substituted "in the conduct of the Board's duties" for "the Board of Examiners in the conduct of its duties".

N.J. Admin. Code § 6A:9B-3.2 Powers and duties

(a) Upon review of certified scholastic records, documented experience, and/or examinations, the Board of Examiners shall:

Issue appropriate certificates to teach or to administer, direct, or supervise, the teaching, instruction, or educational guidance of students in public schools and all other certificates as the Board of Examiners is authorized to issue by law;
Revoke or suspend certificates issued, pursuant to N.J.A.C. 6A:9B-4.4; and
Refuse to issue a certificate under appropriate circumstances as set forth at N.J.A.C. 6A:9B-4.1.

(b) All Board of Examiners' actions shall be taken pursuant to rules adopted by the State Board at N.J.A.C. 6A:9 and this chapter.

Examine credentials and issue certificates that qualify individuals to seek employment as teaching staff members in the public schools of the State of New Jersey;
Recommend and develop procedures that govern the certification of teaching staff members;
Coordinate, monitor, and evaluate aspects of educator preparation programs and training programs of district boards of education that lead to educational certificates and recommend the programs' periodic approval by the Commissioner;
Coordinate, monitor, and evaluate the administration of assessments that are required for educational certification;
Maintain reciprocal agreements with other states and territories concerning the certification of teaching staff members;
Maintain and report data on the supply and quality of newly certified teaching staff members; and
Assist district boards of education in the employment of teaching staff members.

History

Amended by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-3.3 Board of Examiners' procedure

(a) Public meetings of the Board of Examiners shall be governed by Robert's Rules of Order Newly Revised (12th Edition), as amended and supplemented. A copy of this publication can be obtained from Perseus Publishing, Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge, MA 02142.

(b) Regular meetings of the Board of Examiners shall be held at such time, place, and on such dates as established by the Board of Examiners and notice of such meetings shall be made in accordance with N.J.S.A. 10:4-6 et seq., the Senator Byron M. Baer Open Public Meetings Act.

(c) Special meetings may be called by the Board of Examiners' chairperson at any time or at the request of any three members. Three days' notice of any special meeting shall be given to each member. The Board of Examiners shall provide "adequate notice" of such special meetings as that term is defined at N.J.S.A. 10:4-8.

(d) A quorum shall consist of a majority of the number of currently seated voting members of the Board of Examiners.

(e) If a member of the Board of Examiners is absent from three consecutive public meetings without good cause, the Board of Examiners may, by majority vote, remove that member for the remainder of the member's term.

History

Adopted by 55 N.J.R. 853(a), effective 5/1/2023

Subchapter 4 STATE BOARD OF EXAMINERS' PROCEEDINGS

N.J. Admin. Code § 6A:9B-4.1 Conduct barring candidate from certification

Notwithstanding that a candidate may meet requirements for certification, the Board of Examiners may refuse to issue a certificate to the candidate if it determines, based on the record before it, that the candidate is not suitable for employment as a teaching staff member in the public schools for reasons set forth at N.J.A.C. 6A:9B-4.4. This refusal shall be known as a blocked application.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Made a stylistic change.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Inserted designation (a); in (a), inserted "credentials,"; and added (b).
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Added (c).

N.J. Admin. Code § 6A:9B-4.2 Candidates to provide information regarding criminal history

(a) As part of the application for certification, a candidate shall advise the Office whether the candidate has a record of conviction(s) for any crime or offense in New Jersey or any other state or international jurisdiction. Candidates who have been convicted shall complete a form approved by the Secretary setting forth the details of the conviction(s).

(b) The Board of Examiners, or its designee, shall review all information the candidate provides and determine whether the candidate's criminal history is such that the candidate should not receive a certificate. In making its determination, the Board of Examiners shall consider the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-1 et seq., and whether the crime(s) or offense(s) would be disqualifying pursuant to N.J.S.A. 18A:6-7.1 et seq.

History

Amended and recodified from N.J.A.C. 6A:9B-4.3 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-4.3 School district and candidate reporting responsibility

(a) The chief school administrator shall notify the Board of Examiners when:

Tenured teaching staff members who are accused of criminal offenses or unbecoming conduct resign, retire, are suspended, or are placed on administrative leave from their positions;
Nontenured teaching staff members, including substitute teachers and any certificate holders working in school buildings as volunteers or as employees of a third-party vendor, who are accused of criminal offenses or unbecoming conduct resign, retire, or are removed from their positions;
A teaching staff member fails to maintain any license, certificate, or authorization that is mandated pursuant to this chapter for the holder to serve in a position;
The chief school administrator becomes aware that a teaching staff member has been convicted of a crime or criminal offense while in the school district's employ; or
The chief school administrator receives a report from the Department of Children and Families substantiating allegations of abuse or neglect, or establishing "concerns" regarding a teaching staff member.

(b) A school district shall cooperate with the Board of Examiners, as requested, to assist the Board of Examiners in executing its functions. Cooperation shall include, but not be limited to, providing documents, videos, emails, and investigative notes.

(c) School districts shall notify all employees new to the school district and shall notify annually all employees of the following reporting requirements. Failure to comply with this subsection may be deemed "just cause," pursuant to N.J.A.C. 6A:9B-4.4.

All certificate holders shall report to their chief school administrator their arrest or indictment for any crime or offense within 14 calendar days of the arrest or indictment. The reporting certificate holder shall provide the date of arrest or indictment and any charge(s) filed against the certificate holder.
Certificate holders arrested or indicted for any crime or offense shall report to their chief school administrator the disposition of any charge within seven calendar days of disposition.
A certificate holder shall report to their chief school administrator the suspension or revocation of any other license, certificate, or authorization issued to the certificate holder by a state or Federal agency or body. Such a report shall be made within seven calendar days of the notification date of the suspension or revocation of the license, certificate, or authorization.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a), inserted "or foreign jurisdiction".

N.J. Admin. Code § 6A:9B-4.4 Grounds for revocation and suspension of certification

(a) The Board of Examiners may revoke or suspend the certificate(s) of any certificate holder on the basis of demonstrated inefficiency, incapacity, conduct unbecoming a teacher, or other just cause.

Other just cause shall include, but not be limited to, offenses within the terms of the forfeiture statute, N.J.S.A. 2C:51-2, or the disqualification statute, N.J.S.A. 18A:6-7.1.

(b) The Board of Examiners may revoke or suspend a certificate upon evidence that the certificate holder did not meet the qualifications for the certificate at the time of issuance or no longer satisfies the criteria set forth at N.J.A.C. 6A:9B-5.1(b).

(c) The Board of Examiners shall not revoke or suspend a certificate without providing the certificate holder an opportunity to be heard, pursuant to N.J.A.C. 6A:9B-4.5.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Made a stylistic change in (a)2; and added (b).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)3, deleted "or" from the end; in (a)4, inserted "or criminal offense" and substituted "; or" for a period at the end; and added (a)5.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (a)2, inserted ", including substitute teachers,".

N.J. Admin. Code § 6A:9B-4.5 Process for initiating action against educator certificates

(a) The Board of Examiners may issue an order to show cause to a certificate holder if the Board of Examiners determines the conduct of the holder warrants the revocation or suspension of the certificate(s) held where:

The Commissioner transmits a contested case to the Board of Examiners that resulted in a teaching staff member's loss of tenure, dismissal, resignation, or retirement;
Pursuant to N.J.A.C. 6A:9B-4.3, a school district notifies the Board of Examiners that a teaching staff member is no longer employed in the school district;
The Board of Examiners receives information regarding a certificate holder's criminal conviction or pending criminal charges;
The Board of Examiners receives notice that:

i. Another state has taken action against a teaching staff member's certificate in that state; and

ii. That teaching staff member also holds a certificate in New Jersey;

Pursuant to N.J.S.A. 9:6-8.10, the Department of Children and Families forwards to the Board of Examiners a copy of a report in which the Department of Children and Families has substantiated that a certificate holder has abused or neglected a child or has identified concerns with the conduct of a certificate holder;
Pursuant to N.J.S.A. 18A:6-7.3, the Commissioner notifies the Board of Examiners that an individual who holds a New Jersey certificate is disqualified from employment in public schools or has pending charges for an offense that is disqualifying;
A certificate holder fails to maintain any license, certificate, or authorization that is mandated, pursuant to this chapter, for the holder to serve in a position;
Pursuant to N.J.S.A. 18A:6-38.1, the Commissioner recommends to the State Board of Examiners the revocation of the certification of the chief school administrator, assistant superintendent, or an individual operating in such capacity as authorized pursuant to N.J.A.C. 6A:9B-12.3, or the school business administrator based on information received from a school district in which the certificate holder is employed;

Pursuant to N.J.S.A. 18A:7A-55, the Board of Examiners becomes aware that any condition exists within a school district that would authorize the appointment of a State monitor. In such cases, the Board of Examiners shall review the certification of a school district's chief school administrator and school business administrator; or

Pursuant to P.L. 1989, c. 266 (N.J.S.A. 18A:4-14 et seq.) and P.L. 2007, c. 53 (N.J.S.A. 18A:55-3 et seq.), the Board of Examiners becomes aware that any school district is not in compliance with the generally accepted accounting principles (GAAP) system of double entry bookkeeping, as required. In such cases, the Commissioner shall recommend to the Board of Examiners that it review the certification of the school district's school business administrator.

(b) Nothing in this section shall preclude the Board of Examiners from issuing an order to show cause on its own initiative when the Board of Examiners determines grounds for revocation or suspension of a certificate may exist.

History

Amended and recodified from N.J.A.C. 6A:9B-4.6 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-4.6 Procedures for revoking or suspending a certificate

(a) After review of the information received pursuant to N.J.A.C. 6A:9B-4.5, the Board of Examiners shall determine by public vote whether to initiate action against the certificate holder. In cases where the Board of Examiners votes to initiate action against the certificate holder, the Secretary shall issue an order to show cause stating the specific charges that form the grounds of the revocation or suspension proceeding.

(b) The certificate holder shall file an answer with the Board of Examiners no later than 30 days from the date of mailing of the order to show cause. The answer shall respond specifically to each allegation. The Board of Examiners shall not accept general denials and shall deem them an admission.

(c) If the certificate holder does not file an answer within 30 days, the Secretary shall send a second notice affording an additional response time of 15 days from the date of the mailing of the second notice. The second notice shall also advise the certificate holder that the allegations against the certificate holder, as set forth in the order to show cause, shall be deemed admitted if the Board of Examiners does not receive any response within the specified time. The second notice shall further advise that the Board of Examiners shall proceed to a decision on the allegations in the order to show cause on the basis of the evidence before the Board of Examiners.

(d) If the certificate holder files an answer and there are material facts in dispute, the Board of Examiners shall either hear the matter directly or transmit the matter to the OAL for a hearing. The hearings at the OAL shall be heard in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(e) If the certificate holder files an answer and no material facts appear to be in dispute, the Secretary shall send the certificate holder a hearing notice informing the holder of the opportunity to submit written briefs, affidavits, and other supporting documentation for the Board of Examiners' consideration. The certificate holder shall submit all response papers within 30 days from the hearing notice's mailing date.

(f) After receipt of the written submissions pursuant to (e) above, the Secretary shall place the matter on the Board of Examiners' agenda and notify the certificate holder of the date the Board of Examiners will consider the matter. The notice shall advise the certificate holder whether the holder's appearance is necessary.

(g) The Board of Examiners may transmit the matter to the OAL if, after review of the written submissions, the Board of Examiners determines that there are material facts in dispute. The Board of Examiners may identify the specific issues the OAL shall consider.

(h) In all cases, the Board of Examiners shall clearly articulate the findings of fact upon which its decision was based. If the Board of Examiners has decided a matter solely on the papers submitted by the certificate holder, the Board of Examiners shall set forth the reasons it deemed summary decision appropriate.

(i) Upon the certificate holder's application for an extension of time, the Secretary may extend the time for filing the answer pursuant to (c) above or for filing the hearing brief pursuant to (e) above, provided the application for the extension is submitted, in writing, prior to the expiration of the 30 days for filing the answer or the hearing brief.

(j) The Office may refuse to issue a new certificate to a certificate holder who is otherwise eligible for the additional certificate if the holder is the subject of:

A pending action to revoke or suspend the holder's certificate(s) pursuant to this section;
A blocked application, pursuant to N.J.A.C. 6A:9B-4.1;
A criminal action in any state or jurisdiction; or
An administrative action or investigation by a state or Federal agency or other governmental body. (k) All filings made pursuant to this section shall be accepted by electronic submission.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (b)3, added the last sentence; and added (d).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)3, inserted "or pending criminal charges"; in (a)6, inserted "or has pending charges for an offense that is disqualifying"; and in (b)2, inserted "mailing".
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (a)7, deleted "or" from the end; in (a)8, substituted a semicolon for a period at the end; and added (a)9 through (a)11.

N.J. Admin. Code § 6A:9B-4.7 Return of certificates and notification after revocation or suspension of certificates

(a) If the Board of Examiners orders the revocation or suspension of a certificate, the certificate holder shall surrender it to the Secretary within 30 days after the mailing date of the revocation or suspension order, if the certificate holder was issued a paper certificate.

(b) After the Board of Examiners has revoked or suspended a certificate, the Secretary shall notify:

The states, territories, and other agencies that are part of the National Association of State Directors of Teacher Education and Certification;
The executive county superintendents;
Appropriate governmental pension and annuity funds, or retirement services;
The chief school administrator in the employing school district; and 5. Any other agency or entity as may be required by law.

(c) The Board of Examiners may reinstate a suspended certificate at the end of the suspension period, provided the certificate holder has met all conditions that the Board of Examiners established in the suspension decision. If the suspension is pending the outcome of an underlying criminal proceeding, the certificate holder shall notify the Board of Examiners, in writing, of the outcome of the underlying criminal matter. If the certificate holder fails to notify the Board of Examiners, in writing, of the disposition of any criminal charge, the pending suspension shall continue until such time as the certificate holder presents new information relating to the disposition of the criminal charge and the Board of Examiners takes action upon receipt of the new information.

(d) All revocation and/or suspension decisions of the State Board of Examiners shall be published and publicly available. Decisions contain detailed information on the nature of the conduct and the penalty for such conduct.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (e), inserted "within 30 days from the date of mailing of the hearing notice" following "all response papers".
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Made a stylistic change in (d); and added (j).

N.J. Admin. Code § 6A:9B-4.8 Suspension of certificates for failure to give notice of intention to resign

(a) A teaching staff member employed by a district board of education who ceases, without the district board of education's consent, to perform the teaching staff member's duties prior to the expiration of the term of employment shall be deemed guilty of unprofessional conduct.

(b) Upon receiving notice of the fact, the Commissioner may suspend the certificate for a period not to exceed one year pursuant to N.J.S.A. 18A:26-10.

History

Amended by R.2004 d.306, effective 8/2/2004.
See: 36 N.J.R. 1636(a), 36 N.J.R. 3526(a).
In (b)5, inserted "by law" at the end of the sentence.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (a), substituted "30" for "20".

N.J. Admin. Code § 6A:9B-4.9 Application for certification after revocation or block

(a) A certificate that has been revoked for any of the grounds set forth in this chapter shall not be reinstated. An individual who has had a certificate revoked may file an application for a new certificate with the Board of Examiners.

(b) The Board of Examiners shall not issue a new certificate to a candidate whose certificate(s) has been revoked unless the following conditions are met:

The candidate satisfied all criteria for the certificate's issuance in effect at the time the candidate applied for the new certificate;
At least four years have passed since the effective date of the revocation of the previous certificate(s);
The candidate provided evidence demonstrating rehabilitation for the unbecoming conduct, incompetence, or other cause for the revocation;
If the revocation was due to the conviction of a crime that is not disqualifying pursuant to N.J.S.A. 18A:6-7.1 et seq., the candidate has submitted evidence that the candidate has been fully rehabilitated in accordance with N.J.S.A. 2A:168A-2 and that issuing a certificate to the candidate would not be detrimental to the public welfare;
The candidate complied with all conditions imposed by the revocation order; and
If the revocation arose from a criminal matter involving the candidate, the candidate provided evidence that the candidate has satisfied any condition imposed by the court, probation, plea bargain agreement, or any other entity.

(c) Notwithstanding the provisions at (b) above, the Board of Examiners shall not issue a new certificate to any candidate who is:

Ordered to forfeit a certificate(s) as part of a settlement in a tenure or criminal proceeding;
Barred from teaching again in the State of New Jersey by order of a court of competent jurisdiction;
Ordered to forfeit a certificate(s) or public employment as part of a plea bargain;
Ordered to forfeit a certificate(s) as a condition for entrance into a pre-trial intervention program as set forth in Rule 3.28 of the New Jersey Court Rules;
Ordered to forfeit a certificate(s) pursuant to a sentence imposed in a criminal proceeding;
Barred from employment in a school for any reason; or
Relinquishing a certificate(s), pursuant to N.J.A.C. 6A:9B-4.10.

(d) A candidate shall not be eligible to apply for a certificate after the Board of Examiners has blocked a prior application, pursuant to N.J.A.C. 6A:9B-4.1, unless the candidate seeks, by written application, leave from the Board of Examiners to apply and meets the following criteria:

At least one calendar year has passed since the Board of Examiners blocked the candidate's prior application;
The candidate demonstrates rehabilitation for the unbecoming conduct, incompetence, or other cause for the block;
If the block was due to the conviction of a crime that is not disqualifying pursuant to N.J.S.A. 18A:6-7.1 et seq., the candidate has submitted evidence that the candidate has been fully rehabilitated in accordance with N.J.S.A N.J.S.A. 2A:168A-2, and that issuing a certificate to the candidate would not be detrimental to the public welfare;
If the block arose from a criminal matter involving the candidate, the candidate provided evidence that the candidate has satisfied any condition imposed by the court, probation, plea bargain agreement, or any other entity; and
If the block arose from action taken against the candidate's out-of-State educator certificate(s), the candidate satisfied any condition associated with the action against the out-of-State certificate(s).

History

Amended and recodified from N.J.A.C. 6A:9B-4.10 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-4.10 Relinquishment of certificate without order to show cause

(a) The Board of Examiners may accept the relinquishment of all certificates held by an individual without issuance of an order to show cause.

(b) When accepted by the Board of Examiners, the relinquishment of a certificate in accordance with (a) above shall have the force and effect of a revocation, including, but not limited to, the notification requirements at N.J.A.C. 6A:9B-4.7(b).

(c) The individual seeking to relinquish a certificate(s) shall submit an affidavit to the Board of Examiners stating that the certificate holder:

Is relinquishing all certificates held;
Is waiving the right to a hearing pursuant to N.J.A.C. 6A:9B-4.6 and agrees not to institute in any forum proceedings concerning the relinquishment; and
Understands the relinquishment has the force and effect of a revocation with its attendant consequences.

(d) The Board of Examiners shall vote on whether to accept the relinquishment of the certificate(s). If the Board of Examiners votes to accept the relinquishment, the revocation shall be effective as of the date of the Board of Examiners' vote.

(e) If the certificate holder was issued a paper certificate(s), the holder shall return all paper certificates to the Board of Examiners. 1 Voluntary surrender of certificates and endorsements

History

Amended and recodified from N.J.A.C. 6A:9B-4.11 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-4.11 Voluntary surrender of certificates and endorsements

(a) A certificate holder may voluntarily surrender a certificate or endorsement if the holder has not been employed pursuant to that certificate or endorsement in the 10 years preceding the proposed surrender and if the holder submits to the Board of Examiners an affidavit stating the following:

The certificate holder is surrendering the certificate or endorsement voluntarily, and not pursuant to the conditions set forth at N.J.A.C. 6A:9B-4.10;
The certificate holder's employment history for the 10 years preceding the voluntary surrender, including official documentation from a school official, if applicable; and
The certificate holder has not been employed under the certificate or endorsement at issue in the 10 years preceding the voluntary surrender.

(b) The Board of Examiners shall review the application for a voluntary surrender. If the Board of Examiners votes to accept the surrender, the certificate or endorsement shall be deemed surrendered as of the date of the Board of Examiners' vote.

(c) If the certificate holder was issued a paper certificate(s), the holder shall return to the Board of Examiners the original certificate(s) or endorsement(s).

(d) Individuals who voluntarily surrender a certificate or endorsement may not apply for the same certificate or endorsement for three years from the effective date of the voluntary surrender. Candidates shall be subject to the certification requirements in effect at the time the new application is submitted.

(e) The Board of Examiners shall not accept a voluntary surrender when the certificate holder seeking to surrender the certificate(s) or endorsement(s) has a pending order to show cause issued against the certificate(s) or endorsement(s). 2 Appeals of Office certification decisions

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a), substituted a period for a colon at the end; and deleted (a)1 through (a)3.

N.J. Admin. Code § 6A:9B-4.12 Appeals of Office certification decisions

(a) A candidate for certification may appeal to the Board of Examiners an adverse decision of the Office regarding the candidate's eligibility.

The appeal shall be filed with the Board of Examiners within 60 days of the date of the decision at issue. For good cause shown, the Board of Examiners may relax the 60-day requirement.

(b) If a candidate receives an evaluation that identifies areas of deficiency in the certification requirements, pursuant to N.J.A.C. 6A:9B-5.3(c), the candidate may provide the Board of Examiners with evidence of alternative education and/or experience that the candidate considers equivalent to any area(s) of deficiency.

Waive any test, GPA, degree completion, or approved educator preparation program completion requirements;
Permit a candidate to substitute education and/or experience for any test, GPA, degree, or approved educator preparation program completion requirements; or
Issue a certificate that is expired and/or is not a type of certificate endorsement set forth at N.J.A.C. 6A:9B-9 through 11A.

(d) Upon receipt of a written request to file an appeal to the Board of Examiners, the Secretary shall provide the candidate with a copy of the appeals procedures, including the following:

The appeal shall be in the form approved by the Secretary and shall be accompanied by a sworn statement attesting to the facts in the appeal. The candidate shall be responsible for demonstrating by clear and convincing evidence that the candidate is eligible for the requested certificate pursuant to this chapter.
The Secretary shall examine for sufficiency the information submitted by the candidate and transmit it to the Board of Examiners for review.

The Secretary shall give a candidate at least 10 days notice of the Board of Examiners' meeting at which the appeal will be considered.

The candidate may be present at the meeting at which the Board of Examiners considers the appeal. If in attendance, the Board of Examiners may question the candidate regarding the candidate's submission.
The Board of Examiners shall review the information provided by the candidate and render a written decision including an explanation of the decision. The Secretary shall forward to the candidate a copy of the decision.
If the Board of Examiners determines a candidate is not eligible for the requested certificate, the candidate may not request an additional review by the Board of Examiners until one year has elapsed from the date of the Board of Examiners' decision and the applicant has obtained alternative education and/or experience. The Board of Examiners may relax the required time period for good cause shown.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Substituted "surrendered" for "revoked" following "shall be deemed".
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added "and endorsements" to section heading; in (a) through (d), inserted "or endorsement" wherever appearing, and made related stylistic changes throughout.

N.J. Admin. Code § 6A:9B-4.13 Appeal of a "disapproved," two "partially effective" or "ineffective" evaluations, or ineligibility for a standard certificate

(a) If a school district notifies the Office that a candidate is permanently ineligible for a renewal of the provisional certificate pursuant to the standard certificate evaluation requirements at N.J.A.C. 6A:9B-8.7, the candidate may initiate an appeal to the Board of Examiners. If an individual has received two "partially effective" or "ineffective" evaluations issued pursuant to N.J.A.C. 6A:10 and required at N.J.A.C. 6A:9B-8.6, only the second adverse evaluation shall be the subject of the appeal. The following procedures shall apply:

The candidate shall file a copy of the appeal with the Secretary, or the Secretary's designee, within 60 days of receipt of the standard certificate determination. The candidate's appeal shall take the form of a written submission, including a sworn statement attesting to the facts in the appeal, and evidence documenting the reason(s) why the candidate should be awarded a standard certificate or be granted an additional opportunity for provisional employment. The candidate shall provide a copy of the final evaluation issued pursuant to N.J.A.C. 6A:10 and required at N.J.A.C. 6A:9B-8.6.
The Secretary, or the Secretary's designee, shall forward to the school district that issued the standard certificate determination a copy of the candidate's appeal. Within 30 days from the date of the Secretary's letter notifying the school district of the appeal, the school district shall forward to the Secretary, or the Secretary's designee, a copy of all evaluations and the standard certificate recommendation. In addition, the school district shall submit a copy of either a response to the candidate's appeal of the school district's recommendation or a statement that it will rely solely on the evaluations submitted. The school district shall serve a copy of its response on the candidate and include a proof of service with the papers that are forwarded to the Secretary, or the Secretary's designee. Neither party shall submit additional papers without the Secretary's approval.
The candidate shall be responsible for demonstrating to the Board of Examiners why the candidate should be granted the relief requested. The Board of Examiners shall decide the appeal based on the written submissions and shall issue a written decision.
If the Board of Examiners determines there is a need for further fact-finding to decide an appeal of a standard certificate determination, the Board of Examiners may transmit the matter to the OAL for a hearing, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The parties to the hearing shall be the provisional teacher candidate and the school district that submitted the adverse standard certificate recommendation. The Board of Examiners shall consider the recommendation of the ALJ in deciding the appeal.

(b) The sole remedies that the Board of Examiners may provide an aggrieved candidate pursuant to this section are issuance of a standard certificate or an opportunity to seek further employment as a provisional teaching staff member. A provisional teaching staff member who seeks additional relief from the employing school district shall file a petition requesting such relief with the Commissioner in accordance with N.J.A.C. 6A:3.

(d) A candidate who is ineligible for a certificate and who does not contest the standard certificate determination pursuant to (a) above may petition the Board of Examiners for approval of an additional opportunity to seek provisional employment. The candidate shall be responsible for demonstrating to the Board of Examiners by clear and convincing evidence why the candidate would likely succeed if granted the requested opportunity. The following procedures shall apply:

Within 60 days of receipt of the standard certificate determination, the candidate shall file a copy of a written submission, a sworn statement attesting to the submission's facts, and evidence documenting why the Board of Examiners should grant the request. The candidate shall provide a copy of the final evaluation issued pursuant to N.J.A.C. 6A:10 and required at N.J.A.C. 6A:9B-8.6.
The Secretary shall forward to the school district a copy of the candidate's submission. Within 30 days from the date of the Secretary's letter to the school district, the school district shall forward to the Secretary its response to the candidate's request. The school district shall serve a copy of its response on the candidate and include a proof of service with the papers that are forwarded to the Secretary pursuant to this section. Neither party shall file additional papers without the Secretary's approval.
The Board of Examiners shall decide the request based solely on the written submissions and shall issue a written decision.

(e) No candidate shall have the right to relief pursuant to both (a) and (d) above. If a candidate requests both types of relief, the Board of Examiners shall provide the candidate an opportunity to elect which specific type of relief is sought. The Board of Examiners shall not proceed with hearing the appeal until the candidate has requested a specific remedy. 4 Motions

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Added (e).

N.J. Admin. Code § 6A:9B-4.14 Motions

(a) All motions in certification matters that have been transmitted to the OAL will be filed with the ALJ who has been assigned to hear the case and are subject to the rules that govern OAL hearings. For matters the Board of Examiners is deciding directly, pursuant to N.J.A.C. 6A:9B-4.6, or for matters in which the ALJ has forwarded the initial decision to the Board of Examiners, pursuant to N.J.A.C. 1:1-18.1(e), the party shall file motions with the Board of Examiners. All motions made prior to the Board of Examiners' decision to hear a matter directly shall be filed with the Board of Examiners.

(b) All motions filed with the Board of Examiners shall include a notice of motion, a proof of service, a brief conforming to the requirements at N.J.A.C. 6A:9B-4.17, a copy of the decision or order that is the subject of the motion, and an affidavit setting forth any fact not in the record upon which the moving party relies. The moving party shall serve on the Board of Examiners a copy of the moving papers and a proof of service. If the Board of Examiners is not deciding the matter directly, the moving party shall serve a copy of the papers on the attorney representing the Board of Examiners. The opposing party shall have 15 days from service of the motion to file a response. If no opposing brief is filed, the Board of Examiners shall consider the motion to be unopposed. No other briefs may be filed.

(d) Upon application of any party for an extension of time, the Secretary may extend the time for filing a motion or for filing the response to a motion, provided the extension application is requested prior to the expiration for filing or responding to a motion.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote (b) and (c).

N.J. Admin. Code § 6A:9B-4.15 Motions for reconsideration

(a) Any party may file with the Board of Examiners and serve on all other parties a motion to reconsider the Board of Examiners' decision. The party shall file the motion no later than 15 days from the decision's mailing date.

(b) The Board of Examiners may reconsider the decision based on evidence of:

Mistake, inadvertence, surprise or excusable neglect;
Newly discovered information that would likely alter the decision and could not have been discovered by due diligence in time for the hearing; or

Fraud, misrepresentation or misconduct of another party.

History

Amended and recodified from N.J.A.C. 6A:9B-4.20 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-4.16 Motions for stay

(a) A determination of revocation and/or suspension shall be effective upon the date contained within the decision. To stay the decision's effective date, the Board of Examiners must grant a motion to stay the decision.

A party shall make a motion for a stay of the Board of Examiners' decision pending appeal to the Commissioner in accordance with the procedures at N.J.A.C. 6A:9B-4.14.
The moving party shall file the motion for a stay within 30 days of the mailing date of the Board of Examiners' decision that is at issue.
The Board of Examiners shall meet to hear the motion to stay within 20 days of the date the motion is filed. A written decision on the motion shall not be required, but the Board of Examiners shall notify the moving party of the decision within five days of reviewing the motion and any opposition.

(b) The brief in support of the motion shall address the following standards to be met for granting a stay pursuant to Crowe v. DeGioia, 90 N.J. 126 (1982): 1. The moving party will suffer irreparable harm if the requested relief is not granted;

The legal right underlying the moving party's claim is settled;
The moving party has a likelihood of prevailing on the merits of the underlying claim; and
When the equities and interests of the parties are balanced, the moving party will suffer greater harm than the other party if the requested relief is not granted.

History

Amended and recodified from N.J.A.C. 6A:9B-4.21 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-4.17 Briefs and exceptions

(a) Briefs filed with the Board of Examiners in response to a notice of hearing served pursuant to N.J.A.C. 6A:9B-4.6 or in support of a motion shall not exceed 15 pages, exclusive of table of contents and appendix.

(b) Exceptions and reply exceptions filed in response to an initial decision issued by the OAL shall not exceed 15 pages.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote(a)1; and added (b).

N.J. Admin. Code § 6A:9B-4.18 Appeal of Board of Examiners decisions

A party may appeal adverse revocation and suspension decisions in accordance with N.J.A.C. 6A:4. A party may appeal all other Board of Examiners decisions to the Commissioner pursuant to N.J.A.C. 6A:3.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (a)1, added the last sentence; in the introductory paragraph of (d), substituted "who do not contest" for "who have not challenged"; rewrote (d)1; and added (d)1i.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)1, substituted "submission accompanied by a sworn statement attesting to the facts in the appeal and shall" for "statement and"; in (d)1, substituted "submission accompanied by a sworn statement attesting to the facts in the submission and shall include" for "statement and"; and added (e).

N.J. Admin. Code § 6A:9B-4.19 Motions

(a) All motions in certification matters that have been transmitted to OAL shall be filed with the ALJ who has been assigned to hear the case and shall be subject to the rules that govern OAL hearings. For those matters that the Board of Examiners is deciding directly pursuant to N.J.A.C. 6A:9B-4.7 or for those matters in which the ALJ has forwarded the initial decision to the Board of Examiners pursuant to N.J.A.C. 1:1-18.1(d), the party shall file motions with the Board of Examiners. All motions made prior to the Board of Examiners' decision to hear a matter directly shall be filed with the Board of Examiners.

(b) All motions filed with the Board of Examiners must include a notice of motion, a proof of service, a brief conforming to the requirements of N.J.A.C. 6A:9B-4.22, a copy of the decision or order that is the subject of the motion, and an affidavit setting forth any facts not in the record upon which the moving party relies. The moving party shall serve 21 copies of the moving papers and a proof of service on the Board of Examiners. If the Board of Examiners is not deciding the matter directly, the moving party shall serve a copy of the papers on the attorney representing the Board of Examiners. The opposing party shall have 15 days from service of the motion to file a response. If no opposing brief is filed, the Board of Examiners shall consider the motion to be unopposed. No other briefs may be filed.

(d) Upon application of any party for an extension of time, the Secretary may extend the time for filing a motion or for filing the response to the motion, provided that the application for an extension is requested prior to the time for filing or responding to a motion has expired.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added (d).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a), inserted the last sentence.

N.J. Admin. Code § 6A:9B-4.20 Motions for reconsideration

(b) The Board of Examiners may reconsider the decision based on evidence of:

Mistake, inadvertence, surprise or excusable neglect;
Newly discovered information that would probably alter the decision and which by due diligence could not have been discovered in time for the hearing; or
Fraud, misrepresentation or misconduct of another party.

History

Recodified to N.J.A.C. 6A:9B-4.15 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Motions for reconsideration".

N.J. Admin. Code § 6A:9B-4.21 Motions for stay

(a) A party shall make a motion for a stay of the Board of Examiners' decision pending appeal to the State Board in accord with the procedures set forth in N.J.A.C. 6A:9B-4.19. The moving party shall file the motion for a stay within 30 days of the date of mailing of the Board of Examiners' decision that is at issue.

(b) The brief in support of the motion shall address the following standards to be met for granting a stay pursuant to Crowe v. DeGioia , 90 N.J. 126 (1982):

The moving party will suffer irreparable harm if the requested relief is not granted;
The legal right underlying the moving party's claim is settled;
The moving party has a likelihood of prevailing on the merits of the underlying claim; and
When the equities and interests of the parties are balanced, the moving party will suffer greater harm than the other party if the requested relief is not granted.

History

Recodified to N.J.A.C. 6A:9B-4.16 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Motions for stay".

N.J. Admin. Code § 6A:9B-4.22 Briefs and exceptions

(a) Briefs filed with the Board of Examiners shall be in the following format:

Briefs filed in response to a notice of hearing served pursuant to N.J.A.C. 6A:9B-4.7 above shall not exceed 25 pages, exclusive of table of contents and appendix; and
Briefs in support of a motion shall not exceed 15 pages, exclusive of table of contents and appendix.

(b) Exceptions and reply exceptions filed in response to an initial decision issued by OAL shall not exceed 25 pages.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Section was "Briefs". Added new (b); and recodified former (b) as (c).

N.J. Admin. Code § 6A:9B-4.23 Appeal of Board of Examiners decisions

A party shall appeal adverse revocation and suspension decisions to the State Board in accord with N.J.A.C. 6A:4. A party shall appeal all other Board of Examiners decisions to the Commissioner of Education pursuant to N.J.A.C. 6A:3.

History

Recodified to N.J.A.C. 6A:9B-4.18 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Appeal of Board of Examiners decisions".

Subchapter 5 GENERAL CERTIFICATION POLICIES

N.J. Admin. Code § 6A:9B-5.1 Certificate required

(a) Pursuant to N.J.S.A. 18A:26-2, any person employed as a teaching staff member by a district board of education shall hold a valid and appropriate certificate.

(b) In addition to the requirements set forth in this subchapter, the certificate holder shall obtain any license, certificate, or authorization required by State or Federal law, a licensing board, or N.J.A.C. 6A:9B-4.1 and 4.2 for the individual to serve in a position. The district board of education that is considering employing the individual shall ensure the candidate holds all necessary licenses, certificates, or authorizations.

(c) The employing school district shall remove from the position any teaching staff member who fails to maintain the mandated license, certificate, or authorization as set forth at (b) above. Pursuant to N.J.A.C. 6A:9B-4.3(a), the school district also shall report to the Board of Examiners the teaching staff member's name.

History

Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (b), inserted a comma following the second occurrence of "certificate" and following "certificates", and deleted "in order" following "licensing board"; and in (c), substituted "school district" for "district" twice, and substituted "to the Board of Examiners the names of these individuals" for "the names of these individuals to the Board of Examiners".

N.J. Admin. Code § 6A:9B-5.2 Types of certificates or credentials

(a) Candidates for licensure may apply for the following certificates or credentials:

Certificate of eligibility;
Certificate of eligibility with advanced standing;
Provisional certificate;
Standard certificate;
Emergency certificate;
Limited certificate for noncitizen teachers;

Substitute credential;

Limited certificate of eligibility;

Limited certificate of eligibility with advanced standing; and/or

Nonresident military spouse temporary instructional certificate.

History

Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote (c); and in (d), inserted "executive".

N.J. Admin. Code § 6A:9B-5.3 Issuance of a certificate

(a) The Board of Examiners shall issue three categories of educational certificates: Instructional, Administrative, and Educational Services.

(b) The Board of Examiners shall issue the appropriate certificate upon the candidate's completion of all certification requirements in effect at the time the Office receives the application. Requirements include, but are not limited to, coursework, degree, assessments, fees, GPA, and all certificate rules at N.J.A.C. 6A:9B-8 through 15. An application shall be deemed filed when the Office has received the application and all required supporting documentation.

(c) If the candidate is not eligible for the certificate sought, the Office shall issue a written evaluation that identifies the deficiency(ies) for certification.

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-5.4 Certification responsibilities of the district board of education

(a) The chief school administrator of the employing district board of education shall require each newly employed teaching staff member, or each teaching staff member reassigned to a new grade level, subject area, or administrative position, to produce an appropriate certificate before the employee assumes any responsibility for the performance of assigned duties. The chief school administrator shall ensure the certificate is valid.

(b) Each chief school administrator annually shall report the names and teaching assignments of all teaching staff members to the Department in a Commissioner-prescribed format.

(c) A teaching staff member's contract or engagement shall cease and terminate if the employing district board of education is notified, in writing, by the executive county superintendent, or otherwise ascertains, that the teaching staff member is not, or has ceased to be, the holder of an appropriate certificate required for such employment. A teaching staff member's employment shall cease and terminate even if the term of employment pursuant to a contract or an engagement has not expired.

(d) If a properly notified district board of education fails to terminate the employment of an uncertified or improperly certified teaching staff member, the Commissioner may issue an order to show cause why an amount equaling the teaching staff member's per diem salary for each day the teaching staff member remains employed should not be withheld from the school district's State financial aid. If the district board of education fails to respond or show adequate cause within 20 days from the date the order to show cause was mailed, the Commissioner may reduce the school district's State financial aid by the determined amount of the uncertified or improperly certified teaching staff member's per diem salary. The district board of education may show adequate cause either by exhibiting an appropriate certificate or by terminating the employment of the uncertified or improperly certified teaching staff member.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (b), substituted "fee for a qualifying academic certificate" for "fee for an academic qualifying certificate" and amended the N.J.S.A. reference in 10.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added (b)11 and made related stylistic changes in (b)9 and (b)10.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (b)1, substituted "$ 170.00" for "$ 150.00"; in (b)2 and (b)7, substituted "$ 95.00" for "$ 75.00"; in (b)3, substituted "$ 125.00" for "$ 75.00"; in (b)4 and (b)6, substituted "$ 70.00" for "$ 50.00"; in (b)5, substituted "$ 60.00" for "$ 40.00"; in (b)10, deleted "and" from the end; in (b)11, substituted a semicolon for the period at the end; and added (b)12 and (b)13.

N.J. Admin. Code § 6A:9B-5.5 Assignment of titles

(a) Each district board of education shall assign to teaching staff members position titles that are recognized by the Department. To this end, the Department shall maintain and make available to school districts a list of approved job titles with corresponding authorized certificates.

(b) If a district board of education desires to use an unrecognized position title, or if a previously established unrecognized title exists, the following procedures shall apply:

Prior to appointing a candidate, the district board of education shall submit to the executive county superintendent a written request, including a detailed job description, for permission to use the proposed title.
The executive county superintendent shall exercise his or her discretion regarding approval of the request and shall determine the appropriate certification and title for the position.

(c) The executive county superintendent shall review annually all previously approved unrecognized position titles and shall determine whether the titles will be continued for the next school year.

(d) Decisions rendered by executive county superintendents regarding titles and certificates for unrecognized positions shall be binding upon future seniority determinations on a case-by-case basis.

History

Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (a), inserted the last sentence.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (a), substituted "to teaching staff members position titles" for "position titles to teaching staff members"; and in (b)1, (b)2, (c) and (d), inserted "executive".

N.J. Admin. Code § 6A:9B-5.6 Fees

(a) The fee schedule at (b) below shall be in addition to any tuition and fees for courses and credits offered in connection with Department-approved educator preparation programs and/or assessments required for certification.

(b) The following nonrefundable fee schedule applies:

For each CE and CEAS, which includes the issuance of the provisional certificate and standard certificate--$ 170.00;
For each emergency certificate--$ 95.00;
For each substitute credential--$ 125.00;

For each renewal of an emergency or provisional certificate--$ 70.00;

For each name change in the certification system - $ 20.00;
For each evaluation of credentials to determine eligibility to take a particular State certification examination or to obtain information concerning qualifications for certification--$ 70.00;
For each standard certificate issued without a prior provisional certificate - $ 95.00;
For each certificate that requires an assessment, a one-time assessment score service fee--$ 20.00;
For each letter the Office sends in response to a candidate's written request to verify assessment scores no longer available from the testing company--$ 25.00;
For an academic qualifying credential, pursuant to N.J.S.A. 18A:6-41--$ 30.00. If the candidate is not eligible, $ 20.00 will be refunded;
Upon completion of a Commissioner-approved administrator residency program, a one-time administrative fee--$ 200.00;

Upon completion of a Commissioner-approved CE educator preparation program for holders of an instructional CE, a one-time administrative fee--$ 100.00; and

For each limited CE and CEAS in instructional areas, which includes the issuance of the provisional certificate and standard certificate--$ 170.00.

(c) The fees at (b) above shall be waived once for military personnel and nonresident active-duty military spouses for an initial application.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Inserted "If the holder...be renewed again" in 1; and in 4, substituted "world" for "foreign" in the first sentence and inserted "The teacher shall...not be renewed".
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (a)1, inserted "upon demonstration that an application for citizenship is in process but has not yet been granted" and substituted "may be renewed for a third and final time upon demonstration that an application for citizenship continues to be in process and has been actively pursued by the applicant but has not yet been granted" for "shall not be renewed again".
Recodified from N.J.A.C. 6A:9-5.7 and amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (a)2, substituted "5.14" for "5.15"; and in (a)4, deleted the second occurrence of "the" preceding "number". Former N.J.A.C. 6A:9-5.6, Oath of allegiance required, repealed.

N.J. Admin. Code § 6A:9B-5.7 Citizenship requirement

(a) Except as set forth below, an applicant shall be a citizen of the United States to be eligible for a certificate.

Any citizen of another country who has declared an intention of becoming a United States citizen and who is otherwise qualified may be granted, with the Commissioner's approval, a teaching certificate for employment as a teacher by a district board of education as set forth at N.J.S.A. 18A:26-1. The certificate shall expire five years after issuance.

i. After the first five-year period, the certificate may be renewed up to three times, but not to exceed 20 years, upon demonstration that an application for citizenship continues to be in process and actively pursued by the applicant.

ii. The Board of Examiners may revoke a noncitizen certificate, pursuant to N.J.S.A. 18A:26-8.1, if the Board of Examiners is satisfied that the certificate holder has abandoned efforts to become a United States citizen or has become disqualified for citizenship.

In accordance with N.J.S.A. 18A:26-1, any citizen of another country who is employed as an exchange teacher by a district board of education, pursuant to N.J.A.C. 6A:9B-5.11, shall be exempt from the citizenship requirement. The teacher shall file with the district board of education a noncitizen oath to support the Constitution of the United States while employed, as required at N.J.S.A. 18A:6-7.
In accordance with N.J.S.A. 18A:26-1, any citizen of another country who is eligible for a limited certificate for noncitizen teachers for employment by a public school district, pursuant to N.J.A.C. 6A:9B-5.14, shall be exempt from the citizenship requirement. The teacher shall file with the district board of education a noncitizen oath to support the Constitution of the United States while employed, as required at N.J.S.A. 18A:6-7.
In accordance with N.J.S.A. 18A:26-1, a teacher of world 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 granted a teaching certificate and employed as a teacher by a district board of education. The teacher shall file with the district board of education a noncitizen oath to support the Constitution of the United States while employed, as required at N.J.S.A. 18A:6-7. The teacher shall not be required to complete the affidavit of intent to become a United States citizen. The noncitizen certificate shall be issued for a period of time equivalent to the 10 years less the number of years that the teacher has been a resident of the United States. This period shall not exceed 10 years and shall not be renewed.
In accordance with N.J.S.A. 18A:28-3, no teaching staff member shall acquire tenure unless the teaching staff member is, or until the teaching staff member becomes, a citizen of the United States.

History

Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Substituted "career and technical education" for "vocational".
Recodified from N.J.A.C. 6A:9-5.8 by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Former N.J.A.C. 6A:9-5.7, Citizenship requirement, recodified to N.J.A.C. 6A:9-5.6.

N.J. Admin. Code § 6A:9B-5.8 Minimum degree and age requirement

Applicants for teaching certificates shall be at least 18 years old, have graduated from an approved high school or have an equivalent education as determined by the Board of Examiners, and have received a bachelor's degree from an accredited higher education institution. The requirement of a bachelor's degree shall not apply to applicants for career and technical education endorsements as set forth at N.J.A.C. 6A:9B-11.3, for educational interpreter endorsements as set forth at N.J.A.C. 6A:9B-14.18, or for military science endorsements as set forth at N.J.A.C. 6A:9B-11.8.

History

Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Inserted the last three sentences.
Recodified from N.J.A.C. 6A:9-5.9 and amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Examination in physiology, hygiene and substance abuse issues requirement". Inserted a comma following the first occurrence of "hygiene" and the second occurrence of "applicants". Former N.J.A.C. 6A:9-5.8, Minimum degree and age requirement, recodified to N.J.A.C. 6A:9-5.7.

N.J. Admin. Code § 6A:9B-5.9 Examination in physiology, hygiene, and substance abuse issues requirement

Candidates for instructional certificates shall pass an examination in physiology, hygiene, and substance abuse issues. This examination may be course-related or may stand alone. The Department, or each educator preparation program approved pursuant to N.J.A.C. 6A:9A, shall design, administer, and evaluate the examination for applicants for certification.

History

Recodified from N.J.A.C. 6A:9-5.10 by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Former N.J.A.C. 6A:9-5.9, Examination in physiology, hygiene and substance abuse issues requirement, recodified to N.J.A.C. 6A:9-5.8.

N.J. Admin. Code § 6A:9B-5.10 Certification of military personnel and nonresident active-duty military spouses

(a) This section applies to former and current United States military personnel, including, but not limited to, veterans, active-duty, National Guard, and reserves.

(b) Military personnel who received an evaluation for certification before entering the military may continue under that evaluation, subject to the following provisions:

A request for reinstatement of the preservice status is made within a period of time equivalent to the length of the military service; and
A copy of a note of discharge or release under conditions other than dishonorable from the service is submitted.

(c) At the expiration of the time period equivalent to the length of military service, the military personnel shall be subject to the rules at N.J.A.C. 6A:9B-8 through 15.

(d) To prove military status, candidates shall submit either a copy of a DD214 with note of discharge or release under conditions other than dishonorable or a copy of a valid military identification card.

(e) Pursuant to N.J.S.A. 18A:26-2.14, a nonresident active-duty military spouse may apply for a temporary instructional certificate that authorizes employment as a teacher in New Jersey in accordance with the eligibility requirements and process at N.J.A.C. 6A:9B-8 10.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Added (c).
Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
In (c), substituted "Academic" for "Except as provided for in N.J.A.C. 6A:9-13.18, academic", inserted "instructional" in the first sentence, deleted "four-year" preceding the first occurrence of "college", and inserted the last two sentences.
Recodified from N.J.A.C. 6A:9-5.11 and amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote (b). Former N.J.A.C. 6A:9-5.10, Certification of veterans, recodified to N.J.A.C. 6A:9-5.9.

N.J. Admin. Code § 6A:9B-5.11 Exchange teachers

(a) A district board of education may employ a teacher from another state or country in exchange for one of its own teaching staff members for a period of up to one school year. The district board of education shall adopt a resolution stating the exchange teacher is employed as a substitute teacher for that teaching staff member during that school year.

(b) If the exchange teacher is a foreign national, the teacher shall comply with the requirements at N.J.A.C. 6A:9B-5.7(a)2.

(c) The district board of education shall request that the executive county superintendent issue a substitute credential to the exchange teacher, pursuant to N.J.A.C. 6A:9B-7.6.

History

Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
In (b), deleted "four-year" following "accredited".
Recodified from N.J.A.C. 6A:9-5.12 by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Former N.J.A.C. 6A:9-5.11, Validation of college degrees and college professional preparation, recodified to N.J.A.C. 6A:9-5.10.

N.J. Admin. Code § 6A:9B-5.12 Emergency certificate for candidates for educational services certificates

(a) An emergency certificate may be issued at any time during the academic year.

(b) All emergency certificates shall expire on July 31 of each year regardless of issuance date.

(c) A chief school administrator, or the chief school administrator's designee, may apply to the executive county superintendent for an emergency certificate for a candidate in authorized educational services areas if the chief school administrator, or the chief school administrator's designee, can demonstrate the inability to locate a qualified candidate with the required certificate for the position due to unforeseen shortages or other extenuating circumstances. The executive county superintendent may approve the application upon determining that there are no suitable certified candidates to fill the position.

(d) With the exception of the educational interpreter endorsement pursuant to N.J.A.C. 6A:9B-14.18(d) and (e), the certificate shall be renewable annually, up to a maximum of two times, at the request of the chief school administrator and approval of the executive county superintendent. Renewal shall be predicated upon demonstration of progress toward successful completion of coursework and assessments required for issuance of a CE, CEAS, or standard certificate. A candidate serving under an emergency certificate shall be employed under an emergency certificate for no more than a total of three years in any one educational services endorsement area regardless of the number of school districts in which the candidate serves.

(e) An emergency certificate shall be valid for employment only in the school district requesting the emergency certificate.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added "or authorized designee" to the end of (b) and made a related stylistic change.
Recodified from N.J.A.C. 6A:9-5.13 by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Former N.J.A.C. 6A:9-5.12, Recognition of advanced standing in a college, recodified to N.J.A.C. 6A:9-5.11.

N.J. Admin. Code § 6A:9B-5.13 Interstate contracts

In accordance with the NASDTEC Interstate Contract, the Commissioner and the Secretary may enter into contracts with other states to allow reciprocity of teachers' credentials between New Jersey and other states.

History

Recodified from N.J.A.C. 6A:9-5.14 by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Former N.J.A.C. 6A:9-5.13, Course information, recodified to N.J.A.C. 6A:9-5.12.

N.J. Admin. Code § 6A:9B-5.14 Limited certificate for noncitizen teachers

(a) Pursuant to N.J.S.A. 18A:26-1 and 8.1, a limited certificate for noncitizen teachers shall be a non-renewable certificate issued to citizens of other countries and shall be valid for three years. Certificate issuance shall be contingent upon the following:

The candidate's enrollment in an international agency or program approved by the candidate's country of origin; and
The candidate's completion of the requirements at (d) below.

(b) Prior to hiring a noncitizen teacher, the district board of education shall:

Demonstrate to the executive county superintendent its inability to locate a qualified teacher with the required certification for the position;

Submit to the executive county superintendent the candidate's application and supporting documentation; and
Maintain all documentation of its effort to employ an appropriately certified teacher.

(c) For the candidate to be eligible for the limited certificate for noncitizen teachers, the district board of education shall submit, on a candidate's behalf, evidence of the following:

Completion of a degree that is equivalent to a United States bachelor's degree as determined by a Department-approved international credentials evaluation service;
Completion of an academic major in the subject to be taught. Candidates hired to teach world languages shall be exempt from this requirement;

Achievement of the GPA requirement as set forth at N.J.A.C. 6A:9B-8.2(a)3;

Completion of a college educator preparation program in the candidate's home country as certified by a Department-approved international credentials evaluation service or the international agency or government of the candidate's country of origin, pursuant to (a) above;

Certification by the agency verifying the candidate's valid authorization to teach in the candidate's home country;

Certification by the agency verifying the candidate has completed a minimum of three years of successful full-time teaching experience in the subject area to be taught. World language teachers shall present evidence of three years of successful full-time teaching experience in any subject. The teacher may teach their native language upon demonstration of oral language proficiency as certified by the agency; and
Completion of a Department-approved, nationally recognized test assessing the ability to speak, read, and write the English language fluently.

(d) The holder of a limited certificate for noncitizen teachers shall be permitted to teach in bilingual education programs in the language that was the medium of instruction in the certificate holder's educator preparation program, and in the content area and/or grade level of preparation in the certificate holder's country of origin.

(e) The candidate shall sign a notarized noncitizen oath to support the Constitution of the United States.

(f) An agency or non-United States government seeking to operate a noncitizen teacher placement program in New Jersey may enter into an agreement with the Department stipulating the agency's or non-United States government's role in fulfilling the section's requirements. The agency or non-United States government placing noncitizen teachers pursuant to this section shall provide to the Department, upon request, at least, but not limited to, the following documentation:

Evidence of U.S. State Department authorization to sponsor J-1 visas;
A description of the program, including orientation materials and procedures, references from other states' agencies, and demonstration of prior experience in noncitizen teacher recruitment and placement; and
A description of the process by which the agency or non-United States government determines the noncitizen teacher's U.S. bachelor's degree equivalency, college teacher preparation equivalency, authorization to teach, oral language proficiency, and successful teaching experience.

(g) An agency or non-United States government shall provide to school districts and noncitizen teachers assistance with all aspects of the teacher placement process, including, but not limited to the following:

Recruitment and screening of qualified noncitizen teachers;

Orientation to prepare noncitizen teachers for their teaching assignments and daily life in the school community;

Orientation to prepare school districts to host noncitizen teachers;

Enrollment of noncitizen teachers in a health and accident insurance coverage plan that meets the requirements of the U.S. State Department for obtaining the J-1 visa;

Assignment of noncitizen teachers to instruct within their respective disciplines and provision of an ongoing monitoring and support system;
Replacement of any teacher whose performance is not satisfactory, as determined by the employing school district pursuant to the terms of the contract between the agency or non-United States government and employing school district; and
Determination of responsibility for payment of the program costs. The school district, the noncitizen teacher, and the agency shall determine who will incur the costs of sponsoring the noncitizen teacher pursuant to a contract signed by all parties. To maintain Department approval, the agency shall provide the Department with a current fee schedule outlining anticipated costs for participation in the program.

(h) An agency approved pursuant to this section shall be subject to periodic review. If the Department determines at any time during the agency's operation in New Jersey that it has failed to meet the criteria in this section, the agency shall cease operations in the State upon Department notification.

(i) The Board of Examiners may revoke or suspend a limited certificate for noncitizen teachers in accordance with N.J.A.C. 6A:9B-4.4, 4.5, and 4.6.

History

Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:9B-6.6 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Rewrote the section. Former N.J.A.C. 6A:9B-5.14, Exchange teachers, recodified to N.J.A.C. 6A:9B-5.11.
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-5.15 Persons employed to coach or serving as coach for interscholastic swimming and/or diving programs

(a) Persons employed to coach or serving as coach for interscholastic swimming and/or diving programs shall:

Hold a New Jersey certificate pursuant to the rules for hiring athletics personnel at N.J.A.C. 6A:9B-5.16(b); and
Meet the requirements for water safety training at N.J.A.C. 6A:9B-11.10(a) 2, 3, and

(b) The chief school administrator of the employing district board of education shall:

Annually notify the executive county superintendent of all persons employed to coach or serving as coach for interscholastic swimming and/or diving programs; and
Annually forward to the executive county superintendent copies of each valid certificate required at (a)2 above for every person employed to coach or serving as coach for interscholastic swimming and/or diving programs.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Inserted "The candidate shall . . . has been received" in (a).
Recodified from N.J.A.C. 6A:9-5.16 by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Former N.J.A.C. 6A:9-5.15, Exchange teachers, recodified to N.J.A.C. 6A:9-5.14.

N.J. Admin. Code § 6A:9B-5.16 Athletics personnel

(a) Any teaching staff member employed by a district board of education shall be permitted to organize students for purposes of coaching or for conducting games, events, or contests in physical education or athletics.

(b) School districts may employ any holder of either a New Jersey teaching certificate or a substitute credential, pursuant to N.J.A.C. 6A:9B-7, to work in the interscholastic athletic program, provided the position has been advertised. The 20-day limitation noted at N.J.A.C. 6A:9B-7.3(a) shall not apply to such coaching situations.

History

Recodified from N.J.A.C. 6A:9-5.17 by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Former N.J.A.C. 6A:9-5.16, Issuance of a certificate, recodified to N.J.A.C. 6A:9-5.15.

N.J. Admin. Code § 6A:9B-5.17 Educational technology resources and tools

(a) Every teacher shall demonstrate knowledge and understanding of educational technology resources and tools as described by the Professional Standards for Teachers at N.J.A.C. 6A:9-3.

(b) An endorsement shall not be required to deliver instruction in the use of educational technology resources and tools, except where career and technical endorsements are required for the related career clusters, career education, and consumer, family, and life skills, pursuant to N.J.A.C. 6A:9B-9.4.

(c) Every teacher shall integrate into the classroom appropriate educational technology resources and tools related to the content area being taught.

(d) The chief school administrator, or the chief school administrator's designee, may assign an individual to provide instruction in the use of educational technologies if the individual:

Demonstrates proficiency in the uses of educational technologies and understands their common applications in an educational setting;

Demonstrates knowledge and understanding of the integration in the curriculum of educational technologies;
Demonstrates understanding of the legal and ethical issues surrounding the use of educational technologies in preschool through grade 12 schools; and

Holds a CE, CEAS, or standard certificate in an instructional field.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (a), inserted "instructional" following "New Jersey".
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Section was "Persons assigned to coach swimming". Rewrote the introductory paragraph of (a); added (a)1 and (a)2; in (b)1 and (b)2, inserted "executive" and substituted "work with interscholastic swimming and/or diving programs" for "coach swimming and/or diving"; and in (b)2, substituted "(a)2" for "(a)".
Recodified from N.J.A.C. 6A:9-5.18 and amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Persons assigned to work with interscholastic swimming and/or diving programs". Rewrote the section. Former N.J.A.C. 6A:9-5.17, Replacement of lost certificates, recodified to N.J.A.C. 6A:9-5.16.

N.J. Admin. Code § 6A:9B-5.18 Reserved

History

Recodified to N.J.A.C. 6A:9B-5.16 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Athletics personnel".

N.J. Admin. Code § 6A:9B-5.19 Reserved

History

Recodified to N.J.A.C. 6A:9B-5.17 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Instruction in educational technology, computers, and other digital tools".

N.J. Admin. Code § 6A:9B-5.20 Reserved

History

Recodified to N.J.A.C. 6A:9-5.19 by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Instruction in educational technology, computers, and other digital tools".

N.J. Admin. Code § 6A:9B-5.21 Reserved

History

Repealed by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Conditional certificate to teach a world language".

N.J. Admin. Code § 6A:9B-5.22 Reserved

History

New Rule, R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Repealed by R.2007 d.10, effective 1/2/2007.
See: 38 N.J.R. 3205(a), 39 N.J.R. 29(a).
Section was "Structured learning experiences/career orientation coordination".

Subchapter 6 COLLEGE COURSES AND CERTIFICATION

N.J. Admin. Code § 6A:9B-6.1 Validation of college degrees and college professional preparation

(a) A candidate for certification shall hold a bachelor's degree or higher from an accredited college or university or a foreign higher education institution recognized by international accreditation agencies at the time of degree conferral.

(b) To meet the CEAS requirements, a candidate shall complete a CEAS educator preparation program, pursuant to N.J.A.C. 6A:9B-8.2, and coursework from the following entities shall be accepted:

A New Jersey college or university approved by the Commissioner for the preparation of teachers;
Out-of-State colleges approved by the state board, department of education, or department of higher education in the state in which the college is established and approved by the Department on the basis of reciprocal agreements; and
Accredited two-year colleges, provided the courses are accepted toward meeting the requirements for certification by a college or university approved by the Department.

(c) Required coursework for all instructional endorsements shall appear on the transcript of an accredited college or university, pursuant to N.J.A.C. 6A:9B-9.1(a)1 iii. Except as provided for at N.J.A.C. 6A:9B-14.18, academic preparation for all administrative and educational services endorsements shall appear on the transcript of an accredited college or university.

History

Amended and recodified from N.J.A.C. 6A:9B-5.10 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-6.2 Recognition of advanced standing in a college

(a) Advanced work completed in secondary school that is assigned college credit by the higher education institution the candidate attends shall be counted toward meeting the requirements for certification.

(b) When an accredited college or university grants advanced standing but does not award college credit for courses that were waived, the Department may accept the study that the college waived as college credit for purposes of certification.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Inserted "school" twice before "district"; and substituted "one renewal" for "two renewals".
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Inserted the last two sentences.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Substituted "Unless otherwise specified in N.J.A.C. 6A:9-13, educational" for "Educational".

N.J. Admin. Code § 6A:9B-6.3 Course information

(a) Courses completed by correspondence or distance learning may be accepted for certification purposes only if they are completed through an accredited college or university and appear on an official transcript from the college or university.

(b) Teaching a course in an accredited college or university shall be deemed the equivalent of having presented the course on a college transcript. Evidence of such teaching shall be submitted in the form of an original letter from the college president, dean, or authorized designee.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (a), deleted "one-year" following "certificate is a" in the first sentence and added "An emergency certificate . . . of issuance date"; and rewrote the first sentence of (c).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (b) and (c), substituted "executive county" for "county" twice; in (b), substituted "he or she in" for "he/she"; and in (c), deleted "the speech-language specialist endorsement pursuant to N.J.A.C. 6A:9-13.6(e) and" preceding "the educational", substituted "N.J.A.C. 6A:9-13.18(e) and" for "N.J.A.C. 6A:9-13.18(d) through", and inserted a comma following "CEAS".

N.J. Admin. Code § 6A:9B-6.4 Equivalency of coursework completed in other countries

(a) An applicant for a CE or CEAS who has completed college-level study in a country other than the United States shall present to the Office an equivalency report of that study from a Department-approved credentials evaluation agency.

(b) The Office shall accept only equivalency reports that include the following:

Courses that are equivalent to courses from a United States accredited four-year college or university;
A course-by-course listing and the semester-hour equivalent of each area of college-level study; and
The applicant's GPA at the conclusion of the degree program.

History

Amended and recodified from N.J.A.C. 6A:9B-5.13 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-6.5 Repealed

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Rewrote (c).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (d), inserted "instructional" following "period of 60"; recodified (j) and (k) as (k) and (l), added (j); and in (l), inserted "Controversies and Disputes" at the end.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Section was "County substitute credential". Rewrote the section.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (f), inserted the second through fourth sentences; in (g), substituted "career and technical education" for "vocational-technical"; and in (h), inserted "executive" preceding "county superintendent" three times and substituted "career and technical" and "career and technical education" for "vocational" and "vocational-technical" throughout.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.

N.J. Admin. Code § 6A:9B-6.6 Reserved

History

Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Recodified to N.J.A.C. 6A:9B-5.14 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Limited certificate for foreign teachers".

Subchapter 7 SUBSTITUTE CREDENTIAL

N.J. Admin. Code § 6A:9B-7.1 Issuance of substitute credential for positions requiring instructional certificates

(a) Pursuant to the limitations at N.J.A.C. 6A:9B-7.3(a), the substitute credential shall apply to a person who temporarily replaces a certified and regularly employed classroom teacher who is absent, or to a person who temporarily fills a vacancy. The assignment of a person with a substitute credential shall be made in accordance with (d) below and N.J.A.C. 6A:9B-7.7.

(b) Pursuant to N.J.S.A. 18A:6-38, the Board of Examiners shall issue substitute credentials and may revoke or suspend them in accordance with N.J.A.C. 6A:9B-4.4, 4.5, and 4.6.

(c) Holders of an instructional CE, an instructional CEAS, a standard instructional certificate, an administrative certificate, or an educational services certificate shall not be required to obtain a substitute credential before serving as a substitute teacher.

(d) Holders of a CE with a career and technical education endorsement or a standard certificate with a career and technical education endorsement shall obtain a substitute credential before serving as a substitute teacher.

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-7.2 Substitute credential requirements

(a) A candidate, or the candidate's designee, shall apply to the executive county superintendent for a substitute credential.

(b) A candidate for a substitute credential shall present documentation of a minimum of 30 semester-hour credits completed at an accredited college or university, unless the candidate qualifies for the career and technical education substitute credential, pursuant to N.J.A.C. 6A:9B-7.4.

(c) The candidate, or the candidate's designee, shall submit the candidate's signed application, official transcripts, signed and endorsed oath of allegiance, academic credentials, and appropriate fee, pursuant to N.J.A.C. 6A:9B-5.6(b)3, to the executive county superintendent for review and approval.

(d) A substitute credential shall be valid for five years from the date of issuance. Up to six months before expiration, a candidate may reapply for the substitute credential in accordance with this section.

(e) Prior to employment, the employing school district shall require any person serving as a substitute teacher to pass a criminal history background check unless the school district's chief school administrator can demonstrate to the Commissioner that special circumstances justify a substitute teacher's emergent employment in accordance with N.J.S.A. 18A:6-7.1c.

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-7.3 Time-period limitations for serving as a substitute teacher

(a) Holders of a substitute credential or holders of administrative or educational services certificates without an instructional CE, CEAS, or standard certificate shall substitute for no more than 20 instructional days in the same classroom per school year.

(b) Holders of the following qualifications shall be permitted to substitute in any school district for no more than 40 instructional days in the same classroom per school year:

Instructional CE, CEAS, or a standard certificate with an endorsement not within the scope of the subject being taught;

i. The school district shall notify the executive county superintendent if a holder of an instructional CE or CEAS substitutes for more than 20 instructional days in the same classroom; or

Career and technical education substitute credential, pursuant to N.J.A.C. 6A:9B-7.4.

(c) Holders of an instructional CE, CEAS, or standard certificate with an endorsement within the scope of the subject being taught shall be permitted to substitute for 60 instructional days in the same classroom per school year unless the school district notifies the executive county superintendent of an extension. The school district's notification shall demonstrate:

The school district was unable to hire an appropriately certified teacher for the vacant position;
The school district is filling the position subject to the limitations in a local contract or at N.J.A.C. 6A:9B-7.1; and
Holders of an instructional CE or CEAS with an endorsement within the scope of the subject being taught meet the following provisions:

i. CE or CEAS holders obtain a provisional certificate;

ii. CE or CEAS holders are enrolled in a district mentoring program upon obtaining a provisional certificate; and

iii. CE holders are accepted into a CE educator preparation program and will begin coursework in the program's next available cohort.

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-7.4 Career and technical education substitute credential

(a) The career and technical education substitute credential shall be required for a holder to serve as a substitute teacher for specific career and technical education skills.

All requirements at N.J.A.C. 6A:9B-7.1 and 7.2, except the 30 general semester-hour credits requirement at N.J.A.C. 6A:9B-7.2(b), shall apply to this credential. Instead of the 30 general semester-hour credits requirement, a career and technical education substitute credential shall be issued to a candidate who presents two years of full-time work or teaching experience in the appropriate career cluster. The experience shall be documented by an experience statement from an employer or presentation of a valid State or out-of-State occupational license.

(b) The holder of a career and technical education substitute credential shall be subject to the time period limitations at N.J.A.C. 6A:9B-7.3(b).

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-7.5 Substitute credential for positions not requiring instructional certificates

(a) The Board of Examiners may issue a substitute school nurse/non-instructional credential to the holder of a valid New Jersey registered professional nurse license.

All requirements in N.J.A.C. 6A:9B-7.1 through 7.3 shall apply to this credential except the 60 general semester-hour credits requirement in N.J.A.C. 6A:9B-7.3(a). Instead of the 60 general semester-hour credits requirement, a career and technical education substitute credential shall be issued to a candidate who presents two years of full-time work experience within the past five years in the appropriate career cluster. The work experience shall be documented by an experience statement from an employer or presentation of a valid occupational license.

(b) The Board of Examiners may issue a substitute educational interpreter credential to candidates with an associate or higher degree and who have completed the Educational Interpreter Performance Assessment (EIPA) with a minimum score of 3.5 or demonstrated interpreting skills as evidenced through the possession of a sign language certificate from the Registry of Interpreters for the Deaf or other Department-approved national accrediting agency for sign language interpreting. Substitute educational interpreters may serve for up to six months during the academic year.

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-7.6 Substitute credential for exchange teachers

A district board of education employing a teacher from another state or another country as an exchange teacher in accordance with N.J.A.C. 6A:9B-5.11(c) shall request that the Board of Examiners issue a substitute credential to the exchange teacher, pursuant to N.J.A.C. 6A:9B-5.11(c). The exchange teacher may serve for up to one year, pursuant to N.J.A.C. 6A:9B-5.11(a).

History

New Rule, R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Modified by Executive Order No. 103(2020), effective 1/5/2021.
See: 53 N.J.R. 153(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).
07688-16, 2016 N.J. AGEN LEXIS 1342, Final Administrative Determination (November 14, 2016).
Even though a Florida-certified teacher was misinformed by an employee of the N.J. Department of Education as to the minimum acceptable GPA that had to be met in order to obtain a Certificate of Eligibility with Advanced Standing (CEAS) in New Jersey, the Board of Examiners did not err in denying her application for a CEAS because governing law provided that the Board could not waive the requirement of a 2.75 GPA. Nor did the applicant take steps to supplement her GPA by submitting a qualifying Praxis score. That said, the teacher might well have a separate claim for equitable fraud. Flynn v. N.J. State Bd. of Ex'rs, OAL DKT. NO. EDU 07688-16, 2016 N.J. AGEN LEXIS 794, Initial Decision (September 27, 2016).

N.J. Admin. Code § 6A:9B-7.7 Fulfilling teacher vacancies and absences

(a) If a teaching position becomes vacant through retirement, resignation, or other cause for permanent departure from employment, the position shall be:

Temporarily covered by a substitute teacher; and

Permanently filled by the holder of a CE, CEAS, or standard certificate as quickly as possible, but no later than 45 calendar days after the vacancy's posting.

i. At the school district's request, the executive county superintendent may extend to 60 calendar days the requirement to permanently fill the vacancy.

ii. School districts filling long-term vacancies with CE or CEAS holders pursuant to this subchapter shall register certificate holders for a provisional certificate pursuant to N.J.A.C. 6A:9B-8.4.

(b) When a teacher holding an instructional certificate is expected to be absent for five or more consecutive instructional days, a school district shall make every reasonable effort to temporarily replace the teacher according to the following priority order:

A holder of a CE, CEAS, or standard certificate with an endorsement in the subject area or grade level appropriate to the classroom;
A holder of a CE, CEAS, or standard certificate with an endorsement outside the subject area or grade level appropriate to the classroom; and
A holder of a substitute credential or an administrative or educational services certificate.

(c) Nothing in this section shall preclude the use of a private contractor by a school district to secure a substitute teacher appropriate pursuant to this subchapter.

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

Subchapter 8 REQUIREMENTS FOR INSTRUCTIONAL CERTIFICATION

N.J. Admin. Code § 6A:9B-8.1 Instructional certificate

(a) Except as indicated at N.J.A.C. 6A:9B-8.8, candidates for a standard instructional certificate first shall obtain a CEAS or a CE, and then shall obtain a provisional certificate.

(b) The Board of Examiners shall issue the certificates at (a) above based on the requirements set forth in this subchapter and at N.J.A.C. 6A:9A.

(c) Candidates for an instructional certificate may apply directly to the Department, or the educator preparation program in which the candidate is enrolled may submit the requisite information on the candidate's behalf.

History

Amended by R.2004 d.416, effective 11/1/2004.
See: 36 N.J.R. 3237(a), 36 N.J.R. 4927(b).
Added (d) and (e).
Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (a)3, added the second sentence in the introductory paragraph and added i.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Made two stylistic changes in (a)2; deleted "who graduates on or after September 1, 2004"; and added (f) and (g).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)2, inserted the last sentence; and in (a)3, inserted "a major in the subject area or".
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In the introductory paragraph of (a), inserted "and (b) below"; in (a)2, substituted "in any year" for the second occurrence of ", 2004" and "of that same year" for the fourth and last occurrences of ", 2004", and deleted the third occurrence of ", 2004"; in (a)3, substituted "Until October 30, 2009, for" for "For"; added new (a)4; recodified former (a)4 and (a)5 as (a)6 and (a)7; added new (b); recodified former (b) through (f) as (c) through (g); deleted former (g); and added (h).
Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
Deleted (a)3; recodified (a)4 through (a)7 as (a)3 through (a)6; rewrote the introductory paragraph of (a)3; in (a)3i, inserted "as documented by the official transcript of a regionally accredited four-year college or university"; in (a)3iii, inserted "as documented by the official transcript of a regionally accredited college or university" and "as documented by the official transcript of a four-year, regionally accredited college or university", and deleted a comma following "senior"; in (a)4, deleted a comma following "Standards" and ", four-year" following "accredited"; in the introductory paragraph of (b), inserted a comma following "2009"; in (b)3, deleted "four-year" following "accredited"; and in (b)4, deleted a comma following "standards" and ", four-year" following "accredited".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Administrative correction.
See: 45 N.J.R. 2033(a).
Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).

N.J. Admin. Code § 6A:9B-8.2 Requirements for certificates of eligibility with advanced standing (CEAS)

(a) Except as indicated at N.J.A.C. 6A:9B-10 and 11, the candidate shall meet the following criteria to be eligible for a CEAS in instructional areas:

Hold a bachelor's or an advanced degree from an accredited college or university;
Meet all minimum requirements at N.J.A.C. 6A:9B-5, including, but not limited to, citizenship, age, and the examination in physiology, hygiene, and substance abuse;
Achieve a cumulative GPA of at least 3.00 when a GPA of 4.00 equals an A grade for candidates graduating on or after September 1, 2016, in a bachelor's degree program, higher degree program, or a State-approved post-baccalaureate certification program.

i. A candidate whose college transcript(s) demonstrates completion of all requirements for graduation prior to September 1 in any year, but whose bachelor's or higher degree was conferred between September 1 and December 31 of the same year, shall be deemed to have graduated prior to September 1 of the same year.

ii. A candidate who does not meet the 3.00 GPA requirement shall meet the exception criteria at (c) below.

Satisfy the endorsement requirements and exceptions pursuant to N.J.A.C. 6A:9B-9 through 11, including, but not limited to, passing the appropriate State test(s) of subject matter knowledge and completing the required subject-area course requirements;
Be recommended for State licensure by a New Jersey educator preparation program approved pursuant to N.J.A.C. 6A:9A-3, or an out-of-State program approved by the state in which it is located and pursuant to the out-of-State program rules in (b)2 through 5 below;

i. The New Jersey educator preparation program and out-of-State program shall submit the recommendation on an Office-provided form; and

Pass a Commissioner-approved performance-based assessment of teaching if graduated on or after September 1,

(b) To be eligible for a CEAS in instructional fields, the candidate shall complete one of the following educator preparation programs that shall include supervised clinical practice:

A New Jersey educator preparation program, graduate or undergraduate, approved by the Commissioner pursuant to N.J.A.C. 6A:9A-3;
An educator preparation program included in the interstate certification reciprocity system of NASDTEC;

An out-of-State educator preparation program approved by the Commissioner or any other national professional education accreditation body recognized by the Council on Higher Education Accreditation;

An educator preparation program approved for certification by the Department in one of the states party to the NASDTEC Interstate Contract, provided the program was completed on or after January 1, 1964, and the state in which the program is located would issue the candidate a comparable endorsement; or
An out-of-State college educator preparation program approved by the department of education in the state in which the program is located.

A candidate graduating before September 1, 2016, shall achieve a cumulative GPA of at least 2.75 when a GPA of 4.00 equals an A in a bachelor's degree program, higher degree program, or a Commissioner-approved post-baccalaureate certification program.
A candidate with a GPA that is below 3.00, but at least 2.75 when a GPA of 4.00 equals an A grade, and whose score on the appropriate State test of subject matter knowledge exceeds the passing score by 10 percent or more shall meet the requirements at (a)2 and 4 above.

(d) A candidate who has graduated from an accredited college or university that does not award grades and does not calculate GPAs shall be exempt from the requirements at (a)3 above.

Upon application, the candidate shall provide the Office with an original registrar's letter from the college or university bearing the college or university seal and clarifying the institution's policy regarding GPAs.
The candidate shall satisfy all other requirements for certification, without exception.

(e) The GPA requirements and their exceptions at (c) above shall apply to all relevant sections in this subchapter and for endorsements at N.J.A.C. 6A:9B-9 through 11.

History

Amended by R.2004 d.416, effective 11/1/2004.
See: 36 N.J.R. 3237(a), 36 N.J.R. 4927(b).
Added (d) and (e).
Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (a)3, added the second sentence in the introductory paragraph and added i.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Made two stylistic changes in (a)2; deleted "who graduates on or after September 1, 2004"; and added (f) and (g).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)2, inserted the last sentence; and in (a)3, inserted "a major in the subject area or".
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In the introductory paragraph of (a), inserted "and (b) below"; in (a)2, substituted "in any year" for the second occurrence of ", 2004" and "of that same year" for the fourth and last occurrences of ", 2004", and deleted the third occurrence of ", 2004"; in (a)3, substituted "Until October 30, 2009, for" for "For"; added new (a)4; recodified former (a)4 and (a)5 as (a)6 and (a)7; added new (b); recodified former (b) through (f) as (c) through (g); deleted former (g); and added (h).
Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
Deleted (a)3; recodified (a)4 through (a)7 as (a)3 through (a)6; rewrote the introductory paragraph of (a)3; in (a)3i, inserted "as documented by the official transcript of a regionally accredited four-year college or university"; in (a)3iii, inserted "as documented by the official transcript of a regionally accredited college or university" and "as documented by the official transcript of a four-year, regionally accredited college or university", and deleted a comma following "senior"; in (a)4, deleted a comma following "Standards" and ", four-year" following "accredited"; in the introductory paragraph of (b), inserted a comma following "2009"; in (b)3, deleted "four-year" following "accredited"; and in (b)4, deleted a comma following "standards" and ", four-year" following "accredited".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Administrative correction.
See: 45 N.J.R. 2033(a).
Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).
Recodified from N.J.A.C. 6A:9B-8.1 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Requirements for certificates of eligibility". Rewrote the section. Former N.J.A.C. 6A:9B-8.2, Requirements for the provisional certificate, recodified to N.J.A.C. 6A:9B-8.4.
Modified by Executive Order No. 103(2020), effective 5/1/2020.
See: 52 N.J.R. 1250(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).
Modified by Executive Order No. 103(2020), effective 11/30/2020.
See: 53 N.J.R. 5(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-8.3 Requirements for certificates of eligibility (CE)

(a) Except as indicated at N.J.A.C. 6A:9B-8.8, 10, and 11, the candidate shall meet the following criteria to be eligible for a CE in instructional areas:

Hold a bachelor's or an advanced degree from an accredited college or university;
Meet all minimum requirements at N.J.A.C. 6A:9B-5, including, but not limited to, citizenship, age, and examination in physiology, hygiene, and substance abuse requirements;
Achieve a cumulative GPA of at least 3.00 when a GPA of 4.00 equals an A grade for candidates graduating on or after September 1, 2016, in a bachelor's degree program, higher degree program, or a State-approved post-baccalaureate certification program.

i. A candidate whose college transcripts demonstrate completion of all requirements for graduation prior to September 1 in any year, but whose bachelor's or higher degree was conferred between September 1 and December 31 of the same year, shall be deemed to have graduated prior to September 1 of the same year.

ii. A candidate who does not meet the 3.00 GPA requirement shall meet the exception criteria at (b) below;

Satisfy the endorsement requirements and exceptions pursuant to N.J.A.C. 6A:9B-9, 10, and 11, including, but not limited to, passing the appropriate State test(s) of subject matter knowledge and completing the required subject-area course requirements; and
Achieve a minimum score established by the Department on a Commissioner-approved test of basic reading, writing, and mathematics skills, except:

i. A candidate may demonstrate proficiency in the use of the English language and in mathematics by achieving a minimum score established by the Commissioner on the SAT, ACT, or GRE pursuant to (a)5i(1) below.

(1) The Department shall maintain on its website a list of Commissioner-determined qualifying minimum scores for each test, which shall be the top-half percentile score for all test takers in the year the respective test was taken, for each year such data is available.

(2) A candidate shall qualify for the exception at (a)5i above only if the candidate achieves at least the minimum qualifying score posted pursuant to (a)5i(1) above; or

ii. A candidate may hold a master's or terminal degree with a minimum GPA of 3.00 from an accredited institution of higher education.

(b) The following exceptions shall apply to the 3.00 GPA requirement at (a) above:

A candidate graduating before September 1, 2016, shall achieve a cumulative GPA of at least 2.75 when a GPA of 4.00 equals an A in a bachelor's degree program, higher degree program, or a Commissioner-approved post-baccalaureate certification program.
A candidate with a GPA that is below 3.00, but at least 2.75 when a GPA of 4.00 equals an A grade, and whose score on the appropriate State test of subject matter knowledge exceeds the passing score by 10 percent or more shall meet the requirements at (a)2 and 4 above.
A candidate may have a cumulative GPA lower than 3.00, but equal to or higher than a 2.75 if the candidate is sponsored by a CE educator preparation program prior to applying for a CE, so long as the candidate is employed while participating in the CE educator preparation program. The candidate shall submit to the Department documentation of enrollment with the candidate's other certification documentation.

i. Candidates sponsored for the purpose of meeting the exception set forth in this section shall make up no more than 10 percent of a CE educator preparation program's annual accepted candidates.

(c) A candidate who has graduated from an accredited college or university that does not award grades and does not calculate GPAs shall be exempt from the requirements at (a)3 above.

Upon application, the candidate shall provide the Office with an original registrar's letter from the college or university bearing the college or university seal and clarifying the institution's policy regarding GPAs.
The candidate shall satisfy all other requirements for certification, without exception.

(d) The GPA requirements and their exceptions at (b) and (c) above shall apply to all relevant sections at N.J.A.C. 6A:9B-8, 9, 10, and 11.

(e) The candidate shall ensure official test scores are transmitted to the Office from the test vendor.

(f) A candidate who meets all requirements at N.J.A.C. 6A:9B-8.2(a)1 through 5 but did not take a state-approved performance assessment because it was not required for educator preparation program completion or for completion of an out-of-State certification program, pursuant to N.J.A.C. 6A:9B-8.2(b), shall be issued a CE. The candidate shall meet all requirements for provisional and standard certification, pursuant to N.J.A.C. 6A:9B-8.4 and 8.7, respectively, but shall be exempt from:

CE requirements at (a) above;
The provisional certificate requirement to be enrolled in a CE educator preparation program, pursuant to N.J.A.C. 6A:9B-8.4(a)4;
The provisional certificate renewal requirement to be enrolled in or to have completed a CE educator preparation program, pursuant to N.J.A.C. 6A:9B-8.5(b)4; and
The standard certificate requirement to complete a CE educator preparation program, pursuant to N.J.A.C. 6A:9B-8.7(a)4 ii.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Rewrote the first, second and last sentences in (b)1.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a), substituted "holder of a CE or CEAS" for "provisional teacher"; in (b)1, inserted "or 90 hours", substituted "in preparation for" for "shall take place prior to the time at which", "to take" for "takes" and "professional support and instruction" for "pre-professional support, instruction and clinical experiences and study"; in (b)2, inserted "or proportionally longer if the provisional teacher holds a part-time teaching position"; in (b)3, substituted "administrative designee" for "administrator"; in (b)4, substituted "A minimum of" for "Approximately" and updated the N.J.A.C. reference; in (d), substituted "providers" for "regional training centers"; and deleted (e).
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Deleted former (b)1; recodified former (b)2 through (b)4 as (b)1 through (b)3; in (b)3, substituted "Except for (b)4 and 5 below, a" for "A" and updated the N.J.A.C. reference; and added (b)4 and (b)5.
Administrative correction.
See: 42 N.J.R. 936(a).
Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
In (b)5i, deleted "four-year" following "accredited".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Amended by R.2014 d.073, effective 5/5/2014.
See: 45 N.J.R. 2524(a), 46 N.J.R. 761(a).
Section was "Requirements for State-approved district training programs". Rewrote the section.
Repeal and New Rule, R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Requirements for provisional teacher program".
Administrative change.
See: 48 N.J.R. 1802(a).
Petition for Rulemaking.
See: 51 N.J.R. 899(a).
See: 52 N.J.R. 72(a).
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-8.4 Requirements for the provisional certificate

(a) Except as indicated at N.J.A.C. 6A:9B-8.8, 10, and 11, a school district shall submit to the Office documentation that demonstrates the candidate has met the following requirements to be eligible for a provisional certificate:

Hold a CE or CEAS in the endorsement area required for the teaching assignment;
Obtain and accept an offer of employment in a position that requires an instructional certificate;
Be registered in the district mentoring program upon employment and in accordance with N.J.A.C. 6A:9C-4; and
For a candidate with a CE, be enrolled in a CE educator preparation program. The program shall ensure the candidate receives a minimum amount of pre-professional experience, pursuant to N.J.A.C. 6A:9A-5.3.

i. If employed as a teacher of students with disabilities, the CE educator preparation program at an accredited college or university in which the candidate is enrolled shall provide courses on educating students with disabilities. If the educator preparation program is not at an accredited college or university, the program shall ensure the candidate is enrolled in and attending courses on educating students with disabilities through an alternate program immediately upon starting and throughout the program.

ii. If employed as a bilingual/bicultural teacher, the CE educator preparation program in which the candidate is enrolled shall ensure the candidate is enrolled in and attending bilingual/bicultural courses immediately upon starting and throughout the program.

(b) The effective date of provisional certificate issuance shall be the date on which the CE or CEAS holder begins employment with the district board of education in a certified position in accordance with N.J.S.A. 18A:26-2 and 18A:27-4a. The employing school district shall register the teacher within 60 days of the date the CE or CEAS holder begins employment.

(c) A provisional certificate shall last a maximum of two school years and shall expire on July 31 of the second year regardless of issuance date.

(d) A provisional teacher holding a provisional certificate in, and working under, one endorsement may seek employment and be employed in more than one school district during the provisional time period prior to earning the standard certificate.

(e) A new provisional certificate must be issued each time a teacher with a CE or CEAS is employed by a school district that is different from the school district that submitted the initial provisional certificate documentation. The two-, four-, and six-year time restraints, pursuant to N.J.A.C. 6A:9B-8.5, shall still apply.

(f) A candidate holding a temporary instructional certificate issued pursuant to N.J.A.C. 6A:9B-8.10 who meets all the requirements at (a) above, except (a)1 above, shall be eligible for a temporary provisional certificate in an appropriate instructional endorsement area. The temporary provisional certificate shall expire concurrent with the expiration of the temporary instructional certificate. The temporary provisional certificate in the specific endorsement area shall not be renewed. The time a candidate is employed under the temporary provisional certificate shall count toward a candidate's total allowable provisional period, pursuant to N.J.A.C. 6A:9B-8.5(c).

A candidate holding a temporary instructional certificate who has already completed an educator preparation program shall be issued a temporary provisional certificate without being required to enroll in another educator preparation program.

History

The following annotations apply to N.J.A.C. 6A:9B-8.4p rior to its repeal by R.2015 d.196:
Amended by R.2004 d.306, effective 8/2/2004.
See: 36 N.J.R. 1636(a), 36 N.J.R. 3526(a).
Rewrote (a); in (d), added (1) in 1i, substituted "The mentor teacher applicant" for "The teacher" at the beginning of ii through ix.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Rewrote (a); substituted "rigorous mentoring shall be" for "rigorous one-year mentoring is" in (b)1; added (c)1ix and made related stylistic changes; recodified (c)3 as (c)4, added (c)3; deleted "or retired teacher or administrator" in (d)1i; and deleted (d)1i(1).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In the introductory paragraph of (a), inserted the second sentence; added new (b)2; recodified former (b)2 through (b)4 as (b)3 through (b)5; in (b)3, inserted "over the course of 30 weeks or proportionally longer if the novice teacher holds a part-time teaching assignment"; in (c)2, inserted "initial"; rewrote (c)4; and added (c)5.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Amended by R.2014 d.073, effective 5/5/2014.
See: 45 N.J.R. 2524(a), 46 N.J.R. 761(a).
Section was "Requirements for local mentor plan". Rewrote the section.
The following annotations apply to N.J.A.C. 6A:9B-8.4s ubsequent to its recodification from N.J.A.C. 6A:9B-8.2 by R.2015 d.196:
In (a)1, deleted "and" from the end; in (a)2, substituted "; and" for the period at the end; and added (a)3 and (b).
In (a)3, substituted "the provisional teacher" for "a State-approved district training".
Recodified from N.J.A.C. 6A:9B-8.2 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Rewrote the section. Former N.J.A.C. 6A:9B-8.4, Requirements for district mentoring program, repealed.
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-8.5 Renewal of the provisional certificate

(a) The school district may recommend a provisional teacher for renewal of the teacher's two-year provisional certificate if the candidate has not yet completed the requirements for the standard certificate within the first two years of employment, pursuant to N.J.A.C. 6A:9A-8.7.

A provisional teacher who meets the criteria at

(a) above but is not renewed for employment within the same school district following the two-year provisional certificate may seek and accept, under the same endorsement, a position with another school district, pursuant to N.J.A.C. 6A:9B-8.4(d).

(b) Except as indicated at N.J.A.C. 6A:9B-8.8, 10, and 11, a candidate shall meet the following requirements to be eligible for one renewal of a provisional certificate:

Hold a CE or CEAS in the endorsement area required for the teaching assignment;
Be employed or accept an offer of employment in a position that requires an instructional certificate;
Complete a district mentoring program;
Be enrolled in or have completed a CE educator preparation program, if the candidate has a CE; and
Be recommended for renewal by the candidate's principal pursuant to N.J.A.C. 6A:9B-8.6.

(c) The two-year provisional certificate may be renewed twice for a maximum provisional period of six years if the candidate fulfills the renewal requirements at (b) above and one of the following criteria:

Holds a CE with a teacher of students with disabilities endorsement, or a CE with a bilingual/bicultural endorsement, and a CE with an endorsement appropriate to the subject or grade level to be taught; or holds a CE with an English as a second language endorsement. The duration of the CE educator preparation program and required coursework for the endorsement(s) also extends beyond the four-year provisional period; or
Does not receive from the school district, by July 31 of the fourth year, the annual summative rating as required for a standard certificate, pursuant to N.J.A.C. 6A:9B-8.4.

(d) A candidate issued a temporary instructional certificate, pursuant to N.J.A.C. 6A:9B-8.10, shall not be eligible for a renewal of a temporary provisional certificate in the specific endorsement area issued pursuant to N.J.A.C. 6A:9B-8.4(f).

History

New Rule, R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Former N.J.A.C. 6A:9B-8.5, Requirements for nonpublic school training programs, recodified to N.J.A.C. 6A:9B-8.9.
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-8.6 Evaluation of a provisional teacher for the standard certificate

(a) Effective for candidates who begin teaching during or after academic year 2015-2016, standard certificate determinations shall be based on the provisional teacher's annual summative evaluations, which shall be conducted pursuant to N.J.A.C. 6A:10 and by an appropriately certified principal or administrative designee authorized to supervise instructional staff.

Standard certificate determinations for candidates who began teaching prior to academic year 2015-2016 shall be based on performance evaluations aligned with the Professional Standards for Teachers and based on at least three observations conducted during the school year but not less than once during each semester.

(b) A provisional teacher who meets all other standard certificate requirements at N.J.A.C. 6A:9B-8.7 shall earn a standard certificate upon receipt of at least two summative evaluation ratings of effective or highly effective earned within three consecutive years of teaching.

If the provisional teacher does not complete the standard certificate requirements within the first two years of teaching, the provisional certificate may be renewed pursuant to N.J.A.C. 6A:9B-8.5 and the provisional teacher shall have an additional two years to earn at least two effective or highly effective summative evaluation ratings within three consecutive years of teaching.

(c) Within 30 days of the provisional teacher's receipt of at least two summative evaluation ratings earned in any New Jersey school district, the provisional teacher's principal shall notify the provisional teacher and the Office that the provisional teacher:

Is eligible for a standard certificate because the candidate has earned at least two effective or highly effective summative evaluation ratings and has completed all other standard certificate requirements, pursuant to N.J.A.C. 6A:9B-8.7;
Is being recommended for a renewal of the provisional certificate, pursuant to N.J.A.C. 6A:9B-8.5, because the candidate has not yet received at least two effective or highly effective summative ratings within three consecutive years of teaching;
Is not being recommended for a renewal of the provisional certificate for any reason; or
Is rendered permanently ineligible for renewal of the provisional certificate, is prohibited from earning a standard certificate, and is disqualified from seeking further employment as a teacher in any capacity.

(d) A provisional teacher who is ineligible for a standard certificate and for renewal of the provisional certificate may appeal the standard certificate determination pursuant to N.J.A.C. 6A:9B-4.13.

(e) Mentor teachers shall not assess or evaluate the performance of provisional teachers. Interactions between provisional teachers and experienced mentor teachers are formative in nature and considered a matter of professional privilege. Mentor teachers shall not be compelled to offer testimony on the performance of provisional teachers.

(f) The annual summative evaluation rating(s) from each prior employing school district shall constitute part of the record on which a principal shall base the standard certificate determination.

History

Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In the introductory paragraph of (a), inserted the last sentence.
Amended by R.2014 d.073, effective 5/5/2014.
See: 45 N.J.R. 2524(a), 46 N.J.R. 761(a).
In the introductory paragraph of (a), deleted "building" preceding "principal"; deleted (a)1 through (a)3; added new (b); and recodified former (b) through (c) as (c) through (d).

N.J. Admin. Code § 6A:9B-8.7 Requirements for the standard certificate

(a) Except as indicated at N.J.A.C. 6A:9B-8.8, 10, and 11, the candidate shall meet the following requirements to be eligible for the standard certificate in any instructional area:

Possess a provisional certificate pursuant to N.J.A.C. 6A:9B-8.4;
Be recommended for the standard certificate by the supervising principal based on:

i. Evaluation requirements at N.J.A.C. 6A:9A-8.6; and

ii. Successful completion of a district mentoring program, pursuant to N.J.A.C. 6A:9C-5;

Submit to the Department a completed Commissioner-issued teacher candidate survey; and
For CE holders, do the following:

i. Effective for candidates who begin teaching during or after academic year 2017-2018, pass the performance assessment if the candidate did not pass it prior to earning a CE; and

ii. Complete a CE educator preparation program pursuant to N.J.A.C. 6A:9A-5, unless exempt under the reciprocity rule at N.J.A.C. 6A:9B-8.8.

(b) A candidate who holds a standard New Jersey instructional certificate shall be eligible for additional standard certificates if the candidate meets the CEAS requirements of this subchapter. This provision shall not apply to holders of the military science endorsement.

History

The following annotations apply to N.J.A.C. 6A:9B-8.7p rior to its repeal by R.2015 d.196:
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added the last sentence to (b)2.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (a), inserted "directly to the Secretary" preceding "the final" and deleted "directly to the Secretary that shall contain a recommendation regarding standard certification for each provisional teacher" following "evaluation".
The following annotations apply to N.J.A.C. 6A:9B-8.7s ubsequent to its recodification from N.J.A.C. 6A:9B-8.8 by R.2015 d.196:
In (b), inserted "and 8.3(b)4" at the end of first sentence and rewrote the second sentence; in (c), deleted the last two sentences; recodified (d) and (e) as (e) and (f), added (d), and changed internal reference.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (c) and (d), inserted the last sentence; added new (f); and recodified former (f) as (g).
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (g)4, substituted "(g)3" for "(f)3".
Amended by R.2009 d.365, effective 12/7/2009.
See: 41 N.J.R. 2529(a), 41 N.J.R. 4433(d).
Added (h).
Amended by R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Deleted former (c), (d), (g) and (h); and recodified former (e) and (f) as (c) and (d).
In (b), substituted "3, and 4 and 8.3(b)3" for "3 and 4 and 8.3(b)4"; and in (c), deleted "out-of-State" preceding the first occurrence of "certificate".
Recodified from N.J.A.C. 6A:9B-8.8 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Rewrote the section. Former N.J.A.C. 6A:9B-8.7, Recommendation for certification of provisional teachers, repealed.
Modified by Executive Order No. 103(2020), effective 5/1/2020.
See: 52 N.J.R. 1250(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).
Modified by Executive Order No. 103(2020), effective 11/30/2020.
See: 53 N.J.R. 5(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-8.8 Requirements for interstate reciprocity for a CEAS, CE, or standard certificate

(a) Through reciprocity, the Office shall issue an instructional CEAS to candidates who:

Have a valid CEAS issued by another state in a subject area or grade level also offered by the Department, following the completion of a CEAS educator preparation program that includes clinical practice and endorsement in a subject that is also issued in New Jersey;

i. Candidates applying for reciprocity for a certificate that requires possession of, or eligibility for, a CEAS or standard New Jersey instructional certificate with an endorsement appropriate to the subject or grade level to be taught shall be exempt from the clinical practice requirement at (a)1 above.

Passed a subject-matter test to receive the out-of-State endorsement or passed the appropriate New Jersey subject-matter test; and
Passed a performance assessment that is approved by the state in which the certificate was issued, unless the candidate holds National Board for Professional Teacher Standards (NBPTS) or the Meritorious New Teacher Candidate (MNTC) designation.

(b) A candidate who meets all requirements at (a)1 and 2 above, but did not take a a candidate for the office administration and office systems technology endorsement shall complete at a two- or four-year accredited college or university at least 12 semester-hour credits in any of the following areas:

CE certification requirements pursuant to N.J.A.C. 6A:9B-8.3(a);
The provisional certification requirement to be enrolled in a CE educator preparation program pursuant to N.J.A.C. 6A:9B-8.4(a)4;
The renewal of provisional certification requirement to be enrolled in or to have completed a CE educator preparation program pursuant to N.J.A.C. 6A:9B-8.5(b)4; and
The standard certification requirement to complete a CE educator preparation program pursuant to N.J.A.C. 6A:9B-8.7(a)4 ii.

(c) Except as provided at (b) above, and (e), (f), (h), (i), and (j) below, reciprocity shall not apply to an instructional CE. Candidates who have been issued an out-of-State instructional CE shall meet all requirements at N.J.A.C. 6A:9B-8.3.

(d) Through reciprocity, the Department shall issue an instructional standard certificate to a candidate who:

Has a valid standard certificate issued by another state in an endorsement subject area or grade level that also is offered by the Department and demonstrates at least two effective years of teaching that were completed within three consecutive years.

i. The candidate shall provide to the Office an original letter documenting completion of this requirement from the candidate's supervisor(s), principal(s), or employing school district(s) human resources officer; or 2. Meets the requirements at (f) and (g) below.

(e) A candidate who has a valid standard certificate issued by another state, including an endorsement in a subject area or grade level also offered by the Department, but does not meet the requirements at (d)1 above shall be issued a CEAS. The candidate shall meet all requirements for provisional and standard certificates at N.J.A.C. 6A:9B-8.4 and 8.7.

(f) A candidate who holds NBPTS certification and the corresponding out-of-State license or certificate in a subject area or grade level also offered by the Department shall be eligible for the standard certificate in the NBPTS certificate field without additional requirements.

(g) A candidate who holds the MNTC designation and the corresponding out-of-State license or certificate in a subject area or grade level also offered by the Department shall be eligible for the standard certificate in the MNTC-designated field without additional requirements.

(h) Through the Alternate Route Interstate Reciprocity Pilot Program, the Office shall issue an instructional CE to candidates who:

Enroll in a CE educator preparation program participating in the Alternate Route Interstate Reciprocity Pilot Program, pursuant to N.J.A.C. 6A:9A-5.7;
Hold an equivalent, valid CE or provisional instructional certificate issued by another state;
Pass a subject-matter test to receive an out-of-State endorsement or the appropriate New Jersey subject-matter test;
Have 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
Demonstrate good standing during previous teaching experience under an out-of-State certificate.

(i) To be eligible for a provisional certificate, a candidate participating in the Alternate Route Interstate Reciprocity Pilot Program shall meet all of the requirements at N.J.A.C. 6A:9B-8.4.

(j) Through the Alternate Route Interstate Reciprocity Pilot Program, the Office shall issue a standard certificate to candidates who:

Successfully complete a CE educator preparation program while participating in the Alternate Route Interstate Reciprocity Pilot Program;
Pass a State-approved performance assessment or the performance assessment approved by the state in which the reciprocal certificate was issued prior to entry into the CE educator preparation program participating in the Alternate Route Interstate Reciprocity Pilot Program; and
Meet the requirements for a standard certificate, pursuant to N.J.A.C. 6A:9B-8.7.

i. A candidate who successfully completes CE educator preparation program participating in the Alternate Route Interstate Reciprocity Pilot Program may apply to the Office to have 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, apply toward the requirements at N.J.A.C. 6A:9B-8.6(b).

History

New Rule, R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Former N.J.A.C. 6A:9B-8.8, Requirements for the standard certificate, recodified to N.J.A.C. 6A:9B-8.7.
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-8.9 Requirements for nonpublic school training programs

(a) A nonpublic school may choose to provide a mentoring program for novice teachers, pursuant to N.J.A.C. 6A:9C-5, if the school meets the following requirements:

Prior to enrolling any candidate in a mentoring program, the individual with the authority to execute binding documents on behalf of the nonpublic school shall enter into a written agreement with the Department agreeing to comply with all requirements pursuant to N.J.A.C. 6A:9C-5.1(b) and (d);
A teacher at the nonpublic school in a non-administrative, non-supervisory capacity who holds a standard New Jersey instructional certificate shall be assigned as the mentor, or the nonpublic school may choose to assign as a mentor a non-staff member who meets the criteria at N.J.A.C. 6A:9C-5.2;
The school is accredited by an accrediting agency accepted by the Department; and
The candidate is employed as a classroom teacher in a position that would require an appropriate instructional certificate in a public school.

History

New Rule, R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Former N.J.A.C. 6A:9-8.9, Mentoring and evaluation by approved agencies, recodified to N.J.A.C. 6A:9-8.10.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (a), substituted "grade-level" for "grade level" and "CE, CEAS," for "certificate of eligibility, certificate of eligibility with advanced standing,"; and in (a)1, substituted "subject-matter" for the second occurrence of "subject matter".

N.J. Admin. Code § 6A:9B-8.10 Nonresident military spouse temporary instructional certificate

(a) To be eligible for the nonresident military spouse temporary instructional certificate, an applicant shall:

Be ineligible for any other instructional endorsement pursuant to N.J.A.C. 6A:9B-8.1 through 8.8;
Document nonresident active-duty spouse status by submitting a military dependent identification card;
Hold a valid and current license or certificate to teach issued by another state for which there is an equivalent and currently issued New Jersey endorsement; and
Demonstrate competency in teaching through demonstration of either three years of successful out-of-State teaching pursuant to a validly issued out-of-State teaching license or meeting the GPA requirement pursuant to N.J.A.C. 6A:9B-8.2. The candidate shall submit a letter of experience from a past supervisor or authorized school district representative or a completed Record of Professional Experience form.

(b) The temporary instructional certificate shall be valid for the time period specified at N.J.S.A. 18A:26-2.14 and shall not be subject to renewal, but may be extended pursuant to N.J.S.A. 18A:26-2.14. To continue teaching upon expiration of the temporary instructional certificate, certificate holders shall apply and be eligible for a certificate pursuant to N.J.A.C. 6A:9B-8 through 13.

(c) The temporary instructional certificate shall be issued for a specific instructional content area endorsement in accordance with (a)3 above to ensure that certificate holders are placed in classrooms for which they have appropriate content knowledge.

History

New Rule, R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Recodified from N.J.A.C. 6A:9-8.9 by R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Substituted "K-8" for "K-12".

Subchapter 8A LIMITED INSTRUCTIONAL CERTIFICATE OF ELIGIBILITY AND CERTIFICATE OF ELIGIBILITY WITH ADVANCED STANDING PILOT PROGRAM

N.J. Admin. Code § 6A:9B-8A.1 Scope

(a) Pursuant to P.L. 2021, c. 224, this subchapter's rules implement a five-year pilot program for the issuance of limited certificates of eligibility (CEs) and limited certificates of eligibility with advanced standing (CEASs) in an instructional area.

(b) The five-year pilot program established by the Commissioner will begin in the 2022-2023 school year and will result in the following:

A Board of Examiners-issued limited CE or CEAS in an instructional area for candidates who apply for and meet the criteria established in this subchapter; and
A Department-maintained list of Commissioner-approved school districts, charter schools, and renaissance school projects permitted to hire certificate holders who have a limited CE or CEAS in an instructional area.

(c) A limited CE or CEAS in an instructional area shall permit a certificate holder to seek employment in only the school districts, charter schools, and renaissance school projects approved by the Commissioner to participate in the pilot program.

(d) The limited CE and CEAS will not be issued after September 1, 2027.

School districts, charter schools, and renaissance school projects approved by the Commissioner to participate in the pilot program shall ensure that individuals hired pursuant to the pilot program obtain their provisional certificate by no later than November 1, 2027.

(e) All limited CEs and CEASs issued pursuant to the pilot program, and existing at the expiration of the pilot program, shall expire on November 1, 2027.

(f) Throughout this subchapter, "school district" shall refer to school districts, charter schools, and renaissance school projects that apply to participate in the pilot program or are approved by the Commissioner to participate as set forth at N.J.A.C. 6A:9B-8A.2.

History

Adopted by 54 N.J.R. 1267(a), effective 7/5/2022

N.J. Admin. Code § 6A:9B-8A.2 School district participation

(a) A school district seeking to hire certificate holders of limited CEs or CEASs in an instructional area pursuant to the pilot program established pursuant to this subchapter shall first be approved by the Commissioner.

(b) To seek Commissioner approval to hire certificate holders of limited CEs or CEASs in an instructional area, a school district shall provide to the Commissioner, or the Commissioner's designee, the following:

A plan to sufficiently support novice teachers in accordance with N.J.A.C. 6A:9C-5; and
Data demonstrating one or more of the following:

i. A demographic disparity between the school district's or school's student population and its teachers;

ii. A shortage of bilingual education teachers within the school district; or

iii. A critical need to fill teacher vacancies or a hardship caused by teacher vacancies within the school district.

(c) Pursuant to P.L. 2021, c. 224, a school district approved to participate in the pilot program shall be eligible to hire certificate holders of limited CEs or CEASs in an instructional area. The number of certificate holders of limited CEs or CEASs in an instructional area hired shall not exceed, at any time during the pilot program, 10 percent of the school district's total teacher population, as indicated on the school district's position control roster.

(d) To maintain approved status, a school district previously approved to participate in the pilot program shall annually submit to the Commissioner a report evaluating the impact of hiring certificate holders with limited CEs or CEASs in an instructional area. The content of the annual report shall be cumulative, but disaggregated by school year, to address each year in which the school district participates in the pilot program. The report shall include, but not be limited to, the following:

The number of certificate holders hired by the school district under the pilot program;
The subject areas in which the certificate holders teach and the course(s) they teach;
The impact of hiring certificate holders with limited CEs and CEASs on the school district's or school's demographic disparity between its student population and teachers;
The effect on the school district's ability to fill shortages of bilingual education teachers within the school district;
The effect of hiring certificate holders with limited CEs and CEASs on the school district's ability to fill teacher vacancies;
The student achievement data for students taught by certificate holders who were hired by the school district under the pilot program;
The teacher evaluation data, pursuant to N.J.A.C. 6A:10, and retention data for certificate holders hired under the pilot program; and
Any other information the Commissioner deems necessary, pursuant to section 5 at P.L. 2021, c. 224.

(e) Approved school districts shall enroll all holders of the limited CE or CEAS in the provisional teacher program within one month of the certificate holder's employment start date.

(f) Upon expiration of the pilot program on September 1, 2027, school districts shall not hire holders of a limited CE or CEAS, unless the candidate holds another certificate required for employment in the position.

(g) All Commissioner approvals pursuant to this subchapter shall terminate with the expiration of the pilot program on September 1, 2027.

(h) Certificate holders of a limited CE or CEAS who hold a provisional certificate as of November 1, 2027, shall be permitted to continue the provisional teacher program within the time limitations set forth at N.J.A.C. 6A:9B-8.4 and 8.5.

History

Adopted by 54 N.J.R. 1267(a), effective 7/5/2022

N.J. Admin. Code § 6A:9B-8A.3 Limited CE or CEAS in an instructional area requirements

(a) To be eligible for a limited CEAS in an instructional area, the candidate shall successfully complete a State-approved educator preparation program and meet all requirements for a CEAS pursuant to N.J.A.C. 6A:9B-8.2, with the exception of one of the following:

The minimum GPA requirement pursuant to N.J.A.C. 6A:9B-8.2(a)3 and its exceptions at N.J.A.C. 6A:9B-8.2(c); or
The minimum passing score on an appropriate State test(s) of subject matter knowledge pursuant to N.J.A.C. 6A:9B-8.2(a)4 and the alternative requirements or exceptions at N.J.A.C. 6A:9B-9.1(a)2.

(b) To be eligible for the limited CE in an instructional area, the candidate shall hold a bachelor's or an advanced degree pursuant to N.J.A.C. 6A:9B-8.3(a)1 and shall meet all other requirements for a CE pursuant to N.J.A.C. 6A:9B-8.3, with the exception of one of the following:

The minimum number of subject area course credits and the alternative requirements or exceptions at N.J.A.C. 6A:9B-8.3(a)4 and 9.1(a)1;
The minimum GPA pursuant to N.J.A.C. 6A:9B-8.3(a)3 and its exceptions at N.J.A.C. 6A:9B-8.3(b);
The minimum score on a Commissioner-approved test of basic reading, writing, and mathematical skills pursuant to N.J.A.C. 6A:9B-8.3(a)5 and the alternative requirements or exceptions at N.J.A.C. 6A:9B-8.3(a)5 i; or
The minimum passing score on an appropriate State test(s) of subject matter knowledge pursuant to N.J.A.C. 6A:9B-8.3(a)4 and the alternative requirements or exceptions at N.J.A.C. 6A:9B-9.1(a)2.

History

Adopted by 54 N.J.R. 1267(a), effective 7/5/2022

N.J. Admin. Code § 6A:9B-8A.4 Provisional and standard certificate requirements for certificate holders with a limited CE or CEAS in an instructional area

(a) The limited CE or CEAS in an instructional area shall satisfy the CE or CEAS requirement at N.J.A.C. 6A:9B-8.1(a) for purposes of obtaining a provisional certificate until November 1, 2027.

(b) To be eligible for a provisional certificate, a certificate holder with a limited CE or CEAS shall meet all the requirements at N.J.A.C. 6A:9B-8.4.

(c) To be eligible for a standard certificate, a provisional certificate holder hired pursuant to this pilot program shall meet all the requirements for a standard instructional certificate pursuant to N.J.A.C. 6A:9B-8.7.

(d) Holders of the limited CE or CEAS shall meet all the requirements for a provisional certificate at N.J.A.C. 6A:9B-8.4 no later than September 1, 2027.

History

Adopted by 54 N.J.R. 1267(a), effective 7/5/2022

Subchapter 9 INSTRUCTIONAL ENDORSEMENTS

N.J. Admin. Code § 6A:9B-9.1 Endorsement requirements

(a) To fulfill the endorsement requirements necessary for an instructional certificate, pursuant to N.J.A.C. 6A:9B-8, the candidate shall:

Complete one or more of the following coursework requirements for the subject area in which the candidate is seeking the endorsement:

i. Complete an undergraduate major in the subject area as documented by an official transcript from an accredited four-year college or university;

ii. Hold a graduate degree in the subject area; or

iii. Complete at least 30 credits in a coherent sequence of courses appropriate to the subject area as documented by an official transcript from an accredited college or university, of which 12 semester-hour credits must be at the advanced level of study, including junior-, senior-, or graduate-level study as documented by the official transcript of an accredited college or university;

Pass the appropriate State test(s) of subject matter knowledge. If a candidate's score on the appropriate State test(s) of subject matter knowledge falls below the passing score by five percent or less, but the candidate has a GPA of 3.50 or higher when a GPA of 4.00 equals an A grade, the candidate shall meet this paragraph's requirements. This alternative requirement shall not be construed as a waiver pursuant to N.J.A.C. 6A:9B-4.12(c).

i. In lieu of passing the State test(s) of subject matter knowledge, a candidate who completes an out-of-State educator preparation program approved pursuant to N.J.A.C. 6A:9B-8.2(b)2, 3, 4, and 5, or who holds an out-of-State equivalent of a CEAS, may pass the equivalent test(s) of subject matter knowledge approved by the state in which the program is located or the certificate was issued; and

When applicable, complete additional requirements or exceptions pursuant to N.J.A.C. 6A:9B-11.

(b) Except if certified in an experience-based career and technical education endorsement pursuant to N.J.A.C. 6A:9-11.3 or military science pursuant to N.J.A.C. 6A:9-11.8, holders of a CE, CEAS, or standard instructional certificate in one endorsement may obtain the corresponding CE, CEAS, or standard instructional certificate in a different endorsement upon completion of the academic and test requirements at (a) above and any additional requirement(s) or exception(s) at N.J.A.C. 6A:9B-10 or 11.

History

New Rule, R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Former N.J.A.C. 6A:9B-9.1, Authorizations--general, recodified to N.J.A.C. 6A:9B-9.2.
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-9.2 Authorizations-general

(a) Each teaching endorsement shall be required for the corresponding teaching assignment.

Each endorsement shall be valid for preschool through grade 12, with the following exceptions:

i. The elementary school teacher endorsement shall be valid in kindergarten through grade six. Any holder of the former teacher of elementary school kindergarten through grade five (K-5) endorsement now shall be authorized to teach kindergarten through grade six;

ii. The middle school with subject matter specialization endorsement shall be valid in grades five through eight;

iii. The preschool through grade three endorsement shall be valid in preschool through grade three; and

iv. The teacher of supplementary instruction in reading and mathematics, kindergarten through grade eight (K-8) shall be valid in kindergarten through grade eight.

Teachers with English endorsements who taught English language arts courses prior to February 1976 may continue to teach the same course(s).
Teachers with elementary school endorsements valid in preschool through grade eight issued no later than March 1, 2008, may teach in preschool through grade eight in any employing school district, subject to the qualification for teaching three- and four-year-old children at N.J.A.C. 6A:9B-11.2(b). The teachers shall demonstrate to the school district they have content knowledge appropriate to the subject(s) taught.

i. All elementary school teachers certified to teach in kindergarten through grade five after January 20, 2004, and hired to teach in grades six through eight shall hold either the elementary school with subject-matter specialization or the subject-matter endorsement.

Teachers holding the teacher of the blind or partially sighted, teacher of the deaf or hard-of-hearing, and/or the teacher of handicapped endorsements issued prior to September 1, 2008, may teach students with disabilities in preschool through grade 12 if the teachers can demonstrate to the school district content knowledge appropriate to the content and the content level to be taught.
Teachers holding endorsements that are no longer issued may continue to teach in the subject areas in which the teacher was authorized to teach under the former rules.
Career and technical instructional endorsements issued prior to January 20, 2004, shall remain valid. The teachers may teach in the occupations for which they hold endorsements. A crosswalk of the former certificates that identifies under which new career clusters the teacher's certificate falls is available on the Department's website.
Holders of other endorsements may teach computer science, as defined in Standard 8.1 of the NJSLS, until July 1, 2027. After July 1, 2027, a teacher of computer science in preschool through grade 12 shall hold a computer science endorsement issued pursuant to N.J.A.C. 6A:9B-10.15.

History

Amended by R.2004 d.306, effective 8/2/2004.
See: 36 N.J.R. 1636(a), 36 N.J.R. 3526(a).
In (a), inserted "with the exception of approved vocational programs" at the end of 1i, rewrote the first sentence in 8i, added new i and ii and recodified former i and ii as iii and iv in 9.
Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (a), inserted "office administration/office systems technology;" in 9i; in (c), added the last sentence.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Rewrote (a)8i; deleted last sentence from (a)9i; added (a)9i(1) through (7), deleted last sentence from (a)9ii; added (a)9ii(1) through (4); added (a)9v; rewrote (b)2ii; recodified (b)2iii as (b)2v, added (b)2iii and iv; made a stylistic change in (b)2v; rewrote (b)4; and added (b)4i-(b)4iv.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (a)1i, (a)1ii, (a)1iv and (a)1v, deleted "with the exception of approved vocational programs" from the end; added new (a)8i, recodified former (a)8i as (a)8ii; added new (a)9iii; recodified former (a)9iii through (a)9v as (a)9iv through (a)9vi; rewrote (a)9iv; in (b)2ii and (b)4ii, inserted ", computer and information literacy," and ", integrating educational technology where appropriate"; added new (b)5; recodified former (b)5 as (b)6; and deleted (c).
Petition for Rulemaking.
See: 42 N.J.R. 956(b), 1252(a), 1911(b).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.

N.J. Admin. Code § 6A:9B-9.3 Department-issued endorsements and authorizations

(a) The teaching endorsements and authorizations at (a)1 through 9 below are grouped within the relevant NJSLS.

Visual and performing arts:

i. Art: This endorsement authorizes the holder to teach art in all public schools;

ii. Dance: This endorsement authorizes the holder to teach dance in all public schools;

iii. Music: This endorsement authorizes the holder to teach vocal and instrumental music and related theory in all public schools;

iv. Speech arts: This endorsement authorizes the holder to teach speech arts in all public schools; and

v. Theater: This endorsement authorizes the holder to teach theater in all public schools.

Comprehensive health and physical education:

i. Health education: This endorsement authorizes the holder to teach health education in all public schools;

ii. Health and physical education: This endorsement authorizes the holder to teach health and physical education in all public schools;

iii. Physical education: This endorsement authorizes the holder to teach physical education in all public schools;

iv. Swimming and water safety: This endorsement authorizes the holder to teach swimming, diving, and water safety in all public schools; and

v. Driver education: This endorsement authorizes the holder to teach driver education in all public schools.

English language arts:

i. English: This endorsement authorizes the holder to teach English in all public schools;

ii. English as a second language: This endorsement authorizes the holder to teach English as a second language in all public schools; and

iii. Reading: This endorsement authorizes the holder to teach reading in all public schools.

Mathematics:

i. Mathematics: This endorsement authorizes the holder to teach mathematics in all public schools.

Science:

i. Biological science: This endorsement authorizes the holder to teach biological, environmental and general science in all public schools. Biological science includes botany, anatomy and physiology, zoology and biology;

ii. Chemistry: This endorsement authorizes the holder to teach chemistry and environmental and general sciences in all public schools;

iii. Earth science: This endorsement authorizes the holder to teach earth, environmental, and general sciences in all public schools. Earth science includes astronomy, geology, meteorology, oceanography, physical geography, and space science;

iv. Physical science: This endorsement authorizes the holder to teach physical, environmental, and general sciences in all public schools. Physical science includes physics, chemistry, and earth and space sciences other than geography; and

v. Physics: This endorsement authorizes the holder to teach physics and environmental and general sciences in all public schools.

Social studies:

i. Psychology: This endorsement authorizes the holder to teach psychology in all public schools; and

ii. Social studies: This endorsement authorizes the holder to teach social studies in all public schools. Social studies includes American history, European history, world history, government, political science, sociology, geography, anthropology, and economics.

World languages: This endorsement authorizes the holder to teach in all public schools one of the following designated world languages:

i. American Sign Language;

ii. Chinese;

iii. French;

iv. German;

v. Greek;

vi. Hebrew;

vii. Italian;

viii. Japanese;

ix. Latin;

x. Portuguese;

xi. Russian;

xii. Spanish;

xiii. Hindi;

xiv. Arabic;

xv. Korean; or

xvii. Other world languages.

Technology education:

i. This endorsement authorizes the holder to teach technology education in all public schools with the exception of approved career and technical education programs. Technology education includes content aligned with Standard 8.2 of the NJSLS.

ii. A technology education endorsement is not required to teach the use of educational technology pursuant to N.J.A.C. 6A:9B-5.17.

Computer science: This endorsement authorizes the holder to teach computer science, as described in Standard 8.1 of the NJSLS, in all New Jersey public schools.

(b) The teaching endorsements below authorize the holder to teach specific populations, subjects, ages, and/or grade levels:

Bilingual/bicultural education: This endorsement authorizes the holder to teach bilingual/bicultural education in all public schools. In addition to the content area(s) or grade level(s) authorized by the teachers' endorsement(s), the holder of a bilingual/bicultural education endorsement also may provide consultative services and supportive resource programs, including modification and adaptation of curriculum and instruction to multilingual learners and speakers of English as a second language in general education programs in preschool through grade 12.
Elementary school: This endorsement authorizes the holder to:

i. Serve as an elementary school teacher in kindergarten through grade six in all public schools;

ii. Teach language arts literacy, mathematics, science, computer and information literacy, and social studies full-time, integrating educational technology where appropriate in kindergarten through grade six;

iii. Teach world languages full-time in kindergarten through grade six pursuant to N.J.A.C. 6A:9B-10.5;

iv. Teach all remaining subjects no more than one-half of the daily instructional assignment; and

v. Teach reading, writing, mathematics, and spelling, for basic-skills purposes only, in grades six through 12.

Middle school with subject-matter specialization: This endorsement authorizes the holder to teach the specialty subjects on the face of the certificate full-time in grades five through eight in all public schools. This endorsement does not permit the holder to teach the subject matter specialization in grades nine through
Preschool through grade three: This endorsement authorizes the holder to:

i. Teach preschool through grade three in public schools and to teach public school students in approved settings providing early childhood education;

iii. Teach world languages full-time in preschool through grade three pursuant to N.J.A.C. 6A:9B-10.5; and

iv. Teach all remaining subjects in preschool through grade three no more than one-half of the daily instructional assignment.

Teacher of supplemental instruction in reading and mathematics, kindergarten through grade eight: This endorsement authorizes the holder to provide supplemental, pull-out instruction in reading and mathematics for students in kindergarten through grade eight. During their provisional teaching period, teachers holding this endorsement:

i. May not be assigned to more than two schools; and

ii. Shall conduct all teaching in a formal classroom environment with a minimum of eight students that approximates the experiences that novice teachers are expected to have, including, but not limited to, lesson planning, effective classroom management, instructional strategies, and incorporation of the NJSLS.

Students with disabilities: The endorsements authorize the holder to teach students from one of the designated populations listed at (b)6i through iv below. In addition to the content area(s) or grade level(s) authorized by the teachers' endorsement(s), the holder of a special education endorsement also may provide consultative services and supportive resource programs, including modification and adaptation of curriculum and instruction to students with disabilities in general education programs in preschool through grade 12.

i. Blind or visually impaired: This endorsement authorizes the holder to teach blind or visually impaired students;

ii. Deaf or hard of hearing for oral/aural communication: This endorsement authorizes the holder to teach deaf or hard-of-hearing students using oral/aural communication strategies;

iii. Deaf or hard of hearing for sign language communication: This endorsement authorizes the holder to teach deaf or hard-of-hearing students using sign language communication strategies; and

iv. Students with disabilities: This endorsement authorizes the holder to teach students classified with disabilities with the exception of students identified at (b)6i, ii, and iii above.

History

Amended and recodified from N.J.A.C. 6A:9B-9.2 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-9.4 21st century life and careers, and career and technical education endorsements and authorizations

(a) The teaching endorsements below authorize the holder to teach kindergarten through grade 12, including approved career and technical education programs in grades nine through 12, in all public schools:

Business education/business-related technologies: The endorsements authorize the holder to teach business education and business-related technologies in all public schools.

i. Comprehensive business: This endorsement authorizes the holder to teach accounting, banking and insurance, business computer applications, business law, business communications, business mathematics, economics and finance, entrepreneurship, international business, keyboarding, business management, business organization, marketing, office administration/office systems technology, and exploration in business-related careers.

ii. Business: accounting: This endorsement authorizes the holder to teach accounting, finance and investment, business mathematics, and exploration of related careers.

iii. Business: finance/economics/law: This endorsement authorizes the holder to teach finance and investment, economics, law, banking and insurance, business mathematics, business communications, business management, business organization, and exploration of related careers.

iv. Business: keyboarding and data entry: This endorsement authorizes the holder to teach keyboarding, computer data entry, word processing, and exploration of related careers.

v. Business: computer applications and business-related information technology: This endorsement authorizes the holder to teach business-related software applications, safety and security policies pertaining to computer use, emerging hardware and operating systems, file management, legal issues related to computer use, and exploration of related business occupations.

vi. Business: office administration/office systems technology: This endorsement authorizes the holder to teach office organization, word processing, speed writing, business communication, office and administrative support practices and procedures, keyboarding, data entry, and exploration of related business occupations. vii. Marketing education: This endorsement authorizes the holder to teach marketing occupations including sales, advertising and retailing, global marketing, entrepreneurship, and exploration of related business occupations.

Family and consumer sciences: This endorsement authorizes the holder to teach family and consumer sciences in all public schools.

i. Comprehensive family and consumer sciences: This endorsement authorizes the holder to teach family and consumer sciences. Family and consumer sciences includes: family economics and resource management; family relations and human development, including child care and development, and parenting education; housing and environment, including interior design; nutrition, health, and food management and preparation; textiles and apparel design, construction, and merchandising; and exploration in family and consumer sciences related occupations.

ii. Family and consumer sciences: Child and family development: This endorsement authorizes the holder to teach family relations and human development--including parenting education, child care and development, and operating a preschool in a high school classroom environment, developing skills needed to deal with crisis in families, handling children with special needs, and managing family economics and resources--and to provide career-related instruction.

iii. Family and consumer sciences: Foods, nutrition, and food science: This endorsement authorizes the holder to teach nutrition, individual and family food preparation, food science, managing time and resources related to food preparation, and exploration of careers in foods and nutrition related occupations.

iv. Family and consumer sciences: Apparel, textiles, and interiors: This endorsement authorizes the holder to teach textiles and apparel design, construction, and merchandising, interior design; managing time and resources related to apparel construction and interior design; and exploration of careers in apparel, textiles, and interior design.

Agriculture, food, and natural resources: This endorsement authorizes the holder to teach agribusiness systems; animal systems; environmental service systems; natural resource systems; plant systems; power, structural, and technical systems; and related technologies in all public schools.

(b) Career and technical education endorsements: The endorsements authorize the holder to teach approved career and technical education programs in grades nine through 12 in all public schools in accordance with N.J.A.C. 6A:9B-11.3. The holder of a standard career and technical education endorsement who has completed the study requirements in N.J.A.C. 6A:9B-14.19(b)2 i and ii, or 14.20(b)2i or ii, is also authorized to place and supervise career and technical education students in school-sponsored cooperative education experiences in the occupation in which the holder is certified as part of a career and technical education program.

(c) Specific career and technical education endorsements are based on the candidate's Department-approved employment or self-employment experience, bachelor's degree, and/or associate degree. Endorsements are organized under the following career clusters and are listed on the Department's website:

Agriculture, Food and Natural Resources: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the production, processing, marketing, distribution, financing, and development of agricultural commodities and resources including food, fiber, wood products, natural resources, horticulture, and other plant and animal products and resources.
Architecture and Construction: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the designing, planning, managing, building, and maintaining the built environment.
Arts, Audio/Video Technology and Communications: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the designing, producing, exhibiting, performing, writing, and publishing multimedia content including visual and performing arts and design, journalism, and entertainment services.
Business, Management and Administrative: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the planning, organizing, directing, and evaluating business functions essential to efficient and productive business operations.
Education and Training: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the planning, management, and provision of education and training services, and related learning support services.
Finance: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to services for financial and investment planning, banking, insurance, and business financial management.
Government and Public Administration: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to governance, national security, revenue and taxation, regulation, and management and administration at the local, State, and Federal levels.
Health Science: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the planning, management, and provision of therapeutic services, diagnostic services, support services, and biotechnology research and development.
Hospitality and Tourism: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the management, marketing, and operations of restaurants and other food services, lodging, attractions, recreation events, and travel-related services.
Human Services: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to families and human needs.
Information Technology: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the designing, developing, supporting, and managing hardware, software, multimedia, and systems integration services.

Law, Public Safety, Corrections and Security: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the planning, management, and provision of legal services, public safety services, protective services, and homeland security, including professional and technical support services.

Manufacturing: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the planning, management, and performance of materials processing into intermediate or final products and related professional and technical support activities such as production planning and control, maintenance, and manufacturing/process engineering.
Marketing: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the planning, management, and performance of marketing activities to reach organizational objectives.
Science, Technology, Engineering and Mathematics: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the planning, management, and provision of scientific research and professional and technical services, including laboratory and testing services, and research and development services.
Transportation, Distribution and Logistics: Endorsements are authorized under this career cluster for career and technical education programs that prepare students for careers related to the planning, management, and movement of people, materials, and goods by road, pipeline, air, rail, and water, and related professional and technical support services such as transportation infrastructure planning and management, logistics services, and mobile equipment and facility maintenance.

(d) School districts seeking to establish a new career and technical education program for which a career and technical education endorsement does not exist shall submit to the Department a request to establish a new career and technical education endorsement.

History

Adopted by 47 N.J.R. 2989(a), effective 12/7/2015

Subchapter 10 ADDITIONAL REQUIREMENTS OR EXCEPTIONS TO REQUIREMENTS FOR INSTRUCTIONAL ENDORSEMENTS FOR CERTIFICATION

N.J. Admin. Code § 6A:9B-10.1 General provisions

In addition to the requirements at N.J.A.C. 6A:9B-8 and 9, this subchapter includes requirements for the instructional endorsement, including specific coursework required for educator preparation programs that lead to an endorsement in any subject referenced in this subchapter and that are approved pursuant to N.J.A.C. 6A:9A.

History

Amended by R.2004 d.416, effective 11/1/2004.
See: 36 N.J.R. 3237(a), 36 N.J.R. 4927(b).
Added (j) and (k).
Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Rewrote (g).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Recodified (d)-(g) as (e)-(h) and (h)-(k) as (j)-(m); added (d); in (f), substituted "preschool through grade three pedagogy" for "formal instruction"; in (g)2, substituted "early childhood" and "early childhood education" for "preschool"; added (i); in (k), added "at N.J.A.C. 6A:9-8.1(a)1, 3 and 4 and 8.3(b)4" at the end; in (m), deleted "on or after September 1, 2004" following "A candidate who graduates"; and added (n).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (c)1, substituted "three" for "3" and deleted "and" from the end; in (c)2, substituted "three" for "3" and "; and" for a period at the end; added (c)3; and in (j), inserted "standard", substituted "three" for "3" and "(f)" for "(e)" in the first sentence, and inserted the last sentence.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Section was "Preschool through grade 3 certification requirements". Added (a)4; recodified former (a)4 and (a)5 as (a)5 and (a)6; and in the introductory paragraph of (b), substituted "three" for "3" and inserted the last sentence.
Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
In (a)4, deleted a comma following "content standards" and "four-year" following "accredited", and substituted "State-approved" for "state-approved".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).
Rewrote (a)2; in the introductory paragraph of (b), substituted "shall" for "must" twice, and substituted a colon for a period at the end; in (c)3 and (e), inserted "school"; in (e), substituted ", which" for ".The State-approved district training program"; deleted former (l) and (m), and recodified (n) as (l).

N.J. Admin. Code § 6A:9B-10.2 Elementary school (K-6)

(a) A candidate for the elementary school (K-6) endorsement shall complete all of the certification requirements at N.J.A.C. 6A:9B-8 and 9, with the exception of N.J.A.C. 6A:9B-9.1(a)1.

(b) A candidate for the elementary school (K-6) endorsement also shall complete:

A liberal arts, science, dual-content, or interdisciplinary academic major; or
A minimum of 60 semester-hour credits in liberal arts and/or science, as documented on a transcript from an accredited college or university for a candidate who begins a CEAS education preparation program on or before August 31, 2025.

i. A candidate who enters a CEAS educator preparation program on or after September 1, 2025, shall complete a minimum of 30 semester-hour credits in core-content subject areas, including English, mathematics, social studies/history, and/or science, as documented on a transcript from an accredited college or university.

(c) A candidate who enters an educator preparation program for a CEAS with an elementary school (K-6) endorsement, on or after September 1, 2025, shall complete either (b)1 or (b)2i above and at least 30 credits, as documented on a transcript from an accredited college or university, in the following coursework and/or clinical experiences:

Six to nine credits or equivalent that focus on developing the pedagogical content knowledge for teaching mathematics to elementary students and that shall focus on the following:

i. Cognitively guided mathematics instruction;

ii. Assessment of, and remediation for, difficulties in mathematics;

iii. The use of mathematical practices in instruction;

iv. Building the underlying mathematical conceptual knowledge of educators; and

v. The integration of literacy skills in mathematics.

Nine to 12 credits, or equivalent, that focus on developing the pedagogical content knowledge for teaching reading and literacy to elementary students and that shall focus on the following:

i. Developing the pedagogical content knowledge and conceptual framework for teaching early literacy skills or foundational reading skills, including, but not limited to, phonics, phonemic awareness, vocabulary, reading comprehension, fluency, and concepts of print;

ii. Strategies for teaching reading comprehension, writing, speaking, and listening to elementary students; and

iii. Multicultural, multilingual, and diverse literature.

Coursework that focuses on developing the pedagogical content knowledge for teaching science and social studies to elementary students that shall place an emphasis on the integration of literacy skills in science and social studies.

(d) A holder of a CE with an elementary school (K-6) endorsement who begins teaching under a provisional certificate on or after September 1, 2025, shall complete a Department-approved New Jersey college or university program pursuant to (c)1, 2, and 3 above.

History

Amended by R.2004 d.416, effective 11/1/2004.
See: 36 N.J.R. 3237(a), 36 N.J.R. 4927(b).
Added (g) and (h).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Deleted "on or after September 1, 2004" following "graduates" in (h); and added (i).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote (c)1i; in (c)1ii, substituted "an associate's," for the first occurrence of "a" and inserted the second sentence; in (c)3i, deleted "and" from the end; in (c)3ii, substituted "; and" for a period at the end; and added (c)3iii.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Section was "Vocational-technical education certification requirements". Rewrote the section.
Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
In (c)2ii, deleted "four-year" following "accredited".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).
In (c)1ii(1) and (c)2iv, substituted "2016" for "2004" and "3.00" for "2.75", in (c)1iii, substituted "associate;" for "associate's level"; and in (c)2iv, substituted "2.75" for "2.50".

N.J. Admin. Code § 6A:9B-10.3 Health and physical education and adaptive physical education

(a) To meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, the candidate for the health and physical education endorsement shall complete:

A 30-credit coherent sequence of courses in health and a minimum of 15 credits in physical education. The study of individual and team sports and adaptive physical education shall be included in the physical education credits; or
A 30-credit coherent sequence of courses in physical education and a minimum of 15 credits in health. The study of individual and team sports and adaptive physical education shall be included in the physical education credits.

(b) To meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, the candidate for the physical education endorsement shall complete:

A 30-credit coherent sequence of courses in physical education. The study of individual and team sports and adaptive physical education shall be included in the physical education credits.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (g) and (h), substituted "Speech, applied audiology" for "Applied audiology" in 2vii; in (n), deleted "the test requirement and" preceding "a Department-approved college special education program".
Amended by R.2006 d.93, effective 3/6/2006.
See: 37 N.J.R. 4107(a), 38 N.J.R. 1317(a).
In (p) and (q), changed the deadline date from January 20, 2006 to August 31, 2006.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Deleted "as defined in the student's IEP" at the end of (b)1; substituted "four" for "five" in (k); in (n), deleted ", preschool through grade 3" twice and added the last sentence; and added (r).
Amended by R.2006 d.299, effective 8/21/2006.
See: 38 N.J.R. 1498(a), 38 N.J.R. 3299(a).
In (b)1, inserted "and" following "IEP"; deleted (b)2; and recodified former (b)3 as present (b)2.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (d)1, deleted "and" from the end; in (d)2, substituted a semicolon for a period at the end; added (d)3 and (d)4; rewrote (e)1, (f)1, (g)1 and (h)1; in (k), substituted "six" for "four"; and added (s).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.

N.J. Admin. Code § 6A:9B-10.4 Science

(a) To meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, the candidate for the physical science endorsement shall complete:

A 30-credit coherent sequence of courses in physics and a minimum of 15 credits in chemistry; or
A 30-credit coherent sequence of courses in chemistry and a minimum of 15 credits in physics.

(b) Candidates holding a CEAS or standard certificate with a science endorsement seeking an additional CEAS or standard certificate with a science endorsement shall:

Complete 15 credits in the corresponding content area with six credits at the advanced level; and
Pass the State test of subject matter knowledge.

i. GPA flexibilities pursuant to N.J.A.C. 6A:9B-8.2(c) and 8.3(b) shall not apply.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Added (j) and (k).
Amended by R.2006 d.93, effective 3/6/2006.
See: 37 N.J.R. 4107(a), 38 N.J.R. 1317(a).
In (j) and (k), changed the deadline date from January 20, 2006 to August 31, 2006.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Rewrote (a)1; and deleted ", preschool through grade 3" twice in (i).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)2, substituted "a Department-approved, nationally recognized test of" for "an" and deleted "test" following "proficiency"; in (c)1, deleted "and" from the end; in (c)2, substituted "; and" for a period at the end; added (c)3; and rewrote (e)1.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (e)2, inserted "New Jersey" preceding "college"; in (i), substituted "State-approved" for "state-approved"; and deleted former (j) through (k).

N.J. Admin. Code § 6A:9B-10.5 World languages

(a) In addition to the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, the candidate shall meet the following criteria to be eligible for the world language endorsement:

Possess linguistic competency in the designated world language as demonstrated on a Department-approved, nationally recognized test of oral language proficiency for spoken language, reading/writing proficiency for classical languages or receptive/expressive proficiency for American Sign Language; and
Complete a minimum of three semester-hour credits in second language acquisition theory and related methodologies offered by an accredited college or university within 12 months of initial assignment. No CEAS or standard world languages certificate shall be issued until this requirement is completed.

(b) Elementary school teachers, preschool through grade three teachers, and preschool teachers who teach world languages more than half-time and complete the requirements at (a) above shall be authorized to teach world languages in the grade levels authorized by their endorsement. Elementary school teachers, preschool through grade three teachers, and preschool teachers who teach world languages half-time or less shall be authorized to teach world languages in the grade levels authorized by their endorsement upon demonstrating linguistic competency in the designated world language on a Department-approved, nationally recognized test of oral language proficiency for spoken language or receptive/expressive proficiency for American Sign Language.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (g), deleted "with an appropriate endorsement" following "New Jersey instructional certificate" and inserted "successful" preceding "completion of the oral and written language proficiency test"; added (h) and (i).
Amended by R.2006 d.93, effective 3/6/2006.
See: 37 N.J.R. 4107(a), 38 N.J.R. 1317(a).
In (h) and (i), changed the deadline date from January 20, 2006 to August 31, 2006.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Substituted "four" for "five" in (d); and added the last sentence in (g).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)3, substituted "a Department-approved, nationally recognized test of" for "an" and deleted "test" following "proficiency"; in (c)1, deleted "and" from the end; in (c)2, substituted "; and" for a period at the end; added (c)3; and rewrote (e)1 and (e)2.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (a)4, inserted a comma following "hygiene" and substituted "N.J.A.C. 6A:9-5.8" for "N.J.A.C. 6A:9-5.9"; in (e)2, inserted "New Jersey"; in (g), substituted "three" for "3" and "8.3(b)3" for "8.3(b)4" throughout; and deleted (h) through (i).
Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).
Rewrote (a)2.

N.J. Admin. Code § 6A:9B-10.6 Technology education

(a) To meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, a candidate for the technology education endorsement shall complete study in the following technology, engineering, and design subjects:

The nature of technology or technology and society;
Technological design;
The use of tools and materials, and safety related to using tools and materials; and
Three of the following seven technologies:

i. Medical;

ii. Agricultural and related biotechnologies;

iii. Energy and power;

iv. Information and communication;

v. Transportation;

vi. Manufacturing; and/or

vii. Construction.

(b) Holders of New Jersey industrial arts endorsements or their equivalent who are employed by a school district prior to April 23, 2004, to teach technology education as defined at N.J.A.C. 6A:9B-9.3(a)8 shall be issued the technology education endorsement upon application to the Office.

(c) Holders of New Jersey industrial arts endorsements or their equivalent who do not meet the requirements at (b) above shall be eligible for the technology education endorsement upon completion of the State test requirement and submission of an application to the Office.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (b), substituted "New Jersey Motor Vehicle Commission" for "New Jersey Division of Motor Vehicles".
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In the introductory paragraph of (a) and in (a)1, inserted "CEAS or".
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (a)1, substituted "endorsement in health or in health and physical education" for "certificate".
Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
In (a)4, deleted "four-year" following "accredited".

N.J. Admin. Code § 6A:9B-10.7 Art

(a) To meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, a candidate for the art endorsement shall:

Present studio experience in each of the following required areas of study:

i. Drawing;

ii. Painting; and

iii. Sculpture and/or ceramics; or

Complete a major in fine arts.

History

Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (b), inserted "school".

N.J. Admin. Code § 6A:9B-10.8 Social studies

(a) To meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, a candidate for the social studies endorsement shall complete a minimum of 15 semester-hour credits in history, including a minimum of:

One course in American history; and
One course in world history.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (a), added the second sentences in 1 and 2.

N.J. Admin. Code § 6A:9B-10.9 Family and consumer sciences

(a) As part of the minimum 30 credits in the content area needed to meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, a candidate for the family and consumer sciences endorsement shall complete study in the following required areas:

Child and family development, care/human development, and related careers;
Food preparation, nutrition and food science, and related careers;

Apparel/construction, textiles, interiors/housing and environments, and related careers; and

Personal and family financial/resource management, and related careers.

History

Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In the introductory paragraph of (a), inserted "the candidate shall do the following" and a comma following "CEAS", and deleted ", the candidate shall complete one of the following" from the end.

N.J. Admin. Code § 6A:9B-10.10 Comprehensive business

(a) As part of the minimum 30 credits in content area needed to meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, a candidate for the comprehensive business endorsement shall complete at a two- or four-year regionally accredited college or university:

Six semester-hour credits in accounting;
At least one course in business law;
At least one course in economics;
At least one course in finance; and
At least one course in computer applications.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (a), inserted "within 12 months of initial assignment" following "four-year college or university" in 2; rewrote (b).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added the last sentence to (a)2; rewrote (b); and added (c).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote (b).
Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
In (a)2, deleted "four-year" following "accredited".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote (c).

N.J. Admin. Code § 6A:9B-10.11 Computer applications and business-related information technology

(a) As part of the minimum 30 credits in content area needed to meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, a candidate for the computer applications and business-related information technology endorsement shall complete at a two- or four-year regionally accredited college or university at least 12 semester-hour credits in any of the following areas:

Management information systems;

Business-related computer classes;

Database concepts for business;
Information management;
Decision support systems for business;
Computer management;
Systems analysis;
Computer networks in business;
Database development for business;
Business computer programming; and
Computer science.

History

Amended by R.2004 d.306, effective 8/2/2004.
See: 36 N.J.R. 1636(a), 36 N.J.R. 3526(a).
Rewrote the section.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)2, substituted "a course" for the first occurrence of "study"; added new (b); and recodified former (b) as (c).
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (a)2, substituted "child and early adolescent development" for "the characteristics of young adolescents".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote (a); and in (c), inserted "and (b)".

N.J. Admin. Code § 6A:9B-10.12 Finance, economics, and law

(a) As part of the minimum 30 credits in content area needed to meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, a candidate for the finance, economics, and law endorsement shall complete at a two- or four-year accredited college or university:

At least six semester-hour credits in economics;
At least three semester-hour credits in finance; and
At least three semester-hour credits in business law.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (a), inserted "standard" preceding "New Jersey" in 1.
Petition for Rulemaking.
See: 40 N.J.R. 212(a), 891(a).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (b)1, inserted "executive"; in (b)2, substituted "Annually forward to the executive" for "Forward to the"; and added (c).
See: 45 N.J.R. 2146(b), 2360(a).

N.J. Admin. Code § 6A:9B-10.13 Keyboarding and data entry

To meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, a candidate for the keyboarding and data entry endorsement shall complete at a two- or four-year accredited college or university a course in keyboarding and/or word processing applications.

History

Amended by R.2004 d.306, effective 8/2/2004.
See: 36 N.J.R. 1636(a), 36 N.J.R. 3526(a).
In (c), inserted "with the exception of (d) below" in the introductory paragraph; added (d).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Rewrote (a) through (c); and deleted (d).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Recodified the last sentence of (a) as new (b); recodified former (b) and (c) as (c) and (d); rewrote (b); and in (d), substituted "(c)" for "(b)".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote (b).

N.J. Admin. Code § 6A:9B-10.14 Office administration and office systems technology

(a) As part of the minimum 30 credits in content area needed to meet the endorsement requirements at N.J.A.C. 6A:9B-9.1(a)1 iii, a candidate for the office administration and office systems technology endorsement shall complete at a two- or four-year accredited college or university at least 12 semester-hour credits in any of the following areas:

Managing office systems or office systems administration;
Keyboarding or word processing;
Business communications; or

Business-related programs/software.

History

New Rule, R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (b), substituted "fine arts" for "Fine Arts".

N.J. Admin. Code § 6A:9B-10.15 Computer science

(a) To be eligible for the computer science endorsement, candidates holding a standard instructional certificate in another endorsement area shall:

Complete 15 credit hours of computer science coursework; and
Pass the appropriate State test of computer science content knowledge.

(b) To be eligible for a standard instructional certificate in computer science, candidates shall complete all certificate requirements at N.J.A.C. 6A:9B-8 and the endorsement requirements at N.J.A.C. 6A:9B-9.

(c) Candidates who hold standard certificates and teach computer science as of September 1, 2024, shall be eligible for the computer science endorsement if the candidates:

Have received two effective or highly effective ratings in teaching computer science within the last four years; and
Pass the appropriate State test of computer science content knowledge.

(d) All candidates for the computer science endorsement pursuant to (a) and (b) above shall complete, or have completed, a minimum of three semester-hour credits, or equivalent, in a methods of teaching computer science course offered by an accredited college or university within 12 months of the initial computer science teaching assignment.

The methods course may be included in the 15 credit hours of computer science coursework pursuant to (a)1 above or the 30 credit hours required to fulfill endorsement requirements pursuant to N.J.A.C. 6A:9B-9.1(a)1 iii.

History

New Rule, R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).

N.J. Admin. Code § 6A:9B-10.16 Reserved

History

New Rule, R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).

N.J. Admin. Code § 6A:9B-10.17 Reserved

History

New Rule, R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Recodified to N.J.A.C. 6A:9B-10.10 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Family and consumer sciences".

N.J. Admin. Code § 6A:9B-10.18 Reserved

History

New Rule, R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Former N.J.A.C. 6A:9-11.18, Individuals enrolled in degree programs prior to January 7, 2008, recodified to N.J.A.C. 6A:9-11.19.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Recodified to N.J.A.C. 6A:9B-11.11 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Teacher of Supplemental Instruction in Reading and Mathematics, Grades K-8".

N.J. Admin. Code § 6A:9B-10.19 Reserved

History

New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Former N.J.A.C. 6A:9-11.19, Individuals enrolled in degree programs prior to January 7, 2008, recodified to N.J.A.C. 6A:9-11.20.
Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).
Rewrote (b)2.
Recodified to N.J.A.C. 6A:9B-11.12 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Requirements for the charter school certificate of eligibility".

N.J. Admin. Code § 6A:9B-10.20 Reserved

History

New Rule, R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Recodified from N.J.A.C. 6A:9-11.18 and amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Substituted "an out-of-State approved teacher preparation program" for "a State-approved degree program".
Recodified from N.J.A.C. 6A:9-11.19 and amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Substituted "applied" for "applies" and "did" for "does", and inserted a comma following "2010". Former N.J.A.C. 6A:9-11.20, Requirements for interstate reciprocity, recodified to N.J.A.C. 6A:9-11.21.
Recodified to N.J.A.C. 6A:9B-10.16 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Individuals enrolled in degree programs prior to January 7, 2008".

N.J. Admin. Code § 6A:9B-10.21 Reserved

History

New Rule, R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Recodified from N.J.A.C. 6A:9-11.20 and amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In the introductory paragraph of (a), substituted "grade-level" for "grade level" and "CE, CEAS" for "certificate of eligibility, certificate of eligibility with advanced standing".
Repealed by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Requirements for interstate reciprocity".

Subchapter 11 ADDITIONAL REQUIREMENTS OR EXCEPTIONS TO REQUIREMENTS FOR INSTRUCTIONAL CERTIFICATION WITH SPECIAL ENDORSEMENTS

N.J. Admin. Code § 6A:9B-11.1 General provisions

This subchapter includes additional requirements, or exceptions to the requirements, for the instructional certificate with special endorsements. The subchapter also includes specific coursework required for educator preparation programs that lead to an endorsement in any subject covered in this subchapter and that are approved pursuant to N.J.A.C. 6A:9A.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Added new (a)2; and recodified former (a)2 and (a)3 as (a)3 and (a)4.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote (a); and deleted former (b).

N.J. Admin. Code § 6A:9B-11.2 Preschool through grade three

(a) Candidates for the preschool through grade three endorsement shall complete all certification requirements at N.J.A.C. 6A:9B-8 and the endorsement requirements at N.J.A.C. 6A:9B-9, and:

Shall be exempt from the subject course requirements at N.J.A.C. 6A:9B-9.1(a)1 and instead shall complete:

i. A liberal arts, science, dual-content, or interdisciplinary academic major; or

ii. A minimum of 60 semester-hour credits in liberal arts and/or science.

(1) Candidates for the preschool through grade three endorsement who enter an educator preparation program on or after September 1, 2025, shall complete a minimum of 30 semester-hour credits in core-content subject areas, including English, mathematics, social studies/history, and/or science.

For candidates seeking a CEAS with a preschool through grade three endorsement, who enter an educator preparation program on or before August 31, 2025, shall complete the requirements at (a)1 above and a preschool through grade three educator preparation program at an accredited college or university; and

i. CEAS candidates who enter a preschool through grade three educator preparation program on or after September 1, 2025, shall complete the requirements at (b) below.

Provisional teachers holding a CE with a preschool through grade three endorsement shall choose to complete either 350 hours of formal instruction, pursuant to N.J.A.C. 6A:9A-5.4(a)1, or 24 semester-hour credits of preschool through grade three pedagogy at a Department-approved New Jersey college or university program. Instruction through either choice shall include:

i. Child development and learning, including studies designed to foster understanding of the dynamic continuum of development and learning in children from birth through age eight. Required topics are cognitive and linguistic factors that affect learning and development; the creation of a climate that fosters and nurtures diversity and equitable opportunities for all children, including children who are multilingual learners and children with disabilities, and that addresses multiple intelligences and diverse learning styles; the integration of play; and language and literacy across the curriculum;

ii. Understanding family and community, including studies designed to foster an understanding of the significant roles of families and communities. Required topics are the recognition of children at risk; the establishment of linkages with community resources to support families; the recognition and acceptance of diverse family units, including family participation on the educational team; the impact of children's homes, communities, health and cultural experiences on development and learning; and comprehension of social, historical, political, legal and philosophical constructs that impact upon children, families and communities; and

iii. Curriculum and assessment, including studies designed to foster an understanding of the importance of implementing developmentally appropriate principles and practices. Required topics include the NJSLS and early childhood program expectations; responsiveness to cultural and linguistic differences with an equitable and individualized focus; activities designed to foster intellectual stimulation through play; implementation of developmentally appropriate techniques of guidance and group management to create a safe classroom environment; and assessment that is multidimensional, ongoing, and performance based.

(b) Candidates seeking a CEAS with a preschool through grade three endorsement who enter an educator preparation program on or after September 1, 2025, shall complete the requirements at (a)1 above and a preschool through grade three educator preparation program that includes at least 30 credits as documented on a transcript from an accredited college or university in the following coursework and/or clinical experiences:

Six to nine credits, or equivalent, that focus on developing the pedagogical content knowledge for teaching mathematics to preschool and elementary students and that shall focus on the following:

i. Cognitively guided mathematic instruction;

ii. Assessment of, and remediation for, difficulties in mathematics;

iii. The use of mathematical practices in instruction;

iv. Building the underlying mathematical conceptual knowledge of educators; and

v. The integration of literacy skills in mathematics;

Twelve to 15 credits, or equivalent, that focus on developing the pedagogical content knowledge for teaching reading and literacy to preschool and elementary students. The courses shall include the following:

ii. Strategies for teaching reading comprehension, writing, speaking, and listening to preschool and early elementary students;

iii. Multicultural, multilingual, and diverse literature;

iv. Assessment for, and planning of, remedial instruction to address reading problems for early and emergent readers, and assessment and screening of early reading difficulties; and

v. Foundations of speech language development, including screening and support of students with speech/language, articulation, and communication disorders;

Coursework that focuses on developing the pedagogical content knowledge for teaching science and social studies to preschool and elementary students and that emphasizes the integration of literacy skills in science and social studies;
Coursework that addresses child development and learning, including studies designed to foster understanding of the dynamic continuum of development and learning in children from birth through age eight. The coursework shall include:

i. Cognitive and linguistic factors that affect learning and development;

ii. The creation of a climate that fosters and nurtures diversity and equitable opportunities for all children, including children who are multilingual learners and children with disabilities, and that addresses multiple intelligences and diverse learning styles;

iii. The integration of play; and

iv. Language and literacy across the curriculum;

Coursework that addresses understanding family and community, including studies designed to foster an understanding of the significant roles of families and communities. The coursework shall include:

i. Recognition of children at risk;

ii. The establishment of linkages with community resources to support families;

iii. The recognition and acceptance of diverse family units, including family participation in their child's education;

iv. The impact of children's homes, communities, health, and cultural experiences on development and learning; and

v. Comprehension of social, historical, political, legal, and philosophical constructs that impact children, families, and communities; and

Coursework that addresses curriculum and assessment, including studies designed to foster an understanding of the importance of implementing developmentally appropriate principles and practices. The coursework shall include:

i. The NJSLS and the New Jersey Preschool Teaching and Learning Standards;

ii. Understanding cultural and linguistic differences with an equitable and individualized focus;

iii. Activities designed to foster intellectual stimulation through play;

iv. Implementation of developmentally appropriate techniques of guidance and group management to create a safe classroom environment; and

v. Assessment that is multi-dimensional, ongoing, and performance based.

(c) A provisional teacher holding a CE with a preschool through grade three endorsement who begins teaching provisionally on or after September 1, 2025, shall complete a Department-approved New Jersey college or university program pursuant to (b) above.

(d) A teacher holding a standard elementary school endorsement valid in preschool through grade eight issued no later than March 1, 2008, with the equivalent of two academic years of full-time experience teaching three- and four-year-olds under the certificate may teach children in preschool in a public school or a Department of Children and Families facility. The teaching experience shall be in a position that would require the preschool through grade three endorsement. Teachers meeting this criteria shall present documentation that supports the preschool teaching experience when newly employed in a school district or a Department of Children and Families facility. The school district or the Department of Children and Families facility shall maintain a copy of the documentation that supports the preschool teaching experience.

(e) A standard certificate with a preschool through grade three endorsement authorizes the holder to teach preschool through third grade in all school districts pursuant to N.J.A.C. 6A:9B-9.3(b)4.

History

Amended and recodified from N.J.A.C. 6A:9B-10.1 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-11.3 Career and technical education

(a) Candidates for the instructional certificate in a career and technical education endorsement shall complete:

CEAS requirements at N.J.A.C. 6A:9B-8.2 or CE requirements at N.J.A.C. 6A:9B-8.3, except:

i. Candidates do not need to complete the basic skills requirement pursuant to N.J.A.C. 6A:9B-8.3(a)5 prior to obtaining a CE; and

ii. Candidates shall complete either the experience-based or degree-based requirements at (b) below;

Provisional requirements at N.J.A.C. 6A:9B-8.4; and
Requirements for the renewal of the provisional certificate at N.J.A.C. 6A:9B-8.5 and standard certificate requirements at N.J.A.C. 6A:9B-8.7.

i. To be eligible for a standard certificate, holders of a provisional certificate with a career and technical education endorsement shall demonstrate proficiency in the use of English language and mathematics by meeting one of the following:

(1) Passing the Commissioner-approved test of basic reading, writing, and mathematics skills;

(2) Holding a master's or terminal degree from an accredited institution of higher education;

(3) Holding an occupational license or certification or industry certificate or registration; or

(4) Completing a portfolio of work products through an approved educator preparation program, as approved by the employing school district's superintendent, or the superintendent's designee.

(b) To be eligible for the CE, the candidate shall fulfill one of the following:

Experience-based endorsements: All candidates for an experienced-based endorsement shall pass an examination in physiology, hygiene, and substance abuse issues, pursuant to N.J.A.C. 6A:9B-5.9. If the candidate seeks an endorsement in a regulated occupation for which a State-issued occupational license, certificate, or registration is required for employment in or practice of the occupation, the candidate also shall hold an occupational license, certificate, or registration issued by the State of New Jersey or other state or national authority. The employing school district may recommend for approval the candidate's experience pursuant to the guidelines established by the Department. Candidates shall meet one of the following requirements:

i. Employment experience: The candidate shall present a minimum of four years of Department-approved and documented employment experience, which will be equivalent to 8,000 hours of employment. The employment experience shall be verified by the applicant's employer(s).

(1) Up to three years of substantive teaching experience in the occupation, as set forth in a Commissioner-approved crosswalk, may be used as a substitute for three of the required four years of occupational experience.

(2) The Department will annually review and identify industry credentials in consultation with experts from education and business. The industry credentials may be considered equivalent to the employment experience requirement in this subparagraph.

ii. Self-employment: The candidate shall present a notarized letter from a tax preparer and/or an attorney verifying the following:

(1) The candidate has filed State and/or Federal taxes for the self-employment using a Federal U.S. Census North American Industry Classification System (NAICS) that is appropriate for the endorsement; and

(2) The candidate's self-employment experience meets the minimum of four years of employment experience, which will be equivalent to 8,000 hours of employment.

iii. Military experience: Candidates shall present a Military Discharge certificate (DD-214) and a Verification of Military Experience and Training (DD Form 2586) indicating military qualifications and occupational training received, which will be used by the Department to determine the extent of credit to be applied toward satisfying the employment experience requirements at (b)1i above.

Degree-based endorsements using a bachelor's degree or higher: The candidate shall hold a bachelor's or an advanced degree from an accredited college(s) or university(ies) in a Department-approved subject area for the endorsement. The candidate shall pass an examination in physiology, hygiene, and substance abuse issues pursuant to N.J.A.C. 6A:9B-5.9. If the candidate seeks an endorsement in a regulated occupation for which a State-issued occupational license, certificate, or registration is required for employment in or practice of the occupation, the candidate shall also hold the State-issued occupational license, certificate, or registration.

i. Candidates who do not possess a bachelor's or advanced degree in a Department-approved subject area for the endorsement may hold a bachelor's or advanced degree from an accredited college(s) or university(ies), and shall complete at least 30 credits in a coherent sequence of courses appropriate to the subject area for the endorsement. The 30 credits shall be obtained either from an accredited college(s) or university(ies) or from an accredited career-focused institution(s), or from a combination thereof.

ii. Candidates with a bachelor's degree or higher who graduate on or after September 1, 2016, with a GPA that is below 3.00 but is at least 2.50 when a GPA of 4.00 equals an A grade, and for whom no State-endorsed test is available, may meet the requirements of (b)2 above by submitting evidence of a minimum of two years (4,000 hours) of full-time employment or equivalent part-time employment, pursuant to (b)1i above.

iii. Candidates with a bachelor's degree or higher who graduated before September 1, 2016, with a GPA that is below 2.75, but is at least 2.50, when a GPA of 4.00 equals an A grade, and for whom no State-endorsed test is available, may meet the requirements at (b)2 above by submitting evidence of a minimum of two years (4,000 hours) of full-time employment or equivalent part-time employment, pursuant to (b)1i above.

Degree-based endorsements using an associate degree: The candidate shall hold a two-year degree from an accredited college(s) or university(ies) or from an accredited career-focused institution(s) in a Department-approved subject area for the endorsement. The candidate also shall submit evidence of a minimum of two years of eligible employment, which will be equivalent to 4,000 hours of employment, pursuant to (b)1i above. The candidate shall pass an examination in physiology, hygiene, and substance abuse issues pursuant to N.J.A.C. 6A:9B-5.9. If the candidate seeks an endorsement in a regulated occupation for which a State-issued occupational license, certificate, or registration is required for employment in or practice of the occupation, the candidate also shall hold the State-issued occupational license, certificate, or registration.

i. Candidates who do not possess an associate degree in a Department-approved subject area for the endorsement may hold a two-year degree from an accredited institution of higher education, and shall complete at least 30 credits in a coherent sequence of courses appropriate to the subject area for the endorsement. The 30 credits shall be obtained either from an accredited college(s) or university (ies) or from an accredited career-focused institution(s), or from a combination thereof.

ii. Candidates using an associate degree shall meet the GPA requirements set forth at N.J.A.C. 6A:9B-8.3. The exceptions to the GPA requirements available to candidates with a bachelor's degree or higher at (b)2ii and iii above will not be available to candidates using an associate degree.

(c) Holders of standard instructional certificates with other endorsements, except as indicated at N.J.A.C. 6A:9B-11.3 and 11.8, may obtain a career and technical education endorsement upon completion of the experience requirement, the academic major and test requirement, or as set forth at (e) below.

(d) Holders of vocational-technical instructional endorsements issued prior to January 20, 2004, are authorized to teach in the career and technical education programs for which they hold endorsements. A crosswalk of these former certificates that identifies under which of the new career clusters the teacher's certificate falls is available on the Department's website.

(e) Holders of standard instructional certificates with an endorsement in a subject area that authorizes them to teach grades nine through 12 may obtain a CTE endorsement to teach CTE programs that align to an in-demand industry sector or occupation that is experiencing a shortage of CTE teachers, as identified and approved by the Department, through participation in the Department-approved CTE Teacher Bridge process.

This process is available only to school districts that have an approved CTE program and enter into an agreement with the Department to participate in the CTE Teacher Bridge process.
Candidates shall be sponsored by their employing school district and shall complete the Department-approved process, as set forth at (e)3 below and detailed in the agreement between the Department and the school district, to acquire the content and skills necessary to teach in the in-demand industry sector or occupation.
The Department-approved process shall include, at minimum:

i. Two summers spent in an industry externship for a minimum of 160 hours each summer; and

ii. Two school years spent co-teaching with a certified CTE teacher in the content area of the in-demand industry sector or occupation for which the candidate is seeking an endorsement. The CTE Teacher Bridge candidate shall spend at least 100 hours co-teaching during each of the two school years.

History

Amended by R.2004 d.416, effective 11/1/2004.
See: 36 N.J.R. 3237(a), 36 N.J.R. 4927(b).
Added (g) and (h).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Deleted "on or after September 1, 2004" following "graduates" in (h); and added (i).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote (c)1i; in (c)1ii, substituted "an associate's," for the first occurrence of "a" and inserted the second sentence; in (c)3i, deleted "and" from the end; in (c)3ii, substituted "; and" for a period at the end; and added (c)3iii.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Section was "Vocational-technical education certification requirements". Rewrote the section.
Amended by R.2010 d.294, effective 12/20/2010.
See: 42 N.J.R. 1654(a), 42 N.J.R. 3058(b).
In (c)2ii, deleted "four-year" following "accredited".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).
In (c)1ii(1) and (c)2iv, substituted "2016" for "2004" and "3.00" for "2.75", in (c)1iii, substituted "associate;" for "associate's level"; and in (c)2iv, substituted "2.75" for "2.50".
Recodified from N.J.A.C. 6A:9B-10.2 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Career and technical education certification requirements". Rewrote the section. Former N.J.A.C. 6A:9B-11.3, Authorization, recodified to N.J.A.C. 6A:9B-12.3.
Amended by R.2019 d.128, effective 12/2/2019.
See: 51 N.J.R. 1151(a), 51 N.J.R. 1758(a).
Rewrote (b); in (d), substituted "experience requirement," for "experience requirement or", and inserted ", or as set forth in (f) below"; and added (f).
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-11.4 Teacher of students with disabilities

(a) A candidate for a CE or CEAS with a teacher of students with disabilities endorsement shall complete the certification requirements at N.J.A.C. 6A:9B-8 and the endorsement requirements at N.J.A.C. 6A:9B-9. The candidate also shall:

Possess a CE, CEAS, or standard New Jersey instructional certificate with an endorsement appropriate to the subject or grade level to be taught;
For the deaf or hard-of-hearing with sign language communication endorsement, achieve an intermediate or higher score on the Sign Language Proficiency Interview (SLPI) or a score of three or higher on the American Sign Language Proficiency Interview (ASLPI);

Be exempt from the test of subject-matter knowledge pursuant to N.J.A.C. 6A:9B-9.1(a)2;

For CE candidates, be exempt from the subject course requirements at N.J.A.C. 6A:9B-9.1(a)1;
Be exempt from the performance assessment, pursuant to N.J.A.C. 6A:9B-8.2(a)6 and 8.7(a)4; and
Be exempt from the clinical practice requirement, pursuant to N.J.A.C. 6A:9B-8.2(b).

(b) A candidate for the CEAS with a teacher of students with disabilities endorsement who has met the requirements at (a)1 above shall complete, pursuant to N.J.A.C. 6A:9A-4, an educator preparation program that includes a minimum of 21 credit hours in the topics at (d), (e), (g), or (h) below. In addition to the requirements for a CEAS, a candidate for the deaf or hard-of-hearing with sign language communication endorsement shall achieve an intermediate or higher score on the SLPI or a score of three or higher on the ASLPI.

Hold a CE or CEAS with a teacher of students with disabilities endorsement and the instructional endorsement required for the teaching assignment; and
For holders of a CE with a teacher of students with disabilities endorsement, be enrolled at an accredited college or university in an educator preparation program that includes a minimum of 21 credit hours in the topics at (d) through (g) below.

(d) Provisional teachers who hold a CE with a teacher of students with disabilities endorsement shall complete the requirements for a standard certificate, pursuant to N.J.A.C. 6A:9B-8.7, except as provided at (e), (g), and (h) below, and shall:

Complete, at an accredited college or university, an educator preparation program that includes a minimum of 21 credit hours of formal instruction in the following topics:

i. Philosophical, historical, and legal foundations of special education;

ii. Characteristics of students with disabilities;

iii. Standardized and functional assessment;

iv. Strategies for the development of literacy;

v. Curriculum planning, learning environments, modifications, and materials for students with disabilities;

vi. Inclusive education practices, positive behavioral supports, communication, and collaborative partnerships;

vii. Assistive technology;

viii. Transition planning, program development, and agencies available for students with disabilities; and

ix. Autism spectrum disorders;

Complete, if the provisional teacher holds a CE with the instructional endorsement required for the teaching assignment pursuant to (c)1 above, the courses required at (d)1 above prior to, or concurrently with, the formal instructional requirements of the CE educator preparation program required for the standard certificate at N.J.A.C. 6A:9B-8.7; and

Be exempt from the performance assessment requirement, pursuant to N.J.A.C. 6A:9B-8.7(a)4.

(e) While teaching under a provisional certificate with a blind or visually impaired endorsement, a candidate for a standard certificate shall:

Complete, at an accredited college or university, an educator preparation program that includes a minimum of 21 credit hours of formal instruction in the following topics:

i. Philosophical, historical, and legal issues in the education of students who are blind/visually impaired;

ii. Anatomy, physiology, and characteristics of students who are blind/visually impaired;

iii. Standardized and functional assessment of students who are blind/visually impaired;

iv. Strategies and materials for developing literacy and numeracy skills in students who are blind or visually impaired including Braille and Nemeth codes;

v. Curriculum planning, learning environments, modifications, and materials for students who are blind/visually impaired;

vi. Inclusive education practices, positive behavioral supports, communication, and collaborative partnerships;

vii. Assistive technology and augmentative communication systems for students who are blind or visually impaired;

viii. Orientation and mobility concepts and techniques; and

ix. Transition planning, program services, and agencies available for students who are blind/visually impaired; and

Complete the courses at (e)1 above prior to, or concurrently with, the formal instructional requirements of the CE educator preparation program required for the standard certificate at N.J.A.C. 6A:9B-8.7, if the provisional teacher with the CE with a blind or visually impaired endorsement holds a CE in the instructional endorsement required for the teaching assignment.

(f) While teaching under a provisional certificate with a deaf or hard-of-hearing with oral/aural communication endorsement, a candidate for a standard certificate shall:

Complete, at an accredited college or university, an educator preparation program that includes a minimum of 21 credit hours of formal instruction in the following topics:

i. Philosophical, historical, and legal issues in the education of students who are deaf/hard of hearing;

ii. Characteristics of students who are deaf/hard of hearing;

iii. Standardized and functional assessment of students who are deaf/hard of hearing;

iv. Strategies for the development of language and literacy of students who are deaf/hard of hearing;

v. Curriculum planning, learning environments, modifications, and materials for students who are deaf/hard of hearing;

vi. Inclusive education practices, positive behavioral supports, communication, and collaborative partnerships;

vii. Speech, applied audiology, assistive listening devices and assistive technology;

viii. American Sign Language, deaf culture, and communication philosophies; and

ix. Transition planning, program services, and agencies available for students who are deaf/hard of hearing; and

Complete the courses at (f)1 above prior to, or concurrently with, the formal instructional requirements of the CE educator preparation program required for the standard certificate at N.J.A.C. 6A:9B-8.7, if the provisional teacher with the CE with a deaf or hard-of-hearing with oral/aural communication endorsement holds a CE in the instructional endorsement required for the teaching assignment.

(g) While teaching under a provisional certificate with a deaf or hard-of-hearing with sign language communication endorsement, a candidate for a standard certificate shall:

Complete, at an accredited college or university, an education preparation program that includes a minimum of 21 credit hours of formal instruction in the following topics:

i. Philosophical, historical, and legal issues in the education of students who are deaf/hard of hearing;

ii. Characteristics of students who are deaf/hard of hearing;

iii. Standardized and functional assessment of students who are deaf/hard of hearing;

iv. Strategies for the development of language and literacy of students who are deaf/hard of hearing;

v. Curriculum planning, learning environments, modifications, and materials for students who are deaf/hard of hearing;

vi. Inclusive education practices, positive behavioral supports, communication, and collaborative partnerships;

viii. American Sign Language, deaf culture, and communication philosophies; and

ix. Transition planning, program services, and agencies available for students who are deaf or hard-of-hearing; and

Complete the courses at (g)1 above prior to, or concurrently with, the formal instructional requirements of the CE educator preparation program required for the standard certificate at N.J.A.C. 6A:9B-8.7, if the provisional teacher with the CE with a deaf or hard-of-hearing with sign language communication endorsement holds a CE in the instructional endorsement required for the teaching assignment.

(h) Holders of a CEAS with a teacher of students with disabilities endorsement pursuant to (b) above are not required to complete (d)2, (e)2, (f)2, or (g)2 above.

(i) Holders of a CEAS with a blind or partially sighted endorsement shall not be required to complete the requirements at (e)2 above. Holders of a CEAS with a deaf or hard-of-hearing with oral/aural communication endorsement shall not be required to complete the requirements at (f)2 above. Holders of a CEAS with a deaf or hard-of-hearing with sign language communication endorsement shall not be required to complete the requirements at (g)2 above.

(j) To renew a provisional certificate with a teacher of students with disabilities endorsement, provisional certificate holders shall meet the following requirements:

Demonstrate successful completion of at least two courses per provisional period, as required of the approved educator preparation program; and
Be rated effective or highly effective during the year of the requested renewal.

(k) No holder of a provisional certificate shall be employed for more than six years in a position requiring certification as a teacher of students with disabilities.

(l) The special education pedagogy required at (e), (f), and (g) above shall be completed at an accredited four-year college or university.

(m) Holders of standard certificates with teacher of students with disabilities endorsements shall be issued additional instructional certificates when they meet the requirements for a CE, pursuant to N.J.A.C. 6A:9B-8.2(a).

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Added (k).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Substituted "N.J.A.C. 6A:9-12.5(j)2 " for "N.J.A.C. 6A:9-12.5(i)2 " in (a)1iv.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote the section.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (b), substituted "state-approved" for "State-approved" twice; added new (c); recodified former (c) through (l) as (d) through (m); in (f), substituted "(i)" for "(h)"; and in (i)1, substituted "(e)" for "(d)".
Amended by R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Deleted former (k); and recodified former (l) and (m) as (k) and (l).
Amended by R.2011 d.226, effective 8/15/2011.
See: 43 N.J.R. 767(a), 43 N.J.R. 2176(a).
Added (m) and (n).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).

N.J. Admin. Code § 6A:9B-11.5 Bilingual/bicultural education

(a) A candidate for the bilingual/bicultural endorsement shall complete the certification requirements at N.J.A.C. 6A:9B-8 and the endorsement requirements at N.J.A.C. 6A:9B-9. The candidate shall also:

Possess or be eligible for a CE, CEAS, or standard New Jersey instructional certificate with an endorsement appropriate to the subject or grade level to be taught;
Meet the test of subject-matter knowledge requirement at N.J.A.C. 6A:9B-9.1(a)2 by demonstrating:

i. Oral and writing competence in English by:

(1) Passing a Department-approved, nationally recognized test of oral and written proficiency in English; or

(2) Passing a Department-approved, nationally recognized test to demonstrate oral proficiency and passing the Commissioner-approved test of basic reading, writing, and mathematics skills, pursuant to N.J.A.C. 6A:9B-8.3(a)5, to demonstrate writing proficiency; and

ii. Oral and writing competence in the target language by:

(1) Passing a Department-approved, nationally recognized test of oral and written proficiency in the target language; or

(2) Establishing the candidate as a speaker of the target language who was primarily educated at the undergraduate or gradudate level in that language;

For CE candidates with a bilingual/bicultural education endorsement, be exempt from the subject course requirements at N.J.A.C. 6A:9B-9.1(a)1;

For CEAS candidates with a bilingual/bicultural endorsement, complete the requirements at (a)1 above and a program at an accredited college or university for the preparation of teachers of bilingual/bicultural education; and
Be exempt from the performance assessment requirements at N.J.A.C. 6A:9B-8.2(a)6 and 8.7(a)4.

(b) While teaching under a provisional certificate, a holder of the CE with a bilingual/bicultural education endorsement shall:

Complete a Department-approved New Jersey college or university educator preparation program that includes 12 credit hours of formal instruction in the following topics:

i. Linguistics;

ii. Language acquisition;

iii. Developing literacy skills for the second language learner;

iv. Methods of teaching content in bilingual education; and

v. Theory and practice of teaching bilingual education; and

Complete the courses at (b)1 above prior to, or concurrently with, the formal instructional requirements of the CE educator preparation program required for the standard certificate in N.J.A.C. 6A:9B-8.7, if the provisional teacher with the CE in the bilingual/bicultural endorsement holds a CE with the instructional endorsement required for the teaching assignment.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Added (m).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (d), substituted "six" for "three" in the first sentence and "five" for "two" in the second sentence; inserted "or out-of-State" in (j), (j)1 and (k); and inserted "under a valid New Jersey or out-of-State teaching certificate" in (k)1 and (l).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote the section.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (b), substituted "state-approved" for "State-approved"; added new (c); recodified former (c) through (n) as (d) through (o); in (f), substituted "(i)" for "(h)"; in (i)1, substituted "(f)" for "(e)"; in (m)2, substituted "(l)2" for "(k)2"; and in (n)1, substituted "(l)2" for "(k)2".
Amended by R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Deleted former (k); and recodified former (l) through (o) as (k) through (n).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).

N.J. Admin. Code § 6A:9B-11.6 English as a second language

(a) A candidate for the English as a second language (ESL) endorsement shall complete all certification requirements at N.J.A.C. 6A:9B-8 and the endorsement requirements at N.J.A.C. 6A:9B-9. The candidate shall also:

Be exempt from the endorsement course requirements at N.J.A.C. 6A:9B-8.3(a)4 while teaching under a provisional certificate and enrolled in an CE educator preparation program; and
Meet the test of subject-matter knowledge requirement at N.J.A.C. 6A:9B-9.1(a)2 by demonstrating oral and writing competence in English by:

i. Passing a Department-approved, nationally recognized test of oral and written proficiency in English; or

ii. Passing a Department-approved, nationally recognized test to demonstrate oral proficiency and meeting the basic skills requirement pursuant to N.J.A.C. 6A:9B-8.3(a)5, to demonstrate writing proficiency.

(b) Provisional teachers holding a CE with an English as a second language endorsement shall complete the requirements for a standard certificate pursuant to N.J.A.C. 6A:9B-8.7, and shall complete, at a Department-approved New Jersey college or university, an educator preparation program that includes a minimum of 15 credit hours of formal instruction in the topics at (b)1 through 7 below. This requirement shall not apply to provisional teachers who hold a CEAS pursuant to N.J.A.C. 6A:9B-10.2.

The historical and cultural backgrounds of multilingual learners;

Linguistics;

Language acquisition;
The structure of American English;
Developing literacy skills for the second language learner;
Methods of teaching ESL including teaching English through content; and

Theory and practice of teaching ESL.

(c) No holder of a provisional certificate shall be employed for more than six years in a position requiring an English as a second language endorsement, except as set forth at N.J.A.C. 6A:9B-8.5(c).

History

Amended by R.2004 d.306, effective 8/2/2004.
See: 36 N.J.R. 1636(a), 36 N.J.R. 3526(a).
In (a)2ii, deleted "in particular grade levels, or in specific subject fields" at the end of the third sentence.
Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (a), rewrote 2ii.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Made a stylistic change in (a)2i; added (a)2iii; and rewrote (a)3.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (a)2i, deleted "of Education" following "Department"; in (a)2ii, deleted a comma following "graduate-level"; in (a)2ii(1) and (a)2ii(4), inserted "instructional"; in (a)2ii(2), (a)2ii(3), and (a)2ii(4), inserted "design and"; and deleted (b).

N.J. Admin. Code § 6A:9B-11.7 Driver education

(a) A candidate for the CEAS or standard certificate with a driver education endorsement shall be exempt from the requirements at N.J.A.C. 6A:9B-9.1(a). A candidate for the CEAS or standard certificate with a driver education endorsement shall:

Hold a CEAS or standard certificate with an instructional endorsement in health or in health and physical education;
Hold a valid New Jersey or out-of-State driver's license. Candidates shall submit an official driving record/abstract from the state in which they are currently licensed to demonstrate the possession of a valid driver's license;
Document three consecutive years of successful automobile driving experience immediately prior to application by submitting a notarized statement; and
Complete a course in driver education at an accredited college or university.

(b) Pursuant to N.J.S.A. 18A:26-2, holders of a driving instructor license issued by the New Jersey Motor Vehicle Commission who do not hold the driver education endorsement issued by the Department may provide only behind-the-wheel driver education in public schools, and shall not provide classroom instruction in driver education.

History

Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.
Administrative correction.
See: 46 N.J.R. 1743(a).

N.J. Admin. Code § 6A:9B-11.8 Military science

(a) To be eligible for the standard certificate with a military science endorsement, the candidate shall:

Document 20 years of military service; and
Hold valid certification authorizing employment as a military science instructor from the branch of service in which the candidate served.

(b) To retain this endorsement, the holder must maintain the military employment authorization at (a) 2 above. The school district shall ensure that the military science teacher maintains valid military certification pursuant to N.J.A.C. 6A:9B-5.1(b).

(c) Holders of this endorsement shall not use it as the basis for obtaining additional endorsements. Holders may obtain additional endorsements by meeting applicable requirements in this chapter.

History

New Rule, R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).

N.J. Admin. Code § 6A:9B-11.9 Middle school with subject matter specialization

(a) To be eligible for the middle school with subject-matter specialization endorsement, the candidate shall:

Hold a CE or CEAS with an elementary school or preschool through grade 12 subject-matter endorsement in accordance with N.J.A.C. 6A:9B-9.3 or hold a standard certificate with an elementary school or preschool through grade 12 subject-matter endorsement in accordance with N.J.A.C. 6A:9B-8.7;
Complete a course in child and early adolescent development as aligned with standard two of the Professional Standards for Teachers at N.J.A.C. 6A:9-3.3(a)2. Holders of the CE shall complete this study before issuance of the standard certificate;
Complete 15 semester-hour credits in any one of the following NJSLS subject fields:

i. English language arts;

ii. Mathematics;

iii. Science;

iv. Social studies; or

v. A single world language; and

Pass the appropriate State test(s) in the content area.

(b) To be eligible for the CE, CEAS, or standard middle school with subject matter specialization with a world languages endorsement, the candidate shall, in addition to (a) above:

Possess linguistic competency in the designated world language as demonstrated on a Department-approved, nationally recognized test of oral language proficiency for spoken language, reading/writing proficiency for classical languages or receptive/expressive proficiency for American Sign Language; and
Complete a minimum of three semester-hour credits in second language acquisition theory and related methodologies offered by an accredited four-year college or university within 12 months of initial assignment.

i. No CEAS or standard certificate with an elementary school with specialization in a world language endorsement shall be issued until the requirement at (b)2 above is completed.

(c) Holders of this endorsement may be eligible for additional middle school with subject-matter specialization endorsements in the NJSLS subject fields at (a)3i through v above upon completion of the requirements at (a)3 and 4 and (b) above for each area of specialization requested.

(d) Holders of the middle school with subject-matter specialization endorsement in mathematics or science may be eligible for a middle school with subject-matter specialization endorsement in science, technology, engineering, and mathematics (STEM) by passing the necessary State subject-matter test in the additional content area and shall be exempt from the requirement at (a)3 above.

Holders of the middle school with subject-matter specialization endorsement in STEM shall be authorized to teach science and mathematics in grades five through eight in all public schools.

(e) Holders of the middle school with subject-matter specialization endorsement in English language arts or social studies may be eligible for a middle school with subject-matter specialization endorsement in humanities by passing the necessary State subject-matter test in the additional content area and shall be exempt from the requirement at (a)3 above.

Holders of the middle school with subject-matter specialization endorsement in humanities shall be authorized to teach English language arts, social studies and related literature, and social and civic engagement courses in grades five through eight in all public schools.

History

Amended and recodified from N.J.A.C. 6A:9B-10.11 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-11.10 Swimming and water safety

(a) To be eligible for the swimming and water safety endorsement, candidates shall hold:

A standard New Jersey instructional certificate;
A valid Cardiopulmonary Resuscitation for Professional Rescuer Certificate issued by the American Red Cross or the American Heart Association;
A valid Lifeguard Certificate issued by the American Red Cross or the YMCA; and
A valid water safety/swimming instructor certificate issued by the American Red Cross, the YMCA, or the Flotation Aided Swim Training Program (FAST Swim Program).

(b) The chief school administrator of the employing district board of education shall:

Annually notify the executive county superintendent of all teachers assigned to teach swimming and/or diving; and
Annually forward to the executive county superintendent copies of each valid certificate identified at (a)2 through 4 above for every person assigned to teach swimming and/or diving.

(c) Any person otherwise qualified to serve as a substitute pursuant to N.J.A.C. 6A:9B-7 shall be required to hold all of the safety certificates at (a) above to serve as a substitute for a swimming and water safety teacher.

History

Amended and recodified from N.J.A.C. 6A:9B-10.12 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-11.11 Teacher of Supplemental Instruction in Reading and Mathematics, Grades K-8

(a) To be eligible for a CE with a Teacher of Supplemental Instruction in Reading and Mathematics, Grades K-8 endorsement, an applicant shall complete all of the requirements at N.J.A.C. 6A:9B-8.3 and 10.2 for a CE with a Teacher of Elementary School K-6 endorsement.

(b) To be eligible for a CEAS with a Teacher of Supplemental Instruction in Reading and Mathematics, Grades K-8 endorsement, the candidate shall:

Meet the requirements at (a) above;
Complete one of the educator preparation program alternatives culminating in clinical practice appropriate to the Elementary School Teacher K-6 endorsement in accordance with N.J.A.C. 6A:9B-8.2; and
Meet the GPA and test-score requirements at N.J.A.C. 6A:9B-8.2.

May not be assigned to more than two schools; and
Shall conduct all teaching in a formal classroom environment with a minimum of eight students. The classroom environment shall approximate the experiences that novice teachers are expected to have, including, but not limited to, lesson planning, effective classroom management, instructional strategies, and incorporation of the NJSLS and the content-based professional standards for kindergarten through grade six (K-6) instruction.

(d) While teaching under a provisional endorsement, the teacher shall participate in a State-approved district training program appropriate to holders of the elementary school (K-6) endorsement.

(e) Holders of the standard certificate for Teacher of Supplemental Instruction in Reading and Mathematics, Grades K-8 shall not be eligible for other standard instructional certificate endorsements under N.J.A.C. 6A:9B-9.1(b) until they first complete all requirements for one other standard instructional certificate endorsement. Upon receipt of the second standard instructional endorsement, holders of the standard certificate for Teacher of Supplemental Instruction in Reading and Mathematics, Grades K-8 then shall be eligible for additional standard instructional endorsements under N.J.A.C. 6A:9B-9.1(b).

History

Amended and recodified from N.J.A.C. 6A:9B-10.18 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-11.12 Requirements for the charter school certificate of eligibility (CSCE)

(a) All endorsements authorized in the section may be used only for employment in charter schools and do not satisfy the requirements for employment in traditional public schools.

(b) Except as indicated at N.J.A.C. 6A:9B-11.2 through 11.6, 11.10, and 11.11, the candidate shall do the following to be eligible for a CSCE with instructional endorsements:

Hold a bachelor's or an advanced degree from an accredited college or university;
Meet the GPA requirements, or its exceptions, and pass the basic skills assessment, pursuant to N.J.A.C. 6A:9B-8.3(a)5; and
Pass the appropriate State test(s) of subject-matter knowledge.

(c) Except as indicated at N.J.A.C. 6A:9B-11.2 through 11.6, 11.8, 11.10, and 11.11, a candidate shall do the following to be eligible for a charter school provisional certificate:

Hold a CSCE in the endorsement area required for the teaching assignment; and
Obtain and accept an offer of employment in a position that requires an instructional certificate.

(d) Except as indicated at N.J.A.C. 6A:9B-11.2 through 11.6, 11.8, 11.10, and 11.11, the candidate shall do the following to be eligible for the charter school standard certificate in any instructional area:

Possess a provisional charter school certificate pursuant to (c) above; and
Successfully complete at least two school years at the charter school while employed provisionally in a position requiring the appropriate instructional certificate.

(e) The charter school shall provide written recommendation for the issuance of a standard charter school certificate.

History

New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Former N.J.A.C. 6A:9-11.19, Individuals enrolled in degree programs prior to January 7, 2008, recodified to N.J.A.C. 6A:9-11.20.
Amended by R.2014 d.112, effective 7/7/2014.
See: 45 N.J.R. 2072(a), 46 N.J.R. 1634(a).
Rewrote (b)2.
Recodified from N.J.A.C. 6A:9B-10.19 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Requirements for the charter school certificate of eligibility". Rewrote the section.
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-11.13 Requirements for mathematics and science add-on endorsement

(a) All endorsements authorized pursuant to this section shall be used only for employment in areas of mathematics and science in foundational courses in the subject area sequence.

(b) To be eligible for a CE with a mathematics or science endorsement as an add-on, the candidate shall be exempt from the requirements at N.J.A.C. 6A:9B-9.1 and instead shall:

Hold a valid New Jersey CEAS or standard instructional certificate;

Complete at least six of the 30 credits of appropriate coursework in the subject area as required at N.J.A.C. 6A:9B-9.1(a), 10, or 11;

Demonstrate at least two years of successful teaching pursuant to a valid New Jersey or out-of-State equivalent instructional teaching certificate; and
Be enrolled in, and recommended for a CE by an educator preparation program, pursuant to N.J.A.C. 6A:9A-5.6.

(c) Candidates holding and employed under a CE issued pursuant to (b) above shall be eligible for a provisional certificate issued pursuant to N.J.A.C. 6A:9B-8.4.

(d) Candidates holding a CE issued pursuant to (b) above shall complete all requirements for a standard certificate with a mathematics or science area endorsement pursuant to N.J.A.C. 6A:9B-9.1(a), 10, or 11, as applicable.

(e) To be eligible for a standard certificate with a mathematics or science endorsement, candidates holding a CE issued pursuant to (b) above shall:

Meet the coursework and subject matter knowledge assessment requirements for the endorsement area at N.J.A.C. 6A:9B-9.1(a);
Successfully complete the educator preparation program approved pursuant to N.J.A.C. 6A:9A-5.6; and
Be recommended for a standard certificate by the educator preparation program.

History

Adopted by 55 N.J.R. 853(a), effective 5/1/2023

N.J. Admin. Code § 6A:9B-11.14 Requirements for the early college high school certificate of eligibility

(a) All endorsements issued pursuant to this section authorize the certificate holder to teach grades seven through 12 only in an early college high school program.

(b) Except as indicated at N.J.A.C. 6A:9B-11.2 through 11.6, 11.10, and 11.11, a candidate for the early college high school CE with an instructional endorsement shall meet the following requirements:

Hold an advanced degree from an accredited college or university in a field related to the subject area being taught;
Have experience teaching students at any grade level, including postsecondary; and
Pass the appropriate State test of subject-matter knowledge.

(c) Except as set forth at N.J.A.C. 6A:9B-11.2 through 11.6, 11.8, 11.10, and 11.11, a candidate for the early college high school provisional certificate in an instructional area shall meet the following requirements:

Show documentation that an early college high school intends to employ the candidate in a teaching position; and
Enroll in the provisional teacher program pursuant to N.J.A.C. 6A:9B-8.4 and 8.6.

(d) Except as set forth at N.J.A.C. 6A:9B-11.2 through 11.6, 11.8, 11.10, and 11.11, a candidate for the early college high school standard certificate in any instructional area shall meet the following requirement:

Demonstrate the successful completion of at least four school years of teaching under an early college high school provisional certificate with annual summative evaluation ratings of "effective" or "highly effective" issued pursuant to N.J.A.C. 6A:10 and required at N.J.A.C. 6A:9B-8.6.

History

Adopted by 55 N.J.R. 853(a), effective 5/1/2023

Subchapter 11A REQUIREMENTS FOR TEACHER LEADER ENDORSEMENT

N.J. Admin. Code § 6A:9B-11A.1 Purpose of requirements

A certificate holder with the teacher leader endorsement shall be prepared to demonstrate the Teacher Leader Model Standards, pursuant to N.J.S.A. 18A:26-2.19.f

History

Adopted by 51 N.J.R. 724(b), effective 5/20/2019

N.J. Admin. Code § 6A:9B-11A.2 Authorization

Holders of the teacher leader endorsement are authorized to assume responsibilities that are consistent with the Teacher Leader Model Standards, pursuant to N.J.S.A. 18A:26-2.19.f.

History

Adopted by 51 N.J.R. 724(b), effective 5/20/2019

N.J. Admin. Code § 6A:9B-11A.3 Requirements

(a) To be eligible for the teacher leader endorsement, the candidate shall meet the following requirements:

Possess a New Jersey standard instructional certificate;
Demonstrate a minimum of four years of teaching experience under a valid New Jersey or out-of-State certificate;
Demonstrate a minimum of two effective or highly effective annual summative ratings in the three most recent years under the New Jersey evaluation system or appropriate equivalent criteria in another state;
Complete a program of study with a Commissioner-approved teacher leader program provider, pursuant to N.J.A.C. 6A:9A-6; and
Pass a Commissioner-approved performance assessment.

(b) A candidate who meets the requirements at (a)1 through 5 above shall be exempt from the minimum GPA requirements at N.J.A.C. 6A:9B-8.2.

History

Modified by Executive Order No. 103(2020), effective 11/30/2020.
See: 53 N.J.R. 5(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

Subchapter 12 REQUIREMENTS FOR ADMINISTRATIVE CERTIFICATION

N.J. Admin. Code § 6A:9B-12.1 Purpose of requirements

(a) The requirements for an administrative certificate shall apply when:

Approving educator preparation programs for administrative and supervisory personnel;
Evaluating the eligibility of candidates for an administrative certificate or an administrative certificate with a supervisor endorsement; and

Approving residency programs required of candidates for an administrative certificate with a principal or school administrator endorsement.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote (a)3; added new (b); and recodified former (b) through (e) as (c) through (f).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Deleted former (b), recodified former (c) and (d) as new (b) and (c), and deleted (e) and (f).

N.J. Admin. Code § 6A:9B-12.2 College degrees

Except as indicated at N.J.A.C. 6A:9B-12.7, all candidates for an administrative certificate shall hold a master's or higher degree from an accredited college or university.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (b), substituted "Clinical" for "certified" following "Licensed"; in (c), rewrote 1.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Substance awareness coordinator". In the introductory paragraph of (a), substituted "student assistance" for "substance awareness" twice, and in (a)1 and (a)4, inserted "school" preceding "district"; rewrote (c)1; in (c)2 and (d)2, substituted "program" for "curriculum"; and in (g)2, substituted "N.J.A.C. 6A:9-17.18(d)" for "N.J.A.C. 6A:9-17.17(d)".

N.J. Admin. Code § 6A:9B-12.3 Authorization

(a) The school administrator endorsement is required for any position that involves services as a district-level administrative officer. Such positions shall include superintendent, assistant superintendent, and director. Holders of this endorsement shall be authorized to:

Provide educational leadership by directing the formulation of districtwide goals, plans, policies, and budgets, by recommending their approval by the district board of education, and by directing their districtwide implementation;
Recommend for approval by the district board of education all staff appointments and other personnel actions, such as terminations, suspensions, and compensation, including the appointment of school business administrators;

Direct school district operations and programs;

Supervise and evaluate building administrators and central office staff, including school business administrators;
Oversee the administration and supervision of school-level operations, staff, and programs; and
Serve as principal or supervisor as provided at (b) and (c) below.

(b) The principal endorsement is required for any position that involves service as an administrative officer of a school or other comparable unit within a school or school district. Such positions shall include assistant superintendent for curriculum and instruction, principal, assistant principal, vice principal, director, and supervisor. Holders of this endorsement shall be authorized to:

Provide educational leadership by directing the formulation of goals, plans, policies, budgets, and personnel actions of the school or other comparable unit, by recommending them to the chief district administrator, and by directing their implementation in the school or other comparable unit;
Direct and supervise all school operations and programs;
Evaluate school staff, including teaching staff members; and
Direct the activities of school-level supervisors.

(c) The supervisor endorsement is required for both supervisors of instruction and athletic directors who do not hold a standard principal's endorsement. The supervisor shall have the authority and responsibility for the continuing direction, evaluation, and guidance of teaching staff members.

Effective January 1, 2018, the supervisor endorsement no longer shall authorize appointment as an assistant superintendent in charge of curriculum and/or instruction.

i. Holders of the supervisor endorsement issued prior to January 1, 2018, shall continue to be authorized to hold a position as an assistant superintendent in charge of curriculum and/or instruction.

(d) The school business administrator endorsement is required for the chief financial officer of a school district. Such positions shall include assistant superintendent for business, school business administrator, and assistant school business administrator. Holders of this endorsement shall be authorized to:

Perform duties at the school district level in the areas of financial budget planning and administration, financial accounting and reporting, insurance/risk administration, and purchasing; and

Engage in facilities planning, personnel administration, administration of transportation and food services, and central data-processing management.

History

Amended by R.2004 d.306, effective 8/2/2004.
See: 36 N.J.R. 1636(a), 36 N.J.R. 3526(a).
In (b), inserted "educational services" following "To be eligible for the standard" and "with a school nurse endorsement," preceding "a candidate shall hold" in the first sentence of the introductory paragraph, and inserted "urban" following "inter-group relations, and" and substituted "rural" for "inner-city" in 1vii.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Added last sentence to (b); deleted (b)1; recodified existing i-viii as 1-8 and redesignated ix and x as 9 and 10 and made a stylistic change; deleted 2; and added 11.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.

N.J. Admin. Code § 6A:9B-12.4 School administrator

(a) To be eligible for the school administrator CE, the candidate shall:

Complete one of the following:

i. Hold a master's or higher degree in educational leadership, curriculum and instruction, or one of the recognized fields of leadership or management from an accredited college or university; or

ii. Hold a master's degree from an accredited college or university and complete a graduate-level program in educational leadership, curriculum and instruction, or one of the recognized fields of leadership or management;

Complete a 150-hour internship in educational leadership aligned to the Professional Standards for School Leaders and in accordance with the roles and responsibilities as a school administrator, independent of other course requirements. This internship either shall appear on a transcript from a four-year regionally accredited college or university or must be certified by a Commissioner-approved program for preparing school administrators;

Pass a State-approved examination aligned with the Professional Standards for School Leaders and most directly related to the functions of superintendents at N.J.A.C. 6A:9B-12.3(a); and

Complete five years of successful educational experience in a school district, nonpublic school, or an accredited college or university.

(b) A candidate who matriculates and enrolls in a Commissioner-approved educational leadership preparation program on or after September 1, 2008, shall be required to complete all requirements at (a) above.

Hold a school administrator CE; and
Obtain and accept an offer of employment in a position requiring the school administrator certificate in a school district that has agreed formally to sponsor the residency.

(d) The effective date of provisional certificate issuance shall be the date on which the CE holder begins employment with the district board of education in a certified position in accordance with N.J.S.A. 18A:26-2 and 18A:27-4a.

(e) To be eligible for the standard administrative certificate with a school administrator endorsement, the candidate shall:

Possess a provisional certificate pursuant to (a) and (b) above; and
Complete a one-year Commissioner-approved residency program while employed under a provisional certificate in a school or school district. However, the Commissioner is authorized to reduce or remove the residency requirement based on the candidate's prior experience.

(f) The Commissioner-approved program provider selected by the candidate shall implement the residency program, which shall:

Take place in a functioning school or school district;
Provide professional experiences, training, mentoring, instruction, and opportunities to network with other candidates and experienced school administrators;
Develop the candidate's thorough understanding of the NJSLS, the Professional Standards for Teachers, and the Professional Standards for School Leaders;
Ensure the employing school or school district, the candidate, the Commissioner-approved residency mentor, and the provider enter into a standard Department-issued agreement prior to the candidate starting the residency program; and
Provide a State-approved mentor who meets the requirements at (g) below.

(g) The Commissioner-approved mentor shall have a minimum of three years' experience as an effective school administrator and been engaged in New Jersey public schools for at least three of the last five years. Prior to mentoring a candidate, the mentor shall complete a Department-approved mentor training program. The mentor shall:

Provide support based on an individualized mentoring plan, pursuant to (i) below, which shall take the place of the individualized professional development plan during the residency period and shall be developed collaboratively by the mentor, the candidate, and the candidate's supervisor;

Supervise and verify the candidate's completion of all required experiences and training;

Meet with the candidate at least once a month during the residency. The mentor shall be available on a regular basis to provide confidential assistance or advice upon the candidate's request;
Guide the candidate through a self-assessment based on the Professional Standards for School Leaders;
Assist the candidate in developing the required individual professional development plan for the school year following the residency period; and
Act as agents of the Board of Examiners in formulating their certification recommendations, which is not subject to review or approval by district boards of education.

(h) The individualized mentoring plan shall be:

Based on the candidate's preparation, past work experience, and the unique leadership demands of the employing school or school district;
Developed to provide support in the following areas:

i. School or school district planning and policy formulation;

ii. District board of education operations and relations, if applicable;

iii. Supervision of schoolwide or districtwide programs of curriculum, instruction, and student services;

iv. Collegial management, participatory decision-making, and professional governance;

v. The roles, supervision, and evaluation of central office staff and school principals;

vi. School or school district financial, legal, and business operations;

vii. Management of district operations, school facilities, labor relations, and collective bargaining;

viii. Government and community relations; and

ix. School law.

(i) Mentors shall formally evaluate candidates for the school administrator endorsement at least three times.

All performance evaluations shall be aligned with the Professional Standards for School Leaders. The mentor shall discuss each evaluation with the candidate, and the mentor and candidate shall sign each report.
The final evaluation shall be the basis for issuance of the candidate's standard certificate.

(j) A candidate for a standard certificate with a school administrator endorsement shall be approved or disapproved by the Commissioner-approved residency program pursuant to the following procedures:

This final report shall include one of the following certification recommendations:

i. Approved: Recommends issuance of a standard certificate;

ii. Insufficient: Recommends a standard certificate not be issued, but the candidate be allowed to continue the residency or seek admission to another residency for one additional year; or

iii. Disapproved: Recommends a standard certificate not be issued and the candidate shall be prevented from continuing or re-entering a residency.

The mentor shall provide the candidate with a copy of the signed evaluation report, and the mentor's recommendation, before submitting it to the Department.
Candidates who receive an "approved" recommendation shall be issued a standard certificate.

(k) A candidate who receives a "disapproved" recommendation or two or more "insufficient" recommendations may appeal to the Board of Examiners pursuant to N.J.A.C. 6A:9B-4.13.

(l) An experienced New Jersey principal who holds a master's degree or higher in a field not at (a)1 above may satisfy the degree requirement by meeting the requirements at (a)3 above and the following:

A valid, standard New Jersey principal endorsement; and
Official documentation of five years of successful full-time experience as a principal or assistant superintendent of curriculum and instruction in a New Jersey public school or in an approved nonpublic school.

(m) Other provisions of this chapter notwithstanding, the Board of Examiners shall issue a CE, a provisional certificate, and a standard certificate for school administrator to a candidate for appointment as chief school administrator in a school district in which the State appoints the chief school administrator.

The Commissioner shall direct the Board of Examiners to issue a CE to the candidate if the candidate:

i. Possesses a bachelor's or higher degree from an accredited four-year college or university;

ii. Has sufficient management and executive leadership experience in a public or private organization, as determined by the Commissioner, to allow the candidate to successfully administer the State-operated school district. The candidate shall document the experience in alignment with the Professional Standards for School Leaders. The Commissioner will align the review of the candidate's documented experience with the Professional Standards for School Leaders and will base judgment of the candidate's relevant experience on the review; and

iii. Passes a criminal history review prior to issuance of the CE.

The Board of Examiners shall issue a provisional certificate to the candidate meeting the criteria at (m)1 above upon the candidate's appointment by the State Board as State-operated school district superintendent pursuant to N.J.S.A. 18A:7A-35.
The Board of Examiners shall issue a standard certificate to the candidate if the candidate:

i. Has successfully completed a residency per (e) through (i) above;

ii. Has successfully passed two formative performance reviews and one summative performance review by the Department on a schedule to be set by the Department. The performance reviews shall be based in part upon a portfolio prepared by the candidate that documents the experience in the superintendent position as aligned with the Professional Standards for School Leaders; and

iii. Has passed a Department-approved assessment for school administrators.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Added (k).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Substituted "N.J.A.C. 6A:9-12.5(j)2" for "N.J.A.C. 6A:9-12.5(i)2" in (a)1iv.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote the section.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (b), substituted "state-approved" for "State-approved" twice; added new (c); recodified former (c) through (l) as (d) through (m); in (f), substituted "(i)" for "(h)"; and in (i)1, substituted "(e)" for "(d)".
Amended by R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Deleted former (k); and recodified former (l) and (m) as (k) and (l).
Amended by R.2011 d.226, effective 8/15/2011.
See: 43 N.J.R. 767(a), 43 N.J.R. 2176(a).
Added (m) and (n).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Recodified from N.J.A.C. 6A:9B-11.4 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Rewrote the section. Former N.J.A.C. 6A:9B-12.4, School nurse/non-instructional, recodified to N.J.A.C. 6A:9B-14.4.
Administrative change.
See: 48 N.J.R. 1802(a).
Amended by R.2017 d.057, effective 4/3/2017.
See: 48 N.J.R. 2188(a), 49 N.J.R. 641(a).
In (a)2, deleted "(a)1 through 6" following "N.J.A.C. 6A:9-3.4".
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-12.5 Principal

(a) To be eligible for the principal CE, the candidate shall:

Complete one of the following:

i. Hold a master's degree in educational leadership, curriculum and instruction, or one of the recognized fields of leadership or management from an accredited college or university;

iii. Hold a master's degree from an accredited program in educational leadership from an out-of-State college or university;

Complete a 300-hour internship in educational leadership aligned to the Professional Standards for School Leaders and in accordance with the roles and responsibilities as a principal, independent of other course requirements. This internship either shall appear on a transcript from a four-year accredited college or university or be certified by a Commissioner-approved program for preparing school principals;

Pass a Department-approved examination of knowledge acquired through study aligned to the Professional Standards for School Leaders and most directly related to the functions of principals at N.J.A.C. 6A:9B-12.3(b); and

Complete five years of successful educational experience under a valid provisional or standard New Jersey certificate or equivalent out-of-State certificate.

Hold a principal CE; and
Obtain and accept an offer of employment in a position requiring the principal endorsement in a school or school district that has agreed formally to sponsor the residency.

(e) The Commissioner-approved principal residency program provider shall notify the Office that a principal is eligible for the standard administrative certificate with a principal endorsement when the candidate:

Possesses a provisional certificate pursuant to (a) and (c) above;
Completes a two-year Commissioner-approved residency program while employed under a provisional certificate with a principal endorsement in a school or school district. However, the Commissioner is authorized to reduce or remove the residency requirement based on the candidate's prior experience;

Has been reviewed by the mentor pursuant to (i) below and is recommended for the standard certificate pursuant to (j) below; and

Has paid to the program provider any fees that may be required by the Department to cover the cost of the training and mentoring services.

(f) The Commissioner-approved program provider selected by the employing school or school district shall implement the residency program, which shall:

Take place in a school or school district;
Provide professional experiences, training, mentoring, instruction, opportunities to network with other candidates and experienced principals, and specific training on the school's or school district's educator evaluation systems;
Develop the candidate's thorough understanding of the NJSLS, the Professional Standards for Teachers, and the Professional Standards for School Leaders;
Ensure the employing school or school district, the candidate, the Department-approved mentor, and the provider enter into a standard Department-issued agreement prior to the candidate starting the residency program;
Provide a Department-approved mentor who meets the below requirements:

i. Have a minimum of three years' experience as an effective principal. "Effective" means the principal has received a summative rating of "effective" or "highly effective," pursuant to N.J.A.C. 6A:10-5, in at least three years of service in a position requiring a principal endorsement;

ii. Have been engaged in New Jersey public schools for at least three of the last five school years; and

iii. Complete a State-approved mentor training program.

(g) The mentor from the program provider shall:

Supervise and verify the candidate's completion of all required experiences and training;
Meet with the principal candidate at least once a month during the residency. The mentor shall be available on a regular basis to provide assistance or advice upon the candidate's request;
Provide confidential guidance and support;
Guide the candidate through a self-assessment based on the employing school district's Commissioner-approved principal evaluation practice instrument;
Consult with the principal candidate's direct supervisor in development of the principal candidate's individualized mentoring plan;
Not serve as the candidate's direct supervisor or conduct the candidate's evaluation; and
Provide support based on an individualized mentoring plan developed collaboratively by the mentor, the candidate, and the candidate's supervisor.

(h) The mentoring plan shall take the place of the individualized professional development plan, pursuant to N.J.A.C. 6A:9C-3, during the residency period. The mentoring plan shall be individualized based on the candidate's preparation, past work experience, and the unique leadership demands of the employing school or school district. Support for the candidate in the following areas shall be considered in developing the individualized plan:

Curriculum leadership;

Supervision of instruction;

Student personnel services;

Personnel management;

Community relations;
Student relations;
Facilities management;
School finance;
School law;
Technical administrative skills; and
Professional development.

(i) The Commissioner-approved program provider shall base the recommendation for the standard administrative certificate with a principal endorsement on at least three reviews conducted by the mentor in each year of the two-year residency for a minimum of six reviews.

The first five reviews shall be conducted mainly for diagnostic purposes.
The final review shall be the basis for issuance of the candidate's standard certificate. The final review shall be aligned with the Professional Standards for School Leaders and informed by the candidate's performance on all prior reviews.
The Commissioner-approved program provider shall ensure the principal candidate's direct supervisor is consulted regarding the candidate's performance prior to submitting the candidate's final review to the Department on a State-developed form.

(j) The Commissioner-approved program provider shall recommend for approval or disapproval principal candidates for certification pursuant to the following procedures:

The Commissioner-approved program provider shall submit to the Office a comprehensive final report on the candidate's performance review pursuant to (i) above.
This final report shall include one of the following certification recommendations:

i. Approved: Recommends issuance of a standard certificate;

ii. Insufficient: Recommends a standard certificate not be issued, but the candidate be allowed to continue the residency or seek admission to another residency for two additional years; or

iii. Disapproved: Recommends a standard certificate not be issued and the candidate who is disapproved shall be prevented from continuing or re-entering a residency.

Candidates who receive a recommendation of "approved" shall be issued a standard certificate.

(k) A candidate who receives a "partially effective" or "ineffective" evaluation or two or more "ineffective" evaluations may appeal to the Board of Examiners pursuant to N.J.A.C. 6A:9B-4.13.

(l) Each candidate who holds a valid New Jersey or out-of-State supervisor endorsement and a master's degree or higher in a field other than one required at (a)1 above shall be eligible for a principal CE by submitting official documentation of the following to the Department:

Five years of successful full-time experience as a supervisor of an instructional area or department related to the NJSLS under a valid New Jersey or out-of-State supervisor certificate;
Completion of a Commissioner-approved certification program in educational leadership offered by a Commissioner-approved provider. The program shall include, but not be limited to:

i. Preparation for educational leadership through experiences related to the performance-based Professional Standards for School Leaders and the NJSLS;

ii. Two hundred twenty-five clock hours of formal instruction in quality components of preparation to promote student learning as set forth in the Professional Standards for School Leaders; and

iii. A school district internship consisting of a minimum of 300 hours providing professional experiences in school administration; and

Passage of a State-approved examination of knowledge acquired through study aligned with the Professional Standards for School Leaders and directly related to the functions of principals at N.J.A.C. 6A:9B-12.3(b).

(m) Each candidate who holds a valid New Jersey or out-of-State supervisor endorsement and a master's degree or higher in a field not required at (a)1 above, but has zero to five years' supervisory experience, will be eligible for a principal CE by submitting to the Department official documentation of the following:

Five years of successful full-time teaching experience under a valid New Jersey or out-of-State teaching certificate;
Completion of a Commissioner-approved certification program in educational leadership offered by a Commissioner-approved provider. The program shall contain the same elements as at (j)2 above. However, the program shall consist of a minimum of 275 clock hours and a 300-hour internship; and
Passage of a State-approved examination of knowledge acquired through study aligned with the Professional Standards for School Leaders and directly related to the functions of principals as defined at N.J.A.C. 6A:9B-12.3(b).

(n) Each candidate with at least five years of successful full-time teaching experience under a valid New Jersey or out-of-State teaching certificate and a master's degree or higher in a field other than one required at (a)1 above will be eligible for a principal CE by submitting to the Department official documentation of the following:

Completion of a Commissioner-approved certification program in educational leadership offered by a Commissioner-approved provider. The program shall contain the same elements as at (j)2 above. However, the program shall consist of a minimum of 300 clock hours and a 300-hour internship; and
Passage of a State-approved examination of knowledge acquired through study aligned with the Professional Standards for School Leaders and directly related to the functions of principals as defined at N.J.A.C. 6A:9B-12.3(b).

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
Added (m).
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (d), substituted "six" for "three" in the first sentence and "five" for "two" in the second sentence; inserted "or out-of-State" in (j), (j)1 and (k); and inserted "under a valid New Jersey or out-of-State teaching certificate" in (k)1 and (l).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote the section.
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (b), substituted "state-approved" for "State-approved"; added new (c); recodified former (c) through (n) as (d) through (o); in (f), substituted "(i)" for "(h)"; in (i)1, substituted "(f)" for "(e)"; in (m)2, substituted "(l)2" for "(k)2"; and in (n)1, substituted "(l)2" for "(k)2".
Amended by R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Deleted former (k); and recodified former (l) through (o) as (k) through (n).
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Recodified from N.J.A.C. 6A:9B-11.5 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Rewrote the section. Former N.J.A.C. 6A:9B-12.5, School social worker, recodified to N.J.A.C. 6A:9B-14.5.
Administrative change.
See: 48 N.J.R. 1802(a).
Amended by R.2017 d.057, effective 4/3/2017.
See: 48 N.J.R. 2188(a), 49 N.J.R. 641(a).
In (a)2, (k)2ii, (k)3, (l)3, and (m)2, deleted "(a)1 through 6" following "N.J.A.C. 6A:9-3.4".
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-12.6 Supervisor

(a) To be eligible for the standard administrative certificate with a supervisor endorsement, a candidate shall:

Hold a master's or higher degree from an accredited college or university;
Successfully complete one of the following:

i. A Commissioner-approved college curriculum that specifically prepares the candidate for the endorsement;

ii. Twelve graduate-level semester-hour credits, including the following:

(1) Three credits in general principles of instructional staff supervision in preschool through grade 12;

(2) Three credits in general principles of curriculum design and development for preschool through grade 12; and

(3) Six elective credits in instructional staff supervision and/or curriculum design and development; or

iii. A Commissioner-approved training program that is implemented by a Commissioner-approved provider and specifically prepares the candidate for the endorsement; and

Hold a standard New Jersey instructional or educational services certificate, or its out-of-State equivalent, and complete three years of successful, full-time teaching and/or educational services experience. Teaching and/or educational services experience completed in a New Jersey school district shall have been under an appropriate New Jersey certificate.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Rewrote (e).
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Rewrote (d); in (e), inserted "either" and "currently" and substituted "in which the candidate" for "and" following the second occurrence of "speech pathology".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote (e) and (f), and added (g) through (i).

N.J. Admin. Code § 6A:9B-12.7 School business administrator

(a) To be eligible for the school business administrator CE, the candidate shall:

Hold a master's degree or higher degree from a regionally accredited college or university or be in possession of a certified public accountant license; and
Complete at least 18 credits of graduate or undergraduate study in the following areas:

i. Economics;

ii. Law;

iii. Accounting;

iv. Organizational theory;

v. Management or administration; and

vi. Finance.

(b) To be eligible for a provisional administrative certificate with a school business administrator endorsement, the candidate shall:

Hold a school business administrator CE; and
Obtain and accept an offer of employment in a position that requires the school business administrator endorsement in a school district or an approved private school for students with disabilities that has agreed formally to sponsor the residency.

(c) To be eligible for the standard administrative certificate with a school business administrator endorsement, the candidate shall:

Possess a provisional certificate pursuant to (b) above;
Complete a one-year Commissioner-approved school or school district residency program while employed under a provisional certificate. The residency shall:

i. Take place in a functioning school or school district environment, and require the candidate to develop a thorough understanding of the NJSLS, the Professional Standards for Teachers, and the Professional Standards for School Leaders. Candidates shall demonstrate that understanding by providing support for the educational goals of the school or school district;

ii. Be conducted in accordance with a standard Department-issued agreement and entered into by the Department, the employing school or school district, the candidate, and the residency mentor. No residency program may be undertaken without a valid agreement;

iii. Be administered by a State-appointed mentor, who shall be an experienced school business administrator who has completed a State-approved orientation and who shall supervise and verify the candidate's completion of all required experiences and training;

(1) At the start of the residency, the mentor and the school administrator or chief school administrator shall submit to the Department on a State-developed form a written recommendation concerning any area(s) of professional experience that should be waived and additional teaching or other special experiences, if any, that the individual candidate should complete before achieving a standard certificate.

(2) Department review and subsequent approval shall consider the candidate's past work experience and recommended professional experiences during residency, which shall be specified in the standard written agreement; and

iv. Provide professional experiences, training, and a minimum of 145 clock hours of formal instruction in the areas of standards at (c)2i above; school plant planning, construction, and maintenance; school financial and legal practices, including budget planning and administration and double entry accounting (GAAP); pupil transportation; labor relations and personnel; insurance/risk administration; and food service administration; and

Pay to the program provider any fees that may be required by the Department to cover the cost of the training and mentoring services.

(d) Each candidate for the standard administrative certificate with a school business administrator endorsement shall be evaluated formally by the mentor on at least three occasions. The first two evaluations shall be conducted mainly for diagnostic purposes. The final evaluation shall be the basis for issuance of the candidate's standard certificate. All evaluations shall be based on the candidate's performance in areas of authorization at N.J.A.C. 6A:9B-12.3(d) and reported on State-developed forms.

The mentor shall discuss each evaluation with the candidate, and both shall sign each report.
The mentor shall send each completed evaluation to the Department.
The mentor shall send the recommendation for certification, pursuant to (g) below.
The mentor may seek the informal input of the employing district board of education concerning the candidate's standard certification.

(e) The mentor shall meet with the candidate at least once a month during the residency. The mentor shall be available on a regular basis to provide assistance or advice upon the candidate's request.

(f) Each candidate for the standard administrator certificate with a school business administrator endorsement shall be approved or disapproved pursuant to the following procedures:

Before the end of the residency year, the mentor shall submit to the Department a comprehensive evaluation report on the candidate's performance, pursuant to N.J.A.C. 6A:9B-12.7(d).
This final report shall include one of the following certification recommendations:

i. Approved: Recommends issuance of a standard certificate;

ii. Insufficient: Recommends a standard certificate not be issued, but the candidate be allowed to continue the residency or seek admission to another residency for one additional year; or

iii. Disapproved: Recommends a standard certificate not be issued and the candidate shall be prevented from continuing or re-entering a residency.

Candidates who receive a recommendation of "approved" shall be issued a standard certificate.

(g) A candidate who receives a "disapproved" recommendation or two or more "insufficient" recommendations may appeal to the Board of Examiners pursuant to N.J.A.C. 6A:9B-4.13.

(h) The requirements at (a) through (g) above shall not apply to persons who hold standard administrative certificates with the following endorsements issued before September 1, 1991: school business administrator, assistant superintendent for business, or assistant executive superintendent with specialization in business administration. Holders of those endorsements shall be entitled prospectively to apply for all positions in the general category of business administration.

(i) Board secretaries who lack certification but were assigned prior to September 1, 1991, to perform the business administration functions at N.J.A.C. 6A:9B-12.3(d) shall be permitted to retain indefinitely their positions in the school districts in which they were employed prior to September 1, 1991.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Inserted "or student personnel services" in (b) and (c)1.
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In the introductory paragraph of (b), substituted "one of the following" for "a graduate level course in each of the following required areas"; added new (b)1 and (b)2; and recodified former (b)1 through (b)3 as (b)2i through (b)2iii.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In the introductory paragraph of (b), inserted a comma following the third occurrence of "certificate"; in the introductory paragraph of (b)2, substituted "graduate-level" for "graduate level"; and deleted (d).

N.J. Admin. Code § 6A:9B-12.8 Requirements for interstate reciprocity

(a) Notwithstanding any other provision of this subchapter, any applicant for an administrative certificate who presents a valid administrative certificate issued by any other state shall be issued, upon payment of the appropriate fee, a New Jersey administrative CE for the equivalent New Jersey endorsement(s) for school administrator, principal, or school business administrator, or shall be issued the equivalent New Jersey standard supervisor endorsement. If there is no equivalent current New Jersey endorsement, then the provisions at N.J.A.C. 6A:9B-12.1 through 12.7 shall apply to the candidate. The following limitation shall apply:

If New Jersey has an equivalent endorsement with required subject-matter test for the candidate's endorsement, the applicant shall have passed a state subject-matter test to receive the out-of-State endorsement or else shall pass the appropriate New Jersey subject-matter test. This limitation shall not apply if the applicant has five years of experience in good standing under the out-of-State certificate. Experience in good standing shall be documented by a letter of experience from the applicant's supervisor or authorized school district representative.

History

New Rule, R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Recodified from N.J.A.C. 6A:9B-11.8 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Rewrote the introductory paragraph of (a); and in (a)1, inserted "school". Former N.J.A.C. 6A:9B-12.8, School counselor, recodified to N.J.A.C. 6A:9B-14.8.
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-12.9 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.9 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "School psychologist".

N.J. Admin. Code § 6A:9B-12.10 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.10 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Learning disabilities teacher-consultant".

N.J. Admin. Code § 6A:9B-12.11 School occupational therapist

(a) The school occupational therapist endorsement is required for service as an occupational therapist in grades preschool through 12.

(b) The requirements for the school occupational therapist endorsement are as follows:

A bachelor's degree from a regionally accredited college or university;
Completion of a program in occupational therapy from an approved school; and
A currently valid license issued by the New Jersey Occupational Therapy Advisory Council.

History

Recodified to N.J.A.C. 6A:9B-14.11 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "School occupational therapist".

N.J. Admin. Code § 6A:9B-12.12 School physical therapist

(a) The school physical therapist endorsement is required for service as a physical therapist in grades preschool through 12.

(b) The requirements for the school physical therapist endorsement are as follows:

A bachelor's degree from a regionally accredited college or university;
Completion of a program in physical therapy from an approved school; and
A currently valid license issued by the New Jersey Board of Physical Therapy.

History

Recodified to N.J.A.C. 6A:9B-14.12 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "School physical therapist".

N.J. Admin. Code § 6A:9B-12.13 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.13 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Reading specialist".

N.J. Admin. Code § 6A:9B-12.14 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.14 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "School library media specialist".

N.J. Admin. Code § 6A:9B-12.15 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.15 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Associate school library media specialist".

N.J. Admin. Code § 6A:9B-12.16 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.16 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "School orientation and mobility specialist".

N.J. Admin. Code § 6A:9B-12.17 School athletic trainer

(a) The athletic trainer endorsement is required for service as a school athletic trainer in grades preschool through 12 pursuant to N.J.S.A. 18A:28-4(b).

(b) To be eligible for the school athletic trainer endorsement, a candidate shall:

Hold a bachelor's degree from a regionally accredited college or university; and

Satisfactorily complete the requirements established by the State Board of Medical Examiners for registration as an athletic trainer pursuant to N.J.A.C. 13:35-10.

History

Recodified to N.J.A.C. 6A:9B-14.17 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "School athletic trainer".

N.J. Admin. Code § 6A:9B-12.18 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.18 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Educational interpreter".

N.J. Admin. Code § 6A:9B-12.19 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.19 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Cooperative education coordinator--hazardous occupations".

N.J. Admin. Code § 6A:9B-12.20 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.20 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Cooperative education coordinator".

N.J. Admin. Code § 6A:9B-12.21 Reserved

History

Recodified to N.J.A.C. 6A:9B-14.21 by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Section was "Requirements for interstate reciprocity".

N.J. Admin. Code § 6A:9B-12.22 Reserved

History

Recodified to N.J.A.C. 6A:9-13.21 by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
New Rule, R.2011 d.053, effective 2/7/2011.
See: 42 N.J.R. 1947(a), 43 N.J.R. 282(b).
Section was "Reserved".
Recodified to N.J.A.C. 6A:9-13.21 by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Requirements for interstate reciprocity".

Subchapter 13 ACTING ADMINISTRATORS

N.J. Admin. Code § 6A:9B-13.1 General provisions

(a) If illness, death, or another good and sufficient reason causes the district board of education to fill the position of superintendent, assistant superintendent, school business administrator, principal, or vice principal with a person who is designated as the acting administrator in a respective situation and who does not hold the CE or the standard New Jersey certificate required for the position, the district board of education shall apply, in writing, to the Commissioner, through the executive county superintendent, for permission to employ the person in an acting capacity and state the reason(s) why the action is necessary. If the stated reason(s) justifies the need to appoint a person as an administrator in an acting capacity who is not properly certified to hold the position, the Commissioner may approve the request on a case-by-case basis.

(b) Commissioner approval shall be for three months' duration, and may be renewed for a period of three months at a time on a case-by-case basis upon application. If the acting status of the individual is to extend beyond a year, the district board of education shall apply, in writing, to the Commissioner, through the executive county superintendent, for permission to employ the person in an acting capacity and state the reason(s) why the action is necessary. The Commissioner may recommend to the State Board whether to approve the district board of education's application for a letter of temporary certification.

(c) If the State Board grants approval, the Board of Examiners shall be notified and the Commissioner will issue a letter of temporary certification.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a), substituted "principal, or vice principal" for "high school principal, or elementary school principal".

Subchapter 14 REQUIREMENTS FOR EDUCATIONAL SERVICES CERTIFICATION

N.J. Admin. Code § 6A:9B-14.1 Qualifications/general provisions

(a) To be eligible for an educational services certificate, the candidate shall hold the appropriate degree and complete the Department-required test(s) and one of the following:

A Department-approved educational services program at a New Jersey college or university;
An accredited educational services program at an out-of-State college or university; or
All requirements for individual educational services endorsements pursuant to N.J.A.C. 6A:9B-14.3 through 14.21 as determined through a formal credentials evaluation by the Office.

(b) Holders of educational services certificates shall be authorized to serve in preschool through grade 12.

(c) Holders of educational services certificates that are no longer issued after January 20, 2004 may continue to serve in the service areas in which the teaching staff member was authorized to serve under the former rules.

History

Amended and recodified from N.J.A.C. 6A:9B-12.1 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.2 Student assistance coordinator

(a) The student assistance coordinator (SAC) endorsement authorizes the holder to perform the functions of a SAC in preschool through grade 12. The SAC position shall be separate and distinct from any other employment position in the school. The functions of the SAC may include:

Assisting with the in-service training of school staff concerning substance abuse and related issues and with the school district program to combat substance abuse;

Serving as an information resource for substance abuse prevention, curriculum development, and instruction;
Assisting the school district in revising and implementing substance abuse and related policies and procedures;

Developing and administering substance abuse and related intervention services in the school district;

Providing counseling and referral services to students regarding substance abuse and related problems; and

Cooperating with community service providers or other officials in the rendering of substance abuse and related treatment services.

(b) To be eligible for the SAC CE, the candidate shall present one of the following:

A bachelor's or higher degree from an accredited college or university; a valid New Jersey or out-of-State standard certificate as school psychologist, school social worker, school counselor, director of school counseling services, or school nurse; and evidence of graduate study, pursuant to (c)2i through iv below;
A bachelor's or higher degree from an accredited college or university, a valid Licensed Clinical Alcohol and Drug Counselor credential issued by the Alcohol and Drug Counselor Committee of the State Board of Marriage and Family Therapy Examiners, and evidence of graduate study in areas at (c)2iii, vi, and vii below; or
A bachelor's or higher degree from an accredited college or university and a valid Certified Prevention Specialist credential issued by the Addiction Professionals Certification Board of New Jersey and evidence of graduate study in areas at (c)2iv, v, vi, and vii below.

Hold a standard instructional certificate; a school psychologist, school social worker, school counselor, director of school counseling services, or school nurse endorsement; a valid Licensed Clinical Alcohol and Drug Counselor credential issued by the Alcohol and Drug Counselor Committee of the State Board of Marriage and Family Therapy Examiners; a valid Certified Prevention Specialist credential issued by the Addiction Professionals Certification Board of New Jersey; or a master's or higher degree from an accredited college or university;
Complete a Department-approved graduate program with a minimum of 21 semester-hour credits that include study in the following required areas:

i. Fundamentals of substance abuse and dependency;

ii. Child and adolescent development, including research-based strategies for supporting at-risk students;

iii. Curriculum planning, implementation, and staff development;

iv. Coordination and delivery of intervention and referral services and prevention services in school and community settings, including multidisciplinary intervention teams;

v. Assessment and counseling of students and families affected by substance abuse;

vi. School culture and the dynamics of policy and program development; and

vii. School law as it relates to substance abuse; and

Complete a college-supervised SAC practicum.
Possess a SAC CE or CEAS; and

(e) To be eligible for a standard educational services certificate with a SAC endorsement, the candidate shall:

Possess a provisional educational services certificate with a SAC endorsement pursuant to (d) above;
Complete a Department-approved graduate program pursuant to (c) above.

i. Candidates who posess a SAC CE shall be exempt from the requirement at (c)3 above; and

Complete a six-month State-approved school residency while employed full-time under a provisional educational services certificate with a SAC endorsement. If employed half-time, the residency period shall be 12 months. The residency program shall be conducted under the direction of a State-approved residency supervisor who shall hold a standard certificate with a supervisor, principal, or school administrator endorsement. The residency program shall:

i. Operate in accordance with a residency agreement issued by the Department and entered into by the Department, the employing school, the candidate, and the State-approved residency supervisor; and

ii. Include professional experiences in chemical health curriculum planning; implementation and staff development; development and coordination of substance abuse intervention and referral services; development and coordination of prevention program services; and the development of school drug and alcohol policies and procedures.

(f) The State-approved residency supervisor shall have primary responsibility to assure the candidate receives appropriate training, support, practicum experiences, and professional opportunities in the critical job responsibilities specified in the agreement and consistent with (a) above. The residency supervisor shall also evaluate and verify the completion of all required experiences according to the terms and conditions of the residency agreement.

(g) Upon completion of the residency period, the residency supervisor shall complete a comprehensive evaluation report on the candidate's performance based on the candidate's ability to complete the job duties pursuant to N.J.S.A. 18A:40A-18.c and to implement the theoretical concepts at (c)2 above. The residency supervisor shall discuss the evaluation report with the candidate, and the supervisor and candidate shall sign the report as evidence of the discussion. The residency supervisor shall submit the completed evaluation to the Office. The evaluation on each candidate shall include one of the following recommendations:

Approved: Recommends issuance of a standard educational services certificate with a SAC endorsement;
Insufficient: Recommends a standard educational services certificate with a SAC endorsement not be issued, but the candidate be allowed to continue the residency or seek admission to an additional residency. Except for candidates who receive approval pursuant to N.J.A.C. 6A:9B-4.13(d), a candidate who receives a second insufficient recommendation shall be precluded from continuing or re-entering a residency; or
Disapproved: Recommends a standard educational services certificate with a SAC endorsement not be issued. The candidate shall be precluded from continuing or re-entering a residency.

(h) If the candidate disagrees with the residency supervisor's recommendation, the candidate may appeal the recommendation pursuant to N.J.A.C. 6A:9B-4.12.

(i) An emergency certificate is not available for the SAC endorsement.

History

Amended and recodified from N.J.A.C. 6A:9B-12.2 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.3 School nurse

(a) The school nurse endorsement authorizes the holder to perform nursing services and to teach in areas related to health in public schools in preschool through grade 12.

(b) To be eligible for the standard educational services certificate with a school nurse endorsement, a candidate shall hold or complete the following professional licenses, degrees, certifications, and training:

A current New Jersey registered professional nurse license issued by the New Jersey State Board of Nursing;
A bachelor's degree from an accredited college or university;
A current Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillators (AED) certification as issued by the American Heart Association, the American Red Cross, the National Safety Council, or other entities determined by the Department of Health to comply with the American Heart Association's CPR guidelines; and
Complete 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 Academy of Allergy, Asthma and Immunology.

(c) The candidate shall also complete either a Department-approved college curriculum for the preparation of school nurses or a program of studies that is a minimum of 21 semester-hour credits and that includes study in the following topics:

A minimum of six semester-hour credits in school nursing, including school health services, physical assessments, organization and administration of the school health program, and clinical experience in a school nurse office;
Health assessment
Special education and/or learning disabilities;
Methods of teaching health in preschool through grade 12 including curriculum development;
Public health, including public health nursing, community health problems, and communicable disease control;
Guidance and counseling;
School law, including legal aspects of school nursing; and
Substance abuse.

(d) During the initial three years of employment under a school nurse endorsement, the holder shall engage in a minimum of 20 hours of professional development in each of the following: human growth and development; substance abuse and dependency; and human and intercultural relations. The professional development requirements shall be incorporated into each endorsement holder's professional development plan, pursuant to N.J.A.C. 6A:9C-3.

(e) An emergency certificate is not available for the school nurse endorsement.

History

Amended and recodified from N.J.A.C. 6A:9B-12.3 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.4 School nurse/non-instructional

(a) The school nurse/non-instructional endorsement authorizes the holder to perform nursing services in public schools in preschool through grade 12. This endorsement does not authorize the holder to teach in areas related to health.

(b) To be eligible for the standard educational services certificate with a school nurse/non-instructional endorsement, a candidate shall hold or complete the following professional licenses, degrees, certifications, and training:

A current New Jersey registered professional nurse license issued by the New Jersey State Board of Nursing;
A bachelor's degree from an accredited college or university;
A current Providers Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillators (AED) certification as issued by the American Heart Association, the American Red Cross, the National Safety Council, or other entities determined by the Department of Health to comply with the American Heart Association's CPR guidelines; and
Complete 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 Academy of Allergy, Asthma and Immunology.

(c) The candidate also shall complete either a Department-approved college curriculum for the preparation of school nurses or a program of studies that is a minimum of 15 semester-hour credits and that includes study in the following topics:

A minimum of six semester-hour credits in school nursing, including school health services, physical assessments, organization and administration of the school health program and clinical experience in a school nurse office;
Health assessment;
Public health, including such areas as public health nursing, community health problems and communicable disease control;
Special education and/or learning disabilities;

Guidance and counseling;

School law, including legal aspects of school nursing; and
Substance abuse.

(d) During the initial three years of employment under a school nurse/non-instructional endorsement, the holder shall engage in a minimum of 20 hours of professional development in each of the following: human growth and development; substance abuse and dependency; and human and intercultural relations. The professional development requirements shall be incorporated into each endorsement holder's professional development plan, pursuant to N.J.A.C. 6A:9C-3.

(e) Upon the executive county superintendent's request, the Office may issue an emergency certificate to a candidate who holds a bachelor's degree from an accredited college or university, a current New Jersey registered professional nurse license, and current CPR/AED certification. The candidate shall present evidence of study in public health nursing. The study must appear on the transcript of an accredited four-year college or university.

History

Amended and recodified from N.J.A.C. 6A:9B-12.4 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.5 School social worker

(a) The school social worker endorsement authorizes the holder to serve as a school social worker in public schools in preschool through grade 12.

(b) To be eligible for the standard educational services certificate with a school social worker endorsement, the candidate shall hold a master's degree from an accredited college or university and complete a total of 30 graduate-level semester-hour credits with a study in each area listed below:

Psychology, including general psychology, educational psychology, psychology of adolescence, and child growth and development;
Special education and/or learning disabilities;
Social and cultural matters within the school and broader community;
A minimum of six semester-hour credits in introductory and advanced social casework, including principles and practices in social casework, interviewing, and methods and skills in diagnosis;
Mental hygiene and social psychiatry, including dynamics of human behavior and psychopathology;
Medical information, including the role of the social worker in health problems or fundamentals of substance abuse and dependency;
Community organizations, agencies and resources; and
Social policy and public welfare services, including the care and protection of at-risk children and families.

(c) Upon the executive county superintendent's request, the Office may issue an emergency certificate to a candidate who meets the following requirements:

A bachelor's degree in social work or a related field from an accredited college or university; and
Completion of the coursework at (b)4 above and of at least two other topics at (b)1, 2, 3, and 5 through 8 above.

History

Amended and recodified from N.J.A.C. 6A:9B-12.5 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.6 Speech-language specialist

(a) The speech-language specialist endorsement authorizes the holder to provide service as a speech-language specialist in preschool through grade 12.

(b) To be eligible for the standard educational services certificate with a speech-language specialist endorsement, the candidate shall:

Hold a master's or higher degree in speech-language pathology from an accredited college or university; and
Pass a State-approved test of comprehensive knowledge in the field of speech-language pathology.

(c) Individuals who hold a valid New Jersey speech correctionist endorsement and a master's degree in speech-language pathology shall be issued the speech-language specialist endorsement upon submission of a completed application and the required fee.

(d) A CE with a speech-language specialist endorsement that expires annually on July 31 may be issued to candidates who meet the requirements at (d)1 or 2 below. To be eligible for a CE with the speech-language specialist endorsement and subsequent provisional certificate, a candidate shall either:

Hold a bachelor's degree in speech-language pathology/communication disorders from an accredited college or university; and

i. Be currently matriculated in a master's degree program in speech-language pathology/communication disorders from an accredited college or university; and

ii. Document completion of a minimum of 18 semester-hour graduate credits in speech language pathology/communication disorders, including a graduate clinical practicum; or

Hold a bachelor's degree in a major other than speech-language pathology/communication disorders from an accredited college or university; and

i. Be currently matriculated in a master's degree program in speech-language pathology/communication disorders from an accredited college or university; and

ii. Document completion of a minimum of 24 semester-hour graduate credits in speech language pathology/communication disorders, including a graduate clinical practicum.

(e) To be eligible for an initial two-year provisional certificate with the speech-language specialist endorsement, the candidate shall:

Possess a CE with the speech-language specialist endorsement; and
Obtain an offer of employment in a speech-language specialist position.

(f) To be eligible for a one-time renewal of the provisional speech-language specialist certificate, a candidate shall:

Provide an official college transcript from the speech language pathology/communication disorders program in which the candidate is matriculated. The transcript must show a minimum of 12 semester-hour graduate credits completed each year following the initial issuance of the provisional certificate and demonstrating annual progress toward completion of the master's degree required for the standard certificate; and
Obtain an offer of employment in a speech-language specialist position.

(g) A standard certificate may be issued to candidates holding the provisional certificate with a speech-language specialist endorsement who meet the requirements at (b) above.

(h) An emergency certificate is not available for the speech-language specialist endorsement.

History

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
Rewrote (e).
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
Rewrote (d); in (e), inserted "either" and "currently" and substituted "in which the candidate" for "and" following the second occurrence of "speech pathology".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote (e) and (f), and added (g) through (i).
Recodified from N.J.A.C. 6A:9B-12.6 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Rewrote the section.
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-14.7 Director of school counseling services

(a) The director of school counseling services endorsement authorizes the holder to serve as a director, administrator, or supervisor of school counseling services, including the supervision of educational activities in areas related to and within the counseling program in preschool through grade 12.

(b) To be eligible for the standard educational services certificate with a director of school counseling services endorsement, a candidate shall hold a master's or higher degree from an accredited college or university, hold a standard New Jersey educational services certificate with a school counselor or student personnel endorsement, or an equivalent out-of-State certificate, and complete three years of successful experience as a school counselor in preschool through grade 12. In addition, the candidate shall complete one of the following:

A Department-approved educator preparation program in Director of School Counseling; or
A three-credit graduate-level course in each of the following areas:

i. Administration, including courses such as school law, organization, and administration of elementary and secondary schools;

ii. Staff supervision, including courses such as supervision and evaluation of instructional staff, and supervision of school counseling services; and

iii. Curriculum development, including courses such as principles of general curriculum development, elementary and secondary curriculum development, and extracurricular activities.

(c) Upon the executive county superintendent's request, the Office may issue an emergency certificate to a candidate who meets the following requirements:

A master's degree from an accredited college or university, a standard New Jersey educational services certificate with a school counselor or student personnel endorsement, and two years of experience as a school counselor in preschool through grade 12; and
A graduate course in staff supervision.

History

Amended and recodified from N.J.A.C. 6A:9B-12.7 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.8 School counselor

(a) The school counselor endorsement authorizes the holder to perform school counseling services such as study and assessment of individual students with respect to their academic status, abilities, interest, and needs; counseling in collaboration with administrators, teachers, students, and parents regarding personal, social, educational, and vocational plans and programs; and developing cooperative relationships with community agencies in assisting children and families. The certificate holder is authorized to perform the services in preschool through grade 12.

(b) To be eligible for the standard educational services certificate with a school counselor endorsement, a candidate shall hold a master's or higher degree from an accredited college or university, and complete one of the following:

A Department-approved graduate program in school counseling; or
A minimum of 48 graduate semester-hour credits in the following areas:

i. Counseling: a minimum of 18 semester-hour credits that shall include study in theory and procedures of individual and group counseling, counseling and interviewing techniques, and career counseling;

ii. Testing and evaluation: a minimum of three semester hours;

iii. Psychology: a minimum of six semester hours that shall include study related to child and adolescent psychology, psychology of exceptional children, and psychology of learning;

iv. Sociological foundations: a minimum of six semester hours that shall include study in community agencies, organizations, and resources;

v. Statistics and research methods: a minimum of three semester-hour credits;

vi. Supervised counseling practicum as a school counselor in a preschool through grade 12 school setting: a minimum of six credits. The practicum shall be supervised by a person holding a standard New Jersey or out-of-State certificate with a school counselor endorsement; and

vii. Six elective semester hours of study chosen from among the topics at (b)2i through v above or educational pedagogy.

(c) A candidate who has completed a master's or higher degree from an accredited college or university whose school counseling program meets the standards of the Council for Accreditation of Counseling and Related Educational Programs (CACREP) will be issued a standard educational services certificate with a school counselor endorsement.

(d) Upon the executive county superintendent's request, the Office may issue an emergency certificate to a candidate who meets the following requirements:

A bachelor's degree from an accredited college or university; and

Fifteen graduate semester-hour credits of study from the areas at (b)2i through iv above. At least six of the 15 credits shall be from the areas at (b)2i above.

History

Amended and recodified from N.J.A.C. 6A:9B-12.8 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.9 School psychologist

(a) The school psychologist endorsement authorizes the holder to serve as a psychologist in preschool through grade 12.

(b) To be eligible for the standard educational services certificate with a school psychologist endorsement, a candidate shall hold a master's or higher degree from an accredited college or university and complete the following:

A Department-approved graduate program or a minimum of 60 semester-hour graduate credits in the following areas:

i. Educational foundations/school psychology practice and development: a minimum of 12 semester-hour credits in areas such as the role and function of the school psychologist, multicultural education, educational organization and leadership, curriculum development, and learning theories;

ii. Education of students with disabilities: a minimum of six semester-hour credits in areas such as education and/or psychology of students with disabilities and educational assessment of students with disabilities;

iii. Assessment, intervention, and research: a minimum of 18 semester-hour credits, including study in the required areas of cognitive assessment, personality assessment, and school consultation. Additional study may be completed in areas such as applied behavior analysis, school interventions, curriculum-based measurement, multicultural counseling or individual counseling procedures, tests and measurements, statistics and research design, and analysis;

iv. Human behavioral development: a minimum of 12 semester-hour credits in areas such as human development, social psychology, personality psychology, neurological and/or physiological basis of behavior, and psychopathology; and

v. Electives: additional study in areas at (b)1i, ii, iii, and iv above. Externships and practicum experiences may be accepted for elective study.

A practicum of 300 clock hours. The practicum shall consist of a sequence of closely supervised on-campus and field-based activities designed to develop and evaluate a candidate's mastery of distinct professional skills consistent with program and/or course goals;
An externship of 1,200 clock hours. A minimum of 600 clock hours shall be completed in a school setting with school-age children. The remaining clock hours may be completed in a school or clinical setting, or may be completed under an emergency certificate while concurrently participating in an approved college or university school psychology program. Externship experiences completed in a school setting shall be supervised by a person holding a standard New Jersey or out-of-State educational services certificate with a school psychologist endorsement; and

(c) Persons who completed a master's or higher degree in clinical psychology from an accredited college or university and present official documentation of 600 clock hours of experience as a psychologist working with children in a clinical setting shall meet the school psychology externship and practicum requirements by completing a 900-clock-hour school psychology externship in a New Jersey school, with school-age children, under a New Jersey emergency certificate.

(d) The externship for a candidate for the standard educational services certificate with a school psychologist endorsement shall comply with the following:

The externship shall be taken under the direction of an accredited college or university as part of a program for the preparation of school psychologists.

i. In cases where the Office is issuing an emergency certificate, it may approve an equivalent externship that is not under the jurisdiction of a college or university program.

The college or university shall arrange externships as a program of supervised experiences. Externship credit shall not be awarded for clinical or laboratory work done as part of the requirements in courses such as "cognitive or personality assessment" or "school consultation."

At least 50 percent of the externship shall be in the psychological services division of a school district or in a college or university demonstration center that serves a cross section of school-age children. A person holding a standard New Jersey school psychologist certificate shall provide local supervision for the period of externship training.
The college, university, or school district, as appropriate, shall provide the extern with various group and individual achievement tests, personality and cognitive assessment tools, and the results of audiometric and visual screening.
The college, university, or school district, as appropriate, shall provide the extern with adequate office space for conferences, counseling, and diagnostic studies.
For purposes of study and guidance, the college, university, or school district, as appropriate, shall provide the extern with access to comprehensive records on pupil growth and development.
The college, university, or school district, as appropriate, shall provide the extern with supervised experience in the following areas: in-service programs for faculty members; conferences with special personnel; utilization of available community resources; conducting a diagnostic study; report writing; building relationships with the community; and counseling pupils, parents, and faculty.
No more than 50 percent of the externship can take place in an approved hospital, institution, clinic, or agency established for the study and/or treatment of children and adults with special needs. A licensed psychologist or school psychologist shall supervise the extern during the hospital, institution, clinic, or agency experience. The director of the hospital, institution, clinic, or agency shall certify that the externship experience includes the following: conducting a diagnostic study; reporting, writing, and communicating diagnostic findings; and participating in staff planning and evaluating conferences.

(e) A school district seeking authorization for the employment of an extern under an emergency certificate shall submit a request to the executive county superintendent for preliminary approval. The request shall include the following information:

The name of the fully certified school psychologist in the school district under whose supervision the externship will be carried out. The supervising school psychologist shall hold a standard educational services certificate with a school psychologist endorsement and shall have three years of experience under the endorsement;
The nature and extent of the training experiences that will be provided under supervision during the externship;
The dates of the externship period;
The total number of clock hours to be worked during the externship; and
Official college transcripts showing successful completion of a minimum of 40 semester-hour graduate credits pursuant to (b)1 above that shall include study in the areas of cognitive assessment, personality assessment, and school consultation, pursuant to (b)1iii above.

(f) Upon the executive county superintendent's request, the Office may issue an emergency certificate to a candidate who meets the following requirements:

A bachelor's degree from an accredited college or university; and

Official college transcripts showing successful completion of a minimum of 30 semester-hour graduate credits applicable toward the standard certificate with a school psychologist endorsement in the areas at (b)1i through v above. The credits shall include study and practicum experience in assessment.

(g) The Office will issue a standard educational services certificate with a school psychologist endorsement to holders of a currently valid Nationally Certified School Psychologist (NCSP) license.

History

Amended and recodified from N.J.A.C. 6A:9B-12.9 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.10 Learning disabilities teacher-consultant

(a) The learning disabilities teacher-consultant endorsement authorizes the holder to serve as a learning disabilities teacher-consultant in preschool through grade 12.

(b) To be eligible for the standard educational services certificate with a learning disabilities teacher-consultant endorsement, a candidate shall:

Hold a master's or higher degree from an accredited college or university;
Hold a standard New Jersey or out-of-State instructional certificate; and

Have three years of successful teaching experience.

A Department-approved graduate program for the preparation of learning disabilities teacher-consultants;
A master's degree in educational disabilities from an accredited program; or
A minimum of 24 semester-hour graduate credits chosen from the topics at (c)3i through x below. The candidate shall complete coursework in the topics at (c)3i through ix below and may take elective credits in any area at (c)3i through x below.

i. Education of students with disabilities, including study in history of the development of educational services for children in each area of exceptionality; study of present services, research, and professional ethics dealing with the characteristics of children who differ from the norm intellectually, physically, socially, and emotionally; evaluation of present practices in the education of students with disabilities; study of the relationship of educational practices and their environmental settings; and cultural and linguistic diversity;

ii. Learning theory, including study in motivation and its effect on learning; leading theories of learning; rewards and incentives; and interests and climate for learning;

iii. Remediation of basic skills, including study in research-based corrective methods and materials as related to specific diagnostic findings, NJSLS requirements, and the school and classroom environment;

iv. Physiological bases for learning, including study of the neurological development and physical readiness of the normal child for learning; abnormal health conditions that contribute to educational disability; and metabolic and infectious disorders that affect learning;

vii. Accommodations and modifications as a method of providing service to children with learning problems, including utilization of validated methods for adapting instruction for diverse learning needs; technology for students with disabilities; understanding of accommodations and modifications in curriculum, materials, methods, classroom structures, and assessment; utilization of the individualized education plan (IEP) and accommodation and modification of the NJSLS; methods to enhance social relationships and positive behavior methods; focus on the inclusive classroom environment; legal issues related to the CST's responsibilities, including the requirements of a free appropriate public education, least restrictive environment, the determination of eligibility, and IEP development;

viii. Collaboration theory and practice, including theory and process of conducting collaborations; establishing collaborative partnerships between general and special educators, with parents and families, and with paraprofessionals; methods of co-teaching, including in-class support and classroom consultation; preparation for participating in a multidisciplinary CST setting with opportunities for modeling and participation in team staffings and parent conferences; opportunities to observe, rehearse, and present results from evaluations in practice sessions;

ix. A college-supervised, graduate-level practicum in diagnosis and remediation of educational disabilities in school and clinical situations;

(1) The definition and nature of this practicum, and the courses through which it will be provided, shall be clear in the program description. The practicum shall provide for a minimum of 90 clock hours of college-supervised experience. The practicum shall not be a student-teaching experience; and

x. Elective study chosen from areas such as group dynamics; methods and materials for teaching students with disabilities; curriculum development in the teaching of students with disabilities; teaching of reading; assistive/adaptive technology; interviewing and counseling; educational psychology; and community resources.

(d) Upon the executive county superintendent's request, the Office may issue an emergency certificate to a candidate who has obtained the following:

A standard instructional certificate;

Three years of teaching experience; and
A minimum of 12 graduate credits in educational disabilities including psychological testing.

History

Amended and recodified from N.J.A.C. 6A:9B-12.10 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.11 School occupational therapist

(a) The school occupational therapist endorsement authorizes the holder to serve as an occupational therapist in preschool through grade 12.

(b) To be eligible for the school occupational therapist endorsement, a candidate shall have:

A bachelor's degree from an accredited college or university;
Completed a program in occupational therapy from an approved school; and
A currently valid occupational therapist license issued by the New Jersey Occupational Therapy Advisory Council.

History

Amended and recodified from N.J.A.C. 6A:9B-12.11 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.12 School physical therapist

(a) The school physical therapist endorsement authorizes the holder to serve as a physical therapist in preschool through grade 12.

(b) To be eligible for the school physical therapist endorsement, a candidate shall have:

A bachelor's degree from an accredited college or university;
Completed a program in physical therapy from an accredited college or university physical therapy program approved for the education and training of physical therapists by an accrediting agency recognized by the United States Department of Education, Office of Postsecondary Education; and
A currently valid license issued by the New Jersey Board of Physical Therapy Examiners.

History

Amended and recodified from N.J.A.C. 6A:9B-12.12 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.13 Reading specialist

(a) The reading specialist endorsement authorizes the holder to serve as a reading specialist in preschool through grade 12. A reading specialist conducts in-service training of teachers and administrators; coordinates instruction for students or groups of students having difficulty learning to read; diagnoses the nature and cause of a student's difficulty in learning to read; plans developmental programs in reading for all students; recommends methods and materials to be used in the school district reading program; and contributes to the collection of standardized data as a means of determining and monitoring the reading achievement of students.

(b) A candidate applying for this endorsement on or before August 31, 2025, shall have completed a master's degree from an accredited college or university, two years of successful teaching experience, and one of the following:

A Department-approved graduate-degree program in reading; or
A program of graduate studies of 30 semester-hour credits consisting of the following:

i. Reading foundations;

ii. Diagnosis of reading problems;

iii. Correction of reading problems;

iv. Supervised practicum in reading; and

v. Study in at least three of the following areas: children's or adolescent literature; measurement; organization of reading programs; psychology; staff supervision; linguistics; special education; research; and foundations of education.

(c) A candidate applying for this endorsement on or after September 1, 2025, shall have completed a master's degree from an accredited college or university, three years of successful teaching experience, and one of the following:

A Department-approved graduate-degree program in reading with a program of study that consists of the following topics or a program of graduate studies of 30 semester-hour credits consisting of the following topics:

i. Advanced study of reading and structured literacy, including phonics, phonemic awareness, vocabulary, reading comprehension, fluency, and concepts of print;

ii. Diagnosis and correction of reading problems, including a supervised clinical experience of at least 30 hours;

iii. Supervised clinical internship in reading that focuses on the implementation of schoolwide literacy leadership, coaching/professional development, and the diagnosis, planning, and correction of reading problems in a supplemental/in-class setting;

iv. Advanced study of children's or adolescent literature with a focus on integration of diverse, multilingual, and/or multicultural text;

v. Organization of reading programs and professional development strategies to improve the teaching of literacy;

vi. Strategies for remediation of writing for learners;

vii. Advance study of integrating literacy strategies across content areas;

viii. Remediation and foundational reading strategies for adolescents readers; and

ix. Advanced study of literacy strategies for supporting students with varying abilities and multilingual learners; or

Hold a master's degree in literacy, reading, or another related field from an accredited college or university and have completed courses that cover the areas listed at (c)1 above, as indicated on a transcript.

(d) An emergency certificate may be issued to a candidate applying for the emergency certificate on or before August 31, 2025, who has obtained the following:

A master's degree from an accredited college or university;
Two years of successful teaching experience; and
Completion of 12 graduate credits in the areas listed at (b)2 above.

(e) An emergency certificate may be issued to a candidate applying for the emergency endorsement on or after September 1, 2025, who has obtained the following:

A master's degree from an accredited college or university;
Three years of successful teaching experience; and
Completion of 12 graduate credits in the areas listed at (c)1 above and enrollment in continuing education to meet the remaining requirements listed at (c)1 above.

History

Amended and recodified from N.J.A.C. 6A:9B-12.13 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.14 School library media specialist

(a) The school library media specialist (SLMS) endorsement authorizes the holder to serve as a school library media specialist in preschool through grade 12. The functions include: delivery of instruction in information literacy skills; the development and coordination of school library media programs and resources; and the delivery of instruction in the evaluation, selection, organization, distribution, creation, and utilization of school library media. Media are defined as all print, non-print, and electronic resources, including the technologies needed for their use.

(b) To be eligible for a CE with the SLMS endorsement, a candidate shall hold a master's degree in library media studies from an accredited college or university.

(c) To be eligible for a CEAS with the SLMS endorsement, a candidate shall hold a master's degree from an accredited college and complete the following:

Hold a standard New Jersey or out-of-State instructional certificate. A military science endorsement will not satisfy this requirement;
A Department-approved graduate program that specifically prepares the candidate for the certificate; or
A program of graduate studies consisting of a clinical experience that includes instruction and management, which shall be completed in a school library media center, and a minimum of 36 semester-hour credits in a coherent sequence of studies, including the following:

i. Organization and coordination of school library media programs, resources, and instruction to provide a sequential course of study for students;

ii. Application of learning theory to reading, listening, and viewing library media resources;

iii. Access, evaluation, selection, and utilization of library media resources;

iv. Design and development of multimedia materials;

v. Design, development, and integration of information literacy skills and the library media program throughout the school curriculum;

vi. Integration of educational resources and technology throughout the school curriculum;

vii. Children's literature and young adult literature;

viii. Development and implementation of policies and procedures for effective and efficient acquisition, cataloging, processing, circulation, and maintaining equipment and resources to ensure equitable access;

ix. Development, implementation, and evaluation of library media programs to meet educational goals, including management of library personnel, resources, and facilities; and

x. Utilization of current and emergent technologies in all phases of school library media programs.

(d) To be eligible for a provisional educational services certificate with a SLMS endorsement, the candidate shall:

Possess a CE or CEAS with the SLMS endorsement; and
Obtain an offer of employment in a position that requires the SLMS endorsement.

(e) To be eligible for the standard educational services certificate with a SLMS endorsement, a candidate shall:

Possess a provisional educational services certificate with a SLMS endorsement pursuant to (d) above;
Complete a coherent program at an accredited college or university that includes a minimum of nine semester-hour credits in educational theory, curriculum design and integration, teaching methodology, student/learning development, and behavior management. Holders of a CEAS with the SLMS endorsement are exempt from this requirement;
Complete graduate-level coursework in the school library media topics at (c)3 above that were not included in the candidiate's library media master's program. Holders of a CEAS with the SLMS endorsement are exempt from this requirement;
Complete a year-long school-based residency program in a school library media center. The residency program shall:

i. Consist of a supervised residency that includes professional experiences in the delivery of instruction in information literacy skills; the development and coordination of school library media programs and resources; and the delivery of instruction in the evaluation, selection, organization, distribution, creation, and utilization of school library media.

(1) A school administrator, principal, or supervisor shall provide supervision during the candidate's provisional year. An experienced school library media specialist shall mentor the candidate throughout the residency. If no experienced SLMS is available within the school district to mentor the candidate, an experienced SLMS may be provided by a Commissioner-approved mentoring program; and

ii. Be agreed upon through a Department-issued residency agreement outlining the responsibilities as set forth in this section and entered into by the Department, the employing school, the candidate, and the residency supervisor.

(f) The residency supervisor shall have primary responsibility to ensure the candidate receives appropriate training, support, mentoring, practicum experiences, and professional opportunities in the critical job responsibilities specified in the agreement and consistent with (a) above. The residency supervisor also shall evaluate and verify the completion of all required experiences according to the residency agreement's terms and conditions.

(g) Upon completion of the residency period, the supervisor shall complete a comprehensive evaluation report on the candidate's performance based on the candidate's ability to complete the job duties at (a) above and to implement the theoretical concepts at (c)3 above. The supervisor shall discuss the evaluation report with the candidate and both shall sign the report. The residency supervisor shall submit the completed evaluation to the Office. The evaluation on each candidate shall include one of the following recommendations:

Approved: Recommends issuance of a standard educational services certificate with a SLMS endorsement;
Insufficient: Recommends a standard educational services certificate with a SLMS endorsement not be issued, but the candidate be allowed to continue the residency or seek admission to an additional residency. Except for candidates who receive approval pursuant to N.J.A.C. 6A:9B-4.13(d), a candidate who receives a second insufficient recommendation shall be precluded from continuing or re-entering a residency; or
Disapproved: Recommends a standard educational services certificate with a SLMS endorsement not be issued. The candidate shall be precluded from continuing or re-entering a residency.

(h) If the candidate disagrees with the residency supervisor's recommendation, the candidate may appeal the recommendation in accordance with N.J.A.C. 6A:9B-4.12.

(i) The holder of a standard educational services certificate with an associate school library media specialist (ASLMS) endorsement shall be eligible for the SLMS upon completion of the requirements at (c)3 above.

(j) Upon the executive county superintendent's request, the Office may issue an emergency certificate to a candidate who has a bachelor's degree from an accredited college or university and has completed a minimum of 12 graduate-level semester-hour credits in school library media.

(k) An individual who holds one of the following shall be eligible for the standard certificate with a SLMS endorsement:

A permanent New Jersey school librarian or standard certificate with an educational media specialist endorsement; or
A standard certificate with an ALMS endorsement. The candidate also shall complete a graduate-degree program at an accredited college or university with specialization in school library media studies.

(l) Individuals holding the school librarian or educational media specialist endorsement may serve in any position requiring the SLMS endorsement.

History

Amended and recodified from N.J.A.C. 6A:9B-12.14 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.15 Associate school library media specialist

(a) Effective September 1, 2027, the Department will no longer issue the associate school library media specialist (ASLMS) endorsement.

A candidate who is matriculated and enrolled in classes in a State-approved education preparation program prior to June 1, 2023, and is recommended by their educator preparation program no later than August 31, 2027, shall be eligible for the ASLMS endorsement.
Applicants in possession of a written evaluation completed by the Office prior to June 1, 2023, shall have until August 31, 2027, to complete the requirements set forth in the written evaluation. A candidate who does not apply to the Office by August 31, 2027, shall not be eligible for the ASLMS endorsement.

(b) The endorsement authorizes the holder to serve as a school library media specialist in preschool through grade 12 under the supervision of a certified school administrator, principal, or supervisor. The functions include: delivery of instruction in information literacy skills; the development and coordination of school library media programs and resources; and instruction in the evaluation, selection, organization, distribution, creation, and utilization of school library media. These media are defined as all print, non-print, and electronic resources, including the technologies needed for their use.

(c) To be eligible for a CE with the ASLMS endorsement, a candidate shall have completed a bachelor's degree from an accredited college or university and one of the following:

A Department-approved graduate program that specifically prepares the candidate for the certificate; or
A program of graduate studies consisting of at least 18 semester-hour credits in a coherent sequence of studies, including the following:

i. Access, evaluation, selection, and utilization of library media resources;

ii. Organization and coordination of school library media programs, resources, and instruction to provide preschool through grade 12 students with a sequential course of studies;

iii. Children's literature and young-adult literature;

iv. Design, development, and integration of information literacy skills throughout the school curriculum;

v. Design and development of multimedia materials;

vi. Utilization of current and emergent technologies in all phases of school library media programs; and

vii. A clinical experience that includes instruction and management. This experience shall be completed in a school library media center.

(d) To be eligible for a CEAS with an ASLMS endorsement, a candidate shall complete the requirements at (c) above and one of the following:

Hold a standard New Jersey or out-of-State instructional certificate. A military science endorsement shall not satisfy this requirement;
Complete a State-approved college educator preparation program with or without clinical practice; or
Complete a coherent college program at an accredited college or university that includes a minimum of nine semester-hour credits in educational theory, curriculum design and integration, teaching methodology, student/learning development, and behavior management.

(e) To be eligible for a provisional educational services certificate with an ASLMS endorsement, the candidate shall:

Possess a CE or CEAS with an ASLMS endorsement; and
Obtain an offer of employment in a position that requires the ASLMS endorsement.

(f) To be eligible for the standard educational services certificate with an ASLMS endorsement, a candidate shall:

Possess a provisional educational services certificate with an ASLMS endorsement pursuant to (e) above;
Complete a coherent college program at an accredited college or university that includes a minimum of nine semester-hour credits in educational theory, curriculum design and integration, teaching methodology, student/learning development, and behavior management. Holders of a CEAS with an ASLMS endorsement are exempt from the study requirements; and

Complete a year-long school-based residency program in a school library media center. The residency program shall:

i. Consist of a supervised residency that includes professional experiences in the delivery of instruction in information literacy skills and the development and coordination of school library media programs and resources. In addition, the residency includes the delivery of instruction in the evaluation, selection, organization, distribution, creation, and utilization of school library media.

(1) A certified school administrator, principal, or supervisor shall provide supervision during the candidate's provisional year. An experienced school library media specialist shall mentor the candidate throughout the residency. If no experienced SLMS is available within the school district to mentor the candidate, an experienced SLMS may be provided by a Commissioner-approved mentoring program; and

(g) The residency supervisor shall have primary responsibility to ensure the candidate receives appropriate training, support, mentoring, practicum experiences, and professional opportunities in the critical job responsibilities specified at (b) above. The residency supervisor also shall evaluate and verify the completion of all required experiences according to the residency agreement's terms and conditions.

(h) Upon the residency period's completion, the supervisor shall complete a comprehensive evaluation report on the candidate's performance based on the candidate's ability to complete the job responsibilities at (b) above and to implement the theoretical concepts at (c)2 above. The supervisor shall discuss the evaluation report with the candidate and both shall sign the report. The supervisor shall submit the completed evaluation to the Office. The evaluation on each candidate shall include one of the following recommendations:

Approved: Recommends issuance of a standard educational services certificate with an ASLMS endorsement;
Insufficient: Recommends a standard educational services certificate with an ASLMS endorsement not be issued, but the candidate be allowed to continue the residency or seek admission to an additional residency. Except for candidates who receive approval pursuant to N.J.A.C. 6A:9B-4.13(d), a candidate who receives a second insufficient recommendation shall be precluded from continuing or re-entering a residency; or
Disapproved: Recommends a standard educational services certificate with an ASLMS endorsement not be issued. The candidate shall be precluded from continuing or re-entering a residency.

(i) If the candidate disagrees with the residency supervisor's recommendation, the candidate may appeal the recommendation in accordance with N.J.A.C. 6A:9B-4.12.

(j) Upon the executive county superintendent's request, the Office may issue an emergency certificate to a candidate who completes a bachelor's degree from an accredited college or university and a minimum of six graduate semester-hour credits in school library media.

(k) Policies governing the ASLMS endorsement are as follows:

The holder of a standard or permanent New Jersey teacher-librarian or the associate educational media specialist endorsement shall be eligible for the ASLMS endorsement.
The holder of the teacher-librarian or associate educational media specialist endorsement shall be eligible for an extension of the authorization to carry out the functions of the ASLMS authorization.

(l) Any certificate holder who holds the standard ASLMS endorsement prior to August 31, 2027, and the endorsement remains in good standing, may be employed pursuant to the endorsement, as authorized.

History

Amended and recodified from N.J.A.C. 6A:9B-12.15 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.16 School orientation and mobility specialist

(a) The school orientation and mobility specialist endorsement authorizes the holder to serve as an orientation and mobility instructor to blind and visually impaired students in public schools in preschool through grade 12.

(b) To be eligible for the standard educational services certificate with a school orientation and mobility specialist endorsement, the candidate shall:

Hold a bachelor's degree from an accredited college or university; and
Hold a valid Orientation and Mobility Specialist certification issued by the Academy for the Certification of Vision Rehabilitation & Education Professionals (ACVREP) or have successfully matriculated through a university program approved by the National Blindness Professional Certification Board (NBPCB).

History

Amended and recodified from N.J.A.C. 6A:9B-12.16 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.17 School athletic trainer

(a) The athletic trainer endorsement authorizes the holder to serve as a school athletic trainer in preschool through grade 12.

(b) To be eligible for the school athletic trainer endorsement, a candidate shall:

Hold a bachelor's degree from an accredited college or university; and
Satisfactorily complete the requirements established by the State Board of Medical Examiners for licensure as an athletic trainer, pursuant to N.J.A.C. 13:35-10.

History

Amended and recodified from N.J.A.C. 6A:9B-12.17 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.18 Educational interpreter

(a) The educational interpreter endorsement shall be required for individuals who provide educational interpreting services, sign language interpreting, oral interpreting, or cued speech transliteration to students who are deaf, hard-of-hearing, or deaf-blind in preschool through grade 12.

(b) To be eligible for the standard educational services certificate with an educational interpreter-sign language interpreting endorsement, a candidate shall:

Hold an associate or higher degree from an accredited college or university and complete both of the following:

i. The Educational Interpreter Performance Assessment (EIPA) with a minimum score of 3.5; and

ii. Pass the EIPA Written Test and Knowledge Standards; and

Complete one of the following:

i. Twelve semester hour-credits of professional education coursework that includes study in child development, language development, curriculum development, methods of instruction, interpreting for deaf-blind students, and legal and ethical issues for educational interpreters. Such study may be part of, or in addition to, the degree program and may be completed at an accredited two-year college; or

ii. A certificate of educational interpreting from an accredited two- or four-year college.

(c) To be eligible for the standard educational services certificate with an educational interpreter-cued speech transliteration endorsement, a candidate shall:

Have an associate or higher degree; and
Achieve a minimum score of 3.5 on the EIPA for cued speech or possess Testing/Evaluation and Certification Unit (TECUnit) certification; and one of the following:

i. Complete 15 semester-hour credits of professional education coursework that includes study in child development, language development, curriculum development, interpreting for deaf-blind students, legal and ethical issues for educational interpreters, and methods of instruction. The study may be completed at an accredited two-year college; or

ii. Pass the EIPA Written Test and Knowledge Standards.

(d) An emergency educational interpreter certificate with an educational interpreter-sign language interpreting endorsement may be issued to a candidate with an associate or higher degree, and who has completed the EIPA with a minimum score of 3.5. The emergency certificate may be renewed a total of three times.

(e) An emergency educational interpreter certificate with a cued speech transliteration endorsement may be issued to a candidate with an associate or higher degree and a minimum score of 3.5 on the EIPA for cued speech or possess TECUnit certification. The emergency certificate may be renewed a total of three times.

History

Amended by R.2005 d.110, effective 4/4/2005.
See: 36 N.J.R. 5044(a), 37 N.J.R. 1060(a).
In (a), substituted "Effective 9/1/2005, the educational interpreter" for "The educational interpreter"; in (e), (f) and (g), substituted references to high school diplomas and GEDs for references to academic degree or diploma requirements.
Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (b)1ii, (b)2ii, (c)3 and (d)3, substituted "deaf-blind students" for "visually impaired or"; and in (e), (f) and (g), added the last sentence.
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
In (b)1ii, inserted a comma following "students" and substituted "two-year" for "two year"; in the introductory paragraph of (b)2, inserted a comma following "Deaf"; in (b)2ii, (c)3 and (d)3, substituted "semester-hour" for "semester hour" and inserted a comma following "interpreters"; in (f), deleted "who holds" preceding "an oral"; and in (g), deleted "who holds" preceding "a cued".
Recodified from N.J.A.C. 6A:9B-12.18 and amended by R.2015 d.196, effective 12/7/2015.
See: 47 N.J.R. 1730(a), 47 N.J.R. 2989(a).
Rewrote the section.
Petition for Rulemaking.
See: 50 N.J.R. 2028(a), 2262(a).
See: 51 N.J.R. 174(b).
Modified by Executive Order No. 103(2020), effective 6/30/2020.
See: 52 N.J.R. 1480(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:9B-14.19 Cooperative education coordinator-hazardous occupations

(a) The cooperative education coordinator (CEC)-hazardous occupations endorsement authorizes the holder to serve as a coordinator supervising career and technical education students who are participating in cooperative education experiences in hazardous occupations, in accordance with N.J.S.A. 34:2-21.1 et seq., and N.J.A.C. 6A:8 and 6A:19. This endorsement also authorizes the holder to place and supervise career and technical education students in school-sponsored cooperative education experiences as part of a career and technical education program, and to supervise students participating in any other SLE in any career cluster.

(b) To be eligible for the CEC-hazardous occupations endorsement, the candidate shall present:

A standard instructional certificate with a career and technical education endorsement in any field;
Evidence of two years of successful teaching under a standard certificate in career and technical education with a hazardous occupations endorsement, and completion of the following:

i. Training in child labor, wage and hour, and wage payment laws and regulations, as required by the Department of Labor and Workforce Development and the U.S. Department of Labor in accordance with N.J.S.A. 34:2-21.1 et seq., and N.J.A.C. 12:56 and 12:58;

ii. A minimum of 20 hours of training or a Department-approved equivalent program in safety and health and required Department procedures and planning for SLEs pursuant to N.J.A.C. 6A:19;

iii. Two graduate-level college courses or a Department-approved equivalent program in instructional strategies for work-based education and career information/occupational guidance; and

iv. One-thousand hours of employment experience in a hazardous occupation, as approved by the chief school administrator, in accordance with N.J.S.A. 34:2-21.1 et seq.

(c) Individuals holding a Vocational-Technical Coordinator: Cooperative Industrial Education endorsement as of January 20, 2004 may serve in a position requiring the CEC--hazardous occupations endorsement in any career cluster.

(d) An emergency certificate in CEC-hazardous occupations may be issued to a candidate who meets the requirements at (d)1 through 3 below. The candidate shall complete the requirements for the standard certificate in no more than 24 months from the issuance date of the emergency certificate.

A standard instructional certificate with a career and technical education endorsement;
Two years of successful career and technical education teaching experience; and
One-thousand hours of employment experience in a hazardous occupation, as approved by the chief school administrator, in accordance with N.J.S.A. 34:2-21.1 et seq.

History

Amended and recodified from N.J.A.C. 6A:9B-12.19 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.20 Cooperative education coordinator

(a) The cooperative education coordinator endorsement authorizes the holder to serve as a coordinator supervising career and technical education students who are participating in cooperative education experiences in non-hazardous occupations in accordance with N.J.S.A. 34:2-21.1 et seq., and N.J.A.C. 6A:8 and 6A:19. This endorsement also permits the holder to supervise students participating in any other non-hazardous SLE in any career cluster.

(b) To be eligible for the endorsement, the candidate shall present:

A standard instructional certificate with a career and technical endorsement in any field; and
Evidence of completion of two years of teaching under a standard certificate in career and technical education, and completion of the following:

ii. A minimum of 20 hours of training or a Department-approved equivalent program in safety and health and required Department procedures and planning for SLEs pursuant to N.J.A.C. 6A:19; and

iii. Two graduate-level college courses or a Department-approved equivalent program in instructional strategies for work-based education and career information/occupational guidance.

(c) The holder of a vocational-technical coordinator: cooperative industrial education endorsement or the teacher-coordinator of cooperative vocational-technical education in the occupational areas of agriculture education, distributive education, health occupations, home economics education, or business education endorsements may serve in a position requiring the CEC endorsement in any career cluster.

(d) An emergency certificate with a cooperative education coordinator endorsement may be issued to a candidate who meets the requirements at (d)1 and 2 below. The candidate shall complete the following requirements for the standard certificate in no more than 24 months from the issuance date of the emergency certificate:

A standard instructional certificate with a career and technical education endorsement; and
Two years of successful career and technical education teaching experience.

History

Amended and recodified from N.J.A.C. 6A:9B-12.20 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.21 Requirements for interstate reciprocity

(a) Notwithstanding any other provision of this subchapter, any applicant for an educational services certificate who presents a valid educational services certificate issued by any other state shall be issued, upon payment of the appropriate fee, a New Jersey educational services standard certificate for the equivalent current New Jersey endorsement. If there is no equivalent current New Jersey endorsement, the provisions at N.J.A.C. 6A:9B-14.1 through 14.20 shall apply to interstate reciprocity. The following limitations apply:

If New Jersey has an equivalent endorsement with a required subject-matter test for the applicant's endorsement, the applicant shall have passed a state subject-matter test to receive the out-of-State endorsement, or else shall pass the appropriate New Jersey subject-matter test. This limitation shall not apply if the applicant has five years of experience in good standing under the out-of-State certificate, as documented by a letter of experience from the applicant's supervisor or authorized school district representative;
An applicant for interstate reciprocity for a New Jersey educational services certificate that requires a residency shall receive a CE or CEAS pursuant to this subchapter; and
Applicants for educational services reciprocity shall meet all other requirements in this subchapter for State-issued professional licenses or certifications.

History

Amended and recodified from N.J.A.C. 6A:9B-12.21 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-14.22 Bilingual language paraprofessional credential

(a) The bilingual language paraprofessional credential may be utilized for individuals who provide bilingual instructional support services in preschool through grade 12.

(b) To be eligible for the bilingual language paraprofessional credential, a candidate shall fulfill either (b)1 or 2 below and shall fulfill (b)3 below, as follows:

Complete 60 semester-hour credits at an institution of higher education; or

Hold an associate or higher degree from an accredited college or university and meet the test of subject-matter knowledge requirement at N.J.A.C. 6A:9B-9.1(a)2 by demonstrating:

i. Oral and writing competence in English by:

(1) Passing a Department-approved, nationally recognized test of oral and written proficiency in English; or

(2) Establishing the candidate as a speaker of English who was primarily educated in English at the undergraduate or graduate level; and

ii. Oral and writing competence in the target language by:

(1) Passing a Department-approved, nationally recognized test of oral and written proficiency in the target language; or

(2) Establishing the candidate as a speaker of the target language who was primarily educated in the target language at the undergraduate or graduate level; and

Complete six semester-hour credits of professional education coursework that includes studies in language acquisition, developing literacy skills for a language learner, methods of teaching content in bilingual education, or theory and practice of teaching bilingual education. Such studies may be part of, or in addition to, a degree program and may be completed at an accredited two- or four-year college.

History

Adopted by 55 N.J.R. 853(a), effective 5/1/2023

N.J. Admin. Code § 6A:9B-14.23 Early literacy specialist

(a) The early literacy specialist endorsement authorizes the holder to serve as a reading specialist in preschool through grade three. An early literacy specialist conducts in-service training of teachers and administrators; coordinates instruction for students or groups of students having difficulty learning to read; diagnoses the nature and cause of a student's difficulty in learning to read; plans developmental programs in reading for all students; recommends methods and materials to be used in the school district reading program; and contributes to the collection of standardized data as a means of determining and monitoring the reading achievement of students. Additionally, the early literacy specialist may serve as the primary general education interventionist for any student in preschool through grade three with a reading or literacy difficulty that is the result of dyslexia or dysgraphia.

The early literacy specialist endorsement will be required, beginning at the start of the 2026-2027 school year, to serve in roles that align with the authorizations at (a) above.

(b) A candidate for the early literacy specialist endorsement shall have a bachelor's degree from an accredited college or university, three years of successful teaching experience, a standard New Jersey instructional certificate with a preschool through grade three or elementary endorsement, and one of the following:

Complete a Department-approved post-baccalaureate program that is a minimum of 18 semester-hour credits with a program of study consisting of the following:

i. Advanced study of reading and structured literacy, including phonics, phonemic awareness, vocabulary, reading comprehension, fluency, and concepts of print;

ii. Diagnosis and correction of literacy problems of early learners, including a supervised clinical experience of at least 30 hours;

iii. Organization of reading programs and professional development strategies to improve the teaching of literacy;

iv. Supervised clinical internship in reading that focuses on the implementation of schoolwide literacy leadership, coaching/professional development, and the diagnosis, planning, and correction of reading problems in a supplemental/in-class setting;

v. Methodology that incorporates multi-sensory instructional approaches for teaching early literacy skills and that helps to remediate learning for students with dyslexia and/or dysgraphia;

vi. Strategies for remediation of writing for early learners with a focus on the development of fine-motor skills related to the process of writing; and

vii. Advanced study of literacy strategies for supporting students with varying abilities and multilingual learners.

Hold a master's degree in early literacy, literacy, reading, or another related field from an accredited college or university and courses that cover the areas listed at (b)1 above, as indicated on a transcript.

History

Adopted by 55 N.J.R. 853(a), effective 5/1/2023

Subchapter 15 QUALIFYING ACADEMIC CREDENTIALS

N.J. Admin. Code § 6A:9B-15.1 Academic Qualifying Credentials

(a) "Academic Qualifying Credential" (AQC) means a credential issued by the Commissioner of Education to applicants for mortuary science and chiropractic licenses. The AQC is issued to individuals regulated by licensing authorities under the supervision of the New Jersey Division of Consumer Affairs and certifies that the applicants have completed their preliminary academic education.

(b) Each applicant for a mortuary science or chiropractic license shall satisfy preliminary academic education criteria, as required by the respective licensing authorities under the supervision of the New Jersey Division of Consumer Affairs.

(c) Applicants for the AQC shall submit official transcripts to the Commissioner as evidence they have completed the preliminary academic education required for the certificate's issuance.

(d) In accordance with the fee schedule at N.J.A.C. 6A:9B-5.6(b), applicants for the AQC shall submit with their application payment of the fee, as instructed in the application.

History

Amended and recodified from N.J.A.C. 6A:9B-7.1 by 47 N.J.R. 2989(a), effective 12/7/2015

N.J. Admin. Code § 6A:9B-15.2 Reserved

History

Recodified from N.J.A.C. 6A:9B-7.2 by 47 N.J.R. 2989(a), effective 12/7/2015

Chapter 9C PROFESSIONAL DEVELOPMENT

Subchapter 1 SCOPE AND PURPOSE

N.J. Admin. Code § 6A:9C-1.1 Scope

This chapter sets forth the rules governing professional development for active teachers, school district leaders, and school leaders. This chapter also contains the rules governing teacher mentoring required for a certificate pursuant to the TEACHNJ Act (N.J.S.A. 18A:6-117 et seq.).

History

Adopted by 47 N.J.R. 3021(a), effective 12/7/2015

N.J. Admin. Code § 6A:9C-1.2 Purpose

(a) The purpose of this chapter is to set forth the requirements for a system of high-quality professional development that continuously serves educators' professional learning and practice in support of positive learning outcomes for all New Jersey students and to support improved student achievement of the New Jersey Student Learning Standards (NJSLS).

(b) Educator development occurs along a continuum of rigorous pre-professional preparation, certification, and professional development to prepare educators.

History

Adopted by 47 N.J.R. 3021(a), effective 12/7/2015

Subchapter 2 DEFINITIONS

N.J. Admin. Code § 6A:9C-2.1 Definitions

The definitions set forth in N.J.A.C. 6A:9-2.1 shall apply to the words and terms used in this chapter.

Subchapter 3 PROFESSIONAL DEVELOPMENT COMPONENTS AND STANDARDS FOR PROFESSIONAL LEARNING

N.J. Admin. Code § 6A:9C-3.1 Components and standards

This subchapter's components and standards shall serve as indicators to guide the policies, activities, facilitation, implementation, management, and evaluation of a system of high-quality professional development.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a), inserted the second sentence and deleted "the procedures for review and registration of professional development providers;" following "implemented;"; and in (b), substituted "teachers" for "teaching staff members employed as of September 2000 and thereafter".
Amended by R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Rewrote the section.

N.J. Admin. Code § 6A:9C-3.2 Components of professional development

(a) Professional development shall align with the Professional Standards for Teachers and the Professional Standards for School Leaders in N.J.A.C. 6A:9-3, the standards for professional learning in N.J.A.C. 6A:9C-3.3, student learning and educator development needs, and school, school district, and/or State improvement goals.

(b) Professional development shall encompass a broad range of professional learning that contributes to improved practice, including, but not limited to:

Participation in the work of established collaborative teams of teachers, school leaders, and other administrative, instructional, and educational services staff members who commit to working together to accomplish common goals and who are engaged in a continuous cycle of professional improvement focused on:

i. Evaluating student learning needs through ongoing review of data on student performance; and

ii. Defining a clear set of educator learning goals based on the rigorous analysis of data on student performance.

(c) Professional learning shall incorporate coherent, sustained, and evidence-based strategies that improve educator effectiveness and student achievement, such as job-embedded coaching or other forms of assistance to support educators' transfer of new knowledge and skills to their work.

(d) Professional learning may be supported by external expert assistance or additional experiences that:

Address defined student and educator learning goals;

Advance primarily ongoing school-based professional learning; and

Include, but are not limited to, in-person, virtual, and/or remote courses, workshops, institutes, networks, and conferences provided by for-profit and nonprofit entities outside the school such as universities, educational service agencies, technical assistance providers, networks of content specialists, and other education organizations and associations.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote (a); in (b), substituted "PDP" for "PIP" and updated the N.J.A.C. references; rewrote (d); and in (f), substituted "as well as collaborative learning experiences in school or district level teams" for "registered on the Professional Development Provider Registration System".
Repeal and New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Amount, duration and content of required continuing professional development".

N.J. Admin. Code § 6A:9C-3.3 Standards for professional learning

(a) Professional learning that increases educator effectiveness and improves results for all students shall be guided by the following standards:

Rigorous content for each learner:

i. Equity practices: Professional learning results in equitable opportunities and excellent outcomes for all students when educators understand their students' historical, cultural, and societal contexts; embrace student assets through instruction; and foster relationships with students, families, and communities;

ii. Curriculum, assessment, and instruction: Professional learning results in equitable opportunities and excellent outcomes for all students when educators prioritize high-quality curriculum and instructional materials for students, assess student learning, and understand curriculum and implement through instruction; and

iii. Professional expertise: Professional learning results in equitable opportunities and excellent outcomes for all students when educators apply the NJSLS and research to their work, develop the expertise essential to their roles, and prioritize coherence and alignment in their learning;

Transformational process:

i. Equity drivers: Professional learning results in equitable opportunities and excellent outcomes for all students when educators prioritize equity in professional learning practices, identify and address their own biases and beliefs, and collaborate with diverse colleagues;

ii. Evidence: Professional learning results in equitable opportunities and excellent outcomes for all students when educators create expectations regarding, and build capacity for, the use of evidence from multiple sources to plan educator learning, and measure and report the impact of professional learning;

iii. Learning designs: Professional learning results in equitable opportunities and excellent outcomes for all students when educators set relevant and contextualized learning goals, ground their work in research and theories about learning, and implement evidence-based learning designs; and

iv. Implementation: Professional learning results in equitable opportunities and excellent outcomes for all students when educators understand and apply research on change management, engage in feedback processes, and implement and sustain professional learning; and

Conditions for success:

i. Equity foundations: Professional learning results in equitable opportunities and excellent outcomes for all students when educators establish expectations for equity, create structures to ensure equitable opportunities for access to learning, and sustain a culture of support for all staff;

ii. Culture of collaborative inquiry: Professional learning results in equitable opportunities and excellent outcomes for all students when educators engage in continuous improvement, build collaboration skills and capacity, and share responsibility for improving learning for all students;

iii. Leadership: Professional learning results in equitable opportunities and excellent outcomes for all students when educators establish a compelling and inclusive vision for professional learning, sustain coherent support to build educator capacity, and advocate for professional learning by sharing the importance and evidence of the impact of professional learning; and

iv. Resources: Professional learning results in equitable opportunities and excellent outcomes for all students when educators allocate resources for professional learning, prioritize equity in their resource decisions, and monitor the use and impact of resource investments.

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote (a)3; deleted former (a)4; recodified former (a)5 as (a)4; in (a)4, deleted "district" preceding "professional"; in (c), inserted a period following "N.J.A.C. 6A:9-3.3" and inserted "for approval and adoption"; in (d), inserted the last sentence; in (e)2, substituted a period for "; and" at the end; added (e)2i through (e)2iii; in (e)3, inserted "school"; rewrote (f); and added (h) and (i).
Repeal and New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Procedures for implementation of professional development".

N.J. Admin. Code § 6A:9C-3.4 Recodified

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (b), substituted "PDP" for "PIP"; and in (c), inserted "to the new school district".
Repeal and New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Compliance, enforcement and assistance".

N.J. Admin. Code § 6A:9C-3.5 Repealed

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
Rewrote (a)3.
Repeal and New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Monitoring responsibility".

N.J. Admin. Code § 6A:9C-3.6 Recodified

History

Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a), deleted "by January 2005" following "define".
Repeal and New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).
Section was "Future role(s) of the Professional Teaching Standards Board to create standards of professional conduct and performance".

N.J. Admin. Code § 6A:9C-3.7 Recodified

History

New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).

N.J. Admin. Code § 6A:9C-3.8 Repealed

History

New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).

N.J. Admin. Code § 6A:9C-3.9 Repealed

History

New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).

N.J. Admin. Code § 6A:9C-3.10 Recodified

History

New Rule, R.2013 d.091, effective 7/1/2013.
See: 45 N.J.R. 152(a), 45 N.J.R. 1605(a).

Subchapter 4 DISTRICT-LEVEL, SCHOOL-LEVEL, AND INDIVIDUAL PROFESSIONAL DEVELOPMENT REQUIREMENTS

N.J. Admin. Code § 6A:9C-4.1 General provisions

(a) The purpose of this subchapter is to describe requirements for:

District- and school-level professional development plans;
Individual professional development for active teachers and school leaders; and
The State Professional Learning Committee.

(b) This subchapter applies to:

All active teachers, defined as staff whose positions require possession of the instructional or education services certificates in accordance with N.J.A.C. 6A:9B-8 through 11A and 14;
All active school leaders serving on a permanent or interim basis whose positions require possession of a school administrator certificate, or a principal or supervisor endorsement, in accordance with N.J.A.C. 6A:9B-12 and 13; and
School districts and to any nonpublic school that chooses to participate in the professional development requirements for teachers and school leaders pursuant to this subchapter and whose staff members hold positions that require the possession of the instructional, educational services, or administrative certificates. Hereinafter in this subchapter, the terms "district board of education," "school district," or "school leaders" include the applicable staff or governing bodies of nonpublic schools that choose to participate in the professional development requirements for teachers and school leaders in the subchapter.

(c) Each district board of education shall ensure all teachers and school leaders receive the necessary opportunities, support, and resources to engage in ongoing professional learning and to complete the requirements of their respective professional development plans.

History

Amended and recodified from N.J.A.C. 6A:9C-3.1 by 47 N.J.R. 3021(a), effective 12/7/2015

N.J. Admin. Code § 6A:9C-4.2 District- and school-level plans for professional development implementation

(a) The school district plan shall:

Provide information on school-level and districtwide professional learning opportunities, the resources being allocated toward their support, and a justification for the expenditures; and
Include any professional development required by statute or regulation.

(b) The chief school administrator, or the chief school administrator's designee, shall oversee the development and implementation of the school district plan to address school districts' professional development needs. The chief school administrator, or the chief school administrator's designee, shall review on an annual basis, the school district plan to assess its effectiveness and revise it, as necessary, to meet the school district's learning goals for students, teachers, and school leaders. When overseeing and reviewing the school district plan, the chief school administrator, or the chief school administrator's designee, shall:

Review school-level professional development plans;
Assess the learning needs of students, teachers, and school leaders based on educator evaluation data, school-level plans, and data from school- and district-level performances;
Plan, support, and implement professional learning that addresses the NJSLS, and that align with the standards for professional learning at N.J.A.C. 6A:9C-3.3 and the Professional Standards for Teachers and the Professional Standards for School Leaders at N.J.A.C. 6A:9-3;
Develop and update, as necessary, the district mentoring plan for nontenured teachers, including novice provisional teachers who hold a CE or CEAS, in accordance with N.J.A.C. 6A:9C-5.3;
Present the plan to the district board of education to review for fiscal impact;
Certify that the school district is meeting the requirements for the school district plan as set forth in this section and that it includes requirements of the district mentoring plan pursuant to N.J.A.C. 6A:9C-5.3. The chief school administrator, or the chief school administrator's designee, shall submit the certification annually to the Department through a statement of assurance; and
School districts sending to the same middle and/or high school may form a regional consortium to develop one districtwide plan that incorporates the sending schools' plans.

(c) The principal shall oversee the development and implementation of a plan for school-level professional development. The principal shall ensure:

The school-level plan:

i. Includes a description of school-level and team-based professional learning aligned with identified school goals; and

ii. Includes teacher and student learning needs; and

All teachers receive the necessary opportunities, support, and resources to complete individual professional development requirements pursuant to N.J.A.C. 6A:9C-4.4(a).

(d) The school-level plans shall become part of the school district plan for professional development overseen and reviewed by the chief school administrator.

History

Amended and recodified from N.J.A.C. 6A:9C-3.6 by 47 N.J.R. 3021(a), effective 12/7/2015

N.J. Admin. Code § 6A:9C-4.3 Requirements for, and implementation of, school leaders' individual professional development plans

(a) Each school leader shall create, implement, and complete an individual professional development plan (PDP) that:

Aligns with the Professional Standards for School Leaders set forth at N.J.A.C. 6A:9-3.4 and the standards for professional learning at N.J.A.C. 6A:9C-3.3;
Derives from the results of observations, evidence, and recommendations included in the annual performance evaluation of the school leader;
Identifies professional learning goals that address specific individual, school, or school district goals;
Grounds professional learning in objectives related to improving teaching, learning, and student achievement, and aligns to the school and/or school district plan for professional development; and
Includes training on: school law, ethics, and governance pursuant to N.J.S.A. 18A:26-8.2; and other statutory requirements related to student safety, bullying and harassment, and well-being.

(b) Each school leader's individual PDP shall be developed by October 31, except:

If the school leader is hired after October 1, the PDP shall be developed within 25 working days of the school leader's hire.

(c) Each chief school administrator shall develop an individual PDP for review by the district board of education. In developing the individual PDP, the following process shall be followed:

The district board of education shall review the chief school administrator's individual PDP, including the individual training needs pursuant to (a)5 above. The district board of education shall ensure the individual PDP aligns to school district goals and to the school district's plan for professional development.
The chief school administrator shall submit annually to the district board of education evidence of progress toward completion of the individual PDP. The chief school administrator also shall submit every three to five years, depending on the length of the chief school administrator's contract with the district board of education, summative evidence of plan completion.
The chief school administrator may appeal to the executive county superintendent if the chief school administrator disagrees with the district board of education regarding PDP contents or progress toward completion. The executive county superintendent shall have final decision-making authority on all such matters.

(d) Each leader whose position requires a school administrator, principal, or supervisor endorsement, but who does not serve as a chief school administrator of a school district shall develop, in collaboration with the leader's designated supervisor, an individual PDP. The leader shall provide to the leader's designated supervisor evidence of progress toward fulfillment of the individual PDP.

Each chief school administrator, or the chief school administrator's designee, shall:

i. Review each leader's PDP, including the training needs pursuant to (a)5 above, and ensure the individual PDP aligns to school and school district goals, and the school district's plan for professional development;

ii. Meet with each leader at mid-year to assess progress toward their individual PDP's completion or modification; and

iii. Review the individual PDP's status as part of the principal's, supervisor's, or other school leader's annual performance evaluation.

(e) The school leader's designated supervisor, or the district board of education in the case of the chief school administrator, shall:

Use the performance evaluation process and professional development planning process to monitor the school leader's progress in meeting the professional development requirements. If a school leader's progress is found to be inadequate, the school leader's designated supervisor or the district board of education shall take appropriate remedial action by applying sound and accepted principles of progressive supervision and other appropriate means; and
Maintain accurate records of each school leader's progress in meeting the individual professional development requirements, pursuant to this subchapter. Such records shall include a copy of each school leader's current PDP and timeline, as well as any documentation and evidence showing the school leader's progress toward meeting the individual PDP's requirements.

(f) If a school leader leaves the employ of one New Jersey school district and is hired by another, the school leader's designated supervisor in the new school district, or the district board of education in the case of the chief school administrator, shall ensure a revised individual PDP appropriate to the new assignment is developed in collaboration with the school leader.

History

Amended and recodified from N.J.A.C. 6A:9C-3.7 by 47 N.J.R. 3021(a), effective 12/7/2015

N.J. Admin. Code § 6A:9C-4.4 Requirements for, and implementation of, teachers' individual professional development plans

(a) Pursuant to N.J.S.A. 18A:6-128.a, each teacher shall be guided by an individual professional development plan (PDP), which shall include at least 20 hours per year of qualifying experiences that support student achievement, including achievement in academic, physical, social, and emotional learning. The 20-hour annual requirement shall be based on the length of full-time employment and reduced by a pro rata share reflecting part-time employment, or an absence, including the use of family or medical leave.

(b) The content of each individual PDP shall be developed by each teacher's supervisor in consultation with the teacher. The individual PDP shall align with the Professional Standards for Teachers at N.J.A.C. 6A:9-3 and the standards for professional learning at N.J.A.C. 6A:9C-3.3.

If the teacher is hired after October 1, the PDP shall be developed within 25 working days after the teacher's hire.

(d) The individual PDP shall be modified during the year, as necessary, and shall specify at least:

One area for development of professional practice derived from the results of observations and evidence accumulated through the teacher's annual performance evaluation; and
One area for development of professional practice derived from individual, collaborative team, school, or school district improvement goals.

(e) A teacher's individual PDP goals may necessitate more than the recommended minimum requirements set forth in this subchapter.

(f) Progress on the individual PDP shall be discussed at the annual summary conference, pursuant to N.J.A.C. 6A:10-2.4, but may be discussed more frequently throughout the year.

(g) Evidence of progress toward meeting the requirements of the teacher's individual PDP may be provided by the teacher or the teacher's designated supervisor. The evidence shall be reviewed as part of each annual summary conference.

(h) Additional hours of qualifying experiences may be required for teachers in schools identified by the Commissioner as low-performing.

(i) The teacher's designated supervisor shall:

Use the teacher performance evaluation process and the professional development planning process to monitor each teacher's progress in meeting the professional development requirements. If a teacher's progress is found to be inadequate, the teacher's designated supervisor shall take appropriate remedial action by applying sound and accepted principles of progressive supervision and other appropriate means; and
Maintain accurate records of each teacher's progress in meeting the individual professional development requirements, pursuant to N.J.A.C. 6A:9C-4.3 and this section. Such records shall include a copy of each teacher's current PDP and timeline, as well as any documentation and evidence showing the teacher's progress toward meeting the PDP's requirements.

(j) If a teacher leaves the employ of one New Jersey school district and is hired by another, the previous employing school district shall share with the new employing school district the teacher's individual PDP and all supporting documentation. If the current individual PDP is found to be unsuitable to the teacher's new assignment, the new employing school district shall ensure a revised individual PDP and timeline is created in accordance with this section.

History

Amended and recodified from N.J.A.C. 6A:9C-3.4 by 47 N.J.R. 3021(a), effective 12/7/2015

N.J. Admin. Code § 6A:9C-4.5 Requirements for, and implementation of, educational interpreters' individual professional development plans

(a) Each educational interpreter shall be guided by an individual professional development plan (PDP), which shall include at least 10 hours per year of qualifying experiences that support improved practice. The 10-hour annual qualifying experience shall be based on the length of full-time employment and reduced by a pro rata share reflecting part-time employment or an absence, including the use of family or medical leave.

(b) The content of each individual PDP shall be developed by the educational interpreter's supervisor in consultation with the educational interpreter.

(c) PDP requirements for a teacher at N.J.A.C. 6A:9C-4.4(c), (e), (f), (g), (h), and (j) shall apply to an educational interpreter.

History

Amended and recodified from N.J.A.C. 6A:9C-3.10 by 47 N.J.R. 3021(a), effective 12/7/2015

N.J. Admin. Code § 6A:9C-4.6 Requirements for, and implementation of, preschool paraprofessional's individual professional development plans

(a) Each preschool paraprofessional working in a State-funded preschool program shall be guided by an individual professional development plan (PDP), which shall include at least 20 hours per year of qualifying experiences that support improved practice. The 20-hour annual qualifying experience shall be based on the length of full-time employment and reduced by a pro rata share reflecting part-time employment or an absence, including the use of family or medical leave.

(b) The content of each individual PDP shall be developed by the preschool paraprofessional's supervisor in consultation with the preschool paraprofessional and shall include coaching by a preschool instructional coach, a preschool intervention and referral specialist (PIRS), and any other coach the school district assigns to work with the preschool paraprofessional.

(c) PDP requirements for a teacher at N.J.A.C. 6A:9C-4.4(c), (e), (f), (g), (h), and (j) shall apply to a preschool paraprofessional.

History

Adopted by 55 N.J.R. 901(a), effective 5/1/2023

N.J. Admin. Code § 6A:9C-4.7 State Professional Learning Committee

(a) The State Professional Learning Committee (Committee) shall advise the Commissioner on the professional development requirements for teachers and school leaders. Specifically, the Committee may:

Develop and recommend a periodic review process for school district plans for professional development to ensure that professional learning opportunities: address the NJSLS; are aligned to the professional standards at N.J.A.C. 6A:9C-3.3; and target teacher and school leader professional learning needs as identified in the school district performance report;
Develop and recommend updated Professional Standards for Teachers and Professional Standards for School Leaders;

Develop and recommend support and resources related to the standards for professional learning;

Review the implementation of professional development requirements for teachers and school leaders, and provide recommendations;
Develop and recommend a periodic audit process for school district mentoring plans to assure mentoring plans requirements at N.J.A.C. 6A:9C-5 are met;
Review research, best practices, and practitioner feedback, and provide ongoing recommendations to ensure professional development requirements continue to support teachers and school leaders in improving their practice to enable students to achieve high academic standards;
Recommend and develop guidance for the implementation of teachers' and school leaders' individual PDPs to assure plans address the NJSLS, align to the Professional Standards for Teachers and the Professional Standards for School Leaders, and reflect State, school district, and individual educator needs;
Recommend criteria for school district use in the selection of professional development providers;
Develop and recommend support and resources for implementation of professional development related to equity, pursuant to N.J.A.C. 6A:7-1.6; and
Advise on other matters related to professional learning as requested by the Commissioner.

(b) The Committee shall consist of at least 16 members appointed by the Commissioner.

Each member shall serve a term of three years, renewable for one additional term.

When a membership vacancy or change in a member's representation status occurs, the Commissioner shall appoint a new representative from the appropriate constituency to fill the vacancy in accordance with (c) below. The Committee may continue to carry out its responsibilities while vacancies are being filled.

(c) The Commissioner shall ensure all major organizations representing teachers and school leaders have representation on the Committee. The Commissioner may invite nominations from professional associations and other interested parties. At a minimum, Committee membership shall be as follows:

Six teachers, with at least one from a charter school and at least one from each of the following levels: high school, middle school, and elementary school;
Six school leaders, including three principals and three school district administrators, with at least one of the six from a charter school;
One member of a district board of education;
Two representatives from educator preparation programs, with at least one member representing an alternate-route educator preparation provider;

One parent or community member; and

The Commissioner, or the Commissioner's designee, serving as an ex-officio member.

(d) The Committee shall replace the Professional Teaching Standards Board and the State Advisory Committee on Professional Development for School Leaders for the purpose of meeting the statutory requirements at N.J.S.A. 18A:26-2.9 and 18A:26-8.2, respectively.

History

Adopted by 55 N.J.R. 901(a), effective 5/1/2023

Subchapter 5 DISTRICT MENTORING PROGRAM

N.J. Admin. Code § 6A:9C-5.1 Requirements for district mentoring program

(a) All school districts shall develop a district mentoring program to provide nontenured teachers, including novice provisional teachers who hold a CE or CEAS, with an induction to the teaching profession and to the school district community through differentiated supports based on the teachers' individual needs and to help them become effective professionals.

(b) The goals of the district mentoring program shall be to enhance teacher knowledge of, and strategies related to, the NJSLS 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 performing their duties and adjusting to the challenges of teaching.

(c) All district boards of education that employ nontenured teachers shall determine how each nontenured teacher in the first year of employment, which shall be equal to at least 30 weeks, shall be provided with the following supports:

Comprehensive induction to school district policies and procedures, including, but not limited to, introduction to school district curricula, student assessment policies, and training on the school district's evaluation rubric, including setting and assessing student learning through student growth objectives;

Individualized supports and activities, which shall be based on the nontenured teacher's individual needs and shall be aligned with the Professional Standards for Teachers at N.J.A.C. 6A:9-3.3, the standards for professional learning at N.J.A.C. 6A:9C-3.3, and the school district's Commissioner-approved teaching practice instrument. The supports and activities shall be guided by:

i. The nontenured teacher's degree of preparation and experience;

ii. The nontenured teacher's individual professional development plan (PDP) developed in accordance with N.J.A.C. 6A:9C-4.4;

iii. Areas of focus within the district mentoring plan; and

iv. Goals of the school and school district plans for professional development as described at N.J.A.C. 6A:9C-4.2; and

One-to-one mentoring, which is required for each novice provisional teacher as set forth at (d) below.

(d) A district board of education shall provide an individual mentor to work one-to-one with a novice provisional teacher. The district board of education shall ensure:

Each novice provisional teacher is assigned an individual mentor at the beginning of the contracted teaching assignment;
The mentor teacher provides observation and feedback, opportunities for the novice teacher to observe effective practice, and confidential guidance and support in accordance with the Professional Standards for Teachers, and guides the teacher in a self-assessment on the school district's Commissioner-approved teaching practice instrument;
The one-to-one mentoring includes planned, weekly, in-person contact time between the mentor teacher and the novice provisional teacher holding a CE or CEAS for a minimum of 30 weeks, or proportionally longer if the novice provisional teacher holds a part-time teaching assignment;
The mentor teacher and the novice provisional teacher holding a CEAS meet at least twice per week for the first four weeks of the teaching assignment;
The mentor teacher and the novice provisional teacher holding a CE meet at least twice per week for the first eight weeks of the teaching assignment.

i. The one-to-one mentoring shall support the novice provisional teacher in achieving the curricular objectives of the formal instructional program in which the novice provisional teacher holding a CE is enrolled; and

All contact time between the mentor teacher and the novice provisional teacher shall be recorded in a log, developed as part of the district mentoring plan, submitted to the chief school administrator or designee, and maintained within the school district.

(e) All novice provisional teachers whose positions require possession of instructional certificates pursuant to N.J.S.A. 18A:26-2 and N.J.A.C. 6A:9B-5.1 shall comply with the district mentoring program requirements.

(f) District boards of education shall budget State funds appropriated for the novice teacher mentoring program.

Subject to availability, the Department shall appropriate State funds based on the number of novice teachers employed each year by a district board of education.
District boards of education shall ensure State funds appropriated for this program supplement, and not supplant, Federal, State, or local funds already devoted to planning and implementing a novice teacher mentor program.
District boards of education shall ensure State funds are used for one or more of the following:

i. Stipends for mentor teachers;

ii. The costs associated with release time;

iii. Substitutes for mentor and novice teachers; and

iv. Professional development and training activities related to the program.

If no State funds are available to pay the costs of mentoring fees, candidates who are required to complete a provisional period of teaching to obtain a standard certificate shall be responsible for payment of mentoring fees during the first provisional year. The employing school district may pay the cost of mentoring fees.

(g) The school district's administrative office shall oversee the payment of mentors. Payment shall not be conferred directly from provisional novice teacher to mentor.

History

Adopted by 47 N.J.R. 3021(a), effective 12/7/2015

N.J. Admin. Code § 6A:9C-5.2 Mentor requirements

(a) The chief school administrator shall oversee the mentor selection process and ensure the individual mentor of a novice provisional teacher meets the following minimum requirements:

Holds an instructional certificate and, when possible, is certified in the subject area in which the novice provisional teacher is working;
Has at least three years of experience and has taught full-time for at least two years within the last five years;
Does not serve as the mentee's direct supervisor nor conduct evaluations of teachers;
Demonstrates a record of success in the classroom;

i. All mentor teacher applicants shall have received a summative rating of effective or highly effective on the most recent summative evaluation, pursuant to N.J.A.C. 6A:10.

ii. A mentor teacher applicant in a school or school district not required pursuant to N.J.A.C. 6A:10-1 to issue summative evaluations shall demonstrate at least one year of effective teaching on their most recent evaluation as determined by the mentor teacher's supervisor;

Understands the social and workplace norms of the school district and the community it serves;

Understands the resources and opportunities available in the school district and is able to act as a referral source to the novice provisional teacher; and
Completes a comprehensive mentor training program with a curriculum that includes, at a minimum, training on the school district's teaching evaluation rubric and practice instrument, Professional Standards for Teachers, NJSLS, classroom observation skills, facilitating adult learning, and leading reflective conversations about teaching practice.

History

Adopted by 47 N.J.R. 3021(a), effective 12/7/2015

N.J. Admin. Code § 6A:9C-5.3 District mentoring plan

(a) The chief school administrator, or the chief school administrator's designee, shall develop a district mentoring plan as part of the school district's professional development plan (PDP), pursuant to N.J.A.C. 6A:9C-4.4.

(b) The district mentoring plan shall include:

Logistics for its implementation;
The school district's responsibilities pursuant to this subchapter; and
Formal and informal resources and supports to guide novice provisional teachers throughout the entire provisional period.

(c) The chief school administrator shall submit the district mentoring plan to the district board of education for review of its fiscal impact.

(d) The chief school administrator, or the chief school administrator's designee, annually shall review the plan and revise it, as necessary, based on feedback from mentor logs, each school improvement panel, and data on teacher and student performance.

The chief school administrator, or the chief school administrator's designee, shall collaborate annually with each school improvement panel to review the district mentoring plan, consider ways to support the plan at the school level, and take steps to ensure that all new teachers are receiving the necessary professional supports.
Each school improvement panel shall oversee the school-level implementation of the district mentoring plan and shall communicate the plan to all nontenured teachers and their mentors.

(e) The chief school administrator, or the chief school administrator's designee, shall make available to all staff an electronic copy of the current district mentoring plan.

History

Adopted by 47 N.J.R. 3021(a), effective 12/7/2015

N.J. Admin. Code § 6A:9C-5.4 Mentoring and evaluation by approved agencies

An approved agency and its designated staff shall be authorized to provide the services, evaluations, and recommendations specified at N.J.A.C. 6A:9B-8.6, 8.7, and 8.9 for provisional Teachers of Supplemental Instruction in Reading and Mathematics, Grades K-8 in their employ.

History

Adopted by 47 N.J.R. 3021(a), effective 12/7/2015

Chapter 10 EDUCATOR EFFECTIVENESS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:10-1.1 Purpose and scope

(a) The rules in this chapter are intended to provide minimum requirements for evaluation rubrics for the evaluation of teaching staff members' effectiveness to further the development of a professional corps of State educators and to increase student achievement. Thus, the purpose of the rules is to support a system that facilitates:

Continual improvement of instruction;
Meaningful differentiation of educator performance using four performance levels;
Use of multiple valid measures in determining educator performance levels, including objective measures of student performance and measures of professional practice;
Evaluation of educators on a regular basis;

Delivery of clear, timely, and useful feedback, including feedback that identifies areas for growth and guides professional development; and

School district personnel decisions.

(b) The rules in this chapter shall apply to all public schools, except insofar as they are defined for charter schools in N.J.A.C. 6A:11, Charter Schools. The evaluation system in charter schools is subject to the review and approval of the Office of Charter Schools.

(c) District boards of education shall ensure evaluations of all teaching staff members and chief school administrators are conducted in accordance with this chapter.

History

Amended by 49 N.J.R. 251(a), effective 2/6/2017

N.J. Admin. Code § 6A:10-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise:

"Announced observation" means an observation in which the person conducting an observation for the purpose of evaluation will notify the teaching staff member of the date and the class period that the observation will be conducted.

"Annual performance report" means a written appraisal of the teaching staff member's performance prepared by the teaching staff member's designated supervisor based on the evaluation rubric for his or her position.

"Annual summative evaluation rating" means an annual evaluation rating that is based on appraisals of educator practice and student performance, and includes all measures captured in a teaching staff member's evaluation rubric. The four summative performance categories are highly effective, effective, partially effective, and ineffective.

"Calibration" in the context of educator evaluation means a process to monitor the competency of a trained evaluator to ensure the evaluator continues to apply an educator practice instrument accurately and consistently according to the standards and definitions of the specific instrument.

"Chief school administrator" means the superintendent of schools or the administrative principal if there is no superintendent.

"Co-observation" means two or more supervisors who are trained on the practice instrument who observe simultaneously, or at alternate times, the same lesson or portion of a lesson for the purpose of training.

"Designated supervisor" means the supervisor designated by the chief school administrator or his or her designee as the teaching staff member's supervisor.

"District Evaluation Advisory Committee" means a group created to oversee and guide the planning and implementation of the district board of education's evaluation policies and procedures as set forth in N.J.A.C. 6A:10-2.3.

"Educator practice instrument" means an assessment tool that provides scales or dimensions that capture competencies of professional performance and differentiation of a range of professional performance as described by the scales, which must be shown in practice and/or research studies. The scores from the teacher practice instrument or the principal practice instrument are components of the teaching staff member's evaluation rubrics and the scores are included in the summative evaluation rating for the individual. The scores from educator practice instruments for teaching staff members other than teachers, principals, vice principals, and assistant principals may be applied to the teaching staff member's summative evaluation rating in a manner determined by the school district.

"Evaluation" means an appraisal of an individual's professional performance in relation to his or her job description and professional standards and based on, when applicable, the individual's evaluation rubric.

"Evaluation rubric" means a set of criteria, measures, and processes used to evaluate all teaching staff members in a specific school district or local education agency. Evaluation rubrics consist of measures of professional practice, based on educator practice instruments, and student outcomes. Each district board of education will have an evaluation rubric specifically for teachers, another specifically for principals, assistant principals, and vice principals, and evaluation rubrics for other categories of teaching staff members.

"Indicators of student progress and growth" means the results of assessment(s) of students as defined in N.J.A.C. 6A:8, Standards and Assessment.

"Individual professional development plan" means as defined in N.J.S.A. 18A:6-119.

"Job description" means a written specification of the function of a position, duties and responsibilities, the extent and limits of authority, and work relationships within and outside the school and school district.

"Long observation" means an observation for the purpose of evaluation that is conducted for a minimum duration of 40 minutes or one class period, whichever is shorter.

"Model evaluation rubric" means district educator evaluation rubrics that have been reviewed and accepted by the Commissioner. A model teaching or principal evaluation rubric includes a teacher or principal practice instrument that appears on the Department's list of approved educator practice instruments.

"Observation" means a method of collecting data on the performance of a teaching staff member's assigned duties and responsibilities. An observation for the purpose of evaluation will be included in the determination of the annual summative evaluation rating and shall be conducted by an individual employed in the school district in a supervisory role and capacity and possessing a school administrator, principal, or supervisor endorsement as defined in N.J.A.C. 6A:9-2.1.

"Post-observation conference" means a meeting, either in-person or remotely, between the supervisor who conducted the observation and the teaching staff member for the purpose of evaluation to discuss the data collected in the observation.

"Scoring guide" means a set of rules or criteria used to evaluate a performance, product, or project. The purpose of a scoring guide is to provide a transparent and reliable evaluation process. Educator practice instruments include a scoring guide that an evaluator uses to structure his or her assessments and ratings of professional practice.

"Semester" means half of the school year.

"Short observation" means an observation for the purpose of evaluation that is conducted for at least 20 minutes.

"Signed" means the name of one physically written by oneself or an electronic code, sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

"Student growth objective" means an academic goal that teachers and evaluators set for groups of students.

"Student growth percentile" means a specific metric for measuring individual student progress on Statewide assessments by tracking how much a student's test scores have changed relative to other students Statewide with similar scores in previous years.

"Student growth objective" means an academic goal that teachers and designated supervisors set for groups of students.

"Supervisor" means an appropriately certified teaching staff member, as defined in N.J.S.A. 18A:1-1, or superintendent employed in the school district in a supervisory role and capacity, and possessing a school administrator, principal, or supervisor endorsement as described in N.J.A.C. 6A:9B-12.

"Teacher" means a teaching staff member who holds the appropriate standard, provisional, or emergency instructional certificate issued by the State Board of Examiners and is assigned a class roster of students for at least one particular course.

"Teaching staff member" means a member of the professional staff of any district or regional board of education, or any county vocational school district board of education, holding office, position, or employment of such character that the qualifications for such office, position, or employment require him or her to hold a valid, effective, and appropriate standard, provisional, or emergency certificate issued by the State Board of Examiners. Teaching staff members include the positions of school nurse and school athletic trainer. There are three different types of certificates that teaching staff members work under:

An instructional certificate;
An administrative certificate; and

An educational services certificate.

"Unannounced observation" means an observation in which the person conducting an observation for the purpose of evaluation will not notify the teaching staff member of the date or time that the observation will be conducted.

"Validity" means the extent to which evidence and theory support an interpretation of scores from a measurement instrument for a particular use of the instrument. In the context of evaluating educator practice, this means the evidence gathered using the instrument supports correct and useful inferences and decisions about the effectiveness of the practice observed.

History

Amended by 46 N.J.R. 2140(a), effective 11/3/2014.

N.J. Admin. Code § 6A:10-1.3 Applicability of rules on collective bargaining agreements

The rules in this chapter shall not override any conflicting provision(s) of collective bargaining agreements or other employment contracts entered into by a school district in effect on July 1, 2013. No collective bargaining agreement entered into after July 1, 2013, shall conflict with the educator evaluation system established pursuant to these rules or any other specific statute or regulation, nor shall topics subject to bargaining involve matters of educational policy or managerial prerogatives.

History

Amended by R.2013 d.120, effective 10/7/2013.
See: 45 N.J.R. 1292(a), 45 N.J.R. 2211(a).
Rewrote the section.

N.J. Admin. Code § 6A:10-1.4 Educator evaluation data, information, and annual performance reports

All information contained in annual performance reports and all information collected, compiled, and/or maintained by employees of a district board of education for the purposes of conducting the educator evaluation process pursuant to this chapter, including, but not limited to, digital records, shall be confidential. Such information shall not be subject to public inspection or copying pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. Nothing contained in this section shall be construed to prohibit the Department or a school district from, at its discretion, collecting evaluation data pursuant to N.J.S.A. 18A:6-123.e or distributing aggregate statistics regarding evaluation data.

History

Amended by 46 N.J.R. 2140(a), effective 11/3/2014.

Subchapter 2 EVALUATION OF TEACHING STAFF MEMBERS

N.J. Admin. Code § 6A:10-2.1 Evaluation of teaching staff members

(a) A district board of education annually shall adopt evaluation rubrics for all teaching staff members. The evaluation rubrics shall have four defined annual ratings: ineffective, partially effective, effective, and highly effective.

(b) The evaluation rubrics for teachers, principals, vice principals, and assistant principals shall include all other relevant minimum standards set forth in N.J.S.A. 18A:6-123 (P.L. 2012, c. 26, §17c ).

History

Amended by 52 N.J.R. 1557(a), effective 8/3/2020

N.J. Admin. Code § 6A:10-2.2 Duties of district boards of education

(a) Each district board of education shall meet the following requirements for the annual evaluation of teaching staff members, unless otherwise specified:

Establish a District Evaluation Advisory Committee to oversee and guide the planning and implementation of the school district board of education's evaluation policies and procedures as set forth in this subchapter;
Annually adopt policies and procedures developed by the chief school administrator pursuant to N.J.A.C. 6A:10-2.4, including the evaluation rubrics approved by the Commissioner pursuant to N.J.A.C. 6A:10-2.1(c);

i. The chief school administrator shall develop policies and procedures that, at a minimum, ensure student performance data on the Statewide assessment is, upon receipt, promptly distributed or otherwise made available to teaching staff members who were primarily responsible for instructing the applicable students in the school year in which the assessment was taken, as well as to teaching staff members who are or will be primarily responsible for instructing the applicable students in the subsequent school year.

Ensure the chief school administrator annually notifies all teaching staff members of the adopted evaluation policies and procedures no later than October 1. If a staff member is hired after October 1, the district board of education shall notify the teaching staff member of the policies at the beginning of his or her employment. All teaching staff members shall be notified of amendments to the policy within 10 working days of adoption;
Annually adopt by June 1, Commissioner-approved educator practice instruments and, as part of the process described at N.J.A.C. 6A:10-2.1(c), notify the Department which instruments will be used as part of the school district's evaluation rubrics;
Ensure the principal of each school within the school district has established a School Improvement Panel pursuant to N.J.A.C. 6A:10-3.1. The panel shall be established annually by August 31 and shall carry out the duties and functions described in N.J.A.C. 6A:10-3.2;
Ensure data elements are collected and stored in an accessible and usable format. Data elements shall include, but not be limited to, scores or evidence from observations for the purpose of evaluation and student growth objective data; and
Ensure that each chief school administrator or his or her designee in the district certifies to the Department that any observer who conducts an observation of a teaching staff member for the purpose of evaluation as described in N.J.A.C. 6A:10-4.4, 5.4, and 6.2, shall meet the statutory observation requirements of N.J.S.A. 18A:6-119, 18A:6-123.b(8), and 18A:27-3.1 and the teacher member of the School Improvement Panel requirements of N.J.A.C. 6A:10-3.2.

(b) Each district board of education shall ensure the following training procedures are followed when implementing the evaluation rubric for all teaching staff members and, when applicable, applying the Commissioner-approved educator practice instruments:

Annually provide training on and descriptions of each component of the evaluation rubric for all teaching staff members who are being evaluated in the school district and provide more thorough training for any teaching staff member who is being evaluated in the school district for the first time. Training shall include detailed descriptions of all evaluation rubric components, including, when applicable, detailed descriptions of student achievement measures and all aspects of the educator practice instruments;

Annually provide updates and refresher training for supervisors who are conducting evaluations in the school district and more thorough training for any supervisor who will evaluate teaching staff members for the first time. Training shall be provided on each component of the evaluated teaching staff member's evaluation rubric before the evaluation of a teaching staff member;

Annually require each supervisor who will conduct observations for the purpose of evaluation of a teacher to complete at least two co-observations during the school year.

i. Co-observers shall use the co-observation to promote accuracy and consistency in scoring.

ii. A co-observation may count as one required observation for the purpose of evaluation pursuant to N.J.A.C. 6A:10-4.4, as long as the observer meets the requirements set forth in N.J.A.C. 6A:10-4.3 and 4.4, but the co-observation shall not count as two or more required observations. If a co-observation counts as one required observation, the score shall be determined by the teacher's designated supervisor; and

Chief school administrators shall annually certify to the Department that all supervisors of teaching staff members in the school district who are utilizing evaluation rubrics have completed training on and demonstrated competency in applying the evaluation rubrics.

History

Amended by R.2013 d.120, effective 10/7/2013.
See: 45 N.J.R. 1292(a), 45 N.J.R. 2211(a).
Section was "Evaluation of teaching staff members". In the introductory paragraph of (a), inserted "annual", and deleted "upon March 4, 2013" following "members"; in the introductory paragraph of (a)1, substituted a semicolon for a period at the end; rewrote (a)1; deleted former (a)2 through (a)8; added new (a)2 through (a)7; and added (b).
Amended by R.2014 d.169, effective 11/3/2014.
See: 46 N.J.R. 1377(a), 46 N.J.R. 2140(a).
Rewrote the section.
Amended by R.2017 d.025, effective 2/6/2017.
See: 48 N.J.R. 1727(a), 49 N.J.R. 251(a).
Added (a)2i; deleted former (b)2; recodified former (b)3 through (b)5 as (b)2 through (b)4; and rewrote (b)2 through (b)4.
Modified by Executive Order No. 103(2020), effective 4/3/2020.
See: 52 N.J.R. 974(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).
Modified by Executive Order No. 103(2020), effective 2/10/2021.
See: 53 N.J.R. 401(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:10-2.3 District Evaluation Advisory Committee

(a) Members of the District Evaluation Advisory Committee shall include representation from the following groups: teachers from each school level represented in the school district; central office administrators overseeing the teacher evaluation process; supervisors involved in teacher evaluation, when available or appropriate; and administrators conducting evaluations, including a minimum of one administrator conducting evaluations who participates on a School Improvement Panel. Members also shall include the chief school administrator, a special education administrator, a parent, and a member of the district board of education.

(b) The chief school administrator may extend membership on the District Evaluation Advisory Committee to representatives of other groups and to individuals.

(c) Beginning in 2018-2019, the District Evaluation Advisory Committees shall no longer be required and district boards of education shall have the discretion to continue the District Evaluation Advisory Committee.

History

Amended by 46 N.J.R. 2140(a), effective 11/3/2014.

N.J. Admin. Code § 6A:10-2.4 Evaluation procedures for all teaching staff

(a) This section's provisions shall be the minimum requirements for the evaluation of teaching staff members.

(b) Evaluation policies and procedures requiring the annual evaluation of all teaching staff members shall be developed under the direction of the chief school administrator, who may consult with the District Advisory Evaluation Committee or representatives from School Improvement Panels, and shall include, but not be limited to, a description of:

Evaluation rubrics for all teaching staff members;

Job descriptions, evaluation rubrics for all teaching staff members, the process for calculating the summative ratings and each component, and the evaluation regulations set forth in this chapter;
Methods of data collection and reporting appropriate to each job description, including, but not limited to, the process for student attribution to teachers, principals, assistant principals, and vice principals for calculating the median and schoolwide student growth percentile;
Processes for observations for the purpose of evaluation and post-observation conference(s) by a supervisor;
Process for developing and scoring student growth objectives;
The process for preparation of individual professional development plans; and
The process for preparation of an annual performance report by the teaching staff member's designated supervisor and an annual summary conference between the teaching staff member and his or her designated supervisor.

(c) The annual summary conference between designated supervisors and teaching staff members shall be held before the annual performance report is filed. The conference shall occur on or before June 30 of each school year and shall include, but not be limited to, a review of the following:

The performance of the teaching staff member based upon the job description and the scores or evidence compiled using the teaching staff member's evaluation rubric, including, when applicable:

i. The educator's practice instrument; and

ii. Available indicators or student achievement measures such as student growth objective scores and student growth percentile scores;

The progress of the teaching staff member toward meeting the goals of the individual professional development plan or, when applicable, the corrective action plan; and
The preliminary annual performance report.

(d) If any scores for the teaching staff member's evaluation rubric are not available at the time of the annual summary conference due to pending assessment results, the annual summative evaluation rating shall be calculated once all component ratings are available.

(e) The annual performance report shall be prepared by the designated supervisor. The annual performance report shall include, but not be limited to:

A summative rating based on the evaluation rubric, including, when applicable, a total score for each component as described in N.J.A.C. 6A:10-4 and 5;
Performance area(s) of strength and area(s) needing improvement based upon the job description and components of the teaching staff member's evaluation rubric; and
The teaching staff member's individual professional development plan or corrective action plan from the evaluation year being reviewed in the report.

(f) The teaching staff member and the designated supervisor shall sign the report within five working days of the review.

(g) Each district board of education shall include all performance reports and supporting data, including, but not limited to, written observation reports and additional components of the summative evaluation rating as part of his or her personnel file, or in an alternative, confidential location. If reports and data are stored in an alternative location, the personnel file shall clearly indicate the report's location and how it can be easily accessed. The records shall be confidential and shall not be subject to public inspection or copying pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

History

Amended by 46 N.J.R. 2140(a), effective 11/3/2014.

N.J. Admin. Code § 6A:10-2.5 Corrective action plans for all teaching staff

(a) For each teaching staff member rated ineffective or partially effective on the annual summative evaluation, as measured by the evaluation rubrics, a corrective action plan shall be developed by the teaching staff member and the teaching staff member's designated supervisor. If the teaching staff member does not agree with the corrective action plan's content, the designated supervisor shall make the final determination.

(b) The corrective action plan shall be developed and the teaching staff member and his or her designated supervisor shall meet to discuss the corrective action plan by October 31 of the school year following the year of evaluation, except:

If the ineffective or partially effective summative evaluation rating is received after October 1 of the school year following the year of evaluation, a corrective action plan shall be developed, and the teaching staff member and his or her designated supervisor shall meet to discuss the corrective action plan within 25 teaching staff member working days following the school district's receipt of the teaching staff member's summative rating.

(c) The content of the corrective action plan shall replace the content of the individual professional development plan required pursuant to N.J.A.C. 6A:9C-4.3(a) and 4.4(a) and shall:

Address areas in need of improvement identified in the educator evaluation rubric;
Include specific, demonstrable goals for improvement;
Include responsibilities of the evaluated employee and the school district for the plan's implementation; and

Include timelines for meeting the goal(s).

(d) The teaching staff member's designated supervisor and the teaching staff member on a corrective action plan shall discuss the teaching staff member's progress toward the goals outlined in the corrective action plan during each required post-observation conference, pursuant to N.J.S.A. 18A:27-3.1 or N.J.A.C. 6A:10-4.4. The teaching staff member and his or her designated supervisor may update the goals outlined in the corrective action plan to reflect any change(s) in the teaching staff member's progress, position, or role.

(e) Progress toward the teaching staff member's goals outlined in the corrective action plan:

Shall be documented in the teaching staff member's personnel file and reviewed at the annual summary conference and the mid-year evaluation. Both the teaching staff member on a corrective action plan and his or her designated supervisor may collect data and evidence to demonstrate the teaching staff member's progress toward his or her corrective action plan goals; and
May be used as evidence in the teaching staff member's next annual summative evaluation; however, such progress shall not guarantee an effective rating on the next summative evaluation.

(f) Responsibilities of the evaluated employee on a corrective action plan shall not be exclusionary of other plans for improvement determined to be necessary by the teaching staff member's designated supervisor.

(g) The School Improvement Panel shall ensure teachers with a corrective action plan receive a mid-year evaluation as required by N.J.S.A. 18A:6-120.c. The mid-year evaluation shall occur approximately midway between the development of the corrective action plan and the expected receipt of the next annual summative rating. The mid-year evaluation shall include, at a minimum, a conference to discuss progress toward the teacher's goals outlined in the corrective action plan. The mid-year evaluation conference may be combined with a post-observation conference.

(h) The School Improvement Panel shall ensure teachers with a corrective action plan receive one observation, including a post-observation conference, in addition to the observations required in N.J.A.C. 6A:10-4.4 for the purpose of evaluation as described in N.J.A.C. 6A:10-1.2 and 4.4(a).

(i) Except where a school district employs only one administrator whose position requires a supervisor, principal, or school administrator endorsement, tenured teachers with a corrective action plan shall be observed by multiple observers for the purpose of evaluation as described in N.J.A.C. 6A:10-4.4(c)4.

(j) A chief school administrator, or his or her designee, and the principal, as appropriate, shall conduct a mid-year evaluation of any principal, assistant principal, or vice principal pursuant to N.J.S.A. 18A:6-121.c. The mid-year evaluation shall occur approximately midway between the development of the corrective action plan and the expected receipt of the next annual summative rating. The mid-year evaluation shall include, at a minimum, a conference to discuss progress toward the principal, vice principal, or assistant principal's goals outlined in the corrective action plan. The mid-year evaluation conference may be combined with a post-observation conference.

(k) The chief school administrator shall ensure principals, vice principals, and assistant principals with a corrective action plan receive one observation and a post-observation conference in addition to the observations required in N.J.A.C. 6A:10-5.4 for the purpose of evaluation, as described in N.J.A.C. 6A:10-1.2 and 5.4.

(l) The corrective action plan shall remain in effect until the teaching staff member receives his or her next summative evaluation rating.

(m) There shall be no minimum number of teaching staff member working days that a teaching staff member's corrective action plan can be in place.

History

New Rule, R.2013 d.120, effective 10/7/2013.
See: 45 N.J.R. 1292(a), 45 N.J.R. 2211(a).
Administrative change.
See: 46 N.J.R. 1743(a).
Amended by R.2014 d.169, effective 11/3/2014.
See: 46 N.J.R. 1377(a), 46 N.J.R. 2140(a).
Rewrote the section.
Amended by R.2017 d.025, effective 2/6/2017.
See: 48 N.J.R. 1727(a), 49 N.J.R. 251(a).
Modified by Executive Order No. 103(2020), effective 4/3/2020.
See: 52 N.J.R. 974(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

Subchapter 3 SCHOOL IMPROVEMENT PANEL

N.J. Admin. Code § 6A:10-3.1 School Improvement Panel membership

(a) The School Improvement Panel shall include the principal, a vice principal, and a teacher who is chosen in accordance with (b) below by the principal in consultation with the majority representative. If an assistant principal or vice principal is not available to serve on the panel, the principal shall appoint an additional member who is employed in the school district in a supervisory role and capacity, in accordance with N.J.S.A. 18A:6-120.a. The principal may appoint additional members to the School Improvement Panel as long as all members meet the criteria outlined in this section and N.J.S.A. 18A:6-120.a and the teacher(s) on the panel represents at least one-third of its total membership.

(b) The principal annually shall choose the teacher(s) on the School Improvement Panel through the following process:

The teacher member shall be a person with a demonstrated record of success in the classroom. Beginning in school year 2015-2016, a demonstrated record of success in the classroom means the teacher member shall have been rated effective or highly effective in the most recent available annual summative rating.
The majority representative, in accordance with (a) above, may submit to the principal teacher member nominees for consideration.
The principal shall have final decision-making authority and is not bound by the majority representative's list of nominees.

(c) The teacher member shall serve a full school year, except in case of illness or authorized leave, but may not be appointed more than three consecutive school years.

(d) All members of the School Improvement Panel shall be chosen by August 31 of each year.

History

Amended by R.2017 d.025, effective 2/6/2017.
See: 48 N.J.R. 1727(a), 49 N.J.R. 251(a).
In (a), inserted the second sentence; in (b)1,substituted "school" for "academic"; and in (c), substituted the first occurrence of "school" for "academic", and inserted the second occurrence of "school".

N.J. Admin. Code § 6A:10-3.2 School Improvement Panel responsibilities

(a) The School Improvement Panel shall:

Oversee the mentoring of teachers according to N.J.A.C. 6A:9C-5.3(a)2 and support the implementation of the school district mentoring plan;
Conduct evaluations of teachers pursuant to N.J.A.C. 6A:10-2.4 and 4.4;
Ensure corrective action plans for teachers are created in accordance to N.J.A.C. 6A:10-2.5; and ensure mid-year evaluations are conducted for teachers who are on a corrective action plan; and
Identify professional development opportunities for all teaching staff members based on the review of aggregate school-level data, including, but not limited to, educator evaluation and student performance data to support school-level professional development plans described in N.J.A.C. 6A:9C-4.2.

(b) To conduct observations for the purpose of evaluation, the teacher member shall have:

Agreement of the majority representative;
An appropriate supervisory certificate; and

Approval of the principal who supervises the teacher being observed.

(c) The teacher member who participates in the evaluation process shall not serve concurrently as a mentor under N.J.A.C. 6A:9C-5.2(a)3.

History

Amended by 49 N.J.R. 251(a), effective 2/6/2017

Subchapter 4 COMPONENTS OF TEACHER EVALUATION

N.J. Admin. Code § 6A:10-4.1 Components of teacher evaluation rubric

(a) The components of the teacher evaluation rubric described in this section shall apply to teaching staff members holding the position of teacher and holding a valid and effective standard, provisional, or emergency instructional certificate.

(b) Evaluation rubrics for all teachers shall include the requirements described in N.J.S.A. 18A:6-123, including, but not limited to:

Measures of student achievement pursuant to N.J.A.C. 6A:10-4.2; and
Measures of teacher practice pursuant to N.J.A.C. 6A:10-4.3 and 4.4.

(c) To earn a summative rating, a teacher shall have a student achievement score, including median student growth percentile and/or student growth objective(s) scores, and a teacher practice score pursuant to N.J.A.C. 6A:10-4.4.

(d) Each score shall be converted to a percentage weight, so all components make up 100 percent of the evaluation rubric. By August 31 prior to the school year in which the evaluation rubric applies, the Department shall provide on its website the required percentage weight of each component and the required summative rating scale. All components shall be worth the following percentage weights or fall within the following ranges:

If, according to N.J.A.C. 6A:10-4.2(b), a teacher receives a median student growth percentile, the student achievement component shall be at least 30 percent and no more than 50 percent of a teacher's evaluation rubric rating as determined by the Department.
If, according to N.J.A.C. 6A:10-4.2(b), a teacher does not receive a median student growth percentile, the student achievement component shall be at least 15 percent and no more than 50 percent of a teacher's evaluation rubric rating as determined by the Department.
Measures of teacher practice described in N.J.A.C. 6A:10-4.3 and 4.4 shall be at least 50 percent and no more than 85 percent of a teacher's evaluation rubric rating as determined by the Department.

(e) Standardized tests, used as a measure of student progress, shall not be the predominant factor in determining a teacher's annual summative rating.

History

Amended by R.2014 d.169, effective 11/3/2014.
See: 46 N.J.R. 1377(a), 46 N.J.R. 2140(a).
In (b)2, substituted "pursuant to" for "determined through a teacher practice instrument and other measures described in"; added new (c); recodified former (c) and (d) as (d) and (e); and rewrote (d).
Amended by R.2015 d.013, effective 1/5/2015.
See: 46 N.J.R. 1921(a), 47 N.J.R. 104(a).
In the introductory paragraph of (d), substituted "August 31" for "April 15" and "academic year in which" for "school year"; in (d)1, substituted "30" for "40"; and added (d)4.
Amended by R.2017 d.025, effective 2/6/2017.
See: 48 N.J.R. 1727(a), 49 N.J.R. 251(a).
In the introductory paragraph of (d), substituted "school" for "academic"; and deleted (d)4.
Modified by Executive Order No. 103(2020), effective 4/3/2020.
See: 52 N.J.R. 974(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).
Amended by R.2020 d.071, effective 8/3/2020.
See: 52 N.J.R. 498(a), 52 N.J.R. 1557(a).
In the introductory paragraph of (d), inserted a comma following the first occurrence of "weight".
Modified by Executive Order No. 103(2020), effective 2/10/2021.
See: 53 N.J.R. 401(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:10-4.2 Student achievement components

(a) Measures of student achievement shall be used to determine impact on student learning. The student achievement measure shall include the following components:

If the teacher meets the requirements in (b) below, the median student growth percentile of all students assigned to a teacher, which shall be calculated as set forth in (d) below; and
Student growth objective(s), which shall be specific and measurable, based on available student learning data, aligned to New Jersey Student Learning Standards, and based on growth and/or achievement.

i. For teachers who teach subjects or grades not covered by the New Jersey Student Learning Standards, student growth objectives shall align to standards adopted or endorsed, as applicable, by the State Board.

(b) The median student growth percentile shall be included in the annual summative rating of a teacher who:

Teaches at least one course or group within a course that falls within a standardized-tested grade or subject. The Department shall maintain on its website a course listing of all standardized-tested grades and subjects for which student growth percentile can be calculated pursuant to (d) below;
Teaches the course or group within the course for at least 60 percent of the time from the beginning of the course to the day of the standardized assessment; and
Has at least 20 individual student growth percentile scores attributed to his or her name during the school year of the evaluation. If a teacher does not have at least 20 individual student growth percentile scores in a given school year, the student growth percentile scores attributed to a teacher during the two school years prior to the evaluation year may be used in addition to the student growth percentile scores attributed to the teacher during the school year of the evaluation. Only student growth percentile scores from school year 2013-2014 or any school year after shall be used to determine median student growth percentiles.

(c) The Department shall periodically collect data for all teachers that include, but are not limited to, student achievement and teacher practice scores.

(d) The Department shall calculate the median student growth percentile for teachers using students assigned to the teacher by the school district. For teachers who have a student growth percentile score:

District boards of education shall submit to the Department final ratings for all components, other than the student growth percentile, for the annual summative rating; and
The Department then shall report to the employing district board of education the annual summative rating, including the median student growth percentile for each teacher who receives a median student growth percentile.

(e) Student growth objectives for teachers shall be developed and measured according to the following procedures:

The chief school administrator shall determine the number of required student growth objectives for teachers, including teachers with a student growth percentile. A teacher with a student growth percentile shall have at least one and not more than four student growth objectives. A teacher without a student growth percentile shall have at least two and a maximum of four student growth objectives. By August 31, prior to the school year in which the evaluation rubric applies, the Department shall provide on its website the minimum and maximum number of required student growth objectives within this range.
A teacher with a student growth percentile shall not use the standardized assessment used in determining the student growth percentile to measure progress toward a student growth objective.
Each teacher shall develop, in consultation with his or her supervisor or a principal's designee, each student growth objective. If the teacher does not agree with the student growth objectives, the principal shall make the final determination.
Student growth objectives and the criteria for assessing teacher performance based on the objectives shall be determined, recorded, and retained by the teacher and his or her supervisor by October 31 of each school year, or within 25 working days of the teacher's start date if the teacher begins work after October 1.
Adjustments to student growth objectives may be made by the teacher in consultation with his or her supervisor only when approved by the chief school administrator or designee. Adjustments shall be recorded in the teacher's personnel file on or before February 15.

i. If the SGO covers only the second semester of the school year, or if a teacher begins work after October 1, adjustments shall be recorded before the mid-point of the second semester.

The teacher's designated supervisor shall approve each teacher's student growth objective score. The teacher's student growth objective score, if available, shall be discussed at the teacher's annual summary conference and recorded in the teacher's personnel file.

(f) If a teacher's student growth objective score was the sole cause for an ineffective or partially effective summative rating for the 2013-2014 academic year, the teacher may appeal the summative rating by February 1, 2015, or within 15 school days of receiving the summative rating, whichever is later, to the chief school administrator or designee. Within 15 school days of receiving the appeal, the chief school administrator or designee shall notify the teacher of the decision. If the chief school administrator or designee agrees the student growth objective score was the sole cause for an ineffective or partially effective summative rating, the teacher's student growth objective score weight shall be adjusted from 15 percent to one percent and the teacher practice score weight shall be increased accordingly. Any decision of the chief school administrator with regard to recalculating a teacher's percentage weight and annual summative rating in accordance with this provision may be appealed directly to the Commissioner no later than 15 school days following the chief school administrator's or designee's decision notification to the teacher. The Commissioner shall review whether the annual summative rating was directly and numerically caused by the student growth objective score and may decide the matter on a summary basis.

History

Amended by 46 N.J.R. 2140(a), effective 11/3/2014.

N.J. Admin. Code § 6A:10-4.3 Teacher practice components

The teacher practice component rating shall be based on the measurement of the teacher's performance according to the school district's Commissioner-approved teacher practice instrument. Observations pursuant to N.J.A.C. 6A:10-4.4 shall be used as one form of evidence for the measurement.

N.J. Admin. Code § 6A:10-4.4 Teacher observations

(a) For the purpose of teacher evaluation, observers shall conduct the observations pursuant to N.J.S.A. 18A:6-123.b(8) and N.J.A.C. 6A:10-2.5 and 3.2, and they shall be trained pursuant to N.J.A.C. 6A:10-2.2(b).

(b) Observation conferences shall include the following procedures:

A supervisor who is present at the observation shall conduct a post-observation conference with the teacher being observed. A post-observation conference shall occur no more than 15 teaching staff member working days following each observation.
The post-observation conference shall be for the purpose of reviewing the data collected at the observation, connecting the data to the teacher practice instrument and the teacher's individual professional development plan, collecting additional information needed for the evaluation of the teacher, and offering areas to improve effectiveness. Within a school year, the post-observation conference shall be held prior to the occurrence of further observations for the purpose of evaluation.
If agreed to by the teacher, one required post-observation conference and any pre-observation conference(s) for observations of tenured teachers who are not on a corrective action plan may be conducted by written communication, including electronic.
One post-observation conference may be combined with a teacher's annual summary conference, as long as it occurs within the required 15 teaching staff member working days following the observation for the purpose of evaluation.
A pre-conference, when required, shall occur at least one but not more than seven teaching staff member working days prior to the observation.

(c) Each teacher shall be observed as described in this section. For all teachers, at least one of the required observations shall be announced and preceded by a pre-observation conference, and at least one of the required observations shall be unannounced. The chief school administrator shall decide whether additional required observations are announced or unannounced, if applicable. The following additional requirements shall apply:

Each observation required for the purpose of evaluation shall be conducted for at least 20 minutes.
Nontenured teachers shall be observed at least twice before March 18, 2020.

i. Except where a school district employs only one administrator whose position requires a supervisor, principal, or school administrator endorsement, nontenured teachers shall be observed during the course of the year by more than one appropriately certified supervisor.

Tenured teachers shall be observed at least two times during each school year. Observations for all tenured teachers shall occur prior to the annual summary conference, which shall occur prior to the end of the academic school year.

i. If a tenured teacher was rated highly effective on his or her most recent summative evaluation and if both the teacher and the teacher's designated supervisor agree to use this option, one of the two required observations may be an observation of a Commissioner-approved activity other than a classroom lesson. The Department shall post annually to its website a list of Commissioner-approved activities that may be observed in accordance with this section.

Chief school administrators shall have discretion to allow teachers on a corrective action plan to receive a summative score that results in a teacher summary rating of effective or highly effective. To receive this rating, a teacher shall have at least two observations that demonstrate progress toward an effective or highly effective rating before March 18, 2020.
Upon receiving a final summative evaluation that necessitates a corrective action plan, in accordance with N.J.A.C. 6A:10-2.5(a), any remaining required observation(s) shall not be conducted until the corrective action plan has been finalized.
A written or electronic observation report shall be signed by the supervisor who conducted the observation and post-observation and the teacher who was observed.
The teacher shall submit his or her written objection(s) of the evaluation within 10 teaching staff member working days following the conference. The objection(s) shall be attached to each party's copy of the annual performance report.

(d) To earn a teacher practice score, a nontenured teacher shall receive at least two observations by March 18, 2020.

If a nontenured teacher is present for less than 40 percent of the total student school days in a school year, he or she shall receive at least two observations to earn a teacher practice score.

History

Amended by 46 N.J.R. 2140(a), effective 11/3/2014.

Subchapter 5 COMPONENTS OF PRINCIPAL EVALUATION

N.J. Admin. Code § 6A:10-5.1 Components of principal evaluation rubrics

(a) Unless otherwise noted, the components of the principal evaluation rubrics shall apply to teaching staff members holding the position of principal, vice principal, or assistant principal and holding a valid and effective standard, provisional, or emergency administrative certificate.

(b) The principal evaluation rubric shall meet the standards provided in N.J.S.A. 18A:6-123, including, but not limited to:

Measures of student achievement pursuant to N.J.A.C. 6A:10-5.2; and
Measures of principal practice pursuant to N.J.A.C. 6A:10-5.3 and 5.4.

(c) To earn a summative rating, the principal, vice principal, or assistant principal shall have a student achievement score, pursuant to N.J.A.C. 6A:10-5.2 and a principal practice score pursuant to N.J.A.C. 6A:10-5.3 and 5.4.

(d) Each score shall be converted to a percentage weight so all components make up 100 percent of the evaluation rubric. By August 31 prior to the school year in which the evaluation rubric applies, the Department shall provide on its website the required percentage weight of each component and the required summative rating scale. All components shall be worth the following percentage weights or fall within the following ranges:

If, according to N.J.A.C. 6A:10-5.2(b), the principal, vice principal, or assistant principal receives a schoolwide student growth percentile score as described in N.J.A.C. 6A:10-5.2(c), the score shall be at least 10 percent and no greater than 40 percent of evaluation rubric rating as determined by the Department.
Measure of average student growth objective for all teachers, as described in N.J.A.C. 6A:10-5.2(d), shall be at least 10 percent and no greater than 20 percent of evaluation rubric rating as determined by the Department.

Measure of administrator goal, as described in N.J.A.C. 6A:10-5.2(e), shall be no less than 10 percent and no greater than 40 percent of evaluation rubric rating as determined by the Department.

Measure of principal practice, as described in N.J.A.C. 6A:10-5.3(b), shall be no less than 50 percent of evaluation rubric rating.

(e) Standardized assessments, used as a measure of student progress, shall not be the predominant factor in determining a principal's annual summative rating.

(f) The Department shall periodically collect principal evaluation rubric data that shall include, but are not limited to, component-level scores and annual summative ratings.

History

Amended by R.2014 d.169, effective 11/3/2014.
See: 46 N.J.R. 1377(a), 46 N.J.R. 2140(a).
In (b)2, inserted "and 5.4"; added new (c); recodified former (c) through (e) as (d) through (f); in the introductory paragraph of (d), substituted " score" for the first occurrence of "measure, "components" for "measures" and "component and the required summative rating scale" for the second occurrence of "measure"; and in (d)1, substituted "schoolwide" for "median", and substituted "score" for "measure" twice.
Amended by R.2015 d.013, effective 1/5/2015.
See: 46 N.J.R. 1921(a), 47 N.J.R. 104(a).
In the introductory paragraph of (d), substituted "August 31" for "April 15" and "the academic year in which" for "each school year"; in (d)1, substituted "10" for "20"; in (d)3, updated the N.J.A.C. reference; and added (d)6.
Amended by R.2017 d.025, effective 2/6/2017.
See: 48 N.J.R. 1727(a), 49 N.J.R. 251(a).
In the introductory paragraph of (d), substituted "school" for "academic"; in (d)4, substituted "no less than 50" for "30"; and deleted (d)5 and (d)6.
Modified by Executive Order No. 103(2020), effective 4/3/2020.
See: 52 N.J.R. 974(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).
Modified by Executive Order No. 103(2020), effective 2/10/2021.
See: 53 N.J.R. 401(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:10-5.2 Student achievement components of principal evaluation rubrics

(a) Measures of student achievement shall be used to determine impact on student learning and shall include the following components:

The schoolwide student growth percentile of all students assigned to the principal;
Average student growth objective scores of every teacher, as described in N.J.A.C. 6A:10-4.2(e), assigned to the principal; and
Administrator goals set by principals, vice principals, and assistant principals in consultation with their supervisor pursuant to (e) below, which shall be specific and measurable, based on student growth and/or achievement data.

(b) The schoolwide student growth percentile score shall be included in the annual summative rating of principals, assistant principals, and vice principals who are assigned to a school as of October 15 and who are employed in schools where student growth percentiles are available for students in one or more grades. If a principal, assistant principal, or vice principal is employed in more than one school, the chief school administrator shall assign to the administrator, as appropriate, the schoolwide student growth percentile from one school and shall notify the administrator at the beginning of the school year of the school student growth percentile assignment.

(c) The Department shall calculate the schoolwide student growth percentile for principals, assistant principals, and vice principals.

(d) The average student growth objective scores of all teachers, as described in N.J.A.C. 6A:10-4.2(e), shall be a component of the principal's annual summative rating. The average student growth objective scores for assistant principals or vice principals shall be determined according to the following procedures:

The principal, in consultation with the assistant principal or vice principal, shall determine prior to the start of the school year, which teachers, if not all teachers in the school, shall be linked to the assistant principal and vice principal's average student growth objective score.
If the assistant principal or vice principal does not agree with the list of teachers linked to his or her name for the purposes of this measurement, the principal shall make the final determination.

(e) Administrator goals for principals, assistant principals, or vice principals shall be developed and measured according to the following procedures:

The designated supervisor shall determine for all principals, assistant principals, or vice principals, the number of required administrator goals which shall reflect the achievement of a significant number of students within the school. By August 31 prior to the school year in which the evaluation rubric applies, the Department shall provide on the Department's website the minimum and maximum number of required goals, which will be at least one goal and no more than four goals.
Principals, assistant principals, or vice principals shall develop in consultation with their designated supervisor, each administrator goal. Each vice principal and assistant principal shall set goals specific to his or her job description or adopt the same goals as his or her principal. If the principal, assistant principal, or vice principal and his or her designated supervisor do not agree upon the administrator goal, the principal, assistant principal, or vice principal's designated supervisor shall make the final determination.
Administrator goals and the criteria for assessing performance based on those objectives shall be determined, recorded, and retained by the principal, vice principal, or assistant principal and his or her designated supervisor by October 31 of each school year, or within 25 working days of the principal's, vice principal's, or assistant principal's start date if he or she begins work after October 1.
The administrator goal score shall be approved by the designated supervisor of the principal, vice principal, or assistant principal. The principal's, vice principal's, or assistant principal's administrator goal score, if available, shall be discussed at his or her annual summary conference and recorded in his or her personnel file.

History

Amended by R.2014 d.169, effective 11/3/2014.
See: 46 N.J.R. 1377(a), 46 N.J.R. 2140(a).
Rewrote the section.
Amended by R.2015 d.013, effective 1/5/2015.
See: 46 N.J.R. 1921(a), 47 N.J.R. 104(a).
In (e)1, substituted "August 31" for "April 15" and "academic year in which" for "school year"; in (e)2, substituted "administrator goal score" for "student growth objectives"; in (e)3, substituted "academic" for "school"; and added (e)5 and (f).
Amended by R.2017 d.025, effective 2/6/2017.
See: 48 N.J.R. 1727(a), 49 N.J.R. 251(a).
In (d)1, inserted the first occurrence of "school"; rewrote (e); and deleted (f).
Modified by Executive Order No. 103(2020), effective 2/10/2021.
See: 53 N.J.R. 401(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:10-5.3 Principal practice component of evaluation rubric

(a) Measures of principal practice shall include a measure determined through a Commissioner-approved principal practice instrument and may include a leadership measure determined through the Department-created leadership rubric.

(b) Principal practice component rating shall be based on the measurement of the principal, assistant principal, or vice principal's performance according to the school district's Commissioner-approved principal practice instrument. Observations pursuant to N.J.A.C. 6A:10-5.4 shall be used as one form of evidence for this measurement.

(c) Leadership practice shall be determined by a score on a leadership rubric, which will assess the principal, vice principal, or assistant principal's ability to improve student achievement and teaching staff member effectiveness through identified leader behaviors. The rubric will be posted on the Department's website and annually maintained.

History

Amended by 49 N.J.R. 251(a), effective 2/6/2017

N.J. Admin. Code § 6A:10-5.4 Principal, assistant principal, and vice principal observations

(a) A chief school administrator, or his or her designee, shall conduct observations for the evaluation of principals pursuant to N.J.S.A. 18A:6-121 and he or she shall be trained pursuant to N.J.A.C. 6A:10-2.2(b).

(b) A principal, or a chief school administrator or his or her designee, shall conduct observations for the evaluation of assistant principals and vice principals pursuant to N.J.S.A. 18A:6-121.

(c) For the purpose of collecting data for the evaluation of a principal, assistant principal, or vice principal, an observation, as described in N.J.S.A. 18A:6-119 and N.J.A.C. 6A:N.J.S.A. 10:1-2, may include, but is not limited to: building walk-through, staff meeting observation, parent conference observation, or case study analysis of a significant student issue.

(d) Post-observation conferences shall include the following procedures:

A supervisor who is present at the observation shall conduct a post-observation conference with the principal, assistant principal, or vice principal being observed. A post-observation conference shall occur no more than 15 teaching staff member working days following each observation.
The post-observation conference shall be for the purpose of reviewing the data collected at the observation, connecting the data to the principal practice instrument and the principal, assistant principal, or vice principal's individual professional development plan, collecting additional information needed for the evaluation, and offering areas to improve effectiveness.
With the consent of the observed principal, assistant principal, or vice principal, post-observation conferences for individuals who are not on a corrective action plan may be conducted via written communication, including electronic communication.
One post-observation conference may be combined with the principal, assistant principal, or vice principal's annual summary conference as long as it occurs within the required 15 teaching staff member working days following the observation.
A written or electronic observation report shall be signed by the supervisor who conducted the observation and post-observation and the principal, assistant principal, or vice principal who was observed.

The principal, assistant principal, or vice principal shall submit his or her written objection(s) of the evaluation within 10 working days following the conference. The objection(s) shall be attached to each party's copy of the annual performance report.

(e) Each tenured principal, assistant principal, and vice principal shall be observed as described in this section, at least two times during each school year. Each nontenured principal, assistant principal, and vice principal shall be observed as described in this section, at least three times during each school year, as required by N.J.S.A. 18A:27-3.1. An additional observation shall be conducted pursuant to N.J.A.C. 6A:10-2.5(h) for principals, assistant principals, and vice principals who are on a corrective action plan.

History

Amended by R.2014 d.169, effective 11/3/2014.
See: 46 N.J.R. 1377(a), 46 N.J.R. 2140(a).
In (a), substituted "administrator" for "administrators"; and in (d)5, inserted "or electronic".
Amended by R.2017 d.025, effective 2/6/2017.
See: 48 N.J.R. 1727(a), 49 N.J.R. 251(a).
In (d)5, substituted "observation" for "evaluation"; in (d)6, deleted "written" preceding "performance"; and in (e), updated the N.J.A.C. reference.
Modified by Executive Order No. 103(2020), effective 4/3/2020.
See: 52 N.J.R. 974(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

Subchapter 6 EVALUATION OF TEACHING STAFF MEMBERS OTHER THAN TEACHERS, PRINCIPALS, VICE PRINCIPALS, AND ASSISTANT PRINCIPALS

N.J. Admin. Code § 6A:10-6.1 Components of evaluation rubrics

(a) The components of the evaluation rubric described in this section shall apply to teaching staff members other than a teacher, as described in N.J.A.C. 6A:10-4.1, or a principal, vice principal, or assistant principal, as described in N.J.A.C. 6A:10-5.1.

(b) Each school district shall determine the components of the evaluation rubric for teaching staff members discussed in this section and shall follow the evaluation procedures as set forth in N.J.A.C. 6A:10-2.

History

Adopted by 46 N.J.R. 2140(a), effective 11/3/2014.

N.J. Admin. Code § 6A:10-6.2 Required observations for teaching staff members other than teachers, principals, vice principals, and assistant principals

(a) For the purpose of this subsection, observations include, but are not limited to: observations of meetings, student instruction, parent conferences, and case-study analysis of a significant student issue. The observation shall:

Be at least 20 minutes in length;
Be followed within 15 teaching staff member working days by a conference between the supervisor who made the observation and the nontenured teaching staff member;
Be followed by both parties to such a conference signing the written or electronic observation report and each retaining a copy for his or her records; and
Allow the nontenured teaching staff member to submit his or her written objection(s) of the evaluation within 10 teaching staff member working days following the conference. The objection(s) shall be attached to each party's copy of the annual performance report.

(b) All tenured teaching staff members as described in this section shall receive at least one observation per school year.

(c) All nontenured teaching staff members as described in N.J.A.C. 6A:10-6.1(a) shall receive at least three observations, as required pursuant to N.J.S.A. 18A:27-3.1.

History

New Rule, R.2014 d.169, effective 11/3/2014.
See: 46 N.J.R. 1377(a), 46 N.J.R. 2140(a).
Former N.J.A.C. 6A:10-6.2, Teacher practice instrument, recodified to N.J.A.C. 6A:10-7.2.
Amended by R.2017 d.025, effective 2/6/2017.
See: 48 N.J.R. 1727(a), 49 N.J.R. 251(a).
Section was "Required observations for teaching staff members". Rewrote the section.
Modified by Executive Order No. 103(2020), effective 4/3/2020.
See: 52 N.J.R. 974(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:10-6.3 Reserved

History

Recodified to N.J.A.C. 6A:10-7.3 by R.2014 d.169, effective November 3, 2014.
See: 46 N.J.R. 1377(a), 46 N.J.R. 2140(a).
Section was "Principal practice instrument".

Subchapter 7 COMMISSIONER APPROVAL OF EDUCATOR PRACTICE INSTRUMENTS

N.J. Admin. Code § 6A:10-7.1 Educator practice instrument

(a) Each district board of education shall adopt a policy and implementation procedures requiring the annual evaluation of the chief school administrator by the district board of education.

(b) The purpose of the annual evaluation shall be to:

Promote professional excellence and improve the skills of the chief school administrator;
Improve the quality of the education received by the students served by the public schools; and
Provide a basis for the review of the chief school administrator's performance.

(c) The Department shall periodically review the approved instruments to ensure the instruments continue to meet the criteria set forth in N.J.A.C. 6A:10-7.2 and 7.3.

If the Department determines the instrument(s) no longer meets the criteria set forth in N.J.A.C. 6A:10-7.2 and 7.3, the Department shall notify the instrument's sponsors or creators and they shall have 30 calendar days to correct the deficiencies outlined by the Department.
Development of a job description and evaluation criteria based upon the district board of education's local goals, program objectives, policies, instructional priorities, State goals, statutory requirements, and the functions, duties, and responsibilities of the chief school administrator;

Specification of data collection and reporting methods appropriate to the job description;

Provision for the preparation of an individual professional growth and development plan based in part upon any need(s) identified in the evaluation. The plan shall be mutually developed by the district board of education and the chief school administrator; and
Preparation of an annual written performance report by a majority of the full membership of the district board of education and an annual summary conference between a majority of the total membership of the district board of education and the chief school administrator.

(d) The district board of education may hire a qualified consultant to assist or advise in the evaluation process; however, the evaluation itself shall be the responsibility of the district board of education.

(e) The evaluation policy shall be distributed to the chief school administrator upon adoption by the district board of education. Amendments to the policy shall be distributed within 10 teaching staff member working days after adoption.

(f) The annual summary conference between the district board of education, with a majority of its total membership present, and the chief school administrator shall be held before the written performance report is filed. The conference shall be held in private, unless the chief school administrator requests that it be held in public. The conference shall include, but not be limited to, review of the following:

Performance of the chief school administrator based upon the job description;
Progress of the chief school administrator in achieving and/or implementing the school district's goals, program objectives, policies, instructional priorities, State goals, and statutory requirements; and
Indicators of student progress and growth toward program objectives.

(g) The annual written performance report shall be prepared by July 1 by a majority of the district board of education's total membership and shall include, but not be limited to:

Performance area(s) of strength;
Performance area(s) needing improvement based upon the job description and evaluation criteria set forth in (c)2 above;
Recommendations for professional growth and development;
A summary of indicators of student progress and growth, and a statement of how the indicators relate to the effectiveness of the overall program and the chief school administrator's performance; and
Provision for performance data not included in the report to be entered into the record by the chief school administrator within 10 teaching staff member working days after the report's completion.

(h) The provisions of this section are the minimum requirements for the evaluation of a chief school administrator.

(i) The evaluation procedure for a nontenured chief school administrator shall be completed by July 1 each year.

(j) Each newly appointed or elected district board of education member shall complete a New Jersey School Boards Association training program on the evaluation of the chief school administrator within six months of the commencement of his or her term of office pursuant to N.J.S.A. 18A:17-20.3.b.

(k) Each district board of education shall add to a chief school administrator's personnel file all written performance reports and supporting data, including, but not limited to, indicators of student progress and growth. The records shall be confidential and not be subject to public inspection or copying pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

History

Amended by 46 N.J.R. 2140(a), effective 11/3/2014.

N.J. Admin. Code § 6A:10-7.2 Teacher practice instrument

(a) The teacher practice instrument approved by the Department shall meet the following criteria:

Include domains of professional practice that align to the New Jersey Professional Standards for Teachers pursuant to N.J.A.C. 6A:9-3;

Include scoring guides for assessing teacher practice that differentiate among a minimum of four levels of performance, and the differentiation has been shown in practice and/or research studies. Each scoring guide shall:

i. Clearly define the expectations for each rating category;

ii. Provide a conversion to four rating categories;

iii. Be applicable to all grades and subjects; or to specific grades and/or subjects if designed explicitly for the grades and/or subjects; and

iv. Use clear and precise language that facilitates common understanding among teachers and administrators;

Rely on, to the extent possible, specific, discrete, observable, and/or measurable behaviors of students and teachers in the classroom with direct evidence of student engagement and learning; and

Include descriptions of specific training and implementation details required for the instrument to be effective.

(b) For Commissioner-approval of a teacher practice instrument in 2015 or any year thereafter, the instrument shall include a process to assess competency on the evaluation instrument which the school district may choose to use as a measure of competency.

History

Amended by 49 N.J.R. 251(a), effective 2/6/2017

N.J. Admin. Code § 6A:10-7.3 Principal practice instrument

(a) The principal practice instrument approved by the Department shall meet the following criteria:

Incorporate domains of practice and/or performance criteria that align to the 2015 Professional Standards for Educational Leaders developed by the National Policy Board for Educational Administration (NPBEA), by incorporated herein by reference, available at http://npbea.org/wp-content/uploads/2017/06/Professional-Standards-for-Educational-Leaders_2015.pdf;
Include scoring guides for assessing principal practice that differentiate among a minimum of four levels of performance, and the differentiation has been shown in practice and/or research studies. Each scoring guide shall clearly define the expectations for each category and provide a conversion to four rating categories;
Rely on, to the extent possible, multiple sources of evidence collected throughout the school year, including, but not limited to, evaluation of a principal's leadership related to:

i. Implementing high-quality and standards-aligned curricula, assessments, and instruction; and

ii. Evaluating the effectiveness of teaching staff members and supporting their professional growth; and

Include descriptions of specific training and implementation details required for the instrument to be effective.

History

Administrative Change, 48 N.J.R. 1802(a).

Subchapter 8 EVALUATION OF CHIEF SCHOOL ADMINISTRATORS

N.J. Admin. Code § 6A:10-8.1 Evaluation of chief school administrators

(a) Each district board of education shall adopt a policy and implement procedures requiring the annual evaluation of the chief school administrator by the district board of education.

(b) The purpose of the annual evaluation shall be to:

Promote professional excellence and improve the skills of the chief school administrator;
Improve the quality of the education received by the students served by the public schools; and
Provide a basis for the review of the chief school administrator's performance.

(c) The policy and procedures shall be developed by the district board of education after consultation with the chief school administrator and shall include, but not be limited to:

Determination of roles and responsibilities for the implementation of the annual evaluation policy and procedures;
Development of a job description and evaluation criteria based upon the district board of education's local goals, program objectives, policies, instructional priorities, State goals, statutory requirements, and the functions, duties, and responsibilities of the chief school administrator;
Specification of data collection and reporting methods appropriate to the job description;
Provision for the preparation of an individual professional growth and development plan based in part upon any need(s) identified in the evaluation. The plan shall be mutually developed by the district board of education and the chief school administrator; and
Preparation of an annual performance report by a majority of the full membership of the district board of education and an annual summary conference between a majority of the total membership of the district board of education and the chief school administrator.

(f) The annual summary conference between the district board of education, with a majority of its total membership present, and the chief school administrator shall be held before the annual performance report is filed. The conference shall be held in private, unless the chief school administrator requests that it be held in public. The conference shall include, but not be limited to, review of the following:

Performance of the chief school administrator based upon the job description;
Progress of the chief school administrator in achieving and/or implementing the school district's goals, program objectives, policies, instructional priorities, State goals, and statutory requirements; and
Indicators of student progress and growth toward program objectives.

(g) The annual performance report shall be prepared by July 31 by a majority of the district board of education's total membership and shall include, but not be limited to:

Performance area(s) of strength;
Performance area(s) needing improvement based upon the job description and evaluation criteria set forth in (c)2 above;
Recommendations for professional growth and development;
A summary of indicators of student progress and growth, and a statement of how the indicators relate to the effectiveness of the overall program and the chief school administrator's performance; and
Provision for performance data not included in the report to be entered into the record by the chief school administrator within 10 teaching staff member working days after the report's completion.

(h) The provisions of this section are the minimum requirements for the evaluation of a chief school administrator.

(i) The evaluation procedure for a nontenured chief school administrator shall be completed by July 31 each year.

(k) Each district board of education shall add to a chief school administrator's personnel file all performance reports and supporting data, including, but not limited to, indicators of student progress and growth. The records shall be confidential and not be subject to public inspection or copying pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

History

Amended by 49 N.J.R. 251(a), effective 2/6/2017

Subchapter 9 PROCEDURE FOR NONTENURED NOTICE OF NON-REEMPLOYMENT

N.J. Admin. Code § 6A:10-9.1 Procedure for appearance of nontenured teaching staff members before a district board of education upon receipt of a notice of non-reemployment

(a) Whenever a nontenured teaching staff member has requested in writing and has received a written statement of reasons for non-reemployment pursuant to N.J.S.A. 18A:27-3.2, he or she may request in writing an informal appearance before the district board of education. The written request shall be submitted to the district board of education within 10 calendar days of teaching staff member's receipt of the district board of education's statement of reasons.

(b) The informal appearance shall be scheduled within 30 calendar days from the teaching staff member's receipt of the district board of education's statement of reasons.

(c) Under the circumstances described in this section, a nontenured teaching staff member's appearance before the district board of education shall not be an adversarial proceeding. The purpose of the appearance shall be to provide the staff member the opportunity to convince board of education members to offer reemployment.

(d) Each district board of education shall exercise discretion in determining a reasonable length of time for the proceeding, depending upon each instance's specific circumstances.

(e) Each district board of education shall provide to the employee adequate written notice regarding the date and time of the informal appearance.

(f) The nontenured teaching staff member may be represented by counsel or one individual of his or her choosing.

(g) The staff member may present on his or her behalf witnesses who do not need to present testimony under oath and shall not be cross-examined by the district board of education. Witnesses shall be called one at a time into the meeting to address the board and shall be excused from the meeting after making their statements.

(h) The proceeding of an informal appearance before the district board of education, as described in this section, may be conducted pursuant to N.J.S.A. 10:4-12.b(8).

(i) Within three working days following the informal appearance, the district board of education shall notify the affected teaching staff member, in writing, of its final determination. The district board of education may delegate notification to the chief school administrator or board secretary.

History

Amended by 52 N.J.R. 1557(a), effective 8/3/2020

Chapter 11 CHARTER SCHOOLS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:11-1.1 Purpose

(a) The purpose of this chapter is to provide the rules to govern the implementation of the Charter School Program Act, N.J.S.A. 18A:36A-1 et seq. The rules define the processes for: establishing and operating charter schools; complying with the School Ethics Act (N.J.S.A. 18A:12-21 et seq.); implementing programs; certifying classroom teachers, principals, and professional support staff; and applying streamline tenure for teaching staff members, janitors, and secretaries. The rules for conducting the financial operations of the charter schools are set forth in the fiscal accountability rules at N.J.A.C. 6A:23A-22.

(b) The rules set out the requirements for applying for a charter and operating a school when a charter is awarded by the Commissioner. In addition, the rules affect students who attend charter schools, the parents and legal guardians of the students, the district boards of education where the students reside, the district boards of education in which charter schools are physically located, and the people who serve on the boards of trustees and on the staffs of charter schools.

History

Amended by R.2000 d.403, effective 10/2/2000.
See: 32 N.J.R. 2523(a), 32 N.J.R. 3560(a).
In (a), deleted "transporting students;"; and added "implementing programs;".
Amended by R.2002 d.358, effective 11/4/2002.
See: 34 N.J.R. 2920(a), 34 N.J.R. 3806(a).
In (b), deleted "new" before "rules".
Amended by R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
In (a), rewrote the last sentence.
Amended by R.2013 d.005, effective 1/7/2013.
See: 44 N.J.R. 2151(a), 45 N.J.R. 26(a).
Rewrote the section.

N.J. Admin. Code § 6A:11-1.2 Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Administrator" means an employee of a charter school who:

Holds a position that requires a certificate authorizing the holder to serve as school administrator, principal, or school business administrator;
Holds a position that requires a certificate authorizing the holder to serve as supervisor who is responsible for making recommendations regarding hiring or the purchase or acquisition of any property or services of a charter school; or
Holds a position that does not require the person to hold any type of certificate but is responsible for making recommendations regarding hiring or the purchase or acquisition of any property or services by a charter school.

"Annual review" means the yearly assessment by the Commissioner as to whether the charter school is meeting the goals of its charter.

"Application" means the New Jersey Charter School Application, which includes, but is not limited to, a description of the areas listed in N.J.S.A. 18A:36A-5 and N.J.A.C. 6A:11-2.1(b).

"Approval" means an endorsement by the Commissioner following the review of an eligible application by the Department and contingent upon the receipt of necessary documentation in accordance with N.J.A.C. 6A:11-2.1(f).

"Board of trustees" means the public agents authorized by the State Board of Education to supervise and control a charter school.

"Certification" means the endorsement of a person who is employed by a district board of education or a charter school board of trustees to perform duties that are regulated by N.J.A.C. 6A:9 and N.J.A.C. 6A:23A-22, and N.J.S.A. 18A:26-2.

"Charter agreement" means a written agreement between a charter school and the Commissioner that sets forth criteria the charter school shall be expected to satisfy, including, but not limited to, measureable performance goals and indicators in the charter school's Performance Framework.

"Charter school" means a public school operated under a charter granted by the Commissioner that is independent of the district board of education and managed by a board of trustees.

"Construction" means the building of a wholly new school facility.

"Contiguous district boards of education" means school districts that comprise a region of residence that all share a common border.

"Demonstrable experience" means a record of success in engendering student growth and improving the academic performance of at-risk, multilingual learner s, and special education students; and evidence of financial stability.

"District of residence" means the school district in which a charter school facility is physically located; if a charter school is approved with a region of residence comprised of contiguous school districts, that region is the charter school's district of residence.

"Educator evaluation system" means a system by which a charter school measures the effectiveness of an educator through a measurement of student learning growth and educator practice.

"Eligible applicant" means teaching staff members from anywhere in the State, parents of children attending the schools of the district of residence, a combination of teaching staff members and parents, or 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 of residence.

"Expansion" means an addition to an existing school facility characterized by an increase in the school facility's gross square footage.

"Expedited action" means to allow an applicant to apply early and receive an early decision regarding the status of the application for a charter. It also permits an approved applicant to open a charter school on an expedited timeline. The application must be submitted by October 15 to receive a decision in advance of the standard schedule and no later than February 15.

"Expedited renewal" means the granting on an accelerated basis of a charter's continuation for a five-year period by the Commissioner, which is reserved for high-performing charter schools with no major fiscal or compliance issues that meet the standards set forth in N.J.A.C. 6A:11-2.3.

"Failing school district" means a school district identified by the Department as a "district in need of improvement" in the 2010-2011 school year pursuant to the provisions of the No Child Left Behind Act of 2001, Pub. L. 107-110, as identified in the chapter Appendix, incorporated herein by reference, or that has been identified as a "Priority" or "Focus" school (see N.J.A.C. 6A:33-1.2).

"Final granting of a charter" means the written notification in which the Commissioner makes the charter effective as a result of all required documentation being submitted by the charter school and approved by the Department in accordance with N.J.A.C. 6A:11-2.1(f), (h), and (i).

"GAAP" means the generally accepted accounting principles established by the Governmental Accounting Standards Board as prescribed by the State Board of Education pursuant to N.J.S.A. 18A:4-14 and N.J.A.C. 6A:23A-16.1.

"High-performing charter school" means a charter school that earns a Tier Rank 1, which is the highest possible rank, based on the metrics set forth in the Academic Performance Framework.

"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 N.J.A.C. 6A:11-2.7.

"In-depth interview" means the performance assessment of the founders of a charter school during the application and approval process for a charter.

"Initial recruitment period" means the period during which there are the first outreach efforts by a charter school to a cross section of the community for the application, random selection process (if applicable) and enrollment of students for the next school year.

"Lead person" means the person who performs the organizational tasks necessary for the operation of a charter school. Where a group of individuals shares the organizational tasks, the person designated as responsible for completion of the tasks required by the rules is the lead person.

"Monitoring" means an on-site review at a charter school to corroborate and augment the annual reports and to verify compliance with statutes, regulations and the terms of the charter.

"Nonpublic conversion charter school" means a charter school that has been authorized pursuant to N.J.S.A. 18A:36A-4.1.

"Non-resident district" means a school district outside the district of residence of the charter school.

"Non-resident student" means a student from a non-resident district attending a charter school.

"Norm-referenced achievement test" means any assessment that compares test takers' results to an average to distinguish between high and low performances. Examples include: 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.

"Performance Framework" means the accountability system that shall be used by the Department to evaluate the academic, financial, and organizational performance of each charter school. The Performance Framework shall be shared with all charter schools and posted on the Department's website. The academic component includes, but is not limited to, measures of: student growth; student achievement; high school graduation rate; leading indicators of school success, such as attendance; and all State and Federal accountability requirements. Measures of student growth, student achievement, graduation rate, and leading indicators are evaluated relative to: Statewide results, primary sending district results, and results of similar schools. Additionally, each charter school will be responsible for unique mission-specific goals included in their charter agreement. Criteria for the organizational component consist of, but are not limited to, compliance with statutory requirements in N.J.S.A. 18A:36A-1 et seq., and all applicable statutes in Title 18A, and regulatory requirements that ensure equitable access, pursuant to N.J.A.C. 6A:7, Managing for Equality and Equity in Education; and safe and secure learning environments, pursuant to N.J.A.C. 6A:16, Programs to Support Student Services. Criteria for the financial component include, but are not limited to: the generally accepted accounting principles set forth in N.J.A.C. 6A:23A, Fiscal Accountability, Efficiency and Budgeting Procedures, and indicators of near- and long-term viability.

"Planning year" means a one-year period between a charter school's application approval and the final granting of its charter to prepare for the charter school's opening.

"Preparedness visit" means the on-site inspection by Department personnel that gauges readiness for school opening. The preparedness visit shall include a review of program, facility, and fiscal documentation and interviews with board of trustee members and staff members of the proposed charter school to assess organizational leadership and capacity.

"Qualified applicant" means an applicant determined by the Department to have submitted an application in the first phase of the application process that met the charter school application quality standards as set forth at N.J.A.C. 6A:11-2.1(b)3 ii.

"Qualified founder" means an individual who can establish a charter school pursuant to N.J.S.A. 18A:36A-4. 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.

"Region of residence" means contiguous school districts in which a charter school operates and is the charter school's district of residence.

"Rehabilitation" means as defined in N.J.A.C. 6A:26-1.2.

"Renewal" means the granting of the continuation of a charter for a five-year period by the Commissioner following a comprehensive review conducted by the Commissioner.

"Resident student" means a student who resides in the area served by the district board of education that is the same as the district of residence of the charter school.

"Revocation" means the withdrawal of a charter by the Commissioner from a charter school's board of trustees.

"Satellite campus" means a school facility operated by a charter school that is in addition to the facility identified in the charter school application or charter, if subsequently amended.

"School closure protocols" means procedures set forth at N.J.A.C. 6A:11-2.4(c) for the revocation, non-renewal, or surrender of a charter.

"School Ethics Act" means the statute N.J.S.A. 18A:12-21 et seq. designed to set standards to guide the conduct of school officials and ensure maintenance of those standards to ensure and preserve public confidence in the integrity of elected and appointed school board members and school administrators.

"School official" means a member of the board of trustees or an administrator of a charter school.

"School year" means July 1 to June 30 of any given academic year.

"Streamline tenure" means the tenure process for all charter school teaching staff members, janitors, and secretaries who are either newly employed in a charter school or employed in a charter school while on leave from a district board of education.

"Structured interview" means the performance assessment of the accomplishments of a charter school for renewal of the charter.

"Waiting list" means the document identifying the names of grade-eligible students with applications to a charter school pending acceptance for the subsequent school year, based upon the order of random selection from a lottery following a recruitment period.

"Weighted lottery" means a random selection process that provides additional weight or increased chances to individual students who are identified as part of a specified set of educationally disadvantaged students but does not reserve or set aside seats for individual students or sets of students.

History

Amended by 49 N.J.R. 2521(a), effective 8/7/2017

Subchapter 2 APPLICATION AND APPROVAL, REPORTING, RENEWAL, PROBATION AND REVOCATION, APPEAL, AMENDMENT, AND CONVERSION PROCESSES

N.J. Admin. Code § 6A:11-2.1 Application and approval process

(a) The Commissioner with the authority of N.J.S.A. 18A:36-1 et seq. may approve or deny an application for a charter after review of the application submitted by an eligible applicant and the recommendation(s) from the district board(s) of education or State district superintendent(s) of the district of residence of the proposed charter school.

(b) An eligible applicant for a charter school shall:

Complete the New Jersey Charter School Application, which shall be annually disseminated by the Department no later than August 31 of each year.

i. For application rounds in which the Department requires an online application submission, new charter school applicants shall establish an online account no later than five business days prior to the due date for the application.

The application process shall be conducted in two phases: phase one and phase two. The phase one application shall include in an executive summary the following information:

i. The name of the proposed charter school;

ii. Mission;

iii. Educational program overview;

iv. Applicant and founder information;

v. Enrollment and admission information;

vi. Demonstration of need; and

vii. Community and parent involvement.

The Commissioner shall notify an applicant whether they have been approved or denied for "qualified applicant" status upon completion of the phase one review.

i. To participate in phase two, qualified applicants shall be required to submit the phase two application within 30 days of the date of notification of eligibility by the Department.

ii. A qualified applicant is one that has submitted an application that has a clear, focused, and results-oriented mission statement that aligns with all parts of the application; demonstrates understanding of the population that the school is likely to serve; has an educational program that is likely to be effective for the student population; has strong and diverse leadership; and has strong financial planning and management.

iii. The phase two application shall include the following information:

(1) Educational program;

(2) Goals and objectives;

(3) At-risk populations;

(4) Staffing information;

(5) Financial plan;

(6) Governance and organizational plan;

(7) Facilities;

(8) Daily and annual schedule;

(9) Requested waivers; and

(10) All required documentation as set forth in the phase two application. Such documentation shall include, but not be limited to: course and curriculum outlines, graduation requirements, school scheduling information, professional backgrounds of administrators and staff, professional development and evaluation plans, an organizational chart, and documentation of fiscal and legal compliance.

iv. The Commissioner shall notify a qualified applicant about whether it has been invited to participate in an in-depth interview with the Commissioner or his or her designee. Such interviews will take place within eight to 10 weeks of receipt of phase two applications.

If seeking to open a single-purpose charter school that will limit enrollment to a specific population of educationally disadvantaged or traditionally underserved students, the charter school's application shall demonstrate a compelling need and shall ensure compliance with State and Federal laws.
If seeking to operate a single-purpose charter school that will limit admission on the basis of gender, the charter school's application shall demonstrate a compelling educational reason for limiting enrollment on the basis of gender and shall ensure compliance with State and Federal laws.

(c) The Department shall review the phase one application. Qualified applicants will be asked to complete the phase two application.

(d) The district boards of education or State district superintendents of the districts of residence of the proposed charter schools shall review both the phase one and phase two applications, if submitted.

The recommendations of the district boards of education or State district superintendents shall be forwarded to the Commissioner within 30 days of receipt of the phase one applications; however, if a district board of education or State district superintendent is unable to respond to the phase one application in this timeframe, upon good cause shown to the Commissioner, comments may be submitted on the phase one application along with comments provided on the phase two application.
The recommendations of the district boards of education or State district superintendents shall be forwarded to the Commissioner within 60 days of receipt of the phase two applications.

(e) Following review of phase two applications, the Commissioner or designee(s) shall conduct an in-depth interview with qualified applicants.

(f) The Commissioner shall notify applicants regarding approval or denial of applications no later than February 15 for applicants seeking fast track approval through expedited action and no later than September 30 for all other applications. The notification to eligible applicants not approved as charter schools shall include reasons for the denials.

(g) For phase one of the October 15 expedited application, the Department will review applications received from founders with demonstrable experience operating an education institution. The application review process for phase two will proceed as set forth in (d) and (e) above.

(h) Prior to final granting of the charter, a preparedness visit to prospective charter schools will be conducted by the Department.

(i) The Commissioner may approve an application for a charter, which shall be effective when all necessary documents and information are received by the Commissioner and following satisfactory completion of the preparedness visit as determined by the Commissioner. The charter school shall submit on or before the dates specified in the letter of approval the documentation not available at the time of the application submission including, but not limited to, copies of:

A directory of the current members of the board of trustees;
The bylaws of the board of trustees;
The certificate of incorporation;

The Federal Employer Identification Number;

The Credit Authorization Agreement for Automatic Deposits;
The lease, mortgage or title to its facility;
The certificate of occupancy for "E" (education) use issued by the local municipal enforcing official at N.J.A.C. 5:23-2;
The sanitary inspection report with satisfactory rating;

The fire inspection certificate with "Ae" (education) code life hazard use at N.J.A.C. 5:70-4;

An organizational chart and a list of the lead person, school business administrator, teachers, and professional support staff including required certifications and criminal background check status;
A budget summary, budget narrative, and cash flow statement for the following fiscal year, based on the most recent enrollment projections;

Evidence of a uniform system of double-entry bookkeeping that is consistent with GAAP;

The resolution of the board of trustees naming the affirmative action officer, the Section 504 officer, and the Title IX coordinator;
Evidence of enrollment of at least 90 percent of approved maximum enrollment, as verified by student registrations signed by parent/guardian(s); and
Documentation that ensures compliance with all applicable Federal and State regulations and statutes.

(j) Prior to the granting of the charter, the Commissioner shall assess the student composition of a charter school and the segregative effect that the loss of the students may have on its district of residence. The assessment shall be based on the enrollment from the initial recruitment period pursuant to N.J.A.C. 6A:11-4.4(a) and (b). The charter school shall submit data for the assessment:

In a format prescribed by the Commissioner; and
No later than 4:15 P.M. on February 15, or March 15 for charter schools applicants seeking approval through expedited action.

(k) All statutorily required documentation shall be submitted to the Department by June 30. The final granting of the charter by the Commissioner shall be effective when all required documentation as listed in (i) above is submitted and approved by the Department no later than July 15 and following satisfactory completion of the preparedness visit as determined by the Commissioner.

(l) A charter school shall locate its facility in its district of residence or in one of the districts of its region of residence.

(m) A charter school applicant that receives application approval, but is not prepared to open in the subsequent school year may request a planning year. The Commissioner may grant or deny a planning year based upon the information submitted by the applicant.

The Commissioner may grant a planning year to an applicant that demonstrates a legitimate need for more time to meet the preparedness requirements pursuant to (i) above.
The Commissioner may grant a second planning year based upon an applicant's showing of good cause. A charter school may receive no more than two planning years after application approval.

History

Amended by 46 N.J.R. 2351(c), effective 12/1/2014

N.J. Admin. Code § 6A:11-2.2 Reporting

(a) To facilitate the annual review, each charter school shall submit an annual report to the local board of education, the executive county superintendent, and the Commissioner in the form prescribed by the Commissioner. The board of trustees of a charter school shall submit an annual report no later than 4:15 P.M. on August 1 following each full school year in which the charter school is in operation to the Commissioner, the respective executive county superintendent, and the district board(s) of education or State district superintendent(s) of the district of residence of a charter school. If August 1 falls on a weekend, the annual report is due on the first subsequent work day.

The report in a format prescribed by the Commissioner must include, but is not limited to, evidence of the following:

i. The school is achieving the mission, goals, and objectives of its charter as measured against the Performance Frameworks;

ii. The board of trustees operates in accordance with the School Ethics Act, N.J.S.A. 18A:12-23, and the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.;

iii. Curriculum that is compliant with the New Jersey Student Learning Standards;

iv. Statewide assessment program results and local assessment results of students;

v. Parental and community involvement in the school; and

vi. A calendar for the upcoming school year.

The report must include a copy of the following:

i. A directory of the current members of the board of trustees; and

ii. Amendments to the bylaws of the board of trustees adopted during the previous year.

The board of trustees of a charter school shall make the annual report available to the parents or guardians of the students enrolled in the charter school.
The district board(s) of education or State district superintendent(s) of the district of residence of a charter school may submit comments regarding the annual report of the charter school to the Commissioner by October 1.

(b) The board of trustees of a charter school shall submit documentation annually to the Commissioner prior to the opening of school on dates specified by and in a format prescribed by the Commissioner. The documentation shall include, but is not limited to, copies of:

A new lease, mortgage or title to its facility if the charter school has changed facilities;
A valid certificate of occupancy for "E" (education) use issued by the local municipal enforcing official at N.J.A.C. 5:32-2 if the charter school has changed facilities;
An annual sanitary inspection report with satisfactory rating;
An annual fire inspection certificate with "Ae" (education) code life hazard use at N.J.A.C. 5:70-4;
A list of the lead person, teachers, and professional support staff if any charter school staff has changed;
The authorization for emergent hiring pending completion of criminal history check form or criminal history approval letter for each employee of the charter school if any charter school staff has changed; and
Evidence of a uniform system of double-entry bookkeeping that is consistent with GAAP.

(c) On an annual basis, the Commissioner shall assess the student composition of a charter school and the segregative effect that the loss of the students may have on its district of residence. The assessment shall be based on the enrollment from the initial recruitment period pursuant to N.J.A.C. 6A:11-4.4(b). The charter school shall submit data for the assessment:

In a format prescribed by the Commissioner; and
No later than 4:15 P.M. on June 1.

(d) On an annual basis, the Department shall publicly report on each charter school's academic performance based on the Performance Framework.

History

Amended by 46 N.J.R. 2351(c), effective 12/1/2014

N.J. Admin. Code § 6A:11-2.3 Renewal of charter

(a) The Commissioner may grant a five-year renewal of a charter following the initial four-year charter.

(b) The Commissioner shall grant or deny the renewal of a charter upon the comprehensive review of the school including, but not limited to:

A renewal application submitted by a charter school to the Commissioner, the respective county superintendent of schools, and the district board(s) of education or State district superintendent(s) of the district of residence of the charter school no later than 4:15 P.M. on October 15 of the last school year of the current charter, or on a date prescribed by the Commissioner with no less than 30 days notice;
A review of the charter school based on its charter agreement and the Performance Framework;
The review of a charter school's annual reports pursuant to N.J.A.C. 6A:11-2.2(a);
Comments of the annual reports from the district board(s) of education or State district superintendent(s) of the district of residence of the charter school;
Student performance on the Statewide assessment program pursuant to N.J.A.C. 6A:8-4.1;
Monitoring of the charter school by the executive county superintendent;

Monitoring of the charter school by the Commissioner or designee(s);

The annual assessments of student composition of the charter school;
The recommendation of the district board(s) of education or State district superintendent(s) of the district of residence forwarded to the Commissioner within 30 days of receipt of the renewal application;
A structured interview with the Commissioner or designee(s) with:

i. A member of the charter school board of trustees;

ii. The lead person of the charter school;

iii. A teacher at the charter school; and

iv. A parent or other representative of the charter school;

The review of the charter school's educator evaluation system; and

A review to ensure the charter school has established an escrow account or posted a surety bond of no less than $ 75,000 to pay for legal and audit expenses and any outstanding pension benefit(s) that would be associated with dissolution if it occurs.

(c) Charter schools that have been deemed high performing, based upon the criteria outlined in the Academic Performance Framework, for three consecutive years during the most recent charter term, and have had no major fiscal or compliance issues, shall be eligible for an expedited renewal review process. The Department will notify charter schools prior to October 1 whether they qualify for an expedited review process.

The expedited review process shall include the elements set forth in (b) above but may be conducted in an abbreviated format established by the Commissioner.
Within 75 days of the renewal application submission, the Commissioner shall notify the charter school of whether it has been granted renewal of its charter.

(d) The Commissioner shall notify a charter school regarding the granting or denial of the renewal on or before February 1 of the last school year of the current charter, or on a date prescribed by the Commissioner. The notification to a charter school that is not granted a renewal shall include reasons for the denial.

History

Amended by 49 N.J.R. 2521(a), effective 8/7/2017

N.J. Admin. Code § 6A:11-2.4 Probation and revocation of charter

(a) The Commissioner may place a charter school on probationary status for a period of time as determined by the Commissioner to allow the implementation of a remedial plan upon a finding that the charter school is not operating in compliance with its charter, statutes, or regulations.

The Commissioner shall determine the date on which the probationary status will begin and notify the charter school of such date.
The charter school must submit a remedial plan to the Commissioner within 15 days from the receipt of the notice of probationary status.
The charter school must provide the specific steps, within the remedial plan, that it shall undertake to resolve the condition(s) not fulfilled and/or the violation(s) of its charter.
The Commissioner may remove the probationary status of a charter school if the school provides sufficient evidence, as determined by the Commissioner, that the terms of the probation have been met and the causes for the probationary status are corrected.
The Commissioner may grant extensions to the probationary status where warranted and extend the probationary period if the charter school has implemented its remedial plan but needs additional time to complete the implementation of its corrections.
The Commissioner may revoke the charter if the remedial plan is deemed to be insufficient or if probation terms have not been met.

(b) The Commissioner may revoke a school's charter following review by the Department for one or more of the following reasons:

Any condition imposed by the Commissioner in connection with the granting of the charter that has not been fulfilled by the school;

Violation of any provision of its charter by the school;

Failure of the remedial plan to correct the conditions that caused the probationary status. The Commissioner may place a school on probation before charter revocation, but probationary status is not necessary for revocation; or

Failure of the charter school to meet any standards set forth in its charter agreement or the Performance Framework.

(c) Upon the decision of the Commissioner to revoke or not renew a school's charter, or upon the decision of the board of trustees to surrender a charter, the board of trustees must implement school closure protocols including, at a minimum:

The board of trustees, within 48 hours of receipt of notification, shall:

i. Provide in writing to the Commissioner a complete list of names and addresses of all students and staff currently enrolled and working in the school, so the Commissioner may send the appropriate notice to the parents or guardians and staff; and

ii. Notify in writing all administrators, staff, parents, guardians, students, and special education providers; and

The board of trustees shall implement a comprehensive closure plan:

i. Within 10 business days of receipt of notification, the board of trustees shall appoint an independent trustee whose appointment is subject to the approval of the Commissioner. Duties of the independent trustee include, but are not limited to, the following:

(1) Review the budget to ensure that funds are sufficient to operate the school through the end of the school year, if applicable, and terminate any spending deemed non-essential to the operation of the school;

(2) Maintain all financial records;

(3) Notify all entities doing business with the school;

(4) Notify retirement and benefits systems in which the school's employees participate;

(5) Inventory and evaluate assets;

(6) Ensure appropriate payment of outstanding debt; and

(7) Ensure appropriate distribution of remaining assets;

ii. Provide for appropriate enrollment:

(1) The district(s) of residence of a charter school undergoing closure proceedings shall, in cooperation with the Department and the charter school, establish dates and times for parents and guardians to enroll students; and

(2) The charter school shall make all reasonable efforts to ensure that students enrolled at the time of the receipt of the closure notification have taken action to enroll in another school;

iii. Ensure transfer of student records:

(1) The charter school shall update all student records and have them available upon request for review by the Department;

(2) The charter school shall document the transfer of all records, including the number of general and special education records to be transferred, and the printed name and signature of the charter school representative releasing the records; and

(3) School districts receiving transferred students shall provide to the appropriate county office of education printed name(s) and signature(s) of representative(s) of the district(s) certifying receipt of the student records;

iv. The Commissioner may rescind approval of the appointed independent trustee if the Commissioner determines the trustee is not adequately performing the required duties set forth in (c)2 above. In addition, the Commissioner may appoint an independent trustee if the board of trustees fails to appoint one pursuant to the comprehensive closure plan; and

v. Within 30 days of school closure, the board of trustees shall pass a resolution officially dissolving the board.

History

Amended by 49 N.J.R. 2521(a), effective 8/7/2017

N.J. Admin. Code § 6A:11-2.5 Charter appeal process

An eligible applicant for a charter school, a charter school, or a district board of education or State district superintendent of the district of residence of a charter school may file an appeal according to N.J.S.A. 18A:6-9.1.

History

Repealed by R.2000 d.229, effective 6/5/2000.
See: 32 N.J.R. 749(a), 32 N.J.R. 2049(b).
Section was "Charter appeal process".
New Rule, R.2000 d.403, effective 10/2/2000.
See: 32 N.J.R. 2523(a), 32 N.J.R. 3560(a).
Amended by R.2002 d.358, effective 11/4/2002.
See: 34 N.J.R. 2920(a), 34 N.J.R. 3806(a).
Amended by R.2013 d.005, effective 1/7/2013.
See: 44 N.J.R. 2151(a), 45 N.J.R. 26(a).
Inserted a comma following the first occurrence of "school", and substituted "N.J.S.A. 18A:6-9.1" for "N.J.A.C. 6A:4-2.5".

N.J. Admin. Code § 6A:11-2.6 Amendment to charter

(a) A charter school may apply to the Commissioner for an amendment to the charter following the final granting of the charter.

Examples of what a charter school may seek an amendment for include, but are not limited to, the following:

i. Expanding enrollment;

ii. Expanding grade levels;

iii. Changing or adding a district or region of residence;

iv. Opening a new satellite campus; or v. Establishing a weighted lottery.

The board of trustees of a charter school shall submit in the form of a board resolution the amendment request to the Commissioner and the district board(s) of education or State district superintendent(s) of the district of residence of a charter school. The amendment request shall:

i. Include the applicable revised pages to the approved New Jersey Charter School Application ; and

ii. Be made by December 1 of the previous school year to increase enrollment in the subsequent school year.

(b) The Department shall determine whether the amendments are eligible for approval and shall evaluate the amendments based on N.J.S.A. 18A:36A-1 et seq. and this chapter. The Commissioner shall review a charter school's performance data in assessing the need for a possible charter amendment.

(c) The district board(s) of education or State district superintendent(s) of the district of residence of a charter school may submit comments regarding the amendment request to the Commissioner within 60 days of receipt of the resolution of the board of trustees.

(d) The Commissioner may approve or deny amendment requests of charter schools and shall notify charter schools of decisions. If approved, the amendment becomes effective immediately unless a different effective date is established by the Commissioner.

History

Amended by 46 N.J.R. 2351(c), effective 12/1/2014

N.J. Admin. Code § 6A:11-2.7 Nonpublic conversion charter schools; applicable law

Except as otherwise provided in this section through N.J.A.C. 6A:11-2.1 1, the provisions of P.L. 1995, c. 426 (N.J.S.A. 18A:36A-1 et seq.) and this chapter shall apply in the case of a nonpublic school applying for conversion or having undergone conversion to charter school status.

History

New Rule, R.2013 d.077, effective 5/6/2013.
See: 45 N.J.R. 10(a), 45 N.J.R. 1101(a).

N.J. Admin. Code § 6A:11-2.8 Eligibility of a nonpublic school to convert to a charter school

(a) To be eligible for conversion to a charter school, a nonpublic school must be a high-performing nonpublic school and must be located in one of the failing school districts included in the chapter Appendix.

(b) A school district seeking to be removed from the list of failing school districts shall apply to the Commissioner for removal via the waiver process pursuant to N.J.A.C. 6A:5, Regulatory Equivalency and Waiver. If the Commissioner determines that a school district should not be considered a district in need of improvement based on evidence presented in the waiver application, the school district shall be removed from the list of failing school districts, and nonpublic schools located in that school district shall no longer be eligible for conversion to a charter school.

History

New Rule, R.2013 d.077, effective 5/6/2013.
See: 45 N.J.R. 10(a), 45 N.J.R. 1101(a).

N.J. Admin. Code § 6A:11-2.9 Application of a nonpublic school to convert to a charter school

(a) The governing body of a nonpublic school meeting the criteria established in N.J.A.C. 6A:11-2.8(a) may submit an application to convert to a charter school pursuant to N.J.A.C. 6A:11-2.1(b)5. As of September 3, 2013, nonpublic schools applying to convert to charter school status shall apply only within the expedited action round pursuant to N.J.A.C. 6A:11-2.1(b)3. An application for the expedited action round must be submitted by October 15 to receive a decision in advance of the standard schedule and a decision will be made no later than February 15. In addition to the criteria laid forth in N.J.A.C. 6A:11-2.1(b)5, the application must include:

The nonpublic school's norm-referenced achievement test scores;
Assurances and a valid plan for an educational program and culture that prohibits religious instruction, events, and activities that promote religious views, and the display of religious symbols; and
A name that does not include any religious reference.

(b) An applicant that receives initial approval also shall meet the preparedness visit requirements set forth in N.J.A.C. 6A:11-2.1(h) applicable to all charter schools. The preparedness visit includes: an on-site inspection by Department personnel that gauges readiness for school opening; a review of program, facility, and fiscal documentation; and interviews with board of trustee members and staff members of the proposed charter school to assess organizational leadership and capacity. All nonpublic conversion schools shall be held to the requirements set forth in N.J.A.C. 6A:11-2.1(i), as well as evidence of removal of all religious symbols and materials within the facility.

(c) The final granting of the charter by the Commissioner shall be effective when all required documentation set forth in N.J.A.C. 6A:11-2.1(i) and 2.8(b) is provided and following satisfactory completion of the preparedness visit as determined by the Commissioner.

History

New Rule, R.2013 d.077, effective 5/6/2013.
See: 45 N.J.R. 10(a), 45 N.J.R. 1101(a).

N.J. Admin. Code § 6A:11-2.10 Enrollment of students in a nonpublic conversion charter school

(a) A nonpublic conversion charter school shall allow any student enrolled in the nonpublic school in the school year preceding its conversion to enroll in the nonpublic conversion charter school.

(b) For any remaining enrollment spaces in the nonpublic conversion charter school for the first year of operation and for all enrollment spaces in each successive year, the nonpublic conversion charter school shall provide enrollment preference pursuant to section 8 of P.L. 1995, c. 426 (N.J.S.A. 18A:36A-8).

History

New Rule, R.2013 d.077, effective 5/6/2013.
See: 45 N.J.R. 10(a), 45 N.J.R. 1101(a).

N.J. Admin. Code § 6A:11-2.11 Employment of staff in a nonpublic conversion charter school

(a) A nonpublic conversion charter school may continue to employ teaching staff and other employees of the nonpublic school upon its conversion. However, any employee who is not certified in accordance with the provisions of subsection c of section 14 of P.L. 1995, c. 426 (N.J.S.A. 18A:36A-14) shall take immediate action toward receiving appropriate New Jersey certification and shall be in full compliance with all certification requirements as per N.J.A.C. 6A:9 within two years of the school's conversion.

(b) 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 (N.J.S.A. 18A:36A-14).

History

New Rule, R.2013 d.077, effective 5/6/2013.
See: 45 N.J.R. 10(a), 45 N.J.R. 1101(a).
Administrative change.
See: 46 N.J.R. 1743(a).

Subchapter 3 SCHOOL ETHICS ACT

N.J. Admin. Code § 6A:11-3.1 Board of trustees and administrators

(a) For the purposes of implementation of the Charter School Program Act, the members of the board of trustees of a charter school shall be school officials as defined in the School Ethics Act (N.J.S.A. 18A:12-23). The trustees shall comply with the provisions of the School Ethics Act and the rules promulgated pursuant thereto at N.J.A.C. 6A:28.

(b) Each administrator shall hold the certificate or perform the tasks as defined in N.J.A.C. 6A:11-1.2 and in the School Ethics Act (N.J.S.A. 18A:12-23) and the rules promulgated thereto at N.J.A.C. 6A:28.

(c) Each school official shall file financial and personal/relative disclosure statements annually on or before April 30 or within 30 days of his or her election or appointment in accordance with N.J.A.C. 6A:28-1.5.

(d) Each member of the board of trustees of a charter school shall, during the first year of his or her first term on the board, complete a training program prepared and offered by the New Jersey School Boards Association that shall include in its content instruction relative to the board member's responsibilities under the School Ethics Act in accordance with N.J.A.C. 6A:28-1.6.

History

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
In (a) and (b), changed N.J.A.C. references; and deleted a former (c).
Amended by R.2000 d.403, effective 10/2/2000.
See: 32 N.J.R. 2523(a), 32 N.J.R. 3560(a).
Rewrote section.
Amended by R.2013 d.005, effective 1/7/2013.
See: 44 N.J.R. 2151(a), 45 N.J.R. 26(a).
In (c), substituted "financial and personal/relative disclosure statements" for "the Financial and Personal/Relative Disclosure Statements"; and in (d), substituted "that" for "which".

Subchapter 4 PROGRAM IMPLEMENTATION

N.J. Admin. Code § 6A:11-4.1 Local education agency

A charter school shall be a local education agency only for the purpose of applying for Federal entitlement and discretionary funds.

N.J. Admin. Code § 6A:11-4.2 Student records

(a) A district board of education or a State district superintendent shall forward to the lead person of a charter school records of a student transferring to the charter school in accordance with N.J.A.C. 6A:32-7.

(b) The lead person of a charter school shall forward to the district board of education or the State district superintendent records of a student transferring from the charter school in accordance with N.J.A.C. 6A:32-7.

(c) A charter school shall create, maintain, and dispose of student records in accordance with N.J.A.C. 6A:32, School District Operations.

History

Amended by R.2000 d.403, effective 10/2/2000.
See: 32 N.J.R. 2523(a), 32 N.J.R. 3560(a).
Rewrote section.
Amended by R.2002 d.358, effective 11/4/2002.
See: 34 N.J.R. 2920(a), 34 N.J.R. 3806(a).
Replaced "N.J.A.C. 6:3-6.1" with "N.J.A.C. 6:3-6, Pupil Records".
Amended by R.2007 d.183, effective 6/4/2007.
See: 39 N.J.R. 289(a), 39 N.J.R. 2242(a).
In (a) and (b), updated the N.J.A.C. references; and in (c), substituted "6A:32, Student Records" for "6:3-6, Pupil Records".
Amended by R.2013 d.005, effective 1/7/2013.
See: 44 N.J.R. 2151(a), 45 N.J.R. 26(a).
In (c), inserted a comma following "maintain", and substituted "School District Operations" for "Student Records".

N.J. Admin. Code § 6A:11-4.3 Student attendance

A charter school shall record in the school register student attendance during school hours on each day that the school is in session in accordance with N.J.A.C. 6A:32-8.1(c).

History

New Rule, R.2000 d.403, effective 10/2/2000.
See: 32 N.J.R. 2523(a), 32 N.J.R. 3560(a).
Amended by R.2002 d.358, effective 11/4/2002.
See: 34 N.J.R. 2920(a), 34 N.J.R. 3806(a).
Amended N.J.A.C. reference.
Amended by R.2007 d.183, effective 6/4/2007.
See: 39 N.J.R. 289(a), 39 N.J.R. 2242(a).
Updated the N.J.A.C. reference.
Amended by R.2013 d.005, effective 1/7/2013.
See: 44 N.J.R. 2151(a), 45 N.J.R. 26(a).
Inserted "in the school register" preceding and deleted "in the school register" following "student attendance".

N.J. Admin. Code § 6A:11-4.4 Initial recruitment period

(a) No later than June 1 of subsequent school years, a charter school shall submit to the Commissioner the number of students by grade level, gender, and race/ethnicity from each district selected for enrollment from its initial recruitment period for the following school year.

(b) The number of students by grade level from each district selected for enrollment from the initial recruitment period of a charter school is used to establish a per-pupil amount for the specific grade level at the charter school rate in accordance with N.J.A.C. 6A:23A.

(c) A charter school may conduct subsequent recruitment and enrollment periods if vacancies remain in its enrollment after the initial recruitment period.

History

Amended by 46 N.J.R. 2351(c), effective 12/1/2014

N.J. Admin. Code § 6A:11-4.5 Lottery

(a) Pursuant to N.J.S.A. 18A:36A-8, 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 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 school district.

(b) A charter school shall allow any student who was enrolled in the school in the immediately preceding school year to enroll in the charter school in the appropriate grade, unless the appropriate grade is not offered at the charter school.

(d) If available space permits, a charter school may enroll non-resident students. The terms and condition of the enrollment shall be outlined in the school's charter and approved by the Commissioner.

(e) The charter school's admission policy shall seek, to the maximum extent practicable, the enrollment of a cross-section of the community's school-age population, including racial and academic factors.

(f) A charter school may seek approval from the Commissioner to establish a weighted lottery that favors educationally disadvantaged students, including, but not limited to, students who are economically disadvantaged, students with disabilities, migrant students, multilingual learners, neglected or delinquent students, or homeless students, in an effort to better represent a cross-section of the community's school-age population.

History

Adopted by 49 N.J.R. 2521(a), effective 8/7/2017

N.J. Admin. Code § 6A:11-4.6 Waiting list

(a) A charter school shall maintain a waiting list for admission of grade-eligible students that:

Begins with the close of the annual initial recruitment period and first random selection process and ends with the close of the subsequent school year; and
Is divided into two groups: students from the district of residence or region of residence and students from non-resident districts.

(b) During the recruitment period, a charter school shall notify parents that their children's names remain on the waiting list for enrollment for the subsequent school year only.

History

Recodified from N.J.A.C. 6A:11-4.5 by 49 N.J.R. 2521(a), effective 8/7/2017

N.J. Admin. Code § 6A:11-4.7 Age eligibility for kindergarten

(a) A charter school shall enroll a student selected for admission to kindergarten based on the student reaching the age of five in that school year by:

October 1 in accordance with N.J.S.A. 18A:38-5; or
A date later than October 1 that is established by the district board of education in which the student resides.

(b) A charter school may enroll students in preschool if the district has a State-funded preschool program. Preschool students shall enroll in kindergarten at the school as returning students and shall not re-enter the lottery.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:11-4.8 Multilingual learners

A charter school shall provide an enrolled multilingual learner with all required courses and support services to meet the New Jersey Student Learning Standards in accordance with N.J.S.A. 18A:7A-4 and 18A:7A-5 and N.J.A.C. 6A:15, Bilingual Education.

History

Recodified from N.J.A.C. 6A:11-4.7 by 49 N.J.R. 2521(a), effective 8/7/2017

N.J. Admin. Code § 6A:11-4.9 Students with educational disabilities

A charter school shall provide an enrolled student with educational disabilities with a free, appropriate public education in accordance with the Individuals with Disabilities Education Act, Part B (IDEA--B) at 20 U.S.C. §§ 1400 et seq., 34 C.F.R. 300 et seq., N.J.S.A. 18A:36A-11(b), and N.J.A.C. 6A:14, Special Education.

History

Recodified from N.J.A.C. 6A:11-4.8 by 49 N.J.R. 2521(a), effective 8/7/2017

N.J. Admin. Code § 6A:11-4.10 Home instruction for students

A charter school shall provide home instruction in accordance with N.J.A.C. 6A:16-10.1 and 10.2.

History

Amended and Recodified from N.J.A.C. 6A:11-4.9 by 49 N.J.R. 2521(a), effective 8/7/2017

N.J. Admin. Code § 6A:11-4.11 Pupil transportation

In accordance with N.J.S.A. 18A:36A-13 and N.J.A.C. 6A:27-3.1, a district board of education shall provide transportation or aid in lieu of transportation to a student in kindergarten through grade 12 who attends a charter school.

History

Recodified from N.J.A.C. 6A:11-4.10 by 49 N.J.R. 2521(a), effective 8/7/2017

N.J. Admin. Code § 6A:11-4.12 Board of trustees and Open Public Meetings Act

(a) A charter school shall constitute its board of trustees no later than April 15 of the year in which its application is approved.

(b) The board of trustees of a charter school shall operate in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

(d) The board of trustees shall include a report on changes in student enrollment in the monthly minutes.

History

Repealed by 49 N.J.R. 641(a), effective 4/3/2017

N.J. Admin. Code § 6A:11-4.13 Charter school operations

(a) A charter school shall operate in accordance with its charter and the provisions of law and regulation that govern other public schools.

(b) The board of trustees of a charter school may request that the Commissioner 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.

History

Repealed by 49 N.J.R. 641(a), effective 4/3/2017

N.J. Admin. Code § 6A:11-4.14 Sports programs

If a secondary charter school does not offer the particular sport in which one of its full-time students wishes to participate, the student may participate in the sport at his or her school of residence upon agreement of both principals, regardless of the number of sports programs offered at the charter school.

History

Adopted by 49 N.J.R. 2521(a), effective 8/7/2017

N.J. Admin. Code § 6A:11-4.15 Facilities

(a) Pursuant to N.J.S.A. 18A:36A-10, a charter school shall not use public funds other than Federal funds for the construction of a facility. However, a charter school may use State and local funds for the rehabilitation or expansion of a facility, provided the charter school submits to the Department a statement assuring adequate funds are allocated to the classroom, pursuant to N.J.A.C. 6A:23A-22.4(d).

(b) A charter school may operate more than one satellite campus in its district or region of residence, subject to charter amendment approval, pursuant to N.J.A.C. 6A:11-2.6.

History

Adopted by 49 N.J.R. 2521(a), effective 8/7/2017

Subchapter 5 CERTIFICATION REQUIREMENTS FOR STAFF

N.J. Admin. Code § 6A:11-5.1 Certification

(a) All classroom teachers, principals and professional support staff employed by the board of trustees of a charter school shall hold appropriate New Jersey certification in accordance with N.J.A.C. 6A:9-5.1.

(b) The board of trustees of a charter school shall employ or contract with:

A lead person or another person who holds a New Jersey standard school administrator or supervisor certificate or a New Jersey standard or provisional principal certificate in accordance with N.J.A.C. 6A:9-8.6 to direct and guide the work of instructional personnel including, but not limited to, the supervision and evaluation of staff and the development and implementation of curriculum; and
A person who holds a New Jersey standard or provisional school business administrator certificate in accordance with N.J.A.C. 6A:9B-12.7 and 6A:23A to oversee fiscal operations of the charter school.

History

Amended by 49 N.J.R. 2521(a), effective 8/7/2017

Subchapter 6 STREAMLINE TENURE

N.J. Admin. Code § 6A:11-6.1 Tenure acquisition

An employee of a charter school shall acquire streamline tenure pursuant to guidelines developed by the Commissioner. The charter school shall specify the security and protection to be afforded to the employee in accordance with the Commissioner's guidelines.

History

Repeal and New Rule, R.2013 d.005, effective 1/7/2013.
See: 44 N.J.R. 2151(a), 45 N.J.R. 26(a).
Section was "Tenure acquisition".

N.J. Admin. Code § 6A:11-6.2 Acquisition of streamline tenure

(a) All teaching staff members, janitors, and secretaries shall acquire streamline tenure in a charter school after five consecutive full academic years of effective employment as determined by the Department-approved educator evaluation system established by each charter school and in accordance with the charter school's uniform policies and procedures. Streamline tenure policies shall be developed and adopted by each charter school's board of trustees prior to June 30, 2013.

(b) All teaching staff members, janitors, and secretaries who have acquired streamline tenure prior to June 30, 2013, shall retain streamline tenure status and shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming.

(c) The Commissioner may void acquired streamline tenure status for all applicable charter school employees if stipulated in the terms of probation pursuant to N.J.A.C. 6A:11-2.4.

History

Amended by R.2002 d.358, effective 11/4/2002.
See: 34 N.J.R. 2920(a), 34 N.J.R. 3806(a).
Substituted "charge(s)" for "charges" throughout.
Repealed by R.2013 d.005, effective 1/7/2013.
See: 44 N.J.R. 2151(a), 45 N.J.R. 26(a).
Section was "Filing of and response to tenure charges".
New Rule, R.2013 d.104, effective 8/19/2013.
See: 45 N.J.R. 8(a), 45 N.J.R. 1955(a).

N.J. Admin. Code § 6A:11-6.3 Process for tenure disputes

(a) The charter school board of trustees shall adopt a policy that establishes a uniform process, including procedures and timelines, for hearing streamline tenure disputes. The policies shall include, at a minimum:

Written notice to the employee of the charges;
An opportunity for the tenured employee to respond to the charges, including the right to request a hearing to dispute the charges; and
A process for the board of trustees to receive and consider, prior to issuing a decision, a record of the case's proceedings.

(b) If a hearing is requested pursuant to (a)2 above, the tenured employee shall be provided with:

An opportunity to be represented by legal counsel;
A list of the charter school administration's witnesses no later than five days before the hearing; and
An opportunity to confront and cross-examine witnesses of the administration and to produce his or her own witnesses or affidavits.

(c) If disputed, the party issuing the tenure charges shall have the burden of substantiating the charges by a preponderance of competent and credible evidence.

(d) A hearing held pursuant to (a) above shall be completed no later than 30 days after the charter school board of trustees' receipt of the tenured employee's response to the charges, barring any unforeseen circumstances warranting an extension of such time. The hearing shall result in a determination by the board of trustees as to whether the charges have been substantiated by a preponderance of competent and credible evidence in the record and whether the tenured employee shall be dismissed or reduced in compensation.

(e) A written decision reflecting the board of trustees' determination whether to dismiss or reduce in compensation the tenured employee must be issued within 10 days of the determination. The written decision shall include, at a minimum:

A summary of evidence considered;
Factual findings relative to each charge; and
A determination whether each charge was substantiated.

History

Amended by R.2002 d.358, effective 11/4/2002.
See: 34 N.J.R. 2920(a), 34 N.J.R. 3806(a).
In (a), substituted "charge(s)" for "charges".
Repealed by R.2013 d.005, effective 1/7/2013.
See: 44 N.J.R. 2151(a), 45 N.J.R. 26(a).
Section was "Arbitration".
New Rule, R.2013 d.104, effective 8/19/2013.
See: 45 N.J.R. 8(a), 45 N.J.R. 1955(a).

N.J. Admin. Code § 6A:11-6.4 Appeals of tenure disputes

(a) Upon receipt of the board of trustees' written decision finding that a charge has been substantiated, the aggrieved party shall have 15 days to submit to the Commissioner a written appeal of the board of trustees' decision. The aggrieved party shall serve the board of trustees with all briefs or papers filed with the Commissioner in connection with the appeal. The Commissioner may extend the time period for filing an appeal upon finding good cause if the request for an extension is received within the 15-day period provided for filing an appeal.

(b) Upon filing an appeal, the board of trustees may submit a response within 10 days of receiving all briefs or papers served by the aggrieved party and shall serve the aggrieved party with a response.

(c) The Commissioner shall render a determination on the appeal within 45 days of receipt of the board of trustees' response. If no response is filed, the determination shall be issued within 45 days of the date the board or trustees' response is due.

(d) The Commissioner's decision shall constitute a final agency decision appealable to the New Jersey Superior Court Appellate Division.

History

New Rule, R.2013 d.104, effective 8/19/2013.
See: 45 N.J.R. 8(a), 45 N.J.R. 1955(a).

Chapter 12 INTERDISTRICT PUBLIC SCHOOL CHOICE

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:12-1.1 Purpose

The purpose of this chapter is to establish the rules for the Interdistrict Public School Choice Program (choice program) as provided for at N.J.S.A. 18A:36B-14 et seq.

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
Amended N.J.S.A. citation.
Amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Rewrote the section.
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Substituted "Interdistrict Public School Choice Program" for "interdistrict public school choice program" and "that" for the first occurrence of "which" and updated the N.J.S.A. reference.

N.J. Admin. Code § 6A:12-1.2 Scope

(a) Any school district in the State established pursuant to Chapter 8 or Chapter 13 of Title ISA of the New Jersey Statutes is eligible to apply to become a choice district. A choice district may accept non-resident students into one or more schools or specialized educational programs in the choice district at the expense of the State.

(b) District boards of education may apply to participate in the choice program as choice districts and receive choice students pursuant to this chapter.

(c) District boards of education shall not maintain, at the same time, both a parent-paid tuition program, pursuant to N.J.S.A. 18A:38-3, and a choice program in the grade levels the school district has made available to choice students.

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
In (b), added "as choice districts" preceding "by receiving choice students" in the first sentence; and deleted (e) through (i).
Amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Rewrote (a); in (b), inserted "apply to" following "may choose to" in the first sentence, deleted the second sentence.
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
In (a), deleted the last sentence; and in (c), inserted "in the grade levels that the school district has made available to choice students".
Petition for Rulemaking.
See: 50 N.J.R. 917(a), 50 N.J.R. 1166(b).

N.J. Admin. Code § 6A:12-1.3 Definitions

The following words and terms shall have the following meanings, when used in this chapter, unless the context clearly indicates otherwise.

"Choice district" means a public school district established pursuant to Chapter 8 or Chapter 13 of Title ISA of the New Jersey Statutes that is authorized pursuant to the Interdistrict Public School Choice Program to open a specialized education program or school(s) to students from a sending district.

"Choice program" means the Interdistrict Public School Choice Program authorized at N.J.S.A. 18A:36B-14 et seq.

"Choice student" means an out-of-district student who is accepted into a choice district. Students who are received by the choice district through a send-receive relationship pursuant to N.J.S.A. 18A:38-8 et seq., shall not be considered choice students.

"Eligible sibling" means a student who has a sibling who is a choice student presently enrolled in and attending a choice district for the current school year and will continue to attend in the following school year. An eligible sibling may be given enrollment preference in the student application process.

"Nonpublic school student" means any student who is obtaining academic instruction outside of a public school at the time of the student's application to the choice district.

"Sending district" means the district of residence of a choice student or a prospective choice student.

"Specialized educational program" means a choice district program that uses student selection criteria for admission, in accordance with N.J.S.A. 18A:36B-20.b.

"Unfunded choice student" means a student who has been accepted by a choice district as a choice student outside of the timeline established pursuant to N.J.A.C. 6A: 12-3.2, and for whom the choice district is unable to receive choice funding in the current and/or subsequent school year due to the Department's choice enrollment collection cycle.

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
In "Choice program", amended N.J.S.A. citation and in "Sending district" inserted "choice" preceding "student's".
Amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Amended "Annual maximum statutorily established amount", "Choice district" and "Choice student".
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Deleted definition "Annual maximum statutorily established amount"; rewrote definitions "Choice district" and "Sending district"; in definition "Choice program", updated the N.J.S.A. reference; and added definition "Non-public school student".

Subchapter 2 CHOICE DISTRICT AND CHOICE STUDENT ELIGIBILITY CRITERIA

N.J. Admin. Code § 6A:12-2.1 Eligibility criteria for district boards of education

An eligible district board of education may participate in tine choice program if the school district has classroom space available, completes and submits an application form provided by the Department pursuant to N.J.S.A. 18A:36B-17 and this chapter, and receives approval from the Commissioner, or the Commissioner's designee, to participate.

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 New Jersey Register 3201(a), 32 New Jersey Register 4255(a).
Inserted "from the Commissioner" preceding "to participate".

N.J. Admin. Code § 6A:12-2.2 Eligibility criteria for students

(a) To be eligible to participate in the choice program, a student shall be enrolled at the time of application in preschool through grade 12 in a school of the sending district and shall have attended school in the sending district for at least one full academic year immediately preceding enrollment in a choice district, including time spent at any school that a student in a particular district of residence is required by law to attend.

If a student is enrolled in the district of residence, is counted in that school district's October Application for State School Aid, and moves during the school year and enrolls in a new district of residence for the remainder of the school year, the student shall have satisfied the one-year eligibility requirement for the school choice program.
The one-year requirement shall not apply to an eligible sibling applying to enroll in preschool or kindergarten in a choice district.
The one-year requirement shall not apply to a choice student currently enrolled in a choice district who reaches the terminal grade in the choice district and the student is applying to enroll in another choice district for secondary school.

(b) A public school student who does not meet the eligibility requirements at (a) above or a nonpublic school student may, nonetheless, apply pursuant to N.J.S.A. 18A:36B-20.a and N.J.A.C. N.J.A.C. 6A:12-3.3.

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
Designated existing paragraph as (a) and added (b).
Amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
In (a), inserted "public" following "grades K through 9 in a", in the introductory paragraph, added 1.
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
In the introductory paragraph of (a), substituted "preschool through 12" for "K through nine" and inserted "including time spent at any school that a student in a particular district of residence is required by law to attend"; in (a)1, inserted "one-year"; added (a)2 and new (b); and recodified former (b) as (c).

Subchapter 3 CHOICE STUDENT ADMISSIONS

N.J. Admin. Code § 6A:12-3.1 Choice district procedures for students meeting the eligibility requirements

(a) Choice districts shall admit choice students on a space-available basis.

A choice district may not impose admission criteria upon prospective choice students other than the admission criteria for a specialized educational program, pursuant to N.J.S.A. 18A:36B-20.b.
If a choice district receives more applications than spaces available, the choice district shall hold a public lottery to determine the selection of students for enrollment in the choice program.

i. The choice district shall notify the parent or guardian of every student who has submitted an application to participate in the choice program of the lottery's date and time.

ii. The choice district shall assign a number to each student participating in the lottery and shall notify the parent or guardian of the number assigned to their child(ren).

iii. Before conducting the lottery, the choice district may give enrollment preference to eligible siblings of choice students.

(1) If the choice district elects to give preference to eligible siblings of choice students and no spaces are available after granting permission to participate in the choice program to eligible siblings, the choice district shall conduct a lottery first for the eligible siblings only, to determine the selection of students for participation and placement on the waiting list.

(2) If the choice district elects to give preference to eligible siblings of choice students and no spaces are available after granting permission to participate in the choice program to eligible siblings, the choice district shall conduct a lottery for the remaining applicants to assign them a place on the waiting list.

iv. Before conducting the lottery, the choice district may give enrollment preference to resident students who moved out of the choice district and want to remain enrolled in the choice district as choice students.

(1) If the choice district elects to give enrollment preference to resident students who moved out of the choice district and want to remain enrolled in the choice district as choice students and no spaces are available, and the choice district elects to give preference to eligible siblings of choice students, the choice district shall conduct a lottery first for the eligible siblings, pursuant to (a)2iii above, and second for the resident students, pursuant to (a)2iv above, to determine the selection of students for participation and placement on the waiting list.

v. Before conducting the lottery, a choice district in a receiving relationship with a sending choice district may give enrollment preference to a choice student currently enrolled in its sending choice district who reaches the terminal grade and applies for secondary school in that receiving choice district.

(1) If the receiving choice district elects to give enrollment preference to a choice student, pursuant to (a)2v above, and no spaces are available, and the choice district elects to give preference to eligible siblings of choice students, the receiving choice district shall conduct a lottery first for the eligible siblings pursuant to (a)2iii above, and second for students eligible pursuant to (a)2iv and v above.

vi. The choice district shall develop a waiting list based on the lottery results.

History

Recodified from N.J.A.C. 6A:12-4.1 and amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Rewrote (a). Former N.J.A.C. 6A:12-3.1, Sending district procedures, recodified to N.J.A.C. 6A:12-4.1.
Repeal and New Rule, R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Section was "Choice program application procedures for a district board of education".

N.J. Admin. Code § 6A:12-3.2 Choice student application procedures

(a) The Commissioner, or the Commissioner's designee, shall establish a student application timeline each year no later than September 1. The timeline shall include the dates for the student application deadline, the lottery pursuant to N.J.A.C. 6A:12-3.1(a)2, and (b), (c), and (d) below.

(b) The choice district shall send a notice of acceptance, rejection, or placement on the waitlist to the parent or guardian of every student who submitted a choice application by the deadline established pursuant to (a) above. Applicants who are accepted to enroll in the choice district shall send notice of their intent to enroll to the choice district.

(c) The choice district shall provide to the Department electronic notification of the number of choice students who send notice of their intent to enroll.

(d) The choice district shall provide to each sending district written notification of each notice of intent to enroll received from a choice student who is a resident of the sending district.

(e) A choice student applicant may apply to the Commissioner, or the Commissioner's designee, by showing good cause for a waiver of the student application deadlines in the timeline at (a) above.

If the student receives a waiver of the student application deadline and the choice district is unable to receive funding for the student as a choice student for the current and/or subsequent school year, the choice district may enroll the student as an unfunded choice student in the corresponding year and automatically convert the student's enrollment to a funded choice student if the student remains in the choice program.

History

Recodified from N.J.A.C. 6A:12-4.2 and amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Rewrote the introductory paragraph in (a). Former N.J.A.C. 6A:12-3.2, Sending district procedures, recodified to N.J.A.C. 6A:12-4.2.
Repealed by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Section was "Criteria to guide the Commissioner's approval of choice program applications".

N.J. Admin. Code § 6A:12-3.3 Choice district procedures for students not meeting eligibility requirements

(a) If seats remain available in a choice district after exhausting the list of applicants who meet the requirements at N.J.A.C. 6A:12-2.2(a), including applicants on any waiting list established through the application process, the choice district may fill the seats with public school students who do not meet the requirements at N.J.A.C. 6A:12-2.2(a), and with nonpublic school students.

(b) Choice districts may accept applications from public school students who do not meet the requirements at N.J.A.C. 6A:12-2.2(a) and/or nonpublic school students until the deadline established by the Commissioner, or the Commissioner's designee, pursuant to N.J.A.C. 6A:12-3.2(a).

(c) Upon the receipt of an application from a public school student who does not meet the requirements at N.J.A.C. 6A:12-2.2(a) or a nonpublic school student, the choice district shall send to the student's parent or guardian, a letter that includes the following information:

Whether the choice district will consider public school students who do not meet the requirements at N.J.A.C. 5A:12-2.2(a) and nonpublic school students for admission to the choice district. If the choice district has not yet decided, it shall inform the parents of when the decision is expected to be made;
Public school students who do not meet the requirements at N.J.A.C. 6A:12-2.2(a) and nonpublic school students shall not be considered for admission until the choice district has conducted the application cycle and has exhausted its waiting list of students who meet the requirements at N.J.A.C. 6A:12-2.2(a) for the grade level to which they have applied;
The choice district may need to conduct a lottery to select the students to be offered admission to the choice district depending on the seats available and the number of applications received from public school students who do not meet the requirements at N.J.A.C. 6A: 12-2.2(a) and/or nonpublic school students; and
The choice district shall fully inform the parents of public school students who do not meet the requirements at N.J.A.C. 6A:12-2.2(a) and nonpublic school students of the lottery process in the event the choice district conducts a lottery, the date it will be held, and what number has been assigned to the applicant.

History

Amended and recodified from N.J.A.C. 6A:12-4.4 by 56 N.J.R. 1970(c), effective 10/7/2024

N.J. Admin. Code § 6A:12-3.4 Sending district restrictions on student participation In the choice program

(a) The district board of education of a sending district may seek to limit the number of students participating in the choice program to a maximum of 10 percent of the number of students per grade level per year and 15 percent of the total number of students enrolled in the sending district, based on the Application for State School Aid of the year prior to the first student participating in the choice program, pursuant to N.J.S.A. 18A:36B-21.a. The district board of education of a sending district seeking to limit student participation in the choice program shall submit to the Commissioner, or the Commissioner's designee, the following documents:

A resolution adopted by the district board of education specifying the limit on the number of students enrolled in the school district who may participate in the choice program; and

Supportive documentation that may include, but is not limited to, evidence of the choice program's impact on the following:

i. The sending district's student enrollment;

ii. The sending district's student achievement;

iii. The diversity of the sending district's student population;

iv. The number or quality of programs, course offerings, or classes the sending district offers;

v. The number or quality of the services the sending district provides;

vi. The sending district's operations; and

vii. The sending district's fiscal conditions.

(b) In determining whether to grant approval of a sending district's limiting resolution, the Commissioner, or the Commissioner's designee, shall evaluate the documentation submitted pursuant to (a) above and determine, pursuant to N.J.S.A. 18A:36B-21, if the sending district has demonstrated that the limiting resolution:

Is in the best interest of the sending district's students;

Will not adversely affect the school district's programs, services, operations, or fiscal conditions; and
Will not adversely affect or limit the diversity of the remainder of the sending district's student population who do not participate In the choice program.

(c) If a sending district has received approval from the Commissioner, or the Commissioner's designee, to impose a limit on the number of Its students participating in the choice program, the sending district shall use this limit every year unless there is an increase of its student enrollment beyond the enrollment count used to calculate the limiting resolution pursuant to (a)l above.

If there is an increase of the choice district's student enrollment beyond the enrollment count used to calculate the limiting resolution pursuant to (a)l above, the sending district shall apply the choice program enrollment restriction percentages contained in the approved resolution to the enrollment counts as reported on the Application for State School Aid in October preceding the school year during which the restriction on enrollment will be applicable.

If the notices of student intention to participate in the choice program exceed the established limit pursuant to this section, the sending district shall:

i. Hold a public lottery to determine the selection of students for participation in the choice program;

ii. Notify the parent or guardian of every student who has submitted notice of intent to participate in the choice program of the date and time of the lottery;

iii. Assign a number to each student participating in the lottery and notify the parent or guardian of the number assigned to their child(ren); and

iv. Develop a waiting list based on the lottery.

(d) If a sending district has received approval from the Commissioner, or the Commissioner's designee, to impose a limit on the number of students participating in the choice program and the notices of student intention to participate in the choice program exceed the established limit, before conducting the lottery, the sending district may give preference to eligible siblings. If the choice district elects to give enrollment preference to eligible siblings of choice students, the sending district also shall give preference to eligible siblings. This provision shall apply only to choice students and eligible siblings who would be attending the same choice district or two choice districts that are in a send-receive relationship.

If there are more eligible sibling applicants than available spaces, the sending district shall conduct a lottery first for the eligible siblings only to determine the selection of students for participation and for placement on the waiting list.
If there are no spaces available after granting permission to participate in the choice program to eligible siblings, the sending district shall conduct a lottery for the remaining eligible sibling applicants to assign them a place on the waiting list.

(e) Prior to any lottery held according to this section, the sending district shall verify that the student is enrolled in the sending district and was reported on the Application for State School Aid in October of the current school year.

(f) Prior to any lottery that may be held according to this section, the sending district shall notify the applicants of the date and time of such lottery.

(g) The sending district shall conduct any lottery held pursuant to this section prior to the deadline established by the Commissioner, or the Commissioner's designee, for written notification to the parent or guardian regarding the student's eligibility to participate in the choice program.

History

Amended and recodified from N.J.A.C. 6A:12-4.1 by 56 N.J.R. 1970(c), effective 10/7/2024

Subchapter 4 CHOICE STUDENT POST-ENROLLMENT POLICIES

N.J. Admin. Code § 6A:12-4.1 Choice student post-enrollment

(a) Once enrolled in a choice district, the choice student may remain enrolled and shall not be required to submit annual or periodic applications.

(b) A choice district shall retain an accepted choice student until the choice district's terminal grade or the choice student voluntarily withdraws.

(c) If the choice program is terminated in a choice district or Statewide, any choice student enrolled in the choice district shall be entitled to remain enrolled until the school district's terminal grade.

(d) A public school student who is currently a choice student attending school in a choice district and who moves to another school district shall be eligible to remain in the choice district as a choice student without application until the terminal grade offered by the choice district.

(e) A resident student of a choice district who attends a specialized educational program and/or grade that has been approved for choice students and who moves during the school year may choose to remain in the choice district until the end of the school year as an unfunded choice student. The student may apply to the choice program as a funded choice student for the next school year. If the student moves after the application deadline and the choice district is unable to receive funding for the student as a choice student for the subsequent school year, the choice district may enroll the student as an unfunded choice student in that year, and automatically convert the student's enrollment to a funded choice student if the student remains in the choice program.

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:12-3.1 and amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Rewrote the section. Former N.J.A.C. 6A:12-4.1, Choice program application procedures for a district board of education, recodified to N.J.A.C. 6A:12-3.1.
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).

N.J. Admin. Code § 6A:12-4.2 Recodified

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
In (a), substituted "quality and variety" for "type and quality" in 1, rewrote 2 and 8, and inserted "in the district" in 7.
Recodified from N.J.A.C. 6A:12-3.2 and amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Rewrote the section. Former N.J.A.C. 6A:12-4.2, Criteria to guide the Commissioner's approval of choice program applications, recodified to N.J.A.C. 6A:12-3.2.
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Section was "Choice district procedures". Rewrote the section.

N.J. Admin. Code § 6A:12-4.3 Recodified

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
Rewrote the section.
Amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).

N.J. Admin. Code § 6A:12-4.4 Recodified

History

New Rule, R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).

Subchapter 5 ADMINISTRATIVE RESPONSIBILITIES OF CHOICE DISTRICTS

N.J. Admin. Code § 6A:12-5.1 General provisions

(a) Choice districts shall accept all credits toward graduation awarded by another district board of education for each accepted choice student.

Choice districts shall award a diploma to a choice student who meets the graduation requirements of the choice district and of the State of New Jersey.

(b) A choice district shall establish and maintain a parent information center, in accordance with N.J.S.A. 18A:36B-23.

(c) At the end of each student application cycle, a choice district shall file with the Department reports that include demographic and student participation information, fiscal and programmatic information, and updates on the number of available openings.

History

Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
In (b), deleted ", except as limited by N.J.A.C. 6A:12-4.3(f)1 and 2" from the end; and added (d) and (e).

N.J. Admin. Code § 6A:12-5.2 Reserved

History

Repealed by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Section was "Choice student transfer".

Subchapter 6 TRANSPORTATION

N.J. Admin. Code § 6A:12-6.1 Student transportation

Each sending district shall be responsible for the transportation or aid in lieu of transportation of enrolled choice students who are eligible for transportation services both to and from the choice school in which the student is accepted, in accordance with N.J.S.A. 18A:36B-22 and N.J.A.C. 6A:27-4.

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
In (a)1, deleted "the record which consists of" preceding "all documents".
Amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
In (a), amended the N.J.A.C. reference in the introductory paragraph and deleted 1.
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Deleted designation (a) and deleted "with a State Board of Education" following "applicant".

Subchapter 7 FUNDING

N.J. Admin. Code § 6A:12-7.1 General provisions

(a) Choice students participating in this program shall qualify for State aid pursuant to N.J.S.A. 18A:36B-14 et seq. The sending district will receive transportation aid pursuant to N.J.A.C. 6A:12-6.1.

(b) The sending district shall maintain fiscal responsibility for any choice student enrolled in, or determined to require, a private day or residential school, except the choice district will be required to contribute any State aid received for the student and the sending district will be responsible for the balance.

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
In (a), inserted "all" preceding "credits"; rewrote (c); and in (d) substituted "information" for "assistance" preceding "center" in the introductory paragraph.
Amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
In (b), added a new 2 and recodified former 2 through 4 as 3 through 5; deleted former (c) and recodified former (d) as (c); added a new (d).
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Rewrote (a)1; deleted former (b); recodified (c) and (d) as (b) and (c); and rewrote (b)1 and (b)2.

Subchapter 8 Recodified

N.J. Admin. Code § 6A:12-8.1 Recodified

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
Rewrote the section.
Amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Deleted the paragraph identifier and amended the N.J.S.A. and N.J.A.C. references.
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Substituted "sending" for "choice" twice.

Subchapter 9 Recodified

N.J. Admin. Code § 6A:12-9.1 Recodified

History

Amended by R.2000 d.477, effective 12/4/2000.
See: 32 N.J.R. 3201(a), 32 N.J.R. 4255(a).
In (a), changed N.J.S.A. reference; and in (b), inserted "choice" preceding "student enrolled in".
Amended by R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Rewrote the section.

Chapter 13 PROGRAMS AND PRACTICES TO SUPPORT STUDENT ACHIEVEMENT

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:13-1.1 Purpose and applicability of rules

(a) These rules are promulgated pursuant to the School Funding Reform Act, P.L. 2007, c. 260, to ensure that all students receive the educational entitlements guaranteed them by the New Jersey Constitution. These rules shall ensure that all districts provide students with a rigorous curriculum that is based on the New Jersey Student Learning Standards; that relies on the use of State assessments to improve instruction; and that is supported by a professional development plan for teachers and school leaders. In addition, secondary school districts shall provide students with an academically rigorous personalized environment to prepare them for post-secondary education and/or careers after graduation. These rules also address class size in high poverty school districts and focus on improving instruction in literacy and mathematics in high need school districts.

(b) These rules shall supercede the rules in N.J.A.C. 6A:10 and 6A:10A where inconsistencies occur.

History

Amended by R.2009 d.393, effective 12/21/2009.
See: 41 N.J.R. 1926(a), 41 N.J.R. 4701(b).
In (a), inserted "secondary".
Administrative change.
See: 48 N.J.R. 1802(a).

Subchapter 2 STANDARDS-BASED INSTRUCTIONAL PRIORITIES

N.J. Admin. Code § 6A:13-2.1 Standards-based instruction

(a) All school districts shall implement a coherent curriculum for all students, including English language learners (ELLs), gifted and talented students and students with disabilities, that is content-rich and aligned to the most recent revision of the New Jersey Student Learning Standards (NJSLS). The curriculum shall guide instruction to ensure that every student masters the NJSLS. Instruction shall be designed to engage all students and modified based on student performance. Such curriculum shall include:

Interdisciplinary connections throughout;
Integration of 21st century skills;
A pacing guide;
A list of instructional materials, including various levels of text at each grade;
Benchmark assessments; and
Modifications for special education students, for English language learners in accordance with N.J.A.C. 6A:15 and for gifted students.

(b) All schools and school districts shall develop and implement professional development plans for teachers aligned with the requirements and the Professional Development Standards set forth at N.J.A.C. 6A:9. Professional development activities shall:

Improve teachers' understanding of the content and pedagogy related to their teaching assignment;
Promote individual and collaborative professional learning with adequate and consistent time for teachers, including English as a second language, gifted and talented, bilingual and special education teachers, to work together in and across content areas and grade levels to review student work, analyze classroom assessments and other achievement data, critique lesson plans, and solve instructional problems;
Include evaluation and analysis of professional development results in order to improve professional development by reviewing the following:

i. Student test scores, work products and attitudinal measures;

ii. Progress made in achieving professional development goals;

iii. Staff feedback on the effectiveness of professional learning activities and Professional Development Plans; and

iv. Analysis of the costs associated with professional development opportunities in relation to the impact on student achievement and district goals;

Include ongoing analysis by administrators and teachers regarding the effectiveness of implementation of professional development initiatives; and

Include school district support through policies and adequate resources.

(c) All school leaders shall develop and implement a professional growth plan aligned with the requirements and the Professional Development Standards set forth at N.J.A.C. 6A:9.

(d) All schools and school districts shall collect and analyze student achievement data by subgroups (such as economically disadvantaged, race and ethnicity, students with disabilities, English language learners) and make educational decisions based on such data.

The school district shall transmit required student, faculty, school and school district data to New Jersey Standards Measurement and Resources for Teaching (NJ SMART), the New Jersey Department of Education's data warehouse, on a schedule and in a form specified by the Department.
The schools and school district shall use NJ SMART and its data query resources to track student progress year-to-year and school-to-school and to identify continuously enrolled students by school and school district.
The school district shall ensure that teachers, school administrators and central office supervisors receive training in NJ SMART and its data query resources.
The schools and school district shall analyze assessments of student progress in relation to curricular benchmarks and the results of State and non-State year-end tests reported by subgroups (such as economically-disadvantaged, race and ethnicity, students with disabilities and English language learners).
The school district central office shall prepare data on comparative performance for all schools in the district and make them available to the schools. This analysis shall include the following comparisons using State assessment data:

i. Each grade level across all schools within the district;

ii. Schools within the district;

iii. Comparable districts by district factor groups; and

iv. Data with State averages.

(e) All school districts shall ensure that a free appropriate public education is available to all students with disabilities according to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400 et seq., and N.J.A.C. 6A:14.

(f) All school districts shall provide English language learners with instructional services pursuant to N.J.A.C. 6A:15.

(g) All school districts shall provide gifted and talented students with appropriate instructional services pursuant to N.J.A.C. 6A:8-3.1.

(h) All school districts shall provide library-media services that are connected to classroom studies in each school building, including access to computers, district-approved instructional software, appropriate books including novels, anthologies and other reference materials, and supplemental materials that motivate students to read in and out of school and to conduct research. Each school district shall provide these library-media services under the direction of a certified school library media specialist.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:13-2.2 Secondary education initiatives

(a) The secondary education initiatives in this section shall apply to all secondary school districts, which shall be defined as school districts that include students in at least two of the grades from six through 12. Where applicable, secondary school districts shall collaborate with sending and receiving districts to implement the secondary education initiatives in this section.

(b) All secondary school districts shall develop a plan in 2008-2009 for implementing the secondary education initiatives specified in (c) through (e) below by the 2009-2010 school year, except that secondary school districts previously subject to N.J.A.C. 6A:10 and 6A:10A shall immediately comply with the secondary education initiatives specified in this section.

(c) Secondary school districts shall have a school-level planning team to guide the development and implementation of the secondary education reforms described in this section. A representative group of teachers and administrators shall determine team membership and operating procedures.

(d) Secondary school districts shall provide instructional services, professional development and other support to assist secondary schools with the implementation of the secondary education initiatives specified in this section.

(e) Secondary school districts shall create personalized learning environments that strengthen relationships among students, teachers, staff members, families and the larger community for students in grades six through 12. These may include:

Small learning communities in free-standing facilities or within larger facilities;
Ninth grade academies where freshman students remain together and are provided with a supportive environment to enhance their successful transition to high school;
Student support systems where students are assigned an adult mentor or team of adults who know(s) them and can support student efforts in achieving goals and solving problems;
Academies with a career focus;
Multi-grade academies where students at various grade levels may remain with a core group of teachers for multiple years in an academy-type format which may be organized around a particular theme and involve interdisciplinary teaming; or
Other practices for personalizing learning environments that strengthen relationships among students, teachers, staff members, families and the larger community.

(f) All secondary school districts shall implement academic coursework aligned to N.J.A.C. 6A:8-5.1 that prepares all students for success in postsecondary education and/or careers after graduation, including the development of academic skills integral to success in rigorous high school courses. Beginning in 2008-2009, all students entering grade nine shall complete by the end of their high school education, at a minimum, coursework in language arts literacy, mathematics and science. These shall include college level preparatory English I, II, III and IV, Algebra I, Lab Biology or the equivalent content taught in an integrated or career-based format, and other coursework as specified in N.J.A.C. 6A:8 . All required courses shall:

Be developed, reviewed, evaluated and revised by a broad cross-section of teachers, content supervisors and principals;
Satisfy the New Jersey Student Learning Standards and indicators in each content area according to the graduation requirements in N.J.A.C. 6A:8-5.1; and
Be aligned to the district curriculum which identifies the purpose of instruction, including the essential content to be mastered in each course with interim benchmarks and assessments and final assessments.

(g) Secondary school districts that administer the high school State assessment and in which 10 percent or more of their students satisfy high school graduation requirements through the Special Review Assessment (SRA) shall submit to the Department of Education by November 15 of the subsequent school year, an analysis of all students who graduated by means of the SRA in the previous school year. The analysis shall include:

The names of high school courses and grades achieved for SRA students in language arts literacy, mathematics and science;

The attendance records for SRA students for each year of high school;

Review of the High School Proficiency Assessment (HSPA) and corresponding Grade Eight Proficiency Assessment (GEPA)/New Jersey Assessment of Skills and Knowledge 8 (NJ ASK 8) scores attained by students;

Review of whether SRA students were taught by appropriately certified staff in English, mathematics and science in grades nine through 12; and
Development of a plan for increasing the proportion of students graduating by means of the State high school assessment based on data.

(h) The Commissioner shall continue to consult with an advisory committee composed of educators with experience and knowledge in secondary education to guide the implementation of secondary education reform.

History

Administrative Change, 48 N.J.R. 1802(a).

Subchapter 3 PROGRAMS AND SERVICES FOR STUDENTS IN HIGH POVERTY AND IN HIGH NEED SCHOOL DISTRICTS

N.J. Admin. Code § 6A:13-3.1 Class size in high poverty districts

(a) A high poverty school district as used in this chapter means a district in which 40 percent or more of the students are "at risk" as defined in P.L. 2007, c. 260.

(b) Class size in school districts in which 40 percent or more of the students are "at-risk" as defined in P.L. 2007, c. 260 shall not exceed 21 students in grades kindergarten through three, 23 in grades four and five and 24 students in grades six through 12; provided that if the district chooses to maintain lower class sizes in grades kindergarten through three, class sizes in grades four and five may equal but not exceed 25. Exceptions to these class sizes are permitted for some physical education and performing arts classes, where appropriate.

(c) School districts previously subject to N.J.A.C. 6A:10A and 6A:10 shall implement the class size requirements set forth in this section during the 2008-2009 school year and all other school districts to which this section applies shall plan to implement the class size requirements beginning in the 2009-2010 school year and implement in the 2010-2011 school year.

History

Amended by R.2009 d.393, effective 12/21/2009.
See: 41 N.J.R. 1926(a), 41 N.J.R. 4701(b).
Added (a); recodified former (a) and (b) as (b) and (c); and in (c), inserted "plan to" and "and implement in the 2010-2011 school year".

N.J. Admin. Code § 6A:13-3.2 Full day kindergarten requirements

School districts in which 40 percent or more of the students are "at-risk" as defined in P.L. 2007, c. 260 shall maintain all existing full-day kindergarten programs with a teacher's aide for each classroom. Class size for these kindergarten classrooms shall not exceed 21 students. High poverty school districts that did not have full-day kindergarten with a teacher's aide and a class size of 21 students in 2008-2009 shall fully implement this requirement in 2010-2011.

History

Amended by R.2009 d.393, effective 12/21/2009.
See: 41 N.J.R. 1926(a), 41 N.J.R. 4701(b).
Substituted the first occurrence of "full-day" for "full day" and inserted the last sentence.

N.J. Admin. Code § 6A:13-3.3 Definition of high need school districts and implementation timeline

(a) A high need school district is defined as a school district in which 40 percent or more of the students are "at-risk" as defined in P.L. 2007, c. 260 and is at one or more of the following proficiency levels on State assessments:

Less than 85 percent of total students have achieved proficiency in language arts literacy on the New Jersey Assessment of Skills and Knowledge (NJ ASK) 3;
Less than 80 percent of total students have achieved proficiency in language arts literacy on the NJ ASK 8;
Less than 80 percent of total students have achieved proficiency in language arts literacy on the HSPA;
Less than 85 percent of total students have achieved proficiency in mathematics on the NJ ASK 4;
Less than 80 percent of total students have achieved proficiency in mathematics on the NJ ASK 8; and/or
Less than 80 percent of total students have achieved proficiency in mathematics on the high school State assessment.

(b) On an annual basis, beginning in 2008, the Department of Education shall identify the list of high need school districts based on the State assessments results, and shall promptly notify the districts that are classified as high need. Except as required by (c) below, in the first school year immediately following identification as a high need district, such districts shall begin planning for implementation of, and shall implement where possible, the designated program(s) (language arts and/or math literacy) as required below. In the subsequent year following identification as a high need district, such districts shall fully implement the designated program(s). High need school districts, once identified, shall remain in that status and shall continue to implement the designated program(s) for a minimum of three years.

(c) High need school districts previously subject to N.J.A.C. 6A:10A and 6A:10 shall implement the language arts literacy programs and services required by this subchapter during the 2008-2009 school year.

N.J. Admin. Code § 6A:13-3.4 Language arts literacy

(a) Intensive early literacy for grades preschool through three. High need school districts where less than 85 percent of total students have achieved proficiency in language arts literacy on the New Jersey Assessment of Skills and Knowledge (NJ ASK) 3 shall provide an intensive early literacy program for preschool to grade three to ensure that all students achieve proficiency on the New Jersey Student Learning Standards. The intensive early literacy program shall include the following components:

An emphasis on small group instruction in at least reading, writing and technology;
A comprehensive early literacy assessment program that includes:

i. Assessment of English language learners (ELLs) in accordance with N.J.A.C. 6A:15-1.3;

ii. A reading measure used minimally at the beginning of grades kindergarten through three to determine the reading skills and strategies students have mastered;

iii. On-going performance-based assessments;

iv. A comprehensive diagnostic assessment of individual students who are exhibiting persistent difficulty in reading following a sustained period of targeted instruction; and

v. An annual end-of-year achievement assessment of reading with a norm-referenced and/or criterion referenced test in grades one and two;

At least a daily 90-minute, uninterrupted language arts literacy block in grades kindergarten through three with guidance in the use of that time that may include the following instructional strategies:

i. Use of a reading measure to differentiate student needs;

ii. Small group instruction;

iii. Direct instruction;

iv. Guided reading; and

v. Shared reading;

Instructional materials that include concepts and themes from other content areas;

Professional development opportunities for teachers that focus on the elements of intensive early literacy, ways to assist students who exhibit persistent difficulty in reading, or other related topics that have been identified by these teachers as professional development needs and are reflected in the school and school district professional development plans pursuant to N.J.A.C. 6A:9-15;
Consistent and adequate opportunities for teachers to discuss and analyze student work, interim progress measures and assessment results, and to plan any modifications in grouping and/or instruction that may be indicated, consistent with this section;
A classroom library that reflects the diversity and needs of all students and includes assistive technology;
Use of a highly skilled literacy coach or certified teacher to coordinate professional development and collaboration based on the school and school district professional development plan, if documented as necessary to increase achievement of early literacy; and
Methods to involve parents and family members in student learning.

(b) Intensive literacy for grades four through eight. High need school districts where less than 80 percent of total students have achieved proficiency in language arts literacy on the NJ ASK 8 shall implement an intensive literacy program for grades four through eight that includes the following components:

A comprehensive literacy assessment for grades four through eight as part of the school district's curriculum to measure individual and group progress indicated below:

i. Benchmark analysis that gauges students' performance and is used to assist school staff in determining skills that students still need to attain; and

ii. Assessment of English language learners (ELLs) pursuant to N.J.A.C. 6A:15-1.3;

Emphasis on small group instruction with scheduling of double periods, including appropriate classroom materials for small group instruction with evidence-based interventions and additional time for students who are not proficient in language arts literacy;
Professional development opportunities for teachers and administrators that are based on effective instructional practices including:

i. Enhancing knowledge of the language arts literacy content and pedagogy to engage all students; and

ii. Learning how and having opportunities to analyze student work and assessment results in a collaborative setting; and

Involving parents and family members in student learning.

(c) Language arts literacy for students in grades nine through 12. High need school districts where less than 80 percent of total students have achieved proficiency in language arts literacy on the high school State assessment shall implement a language arts literacy program aligned with college preparatory English I, II, III and IV for grades nine through 12 that incorporates the elements in (b) above with the exception of providing a double period for language arts literacy.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:13-3.5 Mathematics

(a) Mathematics instruction throughout the elementary and middle schools should be designed to prepare all students for rigorous mathematics at the high school level.

(b) Math literacy for students in grades three through four. High need school districts in which less than 85 percent of total students have achieved proficiency in mathematics on the New Jersey Assessment of Skills and Knowledge (NJ ASK) 4 shall implement a comprehensive program for mathematics education that prepares students in grades three through four for success in higher order mathematics and that includes the following components:

A curriculum that simultaneously develops conceptual understanding, computational fluency and problem solving skills, with meaningful instruction and a focus on critical mathematics skills as part of a successful learning experience;
Mathematical reasoning that occurs in contextual learning;
An emphasis on communicating mathematics concepts both verbally and in writing;
The use of frequent questions and opportunities for class discussion in addition to the math textbook activities to improve student problem solving ability;
Professional development in both mathematics content and in the elements of mathematics pedagogy specified in this section, related to the appropriate grade and based on individual professional needs, pursuant to N.J.A.C. 6A:9-15;
Use of appropriate instructional materials, technology and manipulatives, aligned with the NJSLS in mathematics, that lead students through concrete, symbolic and abstract mathematical thinking;
Multiple assessments and benchmarks, including use of formative assessments;
Differentiated instruction;
Explicit mathematics instruction for struggling students to ensure that these students possess the foundational skills and conceptual knowledge necessary for understanding the mathematics they are learning at their grade level; and
Methods to involve parents and family members in student learning.

(c) Math literacy for students in grades five through eight. High need school districts where less than 80 percent of total students have not achieved proficiency in mathematics on the NJ ASK 8 shall implement a comprehensive program for mathematics education that prepares all students in grades five through eight for success in Algebra at the high school level and that incorporates the elements in (b) above.

(d) Math literacy for students in grades nine through 12. High need school districts where 80 percent or more of total students have not achieved proficiency in mathematics on the high school State assessment shall implement a comprehensive program for mathematics education for grades nine through 12 which incorporates the elements in (b) above and that is aligned to course expectations as required to meet graduation requirements.

History

Administrative Change, 48 N.J.R. 1802(a).

Chapter 13A ELEMENTS OF HIGH QUALITY PRESCHOOL PROGRAMS

Subchapter 1 GENEAL PROVISIONS

N.J. Admin. Code § 6A:13A-1.1 Purpose and applicability of rules

(a) State-funded preschool programs in each school district shall include the elements established in this chapter as essential for the implementation of a high-quality preschool program as a condition of receipt of Preschool Education Aid, which shall include, but not be limited to, all positions, supports, services, materials, and supplies. The school district shall ensure that preschool programs offered in-district and by contracted private providers and local Head Start agencies receiving preschool funding meet all applicable requirements.

(b) The purpose of this chapter is to implement high-quality preschool programs pursuant to P.L. 2007, c. 260.

(c) The district board of education shall ensure the inclusion of preschool children with disabilities in general education settings to the maximum extent possible, as set forth at N.J.A.C. 6A:14-4.2(a)1.

History

Amended by 54 N.J.R. 1595(b), effective 8/15/2022

N.J. Admin. Code § 6A:13A-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise:

"Above-scale meal" means a meal served to a child whose household exceeds the eligibility criteria for either free or reduced-price meals, pursuant to the definition in this section.

"Age-eligible" means a child who turns three or four years old by the enrollment date determined by the district board of education pursuant to N.J.S.A. 18A:38-5 and 6 and 18A:44-1.

"At-risk children" means children who meet the income-eligibility criteria at N.J.S.A. 18A:7F-45.

"Child and Adult Care Food Program" or "CACFP" means the Federally assisted meal program operated in regulated childcare settings.

"Classroom-quality assessment instrument" means a Department-approved, reliable, and valid tool with a set of criteria and a rubric for scoring used to evaluate components of classroom quality ranging from the nature of teacher-child interactions to the availability of materials and activities that support early learning and development.

"Community and parent involvement specialist" or "CPIS" means a position to coordinate family/school partnerships for the preschool program.

"Comprehensive curriculum" means a preschool curriculum that addresses all domains of learning and is aligned to the New Jersey Preschool Teaching and Learning Standards of Quality. The comprehensive curriculum is articulated in the Department-approved three-year preschool program plan and is implemented within the school day.

"Comprehensive preschool educational program" means the delivery of the school district's comprehensive curriculum articulated in the Department-approved three-year preschool program plan that occurs within the school day and that provides the comparable teacher/child contact time in contracted private provider and local Head Start agencies as is provided in-district.

"Consultation model" means an approach for specialists from various disciplines to guide classroom teachers in the use of enhanced methods and strategies for working with children.

"Department" means the New Jersey Department of Education.

"Districtwide" means the school district's entire preschool program as implemented across all in-district, contracted private provider, and local Head Start agency settings.

"Early childhood advisory council" or "ECAC" means an advisory group of community stakeholders interested in the education and welfare of children in preschool through grade three that is convened by the school district.

"Early Childhood Program Aid" or "ECPA" means State aid that was authorized pursuant to repealed N.J.S.A. 18A:7F-16, and was distributed to all school districts with high concentrations of low-income students for the purpose of providing preschool, full-day kindergarten, and other early childhood programs and services.

"Early Launch to Learning Initiative" or "ELLI" means competitive awards offered by the Department from 2005-2006 through the 2008-2009 school year to certain school districts.

"Family worker" means a person who promotes preschool student learning and development and supports the needs and well-being of preschool students' families to ensure the families' well-being and to promote the students' learning and development.

"Fiscal specialist" means a district board of education position for managing the financial aspects of the school district's contractual obligations with contracted private providers and local Head Start agencies.

"Free and/or reduced-price meal" means a meal served under the National School Breakfast or Lunch Program to a child from a household eligible for such benefits under the U.S. Department of Agriculture, Food and Nutrition Service guidelines, pursuant to the eligibility criteria found at 42 U.S.C. §§ 1771 et seq., and §§ 1751 et seq., and the pricing guidelines found at 7 CFR Part 245.

"Full-day preschool" means a preschool program consisting of a six-hour comprehensive educational program and day in accordance with the school district's grade-one-through-12 daily school calendar and not exceeding the 10-month academic period.

"Grow NJ Kids" means the State's rating and improvement system designed to assess site-based childcare and early learning programs, provide training and incentives to improve the programs, and communicate the programs' level of quality to the public.

"Head Start" means a Federally funded national program that promotes school readiness by enhancing the social and cognitive development of children through the provision of educational, health, nutritional, social, and other services to enrolled children and families.

"Improvement plans" means the school district's plans for improvement in areas of relative weakness within its preschool programs as identified through the self-assessment and validation system.

"In-district" means the portion of a school district's preschool program staffed by district board of education employees as opposed to a contracted private provider or local Head Start agency.

"Kindergarten entry assessment" or "KEA" means a comprehensive measurement of children's knowledge, skills, and behaviors at the beginning of kindergarten.

"Limited review examination" means an examination limited in scope to a review of specific financial statement items or particular risk areas.

"Multilingual learner" or "ML" means a child whose home language is not English or who primarily speaks a language other than English in the home.

"National School Breakfast Program" means the Federally assisted meal program operated in public and private nonprofit schools administered by the U.S. Department of Agriculture, Food and Nutrition Service pursuant to 42 U.S.C. §§ 1771 et seq.

"National School Lunch Program" means the Federally assisted meal program operated in public and private nonprofit schools administered by the U.S. Department of Agriculture, Food and Nutrition Service pursuant to 42 U.S.C. § 1751.

"New Jersey Preschool Program Implementation Guidelines" means a Department document available at http://www.nj.gov/education/earlychildhood/preschool/docs/PSImplementationGuidelines.pdf that provides guidance to school districts, contracted private providers, and local Head Start agencies in planning and implementing high-quality preschool programs for age-eligible children.

"New Jersey Preschool Teaching and Learning Standards of Quality" or "Preschool Standards" means the early learning standards and corresponding teaching practices as adopted by the State Board of Education and located at http://www.nj.gov/education/earlychildhood/preschool/docs/PreschoolTeachingandLearningStandards.pdf.

"Newly contracted classroom" means any private provider or local Head Start agency classroom approved by the Department to serve preschool students in the upcoming school year that was not under contract in the prior school year.

"One-Year Preschool Operational Plan" means the one-year operational plan that school districts that received ECPA in 2007-2008 may annually submit to the Department by November 15 to request approval to expand their preschool programs in the following school year.

"Performance-based assessment" means an ongoing assessment of all learning outcomes in each domain identified in the Preschool Standards. The performance-based assessment is tailored to the school district's preschool curriculum and designed to measure individual preschool children's progress.

"Preschool Education Aid" means State aid provided to district boards of education to implement preschool programs for age-eligible general education students.

"Preschool Expansion Aid" means the category of State funding used during the 2001-2002 through 20072008 budget years to increase the approved preschool costs for the projected expansion of preschool programs in former Abbott school districts, as defined in the annual Appropriations Act. For any school district that received initial Abbott status after 2001-2002, the increase in approved budgeted cost was based on the year Abbott status was obtained.

"Preschool instructional coach" means a position for modeling, coaching, observing, and providing feedback to teaching staff in preschool programs using the reflective cycle.

"Preschool intervention and referral specialist" or "PIRS" means a coach working within a consultation model to help maximize the general education preschool teacher's ability to support all students who exhibit challenging behaviors, learning difficulties, or other social difficulties, and to decrease the number of referrals to special education.

"Preschool Professional Development Fellow status" means the preschool instructional coach's successful completion of the Department's preschool instructional coach training course.

"Preschool program contract" means the State-approved model agreement, with modifications requested by the school district and approved by the Department, for use between the school district and contracted private providers and/or local Head Start agency when contracting for preschool program services.

"Preschool programmatic budget" means the annual budget for eligible three- and four-year-old children prepared by the school district with guidance from the Department including, where applicable, the budgets of contracting private providers or local Head Start agencies.

"Private provider" means a childcare center licensed by the Department of Children and Families pursuant to N.J.S.A. 30:5B-1 et seq.

"Reflective cycle" means a process in which teachers work with coaches to improve teaching practices. Teachers and coaches collaborate in a pre-conference meeting to plan instruction. Once an instructional plan is in place, the coach observes the teacher implementing the plan in the classroom. The coach and teacher hold a post-conference meeting to discuss and reflect on the experience. The goal is to work collaboratively to improve classroom and instructional practice.

"Reliable independent observer" means an individual with a verification letter indicating reliable scores by the district-contracted classroom assessment provider and adequately trained in the use of the classroomquality assessment instrument that is the standard for independent observation of preschool classrooms.

"Self-assessment and validation system" or "SAVS" means an annual assessment process conducted districtwide by school districts to provide the Department with an analysis of the school district's strengths and weaknesses relative to preschool program implementation and the school district's plans for continuous quality improvement.

"Targeted preschool" means a specialized preschool program for all at-risk children in school districts.

"Three-year preschool program plan and annual updates" means the school district's three-year programmatic plan that is updated annually, as required and approved by the Department, to implement a preschool program that meets this chapter's provisions.

"Transition" means an organized system of interactions and transactions that takes into account the relationships among home, school, and community as the child moves from preschool to kindergarten through grade three.

"Universal preschool" means a specialized preschool program for all age-eligible resident three- and four-year-old children.

"Universe of eligible preschool children" means all three- and four-year-old general education children eligible for preschool in a public school district that receives Preschool Education Aid.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Added definitions "Above-scale meal", "Early Childhood Program Aid", "Early Launch to Learning Initiative", "Free and/or reduced price meal" and "New Jersey Preschool Program Implementation Guidelines"; in definition "Comprehensive curriculum", deleted "Expectations:" following "Learning"; in definition "Comprehensive preschool educational program", inserted "Department" and "contracted"; in definitions "District-wide", "Fiscal specialist" and "Preschool program contract", inserted "contracted"; in definition "Full-day preschool", inserted the last sentence; in definition "Performance-based assessment", substituted "Preschool Standards" for "Expectations"; in definition "Preschool programmatic budget", substituted "including," for ", including"; in definition "Targeted Preschool", inserted "a specialized", substituted "program" for "programs" and deleted "preschool" following "at-risk"; in definition "Transition", inserted "to kindergarten"; in definition "Universal Preschool", inserted "a specialized" and substituted "program" for "programs"; deleted definitions "Pull-out program" and "Push-in program"; substituted definition "New Jersey Preschool Teaching and Learning Standards of Quality" for definition "New Jersey Preschool Teaching and Learning Expectations: Standards of Quality"; and in definition "New Jersey Preschool Teaching and Learning Standards of Quality", substituted "(Preschool Standards)" for "(Expectations)".

Subchapter 2 ELIGIBILITY, ENROLLMENT AND THE UNIVERSE

N.J. Admin. Code § 6A:13A-2.1 Eligibility

(a) In school districts that received Preschool Expansion Aid or educational opportunity aid in the 2007-2008 school year and in school districts that are either required to provide or are providing State-funded universal preschool, the district board of education shall provide free access to full-day preschool for all three- and four-year-old children.

(b) In school districts required to provide targeted preschool, the district board of education shall provide free access to full-day preschool for at-risk three- and four-year-old children.

(c) The district board of education shall determine age-eligibility for enrollment in both universal and targeted preschool programs for three- and four-year olds pursuant to this chapter using the same date as that for determining age eligibility for kindergarten programs.

(d) In school districts required to provide universal preschool, the district board of education also may:

Offer age-eligible, non-resident, at-risk children who receive Preschool Education Aid, a full-day preschool program under a Department-approved written agreement between district boards of education to enroll the children in the school district's preschool program; and/or
Offer age-eligible, non-resident children who do not receive Preschool Education Aid a full-day or partday preschool program by charging tuition to the parent or guardian.
Implementation of (d)1 and 2 above shall be contingent upon ensuring all age-eligible, resident children are given priority.

(e) Age-eligible, non-resident children of non-resident staff members employed by school districts providing universal preschool may be enrolled in the staff member's school district preschool program only if:

The child is preschool disabled and receiving services pursuant to N.J.S.A. 18A:46-6;
The child meets the eligibility requirements for universal or targeted preschool, as applicable, in the child's school district of residence and a Department-approved written agreement exists between the two school districts that includes the transfer of State-approved per pupil School Funding Reform Act (SFRA) Preschool Education Aid from the sending district of residence to the school district of parental employment; or
The child's parent or guardian pays tuition at a rate that is comparable to the per pupil rate provided in State aid, but does not exceed the actual cost per pupil pursuant to N.J.A.C. 6A:23A-17. Preschool Education Aid shall not be used to subsidize or offset the costs for tuition students.

(f) Implementation of (e)2 and 3 above shall be contingent upon ensuring all age-eligible, resident children are given priority.

(g) In school districts required to provide targeted preschool, the district board of education shall establish proof of income eligibility for each enrolling age-eligible child as set forth in this chapter using the at-risk income documentation required for the Application for State School Aid (ASSA).

(h) A school district providing targeted preschool pursuant to P.L. 2007, c. 260 may:

Offer age-eligible, non-resident, at-risk children who receive Preschool Education Aid a full-day preschool program under a Department-approved written agreement between district boards of education to enroll the children in their school district preschool program that includes the transfer of State-approved per pupil SFRA Preschool Education Aid from the sending district of residence to the school district of parental employment;
Offer age-eligible, resident children who are not at risk a full-day or part-day preschool program by charging tuition to the parent or guardian or using another funding source to support associated costs; and/or
Offer age-eligible, non-resident children who do not receive Preschool Education Aid a full-day or partday preschool program by charging tuition to the parent or guardian or using another funding source to support associated costs.

(i) Implementation of (h)1, 2, and 3 above shall be contingent upon ensuring all resident age- and income-eligible children are given priority.

(j) Age-eligible, non-resident children of non-resident staff members employed in school districts providing targeted preschool may only be enrolled in the employer's school district preschool program if:

The child is preschool disabled and receiving services pursuant to N.J.S.A. 18A:46-6;
The child meets the eligibility requirements for universal or targeted preschool in the child's school district of residence and a Department-approved written agreement exists between the two school districts that includes the transfer of State-approved per-pupil SFRA Preschool Education Aid from the sending district of residence to the school district of parental employment; or
The child's parent or guardian pays tuition at a rate that is comparable to the per pupil rate provided in State aid, but does not exceed the actual cost per pupil pursuant to N.J.A.C. 6A:23A-17. Preschool Education Aid shall not be used to subsidize or offset the costs for tuition students.

(k) Implementation of (j)2 and 3 above shall be contingent upon ensuring all age-eligible, resident children are given priority.

(l) Any tuition charged to a school district or parent or guardian shall not exceed the per pupil amount established pursuant to P.L. 2007, c. 260.

(m) Any Department-approved written agreement established between district boards of education to provide preschool programs pursuant to (a) through (l) above shall include the responsibilities for oversight of the chapter's preschool program elements.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Rewrote the section.

N.J. Admin. Code § 6A:13A-2.2 Enrollment

(a) The district board of education shall obtain, through every child's preschool application, enrollment information in a format provided by the Department at http://homeroom6.doe.state.nj.us/precnt/.

(b) A district board of education that offers universal or targeted preschool shall ensure that age-eligible children who are domiciled in the school district, eligible to attend its preschool program, and seeking enrollment are offered enrollment in the school district's preschool program and not placed on a waiting list.

(c) The district board of education shall contract with every willing Head Start program that is able to meet this chapter's requirements for the number of eligible preschool students in the local Head Start catchment area determined by the Federal government.

History

Amended by 54 N.J.R. 1595(b), effective 8/15/2022

N.J. Admin. Code § 6A:13A-2.3 Universe of eligible children

(a) District boards of education that received Preschool Expansion Aid or educational opportunity aid in the 2007-2008 school year shall document the school district's strategies to serve at least 90 percent of the universe of eligible preschool children in the three-year preschool program plan and/or annual update. The plan shall include annual preschool enrollment targets that coincide with the school district's projected initiation and/or expansion of preschool.

(b) All other district boards of education shall document the school district's strategies to serve at least 90 percent of the universe of eligible preschool children in the three-year preschool program plan and/or annual update. The plan shall include annual preschool enrollment targets that coincide with the school district's projected initiation and/or expansion of preschool.

(c) Each district board of education may be required to submit a corrective action plan to the Department if annual projected increases in enrollment targets are not met.

(d) The universe of eligible preschool children to be served by a school district in the next school year is determined by the following method:

For school districts providing universal preschool, the number of first graders reported on the Application for State School Aid (ASSA) is multiplied by two.
For school districts providing targeted preschool, the number of first graders reported on the ASSA is multiplied by two with the result multiplied by the percentage of at-risk pupils in kindergarten through grade 12.
The school district may request that the Department adjust the universe of preschool children to be served in the next school year based on factors including a large employer moving in or out of the school district or a new housing development, or documentation of a change in the at-risk population.

(e) A district board of education that provides documentation of efforts to serve 90 percent of its eligible universe of preschool children within the three-year preschool program plan and/or annual update, is fully implementing a full-day preschool program, and is meeting the elements established for high-quality preschool programs for three- and four-year-old children shall use any additional preschool aid to implement a full-day kindergarten program if the school district still operates a half-day kindergarten program. Upon Commissioner approval, the school district may subsidize preschool programs for resident three- and four-year-old children who are not eligible pursuant to this chapter or P.L. 2007, c. 260, or may budget Preschool Education Aid to support kindergarten through grade 12.

(f) Upon Commissioner approval, the district board of education may use any Preschool Education Aid carry-over funds for the school district's preschool program in the subsequent school year. The school district's request for Commissioner approval shall include justification for any expenditure of funds contrary to that approved by the Department in the three-year preschool program plan and/or annual update.

(g) The district board of education shall establish procedures for recruitment, enrollment, and placement of all eligible resident preschool children in the preschool program.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Rewrote (a) and (b); in (e), inserted "/or" and substituted "update" for "updates; added new (f); and recodified former (f) as (g).

Subchapter 3 PROGRAM PLANNING

N.J. Admin. Code § 6A:13A-3.1 Program planning

(a) School districts formerly known as Early Childhood Program Aid (ECPA) school districts, pursuant to repealed N.J.S.A. 18A:7F-16, that submitted a One-Year Preschool Operational Plan by May 30, 2008, and received approval from the Department to expand their preschool program in the 2008-2009 school year, and subsequently submitted and received Department approval for a five-year preschool program plan commencing September 2009, shall implement the preschool program plan and any update(s), and shall adhere to this chapter.

(b) Any other former ECPA school district, pursuant to repealed N.J.S.A. 18A:7F-16, shall adhere to its Department-approved 2008-2009 ECPA operational plan and any update(s) and shall adhere to N.J.A.C. 6A:13A-2.1(b) through (j) and to (b)1 through 10 below until the school district receives approval to implement its preschool program through Department approval of its three-year preschool program plan and is provided with full Preschool Education Aid at the School Funding Reform Act (SFRA) funded per pupil amount determined by the formula established at N.J.S.A. 18A:7F-54. A school district that receives approval, as set forth at N.J.A.C. 6A:13A-2.1(b) through (j) and (b)1 through 10 below, to implement its three-year preschool program plan shall adhere to all other rules in this chapter.

The district board of education shall serve at least 75 percent of the universe of four-year-old children in a preschool program prior to any spending of Preschool Education Aid for kindergarten through grade three.
The district board of education shall implement programming for the following components:

i. Districtwide planning;

ii. Community collaboration and planning;

iii. Parent involvement;

iv. Curriculum development and implementation;

v. Inclusion of children with disabilities in general education classrooms to the maximum extent possible; and

vi. Professional development and training.

The district board of education shall demonstrate that programs are based on a districtwide assessment that includes a needs and resource assessment for each school in the school district's comprehensive strategic plan.

The district board of education with an ECPA-funded program shall ensure that the preschool program:

i. Maintains classroom enrollments of no more than 18 children with one certified teacher and one appropriately qualified assistant;

ii. Is developmentally appropriate to the age and skill level of the young child;

iii. Is designed to meet the New Jersey Preschool Teaching and Learning Standards of Quality, the New Jersey Preschool Program Implementation Guidelines and the New Jersey Student Learning Standards;

iv. Includes transition activities, programs, and services between early intervention and preschool programs, and between preschool and kindergarten programs;

v. Coordinates with all other relevant school district programs, such as special education and bilingual education; and

vi. Includes an annual program evaluation.

The district board of education shall base preschool programs and curricula on student needs, strengths, and interests that focus on all aspects of development: cognitive, social, emotional, and physical. Curriculum and assessment strategies and/or resources shall be developmentally appropriate and include performancebased assessment measures.
The district board of education shall ensure that instructional methods and/or strategies are congruent with the cognitive, social, emotional, and physical skills of the young child. Instruction shall balance teacher-directed and child-initiated experiences.
The district board of education shall provide professional development and training specific to preschool education for all early childhood education administrators, teachers, and teacher assistants.
The preschool program may be offered by the district board of education within a mixed delivery system that includes in-district, private provider, and local Head Start agency settings provided the private provider and/or local Head Start agency program(s) with which the district board of education contracts comply with the school district's program requirements, including the employment of appropriately licensed and qualified teaching staff.
The district board of education shall include parent education activities in the preschool program with specific, identified strategies that assist parents in remaining actively involved in their child's education throughout their school years.
The district board of education shall demonstrate that community health and social service agencies have been included in the preschool program's planning, operations, and, if appropriate, fiscal support.

(c) In addition to implementing preschool, each district board of education with a high concentration of low-income students shall be subject to the following:

School districts in which at least 20 percent and less than 40 percent of students are "at-risk" as defined at P.L. 2007, c. 260 shall maintain all existing full-day kindergarten programs for all five-year-olds as determined by the enrollment date set by each district board of education pursuant to N.J.S.A. 18A:38-5 and 6.
School districts in which 40 percent or more of students are "at-risk" as established at P.L. 2007, c. 260 shall follow the provisions at N.J.A.C. 6A:13-3.2 and this section for full-day kindergarten programs, including the class size requirement to not exceed 21 students.

(d) Each school district receiving funds equal to its 2007-2008 Early Launch to Learning Initiative (ELLI) award shall adhere to its 2007-2008 ELLI Operational Plan and any update(s) until the school district receives approval to implement its preschool program through Department approval of its three-year preschool program plan and is provided with full Preschool Education Aid provided at the SFRA funded per pupil amount determined by the formula established at N.J.S.A. 18A:7F-54. A school district that receives approval, as set forth in this subsection, to implement its three-year preschool program plan shall adhere to the rules of this chapter.

(e) The district board of education may offer the universal and targeted high-quality preschool program within a mixed delivery system that includes in-district, private provider, and local Head Start agency settings.

(f) The district board of education shall annually submit projected enrollment, the three-year preschool program plan, and/or an annual update.

The district board of education providing universal preschool shall submit its projected enrollment data for the next school year and the three-year preschool program plan and/or annual update(s) on or before November 15 of each year.
The district board of education providing targeted preschool shall submit its projected enrollment data for the next school year and the required three-year preschool program plan and/or annual update(s) on or before November 15 of each year.

(g) The required three-year preschool program plan and/or annual update shall adhere to Department preschool program and budget planning document guidance for school districts, private providers, and local Head Start agencies, including, but not limited to:

The strategies to address the elements in this chapter for high-quality preschool programs;
A rationale for the type of delivery system chosen and, for school districts seeking to change the delivery system or expand the preschool program, a justification for not contracting with every willing and able private provider and local Head Start agency;
The programmatic needs of students, programs, private providers, and local Head Start agencies; and
The information collected annually from the self-assessment and validation, beginning with the initial year of preschool program implementation.

(h) The Department shall issue a determination approving or disapproving the three-year preschool program plan no later than April 1 of each year.

(i) The Department-approved three-year preschool program plan and/or annual update shall be directly connected with, and be the primary basis for, the school district preschool budget for each school year.

(j) Any appeal of a Department decision pursuant to (h) above shall be expedited pursuant to provisions set forth at N.J.A.C. 6A:13A-11.

History

Administrative Change, 48 N.J.R. 1802(a).

Subchapter 4 PROGRAM STAFFING

N.J. Admin. Code § 6A:13A-4.1 Administrative oversight

(a) Each district board of education shall designate an in-district administrative position to oversee the preschool program. A dedicated in-district early childhood supervisor is required at a ratio of one for every 750 enrolled preschool children, minus students enrolled in school district stand-alone early childhood education buildings. For school districts with fewer than 750 enrolled preschool children, the early childhood supervisor position may be combined with another in-district school administrator position with the same certification and qualifications required of an early childhood supervisor or, as approved by the Department in the school district's three-year preschool program plan and/or annual update, may be contracted for with a county or regional educational services commission approved by the State Board to do so.

Each district board of education shall ensure that in-district early childhood supervisors and administrators of in-district buildings with preschool children hold the appropriate New Jersey supervisor endorsement or principal certificate, have at least three years of experience in preschool education, and participate in annual training specific to preschool program planning and implementation, the school district's comprehensive preschool curriculum, and assessment.

i. Administrators who oversee in-district buildings that include preschool classrooms but are not stand-alone early childhood education or preschool buildings, and who do not possess at least three years of experience in preschool education, shall acquire knowledge of the content and skills relevant to working with preschoolaged children through training, coursework, and/or professional development, as determined and provided for by the school district.

In-district administrators and/or supervisors of preschool programs shall ensure the coordination of all elements of a high-quality preschool program within the school district, including all private providers and local Head Start agencies. The responsibilities of the in-district administrators and/or supervisors of preschool programs shall include:

i. Developing and implementing the preschool budget, three-year preschool program plan and/or annual update, and professional development plans;

ii. Contributing to the development of long-range facilities plans;

iii. Supervising registration, recruitment, and outreach efforts;

iv. Overseeing contractual compliance with private provider and local Head Start agencies;

v. Collaborating and communicating with the school district office of special services;

vi. Facilitating transition initiatives in collaboration with early intervention programs and other preschool to kindergarten through third grade administrators;

vii. Where applicable, meeting regularly with private providers and local Head Start agencies to foster collaboration and program implementation, including, but not limited to, fiscal and curriculum information;

viii. Overseeing the implementation of the comprehensive preschool curriculum and performance-based assessment;

ix. Providing assistance to all staff responsible for the implementation of appropriate early childhood practices within the preschool program;

x. Administering strategies designed to help teachers and other professionals optimize children's learning and development in all domains;

xi. Coordinating annual program evaluation;

xii. Hiring, supervising, and ensuring evaluation of all in-district staff funded by the preschool programmatic budget; and

xiii. Ensuring each private provider and local Head Start agency implements a system for classroom teacher observations.

(b) Each private provider and local Head Start agency shall provide a director pursuant to the regulations at N.J.A.C. 10:122, Manual of Requirements for Childcare Centers.

The director shall work on-site at the childcare center for a minimum of five of the six hours of the comprehensive educational program day.
The director shall hold, at a minimum, the credentials set forth at N.J.A.C. 10:122.
The director shall not serve in any other position, including, but not limited to, instructional staff member or family worker, during the same hours the individual serves as center director.
If the director is required to be off-site, the director shall assign an on-site designee, pursuant to N.J.A.C. 10:122. The designee shall not be a classroom teacher or teacher assistant.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Rewrote the introductory paragraph of (a); in (a)2i, inserted "/or", substituted "update" for "updates" and inserted "as required by the Department"; and in (a)2vi, inserted "to kindergarten".

N.J. Admin. Code § 6A:13A-4.2 Preschool instructional coaches

(a) The district board of education shall provide preschool instructional coaches at a ratio of no more than 20 preschool classrooms for each preschool instructional coach to ensure coaching and classroom support for classroom teachers. The district board of education shall provide additional preschool instructional coaches to assist novice teachers, and to provide professional development that supports multilingual learners and children in inclusive classroom settings. For school districts with fewer than 20 preschool classrooms, the preschool instructional coach position, described in the school district's three-year preschool program plan and/or annual update, may be fulfilled in one of the following ways:

Combine the preschool instructional coach position with another in-district position, provided that the preschool instructional coach is not a classroom teacher and all preschool instructional coach qualifications established in this chapter are met;
Collaborate with one or more school district(s) to share the services of a preschool instructional coach; or
Contract for preschool instructional coach services with a county or regional educational services commission approved by the State Board to do so.

(b) The preschool instructional coach shall have the following qualifications and experience:

A bachelor's degree and preschool through grade three (P-3) teacher certification;
At least three years of experience teaching in general education preschool programs;
Experience in implementing developmentally appropriate preschool curricula;

Experience with a range of appropriate early childhood assessments, including performance-based and classroom-quality assessment instruments;

Experience providing professional development to classroom teachers; and
Preschool Professional Development Fellow status.

(c) A preschool instructional coach appointed prior to September 1, 2007, shall hold, at a minimum, a preschool through grade three standard instructional certificate or an N-8 standard instructional certificate, as set forth at N.J.A.C. 6A:9B.

(d) A preschool instructional coach appointed on or after September 1, 2007, shall hold, at a minimum, a preschool through grade three or equivalent preschool certification, as set forth at N.J.A.C. 6A:9B.

(e) In addition to the requirements at (b), (c), and (d) above, depending on the population served by the district board of education, a preschool instructional coach shall demonstrate one or more of the following:

Certification that includes an endorsement for bilingual education or English as a second language;
Certification that includes an endorsement for teacher of students with disabilities or teacher of the handicapped;
A graduate degree in early childhood education with an emphasis on early literacy and/or early mathematics; and/or
A graduate degree in educational supervision and/or leadership.

(f) The responsibilities of the preschool instructional coach shall include, at a minimum:

Visiting classrooms regularly to model, coach, informally observe using structured observation instruments, and provide feedback to teaching staff in preschool programs based on the reflective cycle to assist with the implementation of the comprehensive curriculum and the Preschool Standards;
Providing staff development based on systematic classroom observations consistent with a classroomquality assessment instrument;
Making recommendations to administrators or supervisors of preschool programs to provide additional professional development as needed;
Ensuring systematic early childhood program assessment occurs in the preschool program;
Collaborating with the preschool intervention and referral specialists (PIRSs) to ensure systematic curriculum supports in social-emotional development;
Ensuring implementation of the comprehensive performance-based assessment system that is connected to the comprehensive preschool curriculum as part of the three-year preschool program plan and/or annual update;

Participating in parent involvement programs with district board of education and private provider staff; and

Supporting transition activities, programs, and services between and among preschool through grade three programs.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Section was "Master teachers--coaching". In the introductory paragraph of (a), inserted ", described in the school district's five-year preschool program plan and/or annual update, as required, and approved by the Department,"; in (b)2, inserted "general education"; in (f)1, substituted "Preschool Standards" for "Expectations"; in (f)3, deleted "early childhood" preceding "preschool"; and in (f)5, deleted "and approved by the Department" following "curriculum" and substituted "and/or annual update as required and approved by the Department" for "and annual updates".
Administrative change.
See: 46 N.J.R. 1743(a).

N.J. Admin. Code § 6A:13A-4.3 Instructional staff

(a) The district board of education of a school district that is approved to provide a State-funded universal preschool program shall ensure that one appropriately certified teacher and one appropriately qualified teacher assistant, pursuant to (d) and (e) below, are provided for every preschool class of 15 children. Class size shall not be greater than 15 children.

The district board of education may have fewer than 15 children in a class, if the services can be provided at the school district's per pupil amount, and the essential elements of the chapter for the implementation of a high-quality preschool program are maintained.

In-district preschool classroom teachers shall hold a bachelor's degree and, at a minimum, a certificate of eligibility (CE) or certificate of eligibility with advanced standing (CEAS) for preschool through grade three or other equivalent preschool certification, as set forth at N.J.A.C. 6A:9B.

(b) Private provider and local Head Start agency preschool teachers working in classrooms contracted with school districts that received Preschool Expansion Aid or educational opportunity aid in 2007-2008 shall hold a bachelor's degree and, at a minimum, a CE or CEAS for preschool through grade three or other equivalent preschool certification, as set forth at N.J.A.C. 6A:9B.

(c) All preschool classroom teachers hired in private provider and Head Start agencies subsequent to the initial year of the school district's implementation of a preschool program shall hold a bachelor's degree and, at a minimum, a CE or CEAS for preschool through grade three certification or other equivalent preschool certification, as set forth at N.J.A.C. 6A:9B.

(d) The district board of education teacher assistants in school districts or schools supported by Title 1 funding, as applicable, shall meet the Title 1 requirements pursuant to the Every Student Succeeds Act, P.L. 114-95.

(e) The district board of education shall require all other teacher assistants, both new hires and existing staff, in all preschool program settings to have a high school diploma or its equivalent.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), inserted "appropriately qualified" and ", pursuant to N.J.A.C. 6A:13A-4.3(f) and (g),"; in (a)1, substituted "essential elements for the implementation of a high-quality preschool program" for "preschool quality standards"; in (b), inserted "and local Head Start agency" and "classrooms contracted with" and substituted "teachers teaching" for "classroom teachers," and "that received" for "receiving"; rewrote the introductory paragraph of (c); and in (c)4, substituted "(c)1" for "(c)1i".
Administrative change.
See: 46 N.J.R. 1743(a).

N.J. Admin. Code § 6A:13A-4.4 Intervention and support services

(a) The district board of education shall establish a preschool intervention and referral specialist (PIRS) at a 1:20 ratio of PIRS to preschool classrooms. School districts with more than 20 preschool classrooms shall also create a team of specialists, including the PIRS, using a consultative model as part of the intervention and referral services. The services shall be funded by the school district's preschool budget, as described in the school district's three-year preschool program plan and/or annual update. The position(s) may be:

Combined with the school district's existing intervention and referral services required by N.J.A.C. 6A:16; or
Fulfilled by contracting for PIRS services with a county or regional educational services commission approved by the State Board to do so.

(b) For school districts with fewer than 20 preschool classrooms, the PIRS may be fulfilled in one of the following ways:

Combine with the school district's existing intervention and referral services required by N.J.A.C. 6A:16;
Combine the preschool instructional coach position with another position within the school district, provided that the preschool instructional coach is not a classroom teacher and all PIRS qualifications established in this chapter are met;
Collaborate with one or more school district(s) to share the services of a PIRS; or
Contract for PIRS with a county or regional educational services commission approved by the State Board to do so.

(c) The PIRS shall be supervised by the early childhood school district administrator and shall work within a consultation model with relevant school district, private provider, and local Head Start agency staff and administrators to deliver preschool age-appropriate services designed to decrease referrals to special education and to maximize general education classroom teachers' ability to support all students.

(d) The PIRS position and/or team may be comprised of preschool teachers, psychologists, learning disabilities teacher consultants, school social workers, and speech and language specialists who shall have knowledge of the school district's curriculum and assessment and who shall either have experience working with preschool-aged children or acquire knowledge of the content and skills relevant to working with preschool-aged children through training, coursework, and/or professional development, as determined and provided for by the school district.

(e) The PIRS shall, at a minimum:

Consult with instructional coaches and preschool classroom teachers to adapt and modify teaching practices to help preschool children meet the Preschool Standards;
Conduct regular classroom visits to observe, model, provide feedback, and make recommendations about appropriate strategies, classroom modifications, and the selection of adaptive materials to address the needs of children with challenging behaviors or potential learning difficulties;
Provide professional development using a classroom quality assessment tool for instructional staff and administrators to facilitate preschool inclusion;
Coordinate with school district special services departments and child study team members, when appropriate, to ensure seamless preschool programming;
Refer children, when all other efforts have failed, to the school district child study team, as set forth at N.J.A.C. 6A:14, Special Education;
Bring professionals across disciplines together with families, as appropriate; and
Provide support to general education classroom teachers to address the needs of children with challenging behaviors or learning disabilities.

(f) The district board of education shall annually report the number of children served by the PIRS and the number of children referred to the child study team for formal evaluation in its three-year preschool program plan and/or annual update.

(g) The district board of education shall ensure that preschool students are not suspended, long-term or shortterm, and are not expelled from school, except as provided pursuant to the Zero Tolerance for Guns Act, N.J.S.A. 18A:37-7 et seq.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), inserted "and described in the school district's five-year preschool program plan and/or annual update, as required and approved by the Department"; in (d)1, substituted "Preschool Standards" for "Expectations"; and in (e), deleted "to the Department" following "report " and substituted "and/or annual update as required and approved by the Department" for "and annual updates".

N.J. Admin. Code § 6A:13A-4.5 Health and nutrition

(a) The district board of education shall employ nurses at a ratio of one for every 300 preschool students, including students in contracted private provider and local Head Start programs. In school districts with fewer than 300 enrolled preschool children, the services funded by the school district's preschool budget and described in the school district's three-year preschool program plan and/or annual update may be:

Provided within the school district's existing health services required by N.J.A.C. 6A:16; or
Fulfilled by contracting for health services with a county or regional educational services commission approved by the State Board to do so.

(b) The district board of education shall ensure that basic child health services are provided to all enrolled preschool children. Child health services shall include:

At a minimum, vision, hearing, dental, height, and weight screenings of each eligible child upon enrollment;
The maintenance of records pertaining to immunizations, physical examinations, and other records necessary for transition to kindergarten; and

Parent education and communication designed to meet the health and social service needs of children enrolled in the program.

(c) District boards of education offering universal preschool shall apply to the National School Breakfast Program and National School Lunch Program and may charge families of eligible preschool program children for reduced- and above-scale meals. District boards of education shall also ensure that contracted private provider and local Head Start settings apply to the Child and Adult Care Food Program (CACFP) to offer breakfast, lunch, and one snack per day for each enrolled preschool child.

If accepted into one or more of the programs, the district board of education, contracted private provider, or local Head Start agency shall participate for all preschool children.
If not accepted into one or more of the programs, for any reason, the district board of education shall ensure that the dietary requirements listed at (d) below are followed.

(d) District boards of education offering targeted preschool shall ensure that all at-risk children in all settings are offered breakfast, lunch, and one snack per day conforming to the 2020-2025 United States Department of Agriculture Dietary Guidelines for Americans located, at http://www.dietaryguidelines.gov/ regarding meal pattern requirements and nutrition standards.

History

Administrative correction.
See: 40 N.J.R. 4790(a).
Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), inserted "contracted" and "and described in the school district's five-year preschool program plan as required and approved by the Department"; rewrote the introductory paragraph of (c); in (c)1, deleted ", as applicable" from the end; and in (d), substituted " http://www.health.gov/dietaryguidelines/dga2005/document/default.htm" for " www.nal.usda.gov/childcare/Cacfp/index.html".

N.J. Admin. Code § 6A:13A-4.6 Family and community involvement

(a) The district board of education shall ensure that a coordinated system of social services is provided to families of enrolled preschool children and shall describe the system in its three-year preschool program plan and/or annual update. Services may be offered by:

Coordinating the social services and/or social services functions described in this section among the school district, contracting private providers, and local Head Start agencies; or
Contracting for social services functions described in this section with a county or regional educational services commission approved by the State Board to do so.

(b) The services shall be provided by a combination of social worker(s), family worker(s), and community parent involvement specialist(s) (CPIS) as part of the school district's three-year preschool program plan and/or annual update.

A school district shall provide a social worker holding the appropriate credentials in social work, pursuant to N.J.A.C. 6A:9B-14.5, for every 300 preschool children enrolled at in-district settings. In school districts with fewer than 300 preschool children enrolled at in-district settings, the social worker position may be combined with another position with the same qualifications. The social worker shall, at a minimum:

i. Collaborate with all relevant preschool instructional staff, administrators, and support personnel to support the school district family services program;

ii. Coordinate with other available school district resource staff to reach out to families, determine individual family needs, advocate on their behalf, and obtain appropriate community services;

iii. Provide follow-up, including a review of child needs, when necessary;

iv. Facilitate access to community social services, when appropriate;

v. Collaborate with assigned school district personnel to design and provide a parent involvement program based on identified needs and parent survey responses; and

vi. Help parents learn about child development, nutrition, safety, and how to support their child's learning.

A contracting private provider or local Head Start agency shall provide a family worker for every 75 children. In a private provider or local Head Start agency with fewer than 75 preschool children, this position may be combined with another position. The family worker shall, at a minimum:

i. Collaborate with the school district staff to ensure family involvement and social services activities occur;

ii. Coordinate participation in health and social services designated by the school district to serve the needs of the children and their families;

iii. Provide all requested data to the school district; and

iv. Report to the center director and coordinate social services activities with appropriate school district social services staff.

Each school district shall provide one CPIS with a minimum of a bachelor's degree in social work, or a related field such as sociology, psychology, or education. School districts with fewer than 750 enrolled preschool children may combine the CPIS with another position as described in the school district's three-year preschool program plan and/or annual update. The CPIS shall, at a minimum:

i. Coordinate the early childhood advisory council;

ii. Evaluate the needs of families;

iii. Coordinate systematic parent involvement plans and activities;

iv. Coordinate work with other community agencies; and

v. Coordinate work with other social service personnel.

(c) The district board of education shall establish a preschool through grade three early childhood advisory council (ECAC) to review preschool program implementation and to support transition as children move from preschool through grade three.

The council's membership shall consist of stakeholders in the community, as well as parents, contracting private providers, and the local Head Start agency, if applicable, with new representation added as needed; and
Elected co-chairs shall preside at quarterly council meetings.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), substituted "update, as required and approved by the Department" for "updates,"; in (a)1, deleted "sharing and/or provision of" following "Coordinating the", and inserted "and/or social services functions described in this section" and "contracting"; in (a)2, substituted "in this section" for "below"; in the introductory paragraph of (b), deleted ", as approved by the Department" following "(CPIS)", inserted "/or" following "plan and" and substituted "update as required and approved by the Department" for "updates"; rewrote the introductory paragraph of (b)1 and the introductory paragraph of (b)3; in the introductory paragraph of (b)2, inserted "contracting"; and in (c)1, inserted "parents,", and substituted "and" for a comma following "providers" and "if applicable," for "and parents".
Administrative change.
See: 46 N.J.R. 1743(a).
Modified by Executive Order No. 103(2020), effective 6/15/2020.
See: 52 N.J.R. 1361(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:13A-4.7 District board of education-fiscal accountability and integrity of preschool program

(a) The district board of education shall ensure the fiscal accountability and integrity of the preschool program.

In school districts with eight or more contracting private providers or local Head Start agencies, the district board of education may employ a preschool fiscal specialist.
The preschool fiscal specialist shall have auditing, budgeting, and accounting experience, shall report to the early childhood administrator or the supervisor of early childhood programs, and shall work with the school district business administrator's office.
In school districts without a dedicated preschool fiscal specialist, the position may be combined with another in-district position when described in the three-year preschool program plan and/or annual update(s), provided the qualifications and responsibilities established in this chapter are met.
The preschool fiscal specialist duties shall include, at a minimum:

i. Monitoring each contracting private provider and/or local Head Start agency for compliance with the preschool program contract;

ii. Tracking teacher certification information and reporting it to the Department;

iii. Monitoring expenses and reviewing quarterly expenditure reports in accordance with the approved contracting private provider and/or local Head Start agency budgets;

iv. Providing financial management assistance to contracting private providers and local Head Start agencies in the development and monitoring of their annual budgets; and

v. Collaborating with contracting private providers and/or local Head Start agencies in the development of any corrective action plans in response to findings of an audit and/or a limited review examination.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In (a)1, inserted "contracting"; in (a)3, inserted "when described in the five-year preschool program plan and/or annual updates, as required and approved by the Department,"; in (a)4i, (a)4iii and (a)4iv, inserted "contracting" preceding "private providers" throughout; and in (a)4iv, deleted ", as applicable," following the second occurrence of "agencies" and inserted "any".

Subchapter 5 CURRICULUM AND ASSESSMENT

N.J. Admin. Code § 6A:13A-5.1 Curriculum

(a) The district board of education shall ensure implementation of a comprehensive curriculum supported by research, aligned with the Preschool Standards, and linked to the New Jersey Student Learning Standards (NJSLS). The school district's choice of curricula shall be described in the three-year preschool program plan and/or annual update.

(b) The preschool program and curriculum shall include, but need not be limited to, the following:

Systematic support for language acquisition for all children, including approaches for helping multilingual learners maintain their home language while acquiring English within their regularly assigned preschool classroom;
A clearly described, systematic, and intensive instructional approach for all aspects of development and learning using the strategies and techniques delineated in the Preschool Standards; and
Implementation of a comprehensive, performance-based assessment system that is aligned with the preschool curriculum.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:13A-5.2 Ongoing performance-based assessment of children

(a) The district board of education shall ensure that ongoing assessment in the preschool program is used to:

Plan intentional instruction for individuals and groups;
Identify children for health and special services;
Monitor trends and evaluate programs; and
Provide program accountability data, as specified by the Department.

(b) The district board of education shall ensure all preschool classroom teachers conduct an ongoing performance-based assessment of children that:

Is aligned with the comprehensive curriculum described in the school district's three-year preschool program plan and/or annual update;
Addresses all learning domains;
Uses multiple sources of evidence gathered over time;
Is used for curriculum planning and reporting to parents; and
Is not used to determine the classroom placement of children.

History

Amended by 54 N.J.R. 1595(b), effective 8/15/2022

N.J. Admin. Code § 6A:13A-5.3 Screening

(a) The district board of education shall conduct a developmentally based early childhood screening assessment for each child upon enrollment in preschool to:

Identify children with broad indicators of potential problems who may require further assessment; and

Determine if a child needs a comprehensive diagnostic assessment.

History

Amended by 54 N.J.R. 1595(b), effective 8/15/2022

N.J. Admin. Code § 6A:13A-5.4 Classroom-quality assessment

(a) Starting in the first year of preschool program implementation, the school district shall use, at least annually, a reliable classroom-quality assessment instrument described in the three-year preschool program plan and/or annual update to assess program quality in each in-district, contracting private provider, and/or local Head Start agency preschool classroom, aggregate the data, and develop professional development plans for all teaching staff.

The school district shall score program quality on a graduated scale in each preschool classroom.

An action plan shall be developed and implemented by the school district and contracting private provider or local Head Start agency if any classroom falls below the minimum acceptable score established by the district board of education in the preschool program contract. The school district and the contracting private provider or local Head Start agency shall participate in joint discussions as part of the action plan's development to determine the classroom-quality improvements that are necessary based upon the observation instrument's results and to establish a timeframe for making the required changes.
The preschool instructional coach shall provide technical assistance to the classroom teacher based upon the action plan.
If the district board of education determines improvements have not been made according to the established plan and schedule, the district board of education, or contracting private provider or local Head Start agency, may request from the Department that the classroom or program be evaluated by a reliable, independent observer. If the reliable, independent observer verifies the action plan is not being satisfied in a contracting private provider or local Head Start agency classroom, the district board of education shall take steps to remove the contracting private provider or local Head Start agency teacher from the contracted classroom or to terminate or not renew the preschool program contract between the contracting private provider or local Head Start agency and the district board of education, pursuant to the provisions for nonrenewal and termination at N.J.A.C. 6A:13A-9.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In (a)1, substituted "described" for "and approved" and "and/or annual update as required and approved by the Department" for "and annual updates" and inserted "school district's".

N.J. Admin. Code § 6A:13A-5.5 Classroom quality assessment

(a) Starting in the first year of preschool program implementation, the school district shall, at least annually, use a reliable classroom quality assessment instrument described in the five-year preschool program plan and/or annual update, as required and approved by the Department, to assess program quality in each in-district, contracting private provider, and/or Head Start agency preschool classroom, aggregate the data, and develop professional development plans for all teaching staff.

The school district shall score program quality on a graduated scale in all preschool classrooms.
An action plan shall be developed and implemented by the school district and contracting private provider or local Head Start agency if any classroom falls below the minimum acceptable score established by the district board of education in their preschool program contract. Development of the action plan shall involve participation of the school district and the contracting private provider or local Head Start agency in joint discussions to determine the classroom quality improvements that are necessary based upon the results of the observation instrument and establishment of a timeframe for making the required changes.
The master teacher shall provide technical assistance to the classroom teacher based upon the action plan.
If the district board of education deems that improvements have not been made according to the established plan and schedule, the district board of education or contracting private provider or local Head Start agency may request that the classroom or program be evaluated by a reliable independent observer approved by the Department. If the reliable independent observer verifies that the action plan is not being satisfied in a contracting private provider or local Head Start agency classroom, steps shall be taken to remove the contracting private provider or local Head Start agency teacher from the classroom or terminate or not renew the preschool program contract between the contracting private provider or local Head Start agency and the district board of education pursuant to the provisions for non-renewal and termination set forth in N.J.A.C. 6A:13A-9.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a) and in (a)2 and (a)4, inserted "contracting" preceding "private provider" throughout; in the introductory paragraph of (a), substituted "Starting in the first year of preschool program implementation, the" for "The", "quality assessment" for "observation", "described in" for "approved by the Department as part of" and "and/or annual update, as required and approved by the Department," for "and annual updates"; in (a)2, inserted "established by the district board of education in their preschool program contract"; and in (a)4, substituted "terminate or not renew" for "not renew or terminate".
Modified by Executive Order No. 103(2020), effective 6/15/2020.
See: 52 N.J.R. 1361(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

Subchapter 6 TRANSITION

N.J. Admin. Code § 6A:13A-6.1 Transition

(a) The district board of education shall include in its three-year preschool program plan and/or annual update transition initiatives from program entry to kindergarten through grade three that describe:

The process for collaborating with other preschool through grade three administrators in the school district;
Implementation of a comprehensive, developmentally appropriate kindergarten entry assessment within the first six to eight weeks of school to measure children's knowledge, skills, and behaviors at the beginning of kindergarten;
Methods for communicating to a child's new kindergarten and elementary teachers information about the child, including the results of the kindergarten entry assessment;
The process for identifying the curriculum and pedagogical information about the preschool program and communicating it to the kindergarten and elementary teachers; and
The process for providing information to parents about the kindergarten program and the transition plan from preschool through grade three.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), inserted "transition initiatives from program entry to kindergarten though grade three" and substituted "and/or annual update as required and approved by the Department," for "and annual updates, transition initiatives from program entry to kindergarten through grade three"; and in (a)2, deleted "approved by the Department as part of the five-year preschool program plan and annual updates" following "assessment".

Subchapter 7 FACILITIES

N.J. Admin. Code § 6A:13A-7.1 Space requirements

(a) For any school district or charter school that received Preschool Education Aid in August 2017 or thereafter, the district board of education or charter school shall ensure all preschool classrooms in-district or in the charter school, as applicable, and at the contracted private provider and local Head Start agency are a minimum of 950 square feet per classroom consisting of 750 square feet of usable space, 150 square feet of storage, and equipment or furnishings that are either built in or not easily movable, and 50 square feet of toilet room.

Any preschool classroom that is relocating as of, or after, August 15, 2022 to a space not previously occupied for preschool shall immediately meet minimum space requirements set forth at (a) above.
A district board of education may seek a waiver of, or equivalency for, the requirements set forth at (a) above pursuant to the process at N.J.A.C. 6A:5, Regulatory Equivalency and Waiver.

(b) The district board of education shall ensure that all construction or alteration of playgrounds and playground equipment complies with N.J.A.C. 5:23-7, Barrier Free Subcode, and N.J.A.C. 5:23-11, Playground Safety Subcode, in the Uniform Construction Code.

(c) Any change(s) affecting the physical space or location of contracted private provider or local Head Start agency preschool classrooms shall be approved prior to relocation or renovation by the school district and shall meet the space requirements established at (a) and (b) above.

(d) Any change(s) affecting the physical space or location of in-district preschool classrooms shall be approved by the executive county superintendent and shall meet the space requirements at (a) and (b) above.

(e) The district board of education shall engage in systematic, long-range facilities planning to ensure that adequate facilities exist in the community to meet the elements of high-quality preschool established in this chapter.

(f) Beginning in the 2027-2028 school year, a district board of education, contracted provider, or Head Start program shall not use temporary classroom units (TCUs) or other similar temporary facilities, as defined at N.J.A.C. 6A:26, Educational Facilities, for preschool classrooms without prior approval pursuant to N.J.A.C. 6A:5.

A district board of education that receives approval, pursuant to N.J.A.C. 6A:5, to use TCUs or other similar temporary facilities shall ensure compliance with N.J.A.C. 6A:26, including requirements relating to the use of TCUs or other similar temporary facilities.
Upon Department request, a district board of education shall provide information and/or documentation establishing the school district's compliance with N.J.A.C. 6A:26 and the provisions of this chapter.

(g) Any district board of education using TCUs or other similar temporary facilities for preschool classrooms as of August 15, 2022, shall submit to the Department proof of compliance with N.J.A.C. 6A:26 and a long-range facilities plan for phasing out the use of TCUs or other similar temporary facilities for preschool classrooms by June 30, 2027.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In (c), inserted "contracted private provider or local Head Start agency" and substituted "from the school district and shall meet the space requirements established in (a) and (b) above" for "through the equivalency and waiver process established at N.J.A.C. 6A:5, Regulatory Equivalency and Waiver".

Subchapter 8 PROGRAM EVALUATION

N.J. Admin. Code § 6A:13A-8.1 Self-assessment for continuous quality improvement cycle

(a) The district board of education shall participate in a process of continuous quality improvement either through the annual self-assessment and validation system (SAVS) or Grow NJ Kids to inform the school district of the status of its preschool program implementation. School districts that utilize Grow NJ Kids shall also complete the ratings process, which is valid for three-years. The self-assessment and validation system shall include the following:

A validation visit by a State team at least once every three years; and
A Department-required improvement plan in a Department-provided format that shall include:

i. Identification of the program area(s) in need of improvement;

ii. A detailed explanation of the steps to be taken by the district board of education; and

iii. A timeline for implementation.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Rewrote the introductory paragraph of (a) and (a)1; added new (a)2; recodified former (a)2 as (a)3; and in the introductory paragraph of (a)3, inserted ", as required and".
Modified by Executive Order No. 103(2020), effective 6/15/2020.
See: 52 N.J.R. 1361(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

Subchapter 9 SCHOOL DISTRICT CONTRACTS WITH PRIVATE PROVIDERS AND LOCAL HEAD START AGENCIES FOR PROVIDING PRESCHOOL SERVICES

N.J. Admin. Code § 6A:13A-9.1 Contract

(a) The district board of education annually shall execute the preschool program contract provided and/or approved by the Department with all contracting private providers and local Head Start agencies.

Each district board of education using the Department-approved preschool program contract without modifications shall submit to the Department a copy of each executed contract no later than 60 days after the Department's annual release of the contract for the following school year.
The district board of education may request modifications to the Department-approved preschool program contract no later than 45 days after the Department's annual release of the contract for the following school year.

i. The district board of education shall not request a modification of the provision in the Department-approved preschool program contract that requires the school district to ensure that the educational program offered by the private provider or Head Start agency will comply with all Federal, State, and local laws, rules, and regulations regarding the secular nature of programs receiving public funding.

The district board of education shall submit to the Department a copy of each executed contract within 60 days of receiving Department approval to modify the Department-approved preschool program contract.

(b) The district board of education shall utilize a private provider or local Head Start agency that maintains appropriate licensure pursuant to N.J.A.C. 10:122 and adheres to the requirements of this chapter for programmatic and fiscal accountability to provide preschool children with services that meet the elements of a high-quality preschool program.

(c) Each private provider or local Head Start agency entering into a contractual arrangement with a district board of education to provide a full-day preschool program pursuant to this chapter shall be willing and able to meet the following criteria to be eligible for a contract:

Meet the elements identified in this chapter for the implementation of a high-quality preschool program;
Submit to the district board of education copies of insurance certificates, an efficient annual budget, appropriate credentials for teaching staff, attendance and pupil records, and any additional documentation, including all financial records, as requested by the district board of education and/or Department;
Manage funds allocated within annual Department-approved budgets in a manner that is effective, efficient, and in accordance with generally accepted accounting principles.
Present to the district board of education evidence of compliance with Department of Children and Families background check procedures for child abuse record information pursuant to N.J.A.C. 10:122-4.9 and criminal history background check procedures pursuant to N.J.S.A. 30:5B-6.10 through 6.18.
Procure and maintain at its own expense, until at least one year after the completion of all services performed under the contract, liability insurance for damages imposed by law and assumed under the contract from insurance companies admitted or approved to do business in the State;
Keep all pupil records in strictest confidence in accordance with N.J.A.C. 10:122 and 6A:32, and the Federal Family Education Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99);
Agree that the educational program offered will comply with all Federal, State, and local laws and regulations regarding the secular nature of programs receiving public funding;
Agree to participate in any professional development opportunities offered by the district board of education for all preschool teaching staff; and

Provide, upon receiving reasonable notice, the district board of education and the Department with access to its site and program records for the purposes of monitoring and ensuring that the private provider or local Head Start agency is complying with all aspects of the preschool program contract.

(d) Each private provider or local Head Start agency that has not previously held a preschool program contract with a district board of education shall be able to meet the following criteria to be eligible for a contract:

Have previously provided preschool programs for at least one year prior to entering into a contractual relationship with the district board of education;
Have a documented record of appropriate financial management, including timely independent audits revealing no material findings and accounting systems that can accommodate financial reporting requirements; and
Be able to accommodate at least 90 eligible children in a manner consistent with this chapter.

(e) Each private provider and/or local Head Start agency shall meet the minimum acceptable score on the reliable classroom-quality assessment instrument, set forth at N.J.A.C. 6A:13A-5.4, and established by the district board of education in the preschool program contract to determine the eligibility of the private provider and/or the local Head Start agency to continue to contract with the school district.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In (a)2, inserted "contract" following "program"; in (b), inserted "and adheres to requirements for programmatic and fiscal accountability established in this chapter,", substituted the second occurrence of "that" for "to", and deleted "and adheres to requirements for programmatic and fiscal accountability established in this chapter" following "program"; in the introductory paragraph of (d), inserted "to provide a full-day preschool program pursuant to this chapter"; in (d)3, substituted "Department approved" for "Department-approved"; and in (f), inserted "reliable" and "and established by the district board of education in their preschool program contract".

N.J. Admin. Code § 6A:13A-9.2 Informal dispute resolution process

(a) The district board of education and contracting private provider or local Head Start agency shall attempt to resolve any dispute that may arise.

If the dispute cannot be resolved locally, an appeal to the Commissioner may be filed pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), inserted "contracting".

N.J. Admin. Code § 6A:13A-9.3 Renewal or non-renewal of a preschool program contract

(a) The district board of education, contracting private provider or local Head Start agency, and the Department shall use the following process for renewal or non-renewal of a private provider or local Head Start agency preschool program contract:

For all private provider or local Head Start agency contract renewals or non-renewals:

i. The school district shall notify any contracting private provider or local Head Start agency in writing on or before May 1 of each contract year of the school district's intent to renew the preschool program contract for an additional one-year term. The school district shall also notify any private provider or local Head Start agency, the Department's Division of Early Childhood Education, and the Department of Children and Families' Office of Licensing, in writing, on or before May 1 of each contract year of the school district's intent to not renew the preschool program contract for an additional one-year term. Any school district notification of non-renewal shall follow the protocol established by the Department's Division of Early Childhood Education and detail justifiable reason(s) for non-renewal of the preschool program contract.

ii. Any change(s) in configuration of the way preschool children are served within the school district's mixed delivery system shall be described in the school district's preschool program plan and/or annual update or modifications and shall be submitted to the Department's Division of Early Childhood Education for consideration prior to notification of non-renewal to contracting private provider(s) and/or local Head Start agency(ies).

iii. The contracting private provider or local Head Start agency shall notify the school district in writing within 30 days of receipt of the school district's renewal notice of the private provider's or local Head Start agency's acceptance or rejection of the offer to renew the preschool program contract for one year.

iv. The private provider or local Head Start agency may dispute the non-renewal of the preschool program contract received in writing from the school district by notifying the school district and the Department in writing within 10 business days of receipt of the notice of non-renewal.

v. The Department may request additional information from either party.

vi. The Department shall affirm or deny the appropriateness of the non-renewal decision in writing to the school district and the contracting private provider or local Head Start agency.

vii. The non-renewal decision may be appealed to the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

viii. The school district's three-year preschool program plan and annual update(s) shall be amended accordingly, based on the changes in the classroom configuration.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), inserted "contracting"; rewrote (a)1i; added new (a)1ii; recodified former (a)1ii through (a)1vi as (a)1iii through (a)1vii; in (a)1iii and (a)1vi, inserted "contracting"; and added (a)1viii.

N.J. Admin. Code § 6A:13A-9.4 Termination of a preschool program contract

(a) The school district shall have the right to terminate a contracting private provider's or local Head Start agency's preschool program contract immediately upon:

Revocation of the contracting private provider's or local Head Start agency's licensure;
Material breach of the contracting private provider's or local Head Start agency's responsibilities, including the failure to conduct and document criminal background and child abuse history checks;
Failure to comply with all applicable requirements established pursuant to this chapter; or
Any other reasonable cause within the discretion of the school district and with written approval from the Department.

(b) The district board of education shall use the following process to terminate a contracting private provider's or local Head Start agency's preschool program contract:

If a contracting private provider or local Head Start agency fails to comply with all terms of the preschool program contract or applicable Federal, State, or local requirements, the school district shall notify, in writing, the contracting private provider or local Head Start agency and the Department about the deficiency and provide a timeframe for compliance.
If the contracting private provider or local Head Start agency fails to resolve the deficiency within the time provided, the school district may initiate termination of the preschool program contract upon written notice to the contracting private provider or local Head Start agency and the Department. Termination of the contract shall be subject to written approval by the Department to the school district and contracting private provider or local Head Start agency.

(c) Contracting private providers or local Head Start agencies may appeal to the Commissioner, pursuant to N.J.A.C. 6A:3, Controversies and Disputes, a school district's decision to terminate a contract. The filing of an appeal shall not prevent the termination from becoming effective on the date specified unless the appealing party seeks and is granted a stay pending decision by the Commissioner.

(d) The school district and the contracting private provider or local Head Start agency may terminate the preschool program contract by mutual agreement, in writing, upon notice to and receipt of written approval from the Department.

A termination under this provision shall take effect upon the 30th day from the date the school district and the contracting private provider or local Head Start agency receive written approval from the Department to terminate the preschool program contract.

(e) Upon non-renewal or termination, the school district shall recover from the contracting private provider or local Head Start agency all playground materials, playground equipment both installed and uninstalled, start-up classroom materials and technology, or the monetary equivalent thereof, based upon funding for the items as approved by the Department. The amount to be recovered shall be at least equal to the amount approved for the initial start-up costs.

(f) In the event of non-renewal or termination of the preschool program contract by the school district or the contracting private provider or local Head Start agency, the contracting private provider or local Head Start agency may be required by the school district to continue the service until the school district has found an appropriate placement for all children. At no time shall the contracting private provider or local Head Start agency be required to continue and be reimbursed for the service for more than 90 days beyond the expiration date of the existing preschool program contract.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Inserted "contracting" preceding "private provider" throughout; in (b)1, inserted "and provide a timeframe for compliance"; in (c), substituted "Contracting private" for "Private"; and in (f), substituted "90" for "ninety".

Subchapter 10 FISCAL OVERSIGHT

N.J. Admin. Code § 6A:13A-10.1 School district fiscal responsibilities

(a) The district board of education shall ensure that the budget of each private provider and local Head Start agency supports and aligns with the children's needs and the actual program costs for the six-hour comprehensive educational program and day, meets the Department's requirements, and aligns with the school district's grade one through 12 daily school calendar, not exceeding the 10-month academic period.

(b) The district board of education shall ensure that procedures for contracting private providers and local Head Start agencies are in place to ensure sound fiscal practices including:

The district board of education shall verify for accuracy and efficiency of annual budget planning workbooks submitted by each contracting private provider and local Head Start agency prior to submission to the Department of the school district budget planning workbook.
The district board of education shall ensure that compensation for certified teachers and teacher assistants in contracting private provider or local Head Start settings is comparable to compensation for a teacher or teacher assistant employed by the district board of education and is based on equivalent certification and credentials.

i. The district board of education shall ensure that the certified teachers and teacher assistants in contracting private providers and local Head Start agencies receiving the comparable compensation meet comparable work schedule requirements for both student contact time and teacher contract time, including the equivalent number of hours per day and the equivalent number of days per contract year established by the district board of education for its certified teachers and teacher assistants. The work schedule shall also include the same amount of preparation time and lunch time as the district board of education certified teachers and teacher assistants.

The district board of education shall monitor at least quarterly the expenditures of each contracting private provider and local Head Start agency and shall recoup any unexpended or misspent funds based on the quarterly expenditure reports, enrollment records, and monthly payments made by the school district.
The district board of education shall request regular updates on the status of any corrective action plans or outstanding issues raised as a result of a limited examination or audit report.
The district board of education shall establish the procedure by which preschool enrollment and attendance is submitted to the district board of education by the contracting private provider and local Head Start agency and verified by the district board of education.

(c) The district board of education shall verify the credentials and progress toward obtaining the appropriate certification or credentials, where applicable, of all preschool teaching staff in a contracting private provider and local Head Start agency and shall verify that all required background and criminal checks on all employees have been conducted.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In (b) and (c), inserted "contracting" preceding "private provider" and "private providers" throughout; in (b)1, substituted "annual budget planning workbooks" for "all annual budgets" and inserted "district" and "planning workbook"; in (b)3, substituted "contracting" for "contracted"; and in (b)5, inserted "enrollment and".

N.J. Admin. Code § 6A:13A-10.2 Private provider and local Head Start agency fiscal responsibilities

(a) Any private provider or local Head Start agency contracting with a school district to provide a full-day preschool program pursuant to this chapter shall implement sound fiscal practices including, but not limited to:

Maintaining a financial management system that provides timely, accurate, current, and complete disclosure of all financial activities related to the preschool program operating under Preschool Education Aid and in accordance with generally accepted accounting principles;
Certifying the proposed budget planning workbook, as submitted to the district board of education, is true and accurate;
Making all educational, administrative, and indirect support cost expenditures in strict accordance with the budget planning workbook approved by the district board of education and, as appropriate, by the Department;
Submitting to the district board of education a quarterly report of actual, approvable, reasonable, and customary expenditures with supporting documentation and receipts.

i. The quarterly report shall include expenditures for all approved budget lines for the school year, including all approved salaries, benefits, payroll taxes, substitute stipends, classroom materials and supplies, start-up classroom materials/supplies and technology, if applicable, field trips and associated transportation, space costs, food costs, and administrative and indirect costs expenditures. The quarterly report shall be signed and certified by an officer of the corporation;

Posting revenue and expenditures related to Preschool Education Aid to separate accounts in the contracting private provider and local Head Start agency general ledger and not commingling with revenue and expenditures related to other funding sources;
Requesting from the district board of education any budget transfer(s) or budget planning workbook amendment(s) to the approved budget planning workbook, or:

i. If the Department approved a private provider budget planning workbook based on a line-item review, amendments to or budget transfers within the approved budget planning workbook shall be approved by the district board of education. When applicable, private provider budget transfers shall also be subject to Department notification and/or approval; and

Making all financial and program information available for inspection at any time to the school district or Department designee.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), substituted "Any" for "The", "or" for "and" and inserted "contracting with a school district to provide a full-day preschool program pursuant to this chapter"; in (a)2, inserted "planning workbook" and inserted a comma following "education"; in (a)3, inserted "planning workbook approved by the district board of education and, as appropriate, also" and deleted "district board of education and" preceding "Department"; in (a)4i, inserted "associated"; in (a)5, substituted "contracting" for "contracted"; and rewrote (a)6.

Subchapter 11 APPEALS

N.J. Admin. Code § 6A:13A-11.1 Preschool program appeals

(a) Appeals of Department decisions on preschool program plans and/or annual updates and budget applications shall proceed as follows:

The Department shall issue to school districts on or before April 1st program and budget decisions, which shall ensure, at a minimum, that an appropriate program and budget are planned to provide for the implementation of a high-quality preschool program.
A school district may file an appeal of their preschool program plan and/or annual update and budget decision with the Commissioner, pursuant to N.J.A.C. 6A:3, Controversies and Disputes. The appeal generally shall proceed as a contested case except as noted in this subchapter.

(b) Any appeal filed pursuant to this subchapter shall include, in addition to the petition required under (a)2 above, a copy of the complete application submitted to the Department and a copy of the determination from which the appeal is taken.

History

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), inserted "and/or annual update"; and in (a)2, substituted "their preschool program plan and/or annual update" for "the preschool program plans".

N.J. Admin. Code § 6A:13A-11.2 Review of pleadings

(a) Upon review of the petition, answer, and supporting documentation, the Commissioner may decide to hear the matter directly pursuant to N.J.S.A. 52:14F-8 or refer the matter to the Office of Administrative Law.

(b) If the Commissioner decides to transmit the matter to the Office of Administrative Law for a hearing, where appropriate and/or requested, the Commissioner shall request that the matter be heard on an expedited basis.

(c) If the Commissioner is hearing the matter directly, the Commissioner shall use the procedures for motions for summary decision set forth at N.J.A.C. 1:1-12.5. In addition, the Commissioner shall promptly notify the parties and provide them the opportunity to submit any additional document(s) previously submitted to, or considered by, the Department in rendering the appealed decision. If the Commissioner determines, upon review of the papers submitted, there are one or more genuine issues of material fact in dispute that can be determined only in an evidentiary proceeding, the Commissioner may transmit the matter to the Office of Administrative Law as a contested case or retain the matter for an evidentiary hearing, pursuant to N.J.S.A. 52:14F-8.

History

Amended by 54 N.J.R. 1595(b), effective 8/15/2022

N.J. Admin. Code § 6A:13A-11.3 Commissioner review and decision

(a) If the Commissioner retains the matter, pursuant to N.J.A.C. 6A:13A-11.2, upon receipt of the filings set forth at N.J.A.C. 6A:13A-11.1 and 11.2, or upon expiration of the time to file all submissions, the Commissioner shall review the total record before the Commissioner and render a written decision.

(b) In rendering decisions pursuant to this chapter, the Commissioner shall apply the standards set forth for Department review in the operative rules for the type of application in dispute. The burden of proof shall be on the petitioning party to demonstrate the standards were met by the applicant notwithstanding the Department's determination to the contrary. The record on appeal shall consist of documents and information submitted to the Department in support of the application and any additional information relied upon by the Department in making the determination at issue.

History

Amended by 54 N.J.R. 1595(b), effective 8/15/2022

Chapter 14 SPECIAL EDUCATION

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:14-1.1 General requirements

(a) The rules in this chapter supersede all rules in effect prior to September 5, 2006, pertaining to students with disabilities.

(b) The purpose of this chapter is to:

Ensure that all students with disabilities as defined in this chapter, including students with disabilities who have been suspended or expelled from school, have available to them a free, appropriate public education as that standard is set under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 et seq.);
Ensure that the obligation to make a free, appropriate public education available to each eligible student begins no later than the student's third birthday and that an individualized education program is in effect for the student by that date;
Ensure that a free, appropriate public education is available to any student with a disability who needs special education and related services, even though the student is advancing from grade to grade;
Ensure that the services and placement needed by each student with a disability to receive a free, appropriate public education are based on the student's unique needs and not on the student's disability;

Ensure that students with disabilities are educated in the least restrictive environment;

Ensure the provision of special education and related services;
Ensure that the rights of students with disabilities and their parents are protected;
Assist public and private agencies providing educational services to students with disabilities; and
Ensure the evaluation of the effectiveness of the education of students with disabilities.

(c) The rules in this chapter shall apply to all public and private education agencies providing publicly funded educational programs and services to students with disabilities.

Programs and services shall be provided to students age three through 21.

Programs and services may be provided by a district board of education at its option to students below the age of three and above the age of 21.

Each district board of education shall provide information regarding services available through other State, county, and local agencies to parents of children with disabilities below the age of three.

(d) Each district board of education is responsible for providing a system of free, appropriate special education and related services to students with disabilities age three through 21 that shall:

Be provided at public expense, under public supervision, and with no charge to the parent;
Be administered, supervised, and provided by appropriately certified and qualified professional staff members;
Be located in facilities that are accessible to students with disabilities; and
Meet all requirements of this chapter.

(e) With the exception of students placed in nonpublic schools according to N.J.A.C. 6A:14-6.5, all students with disabilities shall be placed in facilities or programs that have been approved by the Department of Education according to N.J.S.A. 18A:46-14 and 15.

(f) Each district board of education shall ensure that the hearing aids worn by students who are deaf and/or hard of hearing are functioning properly.

(g) All special education programs and services provided under this chapter shall be subject to review and approval by the Department of Education.

(h) All public and private agencies that provide educational programs and services to students with disabilities shall maintain documentation demonstrating compliance with this chapter.

(i) A school district shall not require a student to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. §§ 801 et seq.) as a condition of attending school, receiving an evaluation for eligibility for special education and related services, or for receiving special education and related services.

History

Modified by Executive Order No. 103(2020) 52 N.J.R. 976(a), effective 4/1/2020

N.J. Admin. Code § 6A:14-1.2 District board of education eligibility for assistance under IDEA Part B

(a) For the purposes of this section, each district board of education and State agency program that acts as a district board of education is eligible for assistance under IDEA Part B for a fiscal year by having a special education plan that demonstrates to the satisfaction of the Department of Education, through the county office of education (county office), that the plan meets the conditions of (b) through (f) below.

If a district board of education has on file with the Department of Education through the county office, a plan consisting of policies and procedures that have been approved by the county office, including policies and procedures approved under Part B of the IDEA in effect before December 3, 2004, the district board of education shall be considered to have met the requirements for receiving assistance under Part B.
Amendments to policies, procedures, and programs shall be made according to the following:

i. The approved policies, procedures, and programs submitted by a district board of education shall remain in effect until the county office approves amendments the district board of education deems necessary; or

ii. If the provisions of the IDEA Amendments of 2004 or its regulations are amended, or there is a new legally binding interpretation of the IDEA by Federal or State courts, or there is an official finding of noncompliance with Federal or State law or regulations, the Department of Education, through the county office, shall require the district board of education to modify its policies, procedures, and programs only to the extent necessary to ensure compliance with Federal and/or State requirements.

(b) Each district board of education shall have policies, procedures, and programs that are approved by the Department of Education, through the county office, that are in effect to ensure the following:

A free, appropriate public education according to N.J.A.C. 6A:14-1.1(b)1 is available to all students with disabilities between the ages of three and 21, including students with disabilities who have been suspended or expelled from school;
Full educational opportunity is provided to all students with disabilities;
All students with disabilities who are in need of special education and related services, regardless of the severity of their disabilities, including students with disabilities attending nonpublic schools, are located, identified, and evaluated according to N.J.A.C. 6A:14-3.3;
Homeless students who are located, identified, evaluated, and determined eligible are provided special education and related services in accordance with the IDEA, including the appointment of a surrogate parent for unaccompanied homeless youths as defined at 42 U.S.C. §§ 11431 et seq.;
An individualized education program (IEP) is developed, reviewed, and, as appropriate, revised according to N.J.A.C. 6A:14-3.6 and 3.7;
To the maximum extent appropriate, students with disabilities are educated in the least restrictive environment according to N.J.A.C. 6A:14-4.2;
Students with disabilities are afforded the procedural safeguards required by N.J.A.C. 6A:14-2;
Students with disabilities are evaluated according to N.J.A.C. 6A:14-2.5 and 3.4;
The compilation, maintenance, access to, and confidentiality of student records are in accordance with N.J.A.C. 6A:32-7, Student Records;
Children with disabilities participating in early intervention programs assisted under IDEA Part C who will participate in preschool programs under this chapter experience a smooth transition and, by the student's third birthday, an IEP has been developed and is being implemented according to N.J.A.C. 6A:14-3.3(e);
Services are provided to students with disabilities who are placed by their parents in nonpublic schools according to N.J.A.C. 6A:14-6.1 and 6.2;
Students with disabilities who are placed in approved private schools for students with disabilities or in schools pursuant to N.J.S.A. 18A:46-14 by the district board of education are provided special education and related services at no cost to their parents;
All personnel serving students with disabilities are appropriately certified and licensed, where a license is required, in accordance with State and Federal law;
The professional development needs for professional and paraprofessional staff who provide special education, general education, or related services are identified and appropriate in-service training is provided;

i. The district board of education shall maintain information to demonstrate its efforts to:

(1) Prepare general and special education personnel with the content knowledge and collaborative skills needed to meet the needs of students with disabilities;

(2) Enhance the ability of teachers, paraprofessionals, and related service providers to use strategies, such as positive behavioral supports and interventions, to address the conduct of students with disabilities that impedes student learning;

(3) Acquire and disseminate to teachers, administrators, district board of education members, and related services personnel, significant knowledge derived from educational research and other sources and how the school district will, if appropriate, adopt promising practices, materials, and technology;

(4) Ensure that the in-service training is integrated to the maximum extent possible with other professional development activities; and

(5) Provide joint training activities for parents and special education, related services, and general education personnel;

Students with disabilities are included in all Statewide and districtwide assessment programs with appropriate accommodations, where necessary;
Instructional materials will be provided to students who are blind or have print disabilities in a timely manner, consistent with a plan developed by the school district;
For students with disabilities who are potentially eligible to receive services from the New Jersey Children's System of Care, within the Division of Children and Families (formerly provided by the Division of Developmental Disabilities in the Department of Human Services), the school district will provide to parents, pursuant to the Developmentally Disabled Uniform Application Act, N.J.S.A. 30:4-25.10 et seq., the necessary materials to apply for such services;

When the school district utilizes electronic mail, parents are informed as to whether they may use electronic mail to submit requests to school officials regarding referral, identification, evaluation, classification, and the provision of a free, appropriate public education. If this is permitted, parents shall be informed of the procedures to access the electronic mail system; and

A plan is in effect 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 services.

(c) Each district board of education shall provide the Department of Education written assurance of its compliance with the requirements of (b)1 through 19 above.

(d) In accordance with instructions from the Department of Education, each district board of education shall describe annually how it will use the funds under Part B of the IDEA during the next school year.

(e) Annually, each district board of education shall provide the Department of Education:

A report of the numbers of students with disabilities according to their Federal disability category, age, racial-ethnic background, and placement;
A report of the staff, including contracted personnel, providing services to identify, evaluate, determine eligibility, and develop IEPs, and providing related services and/or instruction to students with disabilities, as well as the full-time equivalence of their assignments and relevant information on current and anticipated personnel vacancies and shortages; and
Any additional data reports as required by the Department of Education to comply with the IDEA (20 U.S.C. §§ 1400 et seq.), including, but not limited to, the number of students with disabilities who:

i. Are exiting education;

ii. Are subject to suspensions and expulsions;

iii. Have been removed to interim alternative education settings;

iv. Are participating in Statewide assessments; and

v. Have achieved preschool and postsecondary transition outcomes.

(f) In addition to the reports in (e) above, each district board of education shall submit to the Department of Education other reports upon request, including, but not limited to, the number of students with disabilities by racial-ethnic group identified as potentially disabled, evaluated, and newly classified.

(g) The district board of education shall make available to parents of students with disabilities and to the general public, all documents relating to the eligibility of the district board of education under Part B of the IDEA.

(h) Each district board of education shall ensure that a special education parent advisory group is in place in the school district to provide input to the school district on issues concerning students with disabilities.

History

Amended by 47 N.J.R. 419(a), effective 2/2/2015

N.J. Admin. Code § 6A:14-1.3 Definitions

Words and terms, unless otherwise defined below, when used in this chapter, shall be defined in the same manner as those words and terms are defined and used in the IDEA (20 U.S.C. §§ 1400 et seq.) and its implementing regulations at 34 CFR Part 300, which terms are incorporated by reference herein.

"Adaptive behavior" means the ability to demonstrate personal independence and social responsibility according to age and socio-cultural group expectations.

"Adult student" means a person who has attained age 18, who is not under legal guardianship, and who is entitled to receive educational programs and services in accordance with Federal or State law or regulation.

"Alternate assessment" means the same as "alternative assessment for students with disabilities" as defined at N.J.A.C. 6A:8-1.3.

"Approved private school for students with disabilities" means an incorporated entity approved by the Department of Education according to N.J.A.C. 6A:14-7.2 or 7.3 to provide special education and related services to students with disabilities placed by the district board of education responsible for providing their education.

"Assistive technology device" is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations at 34 CFR Part 300, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix F.

"Assistive technology service" is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations at 34 CFR Part 300, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix G.

"Consent" means agreement in writing that is required by this chapter. Consent shall be obtained from the parent having legal responsibility for educational decision making. The district board of education shall ensure that the parent:

Has been fully informed of all information relevant to the activity for which consent is being sought, in his or her native language or other mode of communication;
Understands and agrees, in writing, to the implementation of the activity for which consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom;
Understands that the granting of consent is voluntary and may be revoked at any time; and
If the parent revokes consent, that revocation is not retroactive (that is, it does not negate an action that has occurred after the consent was given and before the consent was revoked).

"Custody" means that a child has been removed from the care of his or her parent(s) by the State agency empowered to do so and the right of the parent(s) to make educational decisions on behalf of the child has been terminated by a court of appropriate jurisdiction.

"Department of Education" means the New Jersey Department of Education.

"District board of education" means, except as defined otherwise, the school district of residence, the charter school board of trustees, the renaissance school project board of trustees, the State agency, or other public education agency that acts as the school district of residence for the location, identification, evaluation, determination of eligibility, development of an IEP and the provision of a free, appropriate public education to students with disabilities.

"Dyslexia" means a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

"Early childhood program" means a general education program for students ages three through five operated by an agency other than a district board of education. The early childhood program shall be licensed or approved by the Department of Children and Families.

"Extended school year services" means special education and related services that are provided to a student with a disability beyond the normal school year in accordance with the student's IEP at no cost to the parent.

"General Statewide assessment" means a Statewide assessment given to all students of a particular grade level except for those students with disabilities whose IEP specifies that they will participate in the alternate proficiency assessment.

"Individualized education program" (IEP) means a written plan that sets forth a student's present levels of academic achievement and functional performance, measurable annual goals, and short-term objectives or benchmarks and describes an integrated, sequential program of individually designed instructional activities and related services necessary to achieve the stated goals and objectives. This plan shall establish the rationale for the student's educational placement, serve as the basis for program implementation, and comply with the mandates set forth in this chapter.

"IEP team" means the group of individuals who are responsible for the development, review, and revision of a student's IEP. The members of the IEP team are listed at N.J.A.C. 6A:14-2.3(k)2.

"Native language" means the language or mode of communication normally used by a person with a limited ability to speak or understand the English language. In the case of a student, the native language is the language normally used by his or her parents. Except that in all direct contact with a student (including evaluation of the child), the native language is the language normally used by the student in the home or in the learning environment. The IEP team shall determine a student's native language.

"Nonpublic school" means an elementary or secondary school, other than a public school, within the State providing education in kindergarten through grade 12, or any combination of grades in which a student age five through 20 may fulfill compulsory school attendance and that complies with Title VI of the Civil Rights Act of 1964 ( P.L. 88-352).

"Nonpublic school student" means any student who is enrolled full time in a nonpublic school. A student who boards at a nonpublic school shall be considered a resident of the school district in which the parent resides.

"Office" means the Office of Special Education Policy and Dispute Resolution in the Department of Education.

"Parent" means the natural or adoptive parent, the legal guardian, resource family parent when willing to so serve, a surrogate parent who has been appointed according to N.J.A.C. 6A:14-2.2, 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). Unless parental rights have been terminated by a court of appropriate jurisdiction, the parent retains all rights under this chapter. For the purposes of this chapter, the term "parent" shall include an adult student.

"Referral" means the written request for an initial evaluation to determine whether a student is eligible for services under this chapter.

"Related services" is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix B.

"Special education" is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix C.

"Speech-language specialist" means speech-language specialist or speech-language specialist-equivalent.

"Statewide assessment" means the same as "assessment" as defined at N.J.A.C. 6A:8-1.3 and includes the alternate assessment.

"Student" means a person age three through 21 who is entitled to receive educational programs and services in accordance with Federal or State law or regulation.

"Student age" means the school age of a student as defined by the following:

"Age three" means the attainment of the third birthday. Children with disabilities attaining age three shall have a free, appropriate public education available to them provided by the district board of education.
"Age five" means the attainment of age five by the month and day established by the district board of education as the kindergarten entrance cutoff date. Students with disabilities attaining age five after the kindergarten entrance cutoff date shall continue to be provided preschool services for the balance of that school year.
"Age 21" means the attainment of the 21st birthday by June 30 of that school year. Students with disabilities attaining age 21 during the school year shall continue to be provided services for the balance of that school year.

"Student with a disability" means a student who has been determined to be eligible for special education and related services according to N.J.A.C. 6A:14-3.5 or 3.6.

"Transition services" for students age 16 or older is defined in accordance with the definition of the term set forth in IDEA and its implementing regulations, incorporated by reference herein, and reproduced at N.J.A.C. 6A:14 Appendix D. For students under age 16, "transition services" is defined as set forth at N.J.A.C. 6A:14-3.7(e)11.

"Virtual instruction" means the same as that term is defined pursuant to N.J.A.C. 6A:32-2.1.

"Ward of the State" means a student who, pursuant to an order of a court of competent jurisdiction, is under the guardianship of a State agency, is a child in resource family care for whom the resource family parent is not the student's parent, or is a student who, pursuant to an order of a court of competent jurisdiction, is in the custody of the State child welfare agency.

History

Amended by 47 N.J.R. 419(a), effective 2/2/2015

Subchapter 2 PROCEDURAL SAFEGUARDS

N.J. Admin. Code § 6A:14-2.1 General requirements

(a) Prior to receiving a high school diploma, a student with a disability age 16 through 21 who voluntarily leaves a public school program may reenroll at any time up to and including the school year of his or her 21st birthday.

(b) Upon request by a parent, each district board of education shall provide copies of special education statutes (N.J.S.A. 18A:46-1 et seq.), special education rules (N.J.A.C. 6A:14), student records rules (N.J.A.C. 6A:32), and/or low cost legal or other services relevant to a due process hearing and due process rules (N.J.A.C. 1:6A).

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (b), deleted reference to adult students.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (b), updated the N.J.A.C. reference for student records rules; deleted (c).

N.J. Admin. Code § 6A:14-2.2 Surrogate parents, wards of the State, and resource family parents

(a) Each district board of education or responsible State agency shall ensure that the rights of a student are protected through the provision of an individual to act as surrogate for the parent and assume all parental rights under this chapter when:

The parent cannot be identified;
The parent cannot be located after reasonable efforts;
An agency of the State of New Jersey has guardianship of the student or the student is determined a ward of the State and, if the student is placed with a resource family parent, the resource family parent declines to serve as the student's parent; or
The student is an unaccompanied youth as that term is defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434(a)6) and N.J.A.C. 6A:17-1.2.

(b) A district board of education shall make reasonable efforts to appoint a surrogate parent within 30 days of the determination that a surrogate parent is needed for a student.

(c) If the district board of education fails to appoint a surrogate parent for a ward of the State, a judge may appoint a surrogate parent if the judge determines a surrogate parent is necessary for such student.

(d) Each district board of education or responsible State agency shall establish a method for selecting and training surrogate parents.

(e) The person serving as a surrogate parent shall:

Have no interest that conflicts with the interest of the student he or she represents;
Possess knowledge and skills that ensure adequate representation of the student;
Not be replaced without cause;
Be at least 18 years of age; and
Complete a criminal history review, pursuant to N.J.S.A. 18A:6-7.1, if the person serving as the surrogate parent is compensated.

(f) The person(s) serving as a surrogate parent may not be an employee of the Department of Education, the district board of education, or a public or nonpublic agency that is involved in the education or care of the child. A surrogate parent may be paid solely to act in that capacity.

(g) When a student who is or may be a student with a disability is in the care of a resource family parent, and the resource family parent is not the parent of the student, the district board of education where the resource family parent resides shall contact the student's case manager at the Division of Child Protection and Permanency (DCP&P) in the Department of Children and Families to:

Determine whether the parent retains the right to make educational decisions; and
Determine the whereabouts of the parent.

(h) If the parent retains the right to make educational decisions and the parent's whereabouts are known to the district board of education, the district board of education shall obtain all required consent from, and provide written notices to, the parent.

(i) If the district board of education cannot ascertain the whereabouts of the parent, the resource family parent shall serve as the parent, unless that person is unwilling to do so. If there is no resource family parent, or the resource family parent is unwilling to serve as the student's parent, the district board of education shall consult with the student's case manager at DCP&P to assist in identifying an individual to serve as a surrogate parent, appointing a surrogate parent, and obtaining all required consent from, and providing written notices to, the surrogate parent.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Rewrote the section.
Amended by R.2001 d.397, effective 11/5/2001.
See: 33 N.J.R. 2375(a), 33 N.J.R. 3735(b).
In (d), inserted "a" preceding "public", "or nonpublic" preceding "agency", and substituted "that is involved in the education or care of the child" for "providing services to the student".
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Section was "Surrogate parents and foster parents". Rewrote the section.
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-2.3 Parental consent, notice, participation, and meetings

(a) Consent shall be obtained:

Prior to conducting any assessment as part of an initial evaluation;
Prior to implementation of the initial IEP resulting from (a)1 above;
Prior to conducting any assessment as part of a reevaluation, except that consent is not required if the district board of education can demonstrate that it had taken reasonable measures, consistent with (k)7 below, to obtain consent and the parent failed to respond;

Prior to the release of student records in accordance with N.J.A.C. 6A:32-7;

Each time a district board of education seeks to access private insurance covering a student with a disability;
Prior to the first time a district board of education seeks to access a child's or parent's public benefits or insurance covering a student with a disability in accordance with 34 CFR 154(d);
Whenever a member of the IEP team is excused from participating in a meeting pursuant to (k) below;
Whenever an IEP is amended without a meeting pursuant to N.J.A.C. 6A:14-3.7(d); and
Whenever a parent and district board of education agree to waive a reevaluation pursuant to N.J.A.C. 6A:14-3.8(a).

(b) For a ward of the State, a district board of education shall make reasonable efforts to obtain parental consent for an initial evaluation. If, after reasonable efforts, the parent cannot be found, or parental rights have been terminated, or subrogated for purposes of consenting to eligibility by a court of competent jurisdiction and consent has been given by an individual the court has appointed, parental consent need not be obtained for an initial evaluation.

(c) When a parent refuses to provide consent for implementation of the initial IEP, no IEP shall be finalized and the district board of education may not seek to compel consent through a due process hearing. However, if a parent refuses special education and related services on behalf of a student, the district board of education shall not be determined to have denied the student a free, appropriate public education because the student failed to receive necessary special education and related services, nor shall the district board of education be determined in violation of its child-find obligation solely because it failed to provide special education or related services to a student whose parents refused to provide consent for implementation of the initial IEP. For the action set forth in (a)1, 3, and 4 above, if a parent refuses to provide consent and the district board of education and the parent have not agreed to other action, the district board of education may request a due process hearing according to N.J.A.C. 6A:14-2.7(b) to obtain consent.

(d) Upon receipt of consent, the district board of education shall implement without delay the action for which consent was granted.

(e) Written consent may be revoked by the parent, in writing, at any time.

Revocation of consent shall not be retroactive, and revocation shall not negate any action that occurred after consent was provided and before consent was revoked.

If consent for special education and related services is revoked by the parent, the district board of education shall not file for a due process hearing or otherwise institute any legal proceeding seeking to overturn the parent's determination.
When a parent revokes consent for special education and related services, the district board of education shall provide written notice to the parent within 10 days of receipt of the written revocation of consent. The district board of education shall cease providing special education and related services to the student after the expiration of the 15-calendar-day notice period unless the parent rescinds the revocation of consent, in writing, within that time period.
If a parent revokes consent for special education and related services on behalf of a student, the district board of education shall not be determined to have denied the student a free, appropriate public education because the student failed to receive necessary special education and related services, nor shall the district board of education be determined in violation of its child-find obligation solely because it failed to provide special education or related services to a student whose parents revoked consent for implementation of services.

(f) Written notice that meets the requirements of this section shall be provided to the parent when a district board of education:

Proposes to initiate or change the identification, classification, evaluation, or educational placement of the student or the provision of a free, appropriate public education to the student; or
Declines to initiate or change the identification, classification, evaluation, or educational placement of the student or the provision of a free, appropriate public education to the student.

(g) Written notice shall be in language understandable to the general public, and shall be provided in the native language of the parent, unless it is clearly not feasible to do so according to N.J.A.C. 6A:14-2.4. Written notice shall include:

A description of the action proposed or denied by the district board of education;
An explanation of why the district board of education is taking such action;
A description of any options the district board of education considered and the reasons why those options were rejected;
A description of the procedures, tests, records or reports, and factors used by the district board of education in determining whether to propose or deny an action;
A description of any other factors that are relevant to the action proposed or denied by the district board of education;
A statement that the parents of a student with a disability have protection under the procedural safeguards of this chapter, the means by which a copy of a description of the procedural safeguards can be obtained, and sources for parents to contact to obtain assistance in understanding the provisions of this chapter; and
A copy of the procedural safeguards statement published by the Department of Education that contains a full explanation of the procedural safeguards available to parents shall be provided only one time per year, except that a copy shall also be provided:

i. Upon referral for an initial evaluation;

ii. Upon request by a parent;

iii. When a request for a due process hearing is submitted to the Department of Education;

iv. When a request for a complaint investigation is submitted to the Department of Education; and

v. When a student is removed for disciplinary reasons and the removal constitutes a change in placement as described in N.J.A.C. 6A:14-2.8.

(h) Written notice according to (g) above shall be provided to the parent as follows:

The district board of education shall provide written notice no later than 15 calendar days after making a determination;
The district board of education shall provide written notice at least 15 calendar days prior to the implementation of a proposed action so that the parent may consider the proposal. The proposed action may be implemented sooner, if the parent agrees in writing;
The district board of education shall implement the proposed action after the opportunity for consideration in (h)2 above has expired unless:

i. The parent disagrees with the proposed action and the district board of education takes action in an attempt to resolve the disagreement; or

ii. The parent requests mediation or a due process hearing according to N.J.A.C. 6A:14-2.6 or 2.7. A request for mediation or a due process hearing prior to the expiration of the 15th calendar day in (h)2 above shall delay the implementation of the proposed action according to N.J.A.C. 6A:14-2.6(d)10 or 2.7(u).

The school district of residence may provide written notice less than 15 calendar days prior to the implementation of a disciplinary action according to N.J.A.C. 6A:14-2.8(b) when the IEP team and other appropriate personnel of the district board of education determine that disciplinary action requires immediate implementation. Such written notice shall be provided in accordance with the following:

i. The notice shall specify when the disciplinary action will be implemented and shall meet all other requirements according to (g) above. Documentation of the notice shall be maintained and shall include the reason(s) that notice for less than 15 calendar days was warranted.

ii. During the pendency of mediation or due process related to the disciplinary action the student shall be placed in accordance with 20 U.S.C. § 1415(k) and N.J.A.C. 6A:14-2.8.

Upon receipt of any written parental request to initiate or change the referral, identification, classification, evaluation, educational placement, or the provision of a free, appropriate public education, a response that meets the requirements of written notice in (g) above shall be provided to the parent within 20 calendar days, excluding district board of education holidays but not summer vacation.

i. When a meeting is required to make the determination and respond to the parental request, the meeting shall be conducted, and a determination made, within 20 calendar days, excluding district board of education holidays but not summer vacation. Written notice of the determination shall be provided within 15 calendar days of the meeting.

(i) When a determination is made to conduct or not to conduct an initial evaluation, the parent shall be provided with copies of the special education rules (N.J.A.C. 6A:14) and due process hearing rules (N.J.A.C. 1:6A) in addition to the notice required in (g) above.

(j) A district board of education shall take steps to ensure that the parent is given the opportunity to participate in meetings regarding the identification, evaluation, classification, or educational placement of, or the provision of a free, appropriate public education to, the student.

(k) Meetings to determine eligibility and develop an IEP shall be combined, if feasible, as long as the requirements for notice of a meeting according to (g) above and (k)3 through 5 below are met.

Any eligibility meeting for students classified according to N.J.A.C. 6A:14-3.5(c) shall include the following participants:

i. The parent;

ii. A teacher who is knowledgeable about the student's educational performance or, if there is no teacher who is knowledgeable about the student's educational performance, a teacher who is knowledgeable about the school district's programs;

iii. The student, where appropriate;

iv. At least one child study team member who participated in the evaluation;

v. The case manager;

vi. Other appropriate individuals at the discretion of the parent or district board of education; and

vii. For an initial eligibility meeting, certified district board of education personnel referring the student as potentially having a disability, or the school principal or designee, if they choose to participate.

Meetings of the IEP team shall include the following participants:

i. The parent;

ii. At least one general education teacher of the student, if the student is or may be participating in the general education classroom;

(1) If the student has no general education teacher, a general education teacher who is knowledgeable about the school district's programs shall participate;

(2) As a member of the IEP team, the general education teacher must participate, to the extent appropriate, in the development, review, and revision of the student's IEP;

(3) The general education teacher shall assist in the determination of appropriate positive behavioral interventions and strategies; and

(4) The general education teacher shall assist in the determination of supplementary aids and services, program modifications, or supports for district board of education personnel that will be provided for the student;

iii. At least one special education teacher of the student or, where appropriate, at least one special education provider of the student;

(1) If there is no special education teacher or special education provider of the student, a special education teacher or provider who is knowledgeable about the school district's programs shall participate;

iv. At least one child study team member who can interpret the instructional implications of evaluation results;

v. The case manager;

vi. A representative of the responsible district board of education who:

(1) Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities;

(2) Is knowledgeable about the general education curriculum;

(3) Is knowledgeable about the availability of resources of the district board of education; and

(4) Shall be the child study team member or other appropriate district board of education personnel, including the special education administrator or principal;

vii. At the discretion of the parent or district board of education, other individuals who have knowledge or special expertise regarding the student, including related services personnel, as appropriate;

(1) The determination of the special knowledge or expertise shall be made by the party (parent or district board of education) who invited the individual;

viii. The student where appropriate;

ix. At the request of the parent, the Part C Service Coordinator for a student transitioning from Part C to Part B; and

x. If a purpose of the meeting is to consider transition services, the student with disabilities and a representative of any other agency that is likely to be responsible for providing or paying for transition services shall be invited to attend the IEP meeting.

Parents shall be given written notice of a meeting early enough to ensure that they will have an opportunity to attend.
Meetings shall be scheduled at a mutually agreed upon time and place. If a mutually agreeable time and place cannot be determined, the parent(s) shall be provided the opportunity to participate in the meeting through alternative means, such as videoconferencing and conference calls.
Notice of meetings shall indicate the purpose, time, location, and participants.

i. The notice of an IEP meeting shall inform the parents of the provisions in (k)2vii and (k)2vii(1) above relating to the participation of other individuals on the IEP team who have knowledge or special expertise.

ii. When a purpose of an IEP meeting for a student with a disability beginning at age 14, or younger, if appropriate, is a discussion of transition services, the notice of the IEP meeting shall indicate that:

(1) A purpose of the meeting will be the development of the transition services for the student; and

(2) The district board of education will invite the student;

iii. When a purpose of an IEP meeting for a student with a disability beginning at age 16, or younger, if appropriate, is a discussion of needed transition services, the notice of the IEP meeting shall:

(1) Indicate that a purpose of the meeting is the consideration of transition services for the student;

(2) Indicate that the district board of education will invite the student; and

(3) Identify any other agency that will be invited to send a representative.

If the parent cannot attend the meeting(s), the chief school administrator or designee shall attempt to ensure parental participation. Parental participation may include the use of electronic conference equipment to conduct a videoconference or conference call.
A meeting may be conducted without the parent in attendance if the district board of education can document that it is unable to secure the participation of the parent. The district board of education shall maintain a record of its attempts to arrange the meeting, including, but not limited to:

i. Detailed records of telephone calls made or attempted and the results of those calls;

ii. Copies of correspondence sent to the parents and any responses received; and

iii. Detailed records of visits made to the parent's home or place of employment and the results of those visits.

Participants at the IEP meeting shall be allowed to use an audio-tape recorder during the meeting, provided notice is given to the other participants prior to the start of the meeting that such a device is being utilized.
A member of the IEP team whose area of the curriculum or related services is not being modified or discussed may be excused from participation in the meeting, in whole or in part, provided the parent and district board of education agree that the IEP team member need not attend the meeting and the parent consents to such excusal in writing.

i. All requests for consent for excusal of an IEP team member shall be included with the notice of the meeting date and participants to ensure sufficient time for the parent to review and consider the request.

A member of the IEP team whose area of the curriculum or related services is being modified or discussed may be excused from participation in the meeting, in whole or in part, provided the parent and district board of education agree that the IEP team member need not attend the meeting and the parent consents to such excusal in writing.

i. If there is a request to excuse a team member from the meeting, such member shall provide written input with respect to their area of the curriculum or related services. The written input shall be provided to the parent with the notice of the IEP meeting date and participants to ensure sufficient time for the parent to review and consider the request.

ii. All requests for consent for excusal of IEP team member shall be included with the notice of the meeting date and participants to ensure sufficient time for the parent to review and consider the request.

(l) The following activities shall not be considered a meeting that requires parental participation:

Informal or unscheduled conversations involving district board of education personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not addressed in the student's IEP; and
Preparatory activities that district board of education personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

(m) Except when a parent has obtained legal guardianship, all rights under this chapter shall transfer to the student upon attainment of the 18th birthday. The district board of education shall provide the adult student and the parent with written notice that the rights under this chapter have transferred to the adult student. The adult student shall be given a copy of the special education rules (N.J.A.C. 6A:14), the due process hearing rules (N.J.A.C. 1:6A), and the procedural safeguards statement published by the Department of Education.

An adult student shall be given notice and shall participate in meetings according to (a) through (k) above. The district board of education or the adult student may invite the parent to participate in meetings regarding the identification, evaluation, classification, or educational placement of, or the provision of a free, appropriate public education to, the adult student.
Consent to conduct an initial evaluation or reevaluation, for initial implementation of a special education program and related services, or for release of records of an adult student shall be obtained from the adult student.

The district board of education shall provide any notice required under this chapter to the adult student and the parent.

When there is a disagreement regarding the identification, evaluation, classification, or educational placement of, or the provision of a free, appropriate public education to, an adult student, the adult student may request mediation or a due process hearing or authorize, in writing, his or her parent to request mediation or a due process hearing and, while participating in such proceedings, to make educational decisions on his or her behalf.

(n) The Department of Education shall disseminate the procedural safeguards statement to parent training and information centers, protection and advocacy centers, independent living centers, and other appropriate agencies.

History

Amended by 47 N.J.R. 419(a), effective 2/2/2015

N.J. Admin. Code § 6A:14-2.4 Native language

(a) Written notice to the parent shall be provided and parent conferences required by this chapter shall be conducted in the language used for communication by the parent and student unless it is clearly not feasible to do so.

Foreign language interpreters or translators and sign language interpreters for the deaf shall be provided, when necessary, by the district board of education at no cost to the parent.

(b) If the native language is not a written language, the district board of education shall take steps to ensure that:

The notice is translated orally or by other means to the parent in his or her native language or other mode of communication;
The parent understands the content of the notice; and
There is written documentation that the requirements of (b)1 and 2 above have been met.

History

Amended by 52 N.J.R. 1822(b), effective 10/5/2020

N.J. Admin. Code § 6A:14-2.5 Protection in evaluation procedures

(a) In conducting an evaluation, each district board of education shall:

Use a variety of assessment tools and strategies to gather relevant functional and developmental information, including information:

i. Provided by the parent that may assist in determining whether a child is a student with a disability and in determining the content of the student's IEP; and

ii. Related to enabling the student to be involved in and progress in the general education curriculum or, for preschool children with disabilities, to participate in appropriate activities;

Not use any single procedure as the sole criterion for determining whether a student is a student with a disability or determining an appropriate educational program for the student; and
Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(b) Each district board of education shall ensure:

That evaluation procedures including, but not limited to, tests and other evaluation materials according to N.J.A.C. 6A:14-3.4:

i. Are selected and administered so as not to be racially or culturally discriminatory; and

ii. Are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally unless it is clearly not feasible to do so; and

iii. Measure the extent to which a student who is a multilingual learner has a disability and needs special education, rather than measure the student's English language skills;

Any standardized tests that are administered:

i. Are selected and administered so as not to be racially or culturally discriminatory; and

ii. Are administered by certified personnel trained in conformance with the instructions provided by the standardized tests' producer(s);

The student is assessed in all areas of suspected disability;

Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the student are provided;
Tests are selected, administered, and interpreted, so that when a student has sensory, manual, or communication impairments, the results accurately reflect the ability that the procedure purports to measure, rather than the impairment, unless that is the intended purpose of the testing;
The evaluation is conducted in accordance with the procedures at N.J.A.C. 6A:14-3by a multi-disciplinary team of professionals consisting of at least two members of the child study team and, where appropriate, other specialists. At least one evaluator shall be knowledgeable in the area of the suspected disability; and
In evaluating each student with a disability, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the suspected eligibility category.

(c) Upon completion of an initial evaluation or reevaluation, a parent may request an independent evaluation if there is disagreement with the initial evaluation or a reevaluation provided by a district board of education. A parent shall be entitled to only one independent evaluation at the district board of education's expense each time the district board of education conducts an initial evaluation or reevaluation with which the parent disagrees. The request shall specify the assessment(s) the parent is seeking as part of the independent evaluation.

Such independent evaluation(s) shall be provided at no cost to the parent, unless the district board of education initiates a due process hearing to show that its evaluation is appropriate and, following the hearing, a final determination to that effect is made.

i. Upon receipt of the parental request, the district board of education shall provide the parent with information about where an independent evaluation may be obtained and the criteria for independent evaluations according to (c)2 and 3 below. In addition, the district board of education shall take steps to ensure that the independent evaluation is provided without undue delay; or

ii. Not later than 20 calendar days after receipt of the parental request for the independent evaluation, the district board of education shall request the due process hearing.

Any independent evaluation obtained at the district board of education's expense shall:

i. Be conducted according to N.J.A.C. 6A:14-3.4; and

ii. Be obtained from another public district board of education, educational services commission, jointure commission, a clinic or agency approved pursuant to N.J.A.C. 6A:14-5, or a private practitioner who is appropriately certified and/or licensed, where a license is required.

An independent medical evaluation may be obtained according to N.J.A.C. 6A:14-5.1(e).
Any independent evaluation submitted to the district board of education, including an independent evaluation obtained by the parent at private expense, shall be considered in making decisions regarding special education and related services.
If a parent requests an independent evaluation, the district board of education may ask the parent to explain why he or she objects to the district board of education's evaluation. However, the district board of education shall not require an explanation and the district board of education shall not delay either providing the independent evaluation or initiating a due process hearing to defend the district board of education's evaluation.
For any independent evaluation, whether purchased at the district board of education's or private expense, the district board of education shall permit the evaluator to observe the student in the classroom or other educational setting, as applicable.
If an administrative law judge orders that an independent evaluation be conducted, the independent evaluation shall be obtained by the district board of education in accordance with the decision or order of the administrative law judge, and the district board of education shall pay the cost of the independent evaluation.

History

Amended by 47 N.J.R. 419(a), effective 2/2/2015

N.J. Admin. Code § 6A:14-2.6 Mediation

(a) Mediation is a voluntary process that is available to resolve disputes arising under this chapter. Mediation shall be available for students age three through 21 when there is a disagreement regarding identification, evaluation, classification, educational placement, or the provision of a free, appropriate public education.

A request for mediation shall not be used to deny or delay the right to request a due process hearing.
Mediation may be agreed to by a parent and district board of education in place of the resolution meeting described at N.J.A.C. 6A:14-2.7.

(b) The district board of education may establish procedures that require a parent who chooses not to use the mediation process to meet with a State mediator to discuss the benefits of mediation. This meeting may take place by telephone or through the use of electronic conference equipment.

(c) Either party may be accompanied and advised at mediation by legal counsel or other person(s) with special knowledge or training with respect to the needs of students with disabilities or with respect to the student who is the subject of the mediation.

(d) Mediation is available from the Department of Education through the Office. Mediation shall be provided as follows:

To initiate mediation through the Office, a written request shall be submitted to the Director of the Office;
The party initiating the request for mediation shall send a copy of the written request to the other party. The written request shall note that a copy has been sent to the other party. The mediation request shall specify the student's name, student's address, student's date of birth, name of the school the student is attending, the issue(s) in dispute, and the relief sought;
A mediation conference, consistent with State law and rules, shall be scheduled within 15 calendar days after receipt of a written request and completed within 30 days of the date of the request. At the mediation conference, issues shall be discussed and options for resolution shall be explored;

The role of the mediator is to:

i. Facilitate communication between the parties in an impartial manner;

ii. Chair the meeting;

iii. Assist the parties in reaching an agreement and, if an agreement is reached, the mediator shall prepare the document setting forth the agreement of the parties at the mediation conference;

iv. Assure that the agreement prepared by the mediator complies with Federal and State law and regulation;

v. When appropriate, adjourn the mediation to a date certain that is not more than 45 days from the date of the request for a mediation conference, at the request of the parties to obtain additional information or explore options; and

vi. Terminate mediation if, in the mediator's judgment, the parties are not making progress toward resolving the issue(s) in dispute;

The mediation conference shall be held at a time and place that is reasonably convenient to the parties in the dispute;
If the mediation results in agreement, the conclusions shall be incorporated into a written agreement that shall be prepared by the mediator at the mediation conference and signed by each party. Mediation agreements shall not address special education or related services for more than one school year. If the mediation does not result in agreement, the mediator shall document the date and the participants at the meeting. No other record of the mediation, including audio recording, shall be made;
Discussions that occur during the mediation process shall be confidential and shall not be used as evidence in any subsequent due process hearings or civil proceedings;
Prior to commencement of the mediation conference, the mediator may, at his or her discretion and upon request of a party, require that the parties sign a confidentiality pledge to ensure that all discussions that occur during the mediation remain confidential;
The mediator shall not be called as a witness in any subsequent proceeding to testify regarding any information gained during the course of mediation;
Pending the outcome of mediation, no change shall be made to the student's classification, program, or placement, unless both parties agree, or emergency relief as part of a request for a due process hearing is granted by the Office of Administrative Law according to N.J.A.C. 6A:14-2.7 as provided at 20 U.S.C. § 1415(k) (see N.J.A.C. 6A:14 Appendix A); and
Signed agreements resulting from mediation conducted according to this section are binding on the parties. If either party fails to comply with any provision of the agreement, either party may seek enforcement of the agreement in a court of appropriate jurisdiction. If the parent believes the mediation agreement is not being implemented as written, the parent may request enforcement of the agreement provisions addressing the student's program or services. The request shall be filed no later than the 90th calendar day from the date that the action set forth in the mediation agreement that is the subject of the enforcement request was required to have occurred or have been completed. A request for enforcement of a mediation agreement shall be made by writing to the Director of the Office. If there are multiple clauses in the agreement, the 90-day time frame to seek enforcement shall be measured separately for each clause, based on the date by which each is required by the agreement to occur. Upon receipt of this request, the Office shall make a determination regarding the implementation of the agreement. If it is determined that the district board of education has failed to implement the agreement or part of the agreement, the Office shall order the district board of education to implement the agreement or part of the agreement, as appropriate. If any part of the mediation agreement is modified by subsequent accord of the parties, enforcement may not be sought with respect to that part of the agreement.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (d)3, substituted "10" for "20" preceding "calendar days"; and added (d)10.
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (d)9, amended N.J.A.C. reference and substituted "Appendixes A and D" for "Appendix".
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote (a); recodified former (b)1 as new (b); in (c), added "or with respect to the student that is the subject of the mediation" at the end; rewrote (d).

N.J. Admin. Code § 6A:14-2.7 Due process hearings

(a) A due process hearing is an administrative hearing conducted by an administrative law judge. For students age three through 21, a due process hearing may be requested when there is a disagreement regarding identification, evaluation, reevaluation, classification, educational placement, the provision of a free, appropriate public education, or disciplinary action. For students above the age of 21, a due process hearing may be requested while the student is receiving compensatory educational or related services.

A request for a due process hearing shall be filed within two years of the date the party knew, or should have known, about the alleged action that forms the basis for the due process petition. The two-year period for filing for a due process hearing may be extended by an administrative law judge if:

i. A district board of education specifically misrepresented to the parent that the subject matter of the dispute was resolved to the parent's satisfaction; or

ii. The district board of education withheld information that was required by law to be provided to the parent.

(b) In addition to the issues specified in (a) above, the district board of education or public agency responsible for the development of the student's IEP may request a due process hearing when the district board of education is unable to obtain required consent to conduct an initial evaluation or a revaluation, or to release student records. The district board of education shall request a due process hearing when the district board of education denies a written parental request for an independent evaluation in accordance with N.J.A.C. 6A:14-2.5(c).

(c) A request for a due process hearing shall be made in writing to the Director of the Office. The party initiating the due process hearing shall send a copy of the request to the other party. The written request shall note that a copy has been sent to the other party. The written request shall include the student's name, student's address, the student's date of birth, and the name of the school the student is attending. The written request also shall state the specific issues in dispute, relevant facts, and the relief sought and, in the case of a homeless child, available contact information for the child and the name of the school the child is attending.

(d) Except when a response is required to be filed by a district board of education pursuant to (e) below, the party against whom a request for a due process hearing is directed shall provide, within 10 days of the filing of a request for a due process hearing, a written response specifically addressing the issue(s) raised in the request for a due process hearing to the party that requested the due process hearing.

(e) When a parent requests a due process hearing, or an expedited due process hearing (for disciplinary issues), and the district board of education has not sent a prior written notice to the parent regarding the subject matter contained in the parent's due process request, the district board of education shall send a written response to the parent within 10 days of receiving the petition. The written response shall include:

An explanation of why the district board of education proposed or refused to take the action raised in the request for a due process hearing;
A description of other options that the IEP team considered and the reasons those options were rejected;
A description of each evaluation procedure, assessment, record, or report the district board of education used as the basis for the proposed or refused action; and
A description of the factors that are relevant to the district board of education's proposed or refused action.

(f) A request for a due process hearing, or expedited due process hearing (for disciplinary issues), serves as notice to the respondent of the issues in the due process complaint. The respondent may assert that the notice does not meet the requirements of 20 U.S.C. § 1415 and, therefore, the notice is not sufficient. The notice for a hearing will be considered sufficient unless the respondent notifies the Office and the complaining party (petitioner), in writing, within 15 days of receipt of the request for a due process hearing.

The sufficiency challenge will be forwarded to the Office of Administrative Law (OAL) within five days of receipt of the written objection. An administrative law judge will determine whether the notice meets the requirements of 20 U.S.C. § 1415 and will notify the parties, in writing, of the determination.
If the notice is determined sufficient, the timelines for resolution activities and for conducting a due process hearing will continue. If the notice is deemed insufficient, the administrative law judge may dismiss the case and the petitioner may re-file with the Office, or the administrative law judge may grant permission to amend the request.

i. If the case is dismissed and the petitioner files a new request for a due process hearing, all applicable timeframes and procedures set forth in these rules shall commence anew.

ii. If the administrative law judge allows the petitioner to amend the request for a due process hearing as part of a sufficiency challenge, the applicable timeframes and procedures shall commence to run from the time of the administrative law judge's determination.

(g) When the Office receives a request for a due process hearing, the matter shall be processed and, as appropriate, mediation and a due process hearing in accordance with this chapter will be made available to the parties.

(h) When a parent requests a due process hearing or expedited due process hearing, the district board of education shall have an opportunity through a resolution meeting to resolve the matter before proceeding to a due process hearing. The district board of education shall conduct a resolution meeting with the parents and the relevant member(s) of the IEP team who have specific knowledge of the facts identified in the request.

The resolution meeting shall include a representative of the district board of education who has authority to make decisions on behalf of the district board of education.

i. The district board of education shall not include its attorney unless the parent is accompanied by an attorney.

ii. An advocate shall not be considered an attorney for purposes of determining whether a district board of education shall be entitled to bring its attorney to a resolution meeting.

For a due process hearing, the resolution meeting shall be held within 15 days of receiving the parents' request. For an expedited due process hearing, the resolution meeting shall be held within seven days of receiving the request.
The resolution meeting shall not be audio or video recorded by either party unless both the district board of education and the parent agree to record the resolution meeting.
If a due process hearing request is not resolved to the satisfaction of the parents within 30 days of the receipt of the petition, the Office shall transmit the case to the Office of Administrative Law for a due process hearing.
If an expedited due process hearing request is not resolved to the satisfaction of the parents within 15 days of receipt of the request, the Office shall transmit the case to the Office of Administrative Law for an expedited due process hearing.
If an agreement is reached at the resolution meeting, the terms of the agreement shall be incorporated into a written document and signed by the parties.

i. Either party may void the agreement, in writing, within three business days of signing the agreement.

ii. If the agreement is not voided within the three business days, it is legally binding.

iii. If either party fails to implement the written agreement, it is enforceable in any State court of competent jurisdiction or in the United States District court.

iv. If a dispute arises over the voiding of a resolution meeting agreement, the matter shall be transmitted to the Office of Administrative Law for a due process hearing.

If the requirements of this subsection with respect to scheduling and conducting a resolution meeting are not adhered to, issues concerning adherence to such procedures shall be raised in a due process hearing, and shall not be raised in a request for a complaint investigation pursuant to N.J.A.C. 6A:14-9.2.
In place of a resolution meeting, the parties may agree to participate in mediation conducted by a mediator from the Office of Administrative Law in accordance with N.J.A.C. 6A:14-2.6.

i. Parents shall indicate on their request for a due process hearing whether mediation is also requested.

ii. If the district board of education agrees to mediation in lieu of a resolution meeting, a representative of the district board of education shall contact the Office to facilitate the scheduling of the mediation conference.

iii. If the parties fail to participate in mediation within 30 days of the date the request for a due process hearing is submitted, the matter shall be transmitted to the Office of Administrative Law for a due process hearing with a notation that the parties declined a resolution meeting and requested mediation, but that the mediation conference failed to occur.

The parties may agree, in writing, to waive the resolution meeting and proceed directly to a due process hearing.

i. Parents may indicate on the request for a due process hearing that they desire to waive the resolution meeting.

ii. If the parent and a representative of the district board of education with decision-making authority agree in writing to waive the resolution meeting, the parties shall notify the Office that they have agreed to waive the resolution meeting.

iii. Upon receipt of a signed waiver, the matter will be transmitted to the Office of Administrative Law for a due process hearing.

The parties shall notify the Office, in writing, of the result of the resolution meeting. If the matter has not been resolved or withdrawn, it shall be transmitted to the Office of Administrative Law after 30 days from the date the request was received.
When a district board of education files a request for a due process hearing, no resolution meeting shall be held. The matter shall be mediated if the parties agree and, if necessary, transmitted to the Office of Administrative Law for a due process hearing.

(i) After a petition requesting a due process hearing is submitted to the Office, the petition may be amended only with the consent of the other party, or if an administrative law judge allows the party to amend the petition.

If a petition is amended with the consent of a district board of education, the district board of education shall be afforded the opportunity to hold a resolution meeting in accordance with (h) above to resolve the issues raised in the amended petition. The timeframes for holding and completing the resolution meeting shall begin on the date the amended petition is filed with the Office.
If a petition is amended by order of an administrative law judge, the order shall be issued no later than five days prior to the date the matter is heard, and no resolution meeting is required to address the issues raised in the amended petition.

(j) A final decision shall be rendered by the administrative law judge not later than 45 calendar days after the conclusion of the resolution period described in (h)2, 4, and 5 above unless specific adjournments are granted by the administrative law judge in response to requests by either party to the dispute.

The 15- or 30-day resolution period set forth in (h)2, 4, and 5 above shall end either at the expiration of the applicable 15- or 30-day time period, or when both parties notify the Office, in writing, that they have waived the resolution meeting and intend to proceed directly to a due process hearing.

(k) The decision made by an administrative law judge in a due process hearing shall be made on substantive grounds based on a determination of whether the child received a free, appropriate public education (FAPE). In matters alleging a procedural violation, an administrative law judge may decide that a child did not receive a FAPE only if the procedural inadequacies:

Impeded the child's right to a FAPE;
Significantly impeded the parents' opportunity to participate in the decision-making process regarding the provision of FAPE to the child; or
Caused a deprivation of educational benefits.

(l) The decision of the administrative law judge is final, binding on both parties, and to be implemented without undue delay unless stayed in accordance with N.J.A.C. 1:6A.

The decision in a due process hearing shall be provided in an electronic form if the parent requests that it be issued in an electronic form.

(m) If the parent disagrees with the determination that the student's behavior was not a manifestation of the student's disability or with any decision regarding placement under 20 U.S.C. § 1415(k) and its implementing regulations at 34 CFR §§ 300.1 et seq., the parent may request an expedited hearing.

(n) To remove a student with a disability when district board of education personnel maintain that it is dangerous for the student to be in the current placement and the parent and district board of education cannot agree to an appropriate placement, the district board of education shall request an expedited hearing. The administrative law judge may order a change in the placement of the student with a disability to an appropriate interim alternative placement for not more than 45 calendar days according to 20 U.S.C. § 1415(k) and its implementing regulations at 34 CFR Part 300;

The procedure in 20 U.S.C. § 1415(k)(3) may be repeated as necessary.

(o) An expedited hearing shall be requested according to the following:

The request for a due process hearing shall specify that an expedited hearing is requested due to disciplinary action;
When a request for an expedited hearing is received, the Office shall acknowledge receipt of the request, shall provide information to the parent regarding free and low-cost legal services, shall provide mediation if requested by both parties in lieu of a resolution meeting, and shall transmit the case to the Office of Administrative Law according to the following:

i. A representative from the Office shall contact a representative of the Office of Administrative Law who will provide a hearing date;

ii. The expedited hearing shall be conducted and completed within 20 school days of receipt of the request by the Office;

iii. The resolution meeting or, if requested by both parties, mediation shall be scheduled within seven days and completed within 15 days of receipt of the request by the Office;

iv. If the mediation results in agreement, the conclusions of the parties shall be incorporated into a written agreement prepared by the mediator at the mediation conference and signed by each party. The matter shall be considered settled. The agreement shall be binding according to N.J.A.C. 6A:14-2.6(d)10;

Upon receiving the acknowledgment of the request from the Office, the parties shall complete the exchange of relevant records and information at least two business days before the expedited hearing; and
The expedited hearing shall result in a written decision being provided to the parties within 10 school days of the completion of the expedited due process hearing without exceptions or extensions.

(p) In reviewing a decision with respect to a manifestation determination, the administrative law judge shall determine whether the district board of education has demonstrated that the child's behavior was not a manifestation of the student's disability consistent with the requirements of 20 U.S.C. § 1415(k) and its implementing regulations at 34 CFR §§ 300.1 et seq.

(q) In reviewing a decision under 20 U.S.C. § 1415(k) and its implementing regulations at 34 CFR §§ 300.1 et seq. to place the student in an interim alternative educational setting, the administrative law judge shall apply the standards in 20 U.S.C. § 1415(k) and its implementing regulations at 34 CFR §§ 300.1 et seq.

(r) Either party may apply, in writing, for a temporary order of emergent relief as a part of a request for a due process hearing or an expedited hearing for disciplinary action, or at any time after a due process or expedited hearing is requested pending a settlement or decision on the matter. The request shall be supported by an affidavit or notarized statement specifying the basis for the request for emergency relief. The applicant shall provide a copy of the request to the other party. The request for emergent relief shall note that a copy was sent to the other party.

Emergent relief shall be requested only for the following issues:

i. Issues involving a break in the delivery of services;

ii. Issues involving disciplinary action, including manifestation determinations and determinations of interim alternate educational settings;

iii. Issues concerning placement pending the outcome of due process proceedings; and

iv. Issues involving graduation or participation in graduation ceremonies.

(s) Prior to transmittal of a request for a due process hearing or an expedited hearing to the Office of Administrative Law, an application for emergent relief shall be made to the Director of the Office. After transmittal of a request for a due process hearing or an expedited hearing, any application for emergent relief shall be made directly to the Office of Administrative Law.

Emergent relief may be requested according to N.J.A.C. 1:6A-12.1. Emergent relief may be granted if the administrative law judge determines from the proofs that:

i. The petitioner will suffer irreparable harm if the requested relief is not granted;

ii. The legal right underlying the petitioner's claim is settled;

iii. The petitioner has a likelihood of prevailing on the merits of the underlying claim; and

iv. When the equities and interests of the parties are balanced, the petitioner will suffer greater harm than the respondent will suffer if the requested relief is not granted.

(t) If either party fails to comply with any provision of a final decision in a due process hearing, either party may seek enforcement of the decision in a court of appropriate jurisdiction. If the district board of education responsible for implementing the IEP fails to implement a hearing decision of the Office of Administrative Law with respect to the student's program or services, a request for enforcement may be made by the parent or the parent's attorney on behalf of the student. The request shall be made in writing to the Director of the Office, Department of Education no later than the 90th calendar day from the date that the action directed in the hearing decision that is the subject of the enforcement request was required to have occurred. The request shall include a copy of the decision issued by the Office of Administrative Law. If there are multiple requirements or directives in the hearing decision, the 90-day time frame to seek enforcement shall be measured separately for each requirement or directive, based on the date by which each is required in the hearing decision to occur. Upon receipt of this request, the district board of education shall have an opportunity to respond to the request for enforcement and, if appropriate, seek to resolve the request with the parent. The Office shall determine the implementation of the decision. If it is determined that the district board of education has failed to implement the decision or part of the decision, the Office shall order the district board of education to implement the decision or part of the decision, as appropriate. If any part of the decision is modified by subsequent agreement of the parties, enforcement may not be sought with respect to that part of the decision.

(u) Pending the outcome of a due process hearing, including an expedited due process hearing, or any administrative or judicial proceeding, no change shall be made to the student's classification, program, or placement unless both parties agree, or emergency relief as part of a request for a due process hearing is granted by the Office of Administrative Law according to (m) above or as provided at 20 U.S.C. § 1415(k)4. (See N.J.A.C. 6A:14 Appendix A.)

If the decision of the administrative law judge agrees with the student's parents that a change of placement is appropriate, the placement shall be treated as an agreement between the district board of education and the parents for the remainder of any court proceedings.

(v) Any party may appeal the decision of an administrative law judge in a due process hearing.

Any appeal of a final decision of an administrative law judge in a due process hearing shall be filed within 90 days of the date of issuance of the final decision. Interim decisions of an administrative law judge in a due process hearing, including determinations on requests for emergency relief, or determinations with respect to procedural issues, including discovery or scheduling, shall not be subject to the 90-day limitation period for filing appeals and, instead, shall be subject to applicable requirements pertaining to filing interlocutory appeals to courts of appropriate jurisdiction.

(w) Requests for a due process hearing with respect to issues concerning Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794a, shall be processed in accordance with this section, except as follows:

There shall be no resolution period or opportunity for a resolution meeting pursuant to (h) above with respect to requests for a due process hearing and issues concerning Section 504 of the Rehabilitation Act of 1973, regardless of whether the request for a due process hearing is filed by a parent or a district board of education. However, the parties may agree to participate in a mediation conference and, if so, mediation shall be scheduled in accordance with N.J.A.C. 6A:14-2.6; and
The provisions of (d), (e), and (f) above are not applicable with respect to requests for a due process hearing filed concerning issues involving Section 504 of the Rehabilitation Act of

History

Amended by R.1998 d.527, effective 11/2/1998.
See: 30 N.J.R. 2852(a), 30 N.J.R. 3941(a).
Rewrote (d)3ii.
Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
In (a), changed N.J.A.C. reference.
Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Rewrote the section.
Amended by R.2002 d.79, effective 3/18/2002.
See: 33 N.J.R. 3715(a), 34 N.J.R. 1265(a).
In (b), inserted "or a" preceding "revaluation", and deleted "implement an initial IEP" preceding "or to release".
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (a), substituted "Appendixes A and D" for "Appendix" in the third sentence, and amended N.J.A.C. reference at the end.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).
Petition for Rulemaking.
See: 49 N.J.R. 285(a).

N.J. Admin. Code § 6A:14-2.8 Discipline/suspension/expulsions

(a) For disciplinary reasons, district board of education officials may order the removal of a student with a disability from his or her current educational placement to an interim alternative educational setting, another setting, or a suspension for up to 10 consecutive or cumulative school days in a school year. Such suspensions are subject to the same district board of education procedures as the procedures for nondisabled students. However, at the time of removal, the principal shall forward written notification and a description of the reasons for such action to the case manager and the student's parent(s).

Notwithstanding (a) above, preschool students with disabilities shall not be suspended, long-term or short-term, and shall not be expelled.
The district board of education is not required by 20 U.S.C. §§ 1400 et seq., or this chapter to provide, during periods of removal, services to a student with a disability who has been removed from his or her current placement for 10 school days or less in a school year, provided that if services are provided to general education students for removals of 10 or fewer days duration, students with disabilities shall be provided services in the same manner as students without disabilities during such time periods for removals of 10 or fewer days.

(b) District board of education personnel may consider, on a case-by-case basis, any unique circumstances when determining whether or not to impose a disciplinary sanction or order a change of placement for a student with a disability who violates a district board of education code of conduct.

(c) Removals of a student with a disability from the student's current educational placement for disciplinary reasons constitutes a change of placement if:

The removal is for more than 10 consecutive school days; or
The student is subjected to a series of short-term removals that constitute a pattern because they cumulate to more than 10 school days in a school year and because of factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.

i. District board of education officials, in consultation with the student's case manager, shall determine whether a series of short-term removals constitutes a pattern that creates a change of placement.

(d) Disciplinary action initiated by a district board of education that involves removal to an interim alternative educational setting, suspension for more than 10 school days in a school year, or expulsion of a student with a disability shall be in accordance with 20 U.S.C. § 1415(k). (See N.J.A.C. 6A:14 Appendix A.) However, removal to an interim alternative educational setting of a student with a disability in accordance with 20 U.S.C. § 1415(k) shall be for a period of no more than 45 calendar days.

(e) In the case of a student with a disability who has been removed from his or her current placement for more than 10 cumulative or consecutive school days in the school year, the district board of education shall provide services to the extent necessary to enable the student to progress appropriately in the general education curriculum and advance appropriately toward achieving the goals set out in the student's IEP.

When it is determined that a series of short-term removals is not a change of placement, district board of education officials, in consultation with the student's special education teacher and case manager, shall determine the extent to which services are necessary to enable the student to progress appropriately in the general curriculum and advance appropriately toward achieving the goals set out in the student's IEP.
When a removal constitutes a change of placement, and it is determined that the behavior is not a manifestation of the student's disability, the student's IEP team shall determine the extent to which services are necessary to enable the student to progress appropriately in the general curriculum and advance appropriately toward achieving the goals set out in the student's IEP.

(f) In the case of a removal for drug or weapons offenses, or because the student caused a serious bodily injury in accordance with 20 U.S.C. § 1415(k) and its implementing regulations at 34 CFR Part 300, or a removal by an administrative law judge for dangerousness consistent with 20 U.S.C. § 1415(k) and its implementing regulations at 34 CFR Part 300, the district board of education shall provide services to the student with a disability consistent with 20 U.S.C. § 1415(k) and its implementing regulations at 34 CFR Part 300, incorporated herein by reference. However, removal to an interim alternative educational setting of a student with a disability in accordance with 20 U.S. C. § 1415(k) shall be for a period of no more than 45 calendar days.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Rewrote the section.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote (a); recodified (b) through (e) as (c) through (f); added new (b); and rewrote present (d) and (f).

N.J. Admin. Code § 6A:14-2.9 Student records

(a) All student records shall be maintained according to N.J.A.C. 6A:32-7.

(b) The parent, adult student, or designated representative shall be permitted to inspect and review the contents of the student's records maintained by the district board of education pursuant to N.J.A.C. N.J.A.C. 6A:32-7 without unnecessary delay and before any meeting regarding the IEP.

(c) Any consent required for students with disabilities pursuant to N.J.A.C. 6A:32-7sh all be obtained according to N.J.A.C. 6A:14-1.3(definition of consent) and 2.3(a) and (b).

History

Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Amended N.J.A.C. references throughout.

N.J. Admin. Code § 6A:14-2.10 Reimbursement for unilateral placement by parents

(a) Except as provided at N.J.A.C. 6A:14-6.1(a), the district board of education shall not be required to pay for the cost of education, including special education and related services, of a student with a disability if the district board of education made available a free, appropriate public education and the parents elected to enroll the student in a nonpublic school, an early childhood program, or an approved private school for students with disabilities.

(b) If the parents of a student with a disability who previously received special education and related services from the district of residence enroll the student in a nonpublic school, an early childhood program, or approved private school for students with disabilities without the consent of, or referral by, the district board of education, an administrative law judge may require the district board of education to reimburse the parents for the cost of enrollment if the administrative law judge finds that the district board of education had not made a free, appropriate public education available to the student in a timely manner prior to enrollment and that the private placement is appropriate.

A parental placement may be found to be appropriate by a court of competent jurisdiction or an administrative law judge pursuant to N.J.A.C. 6A:14-6.5 for placements in unapproved schools, even if the parental placement does not meet the standards that apply to the education provided by the district board of education.

(c) The parents must provide notice to the district board of education of their concerns and intent to enroll their child in a nonpublic school at public expense. The cost of reimbursement described at (b) above may be reduced or denied:

If, at the most recent IEP meeting that the parents attended prior to the removal of the student from the public school, the parents did not inform the IEP team that they were rejecting the IEP proposed by the district board of education;
If, at least 10 business days (including any holidays that occur on a business day) prior to the removal of the student from the public school, the parents did not give written notice to the district board of education of their concerns or intent to enroll their child in a nonpublic school;
If, prior to the parents' removal of the student from the public school, the district board of education proposed a reevaluation of the student and provided notice pursuant to N.J.A.C. 6A:14-2.3(g) and (h), but the parents did not make the student available for the reevaluation; or
Upon a judicial finding of unreasonableness with respect to actions taken by the parents.

(d) The cost of the reimbursement for enrollment in a nonpublic school shall not be reduced or denied if the parents failed to provide the required notice described in (c)1 and 2 above if the conditions in (d)3 and 4 below are met, and, at the discretion of a court or an administrative law judge, may not be reduced if the conditions in (d)1 and 2 below are found to exist:

The parent cannot read and/or write in English;
Compliance with the notice requirement in (c)1 and 2 above would likely result in physical or serious emotional harm to the student;
The district board of education prevented the parent from providing the notice specified in (c)1 and 2 above; or
The parent had not received written notice according to N.J.A.C. 6A:14-2.3(e) and (f) of the notice requirement that is specified in (c)1 and 2 above.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (a), inserted a reference to early childhood programs; and rewrote (b).
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (a) and (b), substituted "students with disabilities" for "the disabled"; in (b), inserted "for placements in unapproved schools" in the last sentence; in (c)3, updated the N.J.A.C. reference; in (d), rewrote the introductory paragraph.

Subchapter 3 SERVICES

N.J. Admin. Code § 6A:14-3.1 General requirements

(a) Child study team members, specialists in the area of disabilities, school personnel, and parents as required by this subchapter shall be responsible for identification, evaluation, determination of eligibility, development and review of the IEP, and placement.

(b) Child study team members shall include a school psychologist, a learning disabilities teacher-consultant, and a school social worker. All child study team members shall be employees of a district board of education, shall have an identifiable, apportioned time commitment to the school district, and shall be available to provide all needed services during the hours students are in attendance.

Each member of the child study team shall perform only those functions that are within the scope of their professional license (where applicable) and certification issued by the Department of Education.

(c) Specialists in the area of disability include, but are not be limited to: child study team members; speech-language specialists; occupational therapists; physical therapists; audiologists; school nurses; advance practice nurses; and physicians who are appropriately certified and/or licensed to carry out activities under this chapter. Where an educational certificate and a license are required to carry out activities under this chapter, the professional shall be appropriately certified and licensed.

(d) Child study team members and, to the extent appropriate, specialists in the area of disability:

Shall participate in the evaluation of students who may need special education programs and services according to N.J.A.C. 6A:14-3.3 and 3.4;
Shall participate in the determination of eligibility of students for special education programs and services according to N.J.A.C. 6A:14-3.5;
May provide services to educational staff regarding techniques, materials, and programs. Services include, but are not limited to, the following:

i. Consultation with school staff and parents;

ii. Training of school staff; and

iii. The design, implementation, and evaluation of techniques addressing academic and behavioral difficulties;

May deliver appropriate related services to students with disabilities;

May provide preventive and support services to nondisabled students; and

May participate on intervention and referral services teams pursuant to N.J.A.C. 6A:16-8.

History

Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (b), inserted "available to provide all needed services" and added (b)1; in (c), deleted "may" preceding "include", inserted "are" following "but", and inserted "appropriately" in the last sentence; rewrote (d).

N.J. Admin. Code § 6A:14-3.2 Case manager

(a) A case manager shall be assigned to a student when it is determined that an initial evaluation shall be conducted. A child study team member, or a speech-language specialist when acting as a member of the child study team, shall be designated and serve as the case manager for each student with a disability.

(b) The case manager shall coordinate the development, monitoring, and evaluation of the effectiveness of the IEP. The case manager shall facilitate communication between home and school and shall coordinate the annual review and reevaluation process.

Be knowledgeable about the student's educational needs and program;

Be knowledgeable about special education procedures and procedural safeguards;

Have an apportioned amount of time for case management responsibilities; and
Be responsible for transition planning.

History

Amended by 52 N.J.R. 1822(b), effective 10/5/2020

N.J. Admin. Code § 6A:14-3.3 Location, referral, and identification

(a) Each district board of education shall develop written procedures for students age three through 21, including students attending nonpublic schools located within the school district regardless of where they reside, who reside within the school district with respect to the location, and referral of students who may have a disability due to physical, sensory, emotional, communication, cognitive, or social difficulties.

The requirements of this section apply to highly mobile students with disabilities, such as students with disabilities who are migrant and/or homeless students, and to students who may have a disability even though they are advancing from grade to grade.
The activities undertaken to locate nonpublic school students with disabilities shall be comparable to activities undertaken to locate public school students with disabilities. In addition, each district board of education shall consult with appropriate representatives of nonpublic school students on how to carry out these activities.

i. For preschool-age students enrolled in early childhood programs, the child-find obligations, including evaluation for eligibility for special education and related services, shall be the responsibility of the school district of residence of the student's parent.

ii. For nonpublic elementary or secondary school students, the child-find obligations shall be the responsibility of the school district of attendance in accordance with N.J.A.C. 6A:14-6.1.

The procedures shall include:

i. Utilizing strategies identified through the intervention and referral services according to N.J.A.C. 6A:16-8, as well as other general education strategies;

ii. Referral by the school district's instructional, administrative, and other professional staff, parents, and State agencies, including the Department of Education and agencies concerned with the welfare of students.

iii. Evaluation to determine eligibility for special education and related services; and/or

iv. Other educational action, as appropriate.

(b) Interventions in the general education setting shall be provided to students exhibiting academic difficulties and shall be utilized, as appropriate, prior to referring a student for an evaluation of eligibility for special education and related services.

Within former Abbott school districts, the system of assessment and interventions within general education programs according to N.J.A.C. 6A:13 shall be implemented for all students who have reading as their primary area of difficulty.

(c) The staff of the general education program shall maintain written documentation, including data, setting forth the type of interventions utilized, the frequency and duration of each intervention, and the effectiveness of each intervention.

When it is determined, through analysis of relevant documentation and data concerning each intervention utilized, that interventions in the general education program have not adequately addressed the educational difficulties and it is believed that the student may have a disability, the student shall be referred for evaluation to determine eligibility for special education programs and services under this chapter.
A determination whether or not to conduct an evaluation shall be made in accordance with (e) below.

(d) A direct referral to the child study team may be made, pursuant to (a)3ii above, when it can be documented that the nature of the student's educational problem(s) is such that evaluation to determine eligibility for special education services under this chapter is warranted without delay.

The parent may make a written request for an evaluation to determine eligibility for services under this chapter. Such a request shall be considered a referral and shall be forwarded without delay to the child study team for consideration.

(e) When a preschool age or school age student is referred for an initial evaluation to determine eligibility for special education programs and services under this chapter, a meeting of the child study team, the parent, and the regular education teacher of the student who is knowledgeable about the student's educational performance or, if there is no teacher of the student, a teacher who is knowledgeable about the school district's programs, shall be convened within 20 calendar days (excluding school holidays, but not summer vacation) of receipt of the written request. This group shall determine whether an evaluation is warranted and, if warranted, shall determine the nature and scope of the evaluation pursuant to N.J.A.C. 6A:14-3.4(a). The team may also determine that an evaluation is not warranted and, if so, determine other appropriate action. The parent shall be provided written notice of the determination(s), including a request for consent to evaluate, if an evaluation will be conducted pursuant to N.J.A.C. 6A:14-2.3.

To facilitate the transition from early intervention to preschool, a child study team member of the district board of education shall participate in the preschool transition planning conference arranged by the designated service coordinator from the Early Intervention System. The child study team member representing the district board of education at the transition planning conference shall:

i. Review the Part C Early Intervention System Individualized Family Service Plan;

ii. Provide the parents written district board of education registration requirements;

iii. Provide the parents written information on available school district programs for preschool students, including options available for placement in general education classrooms; and

iv. Provide to the parent the form to request that the district board of education invite the Part C service coordinator from the Early Intervention System to the initial IEP meeting for the child after a determination of eligibility.

Preschoolers with disabilities shall have their IEPs implemented no later than age three. To assure that preschoolers with disabilities have their initial IEPs implemented no later than age three, a written request for initial evaluation shall be forwarded by Early Intervention Service providers to the district board of education at least 120 days prior to the preschooler attaining age three.

i. For a child receiving Early Intervention System services, the form to request that the district board of education invite the Part C service coordinator from the Early Intervention System to the initial IEP meeting for the child after a determination of eligibility shall be submitted to the district board of education with the request for initial evaluation.

When a preschool age child is referred for an initial evaluation, a speech-language specialist shall participate as an additional member of the child study team in the meeting to determine whether to evaluate and the nature and scope of the evaluation.

i. If it is determined that a speech-language assessment will be conducted, it may be utilized as one of the two required assessments in N.J.A.C. 6A:14-3.4(f).

When the suspected disability for students ages five to 21 includes a language disorder, the child study team, the parent, a speech-language specialist, and the general education teacher of the student who has knowledge of the student's educational performance or, if there is no teacher of the student, a teacher who is knowledgeable about the district's programs, shall participate in the meeting to decide whether to evaluate, and the nature and scope of the evaluation.
When the suspected disability for students ages five to 21 is a disorder of voice, articulation, and/ or fluency only, the decision to evaluate and the determination of the nature and scope of the evaluation shall be in accordance with (e) above, except that the meeting shall include the speech-language specialist, the parent, and the general education teacher of the student who has knowledge of the student's educational performance or, if there is no teacher of the student, a teacher who is knowledgeable about the district's programs.

(f) When it is determined that an evaluation for eligibility for services under this chapter is warranted, the student shall be considered identified as potentially a student with a disability. If the student is removed for disciplinary action, limitations on the amount of time the student is removed and the requirement to provide services shall be consistent with the procedures at N.J.A.C. 6A:14-2.8. Additionally, protections for children not yet eligible for special education and related services shall apply, in accordance with 20 U.S.C. § 1415(k)(5). (See N.J.A.C. 6A:14 Appendix A.)

(g) Audiometric screening pursuant to N.J.A.C. 6A:16-2.3(k)3 shall be conducted for every student referred to the child study team for a special education evaluation.

(h) Vision screening shall be conducted by the school nurse for every student referred to the child study team for a special education evaluation.

(i) The Department of Education incorporates by reference the provisions of the Individuals with Disabilities Education Act of 2004 at 20 U.S.C. § 1412(c)3 and its implementing regulations at 34 CFR Part 300 regarding child find. (See N.J.A.C. 6A:14 Appendix E.)

History

Amended by R.1998 d.527, effective 11/2/1998.
See: 30 N.J.R. 2852(a), 30 N.J.R. 3941(a).
In (e), rewrote the introductory paragraph.
Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (d)2, deleted a reference to adult students; and rewrote (a), (e) and (f).
Amended by R.2001 d.397, effective 11/5/2001.
See: 33 N.J.R. 2375(a), 33 N.J.R. 3735(b).
In (f), added new last sentence; added (i).
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Amended N.J.A.C. references in (a)3i and (g).
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote the section.
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-3.4 Evaluation

(a) The child study team, the parent, and the general education teacher of the student who has knowledge of the student's educational performance or, if there is no teacher of the student, a teacher who is knowledgeable about the school district's programs shall:

Review existing evaluation data on the student including evaluations and information provided by the parents, current classroom-based assessments and observations, and the observations of teachers and related services providers, and consider the need for any health appraisal or specialized medical evaluation;
On the basis of the review at (a)1 above, identify what additional data, if any, are needed to determine:

i. Whether the student has a disability under this chapter;

ii. The present levels of academic and functional achievement and related developmental needs, and educational needs of the student; and

iii. Whether the student needs special education and related services; and

Determine which child study team members and/or specialists shall conduct each assessment that is part of the evaluation.

(b) Prior to conducting any assessment as part of an initial evaluation, the district board of education shall request and obtain consent to evaluate according to N.J.A.C. 6A:14-3.3(e).

(c) If the parent refuses to provide consent to conduct the initial evaluation, the district board of education may file for a due process hearing pursuant to N.J.A.C. 6A:14-2.7 to compel consent to evaluate.

(d) The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

(e) After parental consent for initial evaluation of a preschool age or school age student has been received, the evaluation, determination of eligibility for services under this chapter, and, if eligible, development and implementation of the student's IEP shall be completed within 90 calendar days.

If the parent repeatedly fails or refuses to produce the child for the evaluation, the time period above shall not apply.
If a child enrolls in the school of a district board of education after an initial evaluation was undertaken by another district board of education, but before the initial evaluation was completed, and the new district board of education is making progress to ensure a prompt completion of the evaluation, and the district board of education and parent agree to a specific modified timeframe for completing the evaluation, the agreed-upon timeframe for completing the evaluation shall be applied.
If initial evaluation of a preschool-age child is warranted, the district board of education shall take steps to ensure that consent to evaluate is obtained without delay.

(f) An initial evaluation shall consist of a multi-disciplinary assessment in all areas of suspected disability. An initial evaluation shall include at least two assessments and shall be conducted by at least two members of the child study team in the areas in which the child study team members have appropriate training or are qualified through their professional licensure or educational certification and other specialists in the area of disability as required or as determined necessary. Each evaluation of the student shall:

Be conducted in the language or form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to do so;
Apply standards of validity, reliability, and administration for each assessment by trained personnel in accordance with the protocols and instructions of the producer of the assessment;
Include, where appropriate or required, the use of a standardized test(s) that shall be:

i. Individually administered;

ii. Valid and reliable;

iii. Normed on a representative population; and

iv. Scored as either standard score with standard deviation or norm referenced scores with a cutoff score;

Include a functional assessment of academic performance and, where appropriate, a functional behavioral assessment, an assessment of the language needs of a child who is a multilingual learner, assessment of the student's communication needs, and assessment of the need for assistive technology devices and services. Each of the following components shall be completed by at least one evaluator:

i. A minimum of one structured observation by one evaluator in other than a testing session;

(1) In the case of a student who is suspected of having a specific learning disability, one evaluator shall observe the student's academic performance in the general education classroom;

(2) In the case of a preschool-age student, a child study team member in an environment appropriate for a child of that age;

ii. An interview with the student's parent;

iii. An interview with the teacher(s) referring the potentially disabled student;

iv. A review of the student's developmental/educational history, including records and interviews;

v. A review of interventions documented by the classroom teacher(s) and others who work with the student; and

vi. One or more informal measures, which may include, but not be limited to: surveys and inventories; analysis of work; trial teaching; self-report; criterion referenced tests; curriculum-based assessment; and informal rating scales; and

Beginning at age 14, or younger if appropriate, include assessment(s) to determine appropriate postsecondary outcomes.

(g) When the suspected disability is a disorder of articulation, voice, or fluency pursuant to N.J.A.C. 6A:14-3.6(b), the speech-language specialist shall:

Meet with the parent and the student's general education teacher who is knowledgeable about the student's educational performance or, if there is no general education teacher, a general education teacher who is knowledgeable about the school district's programs to review existing data on the student, including evaluations and information provided by the parents, current classroom-based assessments and observations, and the observations of teachers and related services providers;

Obtain consent to conduct the evaluation pursuant to N.J.A.C. 6A:14-2.3(a)1;

Conduct an assessment pursuant to (f)1 through 4 above. The assessment shall include written information from the classroom teacher of the educational impact created by the speech problem. The assessment shall fulfill the requirement for multi-disciplinary evaluation as required in (f) above; and

Prepare a written report of the results according to (h) below.

(h) A written report of the results of each assessment shall be prepared. At the discretion of the district board of education, the written report may be prepared collaboratively by the evaluators or each evaluator may prepare an individually written report of the results of his or her assessments. Each written report shall be dated and signed by the individual(s) who conducted the assessment and shall include:

An appraisal of the student's current functioning and an analysis of instructional implication(s) appropriate to the professional discipline of the evaluator;
A statement regarding relevant behavior of the student, either reported or observed, and the relationship of that behavior to the student's academic functioning;
If an assessment is not conducted under standard conditions, the extent to which it varied from standard conditions;
When a student is suspected of having a specific learning disability, the documentation of the determination of eligibility shall include a statement of:

i. Whether the student has a specific learning disability;

ii. The basis for making the determination;

iii. The relevant behavior noted during the observation;

iv. The relationship of the behavior to the student's academic performance;

v. Educationally relevant medical findings, if any;

vi. If a severe discrepancy methodology is utilized, whether there is a severe discrepancy between achievement and ability that is not correctable without special education and related services;

vii. The determination concerning the effects of environmental, cultural, or economic disadvantage;

viii. Whether the student achieves commensurate with his or her age;

ix. If a response to scientifically based interventions methodology is utilized, the instructional strategies utilized and the student-centered data collected with respect to the student; and

x. Whether there are strengths and/or weaknesses in performance or achievement relative to intellectual development in one of the following areas that require special education and related services;

(1) Oral expression;

(2) Listening comprehension;

(3) Written expression;

(4) Basic reading skill;

(5) Reading fluency skills;

(6) Reading comprehension;

(7) Mathematics calculation; and

(8) Mathematics problem solving;

Additionally, each child study team member shall certify, in writing, whether his or her report is in accordance with the conclusion of the student's eligibility. If his or her report does not reflect the conclusion of eligibility, the child study team member must submit a separate statement presenting his or her conclusions; and
When a response to scientifically based interventions methodology is utilized to make the determination of whether the student has a specific learning disability, the district board of education shall:

i. Ensure that such methodology includes scientifically based instruction by highly qualified instructors, and that multiple assessments of student progress are included in the evaluation of the student;

ii. Not be required to include more than the assessment conducted pursuant to the district board of education's response to scientifically based intervention methodology in the evaluation of a student; and

iii. If the parent consents in writing, extend, as necessary, the time to complete an evaluation pursuant to (c) above.

(i) When conducting an initial evaluation or reevaluation, the reports and assessments of child study team members or related services providers from other public school districts, Department of Education approved clinics or agencies, educational services commissions or jointure commissions, or professionals in private practice may be submitted by the parents to the child study team for consideration. Each report and assessment shall be reviewed and considered by the child study team member or related services provider with relevant knowledge or expertise. A report, or component thereof, may be utilized as a required assessment, if the assessment has been conducted within one year of the evaluation and the child study team determines the report and assessment meet the requirements of (h) above.

(j) Upon receipt of a written referral to the child study team, the school nurse shall review and summarize available health and medical information regarding the student and shall transmit the summary to the child study team for the meeting according to (a) above to consider the need for a health appraisal or specialized medical evaluation.

History

Amended by R.1998 d.527, effective 11/2/1998.
See: 30 N.J.R. 2852(a), 30 N.J.R. 3941(a).
Added (i).
Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Rewrote the section.
Amended by R.2001 d.397, effective 11/5/2001.
See: 33 N.J.R. 2375(a), 33 N.J.R. 3735(b).
In (d), added 3; in (f), added 5.
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (e), Amended the NJAC reference.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).

N.J. Admin. Code § 6A:14-3.5 Determination of eligibility for special education and related services

(a) When an initial evaluation is completed for a student age three through 21, a meeting pursuant to N.J.A.C. 6A:14-2.3(k)1 shall be convened to determine whether the student is eligible for special education and related services. A copy of the evaluation report(s) and documentation and information that will be used for a determination of eligibility shall be given to the parent at least 10 calendar days prior to the meeting. If eligible, the student shall be assigned the classification "eligible for special education and related services." Eligibility shall be determined collaboratively by the participants described at N.J.A.C. 6A:14-2.3(k)1.

(b) In making a determination of eligibility for special education and related services, a student shall not be determined eligible if the determinant factor is due to a lack of instruction in reading, including the essential components of reading instruction, or mathematics, or if the student is a multilingual learner (ML).

(c) A student shall be determined eligible and classified "eligible for special education and related services" under this chapter when it is determined that the student has one or more of the disabilities defined in (c)1 through 14 below, the disability adversely affects the student's educational performance, and the student is in need of special education and related services. Classification shall be based on all assessments conducted, including assessment by child study team members, and assessment by other specialists as specified below.

"Auditory impairment" corresponds to "auditorily handicapped" and further corresponds to the Federal eligibility categories of deafness or hearing impairment. "Auditory impairment" means an inability to hear within normal limits due to physical impairment or dysfunction of auditory mechanisms characterized by (c)1i or ii below. An audiological evaluation by a specialist qualified in the field of audiology and a speech and language evaluation by a certified speech-language specialist are required.

i. "Deafness"-The auditory impairment is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification, and the student's educational performance is adversely affected.

ii. "Hearing impairment"-An impairment in hearing, whether permanent or fluctuating, that adversely affects the student's educational performance.

"Autism" means a pervasive developmental disability that significantly impacts verbal and nonverbal communication and social interaction that adversely affects a student's educational performance. Onset is generally evident before age three. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routine, unusual responses to sensory experiences, and lack of responsiveness to others. The term does not apply if the student's adverse educational performance is due to an emotional regulation impairment as defined in (c)5 below. A child who manifests the characteristics of autism after age three may be classified as autistic if the criteria in this paragraph are met. An assessment by a certified speech-language specialist and an assessment by a physician trained in neurodevelopmental assessment are required.
"Intellectual disability" means a disability that is characterized by significantly below average general cognitive functioning existing concurrently with deficits in adaptive behavior; manifested during the developmental period that adversely affects a student's educational performance and is characterized by one of the following:

i. "Mild intellectual disability" means a level of cognitive development and adaptive behavior in home, school, and community settings that are mildly below age expectations with respect to all of the following:

(1) The quality and rate of learning;

(2) The use of symbols for the interpretation of information and the solution of problems; and

(3) Performance on an individually administered test of intelligence that falls within a range of two to three standard deviations below the mean.

ii. "Moderate intellectual disability" means a level of cognitive development and adaptive behavior that is moderately below age expectations with respect to the following:

(1) The ability to use symbols in the solution of problems of low complexity;

(2) The ability to function socially without direct and close supervision in home, school, and community settings; and

(3) Performance on an individually administered test of intelligence that falls three standard deviations or more below the mean.

iii. "Severe intellectual disability" means a level of functioning severely below age expectations whereby, on a consistent basis, the student is 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 cannot in some manner express basic wants and needs.

"Communication impairment" means a language disorder in the areas of morphology, syntax, semantics, and/or pragmatics/discourse that adversely affects a student's educational performance and is not due primarily to an auditory impairment. The problem shall be demonstrated through functional assessment of language in other than a testing situation and performance below 1.5 standard deviations, or the 10th percentile on at least two standardized language tests, where such tests are appropriate, one of which shall be a comprehensive test of both receptive and expressive language. When the area of suspected disability is language, assessment by a certified speech-language specialist and assessment to establish the educational impact are required. The speech-language specialist shall be considered a child study team member.

i. When it is determined that the student meets the eligibility criteria according to the definition in (c)4 above, but requires instruction by a speech-language specialist only, the student shall be classified as eligible for speech-language services.

ii. When the area of suspected disability is a disorder of articulation, voice, or fluency, the student shall be evaluated pursuant to N.J.A.C. 6A:14-3.4(g) and, if eligible, classified as eligible for speech-language services pursuant to N.J.A.C. 6A:14-3.6(a).

"Emotional regulation impairment" means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student's educational performance due to:

i. An inability to learn that cannot be explained by intellectual, sensory, or health factors;

ii. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

iii. Inappropriate types of behaviors or feelings under normal circumstances;

iv. A general pervasive mood of unhappiness or depression; or

v. A tendency to develop physical symptoms or fears associated with personal or school problems.

"Multiple disabilities" means the presence of two or more disabling conditions, the combination of which causes such severe educational needs that they cannot be accommodated in a program designed solely to address one of the impairments. Multiple disabilities include intellectual disability-blindness and intellectual disability-orthopedic impairment. The existence of two disabling conditions alone shall not serve as a basis for a classification of multiple disabilities. Eligibility for speech-language services as defined in this section shall not be one of the disabling conditions for classification based on the definition of "multiple disabilities." Multiple disabilities does not include deaf-blindness.

"Deaf/blindness" means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that they cannot be accommodated in special education programs solely for students with deafness or students with blindness.

"Orthopedic impairment" means a disability characterized by a severe orthopedic impairment that adversely affects a student's educational performance. The term includes malformation, malfunction, or loss of bones, muscle, or tissue. A medical assessment documenting the orthopedic condition is required.
"Other health impairment" means a disability characterized by having limited strength, vitality, or alertness, including a heightened alertness with respect to the educational environment, due to chronic or acute health problems, such as attention deficit hyperactivity disorder, a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, or any other medical condition, such as Tourette Syndrome, that adversely affects a student's educational performance. A medical assessment documenting the health problem is required.
"Preschool child with a disability" means a child between the ages of three and five who either:

i. Is experiencing developmental delay, as measured by appropriate diagnostic instruments and procedures, in one or more of the areas in (c)10i(1) through (5) below, and requires special education and related services. As measured by a standardized assessment or criterion-referenced measure to determine eligibility, a developmental delay shall mean a 33 percent delay in one developmental area, or a 25 percent delay in two or more developmental areas.

(1) Physical, including gross motor, fine motor, and sensory (vision and hearing);

(2) Intellectual;

(3) Communication;

(4) Social and emotional; and

(5) Adaptive; or

ii. Has an identified disabling condition, including vision or hearing, that adversely affects learning or development and who requires special education and related services.

"Social maladjustment" means a consistent inability to conform to the standards for behavior established by the school. Such behavior is seriously disruptive to the education of the student or other students and is not due to an emotional regulation impairment as defined in (c)5 above.
"Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions, such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

i. A specific learning disability can be determined when a severe discrepancy is found between the student's current achievement and intellectual ability in one or more of the following areas:

(1) Basic reading skills;

(2) Reading comprehension;

(3) Oral expression;

(4) Listening comprehension;

(5) Mathematical calculation;

(6) Mathematical problem solving;

(7) Written expression; and

(8) Reading fluency.

ii. A specific learning disability may also be determined by utilizing a response to scientifically based interventions methodology as described in N.J.A.C. 6A:14-3.4(h)6.

iii. The term "severe discrepancy" does not apply to students who have learning problems that are primarily the result of visual, hearing, or motor disabilities, general intellectual deficits, emotional regulation impairment, or environmental, cultural, or economic disadvantage.

iv. If the district board of education utilizes the severe discrepancy methodology, the district board of education shall adopt procedures that utilize a statistical formula and criteria for determining severe discrepancy. Evaluation shall include assessment of current academic achievement and intellectual ability.

"Traumatic brain injury" means an acquired injury to the brain caused by an external physical force or insult to the brain, resulting in total or partial functional disability or psychosocial impairment, or both. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech.
"Visual impairment" means an impairment in vision that, even with correction, adversely affects a student's educational performance. The term includes both partial sight and blindness. An assessment by a specialist qualified to determine visual disability is required. Students with visual impairments shall be reported to the New Jersey Commission for the Blind and Visually Impaired.

History

Amended by 47 N.J.R. 419(a), effective 2/2/2015

N.J. Admin. Code § 6A:14-3.6 Determination of eligibility for speech-language services

(a) "Eligible for speech-language services" means a speech and/or language disorder as follows:

A speech disorder in articulation, phonology, fluency, voice, or any combination, unrelated to dialect, cultural differences, or the influence of a foreign language, that adversely affects a student's educational performance; and/or
A language disorder that meets the criteria at N.J.A.C. 6A:14-3.5(c)4 and the student requires speech-language services only.

(b) The evaluation for a speech disorder shall be conducted pursuant to N.J.A.C. 6A:14-3.4(g). Documentation of the educational impact of the speech problem shall be provided by the student's teacher. The speech disorder must meet the criteria at (b)1, 2, and/or 3 below and require instruction by a speech-language specialist:

Articulation/phonology: On a standardized articulation or phonology assessment, the student exhibits one or more sound production error patterns beyond the age at which 90 percent of the population has achieved mastery according to current developmental norms and misarticulates sounds consistently in a speech sample.
Fluency: The student demonstrates at least a mild rating, or its equivalent, on a formal fluency rating scale and, in a speech sample, the student exhibits disfluency in five percent or more of the words spoken.
Voice: On a formal rating scale, the student performs below the normed level for voice quality, pitch, resonance, loudness, or duration and the condition is evident on two separate occasions, three to four weeks apart, at different times.

(c) When the initial speech-language evaluation is completed, classification shall be determined collaboratively by the participants at a meeting pursuant to N.J.A.C. 6A:14-2.3(k). The speech-language specialist who conducted the evaluation shall be considered a child study team member at the meeting to determine whether a student is eligible for speech-language services. A copy of the evaluation report(s) and documentation of eligibility shall be given to the parent at least 10 calendar days prior to the meeting.

(d) The IEP shall be developed in a meeting pursuant to N.J.A.C. 6A:14-2.3 and 3.7. The speech-language specialist shall be considered the child study team member, the individual who can interpret the instructional implications of evaluation results, and the service provider at the IEP meeting. The speech-language specialist shall not be excused from an IEP meeting pursuant to N.J.A.C. N.J.A.C. 6A:14-2.3(k)10. The speech-language specialist may serve as the agency representative at the IEP meeting.

(e) When a student has been determined eligible for speech-language services and other disabilities are suspected or other services are being considered, the student shall be referred to the child study team.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (c), deleted a reference to adult students; and in (d), substituted "may" for "shall not" in the last sentence.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In the introductory paragraph of (b), substituted "(g)" for "(e)"; in (c), substituted "(k)1" for "(i)1", and added "not less than 10 calendar days prior to the meeting" at the end; in (d), substituted "(k)2" for "(i)2" and inserted "The speech-language specialist shall not be excused from an IEP meeting pursuant to N.J.A.C. 6A:14-2.3(k)10.".

N.J. Admin. Code § 6A:14-3.7 Individualized education program

(a) A meeting to develop the IEP shall be held within 30 calendar days of a determination that a student is eligible for special education and related services or eligible for speech-language services. An IEP shall be in effect before special education and related services are provided to a student with a disability and the IEP shall be implemented as soon as possible following the IEP meeting.

At the beginning of each school year, the district board of education shall have an IEP in effect for every student who is receiving special education and related services from the district board of education;
Every student's IEP shall be accessible to each regular education teacher, special education teacher, related services provider, and other service provider who is responsible for its implementation;
The district board of education shall inform each teacher and provider described in (a)2 above of his or her specific responsibilities related to implementing the student's IEP and the specific accommodations, modifications, and supports to be provided for the student in accordance with the IEP. The district board of education shall maintain documentation that the teacher and provider, as applicable, has been informed of his or her specific responsibilities related to implementing the student's IEP; and
The district board of education shall ensure that there is no delay in implementing a student's IEP, including any case in which the payment source for providing or paying for special education and related services is being determined.

(b) The IEP shall be developed by the IEP team pursuant to N.J.A.C. 6A:14-2.3 and this section for students classified eligible for special education and related services or pursuant to N.J.A.C. 6A:14-3.6(d) for students classified eligible for speech-language services.

Consider the strengths of the student and the concerns of the parents for enhancing the education of their child;
Consider the academic, developmental, and functional needs of the student;
Consider the results of the initial evaluation or most recent evaluation of the student and, as appropriate, the student's performance on any general State or districtwide assessment;
Consider the consistency of the location of the services for students who are prone to regression due to frequent changes in location;
In the case of a student whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies to address that behavior, including positive behavioral interventions and supports;
In the case of a student who is a multilingual learner, consider the language needs of the student as related to the IEP;
In the case of a student who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the student's reading and writing skills, and current and projected needs for instruction in Braille, that such instruction is not appropriate;
Consider the communication needs of the student;
In the case of a student who is deaf or hard of hearing, consider the student's language and communication needs, opportunities for direct communication with peers and professional personnel in the student's language and communication mode, academic level, and full range of opportunities for direct instruction in the student's language and communication mode;
Consider whether the student requires assistive technology devices and services.

i. The district board of education shall ensure that assistive technology devices or assistive technology services, or both, as defined in the IDEA, are made available to a student with a disability if required as part of the student's special education, related services, or supplementary aids and services.

ii. On a case-by-case basis, the use of school-purchased assistive technology devices in a student's home or in other settings is required if the IEP team determines that the student needs access to those devices in order to receive a free, appropriate public education;

Beginning at age 14, or younger if determined appropriate by the IEP team, consider the need for consultation from the Division of Vocational Rehabilitation Services, Department of Labor and other agencies providing services for individuals with disabilities; and

Review the preschool day to determine what accommodations and modifications may be required to allow the child to participate in the general education classroom and activities.

(d) The IEP may be amended without a meeting of the IEP team as follows:

The IEP may be amended if the parent makes a written request to the district board of education for a specific amendment to a provision(s) of the IEP and the district board of education agrees;
The district board of education provides the parent a written proposal to amend a provision(s) of the IEP and, within 15 days from the date the written proposal is provided to the parent, the parent consents in writing to the proposed amendment;
All amendments pursuant to (d)1 and 2 above shall be incorporated in an amended IEP or an addendum to the IEP, and a copy of the amended IEP or addendum shall be provided to the parent within 15 days of receipt of parental consent by the district board of education; and
If an IEP is amended pursuant to this subsection, the amendment shall not affect the requirement in (i) below that the IEP team review the IEP at a meeting annually, or more often if necessary.

(e) With the exception of an IEP for a student classified as eligible for speech-language services, the IEP shall include, but not be limited to:

A statement of the student's present levels of academic achievement and functional performance, including, but not limited to:

i. How the student's disability affects the student's involvement and progress in the general education curriculum; or

ii. For preschool students, as appropriate, how the disability affects the student's participation in appropriate activities;

Where appropriate, a statement of detailed measurable annual academic and functional goals that shall be related, as appropriate, to the New Jersey Student Learning Standards through the general education curriculum unless otherwise required according to the student's educational needs, or appropriate, student-specific functional needs. For all students, the annual academic and functional goals shall be measurable and apprise parents and educational personnel providing special education and related services to the student of the expected level of achievement attendant to each goal.
Such measurable annual goals shall include benchmarks or short-term objectives related to:

i. Meeting the student's needs that result from the student's disability to enable the student to be involved in and progress in the general education curriculum; and

ii. Meeting each of the student's other educational needs that result from the student's disability;

A statement of the special education and related services and supplementary aids and services that shall be provided for the student, or on behalf of the student. The special education and related services and supplementary aids and services shall be based, to the extent practicable, on peer-reviewed research. A statement of the program modifications or supports for school personnel that shall be provided for the student:

i. To advance appropriately toward attaining the measurable annual academic and functional goals;

ii. To be involved and progress in the general education curriculum according to (e)1 above and to participate in extracurricular and other nonacademic activities; and

iii. To be educated and participate with other students with disabilities and nondisabled students;

A statement, as appropriate, of any integrated therapy services to be provided addressing the student's individualized needs in his or her educational setting;
An explanation of the extent, if any, to which the student shall not participate with nondisabled students in the general education class and in extracurricular and nonacademic activities;
A statement of any individual modifications in the administration of Statewide or districtwide assessments of student achievement needed for the student to participate in such assessment.

i. If the IEP team determines that the student shall not participate in a particular Statewide or districtwide assessment of student achievement (or part of such an assessment), a statement of why that assessment is not appropriate for the student pursuant to N.J.A.C. 6A:14-4.10 and a statement of how that student shall be assessed and which assessment methodology is appropriate for the student;

A statement that specifies the projected date for the beginning of the services and modifications described at (e)4 above, and the anticipated frequency, location, and duration of those services and modifications;
Beginning at age 14, a statement of the State and local graduation requirements that the student shall be expected to meet. The statement shall be reviewed annually. If a student with a disability is exempted from, or there is a modification to, local or State high school graduation requirements, the statement shall include:

i. Consistent with N.J.A.C. 6A:14-4.11, a rationale for the exemption or modification based on the student's educational needs; and

ii. A description of the alternate proficiencies to be achieved by the student to qualify for a State-endorsed diploma.

A statement of student's transition from an elementary program to the secondary program, which shall be determined by factors including number of years in school; social, academic, and vocational development; and chronological age;
Beginning with the IEP in place for the school year when the student will turn age 14, or younger if determined appropriate by the IEP team, and updated annually:

i. A statement of the student's strengths, interests, and preferences;

ii. Identification of a course of study and related strategies and/or activities that:

(1) Are consistent with the student's strengths, interests, and preferences; and

(2) Are intended to assist the student in developing or attaining postsecondary goals related to training, education, employment, and, if appropriate, independent living;

iii. As appropriate, a description of the need for consultation from other agencies that provide services for individuals with disabilities including, but not limited to, the Division of Vocational Rehabilitation Services in the Department of Labor; and

iv. As appropriate, a statement of any needed interagency linkages and responsibilities;

Beginning with the IEP in place for the school year when the student will turn age 16, or younger if deemed appropriate by the IEP team, a statement consisting of the elements set forth in (e)11 above and appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, if appropriate, independent living, and the transition services including a course of study needed to assist the child in reaching those goals.

i. The transition services for a student with a disability, as defined in IDEA, shall consist of a coordinated set of activities that is designed within a results-oriented process, that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation, and is based on the individual student's needs, taking into account the student's strengths, preferences, and interests. In addition to the above, transition services shall include:

(1) Instruction;

(2) Related services;

(3) Community experiences;

(4) The development of employment and other post-school adult living objectives; and

(5) If appropriate, acquisition of daily living skills and functional vocational evaluation;

The person(s) responsible to serve as a liaison to postsecondary resources and make referrals to the resources as appropriate. If the student with disabilities does not attend the IEP meeting where transition services are discussed, the district board of education shall take other steps to ensure that the student's preferences and interests are considered;

Beginning at least three years before the student reaches age 18, a statement that the student and the parent have been informed of the rights under this chapter that will transfer to the student on reaching the age of majority;
A statement of how the student's progress toward the annual goals described in (e)2 above will be measured;
A statement of how the student's parents will be regularly informed of their student's progress toward the annual goals and the extent to which the progress is sufficient to enable the student to achieve the goals by the end of the year. The parents of a student with a disability shall be informed of the progress of their child at least as often as parents of a nondisabled student are informed of their child's progress; and
For students in an out-of-district placement, the IEP shall set forth how the student will participate with nondisabled peers in extracurricular and nonacademic activities, and delineate the means to achieve such participation, including, if necessary, returning the student to the district board of education to effectuate such participation.

(f) The IEP for the student classified as eligible for speech-language services shall include (e)1 through 8, 15, and 16 above. When appropriate, (e)11, 12, 13, and 14 above shall be included. The statement of the current academic and functional achievement in (e)1 above shall include a description of the student's status in speech-language performance and a description of how the student's disability affects the student's involvement and progress in the general education curriculum. Students who are classified as eligible for speech-language services shall not be exempted from districtwide or Statewide assessment.

(g) If an agency other than the district board of education fails to provide the transition services included in the student's IEP, the district board of education shall reconvene a meeting of the IEP participants. Alternative strategies to meet the student's transition objectives shall be identified.

(h) If an agency invited to send a representative to the IEP meeting does not do so, the district board of education shall take other steps to obtain the participation of the other agency in the planning of any transition services.

(i) Annually, or more often if necessary, the IEP team shall meet to review and revise the IEP and determine placement as specified in this subchapter.

The annual review of the IEP for a preschool student with disabilities shall be completed by June 30 of the student's last year of eligibility for a preschool program.
The annual review of the IEP for an elementary school student with disabilities shall be completed by June 30 of the student's last year in the elementary school program. The annual review shall include input from the staff of the secondary school.

(j) The IEP team shall review:

Any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;
The results of any reevaluation conducted according to N.J.A.C. 6A:14-3.8;
Information about the student, including information provided by the parents, current classroom-based assessments and observations, and the observations of teachers and related services providers;
The student's anticipated needs; or
Other relevant matters.

(k) For students in a separate setting, the IEP team shall, on an annual basis, consider activities necessary to transition the student to a less restrictive placement.

(l) Signatures of persons who participated in the meeting to develop the IEP shall be maintained by the district board of education and either a copy of the IEP or written notes setting forth agreements with respect to the IEP as determined by the IEP team shall be provided to the parents at the conclusion of the meeting.

(m) When the parent declines participation in an IEP meeting or is in disagreement with the recommendations, the remaining participants shall develop a written IEP in accordance with this section. However, initial implementation of special education cannot occur until consent is obtained. For other than initial implementation of special education, consent is not required. The parents shall be provided written notice according to N.J.A.C. 6A:14-2.3.

History

Amended by 47 N.J.R. 419(a), effective 2/2/2015

N.J. Admin. Code § 6A:14-3.8 Reevaluation

(a) Within three years of the previous classification, a multi-disciplinary reevaluation shall be completed to determine whether the student continues to be a student with a disability. Reevaluation shall be conducted earlier if conditions warrant or if the student's parent or teacher requests the reevaluation. However, a reevaluation shall not be conducted prior to the expiration of one year from the date the parent is provided written notice of the determination with respect to eligibility in the most recent evaluation or reevaluation, unless the parent and district board of education both agree that a reevaluation prior to the expiration of one year as set forth in this subsection is warranted. When a reevaluation is conducted earlier than three years from the previous evaluation as set forth in this subsection, the reevaluation shall be completed in accordance with the timeframes in (e) below.

If a parent provides written consent and the district board of education agrees that a reevaluation is unnecessary, the reevaluation may be waived. If a reevaluation is waived, the date of the parent's written consent shall constitute the date upon which the next three-year period for conducting a reevaluation shall commence.

(b) As part of any reevaluation, the IEP team shall determine the nature and scope of the reevaluation according to the following:

The IEP team shall review existing evaluation data on the student, including:

i. Evaluations and information provided by the parents;

ii. Current classroom based assessments and observations; and

iii. Observations by teachers and related services providers; and

On the basis of that review, and input from the student's parents, the IEP team shall identify what additional data, if any, are needed to determine:

i. Whether the student continues to have a disability according to N.J.A.C. 6A:14-3.5(c) or 3.6(a);

ii. The present levels of academic achievement and functional performance, and educational and related developmental needs of the student;

iii. Whether the student needs special education and related services, and the student's academic, developmental, functional, and behavioral needs and how they should appropriately be addressed in the student's IEP; and

iv. Whether any additions or modifications to the special education and related services are needed to enable the student with a disability to meet annual goals set out in the IEP and to participate, as appropriate, in the general education curriculum.

If the IEP team determines that no additional data are needed to determine whether the student continues to be a student with a disability, the district board of education:

i. Shall provide notice pursuant to N.J.A.C. 6A:14-2.3 to the student's parents of the IEP team's determination and the right of the parents to request an assessment to determine whether the student continues to be a student with a disability; and

ii. Shall not be required to conduct such an assessment unless requested by the student's parents;

If additional data are needed, the IEP team shall determine which child study team members and/or specialists shall administer tests and other assessment procedures to make the required determinations in (b)2i through iv above.

(c) Prior to conducting any assessment as part of a reevaluation of a student with a disability, the district board of education shall obtain consent from the parent pursuant to N.J.A.C. 6A:14-2.3.

Individual assessments shall be conducted pursuant to N.J.A.C. 6A:14-3.4(f)1 through 5 or (g), as appropriate.

(d) A reevaluation shall be conducted when a change in eligibility is being considered, except that a reevaluation shall not be required before the termination of a student's eligibility under this chapter due to graduation or exceeding age 21.

(e) Unless the parent and district board of education agree to waive a reevaluation, all requirements of this section for performing a reevaluation, as applicable, shall be completed within 60 days of the date the parent provides consent for the assessments to be conducted as part of the reevaluation or by the expiration of the three-year timeframe from completion of the prior evaluation or reevaluation, whichever occurs earlier.

(f) When a reevaluation is completed:

A meeting of the student's IEP team according to N.J.A.C. 6A:14-2.3(k)2 or 3.6(c) shall be conducted to determine whether the student continues to be a student with a disability. A copy of the evaluation report(s) and documentation of the eligibility shall be given to the parent at least 10 days prior to the meeting.
If the student remains eligible, an IEP team meeting according to N.J.A.C. 6A:14-2.3(k)2 or 3.6(d) shall be conducted to review and revise the student's IEP.

(g) By June 30 of a student's last year of eligibility for a program for preschoolers with disabilities, a reevaluation shall be conducted and, if the student continues to be a student with a disability, the student shall be classified according to N.J.A.C. 6A:14-3.5(c) or 3.6(a).

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Rewrote (b); amended (c) and (e); in (f)1, deleted "or adult student" following "parent" in the second sentence; added (g).
Amended by R.2001 d.397, effective 11/5/2001.
See: 33 N.J.R. 2375(a), 33 N.J.R. 3735(b).
In (d), substituted "through 3" for "and 2".
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote (a); made a grammatical correction in paragraph (b)2; rewrote (b)2ii and (b)2iii; in (b)3i and introductory paragraph of (c), updated the N.J.A.C. reference; recodified former (d) as new (c)1, updating N.J.A.C. references; recodified former (e) as new (d); added new (e); in (f)1 and (f)2, updated N.J.A.C. references; in (f)1, added "at least 10 days prior to the meeting" at the end.
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-3.9 Related services

(a) Related services, including, but not limited to, counseling, occupational therapy, physical therapy, school nurse services, recreation, social work services, medical services, and speech-language services, shall be provided to a student with a disability when required for the student to benefit from the educational program. Related services shall be provided by appropriately certified and/or licensed professionals, as specified in the student's IEP and according to the following:

Counseling services that are provided by school district personnel shall be provided by certified school psychologists, social workers, or guidance counselors.
Counseling and/or training services for parents shall be provided to assist them in understanding the special educational needs of their child.
Speech and language services may be provided as a related service to a student who is classified as "eligible for special education and related services." Assessment by a speech-language specialist is required. The student shall meet the eligibility criteria for the classification of "eligible for speech-language services" but shall not be classified as such.
Occupational therapy and physical therapy may be provided by therapy assistants under the supervision of the certified and, where required, licensed therapist in accordance with all applicable State statutes and rules.

i. Prior to the provision of occupational therapy, assessment by a certified (and, where required, licensed) occupational therapist and development of an IEP are required.

ii. Prior to the provision of physical therapy, assessment by a certified and licensed physical therapist and development of an IEP are required.

A district board of education or approved private school for students with disabilities may contract for the provision of speech-language services, counseling services, occupational therapy, and/or physical therapy in accordance with N.J.A.C. 6A:14-5.
Recreation shall be provided by certified school personnel.
Transportation shall be provided in accordance with N.J.A.C. 6A:27-5.
Nursing services shall be provided as a related service only to the extent such services are designed to enable a child with a disability to receive a free, appropriate public education as described in the student's IEP.
Medical services shall be provided as a related service for diagnostic and evaluation purposes only.
Therapy services may be integrated into the context of ongoing activities or routines and provided by personnel as set forth in the student's IEP.
When related services are provided by non-certified personnel because there is no certification required, such services shall be provided under the supervision of certified district board of education personnel.
Other related services shall be provided as specified in the student's IEP.

(b) School personnel may give advice to parents regarding additional services that are not required by this chapter. Such advice places no obligation on the district board of education to provide or fund such services.

(c) Related services required by the student's IEP may be provided through virtual instruction, as appropriate, and pursuant to the following conditions:

The student is confined to the home or another out-of-school setting due to a temporary or chronic health condition or a need for treatment that precludes participation in the student's usual educational setting, pursuant to N.J.A.C. 6A:16-10.

i. To request virtual related services due to a temporary or chronic health condition, the parent shall submit to the school district a request that includes a written order from the student's physician verifying the projected need for confinement at the student's residence or other treatment setting for more than 10 consecutive school days or 20 cumulative school days during the school year.

ii. The school district shall forward the written determination to the school physician, who shall verify the student's need for virtual related services. The school physician may contact the student's physician to secure additional information concerning the student's diagnosis or need for treatment and shall either verify the need for virtual related services or shall provide to the district board of education the reason(s) for denial.

iii. The school district shall notify the parent concerning the school physician's verification or reason(s) for denial within five school days after the school district's receipt of the written determination by the student's physician.

iv. The IEP team shall meet to determine, for each related service required by the IEP, whether the related service will be provided virtually or in-person. The school district shall provide the student with virtual related services within five school days after the school district's receipt of the school physician's verification o r, if verification is made prior to the student's confinement, during the first week of the student's confinement to the home or another out-of-school setting.

v. The school district shall be responsible for the costs of providing virtual related services, either directly or through a contract with another district board of education, educational services commission, jointure commission, or approved clinic or agency. The costs shall include the cost of any needed equipment.

vi. When the provision of home or out-of-school instruction exceeds 30 consecutive days in a school year, the IEP team shall convene a meeting to review the continued need for virtual related services and, if appropriate, revise the student's IEP.

A school building or school district is closed pursuant to N.J.S.A. 18A:7F-9.b or c and the school district has implemented its program of virtual or remote instruction pursuant to N.J.A.C. 6A:32-13; or
The appropriate local health agency or officer or the student's physician determines that the student requires a mandatory period of isolation/quarantine for at least five days because the student's presence in school may jeopardize the health of others because the student has contracted a communicable disease or has been exposed to a communicable disease.

i. The IEP team shall meet to determine, for each related service required by the IEP, whether the related service will be provided virtually or in-person.

History

Modified by Executive Order No. 103(2020) 52 N.J.R. 976(a), effective 4/1/2020

Subchapter 4 PROGRAMS AND INSTRUCTION

N.J. Admin. Code § 6A:14-4.1 General requirements

(a) Each district board of education shall provide educational programs and related services for students with disabilities required by the IEPs of students for whom the district board of education is responsible.

(b) A district board of education proposal to establish or eliminate special education programs or services shall be approved by the Department of Education through the county office of education.

(c) The length of the school day and the academic year of programs for students with disabilities, including preschoolers with disabilities, shall be at least as long as that established for nondisabled students. The IEP team may, in its discretion, alter the length of the school day based on the needs of the student.

(d) District board of education operated special class programs for preschool children with a disability shall be in operation five days per week, one day of which may be used for parent training and at least four days of which shall provide a minimum total of 10 hours of student instruction, with the following exception:

Classes for preschool children with a disability operated by a district board of education shall operate at least as long as any district board of education program for nondisabled preschoolers, but not less than 10 hours per week.

(e) If a classroom aide is employed, he or she shall work under the direction of a principal, special education teacher, general education teacher, or other appropriately certified personnel in a special education program. The job description of a classroom aide shall be approved by the Department of Education through the county office of education.

(f) Physical education services, specially designed if necessary, shall be made available to every student with a disability age five through 21, including students in separate facilities.

(g) When a student with a disability transfers from one New Jersey school district to another, or from an out-of-State school district to a New Jersey school district, the child study team of the school district into which the student has transferred shall conduct an immediate review of the evaluation information and the IEP and, without delay, in consultation with the student's parents, provide a program comparable to that set forth in the student's current IEP until a new IEP is implemented, as follows:

For a student who transfers from one New Jersey school district to another New Jersey school district, the IEP shall be implemented as written if the parents and district board of education agree. If the appropriate district board of education staff do not agree to implement the current IEP, the district board of education shall conduct all necessary assessments and, within 30 days of the date the student enrolls in the school district, develop and implement a new IEP for the student.
If the student transfers from an out-of-State school district, the appropriate district board of education staff shall conduct any assessments determined necessary and, within 30 days of the date the student enrolls in the school district, develop and implement a new IEP for the student.
The appropriate district board of education staff shall take reasonable steps to promptly obtain the student's records, including the current IEP and supporting documentation, from the previous school district in accordance with N.J.A.C. 6A:32. The school district in which the student was previously enrolled shall take reasonable steps to promptly respond to all requests for records of students transferring from one district board of education to another district board of education.

(h) When the IEP of a student with a disability does not describe any restrictions, the student shall be included in the general education program provided by the district board of education.

When instruction in general education subjects or content areas is provided to groups consisting solely of students with disabilities, the size of the groups and age range shall conform to the requirements for special class programs described in this subchapter. An exception to the age range and group size requirements may be requested by writing to the Department of Education through the county office of education pursuant to N.J.A.C. 6A:14-4.9.
When students with disabilities participate in physical education, intramural and interscholastic sports, nonacademic and extracurricular activities in groups consisting solely of students with disabilities, the age range and group size shall be based on the nature of the activity, needs of the students participating in the activity, and the level of supervision required.

(i) Each district board of education, through appropriate personnel, shall establish and implement a plan to evaluate special education programs and services according to N.J.S.A. 18A:7A-10, 11, 14, and 14.1 and this chapter.

(j) Each district board of education shall ensure that all students with disabilities have available to them the variety of educational programs and services available to nondisabled students.

(k) Prior to the implementation of the IEP, the district board of education shall provide the parent with the opportunity to observe the proposed educational placement, including the general education setting, special class programs, and out-of-district placements in a program operated by another district board of education or a private school placement.

(l) When a student with a disability receives instruction for a particular subject area in either a single-subject resource program or a special class program, the student shall receive at least the same amount of instructional time as that provided general education students for each subject area. For students in a single-subject resource program outside the general education class, the student's IEP shall specify the proportion of time in the general education classroom and the resource program for each subject area.

(m) When a student with a disability transfers from a nonpublic school with a services plan, appropriate school district staff shall conduct an immediate review of the services plan and shall provide comparable services pending completion of any necessary assessments and, as appropriate, the development of an IEP for the student. An IEP for the student shall be in place within 60 calendar days from the date of enrollment in the school district.

History

Amended by 47 N.J.R. 419(a), effective 2/2/2015

N.J. Admin. Code § 6A:14-4.2 Placement in the least restrictive environment

(a) Students with disabilities shall be educated in the least restrictive environment. Each district board of education shall ensure that:

To the maximum extent appropriate, a student with a disability is educated with peers who are not disabled;
Special classes, separate schooling, or other removal of a student with a disability from the student's general education class occurs only when the nature or severity of the educational disability is such that education in the student's general education class with the use of appropriate supplementary aids and services cannot be achieved satisfactorily;
A full continuum of alternative placements according to N.J.A.C. 6A:14-4.3 is available to meet the needs of students with disabilities for special education and related services;
Placement of a student with a disability is determined at least annually and, for a student in a separate setting, activities necessary to transition the student to a less restrictive placement are considered at least annually;
Placement is based on his or her IEP;
Placement is provided in appropriate educational settings as close to home as possible;
When the IEP does not describe specific restrictions, the student is educated in the school he or she would attend if not a student with a disability;

Consideration is given to:

i. Whether the student can be educated satisfactorily in a general education classroom with supplementary aids and services;

ii. A comparison of the benefits provided in a general education classroom and the benefits provided in a special education classroom; and

iii. The potentially beneficial or harmful effects which a placement may have on the student with disabilities or the other students in the class;

A student with a disability is not removed from the age-appropriate general education classroom solely based on needed modifications to the general education curriculum;
Placement in a program option is based on the individual needs of the student; and
Determinations regarding the restrictiveness of a particular program option are based solely on the amount of time a student with disabilities is educated outside the general education setting.

(b) Each district board of education shall provide nonacademic and extracurricular services and activities in the manner necessary to afford students with disabilities an equal opportunity for participation in those services and activities.

In providing or arranging for the provision of nonacademic and extracurricular services and activities, each district board of education shall ensure that each student with a disability participates with nondisabled peers in those services and activities to the maximum extent appropriate.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Added (b).
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (a)2, substituted "general education" for "regular" throughout; rewrote (a)4; in (a)7, substituted "a student with a disability" for "disabled" and deleted "and" at the end; added (a)9 through (a)11 and substituted ";" for "." at (a)8iii.

N.J. Admin. Code § 6A:14-4.3 Program options

(a) All students shall be considered for placement in the general education class with supplementary aids and services including, but not limited to, the following:

Curricular or instructional modifications or specialized instructional strategies;
Assistive technology devices and services as defined in N.J.A.C. 6A:14-1.3;
Teacher aides;
Related services;
Integrated therapies;
Consultation services; and
In-class resource programs.

(b) If it is determined that a student with a disability cannot remain in the general education setting with supplementary aids and services for all or a portion of the school day, a full continuum of alternative placements as set forth in this subsection shall be available to meet the needs of the student. Alternative educational program options include placement in the following:

Single-subject resource programs outside the general education class;
A special class program in the student's school district;
A special education program in another school district;
A special education program in a county vocational school district;
A special education program in the following settings:

i. A county special services school district;

ii. An educational services commission;

iii. A jointure commission; and

iv. A New Jersey approved private school for students with disabilities or an out-of-State school for students with disabilities in the continental United States approved by the department of education in the state where the school is located;

A program operated by a department of New Jersey State government;
A community rehabilitation program;
A program in a hospital, convalescent center, or other medical institution;
Individual instruction at home or in other appropriate facilities, with the prior written notice to the Department of Education through the county office of education;
An accredited nonpublic school that is not specifically approved for the education of students with disabilities pursuant to N.J.A.C. 6A:14-6.5;
Instruction in other appropriate settings according to N.J.A.C. 6A:14-1.1(d); and
An early intervention program (which is under contract with the Department of Health) in which the child has been enrolled for the balance of the school year in which the child turns age three.

(c) The IEP team shall make an individual determination regarding the need for an extended school year program. An extended school year program provides for the extension of special education and related services beyond the regular school year. An extended school year program is provided in accordance with the student's IEP when an interruption in educational programming causes the student's performance to revert to a lower level of functioning and recoupment cannot be expected in a reasonable length of time. The IEP team shall consider all relevant factors in determining the need for an extended school year program.

The district board of education shall not limit extended school year services to particular categories of disability or limit the type, amount, or duration of those services.

(d) A preschool age student with a disability may be placed by the district board of education in an early childhood program operated by an agency other than a district board of education according to the following:

The early childhood program shall be licensed or approved by a governmental agency;
The district board of education shall assure that the program is nonsectarian;
The district board of education shall assure the student's IEP can be implemented in the early childhood program with any supplementary aids and services that are specified in the student's IEP; and
The special education and related services specified in the student's IEP shall be provided by appropriately certified and/or licensed personnel or by paraprofessionals according to N.J.A.C. 6A:14-3.9(a) or 4.1(e).

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Added (b)1.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Added new (a) and recodified former (a) as (b), with substantial changes; recodified former (b) and (c) as (c) and (d), with an amendment to the first N.J.A.C. reference at new (d)4.

N.J. Admin. Code § 6A:14-4.4 Program criteria: speech-language services

(a) Speech-language services provided to a student with a disability shall be in addition to the regular instructional program and shall meet the following criteria:

Speech-language services shall be given individually or in groups.

i. The size and composition of the group shall be determined by the IEP team in accordance with the speech-language needs of the student(s) with educational disabilities and shall not exceed five students.

Speech-language services shall be provided by a certified speech-language specialist as defined in N.J.A.C. 6A:14-1.3.

N.J. Admin. Code § 6A:14-4.5 Program criteria: supplementary aids and services

(a) Supplementary aids and services are provided in the general education classroom to enable students with disabilities to be educated with nondisabled peers to the maximum extent appropriate.

(b) A teacher aide may provide supplementary support to a student(s) with disabilities when the IEP team has determined that the student requires assistance in areas including, but not limited to, the following:

Prompting, cueing and redirecting student participation;
Reinforcing of personal, social, behavioral, and academic learning goals;
Organizing and managing materials and activities; and
Implementation of teacher-designed follow-up and practice activities.

(c) Supplementary services as described in (b) above shall be provided individually or in groups according to the numbers for in-class resource programs.

(d) The district board of education shall provide to the teacher aide and the appropriate general or special education teaching staff time for consultation on a regular basis, which shall be set forth in policies adopted by the district board of education.

(e) Consultation as a service on behalf of a student with disabilities or a group of students with disabilities may be provided by a related services provider, a teacher of students with disabilities, or a child study team member to the general education teacher and/or the teacher aide. Such consultation shall be specified in each student's IEP. The frequency and duration of the consultation (s) shall be indicated in the IEP. Consultation may include, but is not limited to, the following:

The development and demonstration of techniques and strategies;
Data collection on the effectiveness of the techniques and strategies; and
Development of positive behavioral supports.

History

Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Section was "Program criteria: supplementary instruction". Rewrote the section.

N.J. Admin. Code § 6A:14-4.6 Program criteria: supplementary instruction and resource programs

(a) Supplementary instruction is provided to students with disabilities in addition to the primary instruction for the subject being taught. The program of supplementary instruction shall be specified in the student's IEP.

(b) Supplementary instruction in (a) above shall be provided individually or in groups according to the chart at (m) below. Supplementary instruction may be provided in a general education class or in a pull-out classroom that meets the requirements of N.J.A.C. 6A:26-6. Instruction in more than one subject may be provided in a pull-out program of supplemental instruction.

(c) A teacher providing supplementary instruction shall be appropriately certified either for the subject or the level in which instruction is given.

(d) In-class resource programs and pull-out replacement resource programs are programs of specialized instruction organized around a single subject and are provided to students with disabilities by an appropriately certified teacher of students with disabilities. Instruction in more than one subject may be provided in a pull-out resource program.

(e) Resource programs shall offer individual and small group instruction to students with disabilities. Resource programs may be provided in a general education class or in a pull-out classroom that meets the requirements of N.J.A.C. 6A:26-6. When a resource program is provided, it shall be specified in the student's IEP. Resource programs shall provide instruction as defined in (i) and (j) below. In-class resource teachers may provide support and replacement instruction at the same time in accordance with the group size limits for in-class support in (m) below. Pull-out support and pull-out replacement shall not be provided by the same teacher at the same time.

(f) If the resource program solely serves students with a visual impairment, the teacher shall be certified as a teacher of blind or partially sighted. If the resource program solely serves students with an auditory impairment, the teacher shall be certified with the appropriate teacher of the deaf and/or hard of hearing certificate.

(g) A teacher of supplementary instruction and a resource program teacher shall be provided time on a regular basis for consultation with appropriate general education teaching staff.

(h) An in-class resource program or an in-class program of supplementary instruction may be provided up to the student's entire instructional day. At the elementary level, replacement pull-out resource classes may be provided for up to no more than three subject areas per day. At the secondary level, replacement pull-out resource classes may be provided for up to the entire instructional day.

(i) In an in-class resource program, the student shall be provided modifications to the instructional strategies or testing procedures, or other specialized instruction, to access the general education curriculum in accordance with the student's IEP. The general education teacher shall have primary instructional responsibility for the student in an in-class resource program unless otherwise specified in the student's IEP. An in-class resource program shall be provided in the student's general education class at the same time as the rest of the class. A student receiving an in-class resource program or an in-class program of supplementary instruction shall be included in activities such as group discussion, special projects, field trips, and other regular class activities as deemed appropriate in the student's IEP.

(j) In a pull-out replacement resource program, the general education curriculum and the instructional strategies may be modified based on the student's IEP. The resource program teacher shall have primary instructional responsibility for the student in the replacement resource program and shall consult with the general classroom teacher, as appropriate.

(k) The age span in an approved single-subject pull-out resource program shall not exceed three years in elementary programs and shall not exceed four years in secondary programs.

(l) When organizing a pull-out replacement resource class, the district board of education shall consider the commonality of the instructional needs for the subject area being taught according to the levels of academic achievement, learning characteristics, and management needs of the students to be placed in the class. The resource program teacher shall provide the primary instruction for the students in the class.

(m) Group sizes for supplementary instruction and resource programs shall not exceed the limits listed below. Group size may be increased with the addition of an instructional aide, except where noted, according to the following:

| Preschool/Elementary | Secondary | | | | | --- | --- | --- | --- | --- | | Resource and | No | Aide Required | No | Aide Required | | Supplementary | Aide | Aide | | | | Instruction | | | | | | In-class | 8 | -- | 10 | -- | | Pull-out support and | | | | | | supplemental instruction | | | | | | Single subject | 6 | 7 to 9 | 9 | 10 to 12 | | Multiple subject | 6 | 7 to 9 | 6 | 7 to 9 |

| Preschool/Elementary | Secondary | | | | | --- | --- | --- | --- | --- | | Replacement Resource | No | Aide Required | No | Aide Required | | Aide | Aide | | | | | Pull-out | | | | | | Single subject | 6 | 7 to 9 | 9 | 10 to 12 |

(n) The maximum number of students with disabilities that shall receive an in-class resource program shall be eight at the preschool or elementary level, and 10 at the secondary level. The option to increase the group size of an in-class program of supplementary instruction in accordance with N.J.A.C. 6A:14-4.9 shall be prohibited.

(o) Pull-out support and pull-out replacement resource programs shall not be provided at the same time by the same teacher. The group size of a pull-out replacement resource program may be increased in accordance with N.J.A.C. 6A:14-4.9. The option to increase the group size for multiple subject supplementary instruction according to N.J.A.C. 6A:14-4.9 shall be prohibited.

(p) Secondary programs shall be in schools in which any combination of grades six through 12 are contained and where the organizational structure is departmentalized for general education students.

(q) For the 2006-2007 and 2007-2008 school years, multiple-subject replacement pull-out resource programs may be operated in accordance with the provisions of this section for a maximum of four students in any such program at both the elementary and secondary levels. The four student limit shall not be excepted pursuant to N.J.A.C. 6A:14-4.9. Beginning July 1, 2008, multiple-subject pull-out resource programs shall no longer be operated.

History

Amended by 47 N.J.R. 419(a), effective 2/2/2015

N.J. Admin. Code § 6A:14-4.7 Program criteria: special class programs, secondary, and vocational rehabilitation

(a) A special class program shall serve students who have similar intensive educational, behavioral, and other needs related to their disabilities in accordance with their IEPs. Placement in a special class program shall occur when the IEP team determines that the nature and severity of the student's disability is such that no other school-based program will meet the student's needs. Special class programs shall offer instruction in the New Jersey Student Learning Standards unless the IEP specifies a modified curriculum due to the nature or severity of the student's disability. The general education curriculum and the instructional strategies may be modified based on the student's IEP. Special class programs shall meet the following criteria:

Depending on the disabilities of the students assigned to the special class program, the special class teacher shall hold certification as a teacher of students with disabilities, teacher of blind or partially sighted, and/or teacher possessing the appropriate teacher of the deaf or hard of hearing certificate;
The age span in special class programs shall not exceed four years in elementary programs, and shall not exceed four years in secondary programs; and

A kindergarten shall not be approved as a special class program.

(b) Special class programs for students with auditory impairments shall be instructed by a teacher possessing the appropriate teacher of the deaf or hard of hearing certificate.

(c) The nature and intensity of the student's educational needs shall determine whether the student is placed in a program that addresses moderate to severe intellectual disabilities or severe to profound intellectual disabilities.

(d) Special class programs for students with learning and/or language disabilities may be organized around the learning disabilities or the language disabilities or a combination of learning and language disabilities.

(e) Instructional group sizes for preschool, elementary, and secondary special class programs shall not exceed the limits listed in the table below. The instructional group size may be increased with the addition of a classroom aide according to the numbers listed in Column III as set forth in the table below. When determining whether a classroom aide is required, students with a personal aide shall not be included in the student count:

| I | II | III | | --- | --- | --- | | Program | Instructional Size: | Instructional Size: | | No Classroom Aide | Classroom Aide | | | Required | Required | | | Auditory impairments | 8 | 9 to 12 | | Autism n¹ | 3 | 4 to 6 | | 7 to 9 | | | | (Secondary only; | | | | (Two aides required) | | | | Emotional regulation impairment Intellectual disability | 9 | 10 to 12 | | Intellectual disability² | | | | Mild | 12 | 13 to 16 | | Moderate | 10 | 11 to 13 | | Severe | 3 | 4 to 6 | | 7 to 9 | | | | (Two aides required) | | | | Learning and/or language disabilities | | | | Mild to moderate | 10 | 11 to 16 | | Severe | 8 | 9 to 12 | | Multiple disabilities | 8 | 9 to 12 | | Preschool disabilities³ | -- | 1 to 8 | | 9 to 12 | | | | (Two aides required) | | | | Visual impairments | 8 | 9 to 12 |

¹ A program for students with autism shall maintain a student to staff ratio of three to one. For a secondary program, two classroom aides are required when the class size exceeds six students.

² A program for students with severe to profound intellectual disabilities shall maintain a three to one student to staff ratio.

³ A classroom aide is required for a preschool classroom. Two aides are required when the class size exceeds eight students.

(f) Secondary special class programs are defined as programs that are located in schools in which there is any combination of grades six through 12 and where the organizational structure is departmentalized for general education students.

(g) In addition to the requirements for instructional size for special class programs pursuant to (e) above, instruction may be provided in the secondary setting of a class organized around a single content area consisting solely of students with disabilities instructed by a general education teacher where an adapted general education curriculum is used shall have a maximum instructional size of 12. The instructional size may be increased up to 16 students with the addition of a classroom aide.

(h) Vocational education programs shall meet the following criteria:

For the student placed in a vocational program outside of the district board of education, responsibility shall be as follows:

i. In a full-time county vocational school, all responsibility for programs and services rests with the receiving district board of education;

ii. In a shared-time county vocational school and in an area vocational technical school, primary responsibility rests with the sending district board of education. Vocational personnel shall participate in the IEP decisions; and

In vocational education and related academic programs, class sizes shall be as follows:

i. For a class consisting of students with disabilities, the maximum class size with an aide shall not exceed 15 students. Class size shall not exceed 10 students without the addition of an aide unless prior written approval of the Department of Education through the county office of education (county office) is granted pursuant to N.J.A.C. 6A:14-4.9. Requests for approval of a class size that exceeds 10 students without an aide shall include, but not be limited to, a description of the following student needs and instructional considerations:

(1) The nature and degree of the student's educationally disabling condition;

(2) The interests, aptitudes and abilities of the student;

(3) The functional level of the student;

(4) The employment potential of the student;

(5) The type of occupational area;

(6) Instructional strategies;

(7) Safety factors; and

(8) Physical facility requirements.

(i) Secondary level students may be placed in community rehabilitation programs for vocational rehabilitation services according to the following:

Community rehabilitation programs shall be approved by a State agency including, but not limited to, the New Jersey Department of Labor and Workforce Development, Division of Vocational Rehabilitation Services, the New Jersey Department of Human Services, and the New Jersey Commission for the Blind and Visually Impaired to provide vocational evaluation, work adjustment training, job coaching, skill training, supported employment, and time-limited job coaching;
Placement shall be made according to the student's IEP. The IEP shall specify the New Jersey Student Learning Standards to be met and shall address how the instruction will be provided; and
Within 10 calendar days of placement in community rehabilitation facilities, the district board of education shall provide written notification of the placement to the county office.

History

Amended by 47 N.J.R. 419(a), effective 2/2/2015

N.J. Admin. Code § 6A:14-4.8 Program criteria: home instruction

(a) A student with a disability shall have his or her IEP implemented through one-to-one instruction at home or in another appropriate setting when it can be documented that all other less restrictive program options have been considered and have been determined inappropriate.

Prior written notification that a district board of education intends to provide home instruction shall be provided to the Department of Education through the county office of education.

Notification shall be effective for a maximum of 60 calendar days, at which time renewal of the notification may be made. Each renewal shall be for a maximum of 60 calendar days.

A written record of the student's home instruction, including dates and times during which home instruction is provided, shall be maintained, and the teacher providing instruction shall be appropriately certified as teacher of students with disabilities or for the subject or level in which the instruction is given.
Instruction shall be provided for at least 10 hours per week. The 10 hours of instruction per week shall be accomplished in at least three visits by a certified teacher or teachers on at least three separate days.
Instruction shall be provided at a location conducive to providing educational services, taking into consideration the student's disability and any unique circumstances. The parent shall be consulted in determining the appropriate location for the provision of home instruction.
If a parent repeatedly fails to make a student available for scheduled home instruction, the district board of education shall consider whether the student is truant in accordance with N.J.S.A. 18A:38-27 and proceed accordingly.

History

Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Rewrote (a)1 and 2.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In the introductory paragraph of (a), substituted "with a disability" for "classified as disabled"; rewrote (a)3; in (a)4, inserted "or teachers"; added (a)5 and (a)6.

N.J. Admin. Code § 6A:14-4.9 Exceptions

(a) Exceptions for the age range and group sizes specified at N.J.A.C. 6A:14-4.4, 4.5, 4.6, and 4.7 shall be granted:

On an individual student basis;
Only with prior written approval of the Department of Education through the county office of education (county office); and
For a period not to exceed the balance of the school year.

(b) The county office shall determine whether granting the exception would interfere with the delivery of a free, appropriate public education to the student or other students in the group and, on that basis, shall either:

Approve the request; or
Deny the request.

(d) The parent of a student with a disability for whom the exception is requested, and the parents of the students who are affected by the request for an exception, shall be informed by the district board of education that such a request is being submitted to the county office.

(e) Upon approval of the exception by the county office, the district board of education or the appropriate education agency shall inform the parents of the students with disabilities who are affected by the exception.

(f) No waivers or equivalencies pursuant to N.J.A.C. 6A:5 shall be granted to this chapter.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (a)3, substituted "the balance of the school" for "one" preceding "year"; and in (d), deleted a reference to adult student.
Recodified from N.J.A.C. 6A:14-4.10 and amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (f), deleted last sentence. Former N.J.A.C. 6A:14-4.9, Home instruction due to temporary illness or injury for students with or without disabilities, repealed.
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-4.10 Statewide assessment

(a) Students with disabilities shall participate in the Statewide assessment system according to the following:

Except as provided in (a)2 below, students with disabilities shall participate in Statewide assessments pursuant to N.J.A.C. 6A:8-4.1. Accommodations and modifications approved by the Department of Education shall be provided, when determined necessary by the IEP team, to students with disabilities who participate in the general Statewide assessments.

Students with disabilities shall participate in the alternate assessment for students with disabilities in each content area where the nature of the student's disability is so severe that the student is not receiving instruction in any of the knowledge and skills measured by the Statewide assessment and the student cannot complete any of the types of questions on the assessment in the content area(s) even with accommodations and modifications.

History

Amended by R.1998 d.527, effective 11/2/1998.
See: 30 N.J.R. 2852(a), 30 N.J.R. 3941(a).
In (a)4, inserted "after one administration of the High School Proficiency Test when the student fails one or more sections of the test and" following "when".
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Rewrote the section.
Recodified from N.J.A.C. 6A:14-4.11 and amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (a)1, deleted "or age" following "grade"; in (a)3, added the second sentence. Former N.J.A.C. 6A:14-4.10, Exceptions, recodified to N.J.A.C. 6A:14-4.9.

N.J. Admin. Code § 6A:14-4.11 Graduation

(a) The IEP of a student with a disability who enters a high school program shall specifically address the graduation requirements. The student shall meet the high school graduation requirements pursuant to N.J.A.C. 6A:8-5.1, except as specified in the student's IEP. The IEP shall specify which requirements would qualify the student with a disability for the State-endorsed diploma issued by the district board of education responsible for his or her education.

(b) Graduation with a State-endorsed diploma is a change of placement that requires written notice pursuant to N.J.A.C. 6A:14-2.3(f) and (g).

As part of the written notice, the parent shall be provided with a copy of the procedural safeguards statement published by the Department of Education.

As with any proposal to change the educational program or placement of a student with a disability, the parent may resolve a disagreement with the proposal to graduate the student by requesting mediation or a due process hearing prior to graduation.

In accordance with N.J.A.C. 6A:14-3.8(d), a reevaluation shall not be required.
When a student graduates or exceeds the age of eligibility, the student shall be provided a written summary of his or her academic achievement and functional performance prior to the date of the student's graduation or the conclusion of the school year in which he or she exceeds the age of eligibility. The summary shall include recommendations to assist the student in meeting his or her postsecondary goals.

(c) If a student attends a school other than that of the school district of residence that is empowered to grant a diploma, the student shall have the choice of receiving the diploma of the school attended or the diploma of the school district of residence.

If the school the student is attending declines to issue a diploma to the student, the district board of education of the school district of residence shall issue the student a diploma if the student has satisfied all State and local graduation requirements, as specified in the student's IEP.

(d) If a district board of education grants an elementary school diploma, a student with a disability who fulfills the requirements of his or her IEP shall qualify for and receive a diploma.

(e) Students with disabilities who meet the standards for graduation according to this section shall have the opportunity to participate in graduation exercises and related activities on a nondiscriminatory basis.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Amended (a); added a new (b); and recodified former (b) through (d) as (c) through (e).
Amended by R.2000 d.358, effective 9/5/2000.
See: 32 N.J.R. 1712(a), 32 N.J.R. 3332(b).
In (a), updated N.J.A.C. reference.
Recodified from N.J.A.C. 6A:14-4.12 and amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In the introductory paragraph of (b) and (b)3, updated N.J.A.C. references; added (b)4 and (c)1; in (d), inserted "and receive". Former N.J.A.C. 6A:14-4.11, Statewide assessment, recodified to N.J.A.C. 6A:14-4.10.

N.J. Admin. Code § 6A:14-4.12 Reserved

History

Recodified to N.J.A.C. 6A:14-4.11 and amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Section was "Graduation".

N.J. Admin. Code § 6A:14-5.1 General requirements

(a) Each district board of education, independently or through joint agreements, shall employ or contract with child study teams, as set forth at N.J.A.C. 6A:14-3.1(b), speech-language specialists, and other school personnel in numbers sufficient to ensure provision of required programs and services pursuant to this chapter.

Joint agreements for child study team services may be entered into with local education agencies, including other district boards of education, educational services commissions, jointure commissions, and county special services school districts.
A district board of education may supplement child study team services with additional teams through contracts or joint agreements.
If a vacancy occurs on a child study team because of an absence of a member(s) of the team for an identified period of time, the district board of education may contract, for the duration of any such vacancy, with a clinic or agency approved by the Department of Education, an individual, or another district board of education for the services provided by the absent team member(s).

(b) When a district board of education provides its educational program through another New Jersey district board of education, responsibility for this chapter's requirements shall be according to the following:

In a sending-receiving relationship pursuant to N.J.S.A. 18A:38-1 et seq., when all the students of one or more grades of a district board of education attend a school(s) operated by another district board(s) of education, the receiving district board of education shall be responsible for determining the eligibility of the sending district board of education's students and developing and implementing their IEPs.
When individual students are placed by a district board of education in a school operated by another district board of education, a contractual agreement shall be made between district boards of education which specifies responsibility for providing instruction, related services, and child study team services to students with disabilities.

(c) For the services listed below, district boards of education may contract with private clinics and agencies approved by the Department of Education, private professional practitioners who are certified and licensed according to State statutes and rules, and agencies or programs that are certified, approved, or licensed by the Department of Human Services or by the Department of Health to provide counseling or mental health services. For the related services listed at (c)1iii and v below, approved private schools for students with disabilities may contract with private clinics and agencies approved by the Department of Education, private professional practitioners who are certified and licensed according to State statutes and rules, and agencies or programs that are certified, approved, or licensed by the Department of Human Services or by the Department of Health to provide counseling or mental health services. All instructional, child study team, and related services personnel provided by approved clinics and agencies and private professional practitioners shall be fully certified. No instructional, child study team, and related services personnel provided by approved clinics and agencies, or private professional practitioners, may, if a certification is required for the discipline under which they are providing services, provide services pursuant to this subsection if certified through the emergency certification process.

For public school students:

i. Independent child study team evaluations according to N.J.A.C. 6A:14-2.5;

ii. Child study team services to supplement existing district board of education services;

iii. Related services;

(1) Certified occupational therapy assistants, and others employed in a supportive role to licensed and, where applicable, certified providers of related services, shall work under the supervision of an appropriately licensed and, where applicable, certified provider of such services.

(2) Physical therapy assistants shall work under the supervision of a certified physical therapist.

(3) Specialists in behavior modification or other disciplines for which there is no license or certification shall hold, at a minimum, a bachelor's degree in education, psychology, or a related field from an accredited institute of higher education and shall work under the supervision of certified district board of education personnel.

iv. Home instruction; and

v. Speech-language services provided by a speech-language specialist when a district board of education or private school for students with disabilities is unable to hire sufficient staff to provide the service.

For students attending nonpublic schools, the district board of education in which the facility is located may contract for the following services:

i. Evaluation, determination of eligibility, classification, and the development of a service plan;

ii. Supplementary instruction, speech-language services, and home instruction for students determined eligible for such services; and

iii. English as a second language pursuant to N.J.A.C. 6A:15 and compensatory education pursuant to N.J.S.A. 18A:46A-2.e for students eligible for such services.

(d) District boards of education may purchase services listed under (c)1 and 2 above from Department of Education approved clinics and agencies with prior written notice to the Department of Education through the county office of education according to the following:

Notice of the intent to purchase services shall include the proposed terms of the contract;
The notice shall be effective for one year; and
District boards of education are not required to provide prior notice to the Department of Education when contracting for an independent child study team evaluation in accordance with N.J.A.C. N.J.A.C. 6A:14-2.5.

(e) District boards of education may contract for medical diagnostic services with medical clinics and agencies approved by another New Jersey State agency or appropriate state agencies outside of New Jersey.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (c), added a second sentence in the introductory paragraph.
Amended by R.2000 d.358, effective 9/5/2000.
See: 32 N.J.R. 1712(a), 32 N.J.R. 3332(b).
In (c)2iii, updated N.J.A.C. reference.
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Rewrote (c).
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote the section.
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-5.2 Approval procedures for clinics or agencies

(a) For the purposes of approval by the Department of Education, a clinic or agency shall consist of three or more professionals. Initial approval of a clinic or agency shall require, but not be limited to, submission and evaluation of the following:

A valid certificate of incorporation or certificate of formation. Where appropriate, any licenses or permits required by ordinances in effect within the state, county, or municipality where the clinic or agency provides its services shall be included in the submission;
A description of the scope and nature of services to be offered;
A list of professional staff who will provide services. The list shall verify each individual's certification and license, if a certification and/or license is required for the discipline in which services are being provided, and the function each individual shall fulfill;

i. Professional staff employed by a clinic or agency who work full time for a district board of education, approved private school for students with disabilities, or nonpublic school shall not provide service for the clinic or agency during the hours of the individual's public school or, as applicable, approved private school or nonpublic school employment;

ii. An employee of a district board of education, approved private school for students with disabilities, or nonpublic school shall not provide service as an employee of a clinic or agency to a student who is the responsibility of his or her employing district board of education or enrolled in his or her approved private school for students with disabilities or nonpublic school;

Assurance that the clinic or agency has conducted the criminal history review of each professional pursuant to N.J.S.A. 18A:6-7.1;

i. The clinic or agency shall submit to the Department of Education and maintain documentation of the information regarding the criminal history review;

Assurance that the facility(ies) in which the services are being provided meet applicable building and other regulatory standards;
Assurance of an adequate accounting system according to generally accepted accounting principles;
Assurance of a system for the collection, maintenance, confidentiality, and access of student records pursuant to N.J.A.C. 6A:32; and
Assurance of the maintenance of a log, which includes, but is not limited to:

i. Assurance of an adequate accounting system according to generally accepted accounting principles;

ii. The date, time, and location of the services provided; and

iii. The names of the professional staff providing each service.

(b) Any clinic or agency denied approval by the Department of Education may appeal the decision to the Commissioner of Education for a hearing pursuant to N.J.A.C. 6A:3, Controversies and Disputes. The hearing shall be governed by the provisions of the Administrative Procedure Act (see N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., as implemented by N.J.A.C. 1:1).

(c) An approved clinic or agency may amend the services provided or the location of its facilities by obtaining prior written approval from the Department of Education.

To amend the services provided, the agency or clinic shall submit the following:

i. A revised description of the scope and nature of services to be offered;

ii. A list of professional staff who will provide the services. The list shall verify each individual's certification and license, if one is required, and the function the individual will fulfill; and

iii. Assurance that the criminal history record review has been conducted pursuant to N.J.S.A. 18A:6-7.1.

To amend the location of the facility(ies), the agency or clinic shall submit an assurance that the facility(ies) in which the services are to be provided meet applicable building and other regulatory standards as required at (a)5 above.

(d) When a professional staff member leaves or a new professional staff member is hired, the approved clinic or agency shall provide the Department of Education written notification within seven calendar days of the change.

(e) Failure to comply with any requirement of this section may result in the loss of approval.

History

Modified by Executive Order No. 103(2020) 52 N.J.R. 976(a), effective 4/1/2020

Subchapter 6 REQUIREMENTS FOR SERVICES IN NONPUBLIC SCHOOLS

N.J. Admin. Code § 6A:14-6.1 Equitable participation under IDEA Part B

(a) The district board of education of the school district of attendance shall provide, as required by Federal law and regulation under Part B of the IDEA, a genuine opportunity for the equitable participation of students with disabilities who are enrolled in nonpublic schools or early childhood programs by their parents.

The school district of attendance shall make the final decisions with respect to the services to be provided to eligible students with disabilities enrolled in nonpublic schools or early childhood programs.

(b) The school district of attendance shall spend an amount of money equal to a proportionate amount of Federal funds available under Part B of the IDEA for the provision of services to students with disabilities who are attending nonpublic schools.

(c) After timely and meaningful consultation with representatives of nonpublic schools, the school district of attendance shall undertake a child find process in accordance with IDEA and its implementing regulations to determine the number of parentally placed children with disabilities attending nonpublic schools located within the school district.

As part of the child find process, the school district of attendance shall consult with private school representatives and representatives of parents of parentally placed nonpublic school children with disabilities in the design and development of special education and related services for such children.

i. After consulting with representatives of participating private schools, the district board of education shall obtain a signed, written affirmation that the consultation as required by IDEA, 20 U.S.C. §§ 1400 et seq., and its implementing regulations at 34 CFR §§ 300.1 et seq. occurred.

ii. If unable to obtain signed, written affirmation, the school district of attendance shall forward documentation of the consultation process to the Office.

iii. Nonpublic school officials may file a complaint with the Department of Education if they believe the consultation process was not meaningful and timely.

(1) The complaint shall set forth the basis for the alleged noncompliance.

(2) The district board of education shall provide documentation of its consultation process to the Department within 30 days of notification of the filing of a complaint with respect to the consultation process.

(3) The Department shall then render a determination of whether the consultation was meaningful and, if appropriate, order any necessary corrective action.

(4) Appeals of a Department of Education determination with respect to the consultation process under this subsection shall be made to the Secretary of the United States Department of Education pursuant to procedures set forth in IDEA, 20 U.S.C. §§ 1400 et seq., and its implementing regulations at 34 CFR Part 300.

(d) Services pursuant to this section may be provided by district board of education personnel or through contracts with individuals or approved clinics or agencies. In addition, services provided pursuant to this section shall be secular, neutral, and non-ideological.

(e) The procedural safeguards available to nonpublic school students with disabilities and their parents as specified by Federal law and rules under Part B of the IDEA shall apply.

The right to request mediation or a due process hearing applies only to the location, identification, evaluation, determination of eligibility, and reevaluation of students with disabilities enrolled in nonpublic schools or early childhood programs by their parents.
Disputes regarding the provision of services to a particular nonpublic school student with a disability shall be addressed through the complaint procedures according to N.J.A.C. 6A:14-9.2.

(f) If a nonpublic school student with a disability will receive special education or related services from the school district of attendance, the school district of attendance shall:

Initiate and conduct meetings pursuant to N.J.A.C. 6A:14-2.3(k) to develop, review, and revise a service plan for the student.

i. For services provided by the district board of education, the service plan for a student with a disability enrolled in a nonpublic school or early childhood program shall include the components described at N.J.A.C. 6A:14-3.7(e)1 through 6, 8, 14, 15, and 16. The transition requirements described at N.J.A.C. 6A:14-3.7(e) shall be included only when the district board of education is providing transition services to the student; and

Ensure that a representative of the nonpublic school or early childhood program attends each meeting. If the representative of the nonpublic school cannot attend, the school district of attendance shall use other methods to ensure participation by the nonpublic school, including individual or conference telephone calls.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (a), inserted a reference to early childhood programs; added (a)1; in (c), added 1 and 2; and added (d).
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote the section.

N.J. Admin. Code § 6A:14-6.2 Provision of programs and services provided under N.J.S.A. 18A:46A-1 et seq. and 18A:46-19.1 et seq

(a) The board of education of the district in which the nonpublic school is located shall provide to nonpublic school students the programs and services required by this subchapter by itself, or through joint agreements with other boards of education or through contracts with educational services commissions or with clinics and agencies approved under N.J.A.C. 6A:14-5.

(b) Specifications for contracts to provide programs and services covered by this subchapter shall be approved by the county superintendent of schools.

(c) Identification, evaluation, determination of eligibility, development of service plans and the provision of speech and language services, home instruction and supplementary instruction shall be provided according to this chapter.

(d) English as a second language shall be provided according to N.J.S.A. 18A:46A-2c.

(e) Compensatory education shall be provided according to N.J.S.A. 18A:46A-2e.

(f) All special education programs and services required by this subchapter shall be provided with parental consent in accordance with N.J.A.C. 6A:14-2.3.

(g) Those procedural safeguards available to nonpublic school students with disabilities and their parents as specified by Federal law and rules under Part B of the IDEA shall apply.

The right to request mediation or a due process hearing applies only to the location, identification, evaluation, determination of eligibility, and reevaluation of students with disabilities enrolled in nonpublic schools.

i. For the services provided, the service plan for a student with a disability enrolled in a nonpublic school shall include the components described in N.J.A.C. 6A:14-3.7(e)1 through 6, (e)8 and (e)14 through 16.

Disputes regarding the provision of services to a particular nonpublic school student with a disability shall be addressed through the complaint procedures according to N.J.A.C. 6A:14-9.2.

(h) Personnel providing a program or service under this subchapter shall be highly qualified and shall meet appropriate certification and if required, licensing requirements. Personnel shall not be employed by the nonpublic school in which the student is enrolled with the exception of personnel providing the types of instruction specified in N.J.A.C. 6A:14-5.1(c)2 ii and iii.

(i) Programs and services for nonpublic school students shall be provided in facilities approved by the Department of Education through its county superintendent of schools according to N.J.S.A. 18A:46-5 and 18A:46-19.5.

(j) Public and nonpublic school students may be grouped for speech correction and the other instructional programs provided under this subchapter, when appropriate.

(k) When the provision of programs and/or services under this subchapter requires transportation or the maintenance of vehicular classrooms, the board of education of the district in which the nonpublic school is located shall provide the transportation and maintenance and the cost shall be paid from State aid received under this subchapter.

( l ) The board of education of the district in which the nonpublic school is located shall maintain all records of nonpublic school students receiving programs and/or services under this subchapter according to N.J.A.C. 6A:32.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (c), substituted a reference to service plans for a reference to individualized education programs; and in (g), added 1 and 2.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (g)1i, updated N.J.A.C. references; in (h), inserted "be highly qualified and shall"; in ( l), updated the N.J.A.C. reference.

N.J. Admin. Code § 6A:14-6.3 Fiscal management provided under N.J.S.A. 18A:46A-1 et seq. and 18A:46-19.1 et seq

(a) Each board of education of the district in which the nonpublic school is located shall provide programs and services under this subchapter at a cost not to exceed the amount of State aid funds.

(b) Each board of education of the district in which the nonpublic school is located shall maintain an accounting system for nonpublic programs and services according to N.J.A.C. 6A:23.

(c) At the close of each school year, the board of education shall report to the Department of Education the total district cost for programs and services provided under this subchapter.

(d) Each board of education of the district in which the nonpublic school is located shall receive State aid for programs and services required by this subchapter for the succeeding school year as available from appropriated funds for nonpublic school programs and services.

History

Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (b), amended NJAC reference.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (b), substituted "6A:23" for "N.J.A.C. 6A:23-2".
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-6.4 End of the year report provided under N.J.S.A. 18A:46A-1 et seq. and 18A:46-19.1 et seq

(a) Annually, the board of education shall submit to the Department of Education a report describing the programs and services provided under this subchapter.

(b) The end of the year report shall include the numbers of nonpublic school students provided each program or service and such other information as may be required by the Department of Education.

N.J. Admin. Code § 6A:14-6.5 Placement in accredited nonpublic schools that are not specifically approved for the education of students with disabilities

(a) Pursuant to N.J.S.A. 18A:46-14, school-age students with disabilities may be placed in accredited nonpublic schools that are not specifically approved for the education of students with disabilities with the consent of the Commissioner of Education, by order of a court of competent jurisdiction, or by order of an administrative law judge as a result of a due process hearing. Preschool-age students with disabilities may be placed in early childhood programs operated by agencies other than a district board of education by the district board of education pursuant to N.J. A.C. N.J.A.C. 6A:14-4.3(d) or by an administrative law judge as a result of a due process hearing.

(b) The Commissioner's consent shall be based upon the district board of education's certification that the following requirements have been met:

The nonpublic school is accredited. Accreditation means the on-going, on-site evaluation of a nonpublic school by a governmental or independent educational accreditation agency that is based upon written evaluation criteria that address educational programs and services, school facilities, and school staff;
A suitable special education program pursuant to N.J.S.A. 18A:46-14.a through h cannot be provided to the student;
The most appropriate placement for the student is this nonpublic school;
The program to be provided shall meet the requirements of the student's IEP;
The student shall receive a program that meets all the requirements of a thorough and efficient education as defined at N.J.S.A. 18A:7A-5c through g. These requirements shall be met except as the content of the program is modified by the IEP based on the educational needs of the student. Statewide assessment and graduation requirements shall apply. Participation in Statewide assessment and/or exemptions from graduation requirements shall be recorded in the student's IEP pursuant to N.J.A.C. 6A:14-3.7(e)7 and 9.

i. All personnel providing either special education programs pursuant to N.J.A.C. 6A:14-4.4, 4.5, 4.6, or 4.7 or related services pursuant to N.J.A.C. 6A:14-3.9 shall hold the appropriate educational certificate and license, if one is required, for the position in which they function;

ii. All personnel providing regular education programs shall either hold the appropriate certificate for the position in which they function or shall meet the personnel qualification standards of a recognized accrediting agency;

iii. All substitute teachers and aides providing special education and related services shall be employed according to applicable rules at N.J.A.C. 6A:9B-7, N.J.A.C. 6A:32-4.2, and this chapter;

The student shall receive a comparable program to the program required to be provided by the district board of education pursuant to N.J.S.A. 18A:35-1, 2, 3, 5, 7, and 8, 18A:40A-1, and 18A:6-2 and 3 and N.J.A.C. 6A:8-3.1, and 6A:14-1, 2, 3, and 4. The requirements shall be met, except as the content of the program is modified by the IEP based on the educational needs of the student. Exemptions shall be recorded in the student's IEP pursuant to N.J.A.C. 6A:14-3.7(e)7 and 9;
The nonpublic school provides services that are nonsectarian;

The nonpublic school complies with all relevant State and Federal antidiscrimination statutes;

Written notice has been provided to the student's parent regarding this placement. The written notice included a statement that:

i. The nonpublic school is not an approved private school for students with disabilities and that the district board of education assumes the ongoing monitoring responsibilities for the student's program;

ii. No suitable special education program could be provided to this student pursuant to N.J.S.A. 18A:46-14; and

iii. This is the most appropriate placement available to this student;

The placement is not contested by the parents; and
The nonpublic school has been provided copies of N.J.A.C. 1:6A, 6A:14, and 6A:32.

(c) In a due process hearing, the authority of the Commissioner to consent to a placement in an accredited nonpublic school shall be delegated to the administrative law judge assigned to the case when:

The administrative law judge makes a factual determination that the certifications in (b) above are met; or
The district board of education and the parent agree to a settlement of the matter that would include placement under N.J.S.A. 18A:46-14, and the administrative law judge approves the settlement. Approval may be granted if the district board of education makes the certifications in (b) above. A copy of the signed consent application shall be attached to the settlement agreement and forwarded by the district board of education to the Department of Education through the county office of education.

(d) The district board of education shall be responsible to monitor the student's placement at least annually to ensure the program's compliance with the certifications.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (a), inserted "of Education" following "Commissioner"; and added references to placement of students by order of an administrative law judge as a result of a hearing.
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (b), amended NJAC references.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Section was "Placement in accredited nonpublic schools which are not specifically approved for the education of disabled students". In (a), substituted "students with disabilities" for "disabled students" following "education of" and substituted "(d)" for "(c)"; in the introductory paragraph of (b)5 and (b)6, substituted "(e)7 and 9" for "(d)5 and 7"; in (b)5i, substituted "3.9" for "3.8"; rewrote (b)5iii; in (b)9i, substituted "students with disabilities" for "the disabled"; and in (b)11, substituted "6A:32" for "N.J.S.A. 6:3-6".
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).
Administrative change.
See: 46 N.J.R. 1743(a).

Subchapter 7 RECEIVING SCHOOLS

N.J. Admin. Code § 6A:14-7.1 General requirements

(a) Receiving schools include educational services commissions, jointure commissions, regional day schools, county special services school districts, the Marie H. Katzenbach School for the Deaf, approved private schools for students with disabilities (that may or may not provide residential services) and public college operated programs for students with disabilities. Receiving schools shall obtain prior written approval from the Department of Education to provide programs for students with disabilities through contracts with district boards of education.

Approval to establish or change a program shall be based upon the criteria established by the Department of Education in this subchapter.

Monitoring and approval shall be conducted on an ongoing basis by the Department of Education.

(b) For a student in a program operated by, or under contract with, the Department of Education, the district board of education retains responsibility for the provision of programs and services under this chapter.

Exceptions regarding age range and class size shall be requested by the district board of education of the school district of residence and determined pursuant to N.J.A.C. 6A:14-4.9. District boards of education and providers of programs under this subchapter shall maintain documentation of this approval.

(d) Annually, providers of programs under this subchapter shall prepare and submit a report to the Department of Education through the county office of education. The report shall be submitted on a format provided by the Department of Education and shall include the kind and numbers of staff providing special education and related services.

(e) Annually, providers of programs pursuant to this subchapter shall prepare and submit a report, in a format provided by the Department of Education, to the Department of Education through the county office. The report shall include, but not be limited to, the number of enrolled students by age, race, ethnicity, the number of students whose placements were terminated during the previous school year, and, when known, the subsequent placement for each student whose placement was terminated.

(f) Out-of-State private schools for students with disabilities shall be approved to provide special education programs by the department of education of the state in which they are located prior to applying for eligibility to receive New Jersey students.

(g) The residential component of an approved private school for students with disabilities shall be approved by either the New Jersey Department of Human Services or by the appropriate government agency in the State in which the school is located.

(h) An employee of a district board of education who is directly or indirectly responsible for the placement of students with disabilities shall have no interest in, and shall not be employed by, any approved private school for students with disabilities that serves students with disabilities placed by that district board of education.

History

Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote (c)1; added new (e) and recodified former (e) through (g) as new (f) through (h); throughout the section, substituted "students with disabilities" for "the disabled".
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-7.2 Approval procedures to establish a new approved private school for students with disabilities

(a) Prior to the establishment of an approved private school for students with disabilities, an application shall be submitted to the Department of Education according to the following schedule:

The applicant shall submit a description of the program and services to be offered that shall include, but not be limited to:

i. The educational philosophy of the program;

ii. Characteristics of the program, which shall include the number of students to be served, numbers and types of classes, number of school days, and daily hours in session;

iii. The curriculum and materials, including a description of how the New Jersey Student Learning Standards will be implemented;

iv. A mechanism for evaluating student progress and program efficacy; and

v. The organizational structure, including projected number of personnel by title, job function, and personnel requirements, including certification;

The applicant shall include a survey of need indicating the number, age range, types of students with disabilities to be served by the proposed programs/services, and the reasons the students cannot be served in the school district of residence, supported by documentation from district board (s) of education. The Department of Education shall determine if the program to be provided by the approved private school for students with disabilities is needed and shall notify the applicant of the decision no later than 90 calendar days after receipt of the survey of needs.

i. Any appeal of a decision to deny approval may be made to the Commissioner of Education in accordance with N.J.A.C. 6A:3;

Additionally, each approved private school for students with disabilities shall submit:

i. An affidavit that its programs and services for students with disabilities are nonsectarian and in compliance with N.J.S.A. 18A:46-1 et seq., N.J.A.C. 6A:14, IDEA (20 U.S.C. §§ 1400 et seq.), and the Rehabilitation Act of 1973 (U.S P.L. 93-112 Section 504, 29 U.S.C. § 794a);

ii. The administrative policies and procedures of the school;

iii. An assurance that necessary emergency procedures will be followed;

iv. A copy of the approval of the facility by the issuing agency, including a certificate of occupancy and certification of health and fire approval;

v. A copy of the certificate of incorporation;

vi. Staffing information, which shall include a list of professional staff who will provide services. The list shall verify each individual's certification and license, if one is required, the function he or she will perform, and that a criminal history review pursuant to N.J.S.A. 18A:6-7.1 has been completed for the individual; and

vii. A projected budget in accordance with N.J.A.C. 6A:23-4.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:14-7.3 Amendment procedures for receiving schools

(a) An approved receiving school for students with disabilities may amend its policies, procedures, the services provided, or the location of its facilities by obtaining prior written approval from the Department of Education through the county office of education.

To amend the policies, procedures, nature, and/or scope of the services provided, or to increase or decrease the services provided, the approved receiving school shall submit the following:

i. A copy of the revised policy and/or procedure;

ii. A revised description of the scope and nature of the services to be offered pursuant to N.J.A.C. 6A:14-7.2; and

iii. A list of professional staff who will provide the services. The list shall verify each individual's certification and license, if one is required, that a criminal history review pursuant to N.J.S.A. 18A:6-7.1 has been completed for the individual, and the function he or she shall perform.

To amend the location of its facilities, an approved private school for students with disabilities shall submit a copy of the valid health, fire, HVAC inspections, occupancy and, if applicable sewerage plant.
Pursuant to N.J.A.C. 6A:23A-18.4, if an approved private school for students with disabilities seeks to expand the school and its program by opening an additional location, the school shall submit an application for approval as a new private school for students with disabilities in accordance with this subchapter and receive approval prior to operating an approved private school in the new location.

(b) When a professional staff member leaves or a new professional staff member is hired by an approved private school for students with disabilities, the approved private school shall provide written notification to the Department of Education through the county office of education within seven calendar days of the change.

History

Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (a)1iii, inserted ", that a criminal history review pursuant to N.J.S.A. 18A:6-7.1 has been completed for the individual"; in (a)2, substituted "students with disabilities" for "the disabled" and "HVAC" for "boiler"; added (a)3; in (b), substituted "students with disabilities" for "the disabled".

N.J. Admin. Code § 6A:14-7.4 Annual procedures for approved private schools for students with disabilities

(a) Annually, each approved private school for students with disabilities shall submit fiscal information pursuant to N.J.A.C. 6A:23A-18 to the Office of School Finance.

(b) Annually, each approved private school for students with disabilities shall obtain valid certificates of fire inspection and, if applicable, health, HVAC inspections, and, sewerage plant. The certificates shall be maintained and shall be available upon request for review by the Department of Education through the county office of education.

History

Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (a), amended NJAC reference.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Section was "Annual procedures for private schools for the disabled". Substituted "students with disabilities" for "the disabled" throughout; in (b), substituted "HVAC inspections," for "boiler inspections, occupancy".

N.J. Admin. Code § 6A:14-7.5 Responsibilities of district boards of education

(a) The educational program of a student with a disability provided through contractual agreements pursuant to N.J.A.C. 6A:14-7.1(a) shall be considered the educational program of the district board of education. The district board of education shall be responsible for the development and annual review of the student's IEP and the reevaluation of the student. At least annually, the district board of education shall monitor the implementation of the IEP.

For students with disabilities placed in programs described in N.J.A.C. 6A:14-7.1(a), representative(s) of the program and the district board of education shall participate in meeting(s) according to N.J.A.C. 6A:14-2.3(k)2.

(b) When a student with a disability is placed in a receiving school pursuant to N.J.A.C. 6A:14-7.1(a), the district board of education shall provide written notification to the Department of Education through the county office of education within 10 calendar days of the placement. The notification shall include a copy of the student's IEP.

A district board of education shall place a student with a disability in a receiving school only when it can assure that the student's IEP can be implemented in that setting.

i. The IEP of a student placed in a receiving school shall be amended by only the IEP team of the district board of education.

Prior to placement in the receiving school, a representative of the district board of education and, if possible, the parent shall visit the school.
When a district board of education places a student with a disability in an approved residential private school in order to provide the student a free, appropriate public education, the placement shall be at no cost to the parent. The district board of education shall be responsible for special education costs, room, and board.
Placement of a student with a disability in an approved residential private school by a public agency other than the district board of education shall be subject to the rules governing public agencies and in this chapter. The district board of education shall pay the nonresidential special education and related services costs. When the student has been placed by a public agency empowered to make such placement, the district board of education shall convene a meeting pursuant to N.J.A.C. 6A:14-2.3(k) to revise the IEP as necessary to provide the student special education and related services.

(c) If the approval of a private school for students with disabilities is removed pursuant to N.J.A.C. 6A:14-7.10(b)2 or 6A:23A-18.15(f)2, a district board of education having a student with a disability placed therein shall immediately begin seeking an alternative, appropriate placement for the student.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (c), deleted a reference to each school year.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (a)1, updated the last N.J.A.C. reference; rewrote (b)1; in (b)4, updated the N.J.A.C. reference, inserted "and related services" and added "to provide the student special education and related services" at the end; deleted former (c) and recodified former (d) as new (c), substituting "students with disabilities" for "the disabled".

N.J. Admin. Code § 6A:14-7.6 Provision of programs

(a) An educational program provided under this subchapter shall conform to the requirements of N. J.A.C. N.J.A.C. 6A:14-2.8, the applicable provisions of N.J.A.C. 6A:14-4, and the student's IEP.

(b) When the parent or district board of education requests mediation or due process, the student with a disability shall remain in the current placement, according to N.J.A.C. 6A:14-2.6(d)10 or 2.7(u), as applicable.

(c) All personnel serving students with disabilities shall be appropriately certified and licensed, where a license is required, in accordance with State and Federal law.

(d) Each school shall have on staff a full-time non-teaching principal who shall be responsible for administration and supervision of the school.

In lieu of assigning a full-time non-teaching principal to a school, a plan to ensure adequate supervision of students and staff may be submitted to the executive county superintendent for approval;
If the executive county superintendent approves the plan, the school shall operate in accordance with the plan in lieu of having a full-time non-teaching principal on staff.

(e) Students with disabilities who are placed in receiving schools may be suspended for up to 10 consecutive or cumulative school days in a school year by the receiving school. Such suspensions are subject to the same district board of education as the procedures for nondisabled students as set forth at N.J.A.C. 6A:14-2.8. However, at the time of suspension, the principal of the receiving school shall provide written notification and a description of the reason(s) for the action to the district board of education's case manager.

(f) A receiving school shall not unilaterally implement disciplinary action involving removal to an interim alternative educational setting, suspension of more than 10 consecutive or cumulative school days in a school year, or termination of placement. Such disciplinary action shall be implemented in conjunction with the sending district board of education pursuant to N.J.A.C. 6A:14-2.8.

(g) Educational programs shall be open to observation at all times to representatives of the sending district board of education and of the Department of Education.

(h) With prior written approval of the Department of Education, a school described at N.J.A.C. 6A:14-7.1(a) may operate extended school year services.

(i) In accordance with N.J.A.C. 6A:32-8.3(b), a school day shall consist of not less than four hours of actual school work, which does not include nonacademic time such as lunch and recess periods. A special class program for preschoolers with disabilities operated pursuant to N.J.A.C. 6A:14-4.1 may be considered a full-day program.

(j) A provider of programs under this subchapter shall notify the Department of Education a minimum of 90 calendar days prior to ceasing operation or a change in ownership.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (d), inserted "consecutive or cumulative" preceding "school days"; and amended the N.J.A.C. reference in the last sentence.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote the section.

N.J. Admin. Code § 6A:14-7.7 Termination or withdrawal from a receiving school

(a) When a receiving school is considering the termination of a student's placement prior to the end of the student's academic year, the receiving school shall immediately contact the sending district board of education. The district board of education shall convene an IEP meeting pursuant to N.J.A. C. N.J.A.C. 6A:14-2.3(k). The IEP meeting shall occur within 10 school days of the date of the notification and shall include the participation of appropriate personnel from the receiving school, including a minimum of one person who participated in making the recommendation to terminate the placement.

At the IEP meeting, the IEP team shall review the student's current IEP and determine the student's new placement. Written notice of any changes to the IEP and the new placement shall be provided within 10 days of the date of the IEP meeting. The student may be terminated from the current placement after the district board of education has provided written notice to the parents pursuant to N.J.A.C. 6A:14-2.3. The termination shall be in accordance with the provisions of the contract between the receiving school and the district board of education.

(b) When the district board of education is considering the withdrawal of a student with a disability from a receiving school prior to the end of the student's academic year, the district board of education shall convene an IEP meeting pursuant to N.J.A.C. 6A:14-2.3(k). The IEP meeting shall include appropriate personnel from the receiving school. At the IEP meeting, the IEP team shall review the student's current IEP and determine the student's new placement. Written notice of any changes to the IEP and the new placement shall be provided within 10 days of the date of the IEP meeting. The student may be terminated from the current placement after the district board of education has provided written notice to the parents pursuant to N.J.A.C. 6A:14-2.3. The termination shall be in accordance with the provisions of the contract between the receiving school and the district board of education.

(c) Prior to a parent withdrawing a student with a disability from a receiving school, the parent shall request that the district board of education convene an IEP meeting according to N.J.A.C. 6A:14-2.3(k).

(d) A student with a disability placed in a receiving school by the district board of education shall receive a diploma from the district board of education if the requirements of N.J.A.C. 6A:14-4.1 1 are met.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (d), amended N.J.A.C. reference.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote the introductory paragraph of (a) and (d); at (a)1 and (b), substituted "within 10 days of the date of the IEP meeting" for "without delay"; in (b) and (c), substituted "N.J.A.C. 6A:14-2.3(k)" for "N.J.A.C. 6A:14-2.3(i)2".
Petition for Rulemaking.
See: 49 N.J.R. 1561(b), 1562(a).

N.J. Admin. Code § 6A:14-7.8 Fiscal management

(a) A district board of education shall pay tuition for all special education programs and required services provided only after receiving individual student placement approval.

(b) The district board of education shall establish a written contract for each student with a disability placed in a program approved under this subchapter. The contract shall include a written agreement concerning tuition charges, costs, terms, conditions, and services and programs to be provided for the student with a disability. For students placed in an approved private school for students with disabilities, the district board of education shall use the mandated tuition contract pursuant to N.J.A.C. 6A:23A-18.3.

(d) Transportation for students in residence at the Marie H. Katzenbach School for the Deaf shall be according to N.J.A.C. 6A:27-5.2.

(e) All approved private schools for students with disabilities shall submit a certified audit to the Department of Education by November first, for the prior school year, according to N.J.A.C. 6A:23A-18.10.

History

Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Amended NJAC references throughout.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In the first sentence of (b), substituted "student with a disability" for "disabled student"; in the last sentence of (b) and in (e), substituted "students with disabilities" for "the disabled".
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-7.9 Records

(a) All receiving schools under this subchapter shall conform to the requirements of N.J.A.C. 6A:32-7pe rtaining to student records. In addition:

All student records maintained by a receiving school under this subchapter shall be returned to the sending district board of education when a student's program is terminated.
Requests for access to student records by authorized organizations, agencies, or persons as stated at N.J.A.C. 6A:32-7.5 shall be directed to the chief school administrator or his or her designee of the sending district board of education for the student with a disability.
The daily attendance record of all students in receiving schools under this subchapter shall be maintained pursuant to N.J.A.C. 6A:23A-18.9 and made available to the district board of education upon request. Habitual tardiness or prolonged absences of five or more consecutive days shall be reported in writing to the chief school administrator of the district board of education or his or her designee.

(b) Student progress reports shall be submitted to the sending district board of education at least three times a year or as stipulated in the contract between the district board of education and the receiving school.

History

Amended by R.1998 d.527, effective 11/2/1998.
See: 30 N.J.R. 2852(a), 30 N.J.R. 3941(a).
In (a)3, added "or his or her designee" at the end.
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (a)3, amended NJAC reference.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In the introductory paragraph of (a) and in (a)2, substituted "6A:32" for "N.J.S.A. 6:3-6"; in (a)3, inserted "of five or more consecutive days"; in (b), added "between the district board of education and the receiving school" at the end.
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-7.10 Monitoring and corrective action

(a) The Department of Education shall monitor approved private schools for students with disabilities pursuant to N.J.A.C. 6A:14-9.1. On-site monitoring shall be conducted in accordance with the schedule established by the Department of Education.

(b) When an approved private school is determined to be in noncompliance, Department of Education actions may include, but are not limited, to the following:

The Department of Education may issue a conditional approval status when noncompliance is demonstrated with State or Federal statute or rules and/or implementation of a corrective action plan.

i. An approved private school that is issued a conditional approval status may not accept new students;

The Department of Education may revoke approval, effective at the end of a school year, when chronic or systemic noncompliance is demonstrated; and
The Department of Education may immediately remove program approval when it is documented that the health, safety, or welfare of the students is in danger.

(c) An appeal of the actions of the Department of Education may be made to the Commissioner of Education according to N.J.A.C. 6A:3.

History

Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
In (c), changed N.J.A.C. reference.
Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (a), substituted "six" for "four" preceding "years".
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (a), substituted "students with disabilities" for "the disabled" and "in accordance with the schedule established by the Department" for "at least every six years".

Subchapter 8 PROGRAMS OPERATED BY THE DEPARTMENTS OF CORRECTIONS AND HUMAN SERVICES, AND THE JUVENILE JUSTICE COMMISSION

N.J. Admin. Code § 6A:14-8.1 General requirements

(a) Special education programs provided in State facilities shall be operated pursuant to N.J.A.C. 6A:17-3 and this chapter.

(b) Each State agency operating approved special education programs shall develop a special education plan pursuant to N.J.A.C. 6A:14-1.2. The plan also shall include:

A list of all State and Federal funding sources; and
A separate educational budget statement for each State facility.

(c) All students with disabilities shall receive an educational program and related services based on an IEP. A student who has an individualized habilitation plan or an individual treatment plan, as defined by the Department of Human Services, shall have the IEP incorporated into the plan.

(d) The length of the school day for all special education programs under this subchapter, with the exception of home instruction, shall be at least as long as that established for nondisabled students. Educational programs shall operate at least 220 days each year.

(e) Each district board of education shall provide mandated student records pursuant to N.J.A.C. 6A:32-7 to programs operated by a State agency when a student is placed in a State facility. The parent or adult student shall receive notification of the release of the records to the facility. Permitted records pursuant to N.J.A.C. 6A:32 shall be released only with consent.

(f) For a student in residence in a State facility, the district board of education shall maintain the educational records sent by the State facility pursuant to N.J.A.C. 6A:32-7.

(g) For a student in residence in a State facility, the district board of education shall facilitate the entry of the student into the district board of education program, as appropriate.

(h) When a student is placed in a State facility by a public agency other than the district board of education, the State facility shall provide a program according to the following:

If the student is a student with a disability, an immediate review of the classification and IEP shall be conducted and the student shall be placed in a program consistent with the goals and objectives of the current IEP.
If the student is not currently classified as a student with a disability, or if the State facility does not have current school records, within 30 calendar days of placement in the State facility, the State facility shall review the student's educational status and determine if referral to the child study team is required.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (e), deleted a reference to adult student.
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (a), amended NJAC reference.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (e) and (f), substituted "6A:32" for "N.J.S.A. 6:3-6"; in (h)1 and (h)2, substituted "a student with a disability" for "disabled".
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-8.2 Procedural safeguards

(a) Mediation shall be available for a student in a State facility according to N.J.A.C. 6A:14-2.6.

(b) A request for a due process hearing for a student in a State facility shall be made to the Department of Education according to N.J.A.C. 6A:14-2.7.

(d) Surrogate parents shall be appointed according to N.J.A.C. 6A:14-2.2.

History

Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (c), substituted "students with a disability" for "disabled students".
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-8.3 Provision of programs

(a) A residential State facility may recommend placement of a student with a disability in a school district. Documentation of attempts to place the student in the least restrictive environment pursuant to N.J.A.C. 6A:14-4sh all be stated in the student's IEP. Tuition shall be paid by the State facility to the district board of education where the student is placed.

(b) All personnel providing special education programs, related services, or multi-disciplinary team services in State facilities shall hold the appropriate certificate and, if required, a license for the position in which they function.

The Department of Human Services shall provide educational programs and related services for students with disabilities in State-operated or contracted facilities;
The district board of education shall be responsible for providing the services according to N.J.A.C. 6A:14-3.3 through 3.8. The day school program is responsible for implementing the IEP developed by the district board of education; and
The district board of education shall be responsible to monitor the student's placement at least annually to ensure the implementation of the IEP.

(d) An educational program for students with disabilities in a State residential facility shall be commensurate with the educational program in a day school program.

(e) For students placed in State facilities, representative(s) of the program and the district board of education shall participate in any meeting(s) according to N.J.A.C. 6A:14-2.3(k).

(f) When a student in a State facility is in need of home instruction according to N.J.A.C. 6A:16-10.1, the State facility shall implement the home instruction program.

History

Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (a), substituted "4" for "4.2"; rewrote (b); in (e), substituted "(k)" for "(i)"; in (f), substituted "N.J.A.C. 6A:16-10.1" for "N.J.A.C. 6A:14-4.9".
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

Subchapter 9 MONITORING, CORRECTIVE ACTION AND COMPLAINT INVESTIGATION

N.J. Admin. Code § 6A:14-9.1 Monitoring and corrective action

(a) The Department of Education shall monitor all programs and services required by this chapter for compliance with New Jersey statutes, the New Jersey Administrative Code, the approved special education plan, and Federal requirements under the Individuals with Disabilities Education Act (IDEA).

The monitoring process shall include, but not be limited to, review of:

i. Provision of a free, appropriate public education in the least restrictive environment;

ii. Provision of transition services; and

iii. Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the disproportionate representation is the result of inappropriate identification.

(b) The monitoring procedures may include, but are not limited to:

Review of data, reports and student records;
On-site visits;
Comparison of a sample of IEPs with the programs and services provided;
Development of a required action plan to address areas of noncompliance identified during the monitoring; and
Audit of Federal and State funds.

(c) After the monitoring process is completed, a report shall be written by the Department of Education and sent to the public or private agency.

(d) The required action plan shall include, but not be limited to, the following:

Objectives and strategies for correcting each noncompliance item cited, including resources needed; and

The dates by which noncompliance will be corrected.

(e) The Department of Education shall maintain monitoring records for at least five years.

History

Amended by R.2000 d.137, effective 4/3/2000.
See: 31 N.J.R. 4173(a), 32 N.J.R. 1177(a).
In (h), changed N.J.A.C. reference.
Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
In (a), added a reference to Federal requirements under IDEA.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote the section.

N.J. Admin. Code § 6A:14-9.2 Complaint investigation

(a) The Director of the Office or designee(s) shall be responsible for reviewing, investigating, and taking action on any signed, written complaint regarding the provision of special education and related services covered under this chapter.

(b) An organization or individual may request a complaint investigation by simultaneously submitting a signed, written request to the Director of the Office and to the public agency against which the complaint is directed. The complaint shall include:

A statement that a public or private education agency has violated the requirements of State and/or Federal statute and/or regulation for the provision of special education and related services;
The facts on which the statement is based; and
The time period when the alleged violation occurred.

i. The complainant shall allege a violation that occurred not more than one year prior to the date that the complaint is received by the Director of the Office.

(c) The Office shall, if deemed necessary, complete an investigation within 60 calendar days after receipt of the signed, written complaint and issue a report setting forth a final decision regarding the complaint, unless the time period is extended pursuant to (c)5 below.

If a party believes that a final decision includes an error that is material to the determination in the decision, the party may inform the Office and the other party in writing, within 15 days of the date of the report. The written notice shall identify the asserted error and include any documentation to support the claim. The Office will determine the appropriate steps to consider the claim of error after receipt of the letter.
The investigation may include, but not be limited to:

i. Review of policies and procedures;

ii. Review of student record(s);

iii. Observation of programs;

iv. Interview(s);

v. An on-site investigation, if determined necessary; and

vi. If the parent consents, an opportunity for the education agency to engage the parent in mediation or an alternative means of dispute resolution.

The complainant shall be given the opportunity to provide additional information, either orally or in writing, about the allegations in the complaint.
The education agency against which the complaint is directed shall be provided an opportunity to respond to the complaint and, at the discretion of the Director of the Office or a designee, may be afforded an opportunity to resolve the issues in the complaint prior to issuance of an investigation report.
The Director of the Office may extend the timeline for completion of the investigation only if exceptional circumstances exist with respect to a particular complaint, or if the parent and education agency agree to mediate the dispute or engage in another means of dispute resolution.

(d) If a written complaint is also the subject of a due process hearing or contains multiple issues of which one or more are part of that hearing, the Office shall set aside the entire complaint until the conclusion of the hearing.

If an issue raised in a complaint has been previously decided in a due process hearing involving the same parties, the hearing decision is binding and the Office shall inform the complainant to that effect.

(e) A report of findings, conclusions, and, when warranted, the required corrective actions shall be issued within 60 calendar days after receipt of the written signed complaint unless the 60-day time period is extended pursuant to (c)5 above.

(f) If the education agency is found to be in noncompliance, a corrective action plan in accordance with the directive in the report shall be developed and submitted to the Office.

(g) The corrective action plan shall include, but not be limited to:

Objectives, strategies, and activities for correcting each noncompliance item cited, including resources needed to obtain the objectives; and

The dates by which the noncompliance will be corrected.

(h) The Director of the Office shall review the corrective action plan and notify the education agency if it is acceptable.

(i) The Office shall review and verify the implementation of the corrective action plan.

(j) When a corrective action plan is not submitted, is unacceptable, or is not implemented, the Office shall notify the agency of the actions the Office intends to take.

(k) Nothing in this section shall be construed as limiting the right of parents or adult students to seek a due process hearing with regard to issues raised in a request for complaint investigation. If a due process hearing is sought while a complaint investigation is pending, the complaint investigation with respect to all issues in the request for a due process hearing shall be placed in abeyance pending completion of the due process hearing. Upon completion of the due process hearing, the complaint shall be processed pursuant to (d) above.

History

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Amended (b); in (c), added a new 2 and recodified former 2 as 3; added a new (d) and recodified former (d) as (e); and recodified former (e) through (i) as (f) through (j).
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Rewrote the section.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote (b) through (f).

Subchapter 10 EARLY INTERVENTION PROGRAMS

N.J. Admin. Code § 6A:14-10.1 Early intervention programs serving children between birth and age three

Early intervention programs shall be administered by the Department of Health as the lead agency in collaboration with the Departments of Human Services and Education in accordance with P.L. 2012, c. 17 and c. 45.

History

Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

N.J. Admin. Code § 6A:14-10.2 General requirements when district boards of education contract with early intervention programs under contract with the Department of Health for students age three

(a) When an IEP is developed by a district board of education for a child age three who has been enrolled in an early intervention program and it is determined that the district board of education shall provide a free, appropriate public education for the student by continuing the program in the early intervention program for the balance of the school year, the following requirements shall apply:

The district board of education shall be responsible for ensuring the requirements of N.J.A.C. 6A:14-1.1(d) are met;
A contractual agreement shall be provided between the district board of education and the early intervention program;
Personnel shall be appropriately certified and, if required, licensed; and
Applications for exceptions pursuant to N.J.A.C. 6A:14-4.9 shall be made by the district board of education whenever necessary.

(b) When the district board of education determines that the child who has been enrolled in the early intervention program requires extended school year services, the district board of education may contract with the early intervention program for the provision of that program.

History

Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
In (a)4, amended NJAC reference.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
In (a)4, substituted "4.9" for "4.10".
Notice of readoption with technical change.
See: 45 N.J.R. 1909(c).

Chapter 15 BILINGUAL EDUCATION

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:15-1.1 General requirements

(a) The purpose of this chapter is to:

Ensure all multilingual learners (MLs) as defined in this chapter are provided with a free, appropriate public education pursuant to N.J.S.A. 18A:35-15 to 26;
Ensure the rights of MLs are protected;
Ensure the provision of culturally and linguistically responsive, researched-based, and effective language instruction educational programs (LIEPs);
Assist district boards of education in providing bilingual education and dual language immersion programs that promote bilingualism, biliteracy, cross-cultural competency, and high levels of academic achievement in English and the student's primary language(s);
Prepare students with the knowledge and skills to be able to succeed in a global society;
Lead high school students, if they choose, and if provided by the school district, to be on a path toward attaining the State Seal of Biliteracy in their primary language;
Ensure the evaluation of the effectiveness of the LIEPs and education of MLs;
Ensure MLs receive equal educational opportunities, programs, and services necessary to achieve a thorough and efficient education; and
Ensure district boards of education are providing LIEPs that are aligned to the NJSLS, New Jersey Preschool Teaching and Learning Standards of Quality, English Language Development (ELD) standards for kindergarten through grade 12, and the Early Language Development Standards.

(b) The rules of this chapter shall apply to all district boards of education.

Administer the provisions of this chapter;
Provide culturally and linguistically responsive technical assistance to each district board of education in the implementation of LIEPs; and
Coordinate and monitor, in conjunction with the county offices of education, the local, State, and Federal programs designed to meet the educational needs of MLs.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise.

"Alternate English language proficiency assessment" (alternate ELP assessment) means a Department-approved assessment for students with the most significant cognitive disabilities that assesses a student's English language proficiency (ELP) on the four domains of listening, speaking, reading, and writing, and that is aligned with the ELD standards and the Individuals with Disabilities Education Act (IDEA).

"Bilingual education program" means a full-time LIEP in all courses or subjects provided in accordance with N.J.S.A. 18A:35-18. Students in a bilingual education program receive instruction in the primary language of MLs enrolled in the program and in English, while also receiving ESL instruction. Educators use the primary language of instruction to enhance literacy in the primary language and as a support in the development of listening, speaking, reading, and writing skills in English. Students also receive instruction in the history and culture of the country, territory, or geographic area that is the native land of the parents and families of MLs enrolled in the program, and in the history and culture of the United States.

"Bilingual part-time program" means an instructional program alternative in which students receive their academic content area classes in English language arts (ELA) and mathematics instruction with a certified bilingual teacher who provides instruction in the primary language of the MLs in the program, as well as ESL instruction.

"Bilingual resource program" means an instructional program alternative in which students receive instruction and resources that are individualized for each student, daily instruction from a certified bilingual teacher in academic content areas as identified by the school district, as well as ESL instruction.

"Bilingual tutorial program" means an instructional program alternative in which students receive one period of instruction from a certified bilingual teacher in an academic content area required for graduation, a second period of tutoring in another required content area, as well as ESL instruction.

"Class period" means the time allocated for instruction in academic content areas as part of the regular school schedule for each day in session as set forth at N.J.A.C. 6A:32-8.3. In a block schedule, weekly instruction is equivalent to one class period for each day of school in a given week.

"Comprehensive equity plan" means the same as that term is defined pursuant to N.J.A.C. 6A:7-1.3.

"Cut score" means the same as that term is defined pursuant to N.J.A.C. 6A:8-1.3.

"District board of education" means the provider of publicly funded preschool, elementary, and secondary education programs, including a district board of education, charter school board of trustees, State agency, or other public education agency that acts as the school district of residence for the location, identification, evaluation, determination of eligibility, and provision of a free and appropriate public education to MLs, except as defined otherwise.

"Dual language immersion program" means, for the purpose of meeting the LIEP requirements at N.J.S.A. 18A:35-18 and this chapter, a full-time LIEP that provides students structured English language instruction and instruction in a second language in all academic content areas. MLs in the program receive instruction in their primary language, as well as ESL instruction. A dual language immersion program provides daily instruction in English and a minimum of 50 percent of instruction in the primary language of enrolled MLs. A dual language immersion program that is designed to support MLs is sometimes referred to as a two-way bilingual education program.

"Early Language Development Standards" means the preschool English language development standards for preschool students developed by WIDA. The standards correspond to five domains of children's development and learning: approaches to learning, language and communication development, cognition and general knowledge, physical well-being and motor development, and social and emotional development. The standards incorporated herein by reference, are published by the Board of Regents of the University of Wisconsin System, on behalf of the WIDA Consortium and are available at http://wida.wisc.edu/teach/early.

"Educational activities and programs" means the same as that term is defined pursuant to N.J.A.C. 6A:7-1.3.

"Educational equity" means the same as that term is defined pursuant to N.J.A.C. 6A:7-1.3.

"Educational needs" means the particular educational requirements of MLs; the fulfillment of which will provide them with equal educational opportunities.

"English as a second language (ESL) program" means a daily class period of second-language acquisition instruction within an LIEP and based on a student's English language proficiency that teaches the English language development standards and incorporates the cultural aspects of the students' experiences in their ESL instruction.

"English language development standards" or "ELD standards" means the 2020 Amplification of the English Language Development Standards, Kindergarten-Grade 12, incorporated herein by reference, as amended and supplemented, developed by WIDA. They are the standards and language competencies in listening, speaking, reading, and writing that MLs in preschool programs, and elementary and secondary schools, need to become fully proficient in English and to have unrestricted access to grade-appropriate instruction in challenging academic content areas. The standards are a version of English language arts that have been crafted to address the specific developmental stages of students learning English. The standards are published by the Board of Regents of the University of Wisconsin System, on behalf of the WIDA Consortium (www.wida.us) and are available for review at http://wida.wisc.edu/sites/default/files/resource/WIDA-ELD-Standards-Framework-2020.pdf.

"English language proficiency assessment" or "ELP assessment" means a Department-approved assessment that evaluates a student's English language proficiency on the four domains of listening, speaking, reading, and writing, and that is aligned with the ELD standards.

"English language services" means services designed to improve the English language skills of MLs. The services, provided in school districts with less than 10 MLs in kindergarten through 12th grade, are part of the regular school program and are designed to develop proficiency in the ELD standards.

"Equal educational opportunity" means the same as that term is defined pursuant to N.J.A.C. 6A:7-1.3.

"Exit criteria" means the criteria that must be applied before a student may be exited from an LIEP.

"High-intensity ESL program" means an instructional program alternative in which students receive two or more class periods each day in session of ESL instruction. One period is the standard ESL class, and the other period is a tutorial or ESL reading class.

"Instructional program alternative" means an LIEP, other than bilingual education and/or dual language immersion, that may be established by a district board of education in consultation with, and approval of, the Department through a waiver request pursuant to N.J.S.A. 18A:35-18. All students in an instructional program alternative receive an ESL class period each day in session.

"Language instruction educational program" or "LIEP" means the program of services in which an ML receives instruction and support to develop and attain English language proficiency while meeting or exceeding the NJSLS in academic content areas. MLs in an LIEP develop proficiency in the English language while they develop skills and knowledge within the academic content areas. An LIEP includes the services that all MLs are entitled to receive, pursuant to N.J.S.A. 18A:35-16 and this chapter. LIEP includes "programs of bilingual education," pursuant to N.J.S.A. 18A:35-16, and "instructional alternative programs," pursuant to N.J.S.A. 18A:35-18.

"Multicultural curriculum" means the same as that term is defined pursuant to N.J.A.C. 6A:7.

"Multilingual learner" or "ML" means a student whose primary language is not English, who is identified through the process set forth in this chapter, and who is developing proficiency in multiple languages (for example, English and a primary language). The term is synonymous with "English learner" or "English language learner."

"Newcomer" means any student born outside of the United States who has recently arrived in the United States. Newcomer is an umbrella term that includes a heterogenous group of immigrants; some newcomers may also be MLs or students with interrupted formal education (SIFEs).

"NJSLS" means the New Jersey Student Learning Standards as defined at N.J.A.C. 6A:8-1.3.

"Parent" means the same as that term is defined pursuant to N.J.A.C. 6A:32-2.1.

"Primary language" means the language or mode of communication in which an ML is most fluent or speaks more regularly than any other language. In the case of a student, the primary language is the language normally used by the student's parent.

"Sheltered English instruction" means an instructional program alternative to make academic instruction in English understandable to MLs. Sheltered English classes are taught by classroom teachers who deliver instruction in English, may not hold a bilingual/ESL endorsement, but have received training on strategies for instructional adaptation, pursuant to N.J.A.C. 6A:8-1.3, to make academic content areas comprehensible for MLs.

"State Seal of Biliteracy" means a recognition awarded pursuant to N.J.A.C. 6A:8-5.3.

"Statewide home-language survey" or "Statewide HLS" means a standardized questionnaire developed by the Department for school districts to use to help identify which students are potential MLs and which students will require a record review and an ELP assessment to determine whether they are eligible for placement in an LIEP.

"Student with interrupted formal education" or "SIFE" means an ML in grades four through 12 who has experienced disruptions in their formal education that took place outside of the United States.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.3 Identification of eligible multilingual learners

(a) The district board of education shall use, at the time of enrollment, the multi-step process set forth at (a)1 through 3 below to identify ML(s) enrolled in the school district.

Each district board of education shall administer to each student enrolled in the school district the Statewide home-language survey (HLS). The district board of education shall use the Statewide HLS to determine which students in preschool to 12th grade have a primary languages(s) other than English and, therefore, may be an ML. The Statewide HLS shall be completed, in writing, or by verbal interview by any individual with knowledge of the student, such as a parent(s), trained school district personnel, or a bilingual or ESL teacher;
Following the administration of the Statewide HLS, the school district shall conduct a records review process to determine whether the student is an ML.

i. The records review process may include, but is not limited to, reviewing available information about the student's overall academic performance from current or prior years, observations of teaching staff members who have worked with the student, interviews with the student or the student's parent or family in their primary language, and/or additional school records, as needed, and in compliance with State and Federal student privacy laws; and

The district board of education shall then determine the English language proficiency of all kindergarten to 12th-grade students who are found eligible through (a)1 or 2 above and whose primary language is other than English by administering an English language proficiency assessment. Students who do not meet the Department-established cut score on the English language proficiency assessment shall be considered MLs and shall be offered entry into the district board of education's LIEP.

i. Preschool students who are identified, pursuant to the processes set forth at (a)1 and 2 above, as having a primary language other than English shall be identified as MLs. Prior to the start of their kindergarten year, the district board of education shall administer an ELP assessment to preschool MLs as part of the screener process to determine the ML's English language proficiency level.

ii. The district board of education shall also use age-appropriate methodologies to identify preschool MLs to determine their individual language development needs.

(b) Each district board of education shall maintain a roster indicating all identified students whose primary language is other than English and who are MLs.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.4 District board of education requirements, including LIEPs for multilingual learners

(a) The district board of education shall provide all preschool to 12th-grade MLs enrolled in the school district pursuant to N.J.S.A. 18A:7F-46 and 18A:7F-54 with equal educational opportunities and all educational activities and programs, including required courses and support services defined at (b), (c), (d), and (e) below to prepare MLs to meet or exceed the NJSLS for high school graduation. The instructional opportunities shall be designed to assist MLs to fully comprehend all subject matter and demonstrate their mastery of all NJSLS academic content areas.

Instructional opportunities may also include individualized and targeted supports, as needed by MLs.
The district board of education shall ensure that all educational services, activities, and programs incorporate a linguistically and culturally responsive, multicultural curriculum in accordance with N.J.S.A. 18A:35-4.35, 4.36, and 4.36a, to ensure educational equity aligned to the district board of education's comprehensive equity plan, pursuant to N.J.A.C. 6A:7.

(b) The district board of education shall provide all MLs with an LIEP.

A district board of education shall provide appropriate instructional programs to preschool MLs pursuant to (c) below.
Whenever there are 20 or more MLs in kindergarten through 12th grade in any one language classification enrolled in the school district, an LIEP shall include bilingual education or dual language immersion programs pursuant to (e) below, unless waived pursuant to N.J.A.C. 6A:15-1.15.
Whenever there are 10 or more MLs in kindergarten through 12th grade enrolled in the school district, an ESL program shall be provided.
Whenever there are at least one, but fewer than 10 MLs in kindergarten through 12th grade enrolled in a school district, the district board of education shall provide the MLs with English language services. English language services shall be provided as part of the regular school program.
Instructional program alternatives may be implemented pursuant to N.J.A.C. 6A:15-1.15.

(c) All district boards of education shall provide appropriate instructional programs to eligible preschool MLs based on the New Jersey Preschool Program Implementation Guidelines and the New Jersey Preschool Teaching and Learning Standards of Quality, pursuant to N.J.A.C. 6A:13A, Elements of High-Quality Preschool Programs.

A program that meets the New Jersey Preschool Teaching and Learning Standards of Quality and is approved, pursuant to N.J.A.C. 6A:13A, will be considered a preschool LIEP.

(d) The district board of education shall establish bilingual education or dual language immersion programs whenever there are 20 or more MLs in any one language classification enrolled in the school district in kindergarten through 12th grades, pursuant to N.J.S.A. 18A:35-18. Bilingual education or dual language immersion programs shall:

Be designed to prepare MLs to acquire sufficient English knowledge and skills to meet the NJSLS. All MLs participating in bilingual and dual language immersion programs shall also receive a class period of ESL instruction each day in session;
Include a curriculum that is aligned to the NJSLS and the ELD standards and includes primary language instruction delivered to further master literacy in the primary language and as a support in the development of English proficiency;
Include the full range of required courses and activities offered on the same basis and under the same rules that apply to all students within the school district; and
Utilize a curriculum for bilingual education programs that is adopted by the district board of education.

(e) The district board of education shall provide at least one class period of ESL instruction each day in session based on a student's English language level to all MLs placed in an LIEP.

The district board of education shall develop and adopt an ESL curriculum that addresses the ELD standards to address the instructional needs of MLs.
The ESL curriculum shall be cross-referenced to the school district's bilingual education and academic content area curricula to ensure that ESL instruction is correlated to all academic content areas taught.

(f) A district board of education may establish dual language immersion programs to meet the requirements at (b)2 above and N.J.S.A. 18A:35-15 through N.J.S.A. 18A:35-26.

Dual language immersion programs shall be designed to help students achieve proficiency in English and in a second language while mastering academic content area skills.
Instruction shall be in all courses or subjects of study that allow students to meet all grade promotion and graduation standards.
Classes in dual language immersion programs shall be comprised of at least 50 percent MLs.
The program may be coordinated with the school district's world languages program.
Dual language immersion programs that are not established to provide the LIEP services required pursuant to N.J.S.A. 18A:35-15 through N.J.S.A. 18A:35-26 do not have to comply with the chapter's requirements.

(g) A district board of education may establish a newcomer program for a limited duration in time to address the needs of recent immigrant students, particularly SIFEs, before the students transition to a general education classroom. A high-quality newcomer program shall:

Be age-appropriate;
Include content that relates to the NJSLS;
Include social-emotional learning; and
Include courses that are credit-bearing and count toward graduation pursuant to N.J.A.C. 6A:8, or promotion requirements to allow students to meet grade-level standards within a reasonable period of time.

(h) The district board of education shall offer sufficient courses and other relevant supplemental instructional opportunities in grades nine through 12 to enable MLs to meet or exceed the NJSLS for graduation. When sufficient numbers of students are not available to form a bilingual class in an academic content area, the district board of education shall develop, in consultation with and approved by the Department, plans to meet the needs of the students.

(i) In addition to (a) through (h) above, the district board of education shall design additional programs and services to meet the special needs of eligible MLs. The additional programs and services shall include, but not be limited to, individualized and targeted supports through Title I programs; special education; career and technical education programs; gifted and talented education services; supports to help MLs earn a State Seal of Biliteracy pursuant to N.J.A.C. 6A:8-5.3; and individualized learning opportunities pursuant to N.J.A.C. 6A:8-5.1.

(j) The district board of education may establish a program in bilingual education or dual language immersion for any language classification with fewer than 20 students.

(k) The district board of education shall establish a process for how MLs in high school may meet the world language or ELA course graduation requirements, pursuant to N.J.A.C. 6A:8-5.1, by applying credits earned in an ESL course. The district board of education shall verify on a student's record that the applicable ESL credits meet or exceed the NJSLS at the high school level.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.5 Approval procedures

(a) Each school district providing an LIEP shall submit a plan every three years to the Department for approval.

(b) A district board of education's LIEP plan shall demonstrate that:

For kindergarten through 12th grade, LIEP curricula include or are aligned with:

i. The NJSLS;

ii. The ELD standards; and

iii. A multicultural curriculum, pursuant to N.J.S.A. 18A:35-4.36a and N.J.A.C. 6A:7.

For preschool, the ML instruction and support meets the language instruction requirements in the New Jersey Preschool Program Implementation Guidelines and the New Jersey Preschool Teaching and Learning Standards of Quality, pursuant to N.J.A.C. 6A:13A and the curricula include or are aligned with:

i. The NJSLS;

ii. The Early Language Development Standards for preschool; and

iii. A multicultural curriculum, pursuant to N.J.S.A. 18A:35-4.36a and N.J.A.C. 6A:7.

MLs have equitable access to educational activities and programs in a manner aligned to the district board of education's comprehensive equity plan, pursuant to N.J.A.C. 6A:7.
School district staff engage in ongoing and continuous program evaluations that shall include regular reviews of student performance data (for example, graduation rates and assessment results) and other measures (for example, absenteeism, disciplinary records, and course enrollment) to evaluate whether MLs in the school district have equitable access to educational opportunities, including, but not limited to, gifted and talented programs, advanced coursework and dual enrollment, work-based learning opportunities, extra-curricular activities, and career counseling.
Preschool students participate in instructional activities pursuant to N.J.A.C. 6A:13A.
Bilingual and dual language immersion programs promote bilingualism, biliteracy, cross-cultural competency, high levels of academic achievement in both languages, and a path, if available, toward attaining the State Seal of Biliteracy.

(c) The district board of education LIEP plan submitted to the Department for approval shall include information on the following:

Identification of MLs in preschool through grade 12;
LIEP description;
The number of staff hired for the LIEP by certificate type;
Bilingual and ESL curriculum;
Evaluation design;
Review process for a student's exit from ML status; and
A budget for all components of the LIEP.

(d) The Department will review the plan to ensure that the district board of education has a system of support for all MLs that is aligned to this chapter. The Department may request modifications of the plan, as appropriate, and shall determine whether to approve the district board of education's plan.

(e) The Department will establish procedures for monitoring and evaluation of the school district's LIEP.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.6 Supportive services

(a) Students enrolled in an LIEP shall have equal educational opportunities, including full access to educational opportunities and services available to other students in the school district.

(b) A school district shall provide MLs with linguistically and culturally responsive supportive services, such as academic counseling, tutoring, career guidance, and mental health counseling. Bilingual personnel who are trained in social-emotional learning and are familiar with and knowledgeable about the unique assets and needs of the MLs, including newcomers and SIFEs, and their parents, shall provide the services.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.7 Professional development

(a) As part of district- and school-level plans for professional development requirements at N.J.A.C. 6A:9C-4.2, the district board of education shall describe professional learning for bilingual, ESL, and academic content teachers whose classroom instruction is in English; administrators who supervise bilingual/ESL programs; and administrators and any personnel who observe and evaluate teachers of MLs.

(b) The district- and school-level professional development plan shall:

Include instructional adaptational strategies, pursuant to N.J.A.C. 6A:8-3.1, and training on appropriate assessments to help MLs meet the NJSLS and the ELD standards;

Address the needs of bilingual and ESL teachers, who shall receive training in the use of the ESL curriculum and the ELD standards; and
Ensure all teachers receive training on the ELD standards, and how to provide linguistically and culturally accessible instruction and appropriate modifications and accommodations for MLs.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.8 Certification

(a) All teachers of bilingual programs shall hold a valid New Jersey instructional certificate with an endorsement for the appropriate grade level and/or academic content area and a standard certificate with a bilingual/bicultural education endorsement, pursuant to N.J.S.A. 18A:6-38 et seq., and 18A:35-15 to 26 and N.J.A.C. 6A:9B-11.5.

(b) Dual language immersion programs, for the purpose of meeting the LIEP requirements at N.J.S.A. 18A:35-18 and this chapter, may be taught by one or more teachers. In these dual language immersion programs, the following endorsements to an instructional certificate shall be fulfilled by one or more teachers:

An endorsement for the appropriate grade level and/or academic content area being taught; and
An endorsement in bilingual/bicultural education or world languages.

i. A teacher of a language other than English has demonstrated linguistic competence in the language of their instruction, pursuant to N.J.A.C.

(c) All teachers of ESL classes shall hold a valid New Jersey instructional certificate with an ESL endorsement, pursuant to N.J.S.A. 18A:6-38 et seq., and N.J.A.C. 6A:9B-11.6.

(d) All teachers providing English language services shall hold a valid New Jersey instructional certificate.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.9 LIEP placement, assessment, exit, and reentry

(a) All MLs from kindergarten through grade 12 shall be enrolled in an LIEP established by the district board of education in accordance with N.J.A.C. 6A:15-1.4(b) through (f) and 1.15(a), and P.L. 1995, c. 59 and c. 327.

(b) Students identified as MLs shall be assessed annually using ELP assessments to measure the progress toward English language proficiency and to determine readiness for exiting the LIEP. Students who meet the criteria for Statewide alternate assessments, pursuant to N.J.A.C. 6A:14-4.10(a)2, shall be assessed annually using an alternate ELP assessment.

(c) An ML enrolled in the LIEP shall be placed in a classroom(s) where the primary language of instruction is English when the ML has demonstrated readiness to exit an LIEP first by achieving the Department-established cut score on an ELP or alternate ELP assessment. The student's readiness shall be further assessed by the use of a Department-established English language observation form that considers, at a minimum: classroom performance; the student's reading level in English; the observations of the teaching staff members responsible for the educational program of the student; and performance on achievement tests in English.

Pursuant to 34 CFR 200.6(h)(4)(ii), an ML with a disability whose disability makes it impossible for the student to be assessed in a particular domain because there are no appropriate accommodations for assessing the student in that domain may be exited from ML status based on the student meeting the Department-determined cut score on the remaining domains in which the student was assessed.

(d) When the review process for exiting a student from an LIEP has been completed, the district board of education shall notify, by written communication, the student's parent of the placement determination. If the parent or a teaching staff member disagrees with the student's placement, the parent or teaching staff member may appeal the placement to the Commissioner, pursuant to N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3, after exhausting the school district's appeal process.

(e) A parent may remove a student who is enrolled in an LIEP pursuant to N.J.S.A. 18A:35-22.1.

A student who is identified as an ML and whose parent refuses placement in an LIEP shall still access and meet the academic expectations of the NJSLS. Pursuant to N.J.A.C. 6A:8 and N.J.A.C. 6A:15-1.6, a district board of education shall ensure that students whose parents refuse placement are provided the appropriate instructional adaptations and appropriate assessment modifications and accommodations for Statewide assessments.

(f) The district board of education shall monitor, for a minimum of two years, the academic progress of students who are exited from an LIEP to ensure that the students are continually meeting or exceeding the NJSLS when the curriculum and instruction are delivered in English.

(g) Newly exited students who are not academically progressing in classes where English is the primary language of instruction may be considered for reentry to an LIEP as follows:

After a minimum of one-half an academic year and within two years of exit, the teacher delivering instruction in English may recommend retesting with the approval of the principal.
A waiver of the minimum time limitation may be approved by the executive county superintendent upon request of the chief school administrator if the student is experiencing extreme difficulty in adjusting to classes where English is the primary language of instruction.
The recommendation for retesting shall be based on the teacher's documented observation of a student's academic performance and data-based determination that the student is experiencing difficulties due to problems in using the English language to communicate effectively with peers and adults; understand directions given by the teacher; and/or comprehend basic verbal and written materials.
The student shall be tested using a different form of the English language proficiency assessment than the one used to exit the student from the LIEP.
If the student scores below the Department-determined cut score on the English language proficiency assessment, the student shall be reenrolled into an LIEP.

History

Amended by R.2008 d.306, effective 10/20/2008.
See: 40 N.J.R. 2161(a), 40 N.J.R. 6200(b).
In (b), updated the N.J.A.C. reference.
Amended by R.2014 d.050, effective 3/17/2014.
See: 45 N.J.R. 399(a), 46 N.J.R. 501(a).
In (b), substituted "ESL" for "English as a second language (ESL)".
Administrative change.
See: 46 N.J.R. 1743(a).

N.J. Admin. Code § 6A:15-1.10 Graduation requirements for multilingual learners

All MLs shall satisfy requirements for high school graduation pursuant to N.J.A.C. 6A:8-5.1(a).

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.11 Location

(a) All kindergarten through grade 12 LIEPs shall be conducted within classrooms within the school district pursuant to N.J.S.A. 18A:35-20, except under the following circumstances:

An LIEP is conducted in another school district as part of a joint program, pursuant to N.J.A.C. 6A:15-1.13; or
An ML's individualized learning opportunity, pursuant to N.J.A.C. 6A:8-5.1(a)2, occurs outside of the school district's classrooms.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.12 Notification

(a) Each district board of education shall notify, by written communication, the parent of an ML of the fact that their child has been identified as eligible for placement in an LIEP.

The district board of education shall issue the notification within 30 calendar days of the start of the school year.
For a student who enrolls after the beginning of the school year, the district board of education shall issue the notification within 14 calendar days of the student being placed in an LIEP.

(b) The notice shall be, in writing, and in the language in which the parent possesses a primary speaking ability, and in English, and shall include the following information:

Why the student was identified as an ML;
Why the school district determined that the student needs to be placed in an LIEP that will help the student develop and attain English proficiency and meet the NJSLS;
The student's level of English language proficiency, how the level of English language proficiency was assessed, and the student's performance in academic content areas;
The method of instruction the school district will use to serve the student, including a description of other instruction methods available and how those methods differ in content, instructional goals, and the use of English and a primary language, if applicable;
How the program will meet the student's specific needs in attaining English language proficiency and meeting or exceeding the NJSLS;

The program's exit requirements, the expected amount of time that the ML will need to successfully achieve in classrooms where the language of instruction is English, and, in the case of high school students, the expected rate of graduation;

How the LIEP will meet the objectives of the individualized education program of a student with a disability; and
A statement that the parent may decline the child's enrollment in an LIEP, and that the parent shall be given an opportunity to do so or to select a different type of LIEP service available at the child's school.

(c) Each district board of education shall send progress reports to the parents of students enrolled in an LIEP in the same manner and frequency as progress reports are sent to the parent of other students enrolled in the school district.

(d) Progress reports shall be written in English and in the primary language spoken by the parent of students enrolled in the LIEP.

(e) Each district board of education shall notify the parent when the student meets the exit criteria and is placed in a monolingual English program. The notice shall be in English and in the language in which the parent possesses a primary speaking ability.

History

Amended by R.2014 d.050, effective 3/17/2014.
See: 45 N.J.R. 399(a), 46 N.J.R. 501(a).
Rewrote the section.

N.J. Admin. Code § 6A:15-1.13 Joint programs

(a) With approval of the executive county superintendent on a case-by-case basis, a district board of education may join with another district board of education to provide:

An LIEP; and
An individualized learning opportunity, pursuant to N.J.A.C. 6A:8-5.1(a)2, to an ML who chooses to utilize it to meet the 120-credit graduation requirement, in whole or in part.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.14 Parental and family engagement

(a) Each district board of education shall provide for the maximum practicable engagement of the parent of MLs in the development and review of program objectives and dissemination of information to and from the district boards of education and communities served by the LIEP.

This duty includes ensuring all information regarding an ML's educational experience is available in the language in which the parent possesses a primary speaking ability, and in English. This information includes, but is not limited to, district- and school-level policies, invitational letters regarding school or district programs, information regarding student discipline policies and procedures, registration and enrollment, report cards, requests for parent permission for student participation in district or school activities, parent-teacher conferences, parent handbooks, and gifted and talented programs.

(b) With the exception of a district board of education implementing an English language services or ESL program, each district board of education implementing an LIEP shall establish a parent advisory committee on bilingual education of which the majority membership shall be the parents of MLs.

History

Amended by R.2014 d.050, effective 3/17/2014.
See: 45 N.J.R. 399(a), 46 N.J.R. 501(a).
Rewrote the section.

N.J. Admin. Code § 6A:15-1.15 Waiver process provided by statute

(a) A school district that has 20 or more students eligible for the bilingual education program in kindergarten through grade 12 may request annual approval from the Department to waive the requirement at N.J.A.C. 6A:15-1.4(d) and, instead, to establish an instructional program alternative if the school district is able to demonstrate that it would be impractical to provide a full-time bilingual program due to the age range, grade span, and/or geographic location of eligible students.

Instructional program alternatives that shall be established include, but are not limited to: the bilingual part-time program; the bilingual resource program; the bilingual tutorial program; the sheltered English instruction program; and the high-intensity ESL program.
All instructional program alternatives shall be designed to assist MLs to develop English language proficiency while learning the knowledge and skills for academic content areas to meet or exceed the NJSLS.
Instructional program alternatives shall be developed in consultation with the Department, based on student enrollment and achievement data.
A district board of education implementing instructional program alternatives annually shall submit to the Department student enrollment and achievement data that demonstrate the continued need for the programs.
Instructional program alternatives shall be approved annually by the Department based on the Department's review of student enrollment and achievement data.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

N.J. Admin. Code § 6A:15-1.16 State advisory committee on bilingual education

(a) Pursuant to N.J.S.A. 18A:35-24, the State Board of Education shall establish a State advisory committee on bilingual education. The Commissioner shall appoint the members of the committee with representation from parents and families of MLs, institutions of higher education, bilingual and ESL teachers, district board of education members, school administrators, and community members.

(b) The committee shall advise the Department in the formulation of policies and procedures relating to N.J.S.A. 18A:35-15 to 26.

History

Amended by 48 N.J.R. 485(c), effective 3/21/2016

Chapter 16 PROGRAMS TO SUPPORT STUDENT DEVELOPMENT

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:16-1.1 Purpose

The rules specify minimum standards for district boards of education in establishing policies and procedures and in operating programs to support the social, emotional, and physical development of students. Programs to support student development include school health services; physical examinations; intervention and referral services; programs of substance use prevention, intervention, and treatment referral; school safety and security; student discipline; reporting of potentially missing, abused, or neglected child situations; and home instruction and approved alternative education programs. Included in the rules are standards for the delivery of home instruction and school health services to nonpublic schools.

History

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Rewrote the section.
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).

N.J. Admin. Code § 6A:16-1.2 Scope

The rules apply to the provision of programs and services for all students in kindergarten through grade 12 by New Jersey public school districts, charter schools, renaissance school projects, jointure commissions, educational services commissions, and approved private schools for students with disabilities (APSSDs) acting under contract to provide educational services on behalf of New Jersey public school districts, unless otherwise indicated. Throughout the chapter, "district board of education" refers to the governing authority for all of the agencies identified in this section, unless otherwise indicated. "District board of education" at N.J.A.C. 6A:16-7.7 shall not refer to APSSDs, which shall be governed by N.J.A.C. 6A:16-7.8.

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Added ", unless otherwise indicated. Throughout this chapter, 'district board of education' refers to the governing authority for all of the agencies identified in N.J.A.C. 6A:16-1.2, unless otherwise indicated" following "Juvenile Justice Commission".
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Rewrote the section.
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Substituted "The" for "These", "students with disabilities" for "the disabled", "the chapter," for "this chapter", and "this section," for "N.J.A.C. 6A:16-1.2", and inserted a comma following the second occurrence of "commissions".
Amended by R.2017 d.215, effective 1/2/2018 (operative July 1, 2018).
See: 48 N.J.R. 1743(a), 50 N.J.R. 155(b).
Inserted "(PSSDs)" and the last sentence.
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
Inserted "renaissance school projects", substituted "APSSDs" for "PSSDs" twice, deleted "approved" following "refer to", and substituted "at" for "in".

N.J. Admin. Code § 6A:16-1.3 Definitions

The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise.

"Abused children" means the categories of children enumerated in N.J.S.A. 9:6-8.21.

"Advanced practice nurse" means a person who holds a current license as either an advanced practice nurse or a nurse practitioner/clinical nurse specialist from the State Board of Nursing.

"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 the general education program or who have been mandated for removal from general education, pursuant to N.J.A.C. 6A:16-5.5, 5.6 and, as appropriate, 5.7. The alternative education program shall provide a variety of approaches to meet the State-adopted standards, such as, through 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 in N.J.A.C. 6A:8.

"Assessment" means procedures used by school staff to make a preliminary determination of a student's need for educational programs, supportive services, or referral for outside services that extend beyond the general school program by virtue of learning, behavioral, or health difficulties of the student or the student's family.

"Asthma treatment plan" means a form approved by the Commissioner and completed by the medical home that is specifically designed to indicate differentiated symptoms and appropriate action to be taken by school staff to manage the care of a student who suffers from asthma-related illnesses pursuant to N.J.S.A. 18A:40-12.8(b). The asthma treatment plan shall serve as an accompaniment to the student's Individualized Healthcare Plan.

"Automated external defibrillator (AED)" means a medical device heart monitor and defibrillator that is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed and upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart, pursuant to N.J.S.A. 18A:40-41a.

"Case management" means advocacy for and coordination of student services, including, but not limited to, counseling, health services, referrals to community-based agencies, and monitoring of academic progress.

"Certified school nurse" means a person who holds a current license as a registered professional nurse from the State Board of Nursing and an educational services certificate, school nurse or school nurse/non-instructional endorsement from the Department of Education pursuant to N.J.A.C. 6A:9B-14.3 and 14.4.

"Code of student conduct" means standards, policies, and procedures established by district boards of education for positive student development and student behavioral expectations on school grounds, including on school buses or at school-sponsored functions, and, as appropriate, conduct away from school grounds, in accordance with N.J.A.C. 6A:16-7.1.

"Do Not Resuscitate order" or "DNR order" means a written directive signed by the parent or guardian of a student who, after consultation with the pediatrician and other advisors, declines emergency administration of cardiopulmonary resuscitation (CPR) and AED to the student.

"Electronic communication" means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or remotely activating paging device.

"Evaluation" means procedures used by a certified or licensed professional to make a positive determination of a student's need for programs and services that extend beyond the general school program by virtue of learning, behavior, or health difficulties of the student or the student's family.

"Expulsion" means the discontinuance of educational services or the discontinuance of payment of educational services for a student.

"Firearms" means items enumerated in N.J.S.A. 2C:39-1(f) and 18 U.S.C. § 921.

"General education" means the educational programs and services provided to students other than students determined to be eligible for special education and related services pursuant to N.J.A.C. 6A:14-3.5 and 3.6.

"Guided-learning experiences" mean structured learning tasks that are assigned to the student to perform without the teacher being present, aligned to the school district curriculum and New Jersey Student Learning, and designed to help the student to learn new or reinforce prior knowledge, practice skills, integrate knowledge and skills, or demonstrate mastery.

"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, in accordance with N.J.S.A. 18A:37-14, 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 at N.J.S.A. 18A:37-14 and 15.3, that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that 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 a student's person or damage to a student's property; has the effect of insulting or demeaning any student or group of students; or creates a hostile educational environment for a student by interfering with the student's education or by severely or pervasively causing physical or emotional harm to the student.

"Home instruction" means the provision of one-to-one, small-group, or online instruction in the student's place of residence or other appropriate setting due to a health condition, need for treatment, court order, or exclusion from general education for conduct or safety reasons.

"Individualized emergency healthcare plan" means a plan written by the certified school nurse that specifies the delivery of healthcare accommodations and services needed by a student in the event of an emergency.

"Individualized Program Plan" (IPP) means a written plan developed for a general education student who has been assigned by the district board of education to home instruction, an alternative education program or who is being provided other educational services either in or out of school that are comparable to those provided in the public schools for students of similar grades and attainments, pursuant to N.J.S.A. 18A:38-25. The IPP sets forth the student's present level of performance, measurable goals and short-term objectives or benchmarks that encompass behavioral and social competency as well as curriculum, and individually designed instructional activities to achieve the goals and objectives.

"Informal hearing" means a discussion between a school administrator and a student regarding the student's alleged misconduct, pursuant to N.J.A.C. 6A:16-7.2, Short-term suspensions, in which the student is informed of the student's alleged violation of the district board of education's code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, Code of student conduct, and the basis for the accusation. During the informal hearing, the student is given the opportunity to explain the student's version of the facts and events regarding the alleged violation.

"Long-term suspension" means removal of a student for more than 10 consecutive school days from the general education program, or the special education program when the appropriate procedures set forth in N.J.A.C. 6A:14-2.8 have been followed, but not the cessation of the student's educational services.

"Medical home" means a health care provider, including NJ FamilyCare providers as defined by N.J.S.A. 30:4J-12 and the provider's practice site chosen by the student's parent or guardian for the provision of health care.

"Medical staff" means employees of the district board of education serving as school physician, certified school nurse, noncertified nurse, advanced practice nurse, registered nurse, or licensed practical nurse.

"Medication" means a drug approved by the Federal Food and Drug Administration for preventing, caring for, and assisting in the cure of disease and injury that has a written order from a physician licensed in medicine, dentistry or osteopathy, or from an advanced practice nurse. Medication does not include herbal remedies.

"Multi-Tiered System of Supports" or "MTSS" means a framework used by school-based teams for prevention, intervention, and enrichment. Student data are used to inform the provision of appropriate instruction, support, and interventions based on a continuum of student needs in academics and behavior. With MTSS, student supports are typically provided through three tiers, with tier one consisting of core programs and practices provided to all students; tier two consisting of group-based interventions; and tier three consisting of intensive, individualized interventions. MTSS models typically include the following three components: utilization of universal screening to evaluate needs; implementation of diagnostic and progress monitoring assessments to identify students' improvement or ongoing needs; and use of regular data-based decision making to inform ongoing planning for each tier of support.

"NJ FamilyCare" means the Federal- and State-funded health insurance program created to help qualified New Jersey residents of any age access affordable health insurance.

"Noncertified nurse" means a person who holds a current license as a professional nurse from the State Board of Nursing and is employed by a district board of education or nonpublic school, and who is not certified as a school nurse by the Department of Education.

"Nursing services plan" means a plan that describes in detail the nursing services to be provided throughout the school district based on the needs of its students, potential emergency situations, basic nursing services requirements, and the assignment of medical staff to provide the services.

"Parent" means the natural parent(s), adoptive parent(s), legal guardian(s), resource family parent(s), or surrogate parent(s) of a student. When parents are separated or divorced, "parent" means the person or agency who has legal custody of the student, as well as the natural or adoptive parent(s) of the student, provided parental rights have not been terminated by a court of appropriate jurisdiction.

"Physical examination" means the examination of the body by a professional licensed to practice medicine or osteopathy, or by an advanced practice nurse, or physician assistant. The term includes specific procedures required by statute as stated in N.J.A.C. 6A:16-2.2.

"Physician assistant" means a health care professional licensed to practice medicine with physician supervision.

"Referral for evaluation" means programs and services suggested to a student or the student's family to make a positive determination regarding a student's need for services that extend beyond the general school program.

"Referral for treatment" means programs and services suggested to a student or to the student's family:

To help implement the recommendations resulting from an evaluation pursuant to N.J.A.C. 6A:16-1.3 and 4.1(c)5 and 6;
In response to a positive alcohol or other drug test result pursuant to N.J.A.C. 6A:16-4.4; or
In response to the family's request for assistance with a learning, behavior, or health difficulty, pursuant to N.J.A.C. 6A:16-4.1(c)7 and 8.

"Response to Intervention" or "RTI" means a framework for intervention and prevention that focuses on collecting data to identify students' instructional and behavioral needs, providing appropriate interventions (typically within a multi-tiered system of support), and monitoring progress over time to make ongoing adjustments to student supports/services.

"School grounds" means and includes land, portions of land, structures, buildings, and vehicles, when used for the provision of academic or extracurricular programs sponsored by the school district or community provider. School grounds also includes school buses, school-sponsored functions, structures that support the buildings, such as school district wastewater treatment facilities; generating facilities; and other central service facilities including, but not limited to, kitchens and maintenance shops. School grounds also includes other facilities as defined in N.J.A.C. 6A:26-1.2, playgrounds, and recreational places owned by municipalities, private entities or other individuals during times when the school district has exclusive use of a portion of the land.

"School safety/school climate team" means the designated individuals collectively responsible in each school to develop, foster, and maintain a positive school environment by focusing on the ongoing systemic process and practices in the school and to address school climate issues.

"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 and/or supported by the school.

"Short-term suspension" means removal of a student for one but not more than 10 consecutive school days from the general education program or the special education program, in accordance with N.J.A.C. 6A:14-2.8, but not the cessation of the student's educational services.

"Standing orders" means directives and protocols written by the school physician to carry out medical procedures for all students and staff.

"Student health record" means documented information relevant to the health of the student to manage the routine and emergency care of the student while school is in session.

"Student Safety Data System" or "SSDS" means the electronic system, or other similar system developed by the Department, used to collect information from school districts to fulfill the requirements of N.J.S.A. 18A:17-46 and 48, as amended by P.L. 2010, c. 122.

"Student with a disability" means a student who has been determined to be eligible for special education and related services according to N.J.A.C. 6A:14-3.5 or 3.6. In Subchapters 4 and 5 and N.J.A.C. 6A:16-7.2, 7.3, and 7.4, "student with a disability" includes students identified as possibly having a disability pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400. et seq., and 34 C.F.R. § 300.534.

"Substitute school nurse" means a person who holds a current license from the State Board of Nursing as a registered professional nurse and who has been issued a certificate to serve as a substitute for a certified school nurse in accordance with N.J.A.C. 6A:9B-7.6(a).

"Truancy" means 10 or more cumulative unexcused student absences, as determined by the district board of education pursuant to N.J.A.C. 6A:16-7.6(a)3 and the definition of a school day, pursuant to N.J.A.C. 6A:32-8.3.

"Universal precautions" means a set of procedures designed to prevent transmission of human immunodeficiency virus (HIV), hepatitis B virus, and other bloodborne pathogens.

"Weapon" means items enumerated in N.J.S.A. 2C:39-1(r), except a firearm as defined by N.J.S.A. 2C:39-1(f)

"Written order" means a directive and protocol written by the student's medical home to address a healthcare need or provide a medical service for a specific student.

History

Amended by R.2001 d.309, effective 9/4/2001.
See: 33 N.J.R. 1253(a), 33 N.J.R. 3032(b).
In "School complex", substituted "one building or a group of" for "two or more" preceding "buildings identified".
Amended by R.2002 d.396, effective 12/16/2002.
See: 34 N.J.R. 3157(a), 34 N.J.R. 4433(a).
Added "School grounds".
Amended by R.2003 d.175, effective 5/5/2003.
See: 34 N.J.R. 4336(a), 35 N.J.R. 1893(a).
Rewrote "School grounds".
Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Added the definitions "Code of student conduct", "Commissioner", "Expulsion", "General education", "Harassment, intimidation or bullying", "Long-term suspension", "Short-term suspension", and "Truancy"; rewrote definitions "Individual Program Plan", and "Suspension"; amended N.J.A.C. cite in "Alternative education program," and "Substitute school nurse;" amended "School grounds:"; deleted "Removal."
Administrative correction.
See: 38 N.J.R. 2797(a).
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Deleted definition "AIDS"; rewrote definitions "Alternative education program", "Certified school nurse", "Home instruction", "School Complex" and "Standing orders"; added definitions "Asthma Action Plan", "Case management", "Guided learning experiences", "HIV", "Individualized emergency healthcare plan", "Individualized healthcare plan", "Informal hearing", "Nursing Services Plan", "School-sponsored function", "Student health record" and "Written order"; substituted definition "Automated external defibrillator" for definition "Automatic external defibrillator"; in definition "Do Not Resuscitate order", substituted "automated" for "automatic"; in definitions "Long-term suspension" and "Short-term suspension", inserted "consecutive"; in definition "Medical staff", substituted "school nurse, noncertified nurse" for "or noncertified school nurse"; substituted definition "Noncertified nurse" for definition "Noncertified school nurse"; in definitions "Parent surrogate(s)" and "Truancy", updated N.J.A.C. references; and in definition "Physical examination", deleted ", except N.J.A.C. 6A:16-2.2(g)" from the end.
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
Added definitions "Abused children" and "Intern"; and substituted definition "Firearms" for definition "Firearm".
Amended by R.2007 d.383, effective 12/17/2007.
See: 39 N.J.R. 2579(a), 39 N.J.R. 5218(a).
Added definition "Random selection"; and rewrote definition "Referral for treatment".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Administrative change.
See: 46 N.J.R. 1743(a).
Amended by R.2015 d.158, effective 10/5/2015.
See: 47 N.J.R. 569(a), 47 N.J.R. 2492(b).
Added definitions "Automated external defibrillator (AED)", "NJ FamilyCare", and "Physician assistant"; in definition "Code of student conduct", updated the N.J.A.C. reference; in definition "Do Not Resuscitate order" substituted "AED" for "automated external defibrillator (AED)"; in definition "Harassment, intimidation, or bullying" inserted ", as set forth in N.J.S.A. 18A:37-14,", and deleted "in accordance with N.J.S.A. 18A:37-14" following "incidents,"; in definition "Physical examination" inserted ", or physician assistant"; and in definition "Referral for treatment", in 1, deleted a comma following "evaluation" and deleted "or" from the end, in 2, deleted a comma following "result", and in 3, deleted a comma following "difficulty".
See: 48 N.J.R. 1802(a).
Amended by R.2017 d.215, effective 1/2/2018 (operative July 1, 2018).
See: 48 N.J.R. 1743(a), 50 N.J.R. 155(b).
Added definitions "Electronic Violence and Vandalism Reporting System" and "School safety/school climate team".
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).

N.J. Admin. Code § 6A:16-1.4 Reserved

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote (a); in (c), substituted ", entitled" for "titled" following "Part 98".
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "District policies and procedures". Rewrote the section.
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In (b)4, deleted "and" from the end; in (b)5, substituted "; and" for the period at the end; and added (b)6.
Repealed by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Section was "School district policies and procedures".

N.J. Admin. Code § 6A:16-1.5 Reserved

History

Recodified to N.J.A.C. 6A:16-2.4 by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Student health records".

Subchapter 2 GENERAL PROVISIONS FOR SCHOOL HEALTH SERVICES

N.J. Admin. Code § 6A:16-2.1 Health services policy and procedural requirements

(a) Each district board of education shall develop and adopt the following written policies, procedures, and mechanisms for the provision of health, safety, and medical emergency services, and shall ensure staff are informed as appropriate:

The review of immunization records for completeness pursuant to N.J.A.C. 8:57-4.1 through 4.20;
The administration of medication to students in the school setting by the following authorized individuals:

i. The school physician;

ii. A certified school nurse or noncertified nurse;

iii. A substitute school nurse employed by the school district;

iv. The student's parent;

v. A student approved to self-administer medication pursuant to N.J.A.C. 6A:16-2.1(a)5 iii and 9 and N.J.S.A. 18A:40-12.3 and 12.4;

vi. Other school employees who volunteer to be trained and designated by the certified school nurse to administer epinephrine in an emergency pursuant to N.J.S.A. 18A:40-12.5 and 12.6; and

vii. Other employees who volunteer to be designated as a delegate and trained to administer glucagon pursuant to N.J.S.A. 18A:40-12.14.

The review of DNR orders received from the student's parent or medical home;
The provision of health services in emergency situations, including:

i. The emergency administration of epinephrine via epinephrine auto-injector pursuant to N.J.S.A. 18A:40-12.5;

ii. The emergency administration of glucagon pursuant to N.J.S.A. 18A:40-12.14;

iii. The care of any student who becomes injured or ill while at school or participating in school-sponsored functions;

iv. The transportation and supervision of any student determined to be in need of immediate care;

v. The notification to parents of any student determined to be in need of immediate medical care; and

vi. The establishment and implementation of an emergency action plan for responding to a sudden cardiac event, including the use of an AED, pursuant to N.J.S.A. 18A:40-41b;

The treatment of asthma in the school setting, which shall include, but not be limited to, the following requirements:

i. Each school nurse shall be authorized to administer asthma medication through use of a nebulizer pursuant to N.J.S.A. 18A:40-12.8(a);

ii. Each school nurse shall 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 Academy of Allergy, Asthma and Immunology, pursuant to N.J.S.A. 18A:40-12.8(a); and

iii. Each student authorized to use asthma medication pursuant to N.J.S.A. 18A:40-12.3 or a nebulizer shall have an asthma treatment plan prepared by the student's medical home and submitted to the certified school nurse. The treatment plan shall identify, at a minimum, asthma triggers and shall be included in the individualized healthcare plan and individualized emergency healthcare plan, pursuant to N.J.A.C. 6A:16-2.3(b), for meeting the medical needs of the student while attending school or a school-sponsored function;

Administration of student medical examinations, pursuant to N.J.S.A. 18A:40-4, N.J.S.A. 18A:35-4.8, and N.J.A.C. 6A:16-2.2;

Utilization of sanitation and hygiene when handling blood and bodily fluids pursuant to N.J.A.C. 12:100-4.2, Safety and Health Standards for Public Employees, and in compliance with 29 CFR 1910.1030, Occupational Safety and Health Bloodborne Pathogens Standards;

Provision of nursing services to nonpublic schools located in the school district as required by N.J.S.A. 18A:40-23 et seq. and N.J.A.C. 6A:16-2.5;

Self-administration of medication by a student for asthma or other potentially life-threatening illness or life-threatening allergic reaction pursuant to N.J.S.A. 18A:40-12.312.5, and 12.6, and the self-management and care of a student's diabetes as needed pursuant to N.J.S.A. 18A:40-12.15;
Development of an individualized healthcare plan and individualized emergency healthcare plan for students with chronic medical conditions, including diabetes, asthma, and life-threatening allergies, requiring special health services in accordance with N.J.S.A. 18A:40-12.11.c, 12.12, 12.13, and 12.15; and N.J.A.C. 6A:16-2.3(b)3 xii; and
Management of food allergies in the school setting and the emergency administration of epinephrine to students for anaphylaxis pursuant to N.J.S.A. 18A:40-12.6a through 12.6d.

(b) Each district board of education shall annually adopt the school district's nursing services plan at a regular meeting.

History

Amended by R.2001 d.309, effective 9/4/2001.
See: 33 N.J.R. 1253(a), 33 N.J.R. 3032(b).
In (f), rewrote the introductory paragraph, substituted "one building or a group of" for "two or more" in 1, added a new 2, recodified former 2 as 3 and rewrote the paragraph.
Amended by R.2001 d.472, effective 12/17/2001.
See: 33 N.J.R. 2936(a), 33 N.J.R. 4330(a).
In (d), added 12.
Repeal and New Rule, R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Health services personnel".
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In (a)4ii, substituted "functions" for "activities".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Amended by R.2015 d.158, effective 10/5/2015.
See: 47 N.J.R. 569(a), 47 N.J.R. 2492(b).
In (a)2vi and (a)2vii, inserted "who volunteer to be"; in (a)4i, substituted "epinephrine" for "Epi-pen"; in (a)4iv, deleted "and" from the end; in (a)4v, inserted "and"; and added (a)4vi.
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In (a)7, substituted "Occupational Safety and Health" for "Public Employees Occupational Safety and Health Program (PEOSH)".

N.J. Admin. Code § 6A:16-2.2 Required health services

(a) Each school district shall ensure immunization records are reviewed and updated annually pursuant to N.J.A.C. 8:57-4.1 through 4.24.

(b) Each school district shall ensure a principal or the principal's designee does not knowingly admit or retain in the school building a student whose parent has not submitted acceptable evidence of the child's immunization, according to the schedule specified at N.J.A.C. 8:57-4, Immunization of Pupils in School.

(c) Each school district shall perform tuberculosis tests on students using methods required by and when specifically directed to do so by the New Jersey Department of Health based upon the incidence of tuberculosis or reactor rates in specific communities or population groups pursuant to N.J.S.A. 18A:40-16.

(d) Each school district shall immediately report by telephone to the health officer of the jurisdiction in which the school is located any communicable diseases identified as reportable pursuant to N.J.A.C. 8:57-1, whether confirmed or presumed.

(e) Each public and nonpublic school in the State shall have and maintain for the care of students at least one nebulizer in the office of the school nurse or a similar accessible location, pursuant to N.J.S.A. 18A:40-12.7.

(f) Each student medical examination shall be conducted at the medical home of the student. If a student does not have a medical home, the school district shall provide the examination at the school physician's office or other comparably equipped facility, pursuant to N.J.S.A. 18A:40-4.

(g) The findings of required examinations under (h)2 through 5 below shall include the following components:

Immunizations pursuant to N.J.A.C. 8:57-4.1 through 4.24;
Medical history, including allergies, past serious illnesses, injuries, operations, medications, and current health problems;

Health screenings including height, weight, hearing, blood pressure and vision; and

Physical examinations.

(h) Each school district shall ensure that students receive medical examinations in accordance with (f) above and:

Prior to participation on a school-sponsored interscholastic or intramural athletic team or squad for students enrolled in any grades six to 12;

i. The examination 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 (APN), or physician assistant (PA).

ii. The physical examination shall be documented using the Preparticipation Physical Evaluation (PPE) 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 and available at http://www.nj.gov/education/safety/health/athlete/docs/athleticphysicalsform.pdf, in accordance with N.J.S.A. 18A:40-41.7.

(1) Prior to performing a preparticipation physical examination, the licensed physician, APN, or PA who performs the student-athlete's physical examination shall complete the Student-Athlete Cardiac Screening professional development module and shall sign the certification statement on the PPE form attesting to the completion, pursuant to N.J.S.A. 18A:40-41d.

(A) If the PPE form is submitted without the signed certification statement and the school district has confirmed that the licensed physician, APN, or PA from the medical home did not complete the module, the student-athlete's parent may obtain a physical examination from a physician who can certify completion of the module or request that the school physician provides the examination.

(2) The medical report shall indicate if a student is allowed or not allowed to participate in the required sports categories and shall be completed and signed by the original examining physician, APN, or PA.

(3) An incomplete form shall be returned to the student's medical home for completion unless the school nurse can provide documentation to the school physician that the missing information is available from screenings completed by the school nurse or physician within the prior 365 days.

iii. Each student whose medical 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 include information as required by N.J.S.A. 18A:40-41.7.b.

iv. Each school district shall provide to the parent written notification signed by the school physician stating approval of the student's participation in athletics based upon the medical report or the reasons for the school physician's disapproval of the student's participation.

v. A district board of education, or a 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 submits a PPE form signed by the licensed physician, APN, or PA who performed the physical examination and, if applicable, a completed health history update questionnaire, pursuant to N.J.S.A. 18A:40-41.7.c;

vi. Each school district and nonpublic school shall distribute to a student-athlete and the student-athlete's parent or guardian the sudden cardiac arrest pamphlet developed by the Commissioner, in consultation with the Commissioner of Health, the American Heart Association, and the American Academy of Pediatrics, pursuant to N.J.S.A. 18A:40-41.

(1) A student-athlete and the student-athlete's parent or guardian annually shall sign the Commissioner-developed form that they received and reviewed the pamphlet, and shall return it, to the student's school pursuant to N.J.S.A. 18A:40-41.d.

(2) The Commissioner shall update the pamphlet, as necessary, pursuant to N.J.S.A. 18A:40-41.b.

(3) The Commissioner shall distribute the pamphlet, at no charge, to all school districts and nonpublic schools, pursuant to N.J.S.A. 18A:40-41.b.

Upon enrollment in school;

i. Each school district shall require parents to provide within 30 days of enrollment entry-examination documentation for each student.

ii. When a student transfers to another school, the sending school district shall ensure the entry-examination documentation is forwarded to the receiving school district pursuant to N.J.A.C. 6A:16-2.4(d).

iii. Students transferring into a New Jersey school from out-of-State or out-of-country may be allowed a 30-day period to obtain entry-examination documentation.

iv. Each school district shall notify parents through its website or other means about the importance of obtaining subsequent medical examinations of the student at least once during each developmental stage: at early childhood (preschool through grade three), pre-adolescence (grade four through six), and adolescence (grade seven through 12);

When applying for working papers;

i. Pursuant to N.J.S.A. 34:2-21.7 and 21.8(3), the school district may provide for the administration of a medical examination for a student pursuing a certificate of employment.

ii. The school district shall not be held responsible for the costs for examinations at the student's medical home or other medical providers;

For the purposes of the comprehensive child study team evaluation pursuant to N.J.A.C. 6A:14-3.4; and
When a student is suspected of being under the influence of alcohol or controlled dangerous substances, pursuant to N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3.

i. If a student who is suspected of being under the influence of alcohol or controlled dangerous substances is reported to the certified school nurse, the certified school nurse shall monitor the student's vital signs and general health status for emergent issues and take appropriate action pending the medical examination pursuant to N.J.A.C. 6A:16-4.3.

ii. No school staff shall interfere with a student receiving a medical examination for suspicion of being under the influence of alcohol or controlled dangerous substances pursuant to N.J.A.C. 6A:16-4.3.

(i) Each public and nonpublic school shall have available and maintain an automated external defibrillator (AED), pursuant to N.J.S.A. 18A:40-41a.a(1) and (3), that is:

In an unlocked location on school property, with an appropriate identifying sign;
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 school district or nonpublic school are participating; and
Within a reasonable proximity of the school athletic field or gymnasium, as applicable.

(j) The district board of education shall make accessible information regarding the NJ FamilyCare Program to students who are knowingly without medical coverage pursuant to N.J.S.A. 18A:40-34.

(k) Information concerning a student's HIV/AIDS status shall not be required as part of the medical examination or health history pursuant to N.J.S.A. 26:5C-1 et seq.

(l) Each district board of education shall ensure that students receive health screenings.

Screening for height, weight and blood pressure shall be conducted annually for each student in kindergarten through grade 12.
Screening for visual acuity shall be conducted biennially for students in kindergarten through grade
Screening for auditory acuity shall be conducted annually for students in kindergarten through grade three and in grades seven and 11 pursuant to N.J.S.A. 18A:40-4.
Screening for scoliosis shall be conducted biennially for students between the ages of 10 and 18 pursuant to N.J.S.A. 18A:40-4.3.
Screenings shall be conducted by a school physician, school nurse, or other school personnel properly trained.
The school district shall notify the parent of any student suspected of deviation from the recommended standard.

History

Amended by R.2003 d.326, effective 8/4/2003.
See: 35 N.J.R. 1503(a), 35 N.J.R. 3610(a).
In (f), substituted "A biennial" for "An annual" in the introductory paragraph and added 1 and 2.
Amended by R.2003 d.358, effective 9/2/2003.
See: 35 N.J.R. 1801(a), 35 N.J.R. 4052(a).
Rewrote (b); in (h)5, added the second and third sentences.
Repeal and New Rule, R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Required student medical examinations".
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In (i), substituted "district board of education" for "school district".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Amended by R.2015 d.158, effective 10/5/2015.
See: 47 N.J.R. 569(a), 47 N.J.R. 2492(b).
In the introductory paragraph of (g), substituted "(h)2" for "(h)1"; rewrote (h); added new (i); and recodified former (i) through (k) as (j) through (l).
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In (b), substituted "the principal's" for "his or her", and "at" for "in"; and in the introductory paragraph of (h)1vi and (h)1vi(1), substituted "the student-athlete's" for "his or her".

N.J. Admin. Code § 6A:16-2.3 Health services personnel

(a) The district board of education shall appoint a school physician pursuant to N.J.S.A. 18A:40-1.

The school district shall conduct a criminal history background check on any physician before entering into an agreement for delivery of services.
The school physician shall be currently licensed by the New Jersey Board of Medical Examiners in medicine or osteopathy and shall have a training and scope of practice that includes child and adolescent health and development.
A contract between a school district and a school physician appointed pursuant to N.J.S.A. 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 N.J.S.A. 18A:40-41d and has read the sudden cardiac arrest pamphlet developed pursuant to N.J.S.A. 18A:40-41.
The school physician shall provide, at a minimum, the following services:

i. Consultation in the development and implementation of school district policies, procedures and mechanisms related to health, safety and medical emergencies pursuant to N.J.A.C. 6A:16-2.1(a);

ii. Consultation to school district medical staff regarding the delivery of school health services, which includes special health care needs of technology-supported and medically fragile children, including students covered by 20 U.S.C. §§ 1400. et seq., Individuals with Disabilities Education Act;

iii. Physical examinations conducted in the school physician's office or other comparably equipped facility for students who do not have a medical home;

iv. Provision of written notification to the parent stating approval or disapproval of the student's participation in athletics based upon the medical report;

v. Direction for professional duties of other medical staff;

vi. Written standing orders that shall be reviewed and reissued before the beginning of each school year;

vii. Establishment of standards of care for emergency situations and medically related care involving students and school staff;

viii. Assistance to the certified school nurse or noncertified nurse in conducting health screenings of students and staff and assistance with the delivery of school health services;

ix. Review, as needed, of reports and orders from a student's medical home regarding student health concerns;

x. Authorization of tuberculin testing for conditions outlined in N.J.A.C. 6A:16-2.2(c);

xi. Review, approval, or denial with reasons of a medical home determination of a student's anticipated confinement and resulting need for home instruction; and

xii. Consultation with the school district certified school nurse(s) to obtain input for the development of the school nursing services plan, pursuant to N.J.A.C. 6A:16-2.1(b).

(b) The district board of education shall employ a certified school nurse to provide nursing services while school is in session pursuant to N.J.S.A. 18A:40-1 and 3.3.

The certified school nurse shall work under the direction of the school physician and chief school administrator.
The certified school nurse shall 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 Academy of Allergy, Asthma and Immunology.
The role of the certified school nurse shall include, but not be limited to:

i. Carrying out written orders of the medical home and standing orders of the school physician;

ii. Conducting health screenings, which include height, weight, blood pressure, hearing, vision, and scoliosis pursuant to N.J.A.C. 6A:16-2.2; and monitoring vital signs and general health status for emergent issues for students suspected of being under the influence of alcohol and controlled dangerous substances pursuant to N.J.S.A. 18A:40-4 and 18A:40A-12;

iii. Maintaining student health records, pursuant to N.J.S.A. 18A:40-4 and N.J.A.C. 6A:16-2.4;

iv. Recommending to the school principal students who shall not be admitted to or retained in the school building based on a parent's failure to provide evidence of the child's immunization according to the schedules specified in N.J.A.C. 8:57-4;

v. Annually reviewing student immunization records to confirm with the medical home that the medical condition for the exemption from immunization continues to be applicable, pursuant to N.J.A.C. 8:57-4.3;

vi. Recommending to the school principal exclusion of students who show evidence of communicable disease, pursuant to N.J.S.A. 18A:40-7, 8, and 10;

vii. Directing and supervising the emergency administration of epinephrine and glucagon, and training school staff designated to serve as delegates, pursuant to N.J.S.A. 18A:40-12.6 and 12.14;

viii. Administering asthma medication through use of a nebulizer;

ix. Directing and supervising the health services activities of any school staff to whom the certified school nurse has delegated a nursing task;

x. Classroom instruction in areas related to health education pursuant to N.J.A.C. 6A:9B-14.3;

xi. Reviewing and summarizing available health and medical information regarding the student and transmitting a summary of relevant health and medical information to the child study team pursuant to N.J.A.C. 6A:14-3.4(h);

xii. Writing and updating, at least annually, the individualized health care plans and the individualized emergency healthcare plans for students' medical needs, and instructing staff as appropriate;

xiii. Writing and updating, at least annually, any written healthcare provisions required under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.(a), for any student who requires them;

xiv. Assisting in the development of and implementing healthcare procedures for students in the event of an emergency;

xv. Instructing teachers on communicable disease and other health concerns, pursuant to N.J.S.A. 18A:40-3; and

xvi. Reviewing completed health history update questionnaires and sharing with the school athletic trainer for review, if applicable, pursuant to N.J.S.A. 18A:40-41.7; and

xvii. Providing other nursing services consistent with the nurse's educational services certification endorsement as a school nurse issued by the State Board of Examiners and current license approved by the State Board of Nursing.

(c) School districts may appoint a noncertified nurse under the supervision of a certified school nurse to supplement the services of a certified school nurse provided that:

The noncertified nurse shall be assigned to the same school building or complex as the certified school nurse pursuant to N.J.S.A. 18A:40-3.3.a.
A noncertified nurse is limited to providing services only as permitted under the noncertified nurse's license issued by the State Board of Nursing.

History

Amended by R.2002 d.134, effective 5/6/2002.
See: 34 N.J.R. 355(a), 34 N.J.R. 1667(a).
In (e), amended N.J.A.C. reference; added (g) and (h).
Repeal and New Rule, R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Required school health services".
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In (d)3viii, deleted "educational services certification endorsement as a school nurse issued by the State Board of Examiners and" following "nurse's".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Administrative change.
See: 46 N.J.R. 1743(a).
Amended by R.2015 d.158, effective 10/5/2015.
See: 47 N.J.R. 569(a), 47 N.J.R. 2492(b).
Added new (a)3; recodified former (a)3 as (a)4; in (a)4iii, deleted "or whose parent has identified the school as the medical home for the purpose of the sports physical examination" following "home"; in (b)3ii, substituted "N.J.S.A. 18A:40A-12" for "12"; added new (b)3xvi; and recodified former (b)3xvi as (b)3xvii.
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In (b)3x, updated the N.J.A.C. reference; and in (b)3xi, deleted "for the meeting" following "team".

N.J. Admin. Code § 6A:16-2.4 Required student health records

(a) Each school district shall maintain for each student pursuant to N.J.A.C. 6A:32 a student health record that includes the following mandated records:

Findings of health histories, medical examinations and health screenings pursuant to N.J.A.C. 6A:16-2.2 and 4.3; and
Documentation of immunizations against communicable diseases or exemption from these immunizations pursuant to N.J.A.C. 8:57-4.1, 4.3, and 4.4.

(b) Any district board of education employee with knowledge of, or access to, the following health information shall comply with restrictions for sharing information as required by Federal and State statutes and regulations.

Information that identifies a student as having HIV infection or AIDS shall be shared only with prior written informed consent of the student age 12 or greater, or of the student's parent as required by N.J.S.A. 26:5C-1 et seq. and only for the purpose of determining an appropriate educational program for the student.
Information obtained by the school's alcohol and other drug program that would identify the student as an alcohol or other drug user may be disclosed only for those purposes and under conditions permitted by 42 CFR Part 2.

Information provided by a secondary school student while participating in a school-based alcohol or other drug counseling program that indicates that a parent, guardian or other person residing in the student's household is dependent upon or illegally using a substance shall be shared only for those purposes and conditions permitted by N.J.S.A. 18A:40A-7.1.

(c) Access to and disclosure of information in the student health record shall meet the requirements of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232.g and 34 CFR Part 99, incorporated herein by reference, as amended and supplemented, and N.J.A.C. 6A:32-7.

(d) The school district shall provide access to the student health record to licensed medical personnel not holding educational certification who are working under contract with, or as employees of, the school district only to the extent necessary to enable the licensed medical personnel to perform their duties.

Secretarial or clerical personnel under the supervision of the certified school nurse shall be permitted access to portions of the student health record necessary for entry and recording of data and for conducting routine clerical tasks as outlined in N.J.S.A. 18A:40-3.4 and N.J.A.C. 6A:32-7.5.

(e) Nothing in this section shall be construed to prohibit school personnel from disclosing to students or adults in connection with an emergency the information contained in the student health record if the release is necessary to protect the immediate health or safety of the student or other persons pursuant to N.J.A.C. 6A:32-7.4.

History

Recodified from N.J.A.C. 6A:16-1.5 and amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Student health records". In (a), substituted "school district" for "district board of education"; in (a)1 and (a)2, substituted "pursuant to" for "as required in"; in (a)2, deleted "of" preceding "exception"; rewrote introductory paragraph of (b); deleted (b)1 and (b)2; added new (c), (d), (f), (g)1 and (h); recodified former (c) and (d) as present (e) and (g); in (e)1, deleted "or guardian" following "parent"; and in (g), substituted "The school" for "Each" and inserted "school" preceding the second occurrence of "district". Former N.J.A.C. 6A:16-2.4, Nursing services to nonpublic school students, repealed.
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In (c), substituted "Educational" for "Education"; and in the introductory paragraph of (d), inserted a comma following "with" and "of", and substituted "their" for "his or her".

N.J. Admin. Code § 6A:16-2.5 School health services to nonpublic schools

(a) The district board of education having nonpublic schools within school district boundaries shall provide nursing services to students enrolled in a nonpublic school, pursuant to N.J.S.A. 18A:40-23 et seq., as follows:

The school district shall provide services to students who are enrolled full-time;
Services shall be made available only to students of a nonpublic school that provided to the district board of education a report of the type and number of services provided during the previous school year;
The provision of nursing services shall include:

i. Assistance with medical examinations including dental screening;

ii. Screening of hearing;

iii. Maintenance of student health records and notification of local or county health officials of any student who has not been properly immunized, pursuant to N.J.A.C. 8:57-4.1 through 4.20; and

iv. Scoliosis examinations of students between the ages of 10 and 18; and

The district board of education shall make every attempt to provide nursing services for students in nonpublic schools beginning at the start of the school year and continuing throughout the school year.

(b) The district board of education in which the nonpublic school is located shall adopt written policies and procedures for the extension of emergency care provided to public school students to full-time nonpublic school students who are injured or become ill at school or during participation on a school team or squad pursuant to N.J.A.C. 6A:16-2.1(a)4. The district board of education may include in its adopted written policies and procedures the provision of nursing services to preschool students enrolled in nonpublic schools in the event of an emergency, pursuant to N.J.S.A. 18A:40-27.1.

(c) The district board of education having nonpublic schools within school district boundaries may provide to nonpublic students additional medical services pursuant to N.J.S.A. 18A:40-26.a, including necessary equipment, materials, and services for immunizing from diseases students who are enrolled full-time in the nonpublic school pursuant to N.J.S.A. 18A:40-26.b and as required by N.J.A.C. 8:57-4.

Equipment comparable to that used in the school district may be loaned without charge to the nonpublic school for the purpose of providing services under this section. However, such equipment shall remain the property of the district board of education.
Costs of supplies comparable to that used in the school district and transportation may be charged to the funds allocated for each participating nonpublic school provided the costs are directly related to the required basic nursing services and the permitted additional medical services.

(d) Nursing services funded by the district board of education pursuant to N.J.S.A. 18A:40-23 et seq. shall be provided by a registered nurse licensed by the New Jersey State Board of Nursing who is an employee of the school district or a third-party contractor or is an independent contractor.

(e) A district board of education either shall employ a qualified independent contractor to provide nursing services or shall contract, pursuant to N.J.S.A. 18A:40-28, with other district boards of education or with a public or private agency approved by the Commissioner to provide nursing services, pursuant to N.J.A.C. 6A:14-5.2. Prior to any change in the provision of nursing services, the district board of education shall provide timely and meaningful consultation with appropriate nonpublic school representatives, including parents, pursuant to N.J.S.A. 18A:40-28.

(f) The nursing services provided to nonpublic school students shall not include instructional services.

(g) A nonpublic school may decline nursing services required or permitted under this subchapter by submitting to the district board of education notification signed by the chief school administrator of the nonpublic school pursuant to N.J.S.A. 18A:40-29 and still may request additional services pursuant to (c) above.

(h) A student who is enrolled in a nonpublic school and whose parent objects to the student receiving any service provided under this subchapter shall not be compelled to receive the service except for a physical or medical examination to determine whether the student is ill or infected with a communicable disease pursuant to N.J.S.A. 18A:40-30.

(i) The district board of education shall provide health services based upon the following:

The funding for services shall be based upon the nonpublic school enrollment on the last school day prior to October 16 of the preceding school year;

The funding for services shall be based on a report provided to the Department by the school district or nonpublic school that includes the nonpublic school enrollment on the last school day prior to October 16 of the preceding school year; and

The funds expended by the district board of education for administrative costs shall be limited to the actual costs or six percent of the funds allocated annually for each participating nonpublic school, whichever is less. Administrative costs shall include, but not be limited to, the costs related to the school district's annual consultation, bidding, program and contract management, and oversight and quality control.

(j) The chief school administrator, or designee, of the school district in which a nonpublic school is located shall confer annually with the administrator of the nonpublic school for the following purposes:

To advise the nonpublic school of the amount of funds allocated to it by the Department for the provision of health services for full-time students enrolled in the nonpublic school;
To agree on the basic health services that shall be provided and the additional medical services, equipment, or supplies that may be provided as set forth in N.J.S.A. 18A:40-23 et seq.;
To discuss the criteria to be used in the school district's selection of a nursing service provider for the nonpublic school;
To ascertain the level of satisfaction of the nonpublic school with the current nursing service provider;
If the chief school administrator or designee and the nonpublic school administrator cannot reach agreement regarding the health services and additional medical services to be provided, the county office of education shall provide assistance;
To assure that a description of the provision of nursing services is reflected in the school district's nursing services plan; and
To ensure nonpublic school students in the school district who are knowingly without medical coverage have access to the NJ FamilyCare program and to make accessible information regarding the program to the students, pursuant to N.J.S.A. 18A:40-34.

(k) For the purposes of monitoring and recordkeeping, the district board of education providing health services to nonpublic schools shall submit to the executive county superintendent on or before October 1 annually the following information and shall provide a copy to the chief school administrator of each nonpublic school within school district boundaries:

A written statement verifying that the required conference was held with the nonpublic school;
A copy of the contract with an independent contractor or agency to provide services, if applicable, and approved minutes of the district board of education meeting approving the contract that describes the methods by which the health services will be provided to nonpublic school students for the ensuing year, including a rationale for the distribution of funds; and
A description of the type and number of services that were provided during the previous school year on a Commissioner-approved form.

History

New Rule, R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Amended by R.2015 d.158, effective 10/5/2015.
See: 47 N.J.R. 569(a), 47 N.J.R. 2492(b).
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In the introductory paragraph of (j), inserted a comma following "administrator" and "designee", and deleted "his or her" preceding "designee".

Subchapter 3 COMPREHENSIVE ALCOHOL, TOBACCO, AND OTHER DRUG ABUSE PROGRAMS

N.J. Admin. Code § 6A:16-3.1 Establishment of comprehensive alcohol, tobacco, and other drug abuse programs

(a) Each district board of education shall establish a comprehensive program of prevention, intervention, referral for evaluation, referral for treatment, and continuity of care for student alcohol, tobacco, and other drug abuse in the school district's public elementary and secondary schools, in accordance with N.J.S.A. 18A:40A-3, 10, and 15.

The purpose of the prevention component of the program shall be to:

i. Keep students from using alcohol, tobacco or other drugs;

ii. Reduce or eliminate the incidence and prevalence of student alcohol, tobacco and other drug abuse;

iii. Reduce the factors that place students at risk for involvement with alcohol, tobacco or other drugs through school and community-based planning processes;

iv. Contribute to the development of school environments and alternative activities that are alcohol, tobacco and other drug-free;

v. Increase the knowledge and skills of students, staff and community members for avoiding the harmful effects of alcohol, tobacco and other drug use; and

vi. Actively involve staff, students, parents, and other community members in the development and implementation of prevention program plans.

The purpose of the intervention, referral for evaluation, and referral for treatment components of the program shall be to:

i. Identify students who are at risk for, or who have exhibited, alcohol, tobacco or other drug abuse or related problems;

ii. Help students or their parents who have requested assistance for alcohol, tobacco or other drug abuse problems;

iii. Make a preliminary assessment of a student's need for educational programs, supportive services or treatment that extends beyond the general school program by virtue of the use of alcohol, tobacco, or other drugs by the student or the student's parents;

iv. Refer students for evaluation to make a positive determination regarding a student's need for alcohol, tobacco, or other drug treatment;

v. Help a student or a student's parents follow through on the recommendations resulting from an evaluation that has positively determined the harmful use of alcohol, tobacco, or other drugs by the student or the student's parents; and

vi. Assist a student or a student's parents with a referral for treatment.

The purpose of the continuity of care component of the program shall be to:

i. Assist with the provision of educational programs and services for students in treatment; and

ii. Plan and provide supportive services for students who are returning from treatment.

Each district board of education shall ensure that all educational staff members receive in-service training in alcohol, tobacco, and other drug abuse prevention and intervention, in accordance with N.J.S.A. 18A:40A-3 and 15.

i. The in-service training shall be updated annually to ensure educational staff members have the most current information available on the subject of substance abuse and on the school district's comprehensive alcohol, tobacco, and other drug abuse program, policies, and procedures.

Pursuant to N.J.S.A. 18A:40A-18.c, student assistance coordinators employed by district boards of education shall assist school districts in the effective implementation of N.J.S.A. 18A:40A-1 through 18.
When a student assistance coordinator is not employed or contracted by a district board of education, the board shall assign school staff with appropriate educational services certificates to perform the student assistance coordinator functions, pursuant to N.J.S.A. 18A:40A-18.c and (a)5 above, and to assist in the effective implementation of the requirements of N.J.S.A. 18A:40A-1 through 17.

i. The district board of education shall maintain documentation of school staff with appropriate educational services certificates who will perform the student assistance coordinator functions.

Each district board of education shall establish educational programs on alcohol, tobacco, and other drug abuse for parents, pursuant to N.J.S.A. 18A:40A-16 and 17(a), and offered at times and places convenient to the parents of enrolled students.
Each district board of education shall make and enforce rules to prohibit any person from smoking or carrying lighted tobacco at any time on school grounds or on school buses or other vehicles owned or contracted by the board of education, pursuant to P.L. 2009, c. 182, P.L. 2005, c. 383, N.J.A.C. 13:28-6.14, and N.J.A.C. 8:6.

History

Amended by R.2002 d.396, effective 12/16/2002.
See: 34 N.J.R. 3157(a), 34 N.J.R. 4433(a).
In (a)7, substituted "smoking of any substance and the use of tobacco products anywhere in its buildings or on school grounds, except" for "smoking of tobacco anywhere in its buildings except".
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (a)1ii, inserted "or eliminate"; in (a)1iii, substituted "Increase" for "Reduce"; in (a)2, substituted "parents" for "family" throughout; in (a)2ii, substituted "parents" for "families"; in (a)4, inserted "school"; added designation for (a)4i; in (a)5, updated the N.J.A.C. reference; and in (a)6, deleted "and guardians" following "parents" two times.
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In (a)2ii, deleted "an" preceding "alcohol" and substituted "problems" for "problem".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Section was "Establishment of comprehensive alcohol, tobacco and other drug abuse programs". Rewrote the section.
Administrative change.
See: 46 N.J.R. 1743(a).
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
Rewrote (a)5.

N.J. Admin. Code § 6A:16-3.2 Confidentiality of student alcohol and other drug information

(a) Each district board of education shall assure compliance with the following confidentiality requirements consistent with the implementation of 20 U.S.C. § 1232g, the Family Educational Rights and Privacy Act, and 34 CFR Part 99 :

Confidentiality of substance use disorder patient records, pursuant to 42 CFR Part 2 ; and

Confidentiality of information provided by an elementary or secondary school student while participating in a school-based drug and alcohol counseling program that indicates the student's parent or other person residing in the student's household is dependent upon or illegally using substances pursuant to N.J.S.A. 18A:40A-7.1 and 7.2.

History

Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
In the introductory paragraph of (a), inserted "consistent with the implementation of 20 U.S.C. § 1232.g, the Family Education Rights and Privacy Act, and 34 CFR Part 99 "; and in (a)2, substituted "that" for "which", and deleted "that" following "indicates".
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In the introductory paragraph of (a), substituted "Educational" for "Education"; and in (a)1, substituted "substance use disorder" for "alcohol and drug abuse".

Subchapter 4 PROCEDURES FOR ALCOHOL AND OTHER DRUG ABUSE INTERVENTION

N.J. Admin. Code § 6A:16-4.1 Adoption of policies and procedures for the intervention of student alcohol and other drug abuse

(a) Each district board of education shall adopt and implement policies and procedures for the assessment, intervention, referral for evaluation, referral for treatment, and enforcement of the code of student conduct, pursuant to N.J.A.C. 6A:16-7, for students whose use of alcohol or other drugs has affected their school performance, or for students who consume or who are suspected of being under the influence of or who possess or distribute the following substances on school grounds pursuant to N.J.S.A. 18A:40A-9, 10, and 11:

Alcoholic beverages;
Any controlled dangerous substance, including anabolic steroids, as defined in N.J.S.A. 24:21-2 and 2C:35-2;
Any chemical or chemical compound that releases vapor 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 N.J.S.A. 2C:35-10.4; and
Over-the-counter and prescription medications that are improperly used to cause intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.

(b) In adopting and implementing policies and procedures for assessment, intervention, referral for evaluation, and referral for treatment of alcohol or other drug-affected students, district boards of education shall consult with a local organization licensed by the New Jersey Department of Human Services, and may consult with out-of-State agencies licensed by the appropriate state regulatory agency for alcohol and other drug services, or private practitioners certified by the appropriate drug and alcohol licensing board, as appropriate, pursuant to N.J.S.A. 18A:40A-11.

(c) Each district board of education's policies for students using, possessing, or distributing alcohol and other drugs, as defined in (a) above, shall include the following components:

The role of appropriate school staff when handling a variety of possible alcohol or other drug-related situations involving students on school grounds;
Specific procedures, sanctions and due process provisions, consistent with N.J.A.C. 6A:16-4.4 and 7, as appropriate, for violations of the alcohol and other drug policy requiring action by the district board of education to apply the code of student conduct pursuant to N.J.A.C. 6A:16-7, including consequences for not following through on the recommendations of an evaluation for alcohol or other drug abuse and related behaviors;
Appropriate steps for ameliorating student problems related to alcohol and other drug use;
Appropriate steps for providing support for student transitions to and from health and social service agencies;
Specific procedures to govern instances where emergency room services are required in treating alcohol- or other drug-affected students;
Assessment or evaluation services for students who are affected by alcohol or other drug use. The services shall include one or more of the following:

i. Assessments by an individual who holds the educational services certificate with the student assistance coordinator endorsement issued by the New Jersey State Board of Examiners, or by an individual who holds one of the following educational services certificate endorsements: school nurse; school nurse/non-instructional; school psychologist; school counselor; school social worker; or student personnel services and is trained to assess alcohol and other drug abuse;

ii. Examinations by a physician for the purpose of determining whether alcohol or other drug use interferes with students' physical and mental abilities to perform in school or students are under the influence of alcohol or other drugs;

iii. Referrals for evaluation to community agencies, as defined in (b) above, out-of-State agencies licensed by the appropriate state regulatory agency for alcohol and other drug services, or private practitioners certified by the appropriate alcohol or other drug licensing board; or

iv. Evaluations by the child study team to determine students' eligibility for special education and related services, pursuant to N.J.A.C. 6A:14-3.5 and 3.6;

The provision of intervention, referral for evaluation, and referral for treatment services for students who are affected by alcohol or other drug use.

i. The intervention, referral for evaluation, and referral for treatment services shall be provided by an individual who holds the educational services certificate with the student assistance coordinator endorsement issued by the New Jersey State Board of Examiners, or by an individual who holds one of the following educational services certificate endorsements: school nurse; school nurse/non-instructional; school psychologist; school counselor; school social worker; or student personnel services and is trained in alcohol and other drug abuse intervention, assessment, referral for evaluation, and referral for treatment skills.

ii. The intervention, referral for evaluation, and referral for treatment services shall include one or more of the following:

(1) Provisions for a program of instruction, counseling, and related services provided by the district board of education while a student receives medical treatment for a diagnosed alcohol or other drug dependency problem;

(2) Referral to a community agency, as defined in (b) above, out-of-State agencies licensed by the appropriate state regulatory agency for alcohol and other drug services, or private practitioners authorized by the appropriate drug and alcohol licensing board;

(3) Provisions for support services for students who are in, or returning from, medical treatment for alcohol and other drug dependency; or

(4) A special class, course or educational program designed to meet the needs of students with alcohol or other drug use problems;

Provisions for assisting parents who believe their child might be involved with alcohol or other drug use, in accordance with N.J.S.A. 18A:40A-17(b);

Provisions, pursuant to N.J.A.C. 6A:16-4.3(a)3 i and (b)3i and 6.3(a)4, for when to contact law enforcement officials to disclose the identities of students reasonably believed to be in possession of a controlled dangerous substance, including anabolic steroids, or related paraphernalia or involved or implicated in distribution activities regarding controlled dangerous substances, including anabolic steroids.

i. Pursuant to N.J.A.C. 6A:16-4.3(a)3 and (b)3 and 6.3(a)4, the chief school administrator or designee may disclose to law enforcement authorities the identities of students suspected of being under the influence of alcohol or other drugs; and

Provisions for reporting to and cooperating with law enforcement authorities, pursuant to N.J.A.C. 6A:16-6, for the unlawful possession, distribution, and disposition of substances, as set forth in this section and N.J.A.C. 6A:16-6.1(a)1.

History

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Rewrote (a) and (c); and in (b), substituted "Human Services" for "Health and Senior Services".
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In the introductory paragraph of (a), substituted "on school grounds, including on school buses or at school-sponsored functions," for "in school or at school functions"; and in (c)1, substituted "grounds, including on school buses or at school-sponsored functions" for "property or at school functions".
Amended by R.2007 d.383, effective 12/17/2007.
See: 39 N.J.R. 2579(a), 39 N.J.R. 5218(a).
In the introductory paragraph of (c)2, substituted "and 4.4, as appropriate," for the comma following "N.J.A.C. 6A:16-7"; and in (c)2i, inserted ", with the exception of the sanctions established pursuant to N.J.A.C. 6A:16-4.4".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.

N.J. Admin. Code § 6A:16-4.2 Review and availability of policies and procedures for the intervention of student alcohol or other drug abuse

(a) Each district board of education shall establish a process for the annual review of the effectiveness of its policies and procedures regarding student alcohol and other drug abuse. The district board of education may solicit parent, student, and community input, as well as consult in the review process with local alcohol and other drug abuse prevention, intervention and treatment agencies licensed by the New Jersey Department of Human Services.

(b) Each district board of education shall annually disseminate to all school staff, students and parents through its website or other means its adopted policies and procedures for implementing N.J.A.C. 6A:16-4.

History

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (a), substituted "the" for "an" preceding "annual", "alcohol and other drug" for "substance" two times, "Human" for "Health and Senior", and inserted "parent, student and"; and in (b), substituted "disseminate" for "make available" and deleted the comma following "students".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
In (a), substituted "regarding" for "on", and "may" for "shall", and inserted a comma following the second occurrence of "student"; and in (b), inserted "through its website or other means".

N.J. Admin. Code § 6A:16-4.3 Reporting, notification, and examination procedures for students suspected of being under the influence of alcohol or other drugs

(a) In instances involving alcoholic beverages, controlled dangerous substances other than anabolic steroids, or any other chemical or chemical compound as identified at N.J.S.A. 18A:40A-9 and N.J.A.C. 6A:16-4.1(a), the following shall apply:

Any educational staff member or other professional to whom it appears that a student may be currently under the influence of alcohol or other drugs on school grounds shall report the matter as soon as possible to the principal or, in the principal's absence, to the principal's designee and either the certified school nurse, noncertified nurse, school physician, or student assistance coordinator, pursuant to N.J.S.A. 18A:40A-12.

i. In instances where the principal and either the certified school nurse, non-certified nurse, school physician, or student assistance coordinator are not in attendance, the staff member responsible for the school function shall be immediately notified.

In response to every report by an educational staff member or other professional of suspected student alcohol or other drug use, including instances when a report is made to law enforcement, the principal or the principal's designee shall:

i. Immediately notify the parent and the chief school administrator or the chief school administrator's designee; and

ii. Arrange for an immediate medical examination of the student for the purposes of providing appropriate health care and for determining whether the student is under the influence of alcohol or other drugs, other than anabolic steroids.

The chief school administrator or designee may disclose to law enforcement authorities the identity of a student suspected to be under the influence of alcohol or other drugs, pursuant to (a)1 above.

i. The chief school administrator shall disclose to law enforcement authorities the identity of a student reasonably believed to be in possession of a controlled dangerous substance or related paraphernalia or a student reasonably believed to be involved or implicated in distribution activities regarding controlled dangerous substances.

The medical examination, pursuant to (a)2ii above, shall be performed by a physician licensed to practice medicine or osteopathy who is selected by the parent.

i. The school district, in cooperation with medical professionals licensed to practice medicine or osteopathy, shall establish minimum requirements for the medical examination.

ii. The examination shall be at the expense of the parent and not the district board of education.

If the physician chosen by the parent is not immediately available, the medical examination shall be conducted by the school physician.

i. If the school physician is not available, the student shall be accompanied by a member of the school staff designated by the principal to the emergency room of the nearest hospital for examination.

ii. The student's parent, if available, also shall accompany the student.

iii. When the medical examination is conducted by the school physician or a physician at the emergency room of the nearest hospital, the examination shall be at the expense of the district board of education.

Each district board of education shall have a plan in place for the appropriate supervision of the student:

i. While waiting for a parent to take the student to the physician selected by the parent, or while the student is waiting for and receiving the medical examination by the school physician or a physician in an emergency room; and

ii. Provisions shall be made for the appropriate care of the student while awaiting the results of the medical examination.

A written report of the medical examination shall be furnished to the student's parent, the principal, and the chief school administrator by the examining physician within 24 hours of the referral of the student for suspected alcohol or other drug use.

i. The school district, in cooperation with the school physician or medical professionals licensed to practice medicine or osteopathy, shall establish minimum requirements for the medical report.

ii. The report's findings shall verify whether the student's alcohol or other drug use interferes with the student's physical and mental ability to perform in school.

When the medical examination is performed by a physician other than the school physician or a physician at the emergency room of the nearest hospital, the school district shall require the parent to verify within 24 hours of the notification that the student is suspected of alcohol or other drug use that a medical examination was performed in compliance with (a)7i above.

i. The verification shall include, at a minimum, the signature, printed name, address, and phone number of the examining physician, the date and time of the medical examination, and the date by which the report required in (a)7 above will be provided.

ii. Refusal or failure by a parent to comply with this requirement shall be treated as a policy violation and handled in accordance with (d) below.

If the written report of the medical examination is not submitted to the parent, principal, and chief school administrator within 24 hours of the referral of the student for suspected alcohol or other drug use, the student shall be allowed to return to school until such time as a positive determination of alcohol or other drug use is received from the examining physician, unless the student was also removed for violating the code of student conduct.
If the written report of the medical examination verifies that alcohol or other drugs do not interfere with the student's physical and mental ability to perform in school, the student shall be immediately returned to school.
If there is a positive determination from the medical examination indicating the student's alcohol or other drug use interferes with the student's physical or mental ability to perform in school:

i. The student shall be returned as soon as possible to the care of a parent;

ii. Attendance at school shall not resume until a written report has been submitted to the parent, the principal, and chief school administrator from a physician licensed to practice medicine or osteopathy who has examined the student to determine whether alcohol or other drug use interferes with the student's physical or mental ability to perform in school;

(1) The report shall verify that the student's alcohol or other drug use no longer interferes with the student's physical and mental ability to perform in school; and

iii. Removal of a student with a disability shall be made in accordance with N.J.A.C. 6A:14 and the IDEA, 20 U.S.C. §§ 1400. et seq.

While the student is at home because of the medical examination or after the student returns to school, an individual who holds the educational services certificate with the student assistance coordinator endorsement issued by the New Jersey State Board of Examiners, or an individual who holds one of the following educational services certificate endorsements: school nurse; school nurse/non-instructional; school psychologist; school counselor; school social worker; or student personnel services and is trained to assess alcohol and other drug abuse shall:

i. Conduct an alcohol and other drug assessment of the student and a reasonable investigation of the situation, which may include interviews with the student's teachers and parents and consultation with experts in student alcohol or other drug abuse, for the purpose of making a preliminary determination of the student's need for educational programs, supportive services, or treatment that extend beyond the general school program by virtue of the student's use of alcohol or other drugs.

(1) The findings of the assessment alone shall not be used to prevent a student from attending school; and

ii. Cooperate with community agencies as defined in N.J.A.C. 6A:16-4.1(b) and juvenile justice officials in providing evaluation, referral and continuity of care for alcohol or other drug abuse treatment.

While the student is at home because of the medical examination or after the student's return to school, the principal or chief school administrator may recommend or require alcohol and other drug assessment of the student or evaluation by appropriately certified or licensed professionals to make a positive determination of a student's need for programs and services that extend beyond the general school program, as necessary.

i. The findings of additional evaluations alone shall not be used to prevent a student from attending school.

If at any time it is determined that the student's use of alcohol or other drugs presents a danger to the student's health and well-being, an individual who holds the educational services certificate with the student assistance coordinator endorsement issued by the New Jersey State Board of Examiners or an individual who holds one of the following educational services certificate endorsements: school nurse; school nurse/non-instructional; school psychologist; school counselor; school social worker; or student personnel services and is trained in alcohol and other drug abuse treatment referral shall initiate a referral for alcohol or other drug abuse treatment.
The district board of education may provide additional intervention and referral services for the student according to N.J.S.A. 18A:40A-10 and N.J.A.C. 6A:16-8.

(b) In instances involving the suspected use of anabolic steroids, the following shall apply according to N.J.S.A. 18A:40A-12(b):

Whenever a teaching staff member, certified or non-certified school nurse, or other educational personnel has reason to believe that a student has used or may be using anabolic steroids, the person shall report the matter as soon as possible to the principal or, in the principal's absence, to the principal's designee and either the certified or non-certified school nurse, school physician, or student assistance coordinator.
In response to a report of suspected anabolic steroid use pursuant to (b)1 above, including instances when a report is made to law enforcement, the principal or the principal's designee shall immediately notify the parent and the chief school administrator and shall arrange for an examination of the student by a physician licensed to practice medicine or osteopathy selected by the parent.

i. If the physician chosen by the parent is not available to perform the examination, it shall be conducted by the school physician or other physician identified by the principal.

ii. The student shall be examined as soon as possible for the purpose of determining whether the student has been using anabolic steroids.

The chief school administrator or designee may disclose to law enforcement authorities the identity of a student suspected to have used or to be using anabolic steroids, pursuant to (b)1 above.

i. The chief school administrator shall disclose to law enforcement authorities the identity of a student reasonably believed to be in possession of anabolic steroids or related paraphernalia or a student reasonably believed to be involved or implicated in distribution activities involving anabolic steroids.

The examining physician shall provide to the parent, principal, and chief school administrator a written report of the examination.
If it is determined the student has used anabolic steroids, an individual who holds the educational services certificate with the student assistance coordinator endorsement issued by the New Jersey State Board of Examiners or an individual who holds one of the following educational services certificate endorsements: school nurse; school nurse/non-instructional; school psychologist; school counselor; school social worker; or student personnel services and is trained to assess alcohol and other drug abuse shall interview the student and others, as necessary, for the purpose of determining the extent of the student's involvement with and use of anabolic steroids and the possible need for referral for treatment.

i. To make this determination, school staff members identified in (b)5 above may conduct a reasonable investigation, which may include interviews with the student's teachers and parents and consultation with experts in student alcohol or other drug abuse.

If results of a referral for evaluation positively determine the student's involvement with and use of anabolic steroids represents a danger to the student's health and well-being, an individual who holds the educational services certificate with the student assistance coordinator endorsement issued by the New Jersey State Board of Examiners or an individual who holds one of the following educational services certificate endorsements: school nurse; school nurse/non-instructional; school psychologist; school counselor; school social worker; or student personnel services and is trained to assess alcohol and other drug abuse shall initiate a referral for treatment to appropriate community agencies, as defined in N.J.A.C. 6A:16-4.1(b), to out-of-State agencies licensed by the appropriate state regulatory agency for alcohol and other drug services, or to private practitioners certified by the appropriate drug and alcohol licensing board.

(c) Any educational or non-educational district board of education employee who in good faith reports to the principal or the principal's designee a student in compliance with the provisions of this subsection shall not be liable in civil damages as a result of making a report, as specified at N.J.S.A. 18A:40A-13 and 14.

(d) Refusal or failure by a parent to comply with the provisions of N.J.S.A. 18A:40A-12 and this section shall be treated as a policy violation of the Compulsory Education Act, pursuant to N.J.S.A. 18A:38-25 and 31, and child neglect laws, pursuant to N.J.S.A. 9:6-1 et seq. and N.J.A.C. 6A:16-11.

(e) Refusal or failure of a student to comply with the provisions of N.J.S.A. 18A:40A-12 and this section shall be treated by the school district as a policy violation and handled in accordance with N.J.A.C. 6A:16-4.1(c)2.

History

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Rewrote (a) and (b); and in (e), inserted "school" preceding "district".
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In (a)1, substituted "the noncertified" for "non-certified"; in (a)5ii, substituted "also shall" for "shall also"; and in (d), inserted "and N.J.A.C. 6A:16-11".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Section was "Reporting, notification and examination procedures for students suspected of being under the influence of alcohol or other drugs". Rewrote the section.
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In the introductory paragraph of (a), substituted "at" for "in"; in the introductory paragraph of (a)1, in the introductory paragraph of (a)2, in (b)1, in the introductory paragraph of (b)2, and in (c), substituted "the principal's" for "his or her" throughout; in (a)2i, substituted "the chief school administrator's" for "his or her"; in (a)7ii, in the introductory paragraph of (a)11, in the introductory paragraph of (a)11ii, (a)11ii(1), and (a)13, substituted "the student's" for "his or her"; in (a)11iii, inserted "and the IDEA, 20 U.S.C. §§ 1400. et seq"; in (b)2ii, substituted "the student" for "he or she"; and in (c), substituted "at" for "in".

N.J. Admin. Code § 6A:16-4.4 Voluntary policy for random testing of student alcohol or other drug use

(a) Each district board of education that chooses to adopt policies and procedures for the random testing of students, pursuant to N.J.S.A. 18A:40A-22 et seq., for the use of controlled dangerous substances, including anabolic steroids, as defined in N.J.S.A. 2C:35-2 and 24:21-2, or alcoholic beverages, as defined in N.J.S.A. 33:1-1, shall:

Hold a public hearing prior to the adoption of the alcohol or other drug testing policies and procedures.

i. The notice of the public hearing shall specifically identify the proposed alcohol or other drug testing policies and procedures as an agenda item; and

ii. Copies of the proposed alcohol or other drug testing policies and procedures shall be made available upon request prior to the public hearing;

Apply the alcohol or other drug testing policies and procedures only to students in grades nine through 12 who participate in extra-curricular activities, including interscholastic athletics, or who possess parking permits;
Be responsible for all costs of the alcohol or other drug testing, including any costs associated with the transportation of students;

Ensure that the voluntary alcohol or other drug testing conducted pursuant to this section is separate and distinct from any other alcohol or other drug testing that might be administered by the district board of education, including the required medical examination of students currently suspected of being under the influence of alcohol or other drugs, pursuant to N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3;

Ensure that the policies and procedures for the alcohol or other drug testing program, pursuant to (b) below, are included in and are consistent with the policies and procedures for the intervention of student alcohol or other drug abuse, pursuant to N.J.S.A. 18A:40A-10 and 11 and N.J.A.C. 6A:16-4.1; and
Provide written notice to all ninth-through-12th-grade students and their parents at the beginning of each school year that the active written consent of students and parents for random student alcohol or other drug testing is required for students to participate in extracurricular activities, including interscholastic athletics, or to possess a school parking permit.

(b) Each district board of education's written alcohol or other drug testing policies and procedures, pursuant to this section, shall include, but need not be limited to, the following components:

A statement that the purposes of the alcohol and other drug testing policies are to deter alcohol and other drug use and to provide a means for the early detection of students with alcohol or other drug problems so referral for evaluation or referral for treatment, pursuant to (b)10 below and N.J.A.C. 6A:16-1.3 and 4.1, or other appropriate assistance may be offered;
A description of the procedures for randomly selecting students for alcohol or other drug testing, which shall include, at a minimum:

i. The manner in which students shall be randomly selected for alcohol or other drug testing;

ii. An explanation of the sampling statistical principles supporting the random selection process; and

iii. An explanation of how implementation of the random selection process shall be documented and verified;

A description of the procedures for the acquisition and management of student's alcohol or other drug test specimens, which shall address the following, at a minimum and as appropriate to the method selected under (c) below:

i. Student monitoring;

ii. Student transportation;

iii. The acquisition and handling of students' specimens;

iv. The chain of custody of students' specimens;

v. The testing and analysis of students' specimens; and

vi. The storage of students' specimens;

The standards for ensuring confidentiality and scope of authorized disclosure of alcohol or other drug testing information that protect, at a minimum:

i. The identities of students who have been selected to be tested or who have been tested;

ii. The results of alcohol or other drug tests;

iii. The billing and management reports associated with alcohol or other drug tests; and

iv. Information, prior to the time of an alcohol or other drug test, that a test is to take place;

A description of the consequences for violating confidentiality and disclosure standards, pursuant to (b)4 above;
The parent providing consent to alcohol or other drug testing, pursuant to (a)6 above, shall be notified each time the parent's child has been tested under the alcohol or other drug testing policy, pursuant to this section.

i. The school district shall establish procedures ensuring confidentiality of the notification;

The procedures for reporting results of alcohol or other drug tests, including written notification to students and their parents concerning test findings, that are consistent with (b)4 above.

i. Law enforcement authorities shall not be notified of test results;

The specific actions pursuant to N.J.A.C. 6A:16-7.1, as appropriate, N.J.A.C. 6A:16-4.1, and this section to be taken against students who test positive for alcohol or other drug use.

i. Actions to be taken against students who test positive for alcohol or other drug use shall be limited to:

(1) Removal from or prohibition against participation in extracurricular activities, including interscholastic athletics; or

(2) Disapproval or revocation of student parking permits.

ii. Prior to actions being taken pursuant to (b)8i(1) or (2) above, all positive alcohol or other drug test results shall be confirmed by the laboratory using a methodology recommended by the laboratory instrument's manufacturer;

The procedures for students or their parents to challenge a positive result from the alcohol or other drug tests;
The guidelines for referral for evaluation or referral for treatment, pursuant to N.J.A.C. 6A:16-l.3 and 4.1 and this section, or the provision of other appropriate assistance for students who test positive for alcohol or other drug use; and
The specific actions, pursuant to N.J.A.C. 6A:16-7.1, to be taken against students who refuse to consent to alcohol or other drug testing.

i. Actions to be taken against students who refuse to consent to alcohol or other drug testing shall be limited to:

(1) Removal from or prohibition against participation in extracurricular activities, including interscholastic athletics: or

(2) Disapproval or revocation of student parking permits.

(c) Each district board of education shall provide for the collection and testing of alcohol or other drug specimens by implementing one of the following methods, in accordance with N.J.S.A. 45:9-42.26 et seq. and N.J.A.C. 8:44 and 8:45:

Transporting randomly selected students, pursuant to (b)2 and 3ii above, to a State-licensed clinical laboratory to perform specimen collection and alcohol or other drug testing;
Choosing a State-licensed clinical laboratory to operate an onsite licensed collection station and to transport the specimens to the offsite licensed laboratory for alcohol or other drug testing;

Choosing to obtain a State license to operate the school district's own collection station for the collection of specimens, pursuant to (a)3 above, as appropriate, and (b)3 and 4 above, and contract with a licensed clinical laboratory for transportation and alcohol or other drug testing of the specimens;

Choosing to obtain a State license to operate a clinical laboratory for onsite collection and alcohol or other drug testing of specimens; or
Choosing to contract with a State-licensed clinical laboratory to provide for both the onsite collection and alcohol or other drug testing of specimens.

(d) The district board of education shall limit the collection of specimens for alcohol or other drug testing in a State-licensed collection station or clinical laboratory, in accordance with N.J.S.A. 45:9-42.26 et seq., N.J.A.C. 8:44 and 8:45, and (c)1 above to the following persons:

A school physician;
A physician, other than the school physician, licensed to practice medicine or osteopathy other than the school physician;

A certified school nurse or noncertified nurse, pursuant to N.J.A.C. 6A:9B-14.3 and 14.4; or

The staff of a State-licensed clinical laboratory or health care facility, in accordance with (c) above, as designated by the district board of education.

History

New Rule, R.2007 d.383, effective 12/17/2007.
See: 39 N.J.R. 2579(a), 39 N.J.R. 5218(a).
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Administrative change.
See: 46 N.J.R. 1743(a).
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In the introductory paragraph of (b)6, substituted "the parent's" for "his or her"; and in (d)3, updated the N.J.A.C. references.

Subchapter 5 SCHOOL SAFETY AND SECURITY

N.J. Admin. Code § 6A:16-5.1 School safety and security plans

(a) Each school district shall develop and implement comprehensive plans, procedures, and mechanisms that provide for safety and security in the school district's public elementary and secondary schools. Plans and procedures, which shall be in written form, and mechanisms shall provide for, at a minimum:

The protection of the health, safety, security and welfare of the school population;
The prevention of, intervention in, response to and recovery from emergency and crisis situations;
The establishment and maintenance of a climate of civility; and
Support services for staff, students and their families.

(b) The chief school administrator shall consult with law enforcement agencies, health and social services provider agencies, emergency management planners, and school and other community resources, as appropriate, in the development of the school district's plans, procedures, and mechanisms for school safety and security.

The plans, procedures, and mechanisms shall be consistent with the provisions of this section and the format and content established by the Domestic Security Preparedness Task Force, pursuant to N.J.S.A. App. A:9-64 et seq., and the Commissioner.
The plans, procedures, and mechanisms shall be reviewed annually and updated as appropriate.

New district board of education employees shall receive a copy of the school safety and security plan, as appropriate, within 60 days of the effective date of their employment.
All district board of education employees shall be notified in writing, as appropriate, regarding updates and changes to the school safety and security plan.

(d) The district board of education shall develop and provide an in-service training program for all district board of education employees to enable them to recognize and appropriately respond to safety and security concerns, including emergencies and crises, consistent with the district board of education's plans, procedures, and mechanisms for school safety and security and the provisions of this section.

New district board of education employees shall receive the in-service training within 60 days of the effective date of their employment.
The in-service training program for all district board of education employees shall be reviewed annually and updated as appropriate.

History

Recodified from N.J.A.C. 6A:16-5.2 and amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote the section. Former N.J.A.C. 13:35-5.1 recodified as N.J.A.C. 13:35-7.1.
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "School safety plans". Inserted "and security" throughout; in introductory paragraph of (a), substituted "school district" for "district board of education"; in (a)1, inserted ", security"; in introductory paragraph of (b), deleted "other" preceding "school", inserted "other" preceding "community" and substituted "school district's" for "district board of education's"; in (b)1, substituted "Domestic Security Preparedness Task Force, pursuant to N.J.S.A. App. A:9-64 et seq.," for "Attorney General"; added (b)2; in introductory paragraph of (d), inserted "all" and substituted "district board of education's" for "school district's"; and rewrote (d)2.
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the introductory paragraph of (a); in the introductory paragraph of (b), inserted a comma following "planners"; in the introductory paragraph of (b), (b)1, (b)2, and the introductory paragraph of (d), inserted a comma following "procedures"; in (b)1, deleted "of Education" following "Commissioner"; in (b)2, deleted a comma following "updated"; in the introductory paragraph of (c), inserted "to its employees" and deleted "to all district board of education employees" following "plan"; in (c)2, substituted "notified" for "briefed"; in (d)1, deleted ", as appropriate," following "training", and in (d)2, deleted a comma following "updated".

N.J. Admin. Code § 6A:16-5.2 Violence awareness

(a) Each district board of education annually shall observe "School Violence Awareness Week" during the week beginning with the third Monday in October by organizing activities to prevent school violence according to N.J.S.A. 18A:36-5.1.

(b) Each district board of education shall disseminate to students' parents or guardians an informational pamphlet prepared by the Department on how a parent can limit a child's exposure to violence on television, cell phones, computers, and other electronic devices, pursuant to N.J.S.A. 18A:40-44.

History

Amended by 47 N.J.R. 2492(b), effective 10/5/2015

N.J. Admin. Code § 6A:16-5.3 Incident reporting of violence, vandalism and alcohol and other drug abuse

(a) For purposes of reporting information to the Department, pursuant to N.J.S.A. 18A:17-46, any school employee who observes or has direct knowledge from a participant or victim of an act of violence, including harassment, intimidation, and bullying, or the possession or distribution of alcohol or other drugs on school grounds, and any school employee who reports a student for being under the influence of alcohol or other drugs, pursuant to N.J.S.A. 18A:40A-12, shall file with the principal a report describing the incident.

The report shall be on a form adopted for such purposes by the district board of education.

i. The form shall include all information necessary for complete, accurate reporting on the Electronic Violence and Vandalism Reporting System (EVVRS) and verification of the incident detail, including an incident description, and offender and victim information.

(b) The district board of education shall not discharge or subject to any manner of discrimination a school employee who files a report pursuant to this section.

(c) The majority representative of the school employees' bargaining units shall have access monthly to the number and disposition of all reported acts of school violence, including harassment, intimidation, and bullying, and vandalism pursuant to N.J.S.A. 18A:17-46.

Personally identifying information may be provided to the majority representative of the school employees' bargaining units only in instances when school administrators have reason to believe the safety of a school staff member is at risk.

(d) The chief school administrator shall:

Submit to the Commissioner reports of each incident of violence, including harassment, intimidation, and bullying, vandalism, and alcohol and other drug offenses, pursuant to N.J.A.C. 6A:16-4.3, in the school district utilizing the EVVRS.

i. The reports shall be submitted twice each school year, once for all incidents occurring between September 1 and January 1 and once for all incidents occurring between January 1 and June 30, and shall include, at a minimum, all information pursuant to N.J.S.A. 18A:17-46.

ii. Prior to submission, the chief school administrator shall verify the accuracy of the reported information.

iii. The grade regarding the harassment, intimidation, and bullying efforts of each school and each school district shall be posted on the homepage of the school district's website, in accordance with the guidelines promulgated by the Commissioner pursuant to N.J.S.A. 18A:17-46.

Provide for annual training of staff to prepare them to fulfill the reporting requirements set forth in this section.

(e) Twice each school year, once between September 1 and January 1 and once between January 1 and June 30, the chief school administrator shall report to the district board of education at a public hearing all acts of violence, including harassment, intimidation, and bullying, vandalism, and alcohol and other drug offenses that occurred during the previous reporting period, according to the provisions of N.J.S.A. 18A:17-46.

(f) Each district board of education shall adopt and implement procedures regarding a school employee who knowingly falsifies reported information on acts of violence or vandalism or any incident included in the annual report on violence and vandalism required under N.J.S.A. 18A:17-46, including the establishment of grievance procedures of section 8 of N.J.S.A. 34:13A-5.3 and 34:13A-29.

(g) Private schools for the disabled and public-college-operated programs for the disabled shall take action regarding a school employee who knowingly falsifies the reporting of violence, including harassment, intimidation, and bullying, vandalism, and alcohol or other drug abuse required under N.J.S.A. 18A:17-46, which may be in accordance with the provisions set forth in (f) above.

(h) Each district board of education shall submit and implement a corrective action plan for high incidences of violence, vandalism, or alcohol or other drug abuse upon notification by the Commissioner.

History

Amended by R.2003 d.326, effective 8/4/2003.
See: 35 N.J.R. 1503(a), 35 N.J.R. 3610(a).
In (e), substituted "hearing pursuant to N.J.S.A. 18A:17-46" for "meeting"; added (f).
Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote section, added (h) and (i).
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Incident reporting of violence, vandalism and substance abuse". In (a), substituted "alcohol and other drugs" for "substances"; in (a)1i, substituted "are" for "is"; rewrote introductory paragraph of (b); in (b)1, substituted "demographics and incident location" for "demographics, and location of incident"; in (e)1, introductory paragraph of (f) and (i), substituted "alcohol and other drug" for "substance"; in (g)1, deleted "as to" preceding "regarding"; in (g)2iii, substituted "school" for "business"; and in (h), substituted "violence," for "violence and" and inserted "and alcohol or other drug abuse".
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
Added (e)1i; and in (e)2, inserted "and in accordance with N.J.A.C. 6A:16-7.1(a)6".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.

N.J. Admin. Code § 6A:16-5.4 Access to juvenile justice information

Each district board of education shall adopt and implement policies and procedures protecting access to information related to juvenile justice proceedings, pursuant to N.J.S.A. 2A:4A-60.

History

Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Substituted "pursuant" for "according", and deleted "the requirements of" preceding "N.J.S.A.".

N.J. Admin. Code § 6A:16-5.5 Removal of students for firearms offenses

(a) Each district board of education shall adopt and implement policies and procedures regarding student offenses involving firearms, as defined in N.J.S.A. 2C:39-1(f) and 18 U.S.C. § 921, pursuant to the Zero Tolerance for Guns Act, N.J.S.A. 18A:37-7 through 12. The policies and procedures shall apply to a student who is:

Convicted or adjudicated delinquent for possession of a firearm on school grounds;
Convicted or adjudicated delinquent for committing a crime while in possession of a firearm on school grounds; and
Found knowingly in possession of a firearm on school grounds.

(b) Each district board of education shall immediately remove from the school's general education program for a period of not less than one calendar year a student other than a student with a disability, as set forth in (a) above.

The chief school administrator may modify on a case-by-case basis the removal of a general education student.

i. The chief school administrator shall develop and maintain a written record of case-by-case modifications of the removal requirement in this subsection, which shall be made available to the Commissioner upon request.

Nothing in this section shall be construed to prohibit the expulsion of a general education student.

(c) Each district board of education shall immediately remove students with disabilities for offenses involving firearms in accordance with N.J.A.C. 6A:14 and applicable Federal regulations incorporated therein.

(d) The principal or his or her designee shall:

Remove a student as set forth in (a) through (c) above;

Isolate the student and place him or her under the supervision of school staff until the student's parent or a law enforcement official takes custody of the student;
Immediately report to the chief school administrator the removal of the student;
Notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice; and
Notify the student's parent of the following information:

i. The removal action;

ii. The law enforcement notification;

iii. The change of custody, if it occurs; and

iv. A general education student's due process rights, as set forth in N.J.A.C. 6A:16-7.2 through 7.6, or the due process rights of a student with a disability, as set forth in N.J.A.C. 6A:14-2.7 and 2.8 and N.J.A.C. 6A:16-7.2 through 7.5.

(e) A student, other than a student with a disability, removed from the general education program pursuant to this section shall be placed in an alternative education program, according to the requirements of N.J.A.C. 6A:16-9.

If placement in an alternative education program is not available, the general education student shall be provided home or other out-of-school instruction, according to N.J.A.C. 6A:16-10, until placement is available.

(f) A student with a disability removed pursuant to (a) and (c) above shall receive a placement in accordance with N.J.A.C. 6A:14.

(g) A student removed pursuant to (b) above shall be entitled to a hearing before the district board of education in accordance with N.J.A.C. 6A:16-7.3 through 7.5.

(h) If it is found that the removed student did not commit the offenses in (a) and (c) above, the student shall be immediately returned to the program from which he or she was removed.

(i) The chief school administrator shall make the final determination on whether the general education student is prepared to return to the general education program, or will remain in an alternative education program, pursuant to N.J.A.C. 6A:16-9, or receive home or other out-of-school instruction, pursuant to N.J.A.C. 6A:16-10, based on the following criteria:

The nature and severity of the offense;
The district board of education's removal decision;
The results of relevant testing, assessment, or evaluation of the student; and
The recommendation of the principal or director of the alternative education program or home or other out-of-school instruction program in which the student has been placed.

(j) This section shall not apply to a firearm that is lawfully stored in a locked vehicle on school grounds, or when it is for activities approved and authorized by the district board of education, as long as the district board of education adopts appropriate safeguards to ensure student safety.

All students shall obtain written authorization from the chief school administrator to possess a firearm stored inside a locked vehicle on school grounds or used for participation in a school-sponsored function.

i. The chief school administrator shall not provide authorization to a student who has been convicted or adjudicated delinquent for possession of a firearm or for a crime involving the use of a firearm.

(k) Each chief school administrator biannually shall submit to the Commissioner a report on each incident under this section utilizing the Electronic Violence and Vandalism Reporting System, pursuant to N.J.A.C. 6A:16-5.3(d)1.

( l ) Each district board of education shall annually disseminate to all school staff, students, and parents the adopted policies and procedures for implementing this section.

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote the rule heading and the section.
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In introductory paragraph of (b), inserted ", other than a student with a disability,"; in (d)2 and (d)5, inserted "student's"; in (d)2, inserted "a"; in introductory paragraph of (e), substituted ", other than a student with a disability," for "that is"; in (h), substituted "did not commit" for "is not guilty of"; in (i)3, substituted "assessment" for "assessments"; and in ( l), substituted "disseminate" for "make available" and deleted the comma following "students".
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In (b)1i, inserted ", which shall be made available to the Commissioner of Education upon request".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.

N.J. Admin. Code § 6A:16-5.6 Removal of students for assaults with weapons offenses

(a) Each district board of education shall adopt and implement policies and procedures regarding a student who commits an assault, as defined under N.J.S.A. 2C:12-1(a)1, with a weapon, which includes, but is not limited to, items enumerated in N.J.S.A. 2C:39-1(r), except a firearm as defined by N.J.S.A. 2C:39-1(f) and 18 U.S.C. § 921, upon a teacher, administrator, other school board employee, district board of education member, or another student on school grounds, pursuant to N.J.S.A. 18A:37-2.2 through 2.5.

(b) A student as set forth in (a) above, other than a student with a disability, shall be immediately removed from the school's general education program for a period not exceeding one calendar year.

The chief school administrator may modify on a case-by-case basis the removal of a general education student.
Nothing in this section shall be construed to prohibit the expulsion of a general education student.

(c) Each district board of education shall immediately remove students with disabilities for assaults with weapons offenses in accordance with N.J.A.C. 6A:14 and applicable Federal regulations incorporated therein.

(d) The principal or his or her designee shall:

Remove a student as set forth in (a) through (c) above;
Isolate the student and place him or her under the supervision of school staff until the student's parent or a law enforcement official takes custody of the student;
Immediately report to the chief school administrator the removal of the student;
Notify the appropriate law enforcement agency of a possible violation of the New Jersey Code of Criminal Justice; and
Notify the student's parent of the following information:

i. The removal action;

ii. The law enforcement notification;

iii. The change of custody, if it occurs; and

iv. A general education student's due process rights, pursuant to N.J.A.C. 6A:16-7.2 through 7.5 or a student with a disability's due process rights, as set forth in N.J.A.C. 6A:14-2.7 and 2.8 and N.J.A.C. 6A:16-7.2 through 7.5.

(e) A student, other than a student with a disability, removed from the general education program pursuant to (b) above shall be placed in an alternative education program, according to the requirements of N.J.A.C. 6A:16-9.

If placement in an alternative education program is not available, the general education student shall be provided home or other out-of-school instruction, according to N.J.A.C. 6A:16-10, until placement is available.

(f) A student with a disability removed pursuant to (a) and (c) above shall receive a placement in accordance with N.J.A.C. 6A:14.

(g) A student removed pursuant to (b) above shall be entitled to an informal hearing, pursuant to N.J.A.C. 6A:16-7.2 and 7.3, and a hearing before the district board of education pursuant to N.J.A.C. 6A:16-7.3.

(h) If it is found that the removed student did not commit the offense(s), the student shall be immediately returned to the program from which he or she was removed.

(i) The chief school administrator shall make the final determination on whether the general education student is prepared to return to the general education program or will remain in an alternative education program or receive home or other out-of-school instruction based on the following criteria:

The nature and severity of the offense;
The district board of education's removal decision;
The results of relevant testing, assessment or evaluation of the student; and
The recommendation of the principal or director of the alternative education program or home or other out-of-school instruction program in which the student has been placed.

(j) This section does not apply to a student who has obtained the chief school administrator's written authorization to lawfully possess a firearm or other weapon while participating in a school-sponsored function.

The chief school administrator shall not provide authorization to a student who has been convicted or adjudicated delinquent for possession of a firearm or weapon or for a crime involving the use of a firearm.

(k) Each chief school administrator biannually shall submit to the Commissioner a report on each incident and the circumstances surrounding the removal of students pursuant to (b) above utilizing the Electronic Violence and Vandalism Reporting System pursuant to N.J.A.C. 6A:16-5.3(e)1.

( l ) Each district board of education annually shall disseminate to all school staff, students, and parents its adopted policies and procedures for implementing this section.

History

Administrative correction.
See: 33 N.J.R. 3034(b).
Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote the rule heading and the section.
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (d)2, inserted "student's" and "a"; in introductory paragraph of (e), substituted ", other than a student with a disability," for "that is"; in (h), substituted "did not commit" for "is not guilty of"; in (i)3, substituted "assessment" for "assessments"; and in ( l), substituted "disseminate" for "make available" and deleted the comma following "students".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.

N.J. Admin. Code § 6A:16-5.7 Assaults on district board of education members or employees

(a) Each district board of education shall adopt and implement policies and procedures regarding a student who commits an assault, as defined under N.J.S.A. 2C:12-1(a)1, not involving the use of a weapon or firearm, upon a teacher, administrator, other school board employee, or district board of education member acting in the performance of his or her duties and in a situation where his or her authority to act is apparent, or as a result of the victim's relationship to a public education institution, pursuant to N.J.S.A. 18A:37-2.1.

(b) A student, other than a student with a disability, who commits an assault pursuant to (a) above, shall be immediately removed from school consistent with due process procedures, pending a hearing, pursuant to N.J.A.C. 6A:16-7.2 through 7.5.

Nothing in this section shall be construed as prohibiting the expulsion of a general education student.

(c) A student with a disability who commits an assault pursuant to (a) above shall be removed in accordance with N.J.A.C. 6A:14.

(d) The principal or his or her designee shall:

Remove a student as set forth in (a) above;

Isolate the student and place him or her under the supervision of school staff until the student's parent or an appropriate agency takes custody of the student;
Immediately report to the chief school administrator the removal of the student;
Notify the student's parent of the removal action and the student's due process rights; and
Notify the appropriate law enforcement official of a possible violation of the New Jersey Code of Criminal Justice.

(e) The district board of education shall provide due process proceedings for all students in accordance with N.J.A.C. 6A:16-7.2, 7.3, 7.4, and 7.5 and for a student with a disability in accordance with N.J.A.C. 6A:14-2.7 and 2.8.

(f) Each chief school administrator biannually shall submit to the Commissioner a report on each incident and the circumstances surrounding the removal of students, pursuant to (b) above, utilizing the Electronic Violence and Vandalism Reporting System, pursuant to N.J.A.C. 6A:16-5.3(e)1.

(g) Each district board of education shall annually disseminate to all school staff, students and parents the adopted policies and procedures for implementing this section.

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote (b) through (e), recodified (e) as (g), added (f).
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In introductory paragraph of (b), substituted "student, other than a student with a disability," for "general education student"; in (d)2, inserted "student's" and "an"; and in (g), substituted "disseminate" for "make available" and deleted the comma following "students".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.

N.J. Admin. Code § 6A:16-5.8 Reserved

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote (b) and (c); in (e), deleted "," following "students".
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (b), deleted the comma following "administrator"; and in (e), substituted "disseminate" for "make available".
Repealed by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Section was "Remotely activating paging devices".

Subchapter 6 LAW ENFORCEMENT OPERATIONS FOR ALCOHOL, OTHER DRUGS, WEAPONS, AND SAFETY

N.J. Admin. Code § 6A:16-6.1 Adoption of policies and procedures

(a) District boards of education shall adopt and implement policies and procedures to ensure cooperation between school staff and law enforcement authorities in all matters relating to:

The unlawful possession, distribution, and disposition of the following:

i. Controlled dangerous substances, including anabolic steroids, as defined in N.J.S.A. 24:21-2 and N.J.S.A. 2C:35-2;

ii. Drug paraphernalia as defined in N.J.S.A. 2C:36-1;

iii. Alcoholic beverages;

iv. Firearms, as defined in N.J.S.A. 2C:39-1f; and

v. Other deadly weapons, as defined in N.J.S.A. 2C:39-1.r; and

The planning and conduct of law enforcement activities and operations occurring on school grounds, including arrest procedures and undercover school operations.

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote (a).
Amended by R.2014, d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
In the introductory paragraph of (a)1, inserted a comma following "distribution"; in (a)1iv, deleted "subsection f of" following "in"; in (a)1v, substituted "N.J.S.A. 2C:39-1.r" for "N.J.S.A. 2C:391r"; and in (a)2, deleted "including on a school bus or at a school-sponsored function, following grounds,".

N.J. Admin. Code § 6A:16-6.2 Development and implementation of policies and procedures

(a) School district policies and procedures developed pursuant to this subchapter shall be:

Developed, implemented, and revised, as necessary, in consultation with the county prosecutor and other law enforcement officials as may be designated by the county prosecutor;
Reviewed and approved by the executive county superintendent;
Made available annually to all school staff, students and parents;
Consistent with reporting, notification, and examination procedures of students suspected of being under the influence of alcohol and other drugs pursuant to N.J.A.C. 6A:16-4.3; and
Consistent with N.J.A.C. 6A:16-7, as appropriate.

(b) School district policies and procedures shall include the following components:

Designation by the chief school administrator of liaisons to law enforcement agencies and the description of the liaisons' roles and responsibilities;
Specific procedures for and responsibilities of staff in summoning appropriate law enforcement authorities onto school grounds, for the purpose of conducting law enforcement investigations, searches, seizures, or arrests;
Specific procedures and responsibilities of staff for notifying parents in instances of law enforcement interviews involving their children consistent with the following:

i. School officials shall not notify the student's parent(s) in instances of suspected child abuse or neglect;

ii. School officials shall notify the student's parent(s) when the student is the target of the law enforcement investigation; and

iii. In all other instances, school authorities shall permit law enforcement authorities to determine whether or when a student's parent should be contacted;

Specific procedures for and responsibilities of staff in cooperating with arrests made by law enforcement authorities on school grounds;

Specific procedures for and responsibilities of staff in initiating or conducting searches and seizures of students, their property, and their personal effects.

i. All searches and seizures conducted by school staff shall comply with the standards prescribed by the United States Supreme Court in New Jersey v. T.L.O. , 469 U.S. 325 (1985).

ii. Questions concerning searches conducted by school officials shall be directed to the appropriate county prosecutor.

iii. School officials may request that law enforcement authorities assume responsibility for conducting a search or seizure.

iv. No school staff member shall impede a law enforcement officer engaged in a lawful search, seizure, or arrest whether pursuant to a warrant or otherwise.

v. School staff shall permit law enforcement authorities, upon their arrival, to assume responsibility for conducting a search or seizure.

vi. All inspections of lockers, desks, or other objects or personal property on school grounds involving the use of law enforcement drug-detection canines may be undertaken with only the express permission of the county prosecutor or the Director of the Division of Criminal Justice or his or her designee in the New Jersey Department of Law and Public Safety.

vii. Questions concerning the legality of a contemplated or ongoing search, seizure, or arrest conducted by a law enforcement officer on school grounds shall be directed to the county prosecutor or in the case of a search, seizure or arrest undertaken by the Division of Criminal Justice's designee in the New Jersey Department of Law and Public Safety, to the assigned assistant attorney general;

The procedures for and responsibilities of staff, with regard to interviews of students suspected of possessing or distributing a controlled dangerous substance, including anabolic steroids, drug paraphernalia or a firearm or other deadly weapon;
Procedures for planning, approving, and conducting undercover school operations.

i. The chief school administrator and school principal shall cooperate with law enforcement authorities in the planning and conduct of undercover school operations. The chief school administrator shall approve undercover operations without prior notification to the district board of education.

ii. All information concerning requests to undertake an undercover school operation, information supplied by law enforcement authorities to justify the need for and explain a proposed undercover school operation, and all other information concerning an ongoing undercover school operation, including the identity of any undercover officer placed in a school, shall be kept strictly confidential by the chief school administrator and school principal.

iii. The chief school administrator and principal shall not divulge information concerning an undercover school operation to any person without the prior express approval of the county prosecutor or designee.

iv. The chief school administrator, principal, or any other school staff or district board of education member who may have been informed regarding the existence of the undercover school operation shall immediately communicate to the county prosecutor or designee if he or she subsequently learns of information that suggests the undercover officer's true identity has been revealed, the undercover officer's identity or status as a bona fide member of the school community has been questioned, or the integrity of the undercover school operation has been in any other way compromised;

The procedures for and responsibilities of staff concerning the safe and proper handling of a seized controlled dangerous substance, including anabolic steroids, drug paraphernalia, or a firearm or other deadly weapon, and the prompt delivery of the items to appropriate law enforcement authorities in accordance with this subchapter;
The procedures for and responsibilities of staff in notifying authorities of a suspected violation of laws prohibiting the possession, sale or other distribution of a controlled dangerous substance, including anabolic steroids, drug paraphernalia, or a firearm or other deadly weapon;
Provisions for requesting uniformed police attendance at extracurricular school events;
Provisions for notifying parents as soon as possible whenever a student is arrested for violating a law prohibiting the possession, sale or other distribution of a controlled dangerous substance, including anabolic steroids, drug paraphernalia, or a firearm or other deadly weapon;
Provisions for in-service training of school staff concerning policies and procedures established in this subchapter, and the exchange of information regarding the practices of the school district and law enforcement agencies;
A memorandum of agreement with appropriate law enforcement authorities.

i. The memorandum of agreement shall be consistent with the policies and procedures established in this subchapter and shall be consistent with the format and content established by the State Attorney General and the Commissioner.

ii. The memorandum of agreement shall define the reciprocal rights and obligations of students, parents, school staff, and law enforcement officials with respect to the possession, distribution, and disposition of controlled dangerous substances, including anabolic steroids, drug paraphernalia, and firearms and other deadly weapons; with respect to the planning and conduct of law enforcement activities and operations occurring on school grounds, including arrests and undercover school operations; and with respect to the participation of law enforcement officials in alcohol or other drug abuse prevention programs.

iii. Copies of all memoranda of agreements entered into with law enforcement authorities shall be submitted to and approved by the county prosecutor, executive county superintendent of schools, president of the district board of education, chief school administrator, and chief of the police department or station commander.

An annual process for the chief school administrator and appropriate law enforcement officials to discuss the implementation and need for revising the memorandum of agreement, and to review the effectiveness of policies and procedures implemented pursuant to this subchapter.

i. The annual review shall include input from the executive county superintendent, community members, and meeting(s) with the county prosecutor and other law enforcement officials designated by the county prosecutor.

ii. The memorandum of agreement may be revised only to include provisions that are in addition to and do not conflict with the policies and procedures established in this subchapter and that are in addition to and do not conflict with the format and content established by the State Attorney General and the Commissioner;

Provisions for contacting the chief executive officer of the involved law enforcement agency, county prosecutor, and/or Division of Criminal Justice, as necessary, to resolve disputes concerning law enforcement activities occurring on school grounds; and
Provisions for directing inquiries or complaints received by school staff regarding interviews, investigations, arrests, or other operations conducted by sworn law enforcement officers to the appropriate law enforcement agency.

(c) Nothing in the policies and procedures required under this section shall be construed to prohibit school staff from disclosing information, pursuant to N.J.A.C. 6A:32-7.2 and 7.5(f), if necessary to protect the immediate health or safety of a student or other persons.

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote the section.
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (a)1, deleted the comma following "implemented"; in (a)3, deleted "and" at the end; in (a)4, substituted "; and" for a period at the end; added (a)5; in (b)1, deleted "district" preceding "chief"; in introductory paragraph of (b)5, deleted the comma following "property" and inserted "their"; in (b)5iv, deleted the comma following "seizure"; in (b)5v, inserted a comma following "authorities" and "arrival"; in (b)5vi, inserted "his or her"; in (b)5vii, deleted the comma following "seizure"; in (b)7, deleted the comma following "approving"; in (b)7iv, inserted "of education"; in (b)8, deleted the comma following "paraphernalia"; in (b)13ii, deleted commas following "staff" and "operations" and substituted "the participation of law enforcement officials in alcohol or other drug" for "law enforcement's participation in substance"; and added b(15)ii.
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).

N.J. Admin. Code § 6A:16-6.3 Reporting students or staff members to law enforcement authorities

(a) Subject to N.J.A.C. 6A:16-6.5, any staff member who, in the course of his or her employment, has reason to believe that a student or staff member has unlawfully possessed or in any way been involved in the distribution of a controlled dangerous substance, including anabolic steroids, or drug paraphernalia shall report the matter as soon as possible to the principal or, in the absence of the principal, to the staff member responsible at the time of the alleged violation.

Either the principal or the responsible staff member shall notify the chief school administrator, who in turn shall notify as soon as possible the appropriate county prosecutor or other law enforcement official designated by the county prosecutor to receive such information.
The chief school administrator or designee shall provide to the county prosecutor or designee all known information concerning the matter, including the identity of the student or staff member involved.
The chief school administrator or designee, however, shall not disclose the identity of a student or staff member who has voluntarily sought and participated in an appropriate treatment or counseling program for an alcohol or other drug abuse problem, provided the student or staff member is not reasonably believed to be involved or implicated in drug-distribution activities.

i. For the purpose of this section, an admission by a student or staff member in response to questioning initiated by the principal or teaching staff member, or following the discovery by the principal or teaching staff member of a controlled dangerous substance, including anabolic steroids, or drug paraphernalia, shall not constitute a voluntary, self-initiated request for counseling and treatment.

The chief school administrator or designee may disclose to law enforcement authorities the identity of a student suspected to be under the influence of alcohol and/or controlled dangerous substances, pursuant to N.J.A.C. 6A:16-4.3(a), or a student suspected to have used or who may be using anabolic steroids, pursuant to N.J.A.C. 6A:16-4.3(b), and who is referred for a medical examination, pursuant to N.J.A.C. 6A:16-4.3(a) or (b), as appropriate, for the purposes of providing appropriate health care for the student and for determining whether the student is under the influence of alcohol or other drugs or has been using anabolic steroids, provided the student is not reasonably believed to be in possession of a controlled dangerous substance or drug paraphernalia, or to be involved or implicated in drug distribution activities.

Law enforcement authorities shall not be notified of the findings if a student's alcohol or other drug test, pursuant to N.J.A.C. 6A:16-4.3(a)3 i and (b)3i, and (a)4 above, was obtained as a result of the district board of education's voluntary random drug testing policy, pursuant to N.J.S.A. 18A:40A-22 et seq. and N.J.A.C. 6A:16-4.4.

(b) Whenever a school employee develops reason to believe a firearm, as defined in N.J.S.A. 2C:39-1(f) and 18 U.S.C. § 921, or other deadly weapon, whether enumerated in N.J.S.A. 2C:39-1(r), except a firearm as defined by N.J.S.A. 2C:39-1(f) and 18 U.S.C. § 921, has unlawfully been brought onto school grounds or a student or other person is in unlawful possession of a firearm or other deadly weapon on or off school grounds, or a student or other person has committed an offense with or while in possession of a firearm on or off school grounds or during school operating hours, the matter shall be reported as soon as possible to the principal, or in the absence of the principal, to the staff member responsible at the time of the alleged violation.

Either the principal or the responsible staff member shall notify the chief school administrator, who in turn shall notify as soon as possible the county prosecutor or other law enforcement official designated by the county prosecutor to receive such information.
The chief school administrator or designee shall provide to the county prosecutor or designee all known information concerning the matter, including the identity of the student or staff member involved.

(c) The designated school official, as defined in (b)1 above, shall immediately notify the designated law enforcement official whenever a school employee in the course of his or her employment develops reason to believe a student has threatened, is planning or otherwise intends to cause death, serious bodily injury, or significant bodily injury to another person under circumstances in which a reasonable person would believe the student genuinely intends at some time in the future to commit the violent act or carry out the threat.

(d) The designated school official, as defined in (b)1 above, shall immediately notify the designated law enforcement official whenever a school employee in the course of his or her employment develops reason to believe a crime involving sexual penetration or criminal sexual conduct has been committed on school grounds, or by or against a student during school operating hours or during school-related functions or activities.

(e) School employees shall immediately notify the principal and chief school administrator when in the course of their employment they develop reason to believe a bias-related act has been committed or is about to be committed on school grounds, or has been or is about to be committed by a student on or off school grounds, and whether such offense was or is to be committed during operating school hours, or a student enrolled in the school has been or is about to become the victim of a bias-related act on or off school grounds, or during operating school hours.

The designated school official, as defined in (b)1 above, shall promptly notify the local police department and the bias investigation officer for the county prosecutor's office in the instances described in (e) above.
The designated school official, as defined in (b)1 above, shall immediately notify the local police department and the bias investigation officer for the county prosecutor's office where there is reason to believe a bias-related act that involves an act of violence has been or is about to be physically committed against a student, or there is otherwise reason to believe a life has been or will be threatened.

(f) All incidents shall be reported under this section utilizing the Electronic Violence and Vandalism Reporting System, pursuant to N.J.A.C. 6A:16-5.3(e)1, where appropriate.

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote (a), (b), (d), (e); added (f).
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (a)3, substituted "an alcohol or other drug" for "a substance"; in (a)4, substituted "pursuant to N.J.A.C. 6A:16-4.3(a), or a student suspected to have used or who may be using" for "including" and inserted "pursuant to N.J.A.C. 6A:16-4.3(b)," and "as appropriate,"; and in (c), deleted the commas following "planning" and "serious bodily injury".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.

N.J. Admin. Code § 6A:16-6.4 Handling of alcohol or other drugs, firearms, and other items

(a) A school employee who seizes or discovers alcohol, other drug, or an item believed to be a controlled dangerous substance, including anabolic steroids, or drug paraphernalia, shall immediately notify and turn over to the principal or designee the alcohol, other drug, or item.

The principal or designee shall immediately notify the chief school administrator or his or her designee who in turn shall notify the appropriate county prosecutor or other law enforcement official designated by the county prosecutor to receive such information.

The school employee, principal or designee shall safeguard the alcohol, other drug or paraphernalia against further use or destruction and shall secure the alcohol, other drug or paraphernalia until it can be turned over to the county prosecutor or designee.
The principal or designee shall provide to the county prosecutor or his or her designee all information concerning the manner in which the alcohol, other drug, or paraphernalia was discovered or seized, including:

i. The identity of all persons who had custody of the substance or paraphernalia following its discovery or seizure; and

ii. The identity of the student or staff member believed to have been in possession of the substance or paraphernalia.

The principal or designee shall not disclose the identity of a student or staff member who voluntarily and on his or her own initiative turned over the alcohol, other drug or paraphernalia to a school employee, provided there is reason to believe the student or staff member was involved with the alcohol, other drug or paraphernalia for the purpose of personal use and not distribution activities, and further provided the student or staff member agrees to participate in an appropriate treatment or counseling program.

i. For the purposes of this section, an admission by a student or staff member in response to questioning initiated by the principal or teaching staff member, or following the discovery by the principal or teaching staff member of a controlled dangerous substance, including anabolic steroids, or drug paraphernalia shall not constitute a voluntary, self-initiated request for counseling and treatment.

(b) Whenever a school employee seizes or comes upon a firearm or dangerous weapon, school officials shall:

In the case of a firearm, immediately advise the county prosecutor or appropriate law enforcement official, and secure the firearm pending the response by law enforcement to retrieve and take custody of the firearm; and
In the case of a dangerous weapon other than a firearm, immediately advise the county prosecutor or appropriate law enforcement official, and secure the dangerous weapon pending the response by law enforcement to retrieve and take custody of the dangerous weapon.

(c) School employees in custody of a firearm or dangerous weapon shall take reasonable precautions, according to district board of education procedures, to prevent the theft, destruction, or unlawful use of the firearm or dangerous weapon by any person.

History

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Handling of substances, firearms and other items". Substituted "alcohol or other drug" for "substance" throughout.
Amended by R.2007 d.184, effective 6/4/2007.
See: 39 N.J.R. 294(a), 39 N.J.R. 2243(a).
In (b)1, deleted "or weapon" following the second occurrence of "firearm" and "or dangerous weapon" following the third occurrence of "firearm"; and in (b)2, substituted the second occurrence of "dangerous" for "firearm or" and deleted "firearm or" preceding the third occurrence of "dangerous".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Section was "Handling of alcohol or other drugs, firearms and other items". Rewrote the section.

N.J. Admin. Code § 6A:16-6.5 Confidentiality of student or staff member involvement in alcohol or other drug abuse intervention and treatment programs

(a) All information concerning a staff member's involvement in a school intervention or treatment program for alcohol or other drug abuse shall be kept strictly confidential, and all information concerning a student's involvement in a school intervention or treatment program for alcohol or other drug abuse shall be kept strictly confidential according to 42 CFR Part 2, N.J.S.A. 18A:40A-7.1 and 7.2, and N.J.A.C. 6A:16-3.2.

(b) Nothing in this subchapter shall be construed in any way to authorize or require the transmittal of information or records in the possession of an alcohol or other drug abuse counseling or treatment program.

(c) The principal or designee shall not disclose to law enforcement officials or to any person other than a member of the school district's comprehensive alcohol, tobacco, and other drug abuse program that a student or staff member has received or is receiving services through the program. The principal or designee also shall not disclose information, including the student's or staff member's identity or information about illegal activity, when the information was learned in the course of or as a result of services provided through the school district's comprehensive alcohol, tobacco and other drug abuse program.

(d) Nothing in this section shall be construed to preclude the disclosure and reporting of information about illegal activity that was learned by a school employee outside of the school district's comprehensive alcohol, tobacco, and other drug abuse program.

History

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Confidentiality of student or staff member involvement in substance abuse intervention and treatment programs". In (a) and (b), substituted "alcohol or other drug" for "substance"; in (a), substituted "Part 2," for "and" and inserted "and N.J.A.C. 6A:16-3.2"; and in (c) and introductory paragraph of (d), inserted "school" following "local" and ", tobacco" following "alcohol" throughout.
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.

Subchapter 7 STUDENT CONDUCT

N.J. Admin. Code § 6A:16-7.1 Code of student conduct

(a) Each district board of education shall develop, adopt, disseminate, and implement a code of student conduct that establishes standards, policies, and procedures for positive student development and student behavioral expectations on school grounds and, as appropriate, for conduct away from school grounds.

The code of student conduct may be based on parent, student, and community involvement that represents, where possible, the composition of the school district's schools and community.
The district board of education shall establish a process for the annual review and update of the code of student conduct.
The code of student conduct shall be disseminated annually to all school staff, students and parents.
The district board of education shall provide to all district board of education employees annual training on the code of student conduct, including training on the prevention, intervention, and remediation of student conduct that violates the district board of education's code of student conduct.

i. Information on the code of student conduct shall be incorporated into the orientation for new employees.

The district board of education shall provide for the code of student conduct's equitable application.
For students with disabilities subject to individualized education programs (IEPs) in accordance with 20 U.S.C. §§ 1400 et seq., the Individuals with Disabilities Education Act and accommodation plans under 29 U.S.C. §§ 794 and 705(20), the code of student conduct shall be implemented in accordance with the applicable plans.

(b) The code of student conduct shall be established to achieve the following purposes:

Foster the health, safety, and social and emotional well-being of students;
Support the establishment and maintenance of civil, safe, secure, supportive and disciplined school environments conducive to learning;
Promote achievement of high academic standards;
Prevent the occurrence of problem behaviors;
Establish parameters for the intervention and remediation of problem student behaviors at all stages of identification; and
Establish parameters for school responses to violations of the code of student conduct that take into account, at a minimum, the severity of offenses, the developmental ages of student offenders and students' histories of inappropriate behaviors in accordance with N.J.A.C. 6A:16-7.2 through 7.8, as appropriate.

A description of students' responsibilities that includes expectations for academic achievement, behavior and attendance, pursuant to N.J.A.C. 6A:32-8 and 12.1;
A description of behaviors that result in suspension or expulsion, pursuant to N.J.S.A. 18A:37-2;
A description of students' rights to:

i. Advance notice of behaviors that result in suspensions and expulsions that have been identified pursuant to N.J.S.A. 18A:37-2;

ii. Education that supports students' development into productive citizens;

iii. Attendance in safe and secure school environments;

iv. Attendance at school irrespective of students' marriage, pregnancy or parenthood;

v. Due process appeal procedures and policies, pursuant to N.J.A.C. 6A:3-1.3 through 1.17; N.J.A.C. 6A:4; and, where applicable, N.J.A.C. 6A:14-2.7 and 2.8, and N.J.A.C. 6A:16-7.2 through 7.5;

vi. Parent notification consistent with the policies and procedures established pursuant to N.J.A.C. 6A:16-6.2(b)3, this section, and N.J.A.C. 6A:16-7.2 through 7.8; and

vii. Protections pursuant to 20 U.S.C. § 1232g, Family Educational Rights and Privacy Act; 34 CFR 99, Family Educational Rights and Privacy; 20 U.S.C. § 1232h, Protection of Pupil Rights; 34 CFR Part 98, Student Rights in Research, Experimental Programs, and Testing; P.L. 104-191, Health Insurance Portability and Accountability Act; 45 CFR 160, General Administrative Requirements; 20 U.S.C. § 7165, Transfer of school disciplinary records; 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records; N.J.S.A. 18A:40A-7.1, Confidentiality of certain information provided by pupils, exceptions; N.J.A.C. 6A:16-3.2, Confidentiality of student alcohol and other drug information; N.J.S.A. 18A:36-19, Pupil records, creation, maintenance and retention, security and access, regulations, nonliability; N.J.S.A. 2A:4A-60, Disclosure of juvenile information, penalties for disclosure; N.J.A.C. 6A:32-7, Student Records; N.J.A.C. 6A:14-2.9, Student records; as well as other existing Federal and State laws and rules pertaining to student protections;

A description of comprehensive behavioral supports that promote positive student development and the students' abilities to fulfill the behavioral expectations established by the district board of education. The description of comprehensive behavioral supports may include:

i. Positive reinforcement for good conduct and academic success;

ii. Supportive interventions and referral services;

iii. Remediation of problem behavior that takes into account the behavior's nature, the students' developmental ages, and the students' histories of problem behaviors and performance; and

iv. For students with disabilities, the behavior interventions and supports shall be determined and provided pursuant to N.J.A.C. 6A:14;

A description of school responses to violations of behavioral expectations established by the district board of education that, at a minimum, are graded according to the severity of the offenses, and consider the developmental ages of the student offenders and their histories of inappropriate behaviors that shall:

i. Include a continuum of actions designed to remediate and, where necessary or required by law, to impose sanctions;

ii. Be consistent with other responses, pursuant to N.J.A.C. 6A:16-5.5 through 5.7;

iii. Provide for the equitable application of the code of student conduct without regard to race; color; religion; ancestry; national origin; nationality; sex; gender; sexual orientation; gender identity or expression; marital, domestic-partnership, or civil-union; mental, physical, or sensory disability; or any other distinguishing characteristic, pursuant to N.J.S.A. 10:5-1 et seq.; and

iv. Be consistent with the provisions of N.J.S.A. 18A:6-1, Corporal punishment of pupils;

Expectations and consequences consistent with the district board of education's policies and procedures on attendance, pursuant to N.J.A.C. 6A:16-7.6, and harassment, intimidation, and bullying, pursuant to N.J.A.C. 6A:16-7.7; and
A current list of community-based health and social service provider agencies available to support a student and the student's family, as appropriate, and a list of legal resources available to serve the community.

(d) A district board of education may deny participation in extracurricular activities, school functions, sports, graduation exercises or other privileges as disciplinary sanctions when designed to maintain the order and integrity of the school environment.

History

Administrative Change, 47 N.J.R. 2634(a).

N.J. Admin. Code § 6A:16-7.2 Short-term suspensions

(a) In each instance of a short-term suspension, a district board of education shall assure the rights of a student suspended for one, but not more than 10 consecutive school days by providing for the following:

As soon as practical, oral or written notice of charges to the student.

i. When charges are denied, an explanation of the evidence forming the basis of the charges also shall be provided;

Prior to the suspension, an informal hearing during which the student is given the opportunity to present his or her version of events regarding his or her actions leading to the short-term suspension and is provided notice of the school district's actions taken pursuant to N.J.A.C. 6A:16-7.1(c)2 and 5:

i. The informal hearing shall be conducted by a school administrator or his or her designee;

ii. To the extent that a student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the educational process, the student may be immediately removed from the student's educational program and the informal hearing shall be held as soon as practical after the suspension;

iii. The informal hearing shall take place even when a school staff member has witnessed the conduct forming the basis of the charge; and

iv. The informal hearing and the notice given may take place at the same time;

Oral or written notification to the student's parents of the student's removal from his or her educational program prior to the end of the school day on which the school administrator decides to suspend the student. The notification shall include an explanation of:

i. The specific charges;

ii. The facts on which the charges are based;

iii. The provision(s) of the code of student conduct the student is accused of violating;

iv. The student's due process rights, pursuant to N.J.A.C. 6A:16-7.1(c)3 and this section; and

v. The terms and conditions of the suspension.

Appropriate supervision of the student while waiting for the student's parent to remove the student from school during the school day; and
Academic instruction either in school or out of school that addresses the New Jersey Student Learning Standards.

i. The student's academic instruction shall be provided within five school days of the suspension.

ii. At the completion of a short-term suspension, the district board of education shall return a general education student to the general education program from which he or she was suspended.

iii. The academic instruction provided to a student with a disability shall be provided consistent with N.J.A.C. 6A:14.

(b) The suspending principal shall immediately report the suspension to the chief school administrator, who shall report it to the district board of education at its next regular meeting, pursuant to N.J.S.A. 18A:37-4.

(c) An appeal of the district board of education's decision affecting the general education student's educational program shall be made to the Commissioner, in accordance with N.J.S.A. 18A:37-2.4 and N.J.A.C. 6A:3-1.3 through 1.17.

(d) For a student with a disability, the provisions of this section shall be provided in addition to all procedural protections set forth in N.J.A.C. 6A:14.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:16-7.3 Long-term suspensions

(a) In each instance of a long-term suspension, the district board of education shall assure the rights of a student suspended for more than 10 consecutive school days by providing the following:

Notification to the student of the charges prior to his or her removal from school;

Prior to the suspension, an informal hearing during which the student is given the opportunity to present his or her version of events regarding his or her actions leading to the long-term suspension and is provided notice of the school district's actions taken pursuant to N.J.A.C. 6A:16-7.1(c)2 and 5;
Immediate notification to the student's parents of the student's removal from school;
Appropriate supervision of the student while waiting for the student's parents to remove the student from school during the school day;
Written notification to the parents by the chief school administrator or his or her designee within two school days of the initiation of the suspension, stating:

i. The specific charges;

ii. The facts on which the charges are based;

iii. The student's due process rights, pursuant to N.J.A.C. 6A:16-7.1(c)3 and this section; and

iv. Further engagement by the student in conduct warranting expulsion, pursuant to N.J.S.A. 18A:37-2, shall amount to a knowing and voluntary waiver of the student's right to a free public education, in the event that a decision to expel the student is made by the district board of education, pursuant to N.J.S.A. 18A:37-2 and N.J.A.C. 6A:16-7.4.

(1) The district board of education shall request from the parent(s) and student written acknowledgement of the notification provided pursuant to (a)5iv above subsequent to the removal of the student from his or her educational program, pursuant to this section;

A list of witnesses and their statements or affidavits, if any, no later than five days prior to the formal hearing, pursuant to (a)10 below;
For a student with a disability, a manifestation determination, pursuant to N.J.A.C. 6A:14-2.8 and the Federal rules incorporated by reference therein;

Information on the student's right to secure an attorney and legal resources available in the community identified pursuant to N.J.A.C. 6A:16-7.1(c)7;

Either in-or out-of-school educational services that are comparable to those provided in the public schools for students of similar grades and attainments, pursuant to N.J.S.A. 18A:38-25, which may include a public education program provided in accordance with N.J.A.C. 6A:16-9 or 10.

i. The student's educational services shall be provided within five school days of the suspension.

ii. The district board of education shall make decisions regarding the appropriate educational program and support services for the suspended general education student based on the New Jersey Student Learning Standards and the following considerations:

(1) A behavioral assessment or evaluation including, but not limited to, a referral to the child study team, as appropriate;

(2) The results of relevant testing, assessments, or evaluations of the student;

(3) The student's academic, health and behavioral records;

(4) The recommendation of the chief school administrator, principal or other relevant school or community resource;

(5) Considerations of parental input; or

(6) Consultation with the intervention and referral services team, in accordance with N.J.A.C. 6A:16-8.

iii. Educational services provided to a student with a disability shall be provided consistent with N.J.A.C. 6A:14.

A formal hearing before the district board of education that shall, at a minimum:

i. Be conducted by the district board of education or delegated by the board to a board committee, a school administrator, or an impartial hearing officer for the purpose of determining facts or making recommendations.

(1) Before taking final action, the district board of education as a whole shall receive and consider either a transcript or detailed report on the hearing;

ii. Include the opportunity for the student to:

(1) Confront and cross-examine witnesses if there is a question of fact; and

(2) Present his or her own defense, and produce oral testimony or written supporting affidavits;

iii. Take place no later than 30 calendar days following the day the student is suspended from the general education program; and

iv. Result in the district board of education's decision that shall be based, at a minimum, on the preponderance of competent and credible evidence;

A written statement to the student's parents regarding the district board of education's decision within five school days after the close of the hearing. The statement shall include, at a minimum:

i. The charges considered;

ii. A summary of the documentary or testimonial evidence from both the student and the administration that was brought before the district board of education at the hearing;

iii. Factual findings relative to each charge and the district board of education's determination of each charge;

iv. Identification of the educational services to be provided to the student, pursuant to (a)9 above;

v. The terms and conditions of the suspension; and

vi. The right to appeal to the Commissioner the district board of education's decision regarding the student's general education program, in accordance with N.J.S.A. 18A:37-2.4 and N.J.A.C. 6A:3-1.3 through 1.17;

If at any time it is found that the student did not commit the offense, the student shall be immediately returned to the program from which he or she was removed; and
At the completion of a long-term suspension, the district board of education shall return a general education student to the general education program.

(b) An appeal of the district board of education's decision regarding the general education student's program shall be made to the Commissioner, in accordance with N.J.S.A. 18A:37-2.4 and N.J.A.C. 6A:3-1.3 through 1.17.

(c) Suspension of a general education student shall not be continued beyond the district board of education's second regularly scheduled meeting following the suspension, unless the district board of education so determines, pursuant to N.J.S.A. 18A:37-5.

The district board of education shall determine whether to continue the suspension, pursuant to (a) above, based on the following criteria:

i. The nature and severity of the offense;

ii. Its removal decision;

iii. The results of relevant testing, assessments, or evaluations of the student; and

iv. The recommendation of the chief school administrator, after considering input from the principal or director of the alternative education program or home or other in-school or out-of-school instruction program in which the student has been placed.

The district board of education shall develop and adopt policies and procedures providing for action on the continuation of student suspensions in the event of cancellation of the first or second regular board meeting pursuant to N.J.S.A. 18A:37-4 and 5.

(d) When the district board of education votes to continue a general education student's suspension, it shall review the case, in consultation with the chief school administrator, at each subsequent district board of education meeting for the purpose of determining:

The status of the student's suspension;
The appropriateness of the suspended student's current educational program; and
Whether the suspended student's current placement, pursuant to (a)9 above, should continue or whether the student should return to the general education program.

(e) When the district board of education votes to continue a general education student's suspension, it shall make, in consultation with the chief school administrator, the final determination on:

When the student is prepared to return to the general education program;

Whether the student will remain in an alternative education program or receive home or other in- or out-of-school instruction, based on the criteria set forth in (c)1i through iv above; or

Whether to initiate expulsion proceedings in accordance with N.J.S.A. 18A:37-2 and N.J.A.C. 6A:16-7.4.

(f) The district board of education shall provide a general education student suspended under this section with an appropriate educational program or services, based on the criteria set forth under (a)9ii above, until the student graduates from high school or reaches the age of 20, whichever comes first.

The educational program shall be consistent with N.J.A.C. 6A:16-9.2 and 10.2 and 6A:14-2 and 4.3, whichever is applicable; or
The educational services provided, either in- or out-of-school, shall be comparable to those provided in the public schools for students of similar grades and attainments, pursuant to N.J.S.A. 18A:38-25.

(g) For a student with a disability who receives a long-term suspension, the district board of education shall proceed in accordance with N.J.A.C. 6A:14 in determining or changing the student's educational placement to an interim or alternate educational setting.

All procedural protections set forth in N.J.A.C. 6A:14 and this section shall be afforded to a student with a disability who is subjected to a long-term suspension.
All decisions concerning the student's educational program or placement shall be made by the student's individualized education program team.
The provisions of (b) through (f) above shall not apply to students with disabilities.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:16-7.4 Expulsions

(a) A district board of education may expel a general education student from school, pursuant to N.J.S.A. 18A:37-2, only after the district board of education has provided the following:

The procedural due process rights set forth at N.J.A.C. 6A:16-7.1(c)3 and 7.3, subsequent to a long-term suspension, pursuant to N.J.A.C. 6A:16-7.3; and
An appropriate educational program or service, based on the criteria set forth at N.J.A.C. 6A:16-7.3(f).

i. The educational program or service shall be consistent with the provisions of N.J.A.C. 6A:16-9.2 and 10.2 and 6A:14-2 and 4.3, whichever are applicable; or

ii. The educational services provided, either in or out of school, shall be comparable to those provided in the public schools for students of similar grades and attainments, pursuant to N.J.S.A. 18A:38-25.

(b) An appeal of the district board of education's decision regarding the cessation of the student's general education program shall be made to the Commissioner in accordance with N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3-1.3 through 1.17.

A district board of education shall continue to provide an appropriate educational program or service in accordance with (a)2 above until a final determination has been made on the appeal of the district board of education's action to expel a student.

(c) A student with a disability shall only be expelled from his or her current program in accordance with N.J.A.C. 6A:14.

History

Recodified from N.J.A.C. 6A:16-7.5 and amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section. Former N.J.A.C. 6A:16-7.4, Mandated student removals from general education, repealed.

N.J. Admin. Code § 6A:16-7.5 Conduct away from school grounds

(a) School authorities have the right to impose a consequence on a student for conduct away from school grounds that is consistent with the district board of education's code of student conduct, pursuant to N.J.A.C. 6A:16-7.1.

This authority shall be exercised only when it is reasonably necessary for the student's physical or emotional safety, security and well-being or for reasons relating to the safety, security and well-being of other students, staff or school grounds, pursuant to N.J.S.A. 18A:25-2 and 18A:37-2.
This authority shall be exercised only when the conduct that is the subject of the proposed consequence materially and substantially interferes with the requirements of appropriate discipline in the operation of the school.
The consequence pursuant to (a) above shall be handled in accordance with the district board of education's approved code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, and as appropriate, in accordance with N.J.A.C. 6A:16-7.2, 7.3, or 7.4.

(b) School authorities shall respond to harassment, intimidation, or bullying that occurs off school grounds, pursuant to N.J.S.A. 18A:37-14 and 15.3 and N.J.A.C. 6A:16-1.3, 7.1, and 7.7.

History

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (a)1, inserted ", security" two times.
Recodified from N.J.A.C. 6A:16-7.6 and amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
In the introductory paragraph of (a), deleted ", including on a school bus or at a school-sponsored function" following "grounds"; in (a)2, substituted "that" for "which"; in (a)3, substituted "education's" for "education", inserted a comma following "7.3", and substituted "7.4" for "7.5"; and added (b). Former N.J.A.C. 6A:16-7.5, Expulsions, recodified to N.J.A.C. 6A:16-7.4.

N.J. Admin. Code § 6A:16-7.6 Attendance

(a) Each district board of education shall develop, adopt, and implement policies and procedures regarding the attendance of students, pursuant to N.J.S.A. 18A:38-25 through 31 and N.J.A.C. 6A:32-8 and 12.1, at the public schools of the school district or at day schools in which students are provided with equivalent instruction, pursuant to N.J.S.A. 18A:38-25. The policies and procedures shall include, at a minimum:

The expectations and consequences regarding students' timely arrival of students to school and classes;
The expectations and consequences regarding attendance at school and classes;
A definition of unexcused absence that counts toward truancy, for the purpose of this section, that, at a minimum, shall be consistent with the definition of a school day, pursuant to N.J.A.C. 6A:32-8.3;
School staff responses for unexcused absences:

i. For up to four cumulative unexcused absences, the school district shall:

(1) Make a reasonable attempt to notify the student's parents of each unexcused absence prior to the start of the following school day;

(2) Make a reasonable attempt to determine the cause of the unexcused absence, including through contact with the student's parents;

(3) Identify in consultation with the student's parents needed action designed to address patterns of unexcused absences, if any, and to have the child return to school and maintain regular attendance;

(4) Proceed in accordance with N.J.S.A. 9:6-1 et seq. and N.J.A.C. 6A:16-11 if a potential missing or abused child situation is detected; and

(5) Cooperate with law enforcement and other authorities and agencies, as appropriate;

ii. For between five and nine cumulative unexcused absences, the school district shall:

(1) Make a reasonable attempt to notify the student's parents of each unexcused absence prior to the start of the following school day;

(2) Make a reasonable attempt to determine the cause of the unexcused absence, including through contact with the student's parents;

(3) Evaluate the appropriateness of action taken pursuant to (a)4i(3) above;

(4) Develop an action plan to establish outcomes based upon the student's patterns of unexcused absences and to specify the interventions for supporting the student's return to school and regular attendance, which may include any or all of the following:

(A) Refer or consult with the building's intervention and referral services team, pursuant to N.J.A.C. 6A:16-8;

(B) Conduct testing, assessments or evaluations of the student's academic, behavioral and health needs;

(D) Make a referral to or coordinate with a community-based social and health provider agency or other community resource;

(E) Refer to a court or court program pursuant to (a)4iv below;

(F) Proceed in accordance with N.J.S.A. 9:6-1 et seq. and N.J.A.C. 6A:16-10 if a potential missing or abused child situation is detected; and

(G) Engage the student's family.

(5) Cooperate with law enforcement and other authorities and agencies, as appropriate.

iii. For cumulative unexcused absences of 10 or more, a student between the ages of six and 16 is truant, pursuant to N.J.S.A. 18A:38-25, and the school district shall:

(1) Make a determination regarding the need for a court referral for the truancy, per (a)4iv below;

(2) Continue to consult with the parent and the involved agencies to support the student's return to school and regular attendance;

(3) Cooperate with law enforcement and other authorities and agencies, as appropriate; and

(4) Proceed in accordance with N.J.S.A. 18A:38-28 through 31, Article 3B, Compelling Attendance at School, and other applicable State and Federal statutes, as required; and

iv. A court referral may be made as follows:

(1) When unexcused absences are determined by school officials to be violations of the compulsory education law, pursuant to N.J.S.A. 18A:38-25, and the district board of education's policies, in accordance with (a) above, the parent may be referred to municipal court;

(A) A written report of the actions the school has taken regarding the student's attendance shall be forwarded to the municipal court; or

(2) When there is evidence of a juvenile-family crisis, pursuant to N.J.S.A. 2A:4A-22.g, the student may be referred to Superior Court, Chancery Division, Family Part;

(A) A written report of the actions the school has taken regarding the student's attendance shall be forwarded to the juvenile-family crisis intervention unit.

(b) For a student with a disability, the attendance plan and its punitive and remedial procedures shall be applied, where applicable, in accordance with the student's individualized education program, pursuant to 20 U.S.C. §§ 1400 et seq., the Individuals with Disabilities Education Act; the procedural protections set forth in N.J.A.C. 6A:14; accommodation plan under 29 U.S.C. §§ 794 and 705(20); and individualized healthcare plan and individualized emergency healthcare plan, pursuant to N.J.A.C. 6A:16-2.3(b) 3xii.

(c) All receiving schools pursuant to N.J.A.C. 6A:14-7.1(a), shall act in accordance with (a)4i above for each student with up to four cumulative unexcused absences.

For each student attending a receiving school with five or more cumulative unexcused absences, the absences shall be reported to the sending school district.

i. The sending school district shall proceed in accordance with the district board of education policies and procedures pursuant to (a) above and the provisions of (a)4ii through iv and (b) above, as appropriate.

History

Administrative change, 46 N.J.R. 2405(a).

N.J. Admin. Code § 6A:16-7.7 Harassment, intimidation, and bullying

(a) Each district board of education shall develop, adopt, and implement a policy prohibiting harassment, intimidation, or bullying on school grounds, pursuant to N.J.S.A. 18A:37-15.

Each district board of education shall develop the policy in consultation with, at a minimum, parents and other community members, school employees, school volunteers, students, and school administrators.
Each district board of education shall have control over the content of the policy, except that the policy shall contain, at a minimum, the following components:

i. A statement prohibiting harassment, intimidation or bullying of a student;

ii. A definition of harassment, intimidation or bullying no less inclusive than that set forth in the definition at N.J.S.A. 18A:37-14 and N.J.A.C. 6A:16-1.3;

iii. A statement that bullying is unwanted, aggressive behavior that may involve a real or perceived power imbalance;

iv. A description of the type of behavior expected from each student;

v. Appropriate remedial action for a student who commits an act of harassment, intimidation, or bullying that takes into account the nature of the behavior; the nature of the student's disability, if any, and to the extent relevant; the developmental age of the student; and the student's history of problem behaviors and performance. The appropriate remedial action also may include the following:

(1) A behavioral assessment or evaluation including, but not limited to, a referral to the child study team, as appropriate; and

(2) Supportive interventions and referral services, including those at N.J.A.C. 6A:16-8;

vi. Consequences for a student who commits an act of harassment, intimidation, or bullying that are:

(1) Varied and graded according to the nature of the behavior; the nature of the student's disability, if any, and to the extent relevant; the developmental age of the student; and the student's history of problem behaviors and performance; and

(2) Consistent with the provisions of N.J.A.C. 6A:16-7, as appropriate;

vii. Appropriate consequences and remedial action for a staff member who commits an act of harassment, intimidation, or bullying;

viii. A procedure that allows for reporting, verbally and in writing, an act of harassment, intimidation, or bullying committed by an adult or youth against a student. The procedure also shall include a provision that permits a person to report anonymously consistent with N.J.S.A. 18A:37-15 .b(5).

(1) The district board of education shall not take formal disciplinary action based solely on the anonymous report.

(2) The school district official shall take into account the circumstances of the incident when providing notification to parents and guardians of all students involved in the reported harassment, intimidation, or bullying incident and when conveying the nature of the incident, including the actual or perceived protected category motivating the alleged offense;

ix. A procedure for prompt investigation of violation and complaint reports consistent with N.J.S.A. 18A:37-15 .b(6)(a) through (f) and 16.d.

(1) The procedure set forth in the district board of education policy may include a process prior to initiating an investigation by which the principal, or his or her designee, in consultation with the anti-bullying specialist, makes a preliminary determination as to whether a reported incident or complaint, assuming all facts presented are true, is a report within the scope of N.J.S.A. 18A:37-14 .

(A) If a preliminary determination finds the incident or complaint is a report outside the scope of N.J.S.A. 18A:37-14 , the determination may be appealed to the district board of education, pursuant to district board of education policies and procedures governing pupil grievances, and thereafter to the Commissioner in accordance with N.J.A.C. 6A:3 .

(2) The procedure also shall include a process by which the district board of education will investigate a complaint or report of harassment, intimidation, or bullying, pursuant to (a)2ix above, occurring on district board of education school buses, at district board of education school-sponsored functions, and off school grounds involving a student who attends an approved PSSD.

(A) The investigation conducted by the district board of education's anti-bullying specialist shall be in consultation with the approved PSSD.

(3) To protect the victim, the procedure also shall take into account the circumstances of the incident when communicating with parents and when following the provisions of N.J.S.A. 18A:37-15 .

(4) Investigations of complaints concerning adult conduct shall not be investigated by a member of the same bargaining unit as the individual who is the subject of the investigation;

x. A requirement for the principal, in conjunction with the school anti-bullying specialist, to define the range of ways in which a school will respond once an incident of harassment, intimidation, or bullying is identified, consistent with the range of responses adopted by the board of education, pursuant to N.J.S.A. 18A:37-15 .b(7);

(1) The school district official shall take into account the circumstances of the incident when responding and, at a minimum, include support for victims of harassment, intimidation, or bullying and corrective actions for documented systemic problems related to harassment, intimidation, or bullying;

xi. A requirement that within five school days after the results of the harassment, intimidation, or bullying investigation are reported to the district board of education, information about the investigation shall be provided in writing to the parents or guardians of students who are party to a harassment, intimidation, or bullying investigation.

(1) Any request by the parents or guardians for a hearing before the district board of education concerning the written information about a harassment, intimidation, or bullying investigation, pursuant to N.J.S.A. 18A:37-15 .b(6)(d), shall be filed with the district board of education secretary no later than 60 calendar days after the written information is received by the parents or guardians.

(2) The hearing shall be held within 10 business days of receipt of the request.

xii. A statement that prohibits a district board of education member, school employee, student, or volunteer from engaging in reprisal, retaliation, or false accusation against a victim, witness, or any person who reports or has reliable information about an act of harassment, intimidation, or bullying.

(1) The statement shall include the consequence(s) and appropriate remedial action(s) for a person who engages in reprisal or retaliation;

xiii. Consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or harassment, intimidation, or bullying;

xiv. A statement of how the harassment, intimidation, and bullying policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions and on school buses.

(1) Notice of the district board of education's policy shall appear in any publication of the school district that sets forth the code of student conduct, pursuant to N.J.A.C. 6A:16-7.1, for schools within the school district;

xv. A requirement that a link to the harassment, intimidation, and bullying policy be posted prominently on the home page of the school district's and each school's website;

xvi. A requirement that the harassment, intimidation, and bullying policy be distributed annually to all school staff, students, and parents;

xvii. A requirement that the name of the school district's anti-bullying coordinator and his or her school phone number, school address, and school e-mail address be listed on the home page of the school district's website;

xviii. A requirement that the name of the school's anti-bullying specialist and his or her school phone number, school address, and school e-mail address be listed on the home page of the school's website; and

xix. Provisions for appropriate responses to harassment, intimidation, or bullying, as defined in N.J.S.A. 18A:37-14 and N.J.A.C. 6A:16-1.3, that occurs off school grounds in cases in which a school employee is made aware of the actions or a school administrator should have known of an incident of harassment, intimidation, or bullying.

(1) Responses to harassment, intimidation, or bullying that occurs off school grounds shall be consistent with N.J.A.C. 6A:16-7.1 and 7.5 and this section.

(b) A district board of education shall not be prohibited from adopting a harassment, intimidation, and bullying policy that includes components more stringent than components set forth in N.J.S.A. 18A:37-15 and (a) above.

(c) A district board of education member, school employee, contracted service provider, student, or volunteer who has witnessed an incident of harassment, intimidation, or bullying, 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 district board of education's policy, pursuant to N.J.S.A. 18A:37-15 and (a)2viii above, or to any school administrator or safe schools resource officer, who shall immediately initiate the school district's procedures concerning harassment, intimidation, and bullying.

A district board of education member or school employee who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the district board of education's policy, or to any school administrator or safe schools resource officer, and who makes the report in compliance with the district board of education's policy, is immune from a cause of action for damages arising from a failure to remedy the reported incident, as set forth in N.J.S.A. 18A:37-16.c.

(d) A school administrator who receives a report of harassment, intimidation, or bullying, or who determines a reported incident or complaint, assuming all facts presented are true, is a report within the scope of N.J.S.A. 18A:37-14 , pursuant to (a)2ix(1) above, 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.

(e) The district board of education shall:

Annually examine the training needs of school employees and volunteers who have significant contact with students for the effective implementation of the harassment, intimidation, or bullying policies, procedures, programs, and initiatives of the district board of education and implement training programs for school employees and volunteers who have significant contact with students, consistent with N.J.S.A. 18A:37-17.b.

i. The annual examination of training needs shall take into consideration the findings of the annual review and update of the code of student conduct, pursuant to N.J.A.C. 6A:16-7.1(a) 2.

ii. Information regarding the district board of education's policy against harassment, intimidation, and bullying shall be incorporated into the school district's employee training program.

(1) The program shall be provided to full- and part-time staff, volunteers who have significant contact with students and persons contracted by the school district to provide services to students;

Develop a process for annually discussing with students the school district's harassment, intimidation, and bullying policy;

Annually conduct a re-evaluation, reassessment, and review of its harassment, intimidation, and bullying policy, and any report(s) and/or finding(s) of the school safety/school climate team(s). The district board of education also shall make any necessary revision(s) to its policy, consistent with N.J.S.A. 18A:37-15 .c.

i. The programs or other responses shall be planned in consultation with, at a minimum, parents and other community members, school employees, law enforcement, school volunteers, students, and school administrators;

Annually establish, implement, document, and assess bullying prevention programs or approaches and other initiatives designed to create schoolwide conditions to prevent or intervene in harassment, intimidation, and bullying in schools of the school district.

i. Programs, approaches, and initiatives shall be planned in consultation with, at a minimum, parents and other community members, school employees, law enforcement, school volunteers, students, and school administrators; and

Submit to the executive county superintendent a copy of its approved harassment, intimidation, and bullying policy within 30 days of its adoption or revision.

(f) The principal of each school in the school district shall appoint a school anti-bullying specialist to perform the functions established in N.J.S.A. 18A:37-20.a and c.

(g) The chief school administrator of the school district shall appoint a district anti-bullying coordinator to perform the functions established in N.J.S.A. 18A:37-20.b and c.

(h) The district board of education shall form a school safety/school climate team in each school in the school district to achieve the purposes and perform the functions established in N.J.S.A. 18A:37-21.

Pursuant to N.J.S.A. 18A:37-21.b, the school safety/school climate team shall consist of the principal or his or her designee and the following members appointed by the principal: a teacher in the school, the school anti-bullying specialist, a parent of a student in the school, and other members determined by the principal. The team shall be chaired by the school anti-bullying specialist.

i. A parent shall be on the school safety/school climate team only in regard to general school climate issues and shall not participate in activities that may compromise a student's confidentiality, pursuant to N.J.S.A. 18A:37-21 .e.

ii. Other members of the school safety/school climate team who are not authorized to access student records pursuant to N.J.A.C. 6A:32-7.5 shall be on the team only in regard to general school climate issues and shall not participate in activities that may compromise a student's confidentiality.

(i) The requirements of this section are promulgated pursuant to N.J.S.A. 18A:37-13 through 32 and shall not be interpreted to prevent a victim of harassment, intimidation, or bullying from seeking redress under any other available civil or criminal law.

History

Amended by 50 N.J.R. 155(b), effective 1/2/2018

N.J. Admin. Code § 6A:16-7.8 Harassment, intimidation, and bullying in approved private schools for students with disabilities (PSSDs)

(a) Each approved private school for students with disabilities (PSSD) shall develop, adopt, and implement a policy prohibiting harassment, intimidation, or bullying on school grounds.

Each approved PSSD shall develop the policy to include approved PSSD school grounds, pursuant to N.J.A.C. 6A:16-1.3;

i. The policy shall include a provision for notifying the appropriate sending district board(s) of education personnel of the students involved when the approved PSSD receives a complaint or report of an act of harassment, intimidation, or bullying occurring on a sending district board of education school bus, at a sending district board of education school-sponsored function and off school grounds;

Each approved PSSD shall develop the policy in consultation with, at a minimum, parents and other community members, school employees, school administrators, and, as appropriate, school volunteers and students;
Each approved PSSD shall have control over the content of the policy, except that it shall contain, at a minimum, the following components:

i. A statement prohibiting harassment, intimidation, or bullying of a student;

ii. A definition of harassment, intimidation, or bullying as set forth in the definition at N.J.A.C. 6A:16-1.3 , except for incidents occurring on a sending district board of education bus, at a sending district board of education school-sponsored function, and off school grounds;

iii. A statement that bullying is unwanted, aggressive behavior that may involve a real or perceived power imbalance;

iv. A description of the type of behavior expected from all students;

v. Appropriate remedial action for a student who commits an act of harassment, intimidation, or bullying that takes into account the nature of the behavior, the nature of the student's disability, the developmental age of the student, and the student's history of problem behaviors and performance, and that may include the following:

(1) A behavioral assessment or evaluation, including, but not limited to, a referral to the individualized education program team of the sending district board of education, as appropriate; and

(2) Supportive interventions and referral services, including those at N.J.A.C. 6A:16-8;

vi. Consequences for a student who commits an act of harassment, intimidation, or bullying that are:

(1) Varied and graded according to the nature of the behavior, the nature of the student's disability to the extent relevant, the developmental age of the student, and the student's history of problem behaviors and performance; and

(2) Consistent with the provisions of this subchapter, as appropriate, and N.J.A.C. 6A:14-7.6(f);

vii. Appropriate consequences and remedial action for a staff member who commits an act of harassment, intimidation, or bullying;

viii. A procedure that allows for reporting, verbally and in writing, an act of harassment, intimidation, or bullying committed by an adult or youth against a student. The procedure shall also include a provision that permits a person to report anonymously.

(1) The approved PSSD shall not take formal disciplinary action based solely on the anonymous report;

(2) The full-time non-teaching principal shall take into account the circumstances of the incident when providing notification to parents and guardians of all students involved in the reported harassment, intimidation, or bullying incident and when conveying the nature of the incident, including the actual or perceived category motivating the alleged offense; and

(3) Disciplinary action shall be consistent with the provisions of N.J.A.C. 6A:14-7.6(f);

ix. A procedure for prompt investigation of violation and complaint reports.

(1) The full-time non-teaching principal, pursuant to N.J.A.C. 6A:14-7.6(d), or his or her designee, shall initiate the investigation within one school day of the initial report of the incident. The school anti-bullying specialist shall conduct the investigation and the full-time non-teaching 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. If information relevant to the investigation is anticipated but not yet received by the end of the 10-school-day period, the school anti-bullying specialist may amend the initial report of the investigation results to reflect the information.

(2) The anti-bullying specialist shall report the investigation results to the full-time non-teaching principal within two school days of the investigation's completion.

(3) The full-time non-teaching principal may provide intervention services; establish training programs to reduce harassment, intimidation, or bullying and to enhance school climate; and, in consultation and conjunction with the sending district board of education pursuant to N.J.A.C. 6A:14-7.6(f), impose discipline, order counseling as a result of the investigation findings, or take or recommend other appropriate action.

(4) The full-time non-teaching principal shall report to the appropriate sending district board(s) of education personnel of the students who are parties to the harassment, intimidation, or bullying investigation the results of each investigation no later than five school days following the investigation's completion, along with information on any service(s) provided; training established; and, pursuant to N.J.A.C. 6A:14-7.6(f), discipline imposed or other action taken or recommended by the full-time non-teaching principal.

(5) In accordance with Federal and State law and regulation, the full-time non-teaching principal shall provide parents or guardians of students who are parties to the harassment, intimidation, or bullying investigation with information about the investigation, including the nature of the investigation, the findings, and whether discipline was imposed or services were provided, as appropriate, to address the incident of harassment, intimidation, or bullying. The full-time non-teaching principal shall provide the information in writing within five school days following the investigation's completion.

(6) To protect the victim, the procedure also shall take into account the circumstances of the incident when communicating with parents.

(7) A full-time non-teaching principal who receives a report of harassment, intimidation, or bullying, or who determines a reported incident or complaint, assuming all facts presented are true, is a report of an act of harassment, intimidation, or bullying, pursuant to (a)3ix(8) below, and fails to initiate or conduct an investigation, or who has reason to believe an incident of harassment, intimidation, or bullying occurred and fails to take sufficient action to minimize or eliminate the harassment, intimidation, or bullying, may be subject to disciplinary action.

(8) The procedure set forth in the approved PSSD policy may include a process prior to initiating an investigation by which the full-time non-teaching principal, or his or her designee, in consultation with the anti-bullying specialist, makes a preliminary determination as to whether a reported incident or complaint, assuming all facts presented are true, is a report of an act of harassment, intimidation, or bullying, pursuant to (a)3ii above.

(A) If a preliminary determination finds the incident or complaint is a report outside the scope of the harassment, intimidation, or bullying definition set forth at (a)3ii above, the determination may be appealed to the sending district board of education pursuant to district board of education policies and procedures governing pupil grievances, and thereafter to the Commissioner in accordance with N.J.A.C. 6A:3 .

(9) The procedure shall also include a process by which the approved PSSD reports to the appropriate district board of education personnel any complaint or report of harassment, intimidation, or bullying, pursuant to N.J.A.C. 6A:16-7.7(a) 2ix, occurring on district board of education school buses, at district board of education school-sponsored functions, and off school grounds involving a student who attends an approved PSSD.

(A) When a complaint or report of harassment, intimidation, or bullying involves students from more than one school district, the sending district board(s) of education of the victim(s) involved shall initiate the investigation.

x. A requirement for the full-time non-teaching principal and school anti-bullying specialist to define the range of ways in which a school will respond once an incident of harassment, intimidation, or bullying is identified, including an appropriate combination of counseling, support services, intervention services, and other programs.

(1) The school district official shall ensure all responses take into account the circumstances of the incident when responding and, at a minimum, shall include support for a victim of harassment, intimidation, or bullying and corrective actions, pursuant to N.J.A.C. 6A:14-7.6 , for documented systemic problems related to harassment, intimidation, or bullying;

(2) Once an incident of harassment, intimidation, or bullying is identified, the full-time non-teaching principal shall determine the appropriate response to address the individual circumstances in consultation and conjunction with appropriate sending district board of education personnel, pursuant to N.J.A.C. 6A:14-7.6(f), as necessary;

xi. A requirement that allows the parents or guardians of students who are parties to a harassment, intimidation, or bullying investigation to request a hearing before the sending district board of education concerning the information received about a investigation, pursuant to (a)3ix(5) above.

(1) Any request for a hearing before the sending district board of education shall be filed within 60 calendar days after the written information about the harassment, intimidation, or bullying investigation, pursuant to (a)3ix(4) and (5) above, is received by the sending district board of education and the parents or guardians.

(2) The hearing before the sending district board of education shall be scheduled in collaboration with the PSSD and held by the sending district board of education within 10 business days of the request. The approved PSSD and the sending district board of education shall coordinate the policies and procedures for conducting such hearings;

xii. A statement that prohibits an approved PSSD's employee, student, or volunteer from engaging in reprisal, retaliation, or false accusation against a victim, witness, or any person who reports or has reliable information about an act of harassment, intimidation, or bullying.

(1) The statement shall include the consequence(s) and appropriate remedial action(s) for a person who engages in reprisal or retaliation;

xiii. Consequences and appropriate remedial action identified in consultation and conjunction with the sending district board of education and pursuant to N.J.A.C. 6A:14-7.6(f) for a student found to have falsely accused another as a means of retaliation or harassment, intimidation, or bullying;

xiv. A statement that a parent, student, guardian, or organization may file a complaint with the New Jersey 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 (N.J.S.A. 10:5-1 et seq.);

xv. A statement of how the harassment, intimidation, and bullying policy is to be publicized, including notice that the policy applies to participation in approved PSSD-sponsored functions and on school buses operated by the approved PSSD.

(1) Notice of the approved PSSD's policy shall appear in any publication of the approved PSSD that sets forth the code of student conduct, pursuant to N.J.A.C. 6A:16-7.1;

xvi. A requirement that a link to the harassment, intimidation, and bullying policy be posted prominently on the home page of the approved PSSD's website;

xvii. A requirement that the harassment, intimidation, and bullying policy be distributed annually to all school staff, students, and parents; and

(b) An approved PSSD employee, contracted service provider, student, or volunteer who has witnessed an incident of harassment, intimidation, or bullying, or has reliable information that a student has been subject to harassment, intimidation, or bullying, shall report the incident to the full-time non-teaching principal, pursuant to (a)3viii above, or to any school administrator or safe schools resource officer, who shall immediately initiate the approved PSSD's procedures concerning harassment, intimidation, and bullying.

Annually examine the training needs of school employees and volunteers who have significant contact with students for the effective implementation of the harassment, intimidation, or bullying policies, procedures, programs, and initiatives and implement training programs for school employees and volunteers who have significant contact with students.

i. The annual examination of training needs shall take into consideration the findings of the annual review and update of the code of student conduct, pursuant to N.J.A.C. 6A:16-7.1(a) 2.

ii. Information regarding the approved PSSD's policy against harassment, intimidation, or bullying shall be incorporated into its training program.

(1) The program shall be provided to full- and part-time staff, volunteers who have significant contact with students, and persons contracted by the approved PSSD to provide services to students;

Develop a process for annually discussing with students the approved PSSD's harassment, intimidation, and bullying policy;
Annually conduct a re-evaluation, reassessment, and review of its harassment, intimidation, and bullying policy, and any report(s) and/or finding(s) of the school safety/school climate team(s). The approved PSSD also shall make any necessary revision(s) to its policy, consistent with N.J.A.C. 6A:14-7.3(a), to strengthen the policy to prevent, identify, and address harassment, intimidation, and bullying of students.

i. The programs or other responses shall be planned in consultation with, at a minimum, parents and other community members, school employees, law enforcement, school administrators, and, as appropriate, school volunteers and students;

Annually establish, implement, document, and assess bullying-prevention programs or approaches and other initiatives designed to create schoolwide conditions to prevent or intervene in harassment, intimidation, and bullying in the approved PSSD.

i. Programs, approaches, and initiatives shall be planned in consultation with, at a minimum, parents and other community members, school employees, law enforcement, school administrators, and, as appropriate, school volunteers and students; and

Submit to the executive county superintendent a copy of its harassment, intimidation, and bullying policy in the 2018-2019 school year or within 30 days of revision.

(d) The full-time non-teaching principal shall appoint a school anti-bullying specialist from currently employed school staff to act as the primary school official responsible for preventing, identifying, and addressing incidents of harassment, intimidation, and bullying in the school and the functions identified pursuant to (a)3ix, ix(1), and x above.

(e) The approved PSSD shall form a school safety/school climate team to develop, foster, and maintain a positive school climate by focusing on the on-going systemic processes and practices in the school and to address school climate issues, such as harassment, intimidation, or bullying and perform the following functions:

Meet two times per school year;
Receive any complaint(s) of harassment, intimidation, or bullying of students that has been reported to the full-time non-teaching principal;
Receive copies of any report prepared after an investigation of an incident of harassment, intimidation, or bullying;
Identify and address patterns of harassment, intimidation, or bullying of students in the school;
Review and strengthen school climate and school policies to prevent and address harassment, intimidation, or bullying of students;
Educate the school community, including students, teachers, administrative staff, and parents, to prevent and address harassment, intimidation, or bullying of students; and
Execute other duties related to harassment, intimidation, and bullying as requested by the full-time non-teaching principal;

(f) The school safety/school climate team shall consist of the full-time non-teaching principal, or his or her designee, and the following members appointed by the full-time non-teaching principal: a teacher in the school, the school anti-bullying specialist, a parent of a student in the school, and other members determined by the principal. The team shall be chaired by the school anti-bullying specialist.

A parent shall be on the school safety/school climate team only in regard to general school climate issues and shall not participate in activities that may compromise a student's confidentiality.
Other members of the school safety/school climate team who are not authorized to access student records pursuant to N.J.A.C. 6A:32-7.5 shall be on the team only in regard to general school climate issues and shall not participate in activities that may compromise a student's confidentiality.
The approved PSSD shall provide school safety/school climate team members with development opportunities that address effective practices of successful school climate programs or approaches.

(g) The section's requirements shall not be interpreted to prevent a victim of harassment, intimidation, or bullying from seeking redress under any applicable civil or criminal law.

History

Adopted by 50 N.J.R. 155(b), effective 1/2/2018

N.J. Admin. Code § 6A:16-7.9 Student records and confidentiality

(a) When a student transfers to a public school district from another public school district, all information in the student's record related to disciplinary actions taken against the student by the school district and any information the school district has obtained pursuant to N.J.S.A. 2A:4A-60, Disclosure of juvenile information; penalties for disclosure, shall be provided to the receiving public school district in accordance with N.J.S.A. 18A:36-19a and N.J.A.C. 6A:32-7.5.

The record shall be provided within two weeks of the date the student enrolls in the receiving school district.
Written consent of the parent or adult student shall not be required as a condition of the record transfer.

i. Written notice of the transfer shall be provided to the parent or the adult student.

(b) When a student transfers to a private school, which includes all sectarian or nonsectarian nonprofit institutional day or residential schools that provide education for students placed by their parents and that are controlled by other than public authority, all student disciplinary records with respect to suspensions or expulsions shall be provided by the public school district of residence to the private school upon written request from the private school, in the same manner the records would be provided to a public school district, pursuant to 20 U.S.C. § 6301, Title IV(A)IV § 4155 of the Elementary and Secondary Education Act.

(d) All records maintained pursuant to this subchapter shall conform with the requirements set forth at 20 U.S.C. § 1232g, Family Educational Rights and Privacy Act; 34 CFR Part 99, Family Educational Rights and Privacy; 20 U.S.C. § 1232h, Protection of Pupil Rights; 34 CFR Part 98, Student Rights in Research, Experimental Programs, and Testing; P.L. 104-191, Health Insurance Portability and Accountability Act; 45 CFR Part 160, General Administrative Requirements; 20 U.S.C. § 7165, Transfer of school disciplinary records; 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records; N.J.S.A. 18A:40A-7.1, Confidentiality of certain information provided by pupils, exceptions; N.J.A.C. 6A:16-3.2, Confidentiality of student alcohol and other drug information; N.J.S.A. 18A:36-19, Pupil records, creation, maintenance and retention, security and access, regulations, nonliability; N.J.S.A. 2A:4A-60, Disclosure of juvenile information, penalties for disclosure; N.J.A.C. 6A:32-7, Student Records; N.J.A.C. 6A:14-2.9, Student records; as well as other existing Federal and State laws and rules pertaining to student records and confidentiality.

History

Recodified from N.J.A.C. 6A:16-7.8 by 50 N.J.R. 155(b), effective 1/2/2018

N.J. Admin. Code § 6A:16-7.10 Reserved

History

Recodified to N.J.A.C. 6A:16-7.8 by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Section was "Student records and confidentiality".

Subchapter 8 INTERVENTION AND REFERRAL SERVICES

N.J. Admin. Code § 6A:16-8.1 Establishment of intervention and referral services

(a) District boards of education shall establish and implement in each school building in which general education students are served a coordinated system for planning and delivering intervention and referral services designed to assist students who are experiencing learning, behavior, or health difficulties, and to assist staff who have difficulties in addressing students' learning, behavior, or health needs. District boards of education shall choose the appropriate multidisciplinary team approach for planning and delivering the services required under this subchapter.

The intervention and referral services shall be provided to aid students in the general education program; and

The intervention and referral services may be provided for students who have been determined to need special education programs and services.

i. The intervention and referral services provided for students determined to need special education programs and services shall be coordinated with the student's individualized education program team, as appropriate.

Child study team members and, to the extent appropriate, specialists in the area of disability may participate on intervention and referral services teams, pursuant to N.J.A.C. 6A:14-3.1(d)6.

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
In (a), inserted "in which general education students are served" following "school building".
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (a), deleted comma following second occurrence of "behavior"; and in (a)2i, substituted "who have been determined to be in need of special education programs and services" for "with learning disabilities".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.

N.J. Admin. Code § 6A:16-8.2 Functions of intervention and referral services

(a) The functions of the system of intervention and referral services in each school building shall be to:

Identify learning, behavior and health difficulties of students;
Collect information on the identified learning, behavior, and health difficulties;
Develop and implement action plans that provide for appropriate school or community interventions or referrals to school and community resources, based on the collected data and desired outcomes for the identified learning, behavior, and health difficulties;
Provide support, guidance and professional development to school staff who identify learning, behavior and health difficulties;
Provide support, guidance and professional development to school staff who participate in each building's system for planning and providing intervention and referral services;
Actively involve parents or guardians in the development and implementation of intervention and referral services action plans;
Coordinate the access to and delivery of school resources and services for achieving outcomes identified in intervention and referral services action plans;
Coordinate the services of community-based social and health provider agencies and other community resources for achieving outcomes identified in intervention and referral services action plans;
Maintain records of all requests for assistance and all intervention and referral services action plans and all related student information, according to the requirements of 20 U.S.C. § 1232g, Family Educational Rights and Privacy Act; 34 CFR Part 99, Family Educational Rights and Privacy; 20 U.S.C. § 1232h, Protection of Pupil Rights; 34 CFR Part 98, Student Rights in Research, Experimental Programs, and Testing; P.L. 104-191, Health Insurance Portability and Accountability Act; 45 CFR Part 160, General Administrative Requirements; 20 U.S.C. § 7165, Transfer of school disciplinary records; 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records; N.J.S.A. 18A:40A-7.1, Confidentiality of certain information provided by pupils, exceptions; N.J.A.C. 6A:16-3.2, Confidentiality of student alcohol and other drug information; N.J.S.A. 18A:36-19, Pupil records, creation, maintenance and retention, security and access, regulations, nonliability; N.J.S.A. 2A:4A-60, Disclosure of juvenile information, penalties for disclosure; N.J.A.C. 6A:32-7, Student Records; N.J.A.C. 6A:14-2.9, Student records; as well as other existing Federal and State laws and rules pertaining to student records and confidentiality.
Review and assess the effectiveness of each intervention and referral services action plan in achieving the identified outcomes, and modify each action plan to achieve the outcomes, as appropriate; and
At a minimum, annually review intervention and referral services action plans and the actions taken as a result of the building's system of intervention and referral services, and make recommendations to the principal for improving school programs and services, as appropriate.

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
Rewrote (a)9.
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In (a)1 through (a)4, deleted comma following "behavior"; in (a)4 and (a)5, deleted comma following "guidance"; and in (a)9, substituted "N.J.A.C. 6A:32-7, Student Records" for "N.J.S.A. 6:3-6, Pupil Records".
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.

N.J. Admin. Code § 6A:16-8.3 Reserved

History

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
In introductory paragraph of (a), inserted "written"; in (a)1, inserted "coordinated"; and in (a)2, inserted "school".
Repealed by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Section was "School staff and community member roles for planning and implementing intervention and referral services".

Subchapter 9 ALTERNATIVE EDUCATION PROGRAMS

N.J. Admin. Code § 6A:16-9.1 Establishment of alternative education programs

(a) Each district board of education choosing to operate an alternative education program, pursuant to N.J.A.C. 6A:16-1.3, shall approve the alternative education program.

(b) Any alternative education program, pursuant to N.J.A.C. 6A:16-1.3, within a State agency, public college operated program or department-approved school shall be approved by the Commissioner of Education.

The agency, pursuant to (b) above, shall submit an initial or renewal application, as appropriate, to the designated county office of education, in accordance with the format prescribed by the Commissioner of Education.
Each alternative education program established by an agency, pursuant to (b) above, shall be separate and distinct from the already existing programs operated by these agencies.
Annually, each agency, pursuant to (b) above, operating an alternative education program, pursuant to N.J.A.C. 6A:16-1.3, shall obtain certificates of fire inspection and, if applicable, health, sewerage plant and health, ventilation, and air conditioning (HVAC) inspections.

i. These certificates shall be maintained and available upon request for review by the Department of Education.

History

Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Program approval". Rewrote the section.

N.J. Admin. Code § 6A:16-9.2 Program criteria

(a) Each alternative education program, pursuant to N.J.A.C. 6A:16-1.3, shall fulfill the following program criteria for both high school and middle school programs, unless otherwise noted:

A maximum student-teacher ratio of 12:1 for high school programs shall be maintained;
A maximum student-teacher ratio of 10:1 for middle school programs shall be maintained;
An Individualized Program Plan (IPP) shall be developed for each general education student enrolled in the program.

i. The IPP shall be developed by the school district in which the student is enrolled, in consultation with the student's parent and the receiving school district, pursuant to N.J.A.C. 6A:16-9.1(a), or other agency, pursuant to N.J.A.C. 6A:16-9.1(b), as appropriate.

ii. The IPP shall be developed by a multidisciplinary team of professionals with knowledge of the student's educational, behavioral, emotional, social and health needs.

iii. The IPP shall identify the appropriate instructional and support services for addressing the student's identified needs.

iv. The IPP shall be developed in accordance with the format prescribed by the Commissioner of Education and implemented within 30 calendar days of the student's placement in the alternative education program.

(1) The IPP may, but need not, be developed prior to the student's placement.

v. A multidisciplinary team shall review and, as appropriate, revise the IPP prior to the completion of the student's anticipated enrollment in the alternative education program or prior to the end of the school year, whichever occurs first.

(1) The multidisciplinary team shall review and revise the IPP, as needed, at any time during the student's enrollment in the alternative education program.

(2) The multidisciplinary team that reviews the IPP shall include staff from the sending school and the alternative education program who have knowledge of the student's educational, behavioral, emotional, social and health needs.

(3) The student's parent shall be advised of revisions to the IPP.

For a student with a disability, the alternative education program shall be consistent with the student's Individualized Education Program (IEP), pursuant to N.J.A.C. 6A:14, Special Education.
Individualized instruction to students shall address the New Jersey Student Learning Standards, pursuant to N.J.A.C. 6A:8-3.1;
Instructional staff shall be appropriately certified, pursuant to N.J.A.C. 6A:9-3.3;
Compliance with attendance policies, pursuant to N.J.A.C. 6A:16-7.8 and 6A:32-8.3, shall be required;
Academic instruction sufficient to fulfill graduation requirements, pursuant to N.J.A.C. 6A:8-5.1, shall be provided to high school students;
Comprehensive support services and programs shall address each student's health, social and emotional development and behavior;
Case management services including, but not limited to, monitoring and evaluating student progress and coordinating instructional and support services, pursuant to (a)5, 8, and 9 above, shall be provided;
Services to facilitate the transition of students returning to the general or special education program shall be provided; and
A minimum student enrollment period of not less than two complete marking periods shall be required.

i. If the student is enrolled with less than two complete marking periods remaining prior to the end of the school year, the decision regarding continued placement in the alternative education program shall be made in accordance with N.J.A.C. 6A:16-9.3(a).

ii. If the student is removed from the general education program and placed in an alternative education program as a result of a firearm or assault with a weapon offense, the chief school administrator may modify the term of removal or placement on a case-by-case basis, pursuant to N.J.A.C. 6A:16-5.5(b)1 and 5.6(b)1.

iii. For the student with a disability, the enrollment period shall be determined by appropriate school personnel in accordance with the provisions of N.J.A.C. 6A:14, Special Education, and the Individuals with Disabilities Education Act of 2004, 20 U.S.C. §§ 1400 et seq.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:16-9.3 Student placements

(a) Student placement in an alternative education program, pursuant to N.J.A.C. 6A:16-1.3 and 9.1(a) and (b), shall be made as follows:

For the general education student, the district board of education shall make a determination of the student's risk for school failure and a decision regarding the student's placement in an alternative education program, at a minimum, based on the following:

i. The review of the student's academic, health and behavioral records, including the student's IPP, if one has been developed in accordance with N.J.A.C. 6A:16-9.2(a)3 i through v, and the results of available testing, assessment or evaluation of the student;

ii. Consultation with and notice to the student's parent; and

iii. Information provided by the school-based multidisciplinary team responsible to provide intervention and referral services, pursuant to N.J.A.C. 6A:16-8, or other multidisciplinary team, as appropriate.

Decisions regarding the placement of the student with a disability in an alternative education program, pursuant to N.J.A.C. 6A:16-9.1(a) and (b), shall be based on the recommendation of appropriate personnel in accordance with N.J.A.C. 6A:14.

The district board of education shall provide mandatory placement for a student in an alternative education program for removal due to a firearms offense, pursuant to N.J.A.C. 6A:16-5.5 or an assault with weapons offense, pursuant to N.J.A.C. 6A:16-5.6.

i. If placement in an alternative education program, pursuant to N.J.A.C. 6A:16-9.1(a) or (b), is not available in the instance of a mandatory student placement, the student shall be provided home or out-of-school instruction, pursuant to N.J.A.C. 6A:16-10, until placement in an alternative education program is available.

ii. For the student with a disability, placement in an alternative education program for a firearm offense or an assault with a weapon offense shall occur only upon a determination by appropriate school personnel to place the student in accordance with the provisions of N.J.A.C. 6A:14, Special Education Programs and the Individuals with Disabilities Act of 2004, 20 U.S.C. §§ 1400 et seq.

(b) If a district board of education places a student in an alternative education program approved by another district board of education, pursuant to N.J.A.C. 6A:16-9.1(a)1, or another approved agency, pursuant to N.J.A.C. 6A:16-9.1(b), the district board of education of the sending school district shall be responsible for ensuring compliance with the requirements of this subchapter.

(c) Decisions regarding continued placement in an alternative education program or a change to a student's placement shall be made as follows:

For the general education student returning to the general education program, the continued placement decision shall be made in accordance with N.J.A.C. 6A:16-9.2(a)11, as appropriate, and (a)1 above.
For a student with disabilities, the continued placement decision shall be made in accordance with N.J.A.C. 6A:16-9.2(a)11, as appropriate, (a)2 above, and N.J.A.C. 6A:14, Special Education.

History

Amended by R.2005 d.297, effective 9/6/2005.
See: 37 N.J.R. 1570(a), 37 N.J.R. 3295(b).
In (b), updated N.J.A.C. cite.
Amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Mandatory student placements". Rewrote the section.

Subchapter 10 HOME OR OUT-OF-SCHOOL INSTRUCTION

N.J. Admin. Code § 6A:16-10.1 Home or out-of-school instruction due to a temporary or chronic health condition

(a) The district board of education shall provide instructional services to an enrolled student, whether a general education student in kindergarten through grade 12 or special education student age three to 21, when the student is confined to the home or another out-of-school setting due to a temporary or chronic health condition or a need for treatment that precludes participation in their usual education setting, whether general education or special education.

To request home instruction due to a temporary or chronic health condition, the parent shall submit to the school district a request that includes a written determination from the student's physician documenting the projected need for confinement at the student's residence or other treatment setting for more than 10 consecutive school days or 20 cumulative school days during the school year.

i. The school district shall forward the written determination to the school physician, who shall verify the need for home instruction. The school physician may contact the student's physician to secure additional information concerning the student's diagnosis or need for treatment, and shall either verify the need for home instruction or shall provide to the district board of education reasons for denial.

The school district shall notify the parent concerning the school physician's verification or reasons for denial within five school days after receipt of the written determination by the student's physician.
The school district shall provide instructional services within five school days after receipt of the school physician's verification or, if verification is made prior to the student's confinement, during the first week of the student's confinement to the home or out-of-school setting.

(b) The school district shall be responsible for the costs of providing instruction in the home or out-of-school setting either directly, through online services, including any needed equipment, or through contract with another district board of education, educational services commission, jointure commission, or approved clinic or agency for the following categories of students:

A student who resides within the area served by the district board of education and is enrolled in a public school program; or
A student who is enrolled in a nonpublic school that is located within the area served by the district board of education pursuant to N.J.S.A. 18A:46A-1 et seq.

The school district shall establish a written plan for delivery of instruction to continue the student's academic progress and to maintain a record of delivery of instructional services and student progress.
The teacher providing instruction shall be a certified teacher.
The teacher shall provide instruction for the number of days and length of time sufficient to continue the student's academic progress and dependent upon the student's ability to participate.
For a student with disabilities, the home instruction shall be consistent with the student's individualized education plan (IEP) to the extent appropriate and shall meet the New Jersey Student Learning Standards. When the provision of home instruction will exceed 30 consecutive school days in a school year, the IEP team shall convene a meeting to review and, if appropriate, revise the student's IEP.
For a student without disability, the home instruction shall meet the New Jersey Student Learning Standards, and the requirements of the district board of education for promotion to the next grade level. When the provision of home instruction will exceed 60 calendar days, the school physician shall refer the student to the child study team for evaluation, pursuant to N.J.A.C. 6A:14 .

(d) During all periods of instruction delivered in a student's home, the student's parent or other adult who has been designated by the parent shall be present.

History

Amended by 47 N.J.R. 2492(b), effective 10/5/2015

N.J. Admin. Code § 6A:16-10.2 Home or out-of-school instruction for a general education student for reasons other than a temporary or chronic health condition

(a) The district board of education shall provide instructional services to an enrolled general education student at the student's home or other suitable out-of-school setting under the following conditions:

The student is mandated by State law and rule for placement in an alternative education program, but placement is not immediately available;

The student is placed on short- or long-term suspension from participation in the general education program; or
A court order requires the student to receive instructional services in the home or other out-of-school setting.

(b) The school district shall provide services no later than five school days after the student has left the general education program.

(c) The school district in which a student resides shall be responsible for the costs of providing instruction in the home or out-of-school setting either directly, or through online services, including any needed equipment, or through contract with another board of education, educational services commission, jointure commission, or approved clinic or agency.

(d) The services shall meet the following minimum standards:

The school district shall establish a written plan for delivery of instruction and maintain a record of instructional services and student progress.
The teacher providing instruction shall be a certified teacher.
The teacher shall provide one-on-one instruction for no fewer than 10 hours per week on three separate days of the week and no fewer than 10 hours per week of additional guided-learning experiences that may include the use of technology to provide audio and visual connections to the student's classroom.
The instruction shall meet the New Jersey Student Learning Standards and the district board of education's requirements for promotion and graduation.

(e) During all periods of instruction delivered in the student's home, the student's parent or other adult who has been designated by the parent shall be present.

History

Amended by 47 N.J.R. 2492(b), effective 10/5/2015

Subchapter 11 REPORTING POTENTIALLY MISSING, ABUSED, OR NEGLECTED CHILDREN AND ATTEMPTED OR COMPLETED SUICIDE

N.J. Admin. Code § 6A:16-11.1 Adoption of policies and procedures

(a) The district board of education shall develop and adopt policies and procedures for school district employees, volunteers, or interns to provide for the early detection of missing, abused, or neglected children through notification of, reporting to, and cooperation with appropriate law enforcement and child welfare authorities pursuant to N.J.S.A. N.J.S.A. 18A:36-25 and 25.2, N.J.S.A. 9:6-8.10 , and N.J.A.C. 6A:22-4.1(d). At a minimum, the policies and procedures shall include:

A statement indicating the importance of early detection of missing, abused or neglected children;

Provisions requiring school district employees, volunteers, or interns to immediately notify designated child welfare authorities of incidents of alleged missing, abused, and neglected children.

i. The person having reason to believe that a child may be missing or may have been abused or neglected may inform the principal or other designated school official(s) prior to notifying designated child welfare authorities if the action will not delay immediate notification.

ii. The person notifying designated child welfare authorities shall inform the principal or other designated school official(s) of the notification, if such had not occurred prior to the notification;

(1) Notice to the principal or other designated school official(s) need not be given when the person believes the notice would likely endanger the reporter or student involved or when the person believes the disclosure would likely result in retaliation against the student or in discrimination against the reporter with respect to his or her employment;

Provisions requiring the principal or other designated school official(s) to notify designated law enforcement authorities of incidents of potentially missing, abused, or neglected child situations.

i. The school district shall identify the school district official(s) and his or her designees responsible for reporting to the designated law enforcement authorities.

ii. The school district policies and procedures shall be consistent with the memorandum of agreement between education and law enforcement authorities pursuant to N.J.A.C. 6A:16-6.2(b)13.

iii. Law enforcement authorities shall be notified about all reports by employees, volunteers, or interns working in the school district made pursuant to (a)2 above;

(1) The notification to designated law enforcement authorities on behalf of a student attending a receiving school shall be made to the law enforcement authorities identified in the receiving school's memorandum of agreement as required by N.J.A.C. 6A:16-6.2(b)13;

Under no condition shall the school district's policy require confirmation by another person to report the suspected missing-, abused-, or neglected-child situation;
Provisions for school district cooperation with designated child welfare and law enforcement authorities in all investigations of potential missing, abused, or neglected children including the following:

i. Accommodations permitting the child welfare and law enforcement investigators to interview the student in the presence of the school principal or other designated school official.

(1) If the student is intimidated by the presence of the school representative, the student shall be requested to name an employee, volunteer, or intern working in the school district whom he or she feels will be supportive and who will be allowed to accompany the student during the interview;

ii. Scheduling interviews with an employee, volunteer, or intern working in the school district who may have information relevant to the investigation;

iii. The release of all records of the student who is the subject of the investigation that are deemed relevant to the assessment or treatment of a potentially missing, abused, or neglected child pursuant to N.J.S.A. 18A:36-19and N.J.S.A. 9:6-8.40 and allowable under the Family Education Rights and Privacy Act (FERPA), 34 CFR Part 99;

iv. The maintenance, security, and release of all confidential information about potential missing, abused, or neglected child situations in accordance with N.J.S.A. 18A:36-19, N.J.S.A. 9:6-8.40, and N.J.A.C. 6A:32-7;

(1) All information regarding allegations of potentially missing, abused, or neglected children reported to authorities about an employee, volunteer, or intern working in the school district shall be considered confidential and may be disclosed only as required to cooperate in investigations pursuant to (a)2 and 3 above or by virtue of a court order.

(A) Records pertaining to such information shall be maintained in a secure location separate from other employee personnel records and accessible only to the school district chief school administrator or his or her designee;

v. The release of the student to child welfare authorities while school is in session when it is necessary to protect the student or take the student to a service provider.

(1) Removal shall take place only after the principal or his or her designee has been provided, either in advance or at the time removal is sought, with appropriate documentation that the child welfare authority has already removed, or has appropriate authority to remove, the student from his or her home, as specified in N.J.S.A. 9:6-8.27 through 8.30; and

vi. The transfer to another school of a student who has been removed from his or her home by designated child welfare authorities for proper care and protection pursuant to N.J.S.A. 9:6-8.28 and 8.29;

A provision for the establishment of a school district liaison to designated child welfare authorities to act as the primary contact person between schools in the school district and child welfare authorities with regard to general information sharing, the development of mutual training and other cooperative efforts;
A provision for designating a school district liaison to law enforcement authorities to act as the primary contact person between schools in the school district and law enforcement authorities, pursuant to N.J.A.C. 6A:16-6.2(b)1, consistent with the memorandum of understanding, pursuant to N.J.A.C. 6A:16-6.2(b)13.

i. The designation of the school district liaison shall be consistent with the policies and procedures established by the district board of education for ensuring cooperation between school and law enforcement officials, pursuant to N.J.A.C. 6A:16-6.2(b)1;

Provisions for training employees, volunteers, and interns working in the school district on the school district's policies and procedures for reporting allegations of missing-, abused-, or neglected-child situations.

i. All new employees, volunteers and interns working in the school district shall receive the required information and training as part of their orientation;

Provisions regarding due process rights of an employee, volunteer, or intern working in the school district who has been named as a suspect in a notification to child welfare and law enforcement authorities regarding a missing-, abused-, or neglected-child situation.

i. Temporary reassignment or suspension of an employee, volunteer, or intern working in a school district named as a suspect pursuant to (a)2 above shall occur only if there is reason to believe that the life or health of the alleged victim or other student is in jeopardy due to continued contact between the school employee, volunteer, or intern and the student.

ii. All references to a notification to the designated child welfare authorities of a potential missing-, abused-, or neglected-child situation involving a school district employee shall be removed from the employee's personnel records immediately following the receipt of an official notice from child welfare authorities that the allegation was unfounded pursuant to N.J.S.A. 18A:6-7a; and

A statement that prohibits reprisal or retaliation against any person who, in good faith, reports or causes a report to be made of a potential missing-, abused-, or neglected-child situation pursuant to N.J.S.A. 9:6-8.13.

(b) The district board of education shall develop and adopt policies and procedures for school district employees, volunteers, or interns with reasonable cause to suspect or believe that a student has attempted or completed suicide, to report the information to the Department of Human Services, Division of Mental Health and Addiction Services, in a form and manner prescribed by the Division of Mental Health and Addiction Services pursuant to N.J.S.A. 30:9A-24.a.

History

Administrative change, 46 N.J.R. 2405(b).

Chapter 17 EDUCATION FOR HOMELESS CHILDREN AND YOUTHS AND STUDENTS IN STATE FACILITIES AND EDUCATIONAL STABILITY FOR CHILDREN IN RESOURCE FAMILY CARE

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:17-1.1 Purpose

This chapter is adopted to ensure homeless children and youths, and students placed in State facilities, and children in resource family care are provided a thorough and efficient education. This chapter establishes uniform Statewide policies and procedures to ensure the enrollment of homeless children and youths and to respond to appeals made by parents or other parties related to the enrollment of homeless children and youths. The chapter also identifies general program requirements related to the operation, administration, and approval of educational programs in State facilities. The chapter further establishes policies and procedures to ensure the educational stability of children in resource family care.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-1.2 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Best interest determination" means the school placement decision made by DCP&P based on the factors considered, as set forth at N.J.S.A. 30:4C-26b.

"Career and technical education" or "CTE" means as defined in N.J.A.C. 6A:19-1.2.

"DCP&P" means the Division of Child Protection and Permanency, which is a division in the New Jersey Department of Children and Families (DCF) that is responsible for the placement of children in resource family care, pursuant to N.J.S.A. 30:4C-26b.

"Educational Stability School District Notification" means the notification provided by DCP&P to the school district, pursuant to N.J.S.A. 30:4C-26b.h.

"Enroll" or "enrollment" means attending classes and participating fully in school activities.

"Homeless child" means a child or youth who lacks a fixed, regular, and adequate residence, pursuant to N.J.S.A. 18A:7B-12 and N.J.A.C. 6A:17-2.2.

"Immediate" or "immediately" means at the instant the need for placement is made known.

"Parent" means the natural or adoptive parent, legal guardian, resource family care parent, surrogate parent, or person acting in the place of a parent, such as the person with whom the child legally resides or a person legally responsible for the child's welfare.

"Point of contact" means the employee identified in each school district who facilitates all activities needed to ensure enrollment and attendance of children in resource family care.

"Resource family care" means 24-hour substitute care for children placed away from their parent(s) and for whom DCP&P has placement and care responsibility. The term is synonymous with "foster care" as defined in the Federal Elementary and Secondary Education Act (ESEA), as reauthorized by the Every Student Succeeds Act (ESSA), and includes "resource family home" found elsewhere in the New Jersey Administrative Code and in the New Jersey Statutes Annotated.

"School district liaison for the education of homeless children and youths" means the person identified in each school district who facilitates all activities needed to ensure the enrollment and attendance of homeless children and youths.

"School district of residence" for a homeless child or youth means the school district in which the parent of a homeless child or youth resided prior to becoming homeless. It may not be the school district in which the student currently resides. This term is synonymous with "school district of origin" referenced in the McKinney-Vento Homeless Education Assistance Act. "School district of residence" for a student in a State facility means the school district in which the parent with whom the student lived prior to placement in a State facility currently resides, pursuant to N.J.S.A. 18A:7B-12.b. In the case of a child placed in resource family care prior to September 9, 2010, in accordance with P.L. 2010, c. 69, the "school district of residence" means the school district in which the resource family care parent(s) resides. In the case of a child placed in resource family care on or after September 9, 2010, in accordance with P.L. 2010, c. 69, the "school district of residence" means the present school district of residence of the parent(s) with whom the child lived prior to the most recent placement in resource family care.

"School of origin" for a child in resource family care means the school district in which a child was enrolled prior to a change in the child's care, custody, or guardianship. If a child's resource family care placement changes, the school of origin would then be considered the school district in which the child is enrolled at the time of the placement change.

"State agency" means the New Jersey Department of Human Services, the New Jersey Department of Corrections, the New Jersey Department of Children and Families, or the New Jersey Juvenile Justice Commission.

"State facility" means residential and day programs operated by, contracted with, or specified by the New Jersey Department of Human Services, the New Jersey Department of Corrections, the New Jersey Department of Children and Families, or the New Jersey Juvenile Justice Commission.

"Transitional living facility" means a temporary facility that provides housing to a child due to domestic violence, pursuant to N.J.S.A. 18A:7B-12.1.

"Unaccompanied youth" means a youth not in the physical custody of a parent at the time of enrollment.

History

Adopted by 46 N.J.R. 2033(b), effective 10/6/2014.

Subchapter 2 EDUCATION OF HOMELESS CHILDREN AND YOUTHS

N.J. Admin. Code § 6A:17-2.1 Scope

This subchapter shall apply to district boards of education providing general education services to students in preschool through grade 12 and special education services to students ages three through 21. Nothing in this subchapter shall limit the educational rights of homeless children and youths or school district responsibilities under Subtitle VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. §§ 11431 et seq.).

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-2.2 Determination of homeless status

(a) The district board of education for the school district of residence shall determine that a child or youth is homeless for purposes of this subchapter when the child or youth resides in any of the following:

1.A publicly or privately operated shelter designed to provide temporary living accommodations, including:

i. Hotels or motels;

ii. Congregate shelters, including domestic violence and runaway shelters;

iii. Transitional housing; and

iv. Homes for adolescent mothers;

A public or private place not designated for, or ordinarily used as, a regular sleeping accommodation, including:

i. Cars or other vehicles, including mobile homes;

ii. Tents or other temporary shelters;

iii. Parks;

iv. Abandoned buildings;

v. Bus or train stations; or

vi. (No change in text.)

The residence of relatives or friends where the homeless child or youth resides out of necessity because the child's or youth's family lacks a regular or permanent residence of its own; or
Substandard housing.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-2.3 Responsibilities of the school district of residence

(a) The school district of residence for a homeless child or youth shall be responsible for the education of the child and shall:

Determine the school district in which the child shall be enrolled after consulting with the parent pursuant to N.J.A.C. 6A:17-2.5;

Pay the cost of tuition pursuant to N.J.S.A. 18A:38-19 when the child attends school in another school district; and

Provide for transportation for the child pursuant to N.J.A.C. 6A:27-6.2.

(b) The determination of a homeless child's or youth's school district of residence shall be made by the chief school administrator of the school district of residence, or the chief school administrator's designee, pursuant to N.J.A.C. 6A:17-2.4 based upon information received from the parent, a shelter provider, another school district, or an involved agency.

(c) The district identified in accordance with N.J.S.A. 18A:7B-12 as the school district of residence for a homeless child or youth shall be the school district of residence until the parent establishes a permanent residence. Financial responsibility will remain with the homeless child's school district of residence until the family is deemed domiciled in another jurisdiction, pursuant to N.J.S.A. 18A:38-1.d.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-2.4 Designation of school district liaisons and their responsibilities

(a) The chief school administrator of each school district shall identify a school district liaison for the education of homeless children and youths. The school district liaison shall:

Facilitate communication and cooperation between the school district of residence and the school district where the homeless child or youth resides;

Develop procedures to ensure a homeless child or youth residing in the school district is enrolled and attending school pursuant to N.J.A.C. 6A:17-2.5;

Ensure homeless families, children, and youth receive educational services for which they are eligible, including Head Start programs, preschool programs administered by the district board of education, and referrals to health care, dental, mental health, and other appropriate services;
Inform parents of homeless children and youths of the educational and related opportunities available to their children and ensure that parents are provided with meaningful opportunities to participate in the education of their children;
Ensure that public notice of the educational rights of homeless children and youths is disseminated where such children receive services, such as schools, family shelters, and soup kitchens;

Ensure enrollment disputes are resolved pursuant to N.J.A.C. 6A:17-2.7;

Ensure the parent of a homeless child or youth, or any unaccompanied youth, is fully informed of all transportation services, including transportation to the school district of residence, and is assisted in accessing transportation to the school selected pursuant to N.J.A.C. 6A:17-2.5;
Assist the parent to obtain the homeless child or youth's medical records or required immunizations; and
Assist an unaccompanied youth to ensure the youth is enrolled in, and is receiving, all services pursuant to this section.

(b) When a homeless child or youth resides in a school district, the school district liaison shall notify the liaison of the school district of residence within 24 hours of receiving notification from the parent, a shelter director, or an involved agency.

(c) Upon notification of the need for enrollment of a homeless child or youth, the liaison in the school district of residence shall coordinate enrollment procedures immediately based upon the best interest of the child, pursuant to N.J.A.C. 6A:17-2.5(b).

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-2.5 School district enrollment

(a) The chief school administrator of the school district of residence, or the chief school administrator's designee, shall decide in which school district the homeless child or youth shall be enrolled as follows:

Enroll the homeless child or youth in the school district of residence to the extent feasible, except when doing so is contrary to the wishes of the homeless child's or youth's parent;
Continue the homeless child's or youth's education in the school district of last attendance if it is not the school district of residence; or
Enroll the homeless child in the school district where the child resides.

(b) The chief school administrator of the school district of residence, or the chief school administrator's designee, shall decide the school district of enrollment of a homeless child or youth based on what is determined to be in the best interest of the child or youth after considering:

The enrollment of the homeless child or youth in the school district of residence to the extent feasible, except when doing so is contrary to the wishes of the child's or youth's parent;
The continuity of the child's educational program;
The eligibility of the child for special instructional programs, including, but not limited to, bilingual, gifted and talented, special education, early childhood, and career and technical education programs; and
The distance, travel time, and safety factors in coordinating transportation services from the residence to the school.

(c) The chief school administrator of the school district of residence, or the chief school administrator's designee, shall determine the child's or youth's school district of enrollment immediately after consultation with the parent. The school district of residence shall adhere to the following procedures:

Enrollment decisions shall be made immediately upon notification of the need for enrollment. When the decision is made, the child or youth shall be enrolled immediately. If a dispute arises regarding enrollment of a homeless child or youth, the homeless child or youth shall be immediately enrolled in the school district in which enrollment is sought by the parent, pending resolution of the dispute pursuant to N.J.A.C. 6A:17-2.7.
Consultation with the parent regarding the enrollment decision and the right to appeal that decision shall be documented in writing.
A decision to enroll a homeless child or youth in a school district other than the school district of residence or the school district requested by the parent shall be explained in writing and provided to the parent.

(d) When a decision is made to enroll the child or youth in a school district other than the school district of residence, the chief school administrator of the school district of residence, or the chief school administrator's designee, shall forward to the new school district all relevant school and health records, consistent with the provisions at N.J.A.C. 6A:32-7.

(e) When a homeless child or youth with a disability is enrolled in a school district other than the school district of residence, the school district of enrollment shall treat the student as a transfer student pursuant to N.J.A.C. 6A:14, Special Education.

(f) When the school district of residence for a homeless child or youth cannot be determined, the chief school administrator of the school district in which the child or youth currently resides, or the chief school administrator's designee, shall enroll the child immediately in the school district of the current residence or the school district of last attendance.

(g) The school district selected pursuant to this subchapter shall immediately enroll the homeless child or youth, even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.

(h) Enrollment in the school district of residence; enrollment in the school district of last attendance, if not the school district of residence; or enrollment in the school district where the child or youth resides shall continue for the duration of homelessness, including when a family becomes homeless between academic years, and also for the remainder of the academic year if the homeless child or youth becomes permanently housed during the academic year.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-2.6 Parental rights

Unless parental rights have been terminated by a court of competent jurisdiction, the parent retains all rights under this subchapter.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-2.7 Disputes and appeals

(a) When a dispute occurs regarding the determination of homelessness or the determination of the school district of enrollment made by the school district of residence, the chief school administrator(s), or the chief school administrator's designee(s), of the involved school district(s) or the child's or youth's parent(s) shall immediately notify the executive county superintendent. In consultation with the Department's McKinney-Vento Homeless Education Coordinator, or the coordinator's designee, the executive county superintendent shall immediately decide the child's or youth's status. If a dispute remains between the parent and the involved school district(s) following the executive county superintendent's determination, the parent or the involved district board(s) of education may appeal to the Commissioner for determination pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

(b) When a school district designated as the school district of residence disputes its designation as the school district of residence, or where no designation can be agreed upon by the involved school districts, the chief school administrator(s), or the chief school administrator's designee(s), of the involved school districts shall immediately notify the executive county superintendent. The executive county superintendent shall make a determination immediately, if possible, but no later than within 48 hours and, when necessary, in consultation with the Department's Homeless Education Coordinator, or the Coordinator's designee.

If the dispute regarding determination of the school district of residence does not involve the determination of homelessness and/or school district of enrollment, the school district disputing the executive county superintendent's determination may appeal to the Department pursuant to N.J.A.C. 6A:23A-19.2(d), (e), and (f), and request a determination from the Division of Finance.
If an appeal of a determination of the school district of residence also includes an appeal of the determination of homelessness and/or school district of enrollment, the appeal shall be submitted to the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

(c) Any dispute or appeal shall not delay the homeless child's or youth's immediate enrollment or continued enrollment in the school district. The homeless child or youth shall be enrolled in the school district in which enrollment or continued enrollment is sought by the parent, pending resolution of the dispute or appeal.

(d) Disputes and appeals involving the services provided to a homeless child or youth with a disability shall be made pursuant to N.J.A.C. 6A:14.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-2.8 Tuition

(a) When the homeless child or youth is enrolled in a school district other than the school district of residence, the school district of residence shall pay to the school district of enrollment the tuition costs pursuant to N.J.S.A. 18A:38-19 until the parent establishes a permanent residence or is deemed domiciled in another jurisdiction pursuant to N.J.S.A. 18A:38-1.d. At that time, the school district of residence or the school district in which the parent has been deemed domiciled shall pay tuition to the school district of enrollment.

(b) The school district of residence shall list the child on its annual Application for State School Aid (ASSA) pursuant to N.J.S.A. 18A:7F-33 until the parent establishes a permanent residence or is deemed domiciled in another jurisdiction pursuant to N.J.S.A. 18A:38-1.d. At that time, the school district of residence or the school district in which the parent has been deemed domiciled shall list the student on its ASSA.

(c) The State shall assume fiscal responsibility for the tuition of the child or youth pursuant to N.J.S.A. 18A:7B-12.1 and shall pay the tuition to the school district in which the child or youth is currently enrolled until the parent establishes a permanent residence or is deemed domiciled in another jurisdiction pursuant to N.J.S.A. 18A:38-1.d, under the following circumstances:

If the school district of residence cannot be determined for the homeless child or youth;
If the school district of residence is outside of the State; or
If a child or youth resides in a domestic violence shelter, homeless shelter, or transitional living facility located in a school district other than the school district of residence for more than a year during the placement, pursuant to P.L. 2012, c. 80 (N.J.S.A. 18A:7B-12.d and 12.1).

(d) When the State assumes fiscal responsibility for the tuition of a homeless child or youth under the circumstances at (c) above, the State shall pay to the school district in which the child or youth is enrolled the weighted base per pupil amount calculated pursuant to N.J.S.A. 18A:7F-49 and the appropriate security and special education categorical aids per pupil pursuant to N.J.S.A. 18A:7F-55 and 56.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-2.9 Tuition

(a) When the homeless child is enrolled in a school district other than the school district of origin, the school district of origin shall pay the costs of tuition for the child to that school district pursuant to N.J.S.A. 18A:38-19 and N.J.A.C. 6A:23-3.1.

(b) The school district of origin shall list the child on its annual Application for State School Aid (ASSA) pursuant to N.J.S.A. 18A:7F-33 for as long as the parent remains homeless and the child is enrolled in another school district.

(c) If the school district of origin cannot be determined for a homeless child or if the school district of origin is outside of the State, the State shall assume fiscal responsibility for the tuition of the child pursuant to N.J.S.A. 18A:7B-12(d). The State shall pay the tuition to the school district in which the child is currently enrolled for as long as the child and his or her parent remain homeless.

When the State assumes fiscal responsibility for the tuition of a homeless child, the State shall pay to the school district in which the child is enrolled the appropriate T & E amount, pursuant to N.J.S.A. 18A:7F-3, and any appropriate additional cost factor for special education, pursuant to N.J.S.A. 18A:7F-19.

History

Recodified to N.J.A.C. 6A:17-2.8 by R.2014 d.153, effective 10/6/2014.
See: 46 N.J.R. 729(a), 46 N.J.R. 2033(b).
Section was "Tuition".

Subchapter 3 EDUCATIONAL PROGRAMS FOR STUDENTS IN STATE FACILITIES

N.J. Admin. Code § 6A:17-3.1 Scope

This subchapter shall apply to all educational programs provided by the Department of Corrections, the Department of Children and Families, and the Juvenile Justice Commission in accordance with N.J.S.A. 18A:7B-1 et seq. Educational programs and services shall be provided to students in State facilities ages five through 20 and for students with disabilities ages three through 21 who do not hold a high school diploma.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-3.2 Educational program objectives and requirements

(a) Each State agency shall develop educational programs to complement the agency's primary mission and provide educational opportunities that meet the identified needs of students in each State facility. The programs shall be delivered, in accordance with N.J.A.C. 6A:8-5.1, through traditional strategies or a variety of individualized learning opportunities, which allow high school credit to be granted through alternative learning experiences, in accordance with program completion authorized at N.J.A.C. 6A:8-5.1(a)2.

Upon a student's placement in the State facility, the State agency shall:

i. Provide a program comparable to the student with a disability's current individualized education program (IEP), pursuant to N.J.A.C. 6A:14-4.1(g), and implement the current IEP or develop a new IEP pursuant to N.J.A.C. 6A:14-4.1(g)1 through 3. When a student with a disability is placed by a school district on a tuition basis, the school district of residence shall be responsible for the development of the student's IEP;

ii. Develop an individualized program plan (IPP), within 30 calendar days, for each general education student, in consultation with the student's parent, school district of residence, and a team of professionals with knowledge of the student's educational, behavioral, emotional, social, and health needs to identify appropriate instructional and support services. The IPP shall minimally include the following information for the student:

(1) NJSMART number and personally identifiable information;

(2) Current academic standing on the date of development;

(3) Results of educational screening administered by the State agency;

(4) Specific curriculum areas and course titles designed to meet all of the New Jersey Student Learning Standards;

(5) Graduation requirements of the school district of residence, for students in grades nine through 12; and

(6) Services to facilitate the transition of a student returning to the general education program;

iii. Discuss the IPP with the student and make a reasonable effort to obtain parental consent for an initial IPP, including written notice.

(1) The State facility shall provide written notice to the parent, with a copy of the IPP, that requests the parents consent but clearly indicates the IPP will be implemented if consent is not received within 15 days of receipt of the notice.

(2) Parental consent need not be obtained for an initial IPP if the parent cannot be found or does not respond after reasonable efforts, or parental rights have been terminated or subrogated for purposes of consenting to eligibility by a court of competent jurisdiction and consent has been given by an individual the court has appointed.

(3) The State facility shall document it is unable to secure the participation of the parent by maintaining a record of its attempts to arrange for the parental consent of the IPP, including, but not limited to:

(A) Detailed records of telephone calls made or attempted and the results of the calls; and

(B) Copies of correspondence sent to the parents and any response(s) received; and

iv. Review and revise the IPP at any time during the students enrollment, as needed, or on an annual basis if the student remains enrolled in the State facility educational program, in consultation with the school district of residence.

(1) The parent shall be advised in writing of any revision(s) to the IPP.

(b) Each State agency shall utilize the following program objectives for achieving the legislative goal as stated at N.J.S.A. 18A:7B-1 et seq., of providing a thorough and efficient education and as the framework for developing educational experiences that meet the specialized needs of all students in each State facility under the agency's jurisdiction. The educational programs, as provided for under the State Facilities Education Act shall:

Provide instruction in the New Jersey Student Learning Standards and assist students in working toward fulfilling the high school graduation requirements contained in N.J.A.C. 6A:8-5.1;

Provide relevant job training and enhance occupational competencies through career and technical education programs, where appropriate, pursuant to N.J.A.C. 6A:19, Career and Technical Education Programs and Standards, and 6A:8, Standards and Assessments;
As appropriate, provide adult education programs and post-secondary and college programs offered by institutions licensed by the Department of Education or the Office of the Secretary of Higher Education in programs operated by the Departments of Corrections and Children and Families, pursuant to N.J.S.A. 18A:7B-4, 8, and 9; and
As appropriate, provide an educational program preparing students for the adult education assessment, pursuant to N.J.A.C. 6A:20-1.2, for programs operated by the Juvenile Justice Commission and the Departments of Corrections and Children and Families.

(c) Attendance in educational programs is compulsory for all students, except for a student age 16 or above who may explicitly waive this right. For a student between the ages 16 and 18, a waiver is not effective unless accompanied by consent from a student's parent. A waiver may be revoked at any time by the former student.

(d) All education programs, with the exception of instruction provided pursuant to (f) below, shall be available at least four hours per day, five days a week, for a minimum of 220 days each year.

(e) The actual number of days a student with a disability must attend the educational program shall be determined by the students IEP in accordance with N.J.A.C. 6A:14-3.7.

(f) Each State agency shall ensure that instruction is provided to students further confined due to a health condition, treatment, or behavioral segregation:

The teacher shall provide instruction for the number of days and length of time sufficient to continue the students academic progress and dependent upon the students ability to participate due to a temporary or chronic health condition or a need for treatment that precludes participation in the usual education setting or as determined by custody for behavioral segregation.
For a student with disabilities, the academic instruction shall be consistent with the student's IEP, pursuant to N.J.A.C. 6A:14-2.8, and shall meet the New Jersey Student Learning Standards. When the provision of academic instruction will exceed 30 consecutive school days, the IEP team shall convene a meeting to review and, if appropriate, revise the student's IEP.
For a general education student, the instruction shall be consistent with the student's individualized program plan and shall meet the New Jersey Student Learning Standards and the requirements of the district board of education for promotion at that grade level.

(g) Each State agency shall ensure that activities are not scheduled in conflict with educational programs.

(h) Each State agency shall ensure students are not excused from attending educational programs, except for reasons of illness, religious observance, court appearance, or other compelling personal circumstances.

(i) Each State agency shall ensure all students in that agencys State facilities shall comply with the State agencys established code of conduct.

(j) Each State agency shall establish procedures for continued education in a different setting in cases where a student is guilty of ongoing defiance of the rules, and the student's continued participation in the program is disruptive to the ongoing educational process.

(k) For a student in a State facility who has an identifiable school district of residence as defined by N.J.S.A. 18A:7B-12, the district board of education shall grant a State-endorsed diploma in accordance with N.J.A.C. 6A:8-5.1 and 5.2 and 6A:14-4.11.

(l) For a student in a State facility who does not have an identifiable school district of residence as defined by N.J.S.A. 18A:7B-12, the applicable State agency shall certify the student has successfully completed all graduation requirements contained in N.J.A.C. 6A:8-5.1 so the Commissioner of Education may issue a State-endorsed diploma.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-3.3 Students with a disability

Each State agency shall ensure all students with a disability in the agencys State facilities are provided a free and appropriate public education as set forth under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and shall provide special education and related services as stipulated in the individualized education program (IEP) in accordance with the rules governing special education at N.J.A.C. 6A:14.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-3.4 Staffing and class size

(a) Each State agency, either independently or through contractual agreements, shall employ the educational personnel required to ensure the provision of programs and services pursuant to this subchapter.

To maintain program operations during temporary educational personnel absences and to enable students to fulfill credit and graduation requirements, the State agency shall ensure appropriately certified substitute teachers for academic and career and technical education programs are available.
Substitute teachers in State facilities shall adhere to the requirements at N.J.A.C. 6A:9B-7.

(b) The Office of Education in each State agency shall ensure all educational personnel possess the appropriate certification endorsement issued by the State Board of Examiners pursuant to N.J.S.A. 18A:6-38.

(c) Each State agency shall maintain the certification for all educational staff on file at the respective Office of Education and at the appropriate program site.

(d) The Office of Education in each State agency shall prepare, and make available, a plan for the required professional development for all teachers and educational services personnel employed by that State agency consistent with the requirements at N.J.A.C. 6A:9C, Professional Development.

(e) Each State agency shall ensure the provision of classes for general education students that shall not exceed 12 students.

A State agency may request exceptions to this requirement as part of the annual approval process required by N.J.A.C. 6A:17-3.7(c).
The Department of Education shall grant exceptions on a case-by-case basis when the requested exception does the following:

i. Justifies the need for an alternate program structure;

ii. Demonstrates the specialized needs of the students served will continue to be met; and

iii. Ensures the necessary supervision, security, and safety of the students served.

(f) The class size of special education programs serving solely students with disabilities shall be in accordance with N.J.A.C. 6A:14-4.7.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-3.5 Facilities

(a) Each State agency shall ensure all buildings and facilities used for educational programs comply with the provisions of N.J.A.C. 6A:26, Educational Facilities, where applicable.

(b) Each State agency shall ensure all educational programs are provided in locations separate from sleeping areas, except where appropriate for safety or medical reasons.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-3.6 Student records and reports

(a) Within 10 school days of receipt of a request for a copy of the student's educational records by a State facility, the school district receiving the request shall provide the State facility with the student's educational records and other relevant school district information to assist the transition, including, but not limited to, the following:

State identification number in NJSMART;
The most recent report card;
Transcripts and the school districts graduation requirements for students in grades nine through 12;
Attendance standards;
The name of a contact person;
For students with disabilities, the name of a special education contact person;
Statewide assessment results;
Other assessment results, if available;
Health records, including immunizations pursuant to N.J.A.C. 6A:16-2.4(d);
Photocopy of the permanent record card pursuant to N.J.A.C. 6A:32-7.5(e)5; and
The most current eligibility conference report, IEP, and child study team assessments for students with disabilities.

(b) Each State agency shall maintain student records in accordance with N.J.A.C. 6A:32-7. All educational records shall be kept in files separate from court and other non-educational records required to be safeguarded from public inspection pursuant to N.J.S.A. 2A:4A-60.

(c) Each State agency shall ensure the school district of residence is notified of their students progress toward meeting local and State high school graduation requirements, pursuant to N.J.A.C. 6A:8-5.1, at the marking period intervals established in the agencys school calendar.

(d) To ensure full and appropriate credit for a program of study completed by a student, each State agency shall transfer educational records and a final progress report for each student exiting a State facility to the school district identified upon discharge, or if none is identified, the school district of residence, as appropriate, within 10 school days of the students exit. The report shall include a designated contact person and the following information, which is necessary to formulate an appropriate educational program and to ensure credit for work completed is granted:

Statewide assessment and diagnostic findings;
Credit earned toward high school graduation requirements pursuant to N.J.A.C. 6A:8-5.1;
Grade level equivalent;
Vocational training experience, including any credential, certification, or license earned, and recognized career and technical education end-of-program technical skills assessment or industry certification tests results; and

Individualized program plan or individualized education program for students with a disability.

(e) The students school district of residence shall grant academic credit based on the appropriate documentation provided by the State agency for the program of study successfully completed in a State facility, pursuant to N.J.S.A. 18A:7B-8 and 9 and N.J.A.C. 6A:8-5.1 (a)1 through 6.

(f) The students school district of residence may contact the director of the appropriate State agency Office of Education to dispute any academic credit recommendation.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-3.7 Approval process for funding

(a) The approval and funding of educational programs shall be in accordance with N.J.S.A. 18A:7B-2 of the State Facilities Education Act of 1979, and N.J.S.A. 18A:7F-43 et seq., or other applicable law.

(b) Each State agency shall submit annually to the Department of Education, the resident enrollment of students in the agencys State facility education programs on the last school day prior to October 16 of the prebudget year, pursuant to N.J.S.A. 18A:7B-2.

(c) By December 15 of each prebudget year, pursuant to N.J.S.A N.J.S.A. 18A:7F-24, each State agency shall submit to the Department of Education, an application that includes a detailed education program plan and budget for approval of all programs and services under its jurisdiction. The plan shall include, at a minimum, a program description; staffing patterns; facility-level budget information; signed statement of assurance; program narrative; and contracted services.

(d) Prior to March 1 of the prebudget year, the Commissioner of Education shall notify the commissioner or the executive director of each State agency of the entitlement for educational programs for the following fiscal year.

(e) The entitlement shall be forwarded to each State agency in two payments: 90 percent after July 1 and 10 percent after April 1. This payment schedule may be modified by written agreement(s) between the Commissioner of Education and the commissioner or the executive director of each State agency. The payments may be withheld pursuant to N.J.S.A. 18A:7B-5 and 18A:7F-43 et seq.

(f) Each State agency shall use the entitlement to support its educational programs in accordance with the provisions of N.J.S.A. 18A:7B-4 and requirements established in this subchapter.

(g) Each State agency shall submit to the Commissioner of Education requests for revisions to the approved education program plan and budget. The following revisions shall require written approval from the Department of Education before implementation:

Budget category expenditure variances that exceed $ 10,000 or 10 percent of the approved amount in any budget line;
Any addition or deletion to approved contracts for services;
Any addition, deletion, or substitution of approved amounts for the purchase of instructional or non-instructional equipment; and
Any substantive addition or deletion in educational programs.

(h) Each revision under (g) above shall be fully documented and contain a certification from the Office of Education in the State agency and its commissioner or executive director, that the revision is essential to the education program.

(i) The expenditure of funds shall be available for audit by the Department of Education and fully documented in the following manner:

Salary expenditures shall be supported by time and activity reports for each budgeted position, supplemented with a current job description;
All non-salary expenditures shall be supported by a vendors invoice, a verification of receipt, and evidence the service or supply is utilized at the program level; and
All documentation shall be retained for audit for a minimum of five years after the completion of the fiscal year. If an audit has been started or notice received of an audit to be started, all supporting documentation shall be retained until the audit process is concluded.

(j) The Department of Education shall review all educational programs provided by each State agency for compliance with the rules established in this subchapter and adherence to the approved education program plan and budget, pursuant to N.J.S.A. 18A:7B-5.

History

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

N.J. Admin. Code § 6A:17-3.8 Reserved

History

Recodified to N.J.A.C. 6A:17-3.7 by R.2014 d.153, effective 10/6/2014.
See: 46 N.J.R. 729(a), 46 N.J.R. 2033(b).
Section was "Approval process for funding."

Subchapter 4 EDUCATIONAL STABILITY FOR CHILDREN IN RESOURCE FAMILY CARE

N.J. Admin. Code § 6A:17-4.1 Purpose and scope

(a) The purpose of this subchapter is to ensure children placed in resource family care are provided a thorough and efficient education and, thereby, improve their educational outcomes. As such, this subchapter establishes uniform Statewide policies and procedures to ensure the Department of Education and school districts work in collaboration with DCP&P to provide for the educational stability of children placed in resource family care.

(b) Nothing in this subchapter shall limit the educational rights and educational stability of children placed in resource family care or the responsibilities of school districts under the Every Student Succeeds Act (ESSA) § 1111(g)(1)(E), including the following circumstances: a child in resource family care placement remains in the child's current school district unless a determination has been made that remaining in the current school district is not in the child's best interest, pursuant to N.J.S.A. 30:4C-26b; immediate enrollment and records transfer take place; and a point of contact is designated.

History

Adopted by 54 N.J.R. 553(a), effective 4/4/2022

N.J. Admin. Code § 6A:17-4.2 School district responsibilities

(a) Each district board of education shall:

Identify a point of contact;

Develop policies and procedures to ensure the following for children in resource family care:

i. Local transportation, in accordance with N.J.A.C. 6A:17-4.5;

ii. Immediate enrollment upon receipt of an Educational Stability School District Notification from DCP&P and in accordance with N.J.A.C. 6A:17-4.4(a);

iii. Immediate record transfer upon receipt of an Educational Stability School District Notification from DCP&P and in accordance with N.J.A.C. 6A:17-4.4(b); and

iv. Continued enrollment for the duration of placement in resource family care and a determination of whether children who are reunited with their parent(s) during the academic year can continue enrollment in the school district, in accordance with ESSA § 1112(c)(5) and N.J.A.C. 6A:17-4.4(c).

History

Adopted by 54 N.J.R. 553(a), effective 4/4/2022

N.J. Admin. Code § 6A:17-4.3 Point of contact role and responsibilities

(a) Upon receipt of an Educational Stability School District Notification from DCP&P, the point of contact shall:

Ensure the child in resource family care is immediately enrolled in, and regularly attends, school;
Implement the local transportation procedures for the child in resource family care;
Facilitate the transfer of records;
Facilitate data sharing with DCP&P, consistent with the Family Educational Rights and Privacy Act (FERPA) and other privacy protocols; and
Provide DCP&P the information relevant to assisting with best interest determinations, in accordance with the process set forth at N.J.S.A. 30:4C-26b.

(b) The point of contact shall provide to school district staff professional development and training on how to ensure the educational stability of children in resource family care.

History

Adopted by 54 N.J.R. 553(a), effective 4/4/2022

N.J. Admin. Code § 6A:17-4.4 Immediate enrollment and records transfer

(a) When DCP&P makes a best interest determination that remaining in the current school district is not in the best interest of a child in resource family care, the school district, as determined by DCP&P, shall immediately enroll the child, even if the required documentation is not available for the child.

(b) The school district in which the child is enrolled shall immediately contact the child's school of origin to obtain all relevant academic records and pertinent documentation.

(c) Enrollment in the school district according to DCP&P's best interest determination shall continue for the duration of the child's time in resource family care. If the child reunites with the child's parent(s) during the academic year, enrollment in the school district according to DCP&P's best interest determination may continue for the remainder of the academic year, upon request of the parent(s).

History

Adopted by 54 N.J.R. 553(a), effective 4/4/2022

N.J. Admin. Code § 6A:17-4.5 Transportation

(a) To facilitate transportation for children in resource family care, all school districts shall collaborate with local DCP&P offices to:

Establish and implement clear written procedures regarding how transportation will be provided and arranged for the child's duration of time in resource family care; and
Ensure that children in resource family care will promptly receive transportation in a cost-effective manner, in accordance with the Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351, and N.J.A.C. 6A:27-6.4.

(b) The school district of residence shall be responsible for the cost of the transportation, pursuant to N.J.A.C. 6A:27-6.4.

History

Adopted by 54 N.J.R. 553(a), effective 4/4/2022

N.J. Admin. Code § 6A:17-4.6 Tuition

When a child in resource family care is enrolled in a school district other than the school district of residence, the school district of residence shall pay tuition to the school district in which the child is enrolled. If the State has assumed financial responsibility for the tuition of a child in resource family care in accordance with N.J.S.A. 18A:7B-12.d, the State shall pay the costs of tuition for the child to attend school in the school district of enrollment in accordance with N.J.S.A. 18A:7B-12.

History

Adopted by 54 N.J.R. 553(a), effective 4/4/2022

Chapter 19 CAREER AND TECHNICAL EDUCATION PROGRAMS AND STANDARDS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:19-1.1 Purpose and scope

(a) The rules in this chapter delineate the State system of career and technical education, which has as its purpose to:

Support developmental career education designed to provide students opportunities to enhance career awareness, exploration, preparation, and decision-making skills necessary for success in the workplace;
Provide secondary and postsecondary students with career and technical education programs and programs of study in Department-recognized Career Clusters that, in fulfillment of the New Jersey Student Learning Standards, shall:

i. Include implementation of curriculum and instructional methods that incorporate academic and technical standards;

ii. Include structured learning experiences as defined at N.J.A.C. 6A:19-1.2, Definitions;

iii. Address industry standards, where available;

iv. Provide a variety of learning experiences to best serve the multiple learning styles of students;

v. Provide for multiple pathways to prepare for careers and gainful employment, and/or continuing education, such as college, postsecondary career and technical education, specialized certification, and/or registered apprenticeships;

vi. Encourage life-long learning and productive citizenship;

Support a comprehensive K-12 career education and counseling system; and
Support the workforce development system by helping to ensure quality postsecondary educational opportunities for adult students.

(b) This chapter establishes the general provisions governing career and technical education, and specifies the standards and procedures regarding career and technical education in the areas of:

Provision of career and technical education;

Development, approval, and delivery of career and technical education programs and programs of study;
Provision of structured learning experiences;
Implementation of the career and technical education accountability system;
Development and implementation of safety and health standards; and

Contracting of services of career and technical training providers.

History

Amended by R.1991 d.404, effective 8/5/1991.
See: 23 N.J.R. 1246(a), 23 N.J.R. 2331(c).
Corrected title, formerly Commission on Employment and Training.
Amended by R.2001 d.473, effective 12/17/2001.
See: 33 N.J.R. 2770(a), 33 N.J.R. 3280(a), 33 N.J.R. 4319(a).
Rewrote the section.
Amended by R.2007 d.10, effective 1/2/2007.
See: 38 N.J.R. 3205(a), 39 N.J.R. 29(a).
Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Administrative change.
See: 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:19-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise. Specialized terms unique to a specific subchapter are defined within that subchapter. "Career and technical education" is used synonymously throughout this chapter with "vocational-technical education" in places where "vocational-technical education" must be retained due to its basis in State statute.

"Admissions policy" means the process established by a county vocational school district for admittance of students into a career and technical education program or program of study.

"Apprenticeship training" means a paid structured learning experience in which students enrolled in an approved program are placed into an employer-sponsored training program to learn a skilled trade or technical occupation that is clearly identified and commonly recognized throughout an industry, and that is customarily learned in a practical way through a structured, systematic program of on-the-job supervised training. Apprenticeship training involves manual, mechanical, or technical skills and knowledge, and requires related theoretical instruction to supplement the on-the-job training. Apprentice training programs are registered with the New Jersey Department of Labor and Workforce Development and the U.S. Department of Labor, Bureau of Apprenticeship and Training, in compliance with 29 CFR §§ 29.29 and 29.30.

"Approved program" means career and technical education programs and programs of study that are developed and implemented in accordance with N.J.A.C. 6A:19-3.1, Program requirements, and 3.2, Program approval, and N.J.S.A. 18A:54-24, Approval of courses of study.

"Career and technical education" means organized educational activities that: offer a sequence of courses that provide individuals with the coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions; provides technical skill proficiency, an industry-recognized credential, a certificate, or an associate degree; may include prerequisite courses (other than a remedial course) that meet the requirements of this definition; and include competency-based applied learning that contributes to the academic knowledge, higher-order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry.

"Career and technical education student" means a student who enrolls in an approved career and technical education program or program of study.

"Career and technical student organization" means an organization that engages students in career and technical education activities as an integral part of the instructional program. Such organizations must have State and national units that establish and coordinate the work and purposes of instruction in career and technical education at the local level.

"Career Clusters" means the 16 distinct groupings of occupations and industries based on the required knowledge and skills that are recognized by the U.S. Department of Education and by the New Jersey Department of Education.

"Classification of Instructional Programs (CIP)" means the taxonomic scheme that supports the accurate tracking, assessment, and reporting of fields of study and program completion activity. CIP was originally developed by the U.S. Department of Education's National Center for Education Statistics (NCES) in 1980, with revisions occurring in 1985 and 1990.

"Cooperative education experience" means a paid structured learning experience, which is a method of education for individuals who, through written cooperative arrangements between a school and employers, receive instruction, including required rigorous and challenging academic courses and related career and technical education instruction, by alternation of study in school with a job in any occupational field, that:

Shall be planned and supervised by the school and employer so each contributes to the education and employability of the individual; and
May include an arrangement in which work periods and school attendance may be on alternate half days, full days, weeks, or other periods of time in fulfilling the cooperative program.

"County vocational school district" means a school district established by a county board of chosen freeholders, pursuant to N.J.S.A. 18A:54-2 and 18A:54-12, for the purpose of providing efficient occupational, technical, and academic education opportunities to secondary and postsecondary students.

"Course" means an organization of subject matter and related learning experiences designed to meet a career and technical education objective provided for the instruction of students as part of an approved career and technical education program or program of study.

"Displaced homemaker" means an individual who:

Has worked primarily without remuneration to care for a home and family, and for that reason has diminished marketable skills; and
Is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment; and

i. Is a parent whose youngest dependent child will become ineligible to receive assistance under part A of Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) not later than two years after the date on which the parent applies for assistance under this title; or

ii. Has been dependent on the income of another family member but is no longer supported by that income.

"Economically disadvantaged student" means a student who is a member of a household that meets Federal income poverty eligibility guidelines for free and reduced price meals or free milk established under the Richard B. Russell National School Lunch Act, 42 U.S.C. §§ 1758(b)(1) and 1766(c)(4) and the Child Nutrition Act of 1966 42 U.S.C. §§ 1772(a)(6) and 1773(e)(1)(A), incorporated herein by reference, as amended and supplemented. The U.S. Department of Agriculture annually issues the Income Eligibility Guidelines for free and reduced price meals for the National School Lunch Program ( 7 CFR Part 210).

"Employer/agency agreement" means a written, signed agreement between a school district and an employer or agency in which the terms and conditions of a structured learning experience are detailed, as well as the responsibilities of the participating parties, including the school district, the host employer or agency, the student, and the parent or guardian.

"Hazard analysis" means a method of reviewing career and technical education program tools, equipment, materials, procedures, and processes to identify potential causes of injury or illness.

"Hazardous occupation" means occupations regulated by State and Federal child-labor and wage-and-hour laws, regulations, and hazardous orders as prohibited for minors with limited exemptions permitted for students who are enrolled in an approved career and technical education program or program of study and who are participating in a cooperative education experience or apprenticeship training.

"Hazardous structured learning experiences" means work-based activities regulated by State and Federal child-labor and wage-and hour-laws, regulations, and hazardous orders as prohibited for minors with limited exemptions permitted for students who are enrolled in an approved career and technical education program or program of study and who are participating in a cooperative education experience or apprenticeship training.

"Hazardous substance" means any substance or substance contained in a mixture included on the workplace hazardous substance list developed by the Department of Health, pursuant to N.J.S.A. 34:5A-5, introduced by an employer to be used, studied, produced, or otherwise handled at a facility.

"Incident reporting form" means the electronic form provided by the Department for school districts to identify reportable incidents for submission to the Department.

"Individual with limited English proficiency" means a secondary school student, an adult, or an out-of-school youth who has limited ability in speaking, reading, writing, or understanding the English language, and:

Whose native language is a language other than English; or
Who lives in a family or community environment in which a language other than English is the dominant language.

"Internship" means paid or unpaid structured learning experiences in non-hazardous occupations that are designed for career exploration and include supervised practical training.

"Job shadowing" means unpaid structured learning experiences in which students determine by observation, interview, and study the pertinent information related to an occupation or career.

"National and community service project" means unpaid structured learning experiences in nonhazardous settings in which students participate in any project, program, or undertaking designed to provide, or assist in providing, activities or services to promote conservation, restoration, or preservation of natural resources, open space of the environment, or public health, education and welfare among the general population or segments of the population having identifiable needs or deficiencies.

"Nontraditional fields" means occupations or fields of work in which individuals from one gender comprise less than 25 percent of the individuals employed in each such occupation or field of work.

"Perkins Act" means the Carl D. Perkins Career and Technical Education Improvement Act of 2006, 20 U.S.C. §§ 2301 et seq., which has as its purpose to more fully develop the academic and career and technical skills of secondary and postsecondary education students who elect to enroll in career and technical education programs and programs of study.

"Postsecondary educational institution" means an institution legally authorized to provide postsecondary education within the State, including county colleges, county vocational school districts, and private career schools.

"Program of study" means career and technical content areas that: incorporate secondary and postsecondary education elements; include coherent and rigorous content aligned with challenging academic standards and relevant career and technical content in a coordinated, nonduplicative progression of courses that align secondary and postsecondary education to adequately prepare students to succeed in postsecondary education; may include the opportunity for secondary students to participate in dual- or concurrent-enrollment programs or acquire postsecondary credit in other ways; and lead to an industry-recognized credential at the postsecondary level, or an associate or baccalaureate degree.

"Reportable incident" means any injury or illness incurred by a student or teacher resulting from participation in a career and technical education program or program of study, occurring either on school premises or off-premises at an approved structured learning experience training site, including travel to or from the off-premises site, or any other individual who incurred an injury or illness in a career and technical education classroom, and that requires treatment by a licensed medical doctor.

"Rigorous activities" means student activities with identifiable educational goals that support the New Jersey Student Learning Standards.

"School-based enterprises" means structured learning experiences in nonhazardous settings that are part of enterprises that involve the production of goods and services by students for sale to or use by others.

"Service learning" means unpaid structured learning experiences in nonhazardous settings taking place in the community that are designed to foster students' community service and civic responsibility.

"Special populations" means:

Individuals with disabilities;
Individuals from economically disadvantaged families, including foster children;
Individuals preparing for nontraditional fields;
Single parents, including single pregnant women;
Displaced homemakers; and
Individuals with limited English proficiency.

"State Board of Education" or "State Board" means the New Jersey State Board of Vocational Education. Under P.L. 109-270 and designated by N.J.S.A. 18A:59-5, the State Board of Vocational Education is established as the agent for the State in securing for the State the benefits of Federal career and technical education appropriations.

"State Employment and Training Commission" means the State commission established under P.L. 1989, c.295, to develop and assist in the implementation of a State employment and training policy with the goal of creating, in concert with the efforts of the private sector, a coherent, integrated system of employment and training programs and services that will provide each citizen of the State with equal access to the learning opportunities needed to attain and maintain high levels of productivity and earning power.

"State Plan" means the State Plan for Career and Technical Education that: describes the career and technical education programs, programs of study, and activities to be carried out by the State as authorized by the State Board; is accepted by the U.S. Department of Education; and is required under P.L. 109-270.

"Structured learning experience (SLE)" means experiential, supervised, in-depth learning experiences aligned to the New Jersey Student Learning Standards that are designed to offer students the opportunity to more fully explore career interests within one or more of the Career Clusters. SLEs are designed as rigorous activities that are integrated into the curriculum and that provide students with opportunities to demonstrate and apply a high level of academic, and/or technical skills, and develop personal, academic and career goals.

"Student training plan" means a written plan describing the student learning objectives, activities, and assessments as part of a structured learning experience.

"Student with a disability" means a student who is eligible for special education and related services pursuant to N.J.A.C. 6A:14.

"Supervised agriculture experience" means activities for students who are enrolled in approved agriculture, food, and natural resources programs that are designed to promote career exploration; research, experimentation, and analysis; and business ownership and entrepreneurship; and placements into paid and unpaid external, work-based, supervised structured learning experiences in agriculture-related businesses.

"Technical skills assessment" means a written and/or performance assessment that may result in licensure, an industry certification, or a credential related to a specific career.

"Volunteer experience" means an unpaid structured learning experience where individuals donate their services to nonprofit or public-sector employers for civic, religious, or humanitarian objectives.

"Work Experience Career Exploration Program (WECEP)" means a school-supervised or -administered work experience program designed to permit students between the ages of 14 and 16 to explore career possibilities while they earn credit for both in-school related instruction and on-the-job experience. The program allows for the employment of minors, whom authoritative school district personnel identify as being able to benefit from the program, in otherwise prohibited circumstances for up to 23 hours per week when school is in session and for no more than three hours in any one day. WECEP programs must follow Department guidelines as approved by the U.S. Department of Labor, Employment and Training Administration, Wage and Hour Division.

History

Amended by R.1991 d.404, effective 8/5/1991.
See: 23 N.J.R. 1246(a), 23 N.J.R. 2331(c).
Amendments pursuant to Federal law P.L. 101-392 and the State Quality Education Act ( P.L. 1990 c. 52).
Amended by R.1999 d.51, effective 2/16/1999.
See: 30 N.J.R. 3623(a), 31 N.J.R. 537(a).
Deleted "Private industry council"; and added "Workforce Investment Board".
Amended by R.2001 d.473, effective 12/17/2001.
See: 33 N.J.R. 2770(a), 33 N.J.R. 3280(a), 33 N.J.R. 4319(a).
Rewrote the section.
Amended by R.2007 d.10, effective 1/2/2007.
See: 38 N.J.R. 3205(a), 39 N.J.R. 29(a).
Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the introductory paragraph; deleted definitions "Act", "Career awareness, exploration, and preparation", "Career education and counseling", "Commissioner", "Department", "Individualized education program (IEP)", and "Workforce Investment Board"; added definitions "Admissions policy", "Apprenticeship training", "Cooperative education experience", "Employer/agency agreement", "Hazard analysis", "Hazardous occupation", "Hazardous structured learning experiences", "Hazardous substance", "Incident reporting form", "Internship", "Job shadowing", "National and community service project", "Perkins Act", "Program of study", "Reportable incident", "Rigorous activities", "School-based enterprises", "Service learning", "Student training plan", "Student with a disability", "Supervised agriculture experience", "Technical skills assessment", "Volunteer experience", and "Work Experience Career Exploration Program (WECEP)"; rewrote definitions "Approved program", "Career and technical education", "Career Clusters", "Postsecondary educational institution", " 'State Board of Education' or 'State Board' ", "State Plan", and "Structured learning experience (SLE)"; in definitions "Career and technical education student" and "Course", inserted "or program of study"; in definition "Career and technical student organization", deleted "for students enrolled in an approved career and technical education program" following the second occurrence of "organization", and inserted "students"; in definition "Special populations", substituted "fields" for "training and employment" in subparagraph 3, and deleted "with other barriers to educational achievement, including individuals: preceding "with" in subparagraph 6; in definition "State Employment and Training Commission", inserted ", in concert with the efforts of the private sector," and substituted "that" for "which, in concert with the efforts of the private sector,"; and substituted definition "Nontraditional fields" for definition "Nontraditional training and employment".
Administrative change.
See: 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:19-1.3 Reserved

History

New Rule, R.1987 d.313, effective 8/3/1987.
See: 19 N.J.R. 485(b), 19 N.J.R 1432(a).
Old section 2 definitions recodified to section 3.
Amended by R.1992 d.204, effective 5/4/1992.
See: 24 N.J.R. 516(a), 24 N.J.R. 1793(b).
CN number corrected at (b).
Amended by R.1998 d.499, effective 10/5/1998.
See: 30 N.J.R. 2331(a), 30 N.J.R. 3643(a).
In (b), changed addresses.
Repealed by R.2007 d.10, effective 1/2/2007.
See: 38 N.J.R. 3205(a), 39 N.J.R. 29(a).
Section was "Adoption by reference".

Subchapter 2 PROVISION OF CAREER AND TECHNICAL EDUCATION

N.J. Admin. Code § 6A:19-2.1 Administration of career and technical education programs and programs of study

(a) Career and technical education programs shall be conducted within the framework of the State Plan and delivered through a coordinated system that includes State, county, and local programs.

(b) Career and technical education shall be provided by district boards of education (including county vocational boards of education), charter schools, State agencies, or schools for the disabled, or under contract with approved private career schools, pursuant to N.J.A.C. 6A:19-2.4.

(c) A district board of education shall not apply the term "career and technical" or "vocational-technical" to any of its schools, programs, or programs of study unless those schools, programs, or programs of study are approved by the Department and meet the general requirements included in the approved State Plan for Career and Technical Education.

(d) A district board of education seeking to receive State and/or Federal funds for activities in any career and technical education program or program of study included in N.J.S.A. 18A:54-1 et seq. shall meet the program requirements established pursuant to N.J.A.C. 6A:19-3.1.

(e) A district board of education may establish career and technical education programs and programs of study approved pursuant to N.J.A.C. 6A:19-3.1 as part of a separate career and technical high school or as part of a comprehensive high school curriculum.

(f) A district board of education shall file with the Commissioner annual financial and statistical reports on activities in a career and technical education program or program of study to be eligible to receive State or Federal aid.

(g) A district board of education operating a career and technical education program or program of study shall account for and credit to the career and technical education account of the school district all proceeds from the sale or resale of any articles, materials, or services produced in the various classes and shops maintained under the career and technical education program or program of study.

(h) A district board of education, State agency, or private school for students with disabilities operating a career and technical education program or program of study shall maintain evaluation procedures designed to ensure that an applicant student's health-related condition does not present an impairment to the student's safety or the safety of other students or teachers in the program.

(i) A district board of education operating a career and technical education program or program of study shall comply with all requirements pursuant to N.J.A.C. 6A:19-6, Safety and Health Standards, in the administration and operation of the programs.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Section was "Administration of career and technical education programs". Rewrote the section.

N.J. Admin. Code § 6A:19-2.2 Delivery of career and technical education programs and programs of study by county vocational school districts

(a) County vocational school district career and technical education programs and programs of study shall provide a broad range of relevant programs for students.

(b) The county system for career and technical education shall include secondary and postsecondary programs identified by the county board of vocational education as needed.

(c) Approval of county vocational school district programs shall be based upon satisfaction of the requirements under N.J.A.C. 6A:19-3.1.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Section was "Delivery of career and technical education programs by county vocational school districts". Rewrote (a); in (b), deleted "those" following "include"; and deleted (d).

N.J. Admin. Code § 6A:19-2.3 Access to county vocational schools

(a) Each resident district board of education shall ensure that resident students may apply to and, if accepted, attend a county vocational school pursuant to N.J.S.A. 18A:54-20.1. The existence of the same career and technical education program at the resident district board of education shall not negate a student's right to apply to and, if accepted, attend a county vocational school, subject to the following limitations:

The resident district board of education shall be responsible for the tuition and transportation costs of any resident student admitted to the county vocational school in which the school district is located, unless the resident district board of education maintains a vocational school pursuant to N.J.S.A. 18A:54-5 et seq., and such school offers the same program as the county vocational school where the student has been admitted. A program shall be deemed the same, for purposes of this section, if it is approved by the Department in accordance with N.J.A.C. 6A:19-3.1 and 3.2, is assigned the same Classification of Instructional Programs (CIP) code, and meets or exceeds all applicable program performance standards; and
The resident district board of education shall be responsible for the tuition, transportation costs, and nonresident fee (where applicable) of any resident student admitted to a county vocational school outside the county in which the resident school district is located, unless the district board of education maintains a vocational school pursuant to N.J.S.A. 18A:54-5 et seq., or the county in which the resident school district is located maintains a county vocational school, and either of these schools offers the same program as the non-resident county vocational school where the student has been admitted. A program shall be deemed the same, for purposes of this section, if it is approved by the Department in accordance with N.J.A.C. 6A:19-3.1 and 3.2, is assigned the same Classification of Instructional Programs (CIP) code, and meets or exceeds all applicable program performance standards.

(b) A county vocational school district shall admit resident students based on board-approved policies and procedures that ensure equity and access for enrollment that shall be posted on the school district's website. A county vocational school district shall similarly admit non-resident students to the extent that space is available, pursuant to N.J.S.A. 18A:54-20.1.b.

(c) County vocational school districts receiving students from a district board of education shall enter into written contractual agreements for estimated tuition rates not to exceed the limitations imposed by N.J.S.A. 18A:54-23.4.

(d) A district board of education shall provide a county vocational school district and its designated representative(s) with reasonable opportunity, during school hours, to present information about the county vocational school district's programs to all students, grades K-12, in the schools of the district board. No district board of education may in any manner inhibit student access to such information.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote (b); and in (c), deleted the last sentence.

N.J. Admin. Code § 6A:19-2.4 Career and technical instruction under contract

(a) A district board of education may contract with a private career school for a program or portion of a program on an individual or group basis. Such contract shall be entered into upon a determination by the district board of education of satisfactory assurance that:

The contract is in accordance with State or local law;
The instruction being sought is not offered at a comparable cost by a district board of education within reasonable proximity of the district board of education seeking the career and technical education;
The instruction to be provided under contract will be conducted as a part of a Department-approved career and technical education program and will constitute a reasonable and prudent use of available funds;

The private career school holds a current certificate of approval, as defined in N.J.A.C. 6A:19-7.2, jointly issued by the Department of Education and the Department of Labor and Workforce Development to enroll students in the subject to be taught, and such approval must have been held by the private career school for at least two consecutive years immediately preceding the contract's execution; and

The private career school has conducted criminal history record checks pursuant to N.J.S.A. 18A:6-7.1.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the section.

Subchapter 3 DEVELOPMENT, APPROVAL, AND DELIVERY OF CAREER AND TECHNICAL EDUCATION

N.J. Admin. Code § 6A:19-3.1 Program requirements

(a) A district board of education intending to offer a career and technical education program or program of study shall meet the following requirements:

Document a need for the program in a high-skill, high-wage, or high-demand current or emerging occupation;
Establish a career and technical education program advisory committee that includes parents, students, career and technical education teachers licensed in the program area, school counseling staff, representatives of business and industry with content expertise in the program area, labor organizations, school district representatives of special populations, postsecondary institutions, and other interested individuals representing the appropriate programs;
Establish admission requirements that include equity and access for all populations, including special populations and special education students;

Hire instructional staff holding the appropriate certificates;

Develop enrollment projections of the program for the first three years of the program's operation;
Develop a program curriculum, which shall include:

i. A coherent sequence of courses of not fewer than three identifiable courses;

ii. Classroom instruction combined and coordinated with field, shop, or laboratory experiences, structured learning experiences, or other experiences which are appropriate to the competencies of the career clusters;

iii. Academic content that is aligned to the New Jersey Student Learning Standards for secondary programs;

iv. Content that meets industry-approved or nationally-recognized skill standards;

v. Industry-recognized credentials and skill certificates, when available;

vi. A valid third-party technical skills assessment, when available;

vii. Opportunities to participate in structured learning experiences implemented in accordance with N.J.A.C. 6A:19-4;

viii. Opportunities to participate in career and technical student organizations; and

ix. A career and technical education safety and health program and plan if the program is in a hazardous occupation;

Provide adequate resources required to operate the program, including sufficient and appropriate instructional and support staff, facilities, and equipment;
Establish relevant postsecondary education and training linkages; and
Establish procedures for the evaluation of student and program performance and methods to improve programs based upon evaluation results.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:19-3.2 Program approval and re-approval

A district board of education that seeks to operate or continue operating a career and technical education program or program of study and that seeks to place or supervise students in apprenticeship training or cooperative education experiences, and/or apply for or receive Carl D. Perkins funds or its successor to support the program or programs shall meet all of the requirements under N.J.A.C. 6A:19-3.1, and shall apply to the Department for initial program approval and re-approval every five years.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Section was "Program approval". Substituted "program of study" for the first occurrence of "programs", inserted "initial", and substituted "and re-approval every five years" for "based upon satisfaction of the requirements under N.J.A.C. 6A:19-3.1".

N.J. Admin. Code § 6A:19-3.3 Programs and services for students with specialized needs

Career and technical education programs, programs of study, and services for special education students and students who are members of special populations shall be provided in accordance with N.J.A.C. 6A:14, Special Education, 6A:15, Bilingual Education, and 6A:17, Education for Homeless Children and Students in State Facilities, and other relevant State and Federal laws and regulations.

History

Recodified from N.J.A.C. 6A:19-3.5 and amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the section. Former N.J.A.C. 6A:19-3.3, Career and technical student organizations, repealed.

N.J. Admin. Code § 6A:19-3.4 Career education and counseling

A district board of education, in fulfillment of the New Jersey Student Learning Standards, shall develop and implement a comprehensive guidance and academic counseling program for all students to facilitate career awareness, exploration, and preparation, in accordance with N.J.A.C. 6A:8-3.2. The program shall be designed to: assist students in making and implementing informed educational and career choices, including opportunities to change career focus; and support students' academic attainment, career development, and personal/social development.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:19-3.5 Reserved

History

Recodified to N.J.A.C. 6A:19-3.3 by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Section was "Programs and services for students with specialized needs".

N.J. Admin. Code § 6A:19-3.6 Reserved

History

Recodified to N.J.A.C. 6A:19-3.4 by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Section was "Career education and counseling".

Subchapter 4 STRUCTURED LEARNING EXPERIENCES

N.J. Admin. Code § 6A:19-4.1 Requirements of structured learning experiences

(a) Each district board of education shall offer all high school students opportunities to explore career interests through participation in structured learning experiences linked to the New Jersey Student Learning Standards.

(b) Students participating in structured learning experiences shall be a minimum of 16 years of age, pursuant to N.J.A.C. 12:58-1, Child labor, and N.J.A.C. 12:56-18, Wage and Hour, with the following exceptions:

Students of any age shall be permitted to participate in job-shadowing structured learning experiences, which do not include hands-on activities; and
Students who are a minimum of 14 years of age shall be permitted to participate in a Work Experience Career Exploration Program (WECEP) pursuant to 29 CFR Part 570.35a.

(c) District boards of education shall maintain appropriate records for the structured learning experience, and may destroy such records once the student reaches the age of 21, pursuant to N.J.S.A. 34:2-21.12, Child labor.

(d) Transportation of the student to and from the structured learning experience site shall be the responsibility of the student, unless otherwise required pursuant to N.J.A.C. 6A:14.

(e) District boards of education shall develop structured learning experiences in compliance with all Federal and State statutes, regulations, and hazardous orders. All Federal and State statutes, regulations, and hazardous orders can be found in the New Jersey Structured Learning Experience Manual.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:19-4.2 Requirements and authority of structured learning experience coordinating personnel

(a) Each district board of education shall ensure that students enrolled in approved programs and participating in cooperative education experiences or apprenticeship training are supervised by school personnel who meet the requirements at N.J.A.C. 6A:9-13.1 9, Cooperative education coordinator--hazardous occupations, or 13.20, Cooperative education coordinator, as appropriate.

(b) Each district board of education shall ensure that structured learning experiences other than apprenticeship training and cooperative education experiences shall be coordinated by school personnel who are assigned by the chief school administrator of the employing district board of education and who meet the following requirements:

Holds a standard instructional certificate;
Presents evidence of one year of full-time, successful classroom teaching experience;
Completes training in child-labor, wage-and-hour, and wage-payment laws and regulations, as required by the Department of Labor and Workforce Development and the U.S. Department of Labor in accordance with N.J.S.A. 34:2-21 and 57, N.J.S.A. 34:11-4 and 56, N.J.A.C. 12:56 and 12:58, and 29 CFR 570 and 1900. Courses that fulfill these training requirements are identified in the New Jersey Structured Learning Experience Manual; and
Completes a minimum of 20 hours of training or a Department-approved equivalent program in safety and health, and training on the required Department procedures and planning for SLEs. Courses that fulfill these training requirements are identified in the New Jersey Structured Learning Experience Manual.

(c) The assigned staff member shall have full responsibility for the student's structured learning experience to ensure that the placement is appropriate to the student's skills, abilities, and career goals pursuant to N.J.A.C. 6A:8-5.1(a)2. The site assignment shall constitute a training and learning situation, be free of student exploitation, and shall comply with applicable safety and health standards and Federal and State child-labor laws, regulations, and hazardous orders.

History

Recodified from N.J.A.C. 6A:19-4.3 and amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the section. Former N.J.A.C. 6A:19-4.2, Definitions, repealed.
Administrative change.
See: 46 N.J.R. 1743(a).

N.J. Admin. Code § 6A:19-4.3 Reserved

History

Recodified to N.J.A.C. 6A:19-4.2 by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Section was "Requirements of structured learning experience coordinating personnel".

Subchapter 5 CAREER AND TECHNICAL EDUCATION ACCOUNTABILITY SYSTEM

N.J. Admin. Code § 6A:19-5.1 Performance targets and core indicators

(a) Each district board of education and State agency that offers career and technical education programs and programs of study established and operated in accordance with N.J.A.C. 6A:19-3.1 shall be responsible for achieving the Statewide performance targets for a series of core indicators for secondary and postsecondary career and technical education students, and other indicators of performance for career and technical education activities authorized under this chapter.

Each district board of education and State agency shall achieve the levels of performance prescribed by the Department in the following areas:

i. For secondary students:

(1) Academic attainment in reading/language arts;

(2) Technical skill attainment;

(3) Student graduation rates;

(4) Academic attainment in mathematics;

(5) Placement--employment, postsecondary education, or advanced training, or military service;

(6) Non-traditional student participation; and

(7) Non-traditional student completion.

ii. For postsecondary students in county vocational school districts or in two- or four-year institutions of higher education:

(1) Technical attainment;

(2) Credential, certificate, or degree attainment;

(3) Placement--employment, further education, or military service;

(4) Retention--education, employment, or military service;

(5) Non-traditional student participation; and

(6) Non-traditional student completion.

District boards of education and State agencies, as described under (a)1 above, shall also identify in the local plans the level of performance targeted for each of the core indicators of performance.

(b) District boards of education and State agencies that offer career and technical education programs and programs of study established and operated in accordance with N.J.A.C. 6A:19-3.1 and that receive Federal and/or State funds in support of the programs shall be responsible for the appropriate and timely expenditure of those funds for career and technical education instructional activities.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the section.

N.J. Admin. Code § 6A:19-5.2 Program evaluation and reporting

District boards of education and State agencies that offer career and technical education programs and programs of study established and operated in accordance with N.J.A.C. 6A:19-3.1 shall report to the Department the results of an annual evaluation of the programs conducted in accordance with N.J.A.C. 6A:19-5.1.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the section.

Subchapter 6 SAFETY AND HEALTH STANDARDS

N.J. Admin. Code § 6A:19-6.1 Applicability and implementation of safety and health standards for career and technical education

All safety and health standards contained in this subchapter apply to career and technical education programs, programs of study, and structured learning experiences.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Section was "Applicability and implementation of safety and health standards". Substituted ", programs of study," for "and courses including career orientation courses".

N.J. Admin. Code § 6A:19-6.2 Safety and health standards: adoption by reference

(a) The standards contained in N.J.A.C. 12:100, Safety and Health Standards for Public Employees, are adopted as safety and health standards for career and technical education students, programs, and programs of study.

(b) The standards are available for review at the New Jersey Department of Labor and Workforce Development, Office of Public Employees' Occupational Safety and Health, PO Box 386, Trenton, NJ 08625-0386.

History

Recodified from N.J.A.C. 6A:19-6.3 and amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Substituted "students, programs, and programs of study" for "programs and courses". Former N.J.A.C. 6A:19-6.2, Definitions, repealed.

N.J. Admin. Code § 6A:19-6.3 Other applicable environmental, safety, and health rules

All district boards of education and other institutions and agencies operating career and technical education programs, programs of study, and structured learning experiences, shall comply with all applicable environmental, safety, and health laws, including child labor laws, where applicable, not referenced in this subchapter that have been adopted by the New Jersey Department of Education, the New Jersey Department of Community Affairs, the New Jersey Department of Labor and Workforce Development, the New Jersey Department of Environmental Protection, the New Jersey Department of Health and Senior Services, the United States Environmental Protection Agency, and the United States Department of Labor.

History

Recodified from N.J.A.C. 6A:19-6.4 and amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Substituted "programs of study," for "and courses, including career orientation courses", deleted "Department of" following "States", and inserted "Agency". Former N.J.A.C. 6A:19-6.3, Safety and health standards: adoption by reference, recodified to N.J.A.C. 6A:19-6.2.

N.J. Admin. Code § 6A:19-6.4 Safety and health plan for career and technical education

(a) All district boards of education and other institutions and agencies operating a career and technical education program, program of study, cooperative education experience, and/or apprenticeship training in a hazardous occupation shall organize, adopt, and implement a written Career and Technical Education Safety Health Plan describing the safety and health program being used to protect students and staff from safety and health risks in the career and technical education classroom or at a school-sponsored cooperative education experience or apprenticeship training worksite. The Career and Technical Education Safety Health Plan shall be aligned to the self-inspection checklists contained in the New Jersey Safe Schools Manual for career and technical education. The self-inspection checklists were developed by the Environmental and Occupational Health Sciences Institute for this purpose, and are based upon statutes, regulations, and hazardous orders impacting career and technical education, cooperative education experiences, and apprenticeship training promulgated by the State Department Labor and Workforce Development, among others, and Federal agencies such as the Department of Labor and the Occupational Safety and Health Administration, among others. The self-inspection checklists may be downloaded from the Department's website. A copy of the Career and Technical Education Safety and Health Plan, indicating the district board of education, the agency, or institution's adoption and approval, shall be retained on file by the agency or institution and made available, upon request, to the Department.

(b) As changes are made to the school district's safety and health program, the Career and Technical Education Safety and Health Plan shall be updated to reflect the changes. The plan shall be readopted by the district board of education every five years from the date of the plan's initial approval by the district board of education.

(c) Each district board of education and other institution or agency operating a career and technical education program, or program of study in a hazardous occupation shall designate a person or persons who shall oversee updating and implementation of the approved Career and Technical Education Safety Health Plan.

(d) The Career and Technical Education Safety and Health Plan shall contain, as a minimum, the following:

A statement of the general policies for the safe and healthy operation of all career and technical education programs, programs of study, cooperative education experiences, and apprenticeship training in hazardous occupations;
The individuals and/or groups responsible for implementing the Career and Technical Education Safety and Health Plan;
District board of education objectives for the Career and Technical Education Safety and Health Plan;
The procedures required for conducting a safety and health hazard analysis for each career and technical education program, program of study, cooperative education experience, and apprenticeship training in a hazardous occupation in operation, pursuant to the requirements of the State and Federal departments and agencies identified in N.J.A.C. 6A:16-6.4(a). Guidance for developing these procedures is contained in the New Jersey Safe Schools Manual for career and technical education. Procedures should include, but are not limited to:

i. Periodic inspections and maintenance of facilities, tools, machines, equipment, personal protective devices, and hazardous substances, and for the elimination of potential or identified hazards; and

ii. Specific statements of practices and precautions required for safe and healthy operation within each program;

Emergency procedures to be followed in the event of an injury, illness, hazardous spill, fire, or other emergency situation involving a student, teacher, or any other individual in the career and technical education classroom;
Methods to be used to ensure that all students participating in career and technical education programs, programs of study, cooperative education experiences, and apprenticeship training in hazardous occupations are provided safety and health education and training. Such education and training shall include, but not be limited to, the following:

i. Hazards and hazardous equipment, supplies, and materials associated with the career and technical education program, program of study, cooperative education experience, or apprenticeship training, including methods for incorporating the results of hazard analysis;

ii. Safe practices and precautions to be used to prevent injury and illness; and

iii. Procedures and methods to be used to document and assess students' knowledge of safety and health practices and procedures;

A system, which may include disciplinary action, to ensure that students comply with safe and healthy practices;

Procedures to ensure that all new career and technical education staff and students receive appropriate initial safety and health program training prior to working or participating in any career and technical education program, program of study, cooperative education experience, or apprenticeship training in a hazardous occupation; and

Procedures required for the investigation of all reportable incidents under N.J.A.C. 6A:19-6.5, Reporting requirements, and for implementation of a corrective action plan.

History

Recodified from N.J.A.C. 6A:19-6.5 and amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the section. Former N.J.A.C. 6A:19-6.4, Other applicable environmental, safety, and health rules, recodified to N.J.A.C. 6A:19-6.3.

N.J. Admin. Code § 6A:19-6.5 Reporting requirements

(a) District boards of education shall notify the Department of any reportable incident involving career and technical education program students, or staff, or others participating in any career and technical education program, program of study, cooperative education experience, or apprenticeship training. The report shall be made within five working days of the occurrence on the electronic incident reporting form supplied by the Department.

(b) District boards of education shall investigate reportable incidents and shall implement corrective action, as needed, to prevent similar incidents from being repeated in the future. The corrective action that is implemented shall be recorded on the electronic incident reporting form.

History

Recodified from N.J.A.C. 6A:19-6.6 and amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote (a); and in (b), inserted "electronic". Former N.J.A.C. 6A:19-6.5, Safety and health plan, recodified to N.J.A.C. 6A:19-6.4.

N.J. Admin. Code § 6A:19-6.6 Securing machines and equipment

(a) Each machine shall be so constructed, installed, and maintained as to be free from excessive vibration.

(b) Arbors and mandrels shall be so constructed, installed and maintained as to have firm and secure bearing and be free from play.

(c) Machines and equipment requiring the presence of an operator shall not be left unattended while in operation or still in motion.

(d) An electrical power control shall be provided on each machine to make it possible for the operator to cut off the power without leaving the operating position.

(e) On all nonportable motorized equipment and machinery, a magnetic-type switch shall be provided to prevent machines from automatically restarting upon restoration of power after an electrical failure or electric cutoff.

(f) Power controls and operating controls shall be located within easy reach of the operator while the operator is at the regular work location, thereby making it unnecessary to reach over the point of operation to make adjustments.

(g) Each machine operated by electrical power shall be provided with positive means for rendering it inoperative while repairs or tool changes are being made.

(h) Push-type emergency cutout switches shall be provided at appropriate locations within shops to de-energize the electrical supply to nonportable machinery in accordance with N.J.A.C. 6A:26-6.3(f)1.

(i) Power tools and machines in shops which generate dust shall be provided with dust collecting equipment in accordance with N.J.A.C. 6A:26-6.3(b)5.

History

Recodified from N.J.A.C. 6A:19-6.7 by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Former N.J.A.C. 6A:19-6.6, Reporting requirements, recodified to N.J.A.C. 6A:19-6.5.

N.J. Admin. Code § 6A:19-6.7 Storage of flammable and combustible materials

(a) Flammable and combustible liquids in storage shall be kept in the original closed container supplied by the manufacturer or in approved safety cans.

(b) Flammable or combustible liquids not in storage and ready for use shall be transferred from the original closed container to approved safety cans. This does not apply to finishing or other materials designed to be used from the original closed container, provided the container is resealed immediately after use.

(c) Approved oily waste cans shall be provided for the disposal of materials that have come into contact with flammable or combustible liquids or other materials that can support spontaneous combustion.

(d) Flammable or combustible liquids shall be stored in accordance with the requirements as specified in the 2003 National Fire Protection Association (NFPA) 30, "Flammable and Combustible Liquids Code," which is incorporated herein by reference, as amended and supplemented. This document may be purchased from the National Fire Protection Association, 1 Batterymarch Park, PO Box 9101, Quincy, MA 02169-7471.

History

Recodified from N.J.A.C. 6A:19-6.8 by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Former N.J.A.C. 6A:19-6.7, Securing machines and equipment, recodified to N.J.A.C. 6A:19-6.6.

N.J. Admin. Code § 6A:19-6.8 Reserved

History

Recodified to N.J.A.C. 6A:19-6.7 by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Section was "Storage of flammable and combustible materials".

Subchapter 7 PRIVATE CAREER SCHOOLS

N.J. Admin. Code § 6A:19-7.1 Purpose and authority

The rules in this subchapter define the programmatic requirements for private career schools, which are qualifying schools as defined in N.J.S.A. 34:15C-10.1, to award certificates to students to participate in the workforce development system, in accordance with N.J.S.A. 34:15D-1 et seq., and N.J.A.C. 12:41.

History

Amended by 49 N.J.R. 3679(a), effective 12/4/2017

N.J. Admin. Code § 6A:19-7.2 Definitions

The following words and terms shall have the following meanings when used in this subchapter unless the context clearly indicates otherwise.

"Advisory board" means a group selected by the private career school consisting of three or more experts proficient in the subject area of the curriculum to be taught, whose responsibility is to evaluate the curriculum for reliability and validity and to make recommendations for revisions, if necessary.

"Certificate of approval" means the document that provides evidence of the private career school's approval to operate issued by the Commissioners of the Departments of Education and Labor and Workforce Development, as prescribed in N.J.S.A. 34:15C-10.1 and more fully delineated in this subchapter.

"Clock hour" means 50 to 60 minutes of class lecture, recitation, faculty supervised laboratory, shop training, clinical experience, and/or internship in a 60-minute period. It also means 60 minutes of preparation in a correspondence course or distance learning as defined by Section 600.2, Higher Education Act of 1965 as amended.

"Course" means an organization of subject matter and related learning experiences designed to meet an occupational objective offered for the instruction of students on a systematic basis. It does not mean workshops, seminars, or conferences that last no longer than three days and, although designed to teach specific skills that may be applicable in a work setting and may incidentally lead to or enhance employment opportunities, are not sufficient in themselves to be considered a component of an instructional program.

"Director" means the director of the private career school who is on site during the hours of operation and who is responsible for the total administration of only one school site.

"Instructional program" means the planned sequence of courses, services, or activities designed to meet educational and employment objectives.

"Internship" means a period of supervised practical training that is part of an approved program and offered at a site other than the private career school and meets the following criteria:

The internship is of a fixed duration, established prior to the outset of the internship;
The internship experience is for the benefit of the student;
The employer that provides the training derives no immediate advantage from the activities of the student and on occasion its operations may actually be impeded; and
The student does not displace regular employees of the internship site, but works under close supervision of existing staff.

"Private career school" is a privately owned postsecondary school that offers one or more occupational training programs and is a qualifying school as defined by P.L. 2005, c. 354.

History

Amended by 49 N.J.R. 3679(a), effective 12/4/2017

N.J. Admin. Code § 6A:19-7.3 Application for instructional program approval and renewal

(a) Pursuant to N.J.S.A. 34:15C-10.1, the Department of Education is responsible for approving the following components of a private career school:

Curriculum; and
Personnel and professional credentialing.

(b) To be approved, a private career school shall provide evidence of the following in the application submitted for instructional program approval using forms provided in the Private Career School Manual:

An instructional program that is based on specific occupational objectives and competencies, and is aligned with nationally recognized industry skill standards or certifications, or other nationally recognized curriculum sources. Where no such skill standards or certifications exist, the private career school shall establish an advisory board to evaluate each curriculum for reliability and validity.
A course of study comprising:

i. The major elements of instruction;

ii. The number of instructional hours;

iii. A description of the method of instruction;

iv. A delineation of the educational space;

v. A list of equipment, tools, and text materials that shall be aligned to the competencies and skills that will be taught; and

vi. Assessment instruments to measure student and instructor performance in accordance with State, national, or industry standards including, where applicable, the national or State license or certification examination.

Owner(s)' and director(s)' resumes and letters of reference.

A school catalog as prescribed by N.J.A.C. 12:41-2.2(b)13.

(c) The application for renewal of a certificate of approval to operate a private career school or correspondence school shall be submitted by the approved private career school not less than 90 calendar days prior to the expiration of the existing Certificate of Approval in accordance with N.J.A.C. 12:41-2.4.

History

Amended by 49 N.J.R. 3679(a), effective 12/4/2017

N.J. Admin. Code § 6A:19-7.4 Application for facilities approval

Prior to the issuance of a certificate of approval, private career schools shall obtain verification by the New Jersey Departments of Education and Labor and Workforce Development that the facilities, instructional equipment, text books, and supplies identified in the application for instructional program approval are available and support the curriculum.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the section.

N.J. Admin. Code § 6A:19-7.5 Operations

(a) A private career school shall ensure that education and training programs are designed and delivered in such a way that all students are able to demonstrate the knowledge and skills specified in the approved program application according to N.J.A.C. 6A:19-7.3.

(b) A private career school shall ensure the quality of education and training facilities through the use of nationally recognized standards of operation approved by one of the national accrediting agencies recognized by the U.S. Secretary of Education.

Curricula;
Grading policies;
Program length in clock hours or credit hours (if accredited), the subject matters taught, and the objectives of the certificates or credentials offered;
Success with respect to student achievement in relation to mission, including, as appropriate, consideration of course completion, State licensing examination passing rates, and job placement rates; and
Personnel:

i. The private career school director shall have completed six years of academic, military, and/or job-related experience beyond high school graduation that includes a minimum of two years of practical experience in a supervisory, administrative, or teaching position;

ii. Faculty of the private career school shall meet the following qualifications:

(1) Proof of a high school diploma or GED;

(2) Proof of successful completion of a curriculum and instruction course offered through an accredited college; and

(3) Competency in the subject(s) to be taught as demonstrated by possession of one of the following:

(A) An appropriate instructional certificate issued by the State Board of Examiners, or a comparable teaching certificate issued by a recognized certifying authority in another state with which the State Board of Examiners has reciprocity;

(B) An industry certification in the occupational area to be taught and at least two years of documented full-time employment experience in the occupational area within the past 10 years;

(D) Evidence of attainment of a journeyperson's status by possessing a certificate of completion of a registered apprenticeship training in the subject to be taught, with at least two years of documented full-time employment experience within the past 10 years;

(E) A certificate of completion in the occupational area to be taught from an approved private career school or hold the appropriate State-issued occupational license in the occupational area to be taught, and a minimum of two years of documented full-time employment in the occupation, within the past 10 years;

(F) An associate degree from an accredited college, with a major or specialization in the subject to be taught, and a minimum of two years of documented full-time employment in the occupational area to be taught within the past 10 years; or

(G) A minimum of four years of documented full-time employment in the occupational area to be taught within the past 10 years.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the section.

N.J. Admin. Code § 6A:19-7.6 Monitoring and site visits

Each approved private career school shall be monitored by the Department of Education a minimum of once every two years, or according to a schedule established by the Commissioner. The Commissioners of the Departments of Education and Labor and Workforce Development shall review monitoring reports when determining the continuation or suspension of the certificate of approval held by the private career school for the institution or its program.

History

Amended by R.2013 d.122, effective 10/7/2013.
See: 45 N.J.R. 404(a), 45 N.J.R. 2239(a).
Rewrote the section.

Chapter 20 ADULT EDUCATION PROGRAMS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:20-1.1 Purpose and function

(a) The Adult Education Unit within the Office of Career Readiness in the New Jersey Department of Education is responsible for:

Providing educational leadership for the programs cited in this chapter;

Supervising NJHSEA testing centers;

Evaluating college transcripts of persons applying for a State-issued high school diploma, pursuant to N.J.A.C. 6A:20-1.4(a)2;
Awarding State-issued high school diplomas to applicants meeting the requirements for diploma issuance; and
Reviewing data on adults without high school diplomas to help ensure programming is meeting their needs.

History

Amended by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise.

"Accredited" means a traditional high school, a private career school, or a traditional or online college, or university has met the criteria and standards set by an appropriate accrediting agency, such as the Middle States Association.

"Adult high school" means a district board of education school that conducts supervised educational activities in the day or evening to provide persons 16 years of age or older with the necessary instruction to enable them to complete the requirements for a locally issued, State-endorsed diploma. Each adult high school has a separate County District School (CDS) System code from the school district.

"County District School (CDS) System" means an information system located on the New Jersey Department of Education's website that collects and tracks data about educational entities in New Jersey that receive State or Federal funds.

"DD-214" means a United States Department of Defense form issued to all members of the military that describes their service record.

"Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

"Educational plan" means a signed and dated document developed by the student and a professional staff member of the adult high school.

"Emancipated minor" means a person 16 or 17 years of age who resides in an independent housing arrangement and is not responsible to a natural or resource family parent(s) or guardian(s).

"English language proficiency" means the full command of language skills, including proficiency in listening, speaking, reading, and writing of the English language. English language proficiency is defined operationally as the passing score on an English language proficiency test. To attain proficiency in the English language requires more time than to attain fluency.

"Full-time employment" means work that is at least 30 hours per week.

"Multilingual learner" or "ML" means a student whose native language is other than English. The term refers to students with varying degrees of English language proficiency in any one of the domains of speaking, reading, writing, or listening and is synonymous with limited English-speaking ability as used at N.J.S.A. 18A:35-15 through 26.

"New Jersey High School Equivalency Assessment" or "NJHSEA" means any of the assessments approved by the State Board of Education for achieving a New Jersey State-issued high school diploma.

"Occupational license" means the license required to ensure that only qualified individuals work in occupations that affect the health and safety of the public in the State. Individuals seeking such a license must meet specific qualifications mandated by State law, rules, or regulation.

"Official transcript" means a person's record of high school, adult high school, or college courses, grades, and credits awarded, or a record of an NJHSEA or other assessment approved by the State Board of Education.

"Part-time employment" means work that is more than 15 hours but less than 30 hours per week.

"Proficiency" means an explicitly stated and demonstrable knowledge and/or skill used to define a desired learning outcome.

"Proprietary school" means a privately owned school, such as a private career and technical school.

"Remedial college courses" means courses taken at an accredited college or university that are not applied toward graduation and for which no college academic credit is awarded.

"Senior standing" means one year or less of credit hours remaining in order to meet high school graduation requirements.

"State-endorsed diploma" means a locally issued document awarded to an exiting student indicating successful completion of high school graduation requirements.

"State-issued high school diploma" means a high school diploma 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.

"Statement of responsibilities" means an agreement signed by both the student and a representative of an adult high school establishing the requirements of the student and the representative to engage in a successful academic program.

"Traditional course" means a course that has specified lengths of time for a specific number of class meetings and the completion of activities necessary to achieve the accepted level of proficiencies for the award of credit.

History

Amended by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-1.3 Eligibility requirements to earn a State-issued high school diploma

(a) To participate in programs that lead to a State-issued high school diploma, a person shall be a New Jersey resident at least 16 years of age and no longer enrolled in school and shall have not yet obtained a high school diploma in New Jersey or any other state.

(b) Requests to participate in programs that lead to a State-issued high school diploma from persons 16 or 17 years of age residing with a natural or resource family parent or guardian shall be accompanied by a Certificate of Consent (available at https://www.nj.gov/education/ adulted/) signed by a natural or resource family parent, guardian, probation or parole officer, State rehabilitation counselor, or a judge.

(c) Requests to participate in programs that lead to a State-issued high school diploma from persons 16 or 17 years of age residing in a State, county, or municipal institution, or in a residential program, shall be accompanied by a Certificate of Consent signed by either a natural or resource family parent or guardian, or a surrogate parent when neither is available.

Each institution shall ensure the rights of persons 16 or 17 years of age are protected through the provision of a surrogate parent who shall assume all parental rights under this chapter, when either:

i. The parent(s) cannot be located after reasonable efforts; or

ii. The person 16 or 17 years of age is a ward of the State of New Jersey, as determined by the New Jersey Department of Children and Families, Division of Child Protection and Permanency.

Each institution shall establish a method for selecting and training surrogate parents.
The person serving as a surrogate parent shall have:

i. No interest that conflicts with the interests of the person 16 or 17 years of age he or she represents; and

ii. Knowledge and skills to ensure adequate representation of the person 16 or 17 years of age.

A surrogate parent may be paid solely to act in that capacity. Persons serving as surrogate parents may not otherwise be employees of the institution.

(d) Requests by emancipated minors to participate in programs that lead to a State-issued high school diploma shall be accompanied by a Certificate of Consent signed by a judge appointed in the State of New Jersey.

(e) Programs that lead to a State-issued high school diploma shall accept, as space allows, all requests to participate from persons eligible under this section. Participation in programs shall not be limited in any way, except with respect to the availability of facilities and teaching personnel. Participants shall not be denied access to a program because of their place of residency, as long as they are a New Jersey resident.

History

Amended by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-1.4 Application, evaluation, and validation for a State-issued high school diploma

(a) The following methods may be used to apply for a State-issued high school diploma:

Take and pass an NJHSEA.

i. Statewide standard scores for passage of an NJHSEA shall be set by a resolution of the State Board of Education.

ii. To request a copy of an NJHSEA transcript and diploma verification a person shall submit to the Department of Education (Department) a signed, written request.

To request a State-issued high school diploma based on the evaluation of college coursework, a person shall submit to the Department a signed Commissioner-provided application (available at https://www.nj.gov/education/students/adulted/30ccapp.pdf). Persons seeking evaluation of college coursework shall provide to the Department an official transcript from each academic institution from which coursework is to be evaluated, as well as documentation of New Jersey residency as set forth at N.J.A.C. 6A:22-3.4(a). A person who qualifies will have 30 general education credits leading to a degree at an accredited institution of higher education. Persons meeting these requirements will receive a State-issued high school diploma.

i. Included in the 30 general education credits must be a minimum of three credits each in: English language arts; mathematics; science; and social studies; and a total of six credits from one or more of the following subjects: visual and performing arts; comprehensive health and physical education; world languages; technology; and 21st century life and careers. The remaining 12 credits may be taken from any other elective college courses.

ii. Remedial college courses shall not count toward the requirement.

iii. The minimum average grade for the 30 credits shall be a C or 2.0.

History

Amended by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-1.5 Fees for a State-issued high school diploma

(a) Persons submitting applications for a State-issued high school diploma by examination or reexamination shall pay a fee appropriate to the NJHSEA(s). Upon application to take or retake an NJHSEA, the test center or test vendor shall provide the applicant with a document verifying payment of the appropriate fee and designating a six-month time frame during which the applicant may take the test or retest(s). The applicant shall present the payment certification document at the time of testing.

(b) By contractual agreement with the Department of Education, the New Jersey Department of Corrections, the Juvenile Justice Commission, and the Department of Children and Families may agree to pay for and administer the test to persons housed under the agencies' custody and supervision without charge to the candidate.

History

Amended by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-1.6 Reserved

History

Reserved by 53 N.J.R. 159(b), effective 2/1/2021

Subchapter 2 ADULT HIGH SCHOOLS

N.J. Admin. Code § 6A:20-2.1 General provisions

(a) A district board of education may open and operate adult high schools, which shall offer students opportunity, accessibility, and flexibility while maintaining high standards inherent in the awarding of a high school diploma pursuant to N.J.S.A. 18A:50-1 et seq. Courses shall be sufficiently varied to meet the educational needs of students and shall be designed to challenge students to achieve their highest level of educational ability.

(b) An adult high school program shall develop for each student an educational plan reflecting the student's past academic record, an analysis of past experiences for which credit may be awarded pursuant to N.J.A.C. 6A:20-2.6, graduation requirements, and a proposed schedule of courses for the current school year leading to completion of graduation requirements.

History

Amended by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-2.2 Eligibility for enrollment

(a) To qualify for enrollment in an adult high school, a person shall:

Be a New Jersey resident at least 16 years of age.

i. A student enrolled in secondary school with senior standing who lacks an opportunity to take at his or her secondary school courses that are available in an adult high school shall be eligible to take courses at the adult high school provided the chief school administrators of both the sending and receiving school districts approve in a written joint agreement the participation of the student on a space-available basis in the adult high school. The written approval shall explicitly state the course(s) to be taken, the credits offered for each subject, and the time frame covered by the agreement. Tuition established by the receiving school district on a cost-recovery basis may be charged to the sending school district for students enrolled under this exception, if applicable;

Have not earned a State-endorsed or a State-issued high school diploma;

i. Persons holding State-endorsed high school diplomas may enroll in an adult high school on a space-available basis for the express purpose of supplementing their high school record. Tuition established by the host school district on a cost-recovery basis may be charged to persons enrolling under this exception; and

Complete and sign a locally created application for enrollment, including a statement of responsibilities.

History

Amended by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-2.3 Multilingual learners

(a) Multilingual learners shall be required to demonstrate language proficiency on a State-approved English proficiency assessment at a score level determined by the State Board of Education.

Multilingual learners shall be referred to appropriate classes in the adult high school to attain English language proficiency. If the language improvement needs of the individual cannot be met by the adult high school, then the principal shall refer the person to a New Jersey Department of Labor and Workforce Development Career Connections site (http://careerconnections.nj.gov/).

History

Amended by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-2.4 Individuals with disabilities

(a) For an individual with a previous individualized education program (IEP) seeking similar services at an adult high school, the principal of the adult high school shall request, with the written consent of the individual, the most recent evaluation and IEP for the individual from the high school of last attendance, provided the evaluation was made within the last three years.

The principal shall review the IEP to determine the services required by the plan and the availability of such services at the adult high school.

i. If the IEP can be carried out, it shall serve as the instructional guide for the individual.

ii. If the principal determines the IEP cannot be carried out, the principal shall promptly refer the individual to the nearest adult high school with staff available to offer the special services required in the IEP or to the appropriate county or State agencies or institutions with resources and personnel able to serve the individual's needs.

If the evaluation was made more than three years prior to application to the adult high school, the IEP may not serve as a guide for the individual's instructional program at the adult high school. The individual shall be referred to the IEP team for a reevaluation in accordance with N.J.A.C. 6A:14, Special Education.

(b) For an individual who previously had a 504 plan, the principal of the adult high school shall request, with the written consent of the individual, the most recent 504 plan for the individual from the high school of last attendance, provided the evaluation was made within the last year. The school district shall determine if the 504 plan needs to continue, be discontinued, and/or updated. The principal of an adult high school may request a doctor's note with a rationale and treatment plan to verify the continued need for the 504 plan.

(c) An individual with a disability who does not qualify for special education and related services, pursuant to (a) above and N.J.A.C. 6A:14, and who does not have a previous 504 plan shall be counseled regarding educational options that would lead to a high school diploma.

History

Amended and Recodified to N.J.A.C. 6A:20-2.5 by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-2.5 Graduation

(a) A district board of education operating an adult high school shall adopt policies for adult high school graduation requirements pursuant to N.J.A.C. 6A:8-5.1. Policies shall include passing the Statewide assessment for graduation pursuant to N.J.A.C. 6A:8-5.1.

Students who are enrolled in an adult high school and are unable to pass the Statewide assessment for graduation, pursuant to N.J.A.C. 6A:8-5.1, shall receive further evaluation through the portfolio appeal process, pursuant to N.J.A.C. 6A:8-5.1.
Multilingual learners who are enrolled in an adult high school and are unable to pass the Statewide assessment for graduation, required at N.J.A.C. 6A:8-5.1, shall receive further evaluation pursuant to N.J.A.C. 6A:8-5.1(h), and shall demonstrate English language fluency on a Department-approved English proficiency assessment. The portfolio appeals process shall be undertaken in the multilingual learner's native language, when available.

(b) A district board of education operating an adult high school shall ensure that students meet the requirements for high school graduation pursuant to N.J.A.C. 6A:8-5.

(c) The staff of each adult high school shall distribute to each entering student a copy of all State and local adult high school graduation requirements. At the beginning of each course, all students shall receive a list of proficiencies required for successful completion of the course.

(d) Successful completion of the requirements set forth at (a) and (b) above, and the requirements established by the district board of education, shall be required as conditions for awarding a locally issued, State-endorsed diploma.

(e) No district board of education shall issue a State-endorsed high school diploma without State approval of the adult high school program.

(f) No district board of education shall issue a State-endorsed high school diploma without signed verifications for all credit awarded for experience and an official transcript(s) being on file.

History

Amended and Recodified from N.J.A.C. 6A:20-2.4 by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-2.6 Award of credit

(a) A district board of education operating an adult high school shall annually adopt, at a public meeting, policies that provide for the awarding of credit, subject to the following:

Credits verified by an official transcript may be transferred from accredited or State-approved high schools or institutions. Experiences being considered for transferred credit from proprietary schools or public vocational training programs shall be assessed in terms of proficiencies for school district courses offering similar experiences.

i. An official transcript shall have either of the following indicators: a raised seal or the original signature of a school administrator.

Courses taken at an accredited college that lead to a degree and are not remedial courses shall be verified by an official transcript. One and two-thirds credits may be awarded for each college credit.
Credits may be awarded for physical education and basic military training with the following limitations:

i. Up to 15 credits may be awarded for previously earned high school physical education credits verified by an official transcript;

ii. Up to 10 credits verified by a DD-214 form may be awarded for basic military training; and

iii. The combination of (a)3i and ii above shall not exceed 15 credits.

A maximum of two and one-half credits in health and safety may be awarded for the possession of a valid New Jersey driver's license if credit for driver's education has not been awarded.
Credit may be awarded for work experience with the following limitations:

i. Two and one-half credits may be awarded for each 12 months of full-time employment verified by a signed statement from an employer(s);

ii. Two and one-half credits may be awarded for each 24 months of part-time employment verified by a signed statement from an employer(s); and

iii. The combination of (a)5i and ii above shall not exceed 10 credits and may not duplicate credits awarded for apprentice training, an occupational license or on-the-job training.

Credits may be awarded for completion of apprentice training with the following limitations:

i. The apprentice training must be approved by the New Jersey Department of Labor and Workforce Development;

ii. Completion of training, which includes related technical instruction (RTI) and on-the-job training (OJT), shall be verified by a signed document from the registered apprentice sponsor;

iii. The award shall not exceed 20 credits and shall not duplicate credits awarded for work experiences, an occupational license, on-the-job training, or transferred credit from an official transcript; and

iv. The New Jersey Department of Labor and Workforce Development periodically announces the apprenticeship titles eligible for the award of credit and the amount of credit to be awarded.

Credit may be awarded for possession of a current occupational license issued by a State agency, with the following limitations:

i. A maximum of five credits may be awarded for a current occupational license;

ii. The New Jersey Department of Labor and Workforce Development periodically announces the occupational titles eligible for the award of credit;

iii. Credit may be awarded for only one occupational license; and

iv. Credit awarded for an occupational license shall not duplicate credit awarded for work experience, on-the-job training, apprenticeship, or transferred credit from an official transcript.

Credits may be awarded for on-the-job training and advanced military training with the following limitations:

i. Five credits may be awarded for each 120 hours of on-the-job training that is formally supervised, follows a prescribed training outline, and is verified by a signed statement from the employer;

ii. One credit for each week of advanced military training that is verified by the Military Occupational Specialty designation on the DD-214 form not to exceed 10 credits; and

iii. The combination of (a)8i and ii above shall not exceed 20 credits and may not duplicate credits for work experience, apprentice training, or an occupational license.

The cumulative award of credit for (a)5, 6, 7, and 8 above shall not exceed 30 credits.
Credit may be awarded for passing a comprehensive examination with the following limitations:

i. The award shall not exceed five credits;

ii. The comprehensive examination shall be part of an approved course and may be used only to award credit for a single course; and

iii. The comprehensive examination may not be a standardized test, such as an NJHSEA.

Credit may be awarded for remedial coursework in English language arts and mathematics only to persons who have demonstrated reading, writing, or mathematical proficiency below the ninth grade level on a commercially available, nationally normed, standardized test for adults or to persons unable to pass the Statewide assessment for graduation pursuant to N.J.A. C. N.J.A.C. 6A:8-5.1.

i. The award of credit may not exceed 20 credits in English language arts and 20 credits in mathematics.

Credit may be awarded for coursework in English as a second language (ESL).

i. The award of credit in ESL may not exceed 20 credits.

ii. ESL courses shall be offered only as traditional courses.

History

Amended and Recodified from N.J.A.C. 6A:20-2.5 by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-2.7 Awarding credit for foreign studies

Credit for the equivalent of American secondary school studies experienced in a foreign country shall be reviewed by the school district operating the adult high school. If the school district cannot review the secondary studies experienced in a foreign country, the secondary studies shall be reviewed by a recognized foreign credential evaluation expert or service. The cost of the foreign credential evaluation expert or service shall be borne by the student.

History

Amended and Recodified from N.J.A.C. 6A:20-2.6 by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-2.8 Maintaining student records

Each adult high school shall have the responsibility to compile, maintain, and retain student records, including daily attendance records, and to regulate access to and security of such records

History

Administrative change.
See: 46 N.J.R. 1743(a).

N.J. Admin. Code § 6A:20-2.9 Staffing

(a) The adult high school shall have an adequate number of professional staff, properly certified for their respective assignments; however, persons involved in adult advisement shall be certified as either a principal, supervisor, counselor, or teacher.

(b) District boards of education shall assign to professional staff members only position titles recognized in N.J.A.C. 6A:9B, State Board of Examiners and Certification.

History

Recodified from N.J.A.C. 6A:20-2.8 by 53 N.J.R. 159(b), effective 2/1/2021

N.J. Admin. Code § 6A:20-2.10 Special conditions

The rules set forth elsewhere in N.J.A.C. 6A governing the operation of a high school within a school district shall govern the operation of an adult high school, unless otherwise explicitly stated in this subchapter.

History

Recodified from N.J.A.C. 6A:20-2.9 by 53 N.J.R. 159(b), effective 2/1/2021

Chapter 21 MARIE H. KATZENBACH SCHOOL FOR THE DEAF

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:21-1.1 Purpose and scope

(a) This chapter provides the rules regarding eligibility, admission, and graduation of students at the Marie H. Katzenbach School for the Deaf (Katzenbach School) in accordance with N.J.S.A. 18A:61-1 et seq. The rules also provide for an appeals process if a student is refused admission to the Katzenbach School.

(b) The rules govern district boards of education that apply to enroll students at the Katzenbach School.

History

Amended by 49 N.J.R. 3680(a), effective 12/4/2017

N.J. Admin. Code § 6A:21-1.2 Definitions

The following words and terms shall have the following meaning when used in this chapter, unless the content clearly indicates otherwise.

"Marie H. Katzenbach School for the Deaf" or "Katzenbach School" means the State-operated residential and day education facility that provides instruction for auditorily impaired students in the following areas: early intervention, preschool through high school, and vocational education.

"Residential student" means a student who boards at the Katzenbach School Monday through Thursday during the school year.

"Sending district board of education" means a district board of education that applies to, or sends a student to, the Katzenbach School.

"Student" means an auditorily impaired (deaf or hard-of-hearing) person of suitable age and capacity for instruction and services, who is a legal resident of the State and not over 21 years of age.

History

Amended by 49 N.J.R. 3680(a), effective 12/4/2017

Subchapter 2 ADMISSIONS, TUITION, AND GRADUATION PROCEDURES

N.J. Admin. Code § 6A:21-2.1 Student eligibility for admission

(a) A student age three through 21 shall be eligible to attend the Katzenbach School based on the following criteria:

All students shall be classified, in accordance with N.J.S.A. 18A:46-8 and as defined in N.J.A.C. 6A:14-3.5, as auditorily impaired, preschool-disabled, or multiply disabled with an auditory deficit.
Students shall have a residence other than the Katzenbach School on days when the school is not in operation, including weekends.

(b) No eligible student who is domiciled in New Jersey shall be denied admission due to the enrollment of out-of-State students.

History

Amended by 49 N.J.R. 3680(a), effective 12/4/2017

N.J. Admin. Code § 6A:21-2.2 Tuition

(a) The education provided at the Katzenbach School shall be provided at no expense to auditorily impaired children or their parents or guardians if:

The parents or guardians reside in the State;

The student is domiciled within the State; or

The student resides in the home of another person domiciled within the State and is supported gratis by that person as if the student were that person's own child, subject to the requirements of N.J.S.A. 18A:38-1.b.

(b) The Commissioner shall establish the tuition rate charged to out-of-State students.

History

Amended by 49 N.J.R. 3680(a), effective 12/4/2017

N.J. Admin. Code § 6A:21-2.3 Graduation

(a) An enrolled student who completes the high school program at the Katzenbach School and who has satisfied the high school graduation requirements according to N.J.A.C. 6A:8-5.1 and 6A:14-3.7(e)9 and 4.11 shall be eligible for a State-endorsed high school diploma.

The student shall have the choice of receiving the State-endorsed high school diploma of the Katzenbach School or the sending district board of education, pursuant to N.J.A.C. 6A:14-4.11(c).

(b) All student records shall be maintained in accordance with N.J.A.C. 6A:14-7.9.

History

Amended by 49 N.J.R. 3680(a), effective 12/4/2017

Subchapter 3 SENDING DISTRICT BOARD OF EDUCATION REQUIREMENTS

N.J. Admin. Code § 6A:21-3.1 Admissions process

(a) The sending district board of education shall apply for a student's admission to the Katzenbach School by submitting a completed application form that includes:

Information regarding the student and the school district; and
Copies of the student's individualized education program and other supporting documentation as determined and requested by the Katzenbach School.

(b) The Katzenbach School superintendent shall notify the parent/guardian and sending district board of education regarding the disposition of the student's application within 30 calendar days of the application's receipt.

History

Amended by 49 N.J.R. 3680(a), effective 12/4/2017

N.J. Admin. Code § 6A:21-3.2 Reserved

History

Repealed by R.2001 d.17, effective 1/2/2001.
See: 32 New Jersey Register 3695(a), 33 New Jersey Register 31(a).
Section was "Transportation of students to the Katzenbach School".

Subchapter 4 APPEALS

N.J. Admin. Code § 6A:21-4.1 Appeals

A student denied admission to the Katzenbach School, or his or her parent or guardian, may seek to initiate a due process hearing in accordance with N.J.A.C. 6A:14-2.7. All appeals regarding the chapter's rules by a party other than a student, or his or her parent or guardian, shall be made in writing to the Commissioner of Education in accordance with N.J.A.C. 6A:3-1.2 to 1.17.

History

Amended by 49 N.J.R. 3680(a), effective 12/4/2017

Chapter 22 STUDENT RESIDENCY

Subchapter 1 PURPOSE, SCOPE AND DEFINITIONS

N.J. Admin. Code § 6A:22-1.1 Purpose and scope

(a) The rules in this chapter have been adopted to implement N.J.S.A. 18A:38-1.a through e. Other than by reference to the applicable statutes and rules, the chapter does not address attendance at school by nonresidents (N.J.S.A. 18A:38-3.a); children of certain military parents (N.J.S.A. 18A:38-3.b and N.J.S.A. N.J.S.A. 18A:38-3.1); children residing on Federal property (N.J.S.A. 18A:38-7.7 et seq.); or persons qualifying pursuant to N.J.S.A. 18A:38-1.f, which provides for attendance by homeless students and is implemented through N.J.A.C. 6A:17-2, Education of Homeless Children and Youths.

(b) The provisions of this chapter shall apply to students between five and 20 years of age, pursuant to N.J.S.A. 18A:38-1, and to younger or older students otherwise entitled by law to free public education.

(c) The provisions of this chapter shall be liberally construed so as to effectuate a student's constitutional and statutory right to a free public education.

History

Amended by 49 N.J.R. 1037(a), effective 5/1/2017

N.J. Admin. Code § 6A:22-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter unless the content clearly indicates otherwise.

"Affidavit student" means a student attending, or seeking to attend, school in a school district pursuant to N.J.S.A. 18A:38-1.b and N.J.A.C. 6A:22-3.2(a).

"Appeal" means contested case proceedings before the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

"Applicant" means a parent, guardian, or a resident supporting an affidavit student who seeks to enroll a student in a school district; or an unaccompanied homeless youth or adult student who seeks to enroll in a school district.

"Guardian" means a person to whom a court of competent jurisdiction has awarded guardianship or custody of a child, provided that a residential custody order shall entitle a child to attend school in the residential custodian's school district unless it can be proven that the child does not actually live with the custodian. It also means the Department of Children and Families for purposes of N.J.S.A. 18A:38-1.e.

History

Recodified from N.J.A.C. 6A:28-2.2 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Rewrote the introductory paragraph and added a N.J.A.C. reference in "Affidavit student".
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Added definitions "Appeal to the Commissioner" and "Guardian".
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
In the introductory paragraph, deleted ", when used in this chapter," preceding "shall", and inserted "when used in this chapter"; in definition "Affidavit student", inserted "school", and updated the N.J.S.A. references; substituted definition "Appeal" for definition " 'Appeal to the Commissioner' or 'appeal' "; in definition "Appeal", deleted "of Education" following "Commissioner", and inserted ", Controversies and Disputes"; added definition "Applicant"; deleted definition "Commissioner"; and rewrote definition "Guardian".

Subchapter 2 DISTRICT BOARD OF EDUCATION POLICIES

N.J. Admin. Code § 6A:22-2.1 Adoption by district board of education

(a) Each district board of education shall adopt written policies and procedures incorporating the chapter's requirements, and shall make copies available to parents and the public.

(b) In all such policies and procedures, a district board of education shall construe liberally the chapter's provisions to effectuate students' constitutional and statutory right to a free public education.

(c) The district board of education shall apply the policies for determining a student's residency consistently for all of its students, including students who attend charter schools, renaissance school projects, and out-of-district placements.

History

Recodified from N.J.A.C. 6A:28-2.3 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Inserted references to policies and procedures and substituted "chapter" for "subchapter" throughout; in (b), inserted "of education" following "district board".
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
In (b), inserted "constitutional and statutory".
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
In (a), inserted "chapter's", and substituted a comma for "of this chapter"; and rewrote (b).

N.J. Admin. Code § 6A:22-2.2 Discretionary admission of nonresident students

Nothing in this chapter shall be construed to limit a district board of education's discretion to admit nonresident students, or the ability of a nonresident student to attend school with the payment of tuition and the accepting district board of education's consent, pursuant to N.J.S.A. 18A:38-3.a.

History

New Rule, R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the section.

Subchapter 3 ELIGIBILITY TO ATTEND SCHOOL

N.J. Admin. Code § 6A:22-3.1 Students domiciled within the school district

(a) A student is eligible to attend a school district if the student is domiciled within the school district.

A student is domiciled in the school district when the student is the child of a parent or guardian whose domicile is located within the school district.

i. When a student's parents or guardians are domiciled within different school districts and there is no court order or written agreement between the parents designating the school district of attendance, the student's domicile is the school district of the parent or guardian with whom the student lives for the majority of the school year. This subparagraph shall apply regardless of which parent has legal custody.

ii. When a student's physical custody is shared on an equal-time, alternating week/month or other similar basis so the student is not living with one parent or guardian for a majority of the school year and there is no court order or written agreement between the parents designating the school district of attendance, the student's domicile is the present domicile of the parent or guardian with whom the student resided on the last school day prior to the October 16 preceding the application date.

(1) When a student resided with both parents or guardians, or with neither parent or guardian, on the last school day prior to the preceding October 16, the student's domicile is that of the parent or guardian with whom the parents or guardians indicate the student will be residing on the last school day prior to the ensuing October 16. When the parents or guardians do not designate or cannot agree upon the student's likely residence as of that date, or if on that date the student is not residing with the parent or guardian previously indicated, the student shall attend school in the school district of domicile of the parent or guardian with whom the student actually lives as of the last school day prior to October 16.

(2) When the domicile of a student with disabilities as defined at N.J.A.C. 6A:14, Special Education, cannot be determined pursuant to this section, nothing in this section shall preclude an equitable determination of shared responsibility for the cost of the student's out-of-district placement.

iii. When a student is living with a person other than a parent or guardian, nothing in this section is intended to limit the student's right to attend school in the parent or guardian's school district of domicile pursuant to this chapter.

iv. No school district shall be required to provide transportation for a student who resides outside the school district for all or part of the school year unless transportation is based upon the home of the parent or guardian domiciled within the school district or otherwise required by law.

A student is domiciled in the school district when the student has reached the age of 18 or is emancipated from the care and custody of a parent or guardian and has established a domicile within the school district.
A student is domiciled in the school district when the student has come from outside the State and is living with a person domiciled in the school district who will be applying for guardianship of the student upon expiration of the six-month "waiting period" of State residency required pursuant to N.J.S.A. 2A:34-54 ("home state" definition) and 65.a(1). However, a student may later be subject to removal proceedings if application for guardianship is not made within a reasonable period of time following expiration of the mandatory waiting period, or if guardianship is applied for and denied.
A student is domiciled in the school district when the student's parent or guardian resides within the school district on an all-year-round basis for one year or more, notwithstanding the existence of a domicile elsewhere.
A student is domiciled in the school district if the Department of Children and Families is acting as the student's guardian and has placed the student in the school district.

(b) When a student's dwelling is located within two or more school districts, or bears a mailing address that does not reflect the dwelling's physical location within a municipality, the school district of domicile for school attendance purposes shall be the municipality to which the majority of the dwelling's or unit's property tax is paid.

When property tax is paid in equal amounts to two or more municipalities and there is no established assignment for students residing in the affected dwellings, the school district of domicile for school attendance purposes shall be determined through assessment of individual proofs of eligibility provided pursuant to N.J.A.C. 6A:22-3.4.
This provision shall not preclude the attendance of currently enrolled students who were permitted to attend the school district prior to December 17, 2001.

(c) Nothing in this section shall exclude a student's right to attend the school district of domicile although the student is qualified to attend a different school district pursuant to N.J.S.A. 18A:38-1.b.1 or the temporary residency (less than one year) provision at N.J.S.A. 18A:38-1.d.

History

Recodified in part from N.J.A.C. 6A:28-2.4 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
In (a), substituted "any student domiciled within the school district who is" for "the following persons"; inserted "school" preceding "district" throughout; redesignated paragraphs throughout; in new (a)2, inserted "has reached the age of 18 or" preceding "emancipated" and deleted "independently" preceding "established a permanent"; added (b)2.
Administrative correction.
See: 37 N.J.R. 2675(a).
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Rewrote (a) and the introductory paragraph of (b); and added (c).
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the section.

N.J. Admin. Code § 6A:22-3.2 Other students eligible to attend school

(a) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-1.b if the student is kept in the home of a person other than the student's parent or guardian, and the person is domiciled in the school district and is supporting the student without remuneration as if the student were the person's own child.

A student is not eligible to attend a school district pursuant to this provision unless:

i. The student's parent or guardian has filed, together with documentation to support its validity, a sworn statement that the parent or guardian is not capable of supporting or providing care for the student due to family or economic hardship and the student is not residing with the other person solely for the purpose of receiving a free public education; and

ii. The person keeping the student has filed, if so required by the district board of education:

(1) A sworn statement that the person is domiciled within the school district, is supporting the child without remuneration and intends to do so for a time longer than the school term, and will assume all personal obligations for the student pertaining to school requirements; and

(2) A copy of the person's lease if a tenant, a sworn landlord's statement if residing as a tenant without written lease, or a mortgage or tax bill if an owner.

A student shall not be deemed ineligible pursuant to this subsection because required sworn statement(s) cannot be obtained when evidence is presented that the underlying requirements of the law are being met, notwithstanding the inability of the resident or student to obtain the sworn statement(s).
A student shall not be deemed ineligible pursuant to this subsection when evidence is presented that the student has no home or possibility of school attendance other than with a school district resident who is not the student's parent or guardian but is acting as the sole caretaker and supporter of the student.
A student shall not be deemed ineligible pursuant to this subsection solely because a parent or guardian gives occasional gifts or makes limited contributions, financial or otherwise, toward the student's welfare provided the resident keeping the student receives from the parent or guardian no payment or other remuneration for regular maintenance of the student.
Pursuant to N.J.S.A. 18A:38-1.c, any person who fraudulently allows a child of another person to use the person's residence and is not the primary financial supporter of the child and any person who fraudulently claims to have given up custody of their child to a person in another school district commits a disorderly persons offense.

(b) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-1.b if the student is kept in the home of a person domiciled in the school district who is not the parent or guardian and the parent or guardian is a member of the New Jersey National Guard or the reserve component of the United States armed forces and has been ordered into active military service in the United States armed forces in time of war or national emergency.

Eligibility pursuant to this subsection shall cease at the end of the school year during which the parent or guardian returns from active military duty.

(c) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-1.d if the student's parent or guardian temporarily resides within the school district and elects to have the student attend the school district of temporary residence, notwithstanding the existence of a domicile elsewhere.

When required by the district board of education, the parent or guardian shall demonstrate the temporary residence is not solely for purposes of the student attending the school district of temporary residence;
When one of a student's parents or guardians temporarily resides in a school district while the other is domiciled or temporarily resides elsewhere, eligibility to attend school shall be determined in accordance with N.J.A.C. 6A:22-3.1(a)1 i. However, no student shall be eligible to attend school based upon a parent or guardian's temporary residence in a school district unless the parent or guardian demonstrates, if required by the district board of education, the temporary residence is not solely for purposes of a student's attending the school district.

(d) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-1.f if the student's parent or guardian moves to another school district as the result of being homeless, subject to the provisions at N.J.A.C. 6A:17-2, Education of Homeless Children and Youths.

(e) A student is eligible to attend the school district if the student is placed by court order or by a society, agency, or institution in the home of a school district resident pursuant to N.J.S.A. 18A:38-2. As used in this subsection, "court order" shall not encompass orders of residential custody under which claims of entitlement to attend a school district are governed by the provisions at N.J.S.A. 18A:38-1 and the applicable standards set forth in this chapter.

(f) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-3.b and N.J.S.A. N.J.S.A. 18A:38-3.1 if the student previously resided in the school district and if the parent or guardian is a member of the New Jersey National Guard or the United States reserves and has been ordered to active service in time of war or national emergency, resulting in the relocation of the student out of the school district. A school district admitting a student pursuant to N.J.S.A. 18A:38-3.b and N.J.S.A. N.J.S.A. 18A:38-3.1 shall not be obligated for transportation costs.

(g) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-7.7 et seq. if the student resides on Federal property within the State.

(h) In accordance with N.J.S.A. 18A:38-1.1, a student who is not considered homeless pursuant to N.J.S.A. 18A:7B-12 and who moves to a new school district during the academic year as a result of a family crisis shall be permitted to remain enrolled in the original school district of residence for the remainder of the school year without the payment of tuition. A student attending an academic program during the summer, who is otherwise eligible except for the timing of the move, shall be permitted to remain in the school district for the remainder of the summer program if it is considered an extension of the preceding academic year.

For purposes of this subsection, "family crisis" shall include, but not be limited to:

i. An instance of abuse such as domestic violence or sexual abuse;

ii. A disruption to the family unit caused by death of a parent or guardian; or

iii. An unplanned displacement from the original residence such as fire, flood, hurricane, or other circumstances that render the residence uninhabitable.

Upon notification of the move by the parent or guardian, the original school district of residence shall allow the student to continue attendance and shall provide transportation services to and from the student's new domicile in accordance with N.J.S.A. 18A:39-1. The original school district of residence may request from the parent or guardian and may review supporting documentation about the reason(s) for the move; however, any such review shall not interrupt the student's continued enrollment in the school district and in the current school of attendance with the provision of transportation.

i. Examples of documentation include, but are not limited to, newspaper articles, insurance claims, police or fire reports, notes from health professionals, custody agreements, or any other legal document.

If the parent or guardian or the relevant documentation indicates the child is homeless pursuant to N.J.S.A. 18A:7B-12, the school district liaison shall assume the coordination of enrollment procedures pursuant to N.J.A.C. 6A:17-2.5 and the student shall not be eligible for enrollment pursuant to N.J.S.A. 18A:38-1.1.
If the original school district of residence determines the situation does not meet the family crisis criteria at (h)1i, ii, and iii above, the chief school administrator, or designee, shall notify the parent or guardian in writing. The notification shall inform the parent or guardian of the parent's or guardian's right to appeal the decision within 21 calendar days of the parent's or guardian's receipt of the notification. The notification shall state that if such appeal is denied, the parent or guardian may be assessed the costs for transportation provided to the new residence during the period of ineligible attendance. The notice shall also state whether the parent or guardian is required to withdraw the student by the end of the 21-day appeal period in the absence of an appeal.

i. The parent or guardian may appeal by submitting the request in writing with supporting documentation to the executive county superintendent of the county in which the original school district of residence is situated.

ii. Within 30 calendar days of receiving the request and documentation, the executive county superintendent shall issue a determination whether the situation meets the family crisis criteria at (h)1i, ii, and iii above. The original school district of residence shall continue to enroll the student and provide transportation to the current school of attendance in accordance with N.J.S.A. 18A:39-1 until the determination is issued.

iii. If the executive county superintendent determines the situation does not constitute a family crisis, the school district may submit to the executive county superintendent for approval the cost of transportation to the ineligible student's new domicile. The executive county superintendent shall certify the transportation costs to be assessed to the parent or guardian for the period of ineligible attendance.

When the original school district of residence determines the situation constitutes a family crisis pursuant to N.J.S.A. 18A:38-1.1, the chief school administrator, or designee, shall immediately notify the parent or guardian in writing.

i. When the original school district of residence anticipates the need to apply for reimbursement of transportation costs, it shall send to the executive county superintendent a request and documentation of the family crisis for confirmation the situation meets the criteria set forth at (h)1i, ii, and iii above.

ii. Within 30 days of receiving the school district's request and documentation, the executive county superintendent shall issue a determination of whether the situation meets the criteria for a family crisis. The original school district of residence shall continue to enroll the student and provide transportation to the current school of attendance in accordance with N.J.S.A. 18A:39-1 until the determination is issued, and shall not be reimbursed for additional transportation costs unless the executive county superintendent determines the situation is a family crisis or as directed by the Commissioner upon appeal.

In providing transportation to students pursuant to N.J.S.A. 18A:38-1.1, district boards of education shall use the most efficient and cost-effective means available and in conformance with all laws governing student transportation.
At the conclusion of the fiscal year in which the executive county superintendent has determined the situation constitutes a family crisis, the original school district of residence may apply to the executive county superintendent for a reimbursement of eligible costs for transportation services.

i. Eligible costs shall include transportation for students who are required to be transported pursuant to N.J.S.A. 18A:39-1.

ii. School districts shall provide documentation of the transportation costs for the eligible student(s) to the executive county superintendent, who shall review and forward the information to the Department's Office of School Finance for reimbursement payment(s) to the school district.

iii. Payment to the school district shall be made in the subsequent fiscal year and shall equal the approved cost less the amount of transportation aid received for the student(s).

Nothing in this subsection shall prevent a parent or school district from appealing the executive county superintendent's decision(s) to the Commissioner in accordance with N.J.A.C. 6A:3-1.3. If the Commissioner determines the situation is not a family crisis, the Commissioner's decision shall state which of the following shall pay the transportation costs incurred during the appeal process: the State, school district, or parent.

(i) A district board of education may allow, by contract or district board of education policy, nonresident children of teaching staff members to enroll in the school district without the payment of tuition, pursuant to N.J.S.A. 18A:38-3.c.

History

Amended by 47 N.J.R. 891(b), effective 5/4/2015.

N.J. Admin. Code § 6A:22-3.3 Housing and immigration status

(a) A student's eligibility to attend school shall not be affected by the physical condition of an applicant's housing or the applicant's compliance with local housing ordinances or terms of lease.

(b) Except as set forth at (b)1 below, immigration/visa status shall not affect eligibility to attend school. Any student who is domiciled in the school district or otherwise eligible to attend school there pursuant to N.J.A.C. 6A:22-3.2 shall be enrolled without regard to, or inquiry concerning, immigration status.

The provisions of N.J.S.A. 18A:38-1 and this chapter shall not apply to students who have obtained, or are seeking to obtain, a Certificate of Eligibility for Nonimmigrant Student Status (INS form I-20) from the school district to apply to the INS for issuance of a visa for the purpose of limited study on a tuition basis in a United States public secondary school ("F-1" visa).

i. School districts permitting the attendance of F-1 students may adopt policies and procedures requiring advance payment of tuition, or entry into binding agreements for payment of tuition, before the school district will provide the requested I-20 form.

History

Recodified in part from N.J.A.C. 6A:28-2.4(b) through (d) and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Rewrote the section.
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote (a) and the introductory paragraph of (b); in the introductory paragraph of (b)1 and (b)1i, inserted "school" preceding "district"; and in (b)1i, substituted "School districts" for "Districts".

N.J. Admin. Code § 6A:22-3.4 Proof of eligibility

(a) A district board of education shall accept a combination of any of the following or similar forms of documentation from persons attempting to demonstrate a student's eligibility for enrollment in the school district:

Property tax bills; deeds; contracts of sale; leases; mortgages; signed letters from landlords; and other evidence of property ownership, tenancy, or residency;
Voter registrations; licenses; permits; financial account information; utility bills; delivery receipts; and other evidence of personal attachment to a particular location;
Court orders; State agency agreements; and other evidence of court or agency placements or directives;
Receipts; bills; cancelled checks; insurance claims or payments; and other evidence of expenditures demonstrating personal attachment to a particular location or to support the student;
Medical reports; counselor or social worker assessments; employment documents; unemployment claims; benefit statements; and other evidence of circumstances demonstrating family or economic hardship, or temporary residency;
Affidavits, certifications, and sworn attestations pertaining to statutory criteria for school attendance from the parent, guardian, person keeping an "affidavit student," adult student, person(s) with whom a family is living, or others, as appropriate;
Documents pertaining to military status and assignment; and
Any other business record or document issued by a governmental entity.

(b) A district board of education may accept forms of documentation not listed at (a) above, and shall not exclude from consideration any documentation or information presented by an applicant.

(c) A district board of education shall consider the totality of information and documentation offered by an applicant, and shall not deny enrollment based on failure to provide a particular form or subset of documents without regard to other evidence presented.

(d) A district board of education shall not condition enrollment on the receipt of information or documents protected from disclosure by law, or pertaining to criteria that are not a legitimate basis for determining eligibility to attend school. They include, but are not limited to:

Income tax returns;
Documentation or information relating to citizenship or immigration/visa status, except as set forth at N.J.A.C. 6A:22-3.3(b);
Documentation or information relating to compliance with local housing ordinances or conditions of tenancy; and
Social Security numbers.

(e) The district board of education may consider, in a manner consistent with Federal law, documents or information referenced at (d) above, or pertinent parts thereof if voluntarily disclosed by the applicant. However, the district board of education may not, directly or indirectly, require or request such disclosure as an actual or implied condition of enrollment.

History

Recodified from N.J.A.C. 6A:28-2.5 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Rewrote (a) and (d).
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
In (a)6, deleted "legal" preceding "guardian"; in the introductory paragraph of (d), inserted ", but are not limited to:"; and in (e), inserted "considered by the district board of education if", and substituted "applicant" for "person" and "an actual or implied" for "a".
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote (a)1 through (a)5, (d), and (e); in (a)6, inserted a comma following "certifications" and "others", and deleted a comma following "attendance"; in (b), substituted "an applicant" for "a person seeking to enroll a student"; in (c), substituted "form or subset of documents" for "of documentation, or a particular subset of documents,"; and in (d)4, substituted "Security" for "security".

Subchapter 4 INITIAL ASSESSMENT AND ENROLLMENT

N.J. Admin. Code § 6A:22-4.1 Registration forms and procedures for initial assessment

(a) Each district board of education shall use Commissioner-provided registration forms (available at https://www.nj.gov/education/residency/index.shtml), or locally developed forms that:

Are consistent with the Commissioner-provided forms;
Do not seek information prohibited by this subchapter or any other provision of statute or rule;
Summarize, for the applicant's reference, the criteria for attendance set forth at N.J.S.A. 18A:38-1, and specify the nature and form of sworn statement(s) to be filed;

Clearly state the purpose for which the requested information is being sought in relation to the criteria; and

Notify applicants that an initial eligibility determination is subject to more thorough review and evaluation, and that an assessment of tuition is possible if an initially admitted student is later found ineligible.

(b) Each district board of education shall make available sufficient numbers of registration forms and trained registration staff to ensure prompt eligibility determinations and enrollment. Enrollment applications may be taken by appointment, but appointments shall be promptly scheduled and shall not unduly defer a student's attendance at school.

If the school district uses separate forms for affidavit student applications rather than a single application form for all types of enrollment, affidavit student forms shall comply in all respects with the provisions at (a) above. When affidavit student forms are used, the school district shall provide them to any person attempting to register a student of whom the person is not the parent or guardian even if not specifically requested.

i. District boards of education or their agents shall not demand or suggest that guardianship or custody must be obtained before enrollment will be considered for a student living with a person other than the parent or guardian since the student may qualify as an affidavit student.

ii. District boards of education or their agents shall not demand or suggest that an applicant seeking to enroll a student of whom the applicant has guardianship or custody produce affidavit student proofs.

A district-level administrator designated by the chief school administrator shall be clearly identified to applicants and available to assist persons who experience difficulties with the enrollment process.

(c) Initial eligibility determinations shall be made upon presentation of an enrollment application, and enrollment shall take place immediately except in cases of clear, uncontested denials.

Enrollment shall take place immediately when an applicant has provided incomplete, unclear, or questionable information, but the applicant shall be notified that the student will be removed from the school district if defects in the application are not corrected, or an appeal is not filed, in accordance with subsequent notice to be provided pursuant to N.J.A.C. 6A:22-4.2.
When a student appears ineligible based on information provided in the initial application, the school district shall issue a preliminary written notice of ineligibility, including an explanation of the right to appeal to the Commissioner. Enrollment shall take place immediately if the applicant clearly indicates disagreement with the school district's determination and an intent to appeal to the Commissioner.

i. An applicant whose student is enrolled pursuant to this paragraph shall be notified that the student will be removed without a hearing before the district board of education if no appeal is filed within the 21-day period established at N.J.S.A. 18A:38-1.

(d) When enrollment is denied and no intent to appeal is indicated, applicants shall be advised they shall comply with compulsory education laws. When the student is between the ages of six and 16, applicants also shall be asked to complete a written statement indicating the student will be attending school in another school district or nonpublic school, or receiving instruction elsewhere than at a school pursuant to N.J.S.A. 18A:38-25. In the absence of the applicant's written statement that the student will be attending school in another school district or nonpublic school, or receiving instruction elsewhere than at a school, designated staff shall report to the school district of actual domicile or residence, or the Department of Children and Families, a potential instance of "neglect" for purposes of ensuring compliance with compulsory education laws, N.J.S.A. 9:6-1. Staff shall provide the school district or the Department of Children and Families with the student's name, the name(s) of the parent/guardian/resident, and the student's address to the extent known. Staff also shall indicate admission to the school district has been denied based on residency or domicile, and there is no evidence of intent to arrange for the child to attend school or receive instruction elsewhere.

(e) Enrollment or attendance at school shall not be conditioned on advance payment of tuition in whole or part when enrollment is denied and an intent to appeal is indicated, or when enrollment is provisional and subject to further review or information.

(f) Each district board of education shall ensure the registration process identifies information suggesting an applicant may be homeless so procedures may be implemented in accordance with N.J.A.C. 6A:17-2, Education of Homeless Children and Youths.

(g) Enrollment or attendance in the school district shall not be denied based upon the absence of a certified copy of the student's birth certificate or other proof of the student's identity as required within 30 days of initial enrollment, pursuant to N.J.S.A. 18A:36-25.1.

(h) Enrollment in the school district shall not be denied based upon the absence of student medical information. However, actual attendance at school may be deferred until the student complies with student immunization rules at N.J.A.C. 8:57-4.

(i) When enrollment in the school district, attendance at school, or the receipt of educational services in the regular education program appears inappropriate, the student shall not be denied based upon the absence of a student's prior educational record. However, the applicant shall be advised the student's initial educational placement may be subject to revision upon the school district's receipt of records or further assessment of the student.

History

Recodified from N.J.A.C. 6A:28-2.6 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Rewrote the section.
Administrative correction.
See: 38 N.J.R. 3782(a).
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Deleted "legal" preceding "guardian" and "guardianship" throughout; rewrote the introductory paragraph of (a); in the introductory paragraph of (b), inserted the second sentence; in (b)1i, substituted "must" for "shall"; in the introductory paragraph of (c)2, substituted "a student" for "an applicant"; in (c)2i, substituted "An applicant whose student is" for "A student" and "the student" for "he or she"; and rewrote (d).
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).

N.J. Admin. Code § 6A:22-4.2 Notices of ineligibility

(a) When a student is found ineligible to attend the school district pursuant to this chapter or the student's initial application is found to be deficient upon subsequent review or investigation, the school district immediately shall provide to the applicant notice that is consistent with Commissioner-provided sample form(s) (available at https://www.nj.gov/education/residency/index.shtml) and meets requirements of this section.

Notices shall be in writing; in English and in the native language of the applicant; issued by the chief school administrator; and directed to the address at which the applicant claims to reside.

(b) Notices of ineligibility shall include:

In cases of denial, a clear description of the specific basis on which the determination of ineligibility was made.

i. The description shall be sufficient to allow the applicant to understand the basis for the decision and determine whether to appeal;

ii. The description shall identify the specific subsection of N.J.S.A. 18A:38-1 under which the application was decided;

In cases of provisional eligibility, a clear description of the missing documents or information that still must be provided before a final eligibility status can be attained pursuant to the applicable provision at N.J.S.A. 18A:38-1;
A clear statement of the applicant's right to appeal to the Commissioner within 21 days of the notice date, along with an informational document provided by the Commissioner (available at https://www.nj.gov/education/residency/index.shtml) describing how to file an appeal;
A clear statement of the student's right to attend school for the 21-day period during which an appeal can be made to the Commissioner. It also shall state the student will not be permitted to attend school beyond the 21st day following the notice date if missing information is not provided or an appeal is not filed;
A clear statement of the student's right to continue attending school while an appeal to the Commissioner is pending;
A clear statement that, if an appeal is filed with the Commissioner and the applicant does not sustain the burden of demonstrating the student's right to attend the school district, or the applicant withdraws the appeal, fails to prosecute, or abandons the appeal by any means other than settlement, the applicant may be assessed, by an order of the Commissioner enforceable in Superior Court, tuition for any period of ineligible attendance, including the initial 21-day period and the period during which the appeal was pending before the Commissioner;
A clear statement of the approximate tuition rate, pursuant to N.J.A.C. 6A:22-6.3, that an applicant may be assessed for the year at issue if the applicant does not prevail on appeal or elects not to appeal;

i. If removal is based on the student's move from the school district, the notice of ineligibility shall also provide information as to whether school district policy permits continued attendance, with tuition, for students who move from the school district during the school year;

The name of a contact person in the school district who can assist in explaining the notice's contents; and
When no appeal is filed, notice that the parent or guardian shall still comply with compulsory education laws. In the absence of a written statement from the parent or guardian that the student will be attending school in another school district or nonpublic school, or receiving instruction elsewhere than at a school, school district staff shall notify the school district of actual domicile/residence, or the Department of Children and Families, of a potential instance of "neglect" pursuant to N.J.S.A. 9:6-1. For purposes of facilitating enforcement of State compulsory education laws (N.J.S.A. 18A:38-25), staff shall provide the student's name, the name(s) of the parent/guardian/resident, address to the extent known, denial of admission based on residency or domicile, and absence of evidence of intent to attend school or receive instruction elsewhere.

History

Recodified from N.J.A.C. 6A:28-2.7 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Rewrote the section.
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Rewrote the introductory paragraph of (a) and (b)3; in (b)6, inserted "the student's"; and rewrote (b)9.
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).

N.J. Admin. Code § 6A:22-4.3 Removal of currently enrolled students

(a) Nothing in this subchapter shall preclude a district board of education from identifying through further investigation or periodic requests for revalidation of eligibility, students enrolled in the school district who may be ineligible for continued attendance due to error in initial assessment, changed circumstances, or newly discovered information.

(b) When a student who is enrolled and attending school based on an initial eligibility determination is later determined to be ineligible for continued attendance, the chief school administrator may apply to the district board of education for the student's removal.

The chief school administrator shall issue a preliminary notice of ineligibility meeting the requirements at N.J.A.C. 6A:22-4.2. However, the notice shall also provide for a hearing before the district board of education prior to a final decision on removal.

(c) No student shall be removed from school unless the parent, guardian, adult student, or resident keeping an "affidavit student" has been informed of their entitlement to a hearing before the district board of education.

(d) Once the hearing is held, or if the parent, guardian, adult student, or resident keeping an "affidavit student" does not respond within the designated time frame to the chief school administrator's notice or appear for the hearing, the district board of education shall make a prompt determination of the student's eligibility and shall immediately provide notice in accordance with N.J.A.C. 6A:22-4.2.

(e) If district board of education policy allows, a district board of education committee shall conduct hearings required pursuant to this subchapter and then shall make a recommendation to the full district board of education. However, no student shall be removed except by vote of the district board of education taken at a meeting duly convened and conducted pursuant to N.J.S.A. 10:4-6 et seq., the Senator Byron M. Baer Open Public Meetings Act.

History

Recodified from N.J.A.C. 6A:28-2.8 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
In (b), inserted "school district based on an initial determination of eligibility" preceding "attending school in the" introductory paragraph and amended the N.J.A.C. reference in 1 and (d).
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
In (c) and (d), deleted "legal" preceding "guardian".
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the section.

Subchapter 5 APPEAL OF INELIGIBILITY DETERMINATIONS

N.J. Admin. Code § 6A:22-5.1 Appeal to the Commissioner

(a) An applicant may appeal to the Commissioner a school district determination that a student is ineligible to attend its schools. Appeals shall be initiated by petition, which shall be filed in accordance with N.J.S.A. 18A:38-1 and N.J.A.C. 6A:3-8.1 and shall proceed as a contested case pursuant to N.J.A.C. 6A:3.

Pursuant to N.J.S.A. 18A:38-1.b(1), appeals of "affidavit student" ineligibility determinations shall be filed by the resident keeping the student.

History

Recodified from N.J.A.C. 6A:28-2.9 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Substituted "school" for "local" preceding "district determination".
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Rewrote the section.
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the introductory paragraph of (a); and in (a)1, updated the N.J.S.A. reference.

Subchapter 6 ASSESSMENT AND CALCULATION OF TUITION

N.J. Admin. Code § 6A:22-6.1 Assessment of tuition where no appeal is filed

(a) If no appeal to the Commissioner is filed by the parent, guardian, adult student, or district resident keeping an "affidavit" student following notice of an ineligibility determination, the district board of education may assess tuition for up to one year of a student's ineligible attendance, including the 21-day period provided at N.J.S.A. 18A:38-1 for appeal to the Commissioner.

If the responsible party does not pay the tuition assessment, the district board of education may petition the Commissioner pursuant to N.J.A.C. 6A:3 for an order assessing tuition, enforceable in accordance with N.J.S.A. 2A:58-10 through recording, upon request of the district board of education pursuant to N.J.A.C. 6A:3-12, on the judgment docket of the Superior Court, Law Division.

History

Recodified in part from N.J.A.C. 6A:28-2.10 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Added (a)1.
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
In the introductory paragraph of (a), inserted "by the parent, guardian, adult student or district resident keeping an 'affidavit' student"; and rewrote (a)1.
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
In the introductory paragraph of (a), inserted a comma following "adult student", and substituted "an ineligibility determination" for "a determination of ineligibility" and "up to one year" for "any period"; and in (a)1, inserted "of education".

N.J. Admin. Code § 6A:22-6.2 Assessment of tuition where appeal is filed

(a) If an appeal to the Commissioner is filed by the parent, guardian, adult student, or school district resident keeping an "affidavit" student and the petitioner does not sustain the burden of demonstrating the student's right to attend the school district, or the petitioner withdraws the appeal, fails to prosecute, or abandons the appeal by any means other than settlement agreeing to waive or reduce tuition, the Commissioner may assess tuition for the period during which the hearing and decision on appeal were pending, and for up to one year of a student's ineligible attendance in a school district prior to the appeal's filing and including the 21-day period to file an appeal.

Upon the Commissioner's finding that an appeal has been abandoned, the district board of education may remove the student from school and seek tuition for up to one year of ineligible attendance pursuant to N.J.A.C. 6A:22-6.1(a), plus the period of ineligible attendance after the appeal was filed. If the record of the appeal includes a calculation reflecting the tuition rate(s) for the year(s) at issue, the per diem tuition rate for the current year and the date on which the student's ineligible attendance began, the Commissioner may order payment of tuition as part of the decision. In doing so, the Commissioner shall consider whether the ineligible attendance was due to a school district's error. If the record does not include such a calculation and the district board of education has filed a counterclaim for tuition, the counterclaim shall proceed to a hearing, notwithstanding that the petition has been abandoned.
An order of the Commissioner assessing tuition is enforceable through recording, upon request of the district board of education pursuant to N.J.A.C. 6A:3-12, on the judgment docket of the Superior Court, Law Division, in accordance with N.J.S.A. 2A:58-10.

History

Recodified in part from N.J.A.C. 6A:28-2.10 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Rewrote the section.
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the introductory paragraph of (a) and (a)1; and in (a)2, inserted "of education".

N.J. Admin. Code § 6A:22-6.3 Calculation of tuition

(a) Tuition assessed pursuant to this section shall be calculated on a per-student basis for the period of a student's ineligible enrollment, up to one year, by applicable grade/program category and consistent with the provisions of N.J.A.C. 6A:23A-17.1. The individual student's record of daily attendance shall not affect the calculation.

(b) Nothing in this chapter shall preclude an equitable determination by the district board of education or the Commissioner that tuition shall not be assessed for all or part of any period of a student's ineligible attendance in the school district when the particular circumstances of a matter so warrant. In making the determination, the district board of education or Commissioner shall consider whether the ineligible attendance was due to a school district's error.

History

Recodified from N.J.A.C. 6A:28-2.10(b) and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
In (a), amended the N.J.A.C. reference; in (b), substituted "chapter" for "subchapter" preceding "shall preclude" and inserted "school" following "ineligible attendance in the".
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the section.

Chapter 23A FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES

Subchapter 1 PURPOSE, SCOPE, AND DEFINITIONS

N.J. Admin. Code § 6A:23A-1.1 Purpose and scope

(a) The purpose of this chapter is to assure the financial accountability of district boards of education through enhanced State monitoring, oversight, and authority, and to ensure each district board of education adopts an annual budget that provides adequate resources to meet the State Constitution's mandate for a thorough and efficient system of free public schools for all children. This chapter sets forth the roles of the Commissioner of Education and the executive county superintendent in overseeing district board of education budgeting and expenditures. The chapter also establishes mechanisms to ensure the efficient expenditure of budgeted funds in a manner consistent with a school district's approved annual budget.

(b) Pursuant to this chapter, the Commissioner delegates to the executive county superintendent powers, tasks, and duties that further support efficiency of school district operation, pursuant to N.J.S.A. 18A:7F-6.a and 43 et seq., and that complement the powers, tasks, and duties set forth at N.J.S.A. 18A:7-1 et seq.

The rules effectuate the provisions at P.L. 2006, c. 15; P.L. 2007, c. 53; P.L. 2007, c. 62; P.L. 2007, c. 260; P.L. 2007, c. 63; P.L. 2008, c. 36; P.L. 2008, c. 37; P.L. 2009, c. 19; P.L. 2010, c. 39; P.L. 2010, c. 44; P.L. 2010, c. 49; P.L. 2010, c. 121; P.L. 2011, c. 202; P.L. 2012, c. 78; P.L. 2012, c. 80; P.L. 2013, c. 173; P.L. 2013, c. 280; P.L. 2015, c. 46; P.L. 2015, c. 47; P.L. 2015, c. 157; P.L. 2017, c. 83; P.L. 2019, c. 169; P.L. 2023, c. 124; and P.L. 2023, c.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-1.2 Definitions

The words and terms used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Adjusted tax levy" means the property tax levy for current purposes, excluding any debt pursuant to N.J.S.A. 18A:7F-37.

"Administrative cost" means total administrative costs as reflected in the Taxpayers' Guide to Education Spending and defined in the Uniform Minimum Chart of Accounts for New Jersey Public Schools and by the National Center for Education Statistics (NCES), as referred to at N.J.A.C. 6A:23A-16.2(f)1, and other reporting directives published and distributed by the Commissioner pursuant to N.J.S.A. 18A:4-14 and N.J.A.C. 6A:23A-16.2.

"Administrator" means as set forth in N.J.S.A. 18A:12-23.

"All-purpose school district" means as defined at N.J.S.A. 18A:13-2.a.

"Annual audit" means the audit conducted pursuant to N.J.S.A. 18A:23-1 et seq., and the Federal Single Audit Act of 1984, Public Law 98-502, amended by Public Law 104-156, of the district board of education's Annual Comprehensive Financial Report (ACFR).

"Annual audit program" means the uniform program published and distributed by the Commissioner for preparation of the ACFR by a district board of education pursuant to N.J.S.A. 18A:4-14 and N.J.A.C. 6A:23A-16.2(i).

"Annual Comprehensive Financial Report" or "ACFR" means the official annual report of a governmental unit containing the basic financial statements, management discussion and analysis (MD&A), and other required supplementary information and statistical data prepared in accordance with standards established by the Governmental Accounting Standards Board.

"Annual salary" shall include, but not be limited to, base pay, increments, stipends, or payments for additional positions, annuities, and/or longevity, and the total of per diem payments.

"Authorized membership of the district board of education" means the full membership of the district board of education as established pursuant to Title 18A of the New Jersey Statutes.

"Average daily enrollment" or "ADE" means the sum of the days present and absent for all students enrolled during the year in the register(s) of program for which the rate in being determined, divided by the number of days school was actually in session, but in no event shall the divisor be less than 180 days.

"Base budget" means the district board of education's school budget that contains an adjusted tax levy calculated in accordance with N.J.S.A. 18A:7F-38 and 39, State aid, other than preschool education aid, received pursuant to N.J.S.A. 18A:7F-43 et seq., miscellaneous revenue estimated pursuant to generally accepted accounting principles (GAAP), and designated general fund balance; but exclusive of additional spending proposals submitted to the voters or board of school estimate.

"Board of trustees" means the public agents authorized by the State Board of Education to supervise and control a charter school pursuant to the provisions of N.J.S.A. 18A:36A-1 et seq.

"Business" means any corporation, partnership, firm, enterprise, franchise, trust, association, sole proprietorship, union, political organization, or other legal entity, but shall not include a school district or any other public entity.

"Capital maintenance" means as defined at N.J.A.C. 6A:26-1.2.

"Capital outlay" means capital outlay as defined in GAAP.

"Capital project" means as defined at N.J.A.C. 6A:26-1.2.

"Capital projects fund" means the governmental fund that accounts for financial resources used to acquire or construct capital facilities (other than those of proprietary funds and fiduciary funds). The source of revenue in this fund includes the sale of bonds, grants received pursuant to N.J.S.A. 18A:7G-15, and other sources as defined at N.J.A.C. 6A:26-4.1. In the case of a charter school, the source of revenue may be a mortgage. Separate accounting is required for each capital project.

"Capital projects fund deficit" means the amount of the sum of expenditures and encumbrances for a capital project that exceeds the total amount of funds authorized for the capital project by the State, district's voters by referendum, the board of school estimate, or the capital projects control board, as applicable.

"Capital reserve account" means the account established by a district board of education pursuant to N.J.S.A. 18A:7G-31 and 18A:7F-41 into which monies are deposited to help finance a school district's local share of its long-range facilities plan.

"Chart of accounts" means the Department's prescribed classification structure for the accounting system that permits the standardization of reported financial data whereby analyses may be performed within and between district boards of education and on a nationwide basis using common terminology and classifications established by the NCES.

"Charter school" means a public school that is established in accordance with N.J.S.A. 18A:36A-1 et seq.

"Chief school administrator" means the superintendent, pursuant to N.J.S.A. 18A:17-15; the administrative principal, pursuant to N.J.S.A. 18A:17-20.5; the State district superintendent, pursuant to N.J.S.A. 18A:7A-35 or 18A:7A-49 in the case of a school district under full or partial intervention; or the lead person of a charter school, as defined at N.J.A.C. 6A:11-1.2.

"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 counted in resident enrollment and divided by resident enrollment, pursuant to N.J.S.A. 18A:7F-45.

"County special services school district" or "CSSSD" means any entity established pursuant to N.J.S.A. 18A:46-29 et seq.

"County vocational school district" or "CVSD" means any entity established pursuant to N.J.S.A. 18A:54-1 et seq.

"CPI" means as defined at N.J.S.A. 18A:7F-5 and 45.

"Debt service" means as defined at N.J.S.A. 18A:7G-3 and N.J.A.C. 6A:26-1.2.

"Debt service fund" means a governmental fund used to account for the accumulation of resources for, and the payment of, general long-term debt principal and interest.

"Department" means the New Jersey Department of Education.

"Educational services commission" or "ESC" means an educational services commission established pursuant to N.J.S.A. 18A:6-52.

"Efficiency standards" means the efficiency standards established, pursuant to N.J.S.A. 18A:7F-46, for the 2008-2009 school year in Appendix E of the publication, A Formula for Success: All Children, All Communities, dated December 18, 2007, and available on the Department's website at: http://www.state.nj.us/education/sff/reports/AllChildrenAllCommunities.pdf. The standards shall be updated periodically through the Educational Adequacy Report in accordance with N.J.S.A. 18A:7F-46.

"Emergent circumstance" means a circumstance that must be addressed expeditiously to avoid peril to the health and safety of students and/or staff and/or to avert an operating deficit from the required implementation of the New Jersey Student Learning Standards (NJSLS).

"Emergent condition" means as defined at N.J.A.C. 6A:26-1.2.

"Enterprise fund" means a proprietary fund used to report activities for which a fee is charged to external users for goods and services. Activities are required to be reported if the pricing policies of the activity establish fees and charges designed to recover its costs, or if the activity meets other criteria established by Governmental Accounting Standards Board Statement No. 34, paragraph 67.

"Excess costs" means as set forth at N.J.S.A. 18A:7G-3.

"Executive county superintendent" means the executive county superintendent or acting executive county superintendent, pursuant to N.J.S.A. 18A:7-1 et seq.

"Executive county superintendent roundtable" means the regularly scheduled meetings in each county with the chief school administrators in that county and the executive county superintendent.

"Fiduciary funds" means the funds used to account for assets held by a district board of education in a trustee capacity or agency capacity for others and, therefore, cannot be used to support the district board of education's own programs.

"Fund" means a fiscal and accounting entity with a self-balancing set of accounts recording cash and other financial resources, together with all related liabilities and residual equities or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations.

"GASB" means the Governmental Accounting Standards Board (401 Merritt 7, PO Box 5116, Norwalk, CT).

"Generally accepted accounting principles" or "GAAP" means the generally accepted accounting principles that are uniform minimum standards of and guidelines to financial accounting and reporting that are generally recognized as essential to effective management control and financial reporting, which are promulgated and published by the Governmental Accounting Standards Board in the Governmental Accounting and Financial Reporting Standards Original Pronouncements and prescribed by the State Board for use by district boards of education and charter schools and renaissance school projects boards of trustees in accordance with N.J.S.A. 18A:4-14.

"General fund" means a governmental fund that accounts for all financial resources of the district board of education or charter school board of trustees, except those required to be accounted for in another fund.

"Health care costs" mean the costs of medical and prescription drug insurance consistent with benefits provided by the School Employees' Health Benefits Program.

"Household income" means income as defined at 7 CFR 245.2 and 245.6 or any subsequent superseding Federal law or regulation, pursuant to N.J.S.A. 18A:7F-45.

"Immediate family member" means the person's spouse, partner in a civil union as defined at N.J.S.A. 37:1-28 et seq., domestic partner as defined at N.J.S.A. 26:8A-3, or dependent child, residing in the same household.

"Individualized education program" or "IEP" means as defined at N.J.A.C. 6A:14-1.3.

"Insurance" means coverage for general liability, automobile liability, school board liability, errors and omissions, property loss or damage, and workers compensation.

"Internal control" means a process, effected by an entity's management, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:

Effectiveness and efficiency of operations;
Reliability of financial reporting; and

Compliance with applicable laws and regulations.

"Legal reserve" means the portion of the net position of a governmental fund that represents resources subject to externally enforceable constraints, including restrictions that are either: externally imposed by creditors, grantors, contributors, or laws or regulations of other governments; or imposed by law through constitutional provisions or enabling legislation.

"Limited-purpose regional district" means as defined at N.J.S.A. 18A:13-2.b.

"Line item account" means the lowest (most specific) level of detail in the appropriations/expenditure classification.

"Local share" means, for purposes of N.J.S.A. 18A:7F-43 et seq., as calculated pursuant to N.J.S.A. 18A:7F-52 and, for purposes of a school facilities project, means as defined at N.J.A.C. 6A:26-1.2 and pursuant to N.J.S.A. 18A:7G-3.

"Long-range facilities plan" or "LRFP" means the plan required to be submitted to the Commissioner by a district board of education pursuant to N.J.S.A. 18A:7G-4 and N.J.A.C. 6A:26-2.

"Mortgage" means, in the case of a charter school, a debt for a period greater than 12 months that is fully backed by the value of real property, so the total value of all such debt does not exceed the total assessed value of the property by which the debt is backed.

"National Center for Education Statistics" or "NCES" means the organization that publishes the Federal accounting manual, Financial Accounting for Local and State School Systems, that contains the financial accounting terminology and classifications required at N.J.S.A. 18A:4-14 for use in the chart of accounts prescribed by the Commissioner with the approval of the State Board of Education.

"New Jersey Quality Single Accountability Continuum" or "NJQSAC" means the New Jersey Quality Single Accountability Continuum for evaluating school district performance established pursuant to N.J.S.A. 18A:7A-3 et seq.

"New Jersey Student Learning Standards" or "NJSLS" means as defined at N.J.A.C. 6A:8-1.3.

"Non-discretionary fixed costs" means fixed costs incurred by a school district in its operation that are outside the control of the district board of education.

"Non-operating district" means as defined at N.J.S.A. 18A:8-43.

"OFAC" means the Office of Fiscal Accountability and Compliance within the New Jersey Department of Education.

"Other capital project" means as defined at N.J.A.C. 6A:26-1.2.

"Prebudget year," as defined at N.J.S.A. 18A:7F-45, means the school fiscal year preceding the year in which the school budget is implemented.

"Prebudget year adjusted tax levy" means the adjusted tax levy of the prebudget year less separate question(s) unless explicitly approved to be permanent.

"Presumptive efficient spending level" means the State median cost per pupil of the prebudget year as reflected in the Taxpayers' Guide to Education Spending by indicator for the applicable operating type and enrollment range adjusted by the increase in CPI, or the efficiency standards used in the calculation of the adequacy budget pursuant to N.J.S.A. 18A:7F-51, whichever is more appropriate and comparable for the particular spending category pursuant to review as determined by the Commissioner.

"Proposed budget" means the budget required pursuant to N.J.S.A. 18A:7F-5.c.

"Proprietary funds" means the funds used to account for district board of education activities where the reporting focus is on the determination of operating income, financial position, and cash flow. Proprietary funds include enterprise and internal service funds.

"Regional school district" means a limited- or all-purpose regional district established pursuant to N.J.S.A. 18A:13-1 et seq.

"Relative" means an individual's spouse, civil union partner as defined at N.J.S.A. 37:1-28 et seq., domestic partner as defined at N.J.S.A. 26:8A-3, or the parent, child, sibling, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister of the individual or of the individual's spouse, civil union partner, or domestic partner, whether the relative is related to the individual or the individual's spouse, civil union partner, or domestic partner by blood, marriage, or adoption.

"Renaissance school project" means as defined at N.J.S.A. 18A:36C-3.

"Required maintenance" means as defined at N.J.A.C. 6A:26-1.2.

"School business administrator" or "SBA" means the school business administrator appointed pursuant to N.J.S.A. 18A:17-14.1 or any other title used for the chief financial officer of the school district, such as assistant superintendent for business or assistant superintendent for finance, and requiring the school business administrator endorsement pursuant to N.J.A.C. 6A:9B-12.7.

"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 or a school district under full State intervention pursuant to N.J.S.A. 18A:7A-34 but does not include a charter school established pursuant to N.J.S.A. 18A:36A-1 et seq., unless specified otherwise.

"School district vehicle" means a vehicle purchased, leased, lease-purchased, or acquired without cost by gift, donation, or other method by the school district regardless of funding source.

"School Employees' Health Benefit Program" or "SEHBP" means the School Employees' Health Benefit Program pursuant to N.J.S.A. 52:14-17.46.1 et seq.

"School facilities project" means as defined at N.J.A.C. 6A:26-1.2 and pursuant to N.J.S.A. 18A:7G-3.

"School performance report" means the report prepared pursuant to N.J.S.A. 18A:7E-2 and posted annually on the Department's website.

"Sending-receiving relationship" means an agreement between two district boards of education, one of which does not have the facilities to educate in-district an entire grade(s) or provide an entire program(s) and, as an alternative, sends students to a district board of education having such accommodations and pays tuition, pursuant to N.J.S.A. 18A:38-8 et seq.

"Shared service" means any educational or administrative service required to be performed by a district board of education in which the school district, with district board of education approval, is able and willing to share in the costs and benefits of that service with another district board of education, municipality, or other governmental unit, as authorized by the Uniform Shared Services and Consolidation Act at N.J.S.A. 40A:65-1 et seq., and in compliance with existing school laws at N.J.S.A. 18A, but does not include sending-receiving relationships.

"Special Education Medicaid Initiative" or "SEMI" means the school-based Federal Medicaid Title XIX reimbursement program that provides health-related services to Medicaid-eligible students in participating school districts' special education programs.

"Special revenue fund" means the governmental fund that accounts for the proceeds of specific revenue sources (other than trusts, or revenues for major capital projects) that are legally restricted to expenditures for specified purposes.

"Standard operating procedures" or "SOPs" mean procedures that cover all business functions and are detailed with specific steps and instructions; are realistic based on the employment structure and business system; tie with job descriptions; and are supported by management.

"State monitor" means an individual appointed by the Commissioner to oversee the operations of a school district in accordance with N.J.S.A. 18A:7A-55.

"State support" means as defined at N.J.A.C. 6A:26-1.2.

"Student activity fund" means a fund used to account for monies derived from athletic events or other activities of pupil organizations and to account for the accumulation of money to pay for student group activities.

"Subsistence" means lodging, meals, and incidental expenses associated with traveling.

"Superintendent" means the superintendent of schools appointed pursuant to N.J.S.A. 18A:17-15, the administrative principal appointed pursuant to N.J.S.A. 18A:17-20.5, or the State district superintendent appointed pursuant to N.J.S.A. 18A:7A-35 or 18A:7A-49 in a school district under full or partial State intervention.

"Surplus" means the amount of undesignated, unreserved fund balance as of July 1 of each year.

"Taxpayers' Guide to Education Spending" or "TGES" means the annual report of comparative financial statistics of school districts compiled and published for general distribution by the Commissioner, pursuant to N.J.S.A. 18A:4-30, and available on the Department's website.

"T&E" means the thorough and efficient system of free public schools for the instruction of all children in the State between the ages of five and 18 years as required by the State Constitution and defined by the New Jersey Student Learning Standards and efficiency standards.

"Travel expenditures" means 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 five types of travel events:

"Training and seminars" 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;
"Conventions and conferences" means general programs, sponsored by professional associations on a regular basis, that 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 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 conferences and conventions;
"School district sponsored events" means conferences, conventions, receptions, or special meetings, where the school district plans, develops, implements, and coordinates the event and is the event's primary financial backer. School district employees are actively involved in working the event and other employees may attend as participants;
"Regular school district business travel" means all regular official business travel, including attendance at meetings, conferences, and any other gatherings that are not covered by the definitions at paragraphs 1, 2, and 3 above. Regular school district business travel also includes attendance at regularly scheduled in-State county meetings and Department-sponsored or association-sponsored events provided free of charge and regularly scheduled in-State professional development activities with a registration fee that does not exceed $ 150.00 per employee or district board of education member. Beginning in 2009-2010, the $ 150.00 limit per employee or district board of education member may be adjusted by inflation using annual increases in the New Jersey CPI; and
"Retreats" means meetings with school district employees and district board of education members, at which organizational goals and objectives are discussed.

"Underbudgeted revenue" means any general fund revenue realized that exceeds the amount included in the original school district budget certified for taxes.

"Unused tax authority" means 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, pursuant to N.J.S.A. 18A:7F-39.

"User-friendly budget" means a prescribed format for summarizing and reporting a school district's budget for purposes of informing the public in advance of elections, pursuant to N.J.S.A. 18A:22-8a.

"Weighted resident enrollment" means the differentials in costs based on the efficiency standards for providing education at the kindergarten, elementary (grades one through five), middle school (grades six through eight), and high school (grades nine through 12) levels, which are determined by dividing the elementary cost per pupil into each category. The weights are applied to resident enrollment in each category pursuant to N.J.S.A. 18A:7F-50.

History

Administrative Change, 48 N.J.R. 1802(a).

Subchapter 2 EXECUTIVE COUNTY SUPERINTENDENT OF SCHOOLS

N.J. Admin. Code § 6A:23A-2.1 General powers and duties of executive county superintendent

(a) Each executive county superintendent shall exercise and perform the general powers and duties vested in the position pursuant to N.J.S.A. 18A:7-8.

(b) Nothing in this section shall be construed or interpreted to contravene or modify the provisions of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., to limit or restrict the scope of negotiations as provided pursuant to law, or to require an employer to enter into a subcontracting agreement that 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.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-2.2 School district regionalization and consolidation of services advisory committee

(a) Each executive county superintendent shall create a School District Regionalization and Consolidation of Services Advisory Committee (advisory committee) for the purpose of providing advice and consultation to the executive county superintendent on the issue of regionalization of school districts or consolidation of school district services. The advisory committee shall consist of representation from each school district in the county and shall meet on a monthly basis. At least quarterly, the executive county superintendent will invite county representatives from the New Jersey Leadership for Educational Excellence (LEE) Group to attend and participate in the advisory committee meetings. The LEE Group is composed of the New Jersey Education Association, the New Jersey Principals and Supervisors Association, the New Jersey School Boards Association, New Jersey Association of School Business Officials, the New Jersey Association of School Administrators, and the New Jersey Parent Teachers Association. The executive county superintendent may designate the county superintendent roundtable as the advisory committee, if appropriate. If the roundtable is used, attendance by the above organizations shall include only the portion of the roundtable meeting dedicated to the issue of regionalization and consolidation of services.

(b) The executive county superintendent may create one or more advisory subcommittees that address issues by subject matter, by region, or by some other method. Subcommittee members may be local taxpayers or residents, district board of education members, school district employees, parents, local government officials, representatives of State or local education associations, or others, as deemed appropriate by the executive county superintendent. The membership shall reflect the diversity of the county to the extent possible.

(c) The executive county superintendent shall determine the working structure of the advisory subcommittees as the executive county superintendent deems most effective and efficient.

(d) The executive county superintendent shall coordinate the work of the advisory subcommittees and shall report on the progress of that work to the advisory committee at its monthly meetings.

(e) The executive county superintendent shall report on the progress of the advisory committee and advisory subcommittees' work at the regularly scheduled executive county superintendent roundtables, as appropriate.

(f) The executive county superintendent may take, as necessary, appropriate action to engage consultants to perform the work and studies required by this chapter, including assisting school districts in submission of applications for funds pursuant to the Sharing Available Resources Efficiently (SHARE) program, pursuant to N.J.S.A. 40A:65-30.

(g) The executive county superintendent shall encourage the advisory subcommittees to solicit input, to the extent possible, from current school employee representatives regarding regionalization and consolidation of services proposals.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-2.3 Consolidation and sharing of services; joint and cooperative purchasing

(a) The executive county superintendent, in consultation with the advisory committee, shall study the consolidation of school districts' administrative services, to the extent practical. In particular, the executive county superintendent shall focus on identifying opportunities for consolidation of administrative services in the following types of school districts:

Any school district with enrollment of 1,000 students or less;
Any school district with five or fewer school buildings;
Two or more contiguous local school districts of the same county with a combined enrollment of 2,500 students or less;

School districts that receive non-resident pupils pursuant to a formal sending-receiving relationship and their sending school districts with a combined enrollment of 5,000 students or less;

Limited-purpose regional school districts and their member school districts with a combined enrollment of 5,000 students or less; and
Any school district with an administrative cost per pupil in excess of 125 percent of the county median administrative cost per pupil.

(b) The study shall include consideration of the following models:

Shared leadership models where one or more school districts share the services and cost of one or more administrators pursuant to N.J.S.A. 18A:17-24.1 et seq.
Consortiums such as ESCs, CSSSDs, jointure commissions, jointure agreements, and audio/visual aid commissions;
Cooperative bidding or joint purchasing models;
Shared purchased services models for services, such as accounting, graphic arts and printing, child study team services, transportation, food services, employee recruitment and screening services, and substitute calling services;
Shared systems models such as computer networks, financial and human resource management software systems, electronic records storage, and information management systems;
Other consolidated administrative services and non-instructional services arrangements, including, but not limited to, regional school districts or county offices of education pursuant to N.J.S.A. 18A:7-12; or
The study may also consider the feasibility of "alternative approaches" for the sharing or consolidating administrative or management services between school districts. If an alternative approach that is not currently authorized by statute is proposed, the alternative approach shall not be implemented unless and until statutory authorization for the alternative approach is duly enacted.

(c) The executive county superintendent shall also study ways to promote cooperative purchasing of textbooks and other instructional materials with the expectation that school districts, ESCs, CSSSDs, and jointure commissions shall be the primary entities for procuring such materials for the operation of school districts.

(d) As part of the study, the executive county superintendent may conduct a survey of all school districts in the county, CVSDs, CSSSDs, ESCs, and other county- or regional-based entities to determine the scope of administrative services currently available within or outside the county and the capacity of administrative service providers to provide said services.

(e) As part of the study, the executive county superintendent may solicit proposals, as necessary, from school districts, ESCs, CVSDs, CSSSDs, or other county entities to expand the scope of available administrative services and/or provider capacity to provide said services.

(f) Based on the study conducted pursuant to (a) through (e) above, the executive county superintendent shall make to the Commissioner one or more of the following recommendations:

Where a cost/benefit analysis demonstrates the consolidation of one or more administrative services is economically advantageous and the consolidation of said service(s) will have no negative impact on a school district's educational program, the executive county superintendent shall recommend the school districts be required to enter into arrangements to consolidate administrative services.
Where it is determined that designation of one or more lead administrative service providers for one or more specific available administrative services are most effective and efficient and are in the best interest(s) of the county's school districts, the executive county superintendent shall recommend such designation(s).
Where the establishment of a new administrative service provider(s) or shared service administrative arrangement(s) or expansion of administrative services delivered by a current provider within the county is in the best interests of the county's school districts, the executive county superintendent shall recommend the establishment or expansion of provider(s) for administrative services such as:

i. An ESC, pursuant to N.J.S.A. 18A:6-52;

ii. A county department of child study to coordinate special education services and basic child study team services on a countywide basis, pursuant to N.J.S.A. 18A:46-3 and, when applicable, N.J.S.A. 18A:7-12;

iii. A CSSSD, pursuant to N.J.S.A. 18A:46-29;

iv. A school board insurance group, pursuant to N.J.S.A. 18A:18B-3 et seq.;

v. A joint purchasing arrangement, pursuant to N.J.S.A. 18A:18A-11 et seq.;

vi. A joint transportation arrangement, pursuant to N.J.S.A. 18A:39-11 et seq.; and/or

vii. A county educational audiovisual aids center for media and library services, pursuant to N.J.S.A. 18A:51-1 et seq.

(g) The topic of consolidated administrative services shall be an item on the agendas of the executive county superintendents and county school business officials for their respective countywide roundtable meetings at least once each quarter. Presentations may include school district success stories, service provider availability and capacity, and new or additional administrative service needs or suggestions to improve existing shared administrative services.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-2.4 Elimination of non-operating school districts

(a) The executive county superintendent shall submit to the Commissioner a plan to eliminate non-operating school districts. The plan shall address, but not be limited to, the following issues:

The executive county superintendent recommendation as to the most appropriate local school district within the county for the non-operating school district with which to consolidate that results in the least disruption on educational delivery, school district operations, and local finances, including the allocation of tax levy and State aid. The current receiving school district shall be considered the presumptive, most appropriate, local school district that results in the least disruption. Factors to rebut this presumption include the receiving school district's status pursuant to the Every Student Succeeds Act, P.L. 114-95, whether the school district not operating a school is currently sending to multiple school districts, and the long-term goal of creating all-purpose regional districts;
A general description of the constituent communities, including the communities' population, housing trends, and ratables;
A general description of the constituent school districts, including, but not limited to, the board(s) of education, school buildings, enrollment, grade levels by school district, and financial information. The financial information shall include, but not be limited to, revenues and appropriations, ratables, borrowing margins, general fund and debt service fund tax levies, and State aid;
Procedures, if needed, to transition current administrative duties of the non-operating school district to the proposed new school district;
An estimate of additional costs, if any, for the proposed new school district to assume the current administrative duties of the non-operating school district;
An estimate of efficiencies and cost savings, if any, resulting from the consolidation of school districts such as the elimination of the need to prepare annual tuition contracts and monthly tuition bills;
A comparison of the estimated State aid and property tax impact for the proposed new school district and the sum of State aid and property taxes for the constituent school districts as currently authorized by statute. The executive county superintendent may consider alternative approaches to the allocation of property taxes and State aid if such approach results in the least financial disruption to the constituent school districts. If an alternative approach that is not currently authorized by statute is proposed, the alternative approach shall not be implemented unless and until statutory authorization for the alternative approach is duly enacted;
A description of the new district board of education as currently authorized by statute, including a description of the constituent districts' boards of education. The executive county superintendent may consider an alternative approach to the new district board of education. If an alternative approach that is not currently authorized by statute is proposed, the alternative approach shall not be implemented unless and until statutory authorization for the alternative approach is duly enacted;
District-specific issues and concerns, including, but not limited to, building ownership by the non-operating school district, potential loss of Federal Impact aid or other special revenue sources, and new transportation concerns. If the non-operating school district owns a building(s), a description of the building(s) and plan for the building to be transferred to the municipality in which the non-operating school district is located, unless a deed restriction on the building(s) indicates otherwise;
The process to liquidate all remaining assets and close the fiscal books of the non-operating school district, including arranging for the final audit. All remaining cash and fund balances after completion of the liquidation process shall be transferred to the municipal government of the non-operating school district; and
The transfer of files, records, equipment, and supplies.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-2.5 Shared special education services

(a) The executive county superintendent shall promote and facilitate the sharing of special education services consistent with the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400 et seq., requirements, as follows:

Coordinate with the Department to maintain a real-time Statewide and districtwide database that tracks the types and capacity of special education programs being implemented by each school district and the number of students enrolled in each program to identify program availability and needs;

Coordinate with the Department to maintain a Statewide and districtwide 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;

Serve as a referral source by maintaining information on placement options available in other school districts and their tuition rates for school districts that do not have appropriate in-district programs for individual special education students.

i. When school personnel serving on an IEP team are considering that a student's IEP be implemented in a special class program that is not available in-district, they shall inform the executive county superintendent of the student's age and the class type being considered.

ii. The executive county superintendent shall identify whether special class programs are available in other school districts and if there are vacancies. The executive county superintendent shall inform the district of any available in-district programs for the IEP team's consideration.

iii. Prior to making a determination regarding the student's placement, the school district shall convene a meeting of the IEP team to consider all placement options, including placements identified by the executive county superintendent, and shall identify the appropriate placement in the least restrictive environment in accordance with N.J.A.C. 6A:14.

iv. After an IEP team determines a placement other than one of the placement options identified by the executive county superintendent, the school district shall provide a written explanation as to why the placement option selected was the appropriate one for the purpose of identifying program gaps and needs within school district programs;

Conduct regional planning, identify the program needs of the county, and work with school districts in the development of in-district special education program options;

Identify special class programs within the county's school districts serving students with like IEPs that may be appropriately consolidated within legally permissible class size limits within one school or school district;
Maintain a list of appropriately licensed and/or certified professionals or appropriate county entities, and their fees, available to provide related services such as speech, physical therapy, or occupational therapy, on an as-needed basis;
Maintain a list of appropriately licensed or certified professionals to participate on or supplement school district child study teams or of appropriate county entities, and their fees, able to provide appropriately licensed and/or certified professionals to participate on or supplement school district child study teams;
With consideration of school districts' size, classification rates, types of classifications, caseloads, geographic proximity, staffing, budget constraints, or other available information, investigate the feasibility of two or more school districts sharing of special education staff members, including a director, child study teams, and related services providers, and make a formal written recommendation, as appropriate;
Prepare and circulate within the county an inventory by school district of surplus or idle equipment used by students with disabilities; and
Provide assistance to school districts in budgetary planning for resource realignment and reallocation to direct special education resources into the classroom through shared service arrangements and other methods.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-2.6 Reserved

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-2.7 Reserved

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 3 ADMINISTRATOR AND DISTRICT BOARD OF EDUCATION MEMBER ACCOUNTABILITY

N.J. Admin. Code § 6A:23A-3.1 Review of employment contracts for superintendents, assistant superintendents, and school business administrators

(a) The executive county superintendent shall review and approve, for all superintendents, superintendents reappointed pursuant to N.J.S.A. 18A:17-20.1, deputy superintendents, assistant superintendents, and SBAs, including any interim, acting, or person otherwise serving in these positions, in school districts, CVSDs, CSSSDs, and other school districts, except charter schools, within the county under the supervision of the executive county superintendent:

(b) In counties where there is no executive county superintendent, an executive county superintendent from another county shall be designated by the Commissioner to review and approve all contracts at (a) above.

(c) The contract review and approval shall take place prior to any required public notice and hearing pursuant to N.J.S.A. 18A:11-11, and prior to the district board of education approval and execution of the contracts to ensure compliance with all applicable laws, including, but not limited to, N.J.S.A. 18A:30-3.5, 18A:30-9, 18A:17-15.1, and N.J.S.A. 18A:11-12.

The public notice and public hearing required pursuant to N.J.S.A. 18A:11-11 shall be applicable to a district board of education that renegotiates, extends, amends, or otherwise alters the terms of an existing contract with a superintendent, deputy superintendent, assistant superintendent, or SBA. It shall not apply to new contracts, including contracts that replace expired contracts for existing employees in one of the positions at (a) above, whether tenured or not tenured. Nothing shall preclude a district board of education from issuing a public notice and/or holding a public hearing on new contracts, including new contracts that replace expired contracts for existing tenured and non-tenured employees.

(d) In connection with the executive county superintendent's review of the contract, the district board of education shall provide the executive county superintendent with a detailed statement setting forth the total cost of the contract for each applicable year, including salary, longevity (if applicable), benefits, and all other emoluments.

(e) The contract review and approval shall be consistent with the following additional standards:

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.
No contract shall include provisions inconsistent with the travel requirements pursuant to N.J.S.A. 18A:11-12 and N.J.A.C. 6A:23A-7, 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.
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 (TPAF), life insurance, disability insurance (if offered), and health benefit costs.
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 cannot 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.
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; for example, an annuity or life insurance plan that supplements or duplicates a plan already made available to the employee. Notwithstanding the provisions of this section, a contract may contain an annuity where benefits are already contained in the existing contract between that employee and the school district.
Contractual provisions regarding accumulation of sick leave and supplemental compensation for accumulated sick leave shall be consistent with N.J.S.A. 18A:30-3.5 and 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.A. 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.
Contractual provisions regarding accumulation of unused vacation leave and supplemental compensation for accumulated unused vacation leave shall be consistent with N.J.S.A. 18A:30-9. Contractual provisions for payments of accumulated vacation leave prior to separation can 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 at N.J.S.A. 18A:30-9 after June 8, 2007, as well as 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.
Contractual provisions that include a calculation of per diem for 12-month employees shall be based on a 260-day work year.

No provision for a merit bonus shall be made except where payment is contingent upon achievement of quantitative merit criterion and/or qualitative merit criterion:

i. A contract may include no more than three quantitative merit criteria and/or two qualitative merit criteria per contract year.

ii. The executive county superintendent shall approve or disapprove the selection of quantitative merit and/or qualitative merit criteria and the data that forms the basis of measuring the achievement of quantitative merit and/or qualitative merit criteria.

iii. 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 such merit bonus shall be considered "extra compensation" for purposes of N.J.A.C. 17:3-4.1 and shall not be cumulative.

iv. 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.

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 section, 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.
No provision for payment at the time of separation or retirement shall be made for work not performed except as otherwise authorized above.
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 New Jersey Office of Management and Budget (NJOMB) circulars. If such allowance is included, the employee cannot be reimbursed for business travel mileage nor assigned permanently a car for official school district business. Any provision of a car for official school district business shall conform with N.J.A.C. 6A:23A-6.12 and shall be supported by detailed justification. No contract shall include a provision of a dedicated driver or chauffeur.
All superintendent contracts shall include, pursuant to N.J.S.A. 18A:17-15.1, the required provision that states that the contract is null and void in the event the superintendent's certificate is revoked.
No contract shall include a provision for additional compensation upon the acquisition of a graduate degree unless the graduate degree is conferred by an accredited college or university. 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 an accredited institution college or university.

(f) Any action(s) by the executive county superintendent undertaken pursuant to this subchapter may be appealed to the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-3.2 Required actions relative to early termination of superintendent

(a) Pursuant to N.J.S.A. 18A:17-20.2a, the district board of education shall submit to the Commissioner for prior approval an early termination of employment agreement for its superintendent that includes the payment of compensation as a condition of separation.

(b) Early termination of employment agreements shall only be for involuntary separation of the superintendent where the district board of education documents the separation agreement is in the best interests of the school district's students and/or operations.

Indictment for a felony unless subsequently cleared or acquitted;
Conviction of a felony;
Documented cause such as gross mismanagement, purposeful waste, or fraud;
Revocation of the administrative certificate with a school administrator endorsement; or
Finding(s) of ethical violations by the School Ethics Commission.

(d) No early termination of employment agreement shall contain payment of compensation as a condition of separation when the existing employment contract already contains provisions for compensation as a condition of separation.

(e) No early termination of employment agreement shall include payment for unspecified future work or for work not actually performed, such as a retainer for unspecified consultation or for advice subsequent to separation.

(f) Early termination agreements shall not include the value of accrued, unused sick days except as permitted pursuant to N.J.S.A. 18A:30-3.5.

(g) Early termination agreements containing compensation for separation cannot 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 pursuant to the contract, except as noted in the following:

The value of accrued, unused vacation days shall not exceed the sum of accrued, unused vacation days as of June 8, 2007, unused vacation days accrued in the school year in which the separation agreement is entered, and unused vacation days accrued in the year preceding the school year in which the separation agreement is entered, to the extent permitted pursuant to N.J.S.A. 18A:30-9, provided payment for accrued, unused vacation days is an express provision of the existing contract.

(h) No early termination of employment agreement shall include extended payment, payment for retroactive salary increases, bonuses, overtime, longevity, accrued vacation, or other time benefit, or any other benefit neither expressly contained in the employment agreement being terminated early nor earned according to performance or other criteria established in the agreement.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-3.3 Certification review under certain conditions

The State Board of Examiners shall review the certificate(s) held by the school district's superintendent and SBA, pursuant to N.J.S.A. 18A:6-38.2, when the appointment of a State monitor is authorized, pursuant to N.J.S.A. 18A:7A-55.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-3.4 Noncompliance with GAAP, review of certification of an SBA

The Commissioner, pursuant to N.J.S.A. 18A:6-38.3, shall recommend to the State Board of Examiners that it review the certificate(s) held by the school district's SBA when any school district's accounting system and financial reports are not in compliance with GAAP.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 4 SCHOOL DISTRICT FISCAL ACCOUNTABILITY

N.J. Admin. Code § 6A:23A-4.1 Additional powers of Commissioner to achieve fiscal accountability

(a) The Commissioner may appoint an external entity to perform a compliance audit of a school district's general fund spending upon identification that the school district may be spending State education funds for purposes that are not in compliance with State education laws and regulations.

(b) The final report shall include, as applicable:

Specific findings of:

i. Spending that was not in compliance with Federal and State law and regulations;

ii. Procedural noncompliance with Federal and State law and regulations;

iii. Noncompliance with GAAP and/or generally accepted business practices;

iv. Weaknesses in the system of internal controls; and

v. Questionable or inefficient spending practices;

The cause of each finding;
Specific corrective recommendations; and
The school district response to each finding and recommendation.

(c) The Commissioner may use the audit report as evidence for the appointment of a State monitor pursuant to N.J.S.A. 18A:7A-55.

(d) The school district shall reimburse the Department the total cost of the compliance audit if the audit determined State aid spending was not in compliance with State education law and regulation.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-4.2 Compliance with requirements for income tax

(a) The SBA or any other person designated by the district board of education shall certify to the New Jersey Department of the Treasury on a form provided by the Department of the Treasury that all documentation prepared for income tax related purposes, in regard to superintendents, assistant superintendents, and SBAs, complies fully with Federal and State laws and regulations regarding the types of compensation that are required to be reported.

(b) The personal use of a school district vehicle and/or use of driver services shall be taxable to the employee as a non-cash fringe benefit pursuant to the IRS Code. "Personal use" includes commuting to and from work, as well as personal travel. Pursuant to N.J.A.C. 6A:23A-3.1 and 6.12, a school district shall not assign a vehicle permanently to an individual for the primary purpose of commuting nor shall a school district provide a dedicated driver or chauffeur. Incidental personal use, however, shall be permitted and shall be taxable pursuant to the IRS Code.

The SBA or designee shall be responsible for notifying the affected employees, within 30 days of providing them with the use of a school district vehicle, of the valuation method to be used to calculate their vehicle fringe benefit.
The value of the services provided by a driver to the individual assigned a school district vehicle shall also be included in determining the total taxable fringe benefit.
The total taxable non-cash fringe benefit amount shall be the proportional share of personal use and commutation value to total value of the school district vehicle and driver salary.
The taxable non-cash fringe benefit amount shall be included in the gross wages of the final pay period of the calendar year, and displayed in the box entitled "Taxable Benefits" on the W-2 Forms of the affected employees.
The taxable non-cash fringe benefit amount shall be included in taxable Federal wages and taxable State wages for New Jersey residents.
FICA and Medicare contributions, if required, shall be withheld for affected employees on the final pay period of the calendar year.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-4.3 Annual audit to assure income tax reporting compliance

The annual audit conducted pursuant to N.J.S.A. 18A:23-1 shall include test measures to assure the documentation prepared for income tax related purposes complies fully with Federal and State laws and regulations regarding the compensation that is required to be reported.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-4.4 Repeat annual audit recommendations; action required

(a) School districts that had repeat audit findings in the Auditor's Management Report, issued pursuant to N.J.A.C. 6A:23A-4.1, that is submitted with the ACFR in any year shall submit, within 30 days of the ACFR submission, to the executive county superintendent or State monitor, as applicable, a specific corrective action plan for addressing the repeat audit findings noted in the Auditor's Management Report. The corrective action plan shall include the following:

Conditions that caused the repeat recommendation(s);

Corrective actions taken, or to be taken, and the dates, or projected dates, of the actions;

Internal controls put in place, or to be put in place, to prevent another repeat of the recommendation and the dates, or projected dates, of their implementation; and
The administrator directly responsible for implementing the actions and controls at (a)2 and 3 above.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 5 ADDITIONAL MEASURES TO ENSURE EFFECTIVE AND EFFICIENT EXPENDITURES OF DISTRICT FUNDS

N.J. Admin. Code § 6A:23A-5.1 Order to show cause to withhold or recover State aid due to excessive, unreasonable, ineffective, or inefficient expenditures

(a) If the Department identifies ineffective or inefficient expenditure(s) by a school district or CVSD, including, but not limited to, the practices prohibited at N.J.A.C. 6A:23A-5.2 through 5.9, the Commissioner shall provide, except as otherwise provided at (h) below, the school district or CVSD the opportunity to be heard as to why the amount of the ineffective or inefficient expenditure(s) shall not be withheld from State aid or refunded to the Department.

(b) The proceeding shall be instituted by an order to show cause filed by the petitioner. The filing shall include a statement of factual findings along with a letter memorandum setting forth the basis for the position that the expenditure(s) was ineffective or inefficient.

(c) The respondent(s) to whom the order is directed shall file, within 15 days, a response to the letter memorandum and an answer that meets the filing, service, and format requirements for answers as set forth at N.J.A.C. 6A:3, Controversies and Disputes.

(d) The petitioner may file a reply to the response within 10 days.

(e) Upon review of the filings, the Commissioner may decide to hear the matter directly pursuant to N.J.S.A. 52:14F-8 or refer the matter to the Office of Administrative Law. If the Commissioner decides to transmit the matter to the Office of Administrative Law, such transmission shall be done on an expedited basis.

(f) If the Commissioner is hearing the matter directly, upon receipt of the filings set forth in this section or upon expiration of the time for their submission, the Commissioner shall review the total record before the Commissioner and render a written decision.

(g) The Commissioner's decision shall include a determination of whether the expenditure was ineffective or inefficient and, if so, the amount of funds to be withheld from State aid or refunded by the school district.

(h) Nothing shall preclude the Commissioner from immediately and summarily withholding State aid pursuant to N.J.S.A. 18A:55-2 if, at any time, it is determined the fiscal practices, actions, or expenditures of a school official, district board of education member, district board of education, or any other party under the Commissioner's jurisdiction are in violation of any statute, regulation, rule, or directive of the State Board of Education or Commissioner.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-5.2 Public relations and professional services; district board of education policies; efficiency

(a) Each district board of education of a school district and CVSD shall establish by policy(ies) a strategy(ies) to minimize the cost of public relations, as defined at N.J.A.C. 6A:23A-9.3(c), and professional services. The policy(ies) shall include, to the extent practical and cost effective, but need not be limited to, the following provisions:

A maximum dollar limit, established annually prior to budget preparation, for public relations, as defined at N.J.A.C. 6A:23A-9.3(c), and each type of professional service, with appropriate notification to the district board of education if it becomes necessary to exceed the maximum. Upon such notification, the district board of education may adopt a dollar increase in the maximum amount through formal district board of education action;
Establishment of procedures to ensure the prudent use of legal services by employees and district board of education members and the tracking of the use of those services.
School districts with legal costs that exceed 130 percent of the Statewide average per pupil amount should establish the following procedures and, if not established, provide evidence the procedures would not result in a reduction of costs:

i. A limitation on the number of contact persons with the authority to request services or advice from contracted legal counsel;

ii. Criteria or guidance to prevent the use of legal counsel unnecessarily for management decisions or readily available information contained in school district materials such as policies, administrative regulations, or guidance available through professional source materials;

iii. A provision that requests for legal advice shall be made in writing and shall be maintained on file in the school district offices and a process to determine whether the request warrants legal advice or if legal advice is necessary; and

iv. A provision to maintain a log of all legal counsel contact, including name of legal counsel contacted, date of contact, issue discussed, and length of contact. Legal bills shall be compared to the contact log and any variances shall be investigated and resolved;

A provision that requires contracts for legal services to comply with payment requirements and restrictions pursuant to N.J.S.A. 18A:19-1 et seq. and as follows:

i. Advance payments shall be prohibited;

ii. Services to be provided shall be described in detail in the contract;

iii. Invoices for payment shall itemize the services provided for the billing period; and

iv. Payment shall be only for services actually provided;

Professional services contracts are issued in a deliberative and efficient manner that ensures the school district receives the highest quality services at a fair and competitive price or through a shared service arrangement. This may include, but is not limited to, issuance of such contracts through a request for proposals (RFP) based on cost and other specified factors or other comparable process; and

Professional services contracts are limited to non-recurring or specialized work for which the school district does not possess adequate in-house resources or in-house expertise to conduct.

(b) School districts and CVSDs shall not contract with legal counsel or use in-house legal counsel to pursue any affirmative claim or cause of action on behalf of school district administrators and/or any individual district board of education member(s) for any claim or cause of action in which the damages to be awarded would benefit an individual rather than the school district as a whole.

(c) School district and CVSD publications shall be produced and distributed in the most cost-efficient manner possible that will enable the school district to inform and educate the target community. The use of expensive materials or production techniques where lower cost methods are available and appropriate, such as the use of multi-color glossy publications instead of suitable, less expensive alternatives, shall be prohibited.

(d) School districts and CVSDs shall not distribute, through mass mailings or other means to the school district community at large, publications that include the picture(s) of any district board of education member(s) within 90 days before any election in which any district board of education member is seeking any elective office or any election relating to school district operations held in the school district. Moreover, any publication(s) distributed by the district board of education through mass mailings or other means, to the school district community at large within 60 days before any election in which any district board of education member is seeking any elective office or any election relating to school district operations held in the school district shall be submitted to the executive county superintendent for review prior to distribution to ensure public funds are being expended in a reasonable and cost-effective manner.

(e) Public relations activities, such as booths at Statewide conferences, marketing activities and celebrations for opening schools and community events, and TV productions that are not part of the instructional program or do not provide, in a cost-effective way, information about school district or district board of education operations to the public, that are excessive in nature are prohibited. All activities involving promotional efforts to advance a particular position on school elections or any referenda shall be prohibited.

(f) Nothing in this section shall preclude a district board(s) of education from accepting donations or volunteer services from community members, local private education foundations, and local business owners to conduct or assist in public relations services. Examples include, but are not limited to:

Providing school district flyers, newsletters, or other materials containing school district related information of public concern to local businesses, public meeting places, or other local organizations to display or make available for dissemination;
Making school district related information of public concern available to local newspapers to publish related articles; and
Utilizing volunteer services of local community members, school district employees, members of parent organizations, or local businesses with expertise in related areas such as printing, advertising, publishing, or journalism.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-5.3 Failure to maximize Special Education Medicaid Initiative (SEMI)

(a) Every school district and CVSD, with the exception of any school district that obtains a waiver of this section's requirements at (b) below, shall take appropriate steps to maximize its revenue from the Special Education Medicaid Initiative (SEMI) program by following the policies and procedures to maximize participation in the program at (d) below and to comply with all program requirements at (e) below.

(b) School districts and CVSDs may seek, in the prebudget year, a waiver of this section's requirements upon demonstration that for the subsequent school year: the school district projects, based on reliable evidence, that it will have 40 or fewer Medicaid-eligible classified students.

The application for a waiver of this section's requirements shall be made to the executive county superintendent no less than 45 days prior to the submission of the school district's proposed budget for the school year to which the waiver request applies. The executive county superintendent shall notify the school district of the decision on the waiver application within 20 days of receipt of the waiver request. If the waiver is not granted, the school district shall submit to the executive county superintendent a SEMI action plan required at (f) below as part of its annual school district budget submission, or shall demonstrate to the executive county superintendent that the school district has achieved maximum participation in the SEMI program in the prebudget year.

(c) As part of the annual budget information, the Department shall provide each school district and CVSD with a projection of available SEMI reimbursement for the budget year, as determined by the New Jersey Department of the Treasury's third-party administrator for SEMI.

The school district shall recognize as revenue in its annual school district budget no less than 90 percent of said projection.
A school district or CVSD may seek approval from the executive county superintendent to use its own projection of SEMI reimbursement upon demonstration the numbers it used in calculating the projection are more accurate than the projection provided.

(d) Each school district or CVSD shall strive to achieve maximum participation in the SEMI program. For purposes of this section, "maximum participation" means obtaining a 90 percent return rate of parental consent forms for all SEMI-eligible students. School districts shall enter all students following their evaluations into the third-party system as determined by the New Jersey Department of the Treasury to identify the school district's universe of eligible students. This may be done without parental consent.

(e) School districts participating in the SEMI reimbursement program shall comply with program requirements as follows:

Each district board of education or CVSD board of education shall implement a policy concerning the effective and efficient administration of the SEMI reimbursement program consistent with the requirements of this section. A complete listing of requirements and information are available at the SEMI/MAC website at https://www.state.nj.us/treasury/administration/semi-mac/semi.shtml.
Any service submitted to Medicaid for reimbursement shall be rendered by a Medicaid qualified practitioner, or rendered by a provider under the supervision of a Medicaid qualified practitioner. The following outlines the required documentation for each related service provider:

i. Nurses--copy of license (educational services certificate issued by the State Board of Examiners is not required for SEMI);

ii. Occupational Therapist--copy of license and educational services certificate issued by the State Board of Examiners;

iii. Physical Therapist--copy of license and educational services certificate issued by the State Board of Examiners;

iv. Psychologist--copy of educational services certificate issued by the State Board of Examiners;

v. Social worker--copy of educational services certificate issued by the State Board of Examiners;

vi. Speech-language specialist:

(1) Qualification and documentation for provision of evaluation services shall include:

(A) Copy of licensed physician's orders, which shall be maintained with the student's IEP; or

(B) Copy of New Jersey license as a speech-language pathologist and educational services certificate with a speech-language specialist endorsement (N.J.A.C. 6A:9B-14.6) for the individual whose signature appears on the IEP; or

(2) Qualification for provision of related services shall include:

(A) Copy of educational services certificate or endorsement issued by the State Board of Examiners and an American Speech-Language-Hearing Association (ASHA) Certificate of Clinical Competence; or

(B) Copy of educational services certificate with a speech-language specialist endorsement and a valid license authorized by the State Audiology and Speech-Language Pathology Advisory Committee in accordance with N.J.S.A. 45:3B-1 et seq.

vii. Audiologist--copy of license issued by the State Audiology and Speech-Language Pathology Advisory Committee in accordance with N.J.S.A. 45:3B-1 et seq.

Practitioners who are not Medicaid qualified can deliver services under the direction of Medicaid qualified practitioners. Practitioners who are not Medicaid qualified include only certified occupational therapist assistants (COTAs), physical therapist assistants (PTAs), speech-language specialists who do not meet the qualifications at (e)2vi(2)(A) or (B) above, and licensed practical nurses (LPNs).
Any direct therapy or other related service shall be prescribed in the related services section of the student's IEP prior to submitting a claim to Medicaid for reimbursement. Delivery of nursing services and dispensing of medication shall be referenced in the IEP and supported by physicians' orders or prescriptions, which shall be maintained on file. Supporting documentation to be maintained by the school district shall be the cover/signature page, related services section of the IEP, therapy logs, and the evaluations and assessments conducted by the Medicaid-qualified practitioners.
Entities where the school district has placed SEMI-eligible students shall take steps to enable school districts to maximize participation, including either logging the eligible services provided directly through the third-party system as determined by the New Jersey Department of the Treasury or the sending school district, as mutually agreed upon with the school district, and obtaining SEMI provider qualification certifications. Every out-of-district placement shall provide copies of SEMI provider qualifications, certifications, and licenses. This paragraph applies to the following out-of-district placement options:

i. Approved private schools for students with disabilities;

ii. Educational services commissions;

iii. Jointure commissions;

iv. Vocational half-time programs;

v. Department regional day schools; and

vi. County special services school districts.

Each school district that does not have an approved waiver pursuant to (b) above shall comply with the program requirements to assure the year-end cost settlement of SEMI claims is properly calculated with the standardized submission of quarterly and annual cost data, as well as staff pool lists transmitted directly through the third-party system as determined by the New Jersey Department of the Treasury.
To retain reimbursement, each school district that does not have an approved waiver pursuant to (b) above shall ensure compliance with the necessary components of the cost settlement requirements, which include completion of the online questionnaire -- Random Moment Time Study (RMTS) -- by staff provided directly through the third-party system as determined by the New Jersey Department of the Treasury.
All supporting documentation for a Medicaid claim shall be maintained on file and available for audit or State review for at least seven years from the date of service. Supporting documentation shall include provider certification (current and historical for each provider); provider service logs, licenses, and/or certificates issued by the Division of Consumer Affairs or the Department, as applicable; physician authorizations for nursing services; parental consent forms; attendance records; and copies of the student's IEP.

(f) Each school district that has less than 90 percent participation of SEMI eligible students in the prebudget year or that has failed to comply with all program requirements at (e) above shall submit a SEMI action plan to the executive county superintendent for review and approval as part of the school district's proposed budget submission.

(g) The SEMI action plan shall include the following components:

Procedures for obtaining parental consent forms, such as the parental consent best practices that are available from the Department.
Establishment of a benchmark for the year of implementation or for the first year the school district does not have an approved waiver pursuant to (b) above, whichever is applicable, for obtaining maximum participation of all SEMI-eligible students by the start of the subsequent school year.

i. The benchmarks for the first year of implementation or for the first year the school district does not have an approved waiver pursuant to (b) above, whichever is applicable, for achieving maximum participation, shall close, at a minimum, the gap between current participation and maximum participation by 50 percent by the beginning of the subsequent school year; and

ii. The benchmarks shall be based on the percentage of parental consent forms collected from eligible students. The number of parental consent forms shall reflect one parental consent form or one document noting parental refusal for each eligible student;

Procedures to ensure all IEP meetings are documented in the third-party administrator's system. IEPs are claimable only if a Medicaid qualified practitioner is present and it is documented that a health-related service is discussed;
Procedures to ensure all SEMI-eligible services, including services provided by entities where the school district has placed SEMI-eligible students, are documented in the third-party administrator's system;

Procedures to ensure a valid IEP is on file and the IEP date is on file in the third-party administrator's system for each SEMI-eligible student for whom parental consent has been obtained; and

Procedures to ensure service providers used by the school district and entities where the school district has placed SEMI-eligible students have valid licenses and certifications documenting SEMI provider qualifications on file in the third-party administrator's system.

(h) School districts that did not achieve 90 percent participation, or achieve their approved benchmarks in the SEMI program for a given budget year and cannot demonstrate they fully implemented their Department-approved SEMI action plan required at (f) and (g) above, shall be subject to review for the withholding of State aid by the Commissioner, pursuant to N.J.S.A. 18A:55-3, in an amount equal to the SEMI revenue projection based on their approved benchmark for the budget year, if applicable, less actual SEMI reimbursements for the budget year. The State aid deduction shall be made in the second subsequent year after the budget year.

(i) School districts that do not meet the requirement of the cost-settlement components of SEMI may be required to refund all or part of their SEMI reimbursements.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-5.4 Violation of public school contracts law

(a) Pursuant to the authority granted the Commissioner pursuant to N.J.S.A. 18A:55-2 and 18A:7F-60, the Commissioner shall subject to review for the withholding of State funds any school district or CVSD that fails to obey the provisions of the Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq.

(b) The amount of funds withheld shall equal the amount of the contract awarded in violation of N.J.S.A. 18A:18A-1 et seq., except for violations related to the award of contracts under the extraordinary unspecifiable services (EUS) provision, which shall be governed by N.J.S.A. 18A:18A-46.1.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-5.5 Expenditure and internal control auditing

(a) Pursuant to a phase-in schedule to be determined by the Commissioner, a school district or CVSD board of education that receives 50 percent or more of its general fund budget in State aid during the 2008-2009 school year shall engage an independent certified public accountant or independent certified public accounting firm, other than the accountant or firm that performs the annual audit pursuant to N.J.S.A. 18A:23-1 et seq., to conduct a valid sampling of expenditures made during the most recently completed school year that the school district received 50 percent or more of its general fund budget in State aid. The purpose of the audit is to determine the educational value and/or reasonableness of expenditures and to conduct a sampling of internal controls sufficient to determine the adequacy of the school district's internal control structure. In establishing the phase-in schedule for the audits, the Commissioner shall take into account the time period that has elapsed since any other expenditure and/or comprehensive internal control audit beyond the ACFR has been conducted in the school district, the school district's performance on the fiscal management section of the most recent NJQSAC evaluation, and any other factors the Commissioner determines are relevant.

(b) A district board of education or CVSD board of education that receives 50 percent or more of its general fund budget in State aid in any school year subsequent to 2008-2009 shall engage an independent certified public accountant or independent certified public accounting firm, other than the accountant or firm that performs the annual audit pursuant to N.J.S.A. 18A:23-1 et seq., to conduct a valid sampling of expenditures made during the school year in which it received 50 percent or more of its general fund budget in State aid to determine the educational value and/or reasonableness of said expenditures and to conduct a sampling of internal controls sufficient to determine the adequacy of the school district's internal control structure.

(c) For a school district receiving between 50 and 75 percent of its general fund budget in State aid in the seventh year following the audit required at (a) above, an audit shall be conducted once every seven years.

(d) For a school district receiving greater than 75 percent of its general fund budget in State aid in the fourth year following the audit required at (a) above, an audit shall be conducted once every four years.

(e) The cost of the audit required under this section shall be considered to be outside the calculation of the per pupil administrative cost limit pursuant to N.J.S.A. 18A:7F-5.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-5.6 School district response to Office of Fiscal Accountability and Compliance (OFAC) investigation report

(a) Any school district or CVSD that has been subject to an audit or investigation by OFAC shall discuss the findings of the audit or investigation at a public meeting of the district board of education no later than 30 days after receipt of the findings.

(b) Within 30 days of the public meeting required at (a) above, the district board of education shall adopt a resolution certifying the findings were discussed in a public board meeting and approving a corrective action plan to address the issues raised in the findings. This resolution shall be submitted to OFAC within 10 days of adoption by the district board of education.

(c) The findings of the OFAC audit or investigation and the district board of education's corrective action plan shall be posted on the school district's website, if one exists.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-5.7 Verification of payroll check distribution

(a) At least once every three years, between the months of September through May, school districts and CVSDs shall require each school district employee to report to a central location(s), produce picture identification, and sign for release of the employee's paycheck or direct deposit voucher. The school district may exclude per diem substitutes from the required verification.

(b) Picture identification shall be in the form of a school district issued identification card, valid drivers' license, official passport, or other picture identification issued by a state, county, or other local government agency.

(c) The chief school administrator shall designate an appropriately qualified staff member to match the picture identification to the position control roster maintained by the office of personnel or human resources prior to release of the paycheck or direct deposit voucher.

(d) Where no appropriate identification can be produced, the school business administrator shall withhold paychecks or stop direct deposits until the payee/district employee produces appropriate identification or until an investigation and corrective action is concluded, as appropriate to the circumstances.

(e) Upon completion of the payroll check distribution verification procedures set forth in this section, the chief school administrator shall submit a certification of compliance, in a form prescribed by the Department, to the executive county superintendent. Verification of the school district's compliance with the provisions of this section shall be required as part of the annual audit.

History

Special amendment, R.2009 d.35, effective 12/18/2008.
See: 41 N.J.R. 642(a).
In (a), substituted "September" for "October" and "a central location(s)" for "the central office"; and added (c)1.
Amended by R.2017 d.089, effective 5/1/2017.
See: 48 N.J.R. 2665(a), 49 N.J.R. 1038(a).
Rewrote the section.
Modified by Executive Order No. 103(2020), effective 9/30/2020.
See: 52 N.J.R. 1987(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:23A-5.8 District board of education expenditures for non-employee activities, meals, and refreshments

(a) The words and terms used in this section shall have the following meanings, unless the context clearly indicates otherwise:

"Activities" means events or functions provided or held for the benefit of students, dignitaries, and other non-school district employees (for example, parents) that are paid from public funds.

"Dignitary" means a notable or prominent public figure; a high-level official; or an individual who holds a position of honor. A dignitary, for purposes of this section, is not a school district employee or district board of education member.

(b) Allowable expenditures for non-employee school district or county vocational school district board of education activities shall include:

All reasonable costs, including light meals and refreshments, directly related to activities that benefit students and are part of the instructional program, including expenditures for field trips and extracurricular programs that are not solely for entertainment. Nothing in this subsection shall preclude district boards of education from using student activity funds or accepting donations to support student activities that are solely for student entertainment;
All reasonable costs directly related to activities of dignitaries and other non-school district employees, including light meals, refreshments, and any other directly related expense. It is expected that expenditures for this purpose will be minimal and infrequent;
All reasonable costs of commencement and convocation activities for students; and
Expenditures related to school district employees to the extent the employees are essential to the conduct of the activity.

(c) A district board of education and CVSD board of education shall take, at a minimum, the following actions regarding student activities:

Pre-approve field trip destinations;
Establish dollar thresholds for awards to recognize special accomplishments; and
Establish a budget supported by general fund revenues for each category of activity in a non-discriminatory manner (for example, football, boys soccer, girls soccer, photography club). Student activity funds are excluded.

(d) Pursuant to N.J.S.A. 18A:11-12 and New Jersey Department of the Treasury, Office of Management and Budget Circulars for "Travel Regulations" and "Entertainment, Meals, and Refreshments" and this subchapter, the following costs shall not be permitted using public funding:

Receptions, dinners, or other social functions held for or honoring any school district employee(s) (for example, breakfast, luncheon, dinner, or reception for retirees or award recipients). This does not prohibit school districts from honoring employees without a social function or using public funds to support reasonable costs of employee recognition awards (for example, teacher of the year awards, years of service awards). Use of public funds for reasonable costs of employee awards shall be a local discretionary expenditure;

Meals or refreshments served to guests at any athletic event(s) or other games or contests; and

Expenses for alcoholic beverages.

(e) Documentation required to support activities, meals, and refreshments at school district events shall include:

A description of the activity;
The purpose/justification of the activity, expressed in terms of the school district's goal(s) or objective(s);
The make-up of the group participating in the activity; and
The names and titles of district board of education members or employees included in the group.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-5.9 Out-of-State and high-cost travel events

(a) Reimbursement for all in-State and out-of-State travel shall be made pursuant to N.J.S.A. 18A:11-12.

(b) Out-of-State travel events shall be limited to the fewest number of district board of education members or affected employees needed to acquire and present the content offered to all district board of education members or staff, as applicable, at the conclusion of the event. Lodging may be provided only if the event occurs on two or more consecutive days and if home-to-event commute exceeds 50 miles.

(c) When a travel event has a total cost that exceeds $ 5,000, regardless of the number of attendees, or when more than five individuals from the school district are to attend a travel event out-of-State, the school district or CVSD shall obtain prior written approval of the executive county superintendent. The executive county superintendent shall promptly review the request and render a written decision within 10 business days.

(d) For all employee and district board of education member travel events out of the country, regardless of cost or number of attendees, the school district or CVSD shall obtain prior written approval of the executive county superintendent. Such requests shall be supported by detailed justification. The executive county superintendent shall promptly review the request and render a written decision within 10 business days. It is expected that approvals will be rare.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 6 CONDITIONS FOR THE RECEIPT OF STATE AID

N.J. Admin. Code § 6A:23A-6.1 Conditions precedent to disbursement of State aid

(a) The Commissioner shall not disburse any State aid to a school district or CVSD that fails to comply with the standards set forth at N.J.S.A. 18A:55-3 and the requirements concerning nepotism, contributions to district board of education members and contract awards, and internal controls set forth in this subchapter.

(b) Pursuant to N.J.S.A. 18A:55-3, as a condition of State aid, a school district shall:

Examine, no less than once every three years, all available group options for every insurance policy held by the school district, including self-insurance plan administered by the New Jersey School Boards Association (NJSBA) Insurance Group on behalf of school districts, and shall participate in the most cost effective plan. This shall include review of annual claims data and other experience rating information, as applicable;
Take steps to maximize the school 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;
Participate in the Alliance for Competitive Energy Services (ACES) Program offered through the NJSBA, unless the school 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 of the program based on an analysis of the prior two years;
Take appropriate steps to maximize the school district's participation in the SEMI program, pursuant to N.J.A.C. 6A:23A-5.3; and
Refinance all outstanding debt in accordance with N.J.S.A. 18A:24-61.1 et seq. for which a three percent net present value savings threshold is achievable. This provision shall also be monitored by the executive county superintendent or State monitor, if applicable, pursuant to N.J.A.C. 6A:23A-9.11.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.2 Nepotism policy

(a) As a condition of receiving State aid, the district board of education or CVSD board of education shall implement a nepotism policy, which shall include the following:

A definition of "relative" that is consistent with N.J.S.A. 52:13D-21.2 and N.J.A.C. 6A:23A-1.2 and a definition of "immediate family member" that is consistent with N.J.S.A. 52:13D-13 and N.J.A.C. 6A:23A-1.2;
A provision prohibiting any relative of a district board of education member or chief school administrator from being employed in an office or position in the school district except:

i. A person employed by the school district on the effective date of the policy or the date a relative becomes a district board of education member or chief school administrator shall not be prohibited from continuing to be employed or to be promoted in the school district. However, the provision shall not pertain to extending an employment contract to allow for an increase in annual pay directly related to an extension of the work year; and

ii. A school district may employ a relative of a district board of education member or chief school administrator provided the school district has obtained approval from the executive county superintendent. Such approval shall be granted only upon demonstration by the school district that it conducted a thorough search for candidates and the proposed candidate is the only qualified and available person for the position.

A provision prohibiting the chief school administrator from recommending to the district board of education, pursuant to N.J.S.A. 18A:27-4.1, the relative of the chief administrator or a district board of education member, unless the relative is subject to an exception at (a)2 above;
A provision prohibiting a school district administrator from exercising direct or indirect authority, supervision, or control over the administrator's relative. If it is not feasible to eliminate such a direct or indirect supervisory relationship, appropriate screens and/or alternative supervision and reporting mechanisms shall be put in place;
A provision prohibiting a school district administrator or district board of education member whose relative is a member of the bargaining unit from discussing or voting on the proposed collective bargaining agreement with that unit or from participating in any way in negotiations, including, but not limited to, being a member of the negotiating team; nor should that school district administrator be present with the district board of education in closed session when negotiation strategies are being discussed; however, the administrator may serve as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the school district can provide such information; and
A provision prohibiting a school district administrator or district board of education member who has an immediate family member who is a member of the same Statewide union in another school district from participating in any way in negotiations, including, but not limited to, being a member of the negotiating team or being present with the district board of education in closed sessions when negotiation strategies are being discussed, prior to the district board of education attaining a tentative memorandum of agreement with the bargaining unit that includes a salary guide and total compensation package; once the tentative memorandum of agreement is established, a school district administrator with an immediate family member who is a member of the same Statewide union in another school district may fully participate in the process, absent other conflicts. Notwithstanding the above, a school district administrator who has an immediate family member who is a member of the same Statewide union in another school district may serve as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the school district can provide such information.

(b) A district board of education or CVSD board of education may exclude per diem substitutes and student employees from its nepotism policy.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.3 Contributions to district board of education members and contract awards

(a) As a condition of receiving State aid, each school district and CVSD shall have policies that comply with this section's provisions to ensure the school district shall maintain honest and ethical relations with vendors and shall guard against favoritism, improvidence, extravagance, and corruption in its contracting processes and practices. The terms "business entity" and "interest" as used below are defined at N.J.S.A. 19:44A-20.7.

No district board of education shall vote upon or award any contract in the amount of $ 17,500 or greater to any business entity that has made a contribution reportable by the recipient pursuant to N.J.S.A. 19:44A-1 et seq., to a member of the district board of education during the preceding one-year period.
Contributions reportable by the recipient pursuant to N.J.S.A. 19:44A-1 et seq., to any member of the district board of education from any business entity doing business with the school district shall be prohibited during the term of a contract.
When a business entity referred to at (a)2 above is a natural person, a contribution by that person's immediate family member shall be deemed to be a contribution by the business entity. Where a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
The disclosure requirement set forth at N.J.S.A. 19:44A-20.26 also shall apply when the contract is required by law to be publicly advertised for bids.
This subsection shall not apply to a contract when a school district emergency requires the immediate delivery of goods or services.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.4 Internal controls

(a) As a condition of receiving State aid, each school district and CVSD shall establish specific policies and procedures on internal controls designed to provide management with reasonable assurance that the school district's goals and objectives will be met and meet the requirements at N.J.A.C. 6A:23A-6.5 through 6.13. Internal controls shall promote operational efficiency and effectiveness, provide reliable financial information, safeguard assets and records, encourage adherence to prescribed policies, and comply with law and regulation.

(b) The subchapter's specific internal controls shall be established together with other internal controls contained in N.J.A.C. 6A and other law and regulations, required by professional standards, and as deemed necessary and appropriate by school district management. Any school district may submit to the Commissioner a written request to approve an alternative system, approach, or process for implementing the internal controls required in this subchapter. The application shall include documented evidence, including, but not limited to, an independent, third-party written assessment that the alternative system, approach, or process will achieve the same safeguards, efficiency, and other purposes as the specified internal control requirement(s).

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.5 Segregation of duties; organization structure

(a) All school districts and CVSDs shall evaluate business processes annually and allocate available resources appropriately in an effort to establish a strong control environment.

(b) The SBA shall identify processes that are a violation of sound segregation of duties when performed by the same individuals. The SBA shall segregate the duties of all such processes among business office staff based on available school district resources, assessed vulnerability, and the associated cost-benefit, except as required at (b)1 and 2 below.

The functions of human resources and payroll shall be segregated and completed by different employees in all school districts.

The functions of purchasing and accounts payable shall be segregated and completed by different employees in all school districts.

(c) School districts shall include in the ACFR detailed organizational charts for the central office that tie to the school districts' position control logs, including, but not limited to, the business, human resources, and information management functions.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.6 Standard operating procedures for business functions

(a) Each school district and CVSD shall establish SOPs for each task or function of the business operations of the school district.

(b) An SOP manual shall include sections on each routine task or function in the following areas:

Accounting, including general ledger, accounts payable, accounts receivable, payroll and fixed assets, and year-end procedures for each;
Cash management;
Budget development and administration, including tasks such as authorization of transfers and overtime;
Position control;
Purchasing, including tasks such as preparation of requisitions, approval of purchase orders and encumbering of funds, bid and quote requirements, and verification of receipt of goods and services;

Facilities, including administration of work, and health and safety;

Security;
Emergency preparedness;
Risk management;
Transportation;
Food service;
Technology systems; and
Information management.

(c) Each school district and CVSD shall establish an SOP that ensures office supplies are ordered in appropriate quantities, maintained in appropriate storage facilities, and monitored to keep track of inventory.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.7 Financial and human resource management systems; access controls

(a) School districts and CVSDs with budgets in excess of $ 25,000,000 or with more than 300 employees shall maintain an enterprise resource planning (ERP) system that integrates all data and processes of an organization into a unified system. An ERP system uses multiple components of computer software and hardware and a unified database to store data for the various system modules to achieve the integration.

(b) Whenever considering financial systems or the automation of other services or functions, the school district shall notify the executive county superintendent in writing to see if opportunities for a shared service system exist.

(c) Access controls shall be established for key elements of financial systems to ensure a single person does not have the ability to make system edits that would violate segregation of duties controls.

The process for creating, modifying, and deleting user accounts shall include the use of user access request forms.
All requests for financial applications shall be approved and specified by the SBA.
All requests for network access shall be granted by the head of the technology department, if one exists.
A review of user access shall be conducted yearly at a minimum by the relevant department managers and an audit trail should be maintained to verify the performance of this review.
Access to the network and key applications within a school district shall be restricted to authorized users through the use of unique user names and passwords.
Proper protocols shall be implemented that appropriately address password expiration and complexity.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.8 Personnel tracking and accounting

(a) Each school district and CVSD shall maintain an accurate, complete, and up-to-date automated position control roster to track the actual number and category of employees and the detailed information for each. The position control roster shall:

Share a common database and be integrated with the school district's payroll system;
Agree to the account codes in the budget software; and
Ensure the data within the position control roster system includes, at a minimum, the following information:

i. The employee's name;

ii. The employee's date of hire;

iii. A permanent position tracking number for the employee, including:

(1) The expenditure account codes for the general fund consistent with the State prescribed budget, special revenue fund, and enterprise funds;

(2) The building(s) to which the position is assigned;

(3) The certificate(s) and endorsement(s) held, as applicable;

(4) The assignment position title as follows:

(A) Superintendent or chief school administrator;

(B) Assistant superintendent;

(D) Board secretary (when other than (a)3iii(4)(A), (B), or (C) above);

(E) Principal;

(F) Vice principal;

(G) Director;

(H) Supervisor;

(I) Facilitator;

(J) Instructional coach by subject area;

(K) Department chairperson by subject area;

(L) Certificated administrator- other;

(M) Guidance;

(N) Media specialist/librarian;

(O) School nurse;

(P) Social worker;

(Q) Psychologist;

(R) Therapist--occupational (OT);

(S) Therapist--physical (PT);

(T) Therapist- speech;

(U) Certificated support staff- other;

(V) Teacher by subject area;

(W) Instructional assistants;

(X) Certificated instructional- other;

(Y) Aides supported by IEP;

(Z) Other aides;

(AA) Maintenance worker;

(BB) Custodian;

(CC) Bus driver;

(DD) Vehicle mechanic;

(EE) Food service; and

(FF) Other non-certificated;

iv. A control number for substitute teachers;

v. A control number for overtime;

vi. A control number for extra pay;

vii. The status of the position (filled, vacant, abolished, etc.);

viii. An indication, when available, of whether the employee is retiring in the budget year or not being renewed, including associated costs such as contractual buyouts, severance pay, paid vacation or sick days, etc.;

ix. Each of the following: base salary, step, longevity, guide, stipends by type, overtime, and other extra compensation;

x. The benefits paid by the school district, net of employee reimbursements or co-pays, by type of benefit and for FICA and Medicare;

xi. The position's full-time equivalent value by location;

xii. The date the position was filled; and

xiii. The date the position was originally created by the district board of education. If the date the position was originally created is not available, this item shall represent the date the person currently filling that position was approved by the district board of education.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.9 Facilities maintenance and repair scheduling and accounting

(a) Any school district or CVSD with three or more school district buildings shall have an automated work order system for prioritizing, performing, and recording all maintenance and repair requests for all school district buildings and grounds.

The superintendent or designee shall establish SOPs for the approval and prioritization of work order requests that take into account the health and safety of building occupants; priorities and objectives established annually to carry out the school district strategic plan; the need for the work requested; and other factors the school district deems appropriate.
The work order system shall include the following information for a request for work before work begins, except in an emergency where the work is necessary to correct a situation that poses an imminent threat to the health or safety of students and/or staff:

i. The name of the person making the request;

ii. The date of the request;

iii. The appropriate approval(s) as established by SOP;

iv. The date of approval(s);

v. The location of work requested;

vi. The priority level (for example, urgent, high, average, low);

vii. The scheduled date(s) of service;

viii. The trade(s) needed, such as general maintenance worker; custodian; carpenter; plumber; electrician; heating, ventilation, and air conditioning (HVAC); grounds; roofer; masonry; glazer; other;

ix. A description of the work requested;

x. A projection of the materials and supplies needed for the work;

xi. The estimated labor hours needed to complete task;

xii. The name of the work order assigner; and

xiii. The name of the employee(s) working on the order.

The work order system shall include the following close-out information for each request for work:

i. The actual hours worked, by date, for each assigned staff member;

ii. The actual hourly rate paid, both regular and overtime, for each assigned staff member;

iii. The aggregate cost of labor by regular, overtime, and total;

iv. The actual materials and supplies needed to complete the work order;

v. Actual cost of materials and supplies; and

vi. The name of the employee responsible for attesting that the job was completed satisfactorily.

Except when prohibited by collective bargaining agreement, the SOP shall require, for any work that cannot be completed during regular working hours by the needed completion date, an assessment of the cost-benefit of outsourcing any such work in excess of the quote threshold as determined pursuant to N.J.S.A. 18A:18A-37.
If, according to the assessment, the cost of outsourcing work is less than the in-house estimated cost of labor, at overtime rates, and materials for the same work, the work shall be outsourced provided the work can be contracted in accordance with N.J.S.A. 18A:18A-1 et seq., can be completed by the projected completion date contained in the prioritized work order system, and does not violate the terms of the collective bargaining agreement for maintenance workers and/or custodians.
The SBA, in consultation with the supervisor responsible for this work, shall conduct an analysis of the information in the work order system no later than February 1 of the prebudget year for consideration during budget preparation. The analysis should include productivity of staff as a whole and individually, significant variations between estimated labor time and materials and actual labor time and materials, unusual trends for like projects, and other factors that will improve productivity and efficiency.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.10 Approval of amounts paid in excess of approved purchase orders; district board of education policy

(a) Each district and CVSD board of education shall adopt a policy establishing the approval process for any remittance of payment for invoice amounts greater than the approved purchase order. The policy shall require the SBA to identify and investigate, if necessary, the reason for any increase to a purchase order. If the SBA finds an increase is warranted, the SBA shall either approve a revision to the original purchase order with the reason noted, approve the issuance of a supplemental purchase order for the difference, or cancel the original purchase order and issue a new purchase order. If the SBA finds an increase is not warranted, the purchase order shall be canceled and the goods returned. In no instance shall an adjustment be made to a purchase order that changes the purpose or vendor of the original purchase order or a bid award price.

(b) Financial systems shall be programmed to:

Limit system access so only appropriate business office staff can make purchase order adjustments;
Reject adjustments in excess of any established approval thresholds;
Prevent unauthorized changes to be processed;
Reject payments when the sum of the invoice amount plus any previous invoices charged to the purchase order exceeds the sum of the original purchase order amount plus any authorized adjustments;
Reject duplicate purchase order numbers;
Reject duplicate invoice numbers; and
Prepare an edit/change report listing all payments made in excess of the originally approved purchase order amount.

(c) The SBA on a monthly basis shall review edit/change reports listing all payments made in excess of the originally approved purchase order amount to ensure all payments made are properly authorized.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.11 Vehicle tracking, maintenance, and accounting

(a) Each district and CVSD board of education shall adopt a policy for the management, control, and regulatory supervision of school district vehicles, including, but not limited to, the following:

A vehicle inventory control record, including:

i. The vehicle make, model, and year;

ii. The vehicle identification number (VIN);

iii. The original purchase price;

iv. The date purchased;

v. The license plate number;

vi. The person assigned or the pool, if not individually assigned;

vii. The driver license number of the person assigned and the expiration date;

viii. The insurer and policy number of the person assigned; and

ix. The usage category such as regular business, maintenance, security, or pupil transportation;

A driving record of the operators of school district vehicles, including:

i. The name of the driver;

ii. The driver license number and expiration date;

iii. The insurer and policy number of person assigned;

iv. Motor vehicle code violations;

v. Incidents of improper or non-business usage;

vi. Accidents; and

vii. Other relevant information; and

A record of maintenance, repair, and body work for each school district vehicle, including:

i. The vehicle make, model, and year;

ii. The vehicle identification number (VIN);

iii. The original purchase price;

iv. The date purchased;

v. The license plate number;

vi. The usage category, such as regular business, maintenance, security, or pupil transportation;

vii. The manufacturer's routine maintenance schedule;

viii. The category of work performed (routine maintenance, repair, or body work);

ix. The purchase order number;

x. The date the work was performed;

xi. A detailed description of the work performed;

xii. The mileage on the date work was performed; and

xiii. The cost of the work performed.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.12 District board of education vehicle assignment and use policy

(a) Each district and CVSD board of education shall adopt a policy(ies) regarding school district vehicle assignment to ensure compliance with this section, in accordance with OMB Circular "The State Vehicular Assignment and Use Policy" or any superseding circulars.

(b) The district board of education, upon the recommendation of the superintendent may authorize, by an affirmative vote of its full membership, the lease, lease-purchase, or purchase and assignment of school district vehicles for the conduct of official school district business. The vehicles may be assigned either to individuals or to units within the organization for pool use according to the following classifications:

Vehicles may be assigned permanently and individually to the superintendent, SBA, head of facilities services, head of security services, or other supervisory employees who, based on their job duties, may be called upon on a 24-hour, seven-day-a-week basis. No individual assignment shall be made for the primary purpose of commuting.
A unit may be permanently assigned one or more school district pool vehicles only if the unit's employees will collectively use the vehicle or each vehicle for more than an average of 750 miles per month on official school district business. Pool vehicles shall not be used for the purpose of commuting and shall remain at a school district facility when not in official use.

(c) District board of education members or employees may be temporarily assigned a school district vehicle for travel events.

(d) Each district and CVSD board of education shall ensure an employee, such as the SBA, insurance or risk management staff member, head of facilities services, or other appropriate employee is assigned the functions of a school district vehicle coordinator.

(e) Vehicle use logs shall be maintained for all individual and pool assignments to accurately record all usage of each vehicle, including the driver, mileage, and starting and destination points.

(f) All complaints of a potential misuse shall be investigated and appropriate disciplinary action taken.

(g) All changes to vehicle assignment, whether pool or individual, shall require prior written approval of the superintendent and the authorization of an affirmative majority vote of the full district board of education.

(h) No luxury vehicle, which is defined for purposes of this section as one that exceeds the greater of $ 60,000 or any current dollar limit established in Internal Revenue Service (IRS) law or regulation, shall be purchased, lease-purchased, or leased by the school district. If a vehicle is assigned to the superintendent, it may be a full-size or intermediate, four-door sedan of the non-luxury class. All other vehicles shall be compact sedans unless special passenger, cargo, equipment, or use requirements make the standard vehicle unsuitable for documented school district needs.

(i) The school district vehicle shall be used primarily for business purposes; however, incidental and reasonable personal use shall be permitted.

(j) All damage to school district vehicles, regardless of cause, shall be reported within 24 hours to the vehicle coordinator and the employee assigned to file insurance claims.

(k) No physical alterations shall be made to a vehicle without prior district board of education approval.

(l) Drivers of school district vehicles shall possess a valid driver's license to operate a vehicle in New Jersey.

(m) When a vehicle is due for routine maintenance in accordance with the manufacturer's schedule, the driver of an individually assigned vehicle, or the vehicle coordinator in the case of a pool vehicle, shall be responsible for ensuring the vehicle receives the scheduled service.

(n) A driver assigned a school district vehicle shall be responsible for the security of the vehicle and its contents.

(o) Drivers shall be personally responsible for all fines accrued as a result of traffic violations related to operation of school district vehicles.

(p) The driver, or the driver's supervisor if the driver is incapacitated, of a school district vehicle involved in an accident resulting in damage to the school district vehicle or other vehicle shall file, within 24 hours of the accident, a detailed written report with the vehicle coordinator and the school district employee responsible for filing insurance claims.

(q) Police shall be immediately notified of an accident by the driver, or vehicle coordinator if the driver is incapacitated. A copy of the police report shall be submitted to the vehicle coordinator and the school district employee responsible for filing insurance claims as soon as possible.

(r) If a school district vehicle is misused in any of the following ways, the driver's privileges for driving school district vehicles shall be suspended or revoked, and additional disciplinary action shall be taken, as appropriate.

Frequent violation of traffic laws;

Flagrant violation of the traffic laws;
Operation of a vehicle that the police or insurance company determined was the cause of an accident;
Use of a vehicle for unauthorized use, whether personal use, business use, or commuting;
Violation of these rules or school district policy governing the assignment, use, operation, repair, and/or maintenance of vehicles. This includes the failure to submit a vehicle for routine maintenance as called for in the manufacturer's routine maintenance schedule;
Operation of a vehicle while impaired to any degree, or under the influence of alcohol or narcotics as defined by State statutes;
Use of a school district vehicle by an unauthorized individual while assigned to an employee;
Use of a school district vehicle to transport any person or child, other than in the course of the driver's assigned duties and responsibilities; or
Use of radar detectors in school district vehicles.

(s) The district board of education shall establish a policy for progressive, uniform, and mandatory disciplinary actions to be applied as necessary.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-6.13 District board of education travel policy

As a condition of receiving State aid, each district and CVSD board of education shall establish specific travel policies and procedures that comply with N.J.S.A. 18A:11-12 and N.J.A.C. 6A:23A-7.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 7 SCHOOL DISTRICT TRAVEL POLICIES AND PROCEDURES

N.J. Admin. Code § 6A:23A-7.1 School district travel expenditures

(a) Each school district and charter school shall ensure the effective and efficient use of funds by adopting and implementing policies and procedures that are in accordance with N.J.S.A. 18A:11-12 and New Jersey Department of the Treasury, Office of Management and Budget (OMB) Circulars 20-04-OMB and 11-09-OMB and any superseding circulars pertaining to travel, meals, events, and entertainment, and the additional requirements set forth in this subchapter. If any superseding circulars of the OMB conflict with the provisions of this chapter, the provisions of the superseding circulars shall govern.

(b) The provisions of this subchapter shall apply to charter schools. For purposes of this subchapter, the following shall apply:

References to "school districts" shall also mean charter schools;
References to "district board of education" shall also mean a charter school board of trustees;
References to " superintendent" shall also mean charter school lead person; and
References to "employee" shall also mean employee of a charter school.

(c) Any sections of State travel regulations as established by the OMB, presented as OMB Travel, Entertainment, Meals, and Refreshments Circulars, that conflict with New Jersey school law (N.J.S.A. 18A:1-1 et seq.) shall not be included in the district board of education policy nor authorized pursuant to this section. This includes, but is not limited to, the authority to issue travel cards and credit cards as allowed pursuant to the OMB Circulars, but which is not authorized for school districts pursuant to New Jersey school law.

(d) School district travel expenditures shall include, but shall not be limited to, all costs for transportation, meals, lodging, and registration or conference fees directly related to participation in the event and shall apply to costs incurred only for employees, prospective employees, and members of the district board of education.

(e) School district travel expenditures subject to this subchapter shall include costs for all required training and all travel authorized in school district employee contracts and district board of education policies. This includes, but is not limited to, required professional development, other employee training and required training for district board of education members, and attendance at specific conferences authorized in existing employee contracts, provided the travel meets the requirements of this subchapter. All such expenditures are subject to the rules in this subchapter, including, but not limited to, inclusion in the annual travel limit, prior district board of education approval, separate tracking as set forth at N.J.S.A. 18A:11-12.q, and per diem reimbursements.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.2 District board of education policy for travel expenditures

(a) A district board of education shall implement a policy, including procedures, pertaining to travel expenditures for its employees and district board of education members that is in accordance with N.J.S.A. 18A:11-12, this subchapter, and other rules and procedures the district board of education deems appropriate.

(b) The district board of education policy pertaining to school district travel expenditures shall incorporate either expressly, in whole or in part, and/or by reference, the laws and regulations at N.J.S.A. 18A:11-12 and this subchapter.

(c) Through its policy and procedures, a district board of education shall ensure that all travel by its employees and district board of education members is educationally necessary and fiscally prudent. A district board of education's travel policy and procedures shall include the requirement that all school district travel expenditures are:

Directly related to and within the scope of the employee's or district board of education member's current responsibilities and, for school district employees, the school district's professional development plan, the school professional development plan, and employee's individual professional development plan;
For travel that is critical to the instructional needs of the school district or furthers the efficient operation of the school district; and
In compliance with State travel payment guidelines as established by the New Jersey Department of the Treasury, Office of Management and Budget, and with guidelines established by the Federal Office of Management and Budget; except any State or Federal regulations and 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 credit cards. The district 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 district board of education shall state in its policy that travel reimbursements will be paid only upon compliance with all provisions at N.J.A.C. 6A:23A-7 and in the district board of education's procedures and approval requirements. The policy shall state the district board of education shall not ratify or approve payments or reimbursements for travel after completion of the travel event, except as provided at N.J.A.C. 6A:23A-7.4(d).

(e) A district board of education shall require district board of education members to recuse themselves, on an individual basis, from voting on travel if they, a member of their immediate family, or a business organization in which they have an interest has a direct or indirect financial involvement that may reasonably be expected to impair the district board of education member's objectivity or independence of judgment.

(f) A district board of education's travel policies shall prohibit district board of education members, on an individual basis, from acting in their official capacity in any matter in which they or a member of their immediate family have a personal involvement that is, or creates, a benefit to individual district board of education members or their immediate family; or undertaking any employment or service, whether compensated or not, that may reasonably be expected to prejudice the individual board member's independence of judgment in the execution of the member's official duties.

(g) A school district employee, a district board of education member, or organization shall not receive any payment for travel and travel-related expenses in advance of the travel, pursuant to N.J.S.A. 18A:19-1 et seq. For travel-related purchases for which a purchase order is not applicable, the payment of travel and travel-related expenses shall be made personally by a school district employee or district board of education member and reimbursed at the conclusion of the travel event. This section shall not preclude the school district from paying the vendor directly with the proper use of a purchase order (for example, registration fees, airline tickets, or hotel accommodations).

(h) The district board of education shall specify in its travel policy, the purchase or payment of related transportation expenses, including, but not limited to, airline or rail tickets and vehicle lease/rentals, shall be in compliance with the Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq., and shall be made by purchase order or personally by a school district employee or district board of education member and reimbursed at the travel event's conclusion. The school district employee or district board of education member shall submit an actual invoice or receipt for each purchase or expense with a claim for reimbursement.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.3 Maximum travel budget of a school district, school district employee, or district board of education member

(a) Annually in the prebudget year, each district board of education shall establish by resolution a maximum travel expenditure amount for the budget year, which the school district shall not exceed. The resolution shall also include the maximum amount established for the prebudget year and the amount spent to date.

The maximum school district travel expenditure amount shall include all travel supported by local and State funds.
A district board of education may exclude travel expenditures supported by Federal funds from the maximum travel expenditure amount. If Federal funds are excluded from the established maximum amount, the district board of education shall include in the resolution the total amount of travel supported by Federal funds from the prior year, prebudget year, and projected for the budget year.
Exclusion of Federal funds from the annual maximum travel budget shall not exempt such travel from the requirements applicable to State and local funds.

(b) A district board of education may authorize in its travel policy an annual maximum amount per employee for regular school district business travel only for which district board of education approval is not required.

The annual maximum shall not exceed $ 1,500 and shall be subject to approval pursuant to N.J.S.A. 18A:19-1.
The district board of education travel policy shall address regular school district business travel as that term is defined at N.J.A.C. 6A:23A-1.2 under "travel expenditures."
Regular school district business travel as authorized in the district board of education's travel policy shall require approval of the superintendent prior to obligating the school district to pay related expenses and prior to attendance at the travel event.

i. The superintendent shall designate an alternate approval authority to approve travel requests in the superintendent's absence when necessary to obtain timely district board of education approval.

ii. The superintendent shall establish, in writing, the internal levels of approval required prior to the superintendent's approval of the travel event, as applicable.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.4 Travel approval procedures

(a) All travel requests for school district employees shall be approved, in writing, by the superintendent or the superintendent's designee and by a majority of the district board of education's full voting membership prior to obligating the school district to pay related expenses and prior to attendance at the travel event, except if the district board of education has excluded regular school district business travel from prior approval pursuant to N.J.A.C. 6A:23A-7.3(b).

The superintendent shall designate a designee as an alternate approval authority to approve travel requests in the superintendent's absence when necessary to obtain timely district board of education approval.
The superintendent or the superintendent's designee shall establish, in writing, the internal levels of approval required prior to approving the travel event, as applicable.

(b) All travel requests for district board of education members shall require prior approval by a majority of the district board of education's full voting membership, except if the district board of education has excluded regular school district business travel from prior approval pursuant to N.J.A.C. 6A:23A-7.3(b). The travel shall be in compliance with N.J.S.A. 18A:12-24 and 24.1.

(c) A district board of education may approve, at any time prior to the event, travel for multiple months as long as the approval detailed in district board of education minutes itemizes the approval by event, total cost, and number of employees and/or district board of education members attending the event. General or blanket pre-approval shall not be authorized.

(d) A district board of education policy may exclude from the requirements of prior district board of education approval any travel caused by, or subject to, existing contractual provisions, including grants and donations, and other statutory requirements, or Federal regulatory requirements. For the exclusion of prior district board of education approval to apply, the required travel event shall be detailed, with number of employee(s), district board of education member(s), and total cost associated with the applicable contract, grant, donation, statute, or Federal regulation.

This shall not include general grant guidelines or regulations that are permissive but do not require the travel event, unless the specific travel event, number of employee(s), district board of education member(s), and total cost is detailed in the approved grant, donation, or other fund acceptance agreement.
This shall not include general contractual provisions in employment contracts for continuing education or professional development, except if the district board of education has included in its policy a maximum amount per employee for regular school district business travel that does not require prior district board of education approval pursuant to N.J.A.C. 6A:23A-7.3.

(e) If occasional unforeseen situations arise wherein a travel request cannot obtain prior approval of the district board of education, justification shall be included in the text of the travel request.

Such requests shall require prior written approval of the superintendent, or designee, and the executive county superintendent, or designee.
The district board of education shall ratify the request at its next regularly scheduled meeting.
Travel to conferences, conventions, and symposiums shall not be considered emergencies and shall not be approved after the fact.

(f) Subsequent to pre-approval by a majority of the full voting membership of the district board of education, reimbursement of prospective employee travel expense shall be pre-approved by the executive county superintendent.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.5 Required documentation for travel

(a) The district board of education policy shall specify the type of documentation required to justify the number of employees attending an event and the benefits to be derived from their attendance;

(b) Neither the superintendent, or designee, nor the district board of education shall approve a travel request unless it includes the following information:

The name and date(s) of the event;
A list of district board of education members and/or employees to attend, either by name or title;
The estimated cost associated with travel;
A justification and brief statement that includes the primary purpose for the travel, the key issues that will be addressed at the event, and their relevance to improving instruction or the operation of the school district. For training events, the statement must include whether the training is for a certificate required for continued employment, continuing education requirements, requirements of Federal or State law, or other purpose related to the programs and services currently being delivered or soon to be implemented in the school district; or related to school district operations;
The account number and funding source--Federal, State, private, or local; and
For annual events, the total attendance and cost for the previous year.

(c) The school district shall maintain on file documentation that demonstrates compliance with the district board of education's travel policy, including travel approvals, reports, and receipts for all school district funded expenditures, as appropriate.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.6 SBA responsibilities regarding accounting for travel

(a) The SBA, or designee, shall prepare itemized travel budgets by function and object of expense for each cost center, department, or location maintained in the school district's accounting system, as applicable, as part of the preparation of and documentation for the annual school district budget. The aggregate amount of all travel budgets supported by local, State, and Federal funds shall not exceed the district board of education approved maximum travel expenditure amount for the budget year as required pursuant to N.J.A.C. 6A:23A-7.3.

(b) The SBA, or designee, shall maintain separate accounting for school district travel expenditures, as necessary, to ensure compliance with the school district's maximum travel expenditure amount. The separate accounting tracking system 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 district board of education's policy and this subchapter, and shall be in a detailed format suitable for audit.

(c) The SBA, or designee, shall review and approve the cost and supporting documentation required by this subchapter and submitted by the person(s) having incurred travel expense.

The SBA, or designee, shall not approve or issue payment of travel expenditures or reimbursement requests until all required documentation and information to support the payment has been submitted, and shall not approve any travel expenditure that is supported by local, State, or Federal funds, would exceed the district board of education approved maximum travel expenditure amount for the budget year when added to already approved travel expenditures.
If the district board of education travel policy establishes an annual maximum amount per employee for regular school district business travel pursuant to N.J.A.C. 6A:23A-7.3(b), and that amount has been fully expended, the SBA, or designee, shall not approve or issue payment of any expenditure for regular business travel for that employee without pre-approval of the travel event by the district board of education.

(d) The SBA shall be responsible for the adequacy of documentation of transactions processed by the SBA's staff and the retention of the documentation to permit audits of the records.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.7 Sanctions for violations of travel requirements

(a) Any district board of education that violates its established maximum travel expenditure, as set forth at N.J.A.C. 6A:23A-7.3, or that otherwise is not in compliance with this subchapter's travel limitations, may be subject to sanctions by the Commissioner pursuant to N.J.S.A. 18A:4-23 and 24, including reduction of State aid in an amount equal to any excess expenditure pursuant to N.J.S.A. 18A:11-12 and 18A:7F-60.

(b) A person who approves any travel request or reimbursement in violation of the district board of education policy or this subchapter shall reimburse the school district in an amount equal to three times the cost associated with attending the event, pursuant to N.J.S.A. 18A:11-12.

The travel policy shall designate the chief school administrator, SBA, or both as the person(s) who is the final approval authority for travel and, therefore, subject to this penalty.

(c) An employee or district board of education member who travels in violation of the school district's travel policy or this subchapter shall be required to reimburse the school district in an amount equal to three times the cost associated with attending the event, pursuant to N.J.S.A. 18A:11-12.

(d) The district board of education policy shall include procedures to monitor compliance and application of the penalty upon determination a violation has occurred after district board of education payment of the event. If a violation is determined prior to payment or reimbursement of the travel event, the policy may exclude application of any additional penalties.

(e) The annual audit conducted pursuant to N.J.S.A. 18A:23-1 shall include test procedures to ensure compliance with the district board of education's policy and travel limitations set forth in this section and at N.J.S.A. 18A:11-12.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.8 Prohibited travel reimbursements

(a) A district board of education's travel policy shall state the following types of expenditures are not eligible for reimbursement:

Subsistence reimbursement for one-day trips, except for meals expressly authorized by and in accordance with N.J.A.C. 6A:23A-7.12;
Subsistence reimbursement for overnight travel within the State, except where authorized by the Commissioner in accordance with N.J.A.C. 6A:23A-7.11;
Travel by district board of education members or employees whose duties are unrelated to the purpose of the travel event or who are not required to attend to meet continuing educations requirements or to comply with law or regulation;
Travel by spouses, civil union partners, domestic partners, immediate family members, and other relatives;
Costs for employee attendance for coordinating other attendees' accommodations at the travel event;
Lunch or refreshments for training sessions and retreats held within the school district, including in-service days and for employee participants traveling from other locations within the school district;
Training to maintain a certification that is not required as a condition of employment (example: CPE credits to maintain a CPA license if the employee is not required to be a CPA for continued school district employment);
Charges for laundry, valet service, and entertainment;
Limousine services and chauffeuring costs to, or during, the event;
Car rentals, either utilized for airport transportation or transportation at a conference, convention, etc., unless absolutely necessary for the conduct of school district business. Justification shall accompany any request for car rentals. If approved, the most economical car rental is to be used, including the use of subcompacts and discounted and special rates. An example of the justified use of a car rental is when an employee is out of State, making inspections at various locations, and the use of public transportation is impracticable. When car rental is authorized, the employee shall not be issued an advance payment for the anticipated expense associated with the rental;

Alcoholic beverages;

Entertainment costs, including amusement, diversion, social activities, and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities);

Gratuities or tips in excess of those permitted by Federal per diem rates;
Reverse telephone charges or third-party calls;
Hospitality rooms;
Souvenirs, memorabilia, promotional items, or gifts;

Air fare without documentation of quotes from at least three airlines and/or online services; and

Other travel expenditures that are unnecessary and/or excessive.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.9 Travel methods

(a) For the purposes of this section, "transportation" means necessary official travel on railroads, airlines, shuttles, buses, taxicabs, school district-owned or leased vehicles, and personal vehicles.

(b) The following travel methods requirements shall apply:

Air and rail tickets shall be purchased on the Internet, if possible, using airline or online travel services and compliance with the Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq., shall be documented.
Air travel shall be authorized only when determined that it is necessary and advantageous to conduct school district business.

i. The most economical air travel should be used, including the use of discounted and special rates.

ii. The following options should be considered when booking tickets:

(1) Connecting versus nonstop flights;

(2) Departing earlier or later compared to the preferred departure time;

(3) Utilizing alternative airports within a city, for example, Chicago, Illinois--Midway Airport versus O'Hare Airport;

(4) Utilizing alternative cities, for example, Newark versus Philadelphia;

(5) Utilizing "low cost" airlines; and

(6) Exploring alternate arrival and/or departure days.

iii. Employees and district board of education members shall be prohibited from receiving "frequent flyer" or other benefits accruing from school district funded travel.

iv. Airfare other than economy (that is, business or first class) shall not be fully reimbursed by the school district except when travel in such classes:

(1) Is less expensive than economy;

(2) Avoids circuitous routings or excessive flight duration; or

(3) Would result in overall transportation cost savings.

v. All airfare other than economy and not covered by the exceptions at (b)2iv above purchased by an employee or district board of education member shall be reimbursed only at the economy rate for the approved destination.

vi. Cost estimates on travel requests and associated authorizations shall be consistent with current airline tariffs, with consideration of available special fares or discounts, for the requested destination.

vii. Airline tickets shall not be booked until all necessary approvals have been obtained.

viii. Additional expenses over and above the authorized travel request shall be considered only for factors outside the purchaser's control. The burden of proof shall be placed upon the purchaser and any additional expenses incurred without sufficient justification and documentation, as determined by the school business administrator, shall not be reimbursed.

ix. Justification shall accompany requests for airline ticket reimbursement when purchased by employees or district board of education members contrary to (b)2i through viii above.

Rail travel shall be authorized only when determined that it is necessary and advantageous to conduct school district business.

i. The most economical scheduling of rail travel shall be utilized, including excursion and government discounts, whenever applicable.

ii. The use of high-speed rail services, such as Acela, shall not be authorized.

iii. All rail travel shall be processed in the same manner and shall be subject to the same rules as prescribed for air travel at (b)2 above.

Use of a school district-owned or -leased vehicle shall be the first means of ground transportation. Use of a personally owned vehicle on a mileage basis shall not be permitted for official business where a school district-owned or -leased vehicle is available.

i. Mileage allowance in lieu of actual expenses of transportation shall be allowed at the rate authorized by the annual State Appropriations Act, or a lesser rate at the district board of education's discretion for employees or district board of education members traveling by their personally owned vehicles on official business.

(1) If any condition in an existing negotiated contract such as the mileage reimbursement rates is in conflict with this subchapter, the provisions of the existing contract shall prevail.

ii. Parking and toll charges shall be allowed in addition to mileage allowance.

iii. Reimbursement for travel to points outside the State by automobile shall be permitted when such arrangements prove to be more efficient and economical than other means of public transportation.

iv. In determining the relative costs of private and public transportation, all associated costs (that is, tolls, taxicabs, airport or station transfers, etc.) shall be considered.

v. All employees and district board of education members using privately owned cars in the performance of their duties for the school district shall present a New Jersey Insurance Identification Card indicating that insurance coverage is in full force and effect with companies approved by the State Department of Banking and Insurance. The card shall be made available to the superintendent or designee before authorization to use privately owned cars.

vi. Employees who are out-of-State residents shall provide appropriate insurance identification in lieu of the New Jersey Insurance Identification Card.

School district-owned or -leased vehicles shall be utilized in accordance with N.J.A.C. 6A:23A-6.12.
Necessary taxicab charges shall be permitted. However, travel to and from airports, downtown areas, and between hotel and event site shall be confined to regularly scheduled shuttle service, whenever such service is complimentary or is less costly. If shuttle service is not available, taxicabs may be used.
Cruises shall not be permitted for travel events or transportation.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.10 Routing of travel

(a) All travel shall follow the most direct, economical, and usually traveled route. Travel by other routes as a result of official necessity shall be eligible for payment or reimbursement only if satisfactorily established in advance of such travel.

(b) If a person travels by indirect route for personal convenience, the extra expense shall be borne by the individual.

(c) Reimbursement for expenses shall be based only on charges that do not exceed what would have been incurred by using the most direct, economical, and usually traveled route.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.11 Subsistence allowance-overnight travel

(a) One-day trips that do not involve overnight lodging shall not be eligible for subsistence reimbursement, except for meals expressly authorized at N.J.A.C. 6A:23A-7.12.

(b) Generally, overnight travel shall not be eligible for subsistence reimbursement if travel is within the State. Overnight travel is permitted if it is authorized pursuant to (c) below, or is a component required by the entity issuing a grant, donation, or other funding agreement with the school district. The specific required overnight in-State travel event shall be detailed in the final grant, donation, or other fund acceptance agreement along with the number of authorized travelers and total cost. All reimbursements shall be subject to this subchapter unless the funding acceptance agreement specifies otherwise.

(c) The Commissioner shall be authorized to grant waivers for overnight travel for district board of education members and school district employees to attend in-State conferences. Such waivers will be granted in only extremely limited circumstances when the sponsoring organization can demonstrate the conference is broad and multi-disciplinary in scope, incorporates content offerings from numerous specialty areas, and includes important professional development opportunities and/or required training. In addition, the sponsoring organization shall demonstrate the conference's content, structure, scheduling, and anticipated attendance necessitate that it be held on multiple consecutive days with overnight lodging. When such waivers are granted, individual school districts or individuals shall not be required to submit waiver requests for attendance at these conferences.

Sponsors of in-State conferences may submit to the Commissioner a request for a waiver of this prohibition by providing information regarding the conference as follows:

i. The name and dates of the event;

ii. Justification for the length of the conference and the necessity to hold events for each day beyond the first day of the conference;

iii. Identification of all other conferences sponsored or co-sponsored by the organization (whether single or multi-day) in the previous year;

iv. A description of the target audience by position title and/or educational certificate and endorsement;

v. Justification of the importance of the target audience attending the event;

vi. The cost of registration;

vii. A detailed list and description of any activities to be charged to the participants by the sponsor separate from the registration fee, such as luncheons, workshops, entertainment, etc., including:

(1) The cost of the activity;

(2) Whether participation is mandatory or voluntary; and

(3) The purpose such as social, guest speaker, working session, etc.;

viii. A copy of agenda or program for the event;

ix. A brief statement that includes the primary purpose of the event, the key issues that will be addressed at the event, and their relevance to improving instruction or the operation of a school or school district;

x. For training events, whether the training is needed for a certificate required for continued employment, continuing education requirements, or requirements of Federal or State law; and

xi. For annual events, total attendance, and registration cost for the previous year.

(d) If a waiver of the prohibition on overnight travel is granted pursuant to this section, it shall permit reimbursement for travel expenses only for individuals whose home-to-convention commute exceeds 50 miles.

(e) Overnight travel within the State shall not be eligible for subsistence reimbursement if travel is on the day prior to the start of the conference. Reimbursement shall be prohibited for lodging prior to check-in time for the first day of the event or after check-out time on the last day of the event.

(f) The United States General Services Administration publishes a schedule of Federal per diem rates in the Federal Register for approved overnight travel by the event location. The latest Federal per diem rates schedule for lodging, meals, and incidental expenses by location can be found at https://www.asa.aov/travel/plan-book/per-diem-rates. The following restrictions apply to allowable per diem reimbursements:

Allowable per diem reimbursement for lodging, meals, and incidentals shall be actual reasonable costs, not to exceed the Federal per diem rates for the event location. Registration and conference fees are not subject to the Federal per diem rate caps. If the event location is not listed, the maximum per diem allowance shall be equal to the standard continental United States (CONUS) per diem rates published by the General Services Administration for meals, incidental expenses, and lodging.
Pursuant to N.J.S.A. 18A:11-12.o, reimbursement for lodging expenses for overnight travel, out-of-State or in-State as authorized by the Commissioner, 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 Federal per diem rates.

i. If the hotel at the site of the current travel event is not available, lodging may be paid for similar accommodations at a rate not to exceed the hotel rate at the site of the current event.

ii. If there is no hotel at the site of the current travel event (for example, Atlantic City Convention Center), then reimbursement for lodging shall not exceed the Federal per diem rate.

If the meal is not part of a one-sum fee for a travel event, reimbursement may be approved for the full cost of an official convention meal that the employee or district board of education member attends, when such meal is scheduled as an integral part of the convention or conference proceedings. Receipts shall be submitted to obtain reimbursement in such situations. The amount of the Federal per diem rate for the corresponding meal shall be deducted from that day's subsistence allowance.
The allowance for a meal(s) or incidentals shall not be eligible for reimbursement when included and paid in the registration fee, the cost of lodging, or transportation charge.
Receipts shall be required for all hotel and incidental expenses. Meal expenses under the Federal per diem allowance limits shall not require receipts pursuant to N.J.S.A. 18A:11-12.o(3).
If the total per diem reimbursement is greater than the Federal per diem rates, the costs shall be considered excessive in the absence of substantial justification accompanying the travel voucher submitted by the employee or district board of education member. In such cases, receipts shall be submitted for all costs, including meals.
Employees and district board of education members shall patronize hotels and motels that offer special rates to government employees unless alternative lodging offers greater cost benefits or is more advantageous to the conduct of school district business.
Actual subsistence expenses shall not be reimbursable if paid by the traveler to a member of the traveler's family, to another school district employee, or to a family member of another school district employee.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.12 Meal allowance-special conditions-and allowable incidental travel expenditures

(a) Meals for in-State travel shall not be eligible for reimbursement except as expressly authorized within this subchapter.

(b) A meal allowance may be provided to employees or district board of education members in relation to one-day, out-of-State trips required for school business purposes that do not require an overnight stay. The reimbursement for breakfast, lunch, and/or dinner shall not exceed the amounts authorized in State travel regulations as published by the New Jersey Department of the Treasury, Office of Management and Budget, and presented in the OMB Travel Circulars.

(c) Lunch for off-site training sessions may be authorized for an amount up to $ 7.00 per person only when it is necessary that employees or district board of education members remain at a site other than their school district and there are no viable options for lunch at the off-site location.

Pursuant to N.J.S.A. 18A: 11-12.a(1)(d), employee and district board of education member retreats shall be held onsite unless there is no school district site available.
If lunch is included in a lump-sum registration fee for an off-site training session, the full amount is eligible for reimbursement, if reasonable. Providing lunch for on-site staff meetings and in-service days or for employees who come from other parts of the school district shall not be permitted. (See (d) below.)
Refreshments for breaks may also be provided at training sessions held at a site other than the school district.

(d) Subsistence expenses for an employee or district board of education member shall not be allowed within the school district or within a radius of 10 miles thereof, except for meals expressly authorized by and in accordance with this section. Non-allowed expenses include, but are not limited to, meals and refreshments for on-site staff meetings and in-service days.

(e) Reimbursement may be approved for the cost of an official luncheon or dinner, up to $ 10.00 and $ 15.00, respectively, that an employee or district board of education member is authorized to attend, if the meal is scheduled as an integral part of an official proceeding or program related to school district business and the employee's or district board of education member's responsibilities.

"School district business" at (e) above refers to the management operations of the school district and does not refer to activities that benefit students and are part of the instructional program. Pursuant to N.J.A.C. 6A:23A-5.8(b)4, all reasonable expenditures related to school district employees that are essential to the conduct of a student activity are permitted.

(f) Regular meetings, special meetings, and work sessions of the district board of education shall be limited to light meals and refreshments for all district board of education members.

The meals may be served to employees who are required to attend the event and if it is impractical for the employees to commute to and from their residence between the end of the work day and the beginning of the event, or if the employees are required to remain at the school district to prepare for the event.
The school district shall acquire the light meals and refreshments by the solicitation of quotes, if required pursuant to N.J.S.A. 18A:18A-1 et seq.
If the school district's food service program can prepare comparable meals at a lower cost, the food service program shall be used.
The average cost per meal shall not exceed $ 10.00.
The school district shall purchase or prepare food that is sufficient to provide each district board of education member, dignitary, non-employee speaker, or allowable staff member one meal. Meals should be carefully ordered to avoid excess. Unintended left over food should be donated to a charitable shelter or similar facility, if at all possible.

(g) Allowable incidental travel expenses, in addition to the Federal per diem definition of incidental expenses at N.J.A.C. 6A:23A-7.11(f), may be reimbursed and shall be limited to the following essential transactions for official business.

Charges for telephone calls on official business may be allowed. The voucher shall show the dates on which such calls were made, the points between which each call was made, and the cost per call.
Employees and district board of education members using their personally owned telephone for business may request reimbursement, less Federal Communications Tax. Calls for business are tax exempt and the telephone company will make allowances for the tax if the employee or district board of education member certifies to the telephone company when paying bills for personally owned phones that said calls were business calls.
Incidental expenses, defined as "non-meal tips" by the State travel regulations, when necessarily incurred by the traveler in connection with the transaction of official business, may be submitted for reimbursement only when the necessity and nature of the expense are clearly and fully explained on the travel voucher and the voucher is approved. Travel vouchers shall be supported by receipts showing the quantity and unit price.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-7.13 Records and supporting documents

(a) All persons authorized to travel on business shall keep a memorandum of expenditures chargeable to the school district, noting each item at the time and date the expense is incurred.

(b) The travel voucher shall be completed by the employee or district board of education member to document the details of the travel event. The travel voucher shall be signed by the employee or district board of education member to certify the validity of the charges for which reimbursement is sought. The form also shall bear the signatures of approval officials for processing.

(c) Sufficient documentation shall be maintained centrally by the school district to support payment and approval of the travel voucher.

(d) In addition to the documentation required for reimbursement, each person authorized to travel shall submit a brief report that includes the primary purpose for the travel, the key issues addressed at the event, and their relevance to improving instruction or the operations of the school district. This report shall be submitted prior to receiving reimbursement.

(e) Documentation for requests for travel reimbursement shall show:

The date(s) and individual points of travel, number of miles traveled between such points, and kind of conveyance used;
If the distance traveled between individual points is greater than the usual route between the points, the reason for the greater distance shall be stated;
The hours of the normal work day and actual hours worked shall be shown when requesting meal reimbursement for non-overnight travel;
Original receipts shall be required for all reimbursable expenses, except for meals that qualify for per diem allowances and for parking meters;
Actual vendor receipts for personal credit card charges shall be attached to reimbursement requests. Credit card statements shall not be accepted as documentation of expenses;
Personal charges on a hotel bill shall be deducted and shown on the bill;

When lodging is shared jointly, the fact shall be stated on the travel voucher;

Where travel is not by the most economical, usually traveled route, the employee or district board of education member reimbursement request shall set forth the details of the route, the expenses actually incurred, the hour of departure, the hour of arrival, and an explanation for the use of costlier travel arrangements;
When travel is authorized in the employee's or district board of education member's own automobile on a mileage basis, the points between which travel was made, and the distance traveled between each place shall be shown. A statement as to ownership of the auto or other conveyance used, as well as a certification that liability insurance is in effect, shall be documented;
Reimbursement requests shall be supported by other receipts as required;

The voucher shall be itemized; and

Reimbursement requests shall be rendered monthly when in excess of $ 25.00. Travel for a single travel event shall be reported as soon as possible after the trip.

(f) All outstanding travel vouchers for the school year ending June 30 shall be submitted as soon as possible after June 30 regardless of amount, notwithstanding (e)12 above.

(g) Travel mileage reimbursement requests of the just-completed school year that are not submitted by July 30 or the date approved by the school district for the closing of books, whichever is earlier, for the just-completed school year shall not be approved or paid.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 8 ANNUAL BUDGET DEVELOPMENT AND SUBMISSION

N.J. Admin. Code § 6A:23A-8.1 Budget submission; supporting documentation; website publication

(a) Annually, on or before the due date established at N.J.S.A. 18A:7F-5.c, each district board of education shall adopt and submit to the executive county superintendent for approval, together with Commissioner-prescribed supporting documentation, a budget that provides for a thorough and efficient (T&E) education. The Commissioner may adjust the date for the submission of budgets to conform with the State aid notification date pursuant to N.J.S.A. 18A:7F-5.c or if the Commissioner determines the availability of preliminary aid numbers for the subsequent school year warrants adjustment.

(b) A district board of education shall complete a budget application prepared and distributed by the Commissioner, which shall be referred to as the School District Budget Statement and Supporting Documentation. The district board of education shall include in the budget application a complete reporting of revenues and appropriations and other requirements pursuant to N.J.S.A. 18A:22-8 and N.J.S.A. 18A:7F-5 through 63.

(c) The budget, as adopted for the school year pursuant to N.J.S.A. 18A:7F-5, shall be provided for public inspection on the school district's website, if one exists, and made available in print in a "user-friendly," plain language budget summary format within 48 hours after the public hearing on the budget.

The budget shall be maintained on the school district's website, if one exists, with a visible link off the main page, for the entire budget year and revised, as applicable, when changed as follows:

i. Prior to adoption of a separate proposal(s);

ii. Upon voter approval of a separate proposal(s); and

iii. For any subsequent determination on an application for restoration to the Commissioner pursuant to N.J.S.A. 18A:22-14.

Pursuant to N.J.S.A. 18A:22-8.e, the Commissioner shall develop and provide through the Department's Internet site "user-friendly," plain language budget summary forms for the use of school districts. Each school district shall submit the required budget summary form to the Department following the approval of the base budget question by the board of school estimate, as applicable, or, pursuant to N.J.S.A. 18A:22-32, following approval by the district board of education for school districts with April or November elections. When any separate question(s) are approved by voters or the board of school estimate, as applicable, all approved amounts shall be consolidated and reflected in the "user-friendly," plain language budget summary form.
The plain language budget summary shall include an abbreviated version of the formal budget adopted by the district board of education and statistical information the Commissioner determines to be useful for the public's understanding of the school district's fiscal matters and condition, including, but not limited to, the following information for both the school district's budget year and the prebudget year:

i. All line items of appropriation aggregated by item type;

ii. The school tax rate;

iii. The equalized school tax rate;

iv. Revenues by major category;

v. The amount of available surplus;

vi. A description of unusual revenues or appropriations, with a description of the circumstances of the revenues or appropriations; and

vii. A list of shared service agreements in which the school district is participating.

The Department shall make the plain language budget summary available to the public through its website in an easily accessible location and in a manner that can be downloaded by the public for comparative purposes using commonly used software.

(d) Pursuant to N.J.S.A. 18A:7F-5.3, the Commissioner shall require each school district, CVSD, and CSSSD to submit, as part of the annual budget submission, supporting documentation regarding employment contracts of the superintendent, any assistant superintendent(s), and the SBA regardless of the employee's salary level. The Commissioner also shall require each school district, CVSD, and CSSSD to submit, as part of its annual budget submission, supporting documentation regarding the employment contract of any employee with an annual salary that exceeds $ 75,000 who is not a member of a collective bargaining unit. The supporting documentation submitted pursuant to this subsection shall include the following employment contract information:

A detailed statement of the employment contract terms for the school employees, including, but not limited to, the duration of the contract, number of annual work days, number of annual vacation days, number of annual sick days, number of annual personal days, number of annual consulting days, and any other contracted non-working days. The statement shall also include an itemization of all forms of compensation provided for under the contract.

The annualized cost of all benefits provided to the school employees, including, but not limited to, all allowances, bonuses and stipends, and all contributions made by the school district toward the costs of health, dental, life, and other types of insurance, medical, and reimbursement plans, any reimbursement of the employee share of Federal and/or State taxes or benefits, and retirement and tax sheltered annuity plans that exceed the contributions for the costs of the items made on behalf of a teaching staff member under a collective bargaining agreement with the district board of education.

i. Allowances include, but are not limited to, the provision of a computer/Internet and cell phone, tuition reimbursement, and payment of professional membership fees.

ii. Bonuses include, but are not limited to, additional compensation for longevity and meeting specific performance goals.

A detailed statement of any benefit(s) provided for in the employment contract with the school employees that are to be conferred after or upon the separation from the school district. This includes buyback of vacation days, sick days (if retiring), and any other post-employment benefits. If no post-employment benefits are provided in the contract, such fact shall be disclosed in the detailed statement.
A detailed statement of any form of in-kind or other form of remuneration provided to the school employees that is not otherwise included in the employee's salary or benefits. This includes any annual option to buyback vacation time.

(e) The employment contract information at (d) above shall be provided for public inspection, along with the budget as prescribed at (c) above, in an easily accessible location and in a "user-friendly," plain-language format as prescribed by the Commissioner on the school district's website, if one exists, no less than 48 hours after the public hearing on the budget.

The employment contract information shall be maintained on the school district's website, if one exists, with a visible link off the main page, for the entire budget year.
The Department shall also post the items at (e) above on its website for public inspection after submission by all school districts of the final approved school district budget.

(f) A district board of education shall submit, at the Commissioner's request, supplemental information such as documents, contracts, reports, and financial records and statements required by law or regulation, or other information necessary to conduct a review of the school district's annual spending plan. Additional information may include, but need not be limited to:

Contracted salaries:

i. Copies of the current labor contract for each bargaining unit. For any contract that has not been settled or is due to expire at the end of the prebudget year, the school district shall provide a copy of the last or expiring labor contract, as applicable, and the anticipated range of settlement by unit;

ii. An accurate, complete, and up-to-date position control roster, pursuant to N.J.A.C. 6A:23A-6.8;

iii. A list of stipend amounts by staff member name, position, and purpose;

Health benefits: The school district shall provide the following:

i. A summary list by type of coverage and aggregate annual amount for major medical, prescription, dental, and all other benefit costs, including actual costs for the year prior to the prebudget year, and actual or estimated, as available, for the prebudget year and budget year;

ii. A summary list by type and category (single, parent and child, or family) by amount for the year prior to the prebudget year, prebudget year, and budget year;

iii. Documentation from provider(s) showing estimated rate increases;

iv. The reimbursement required by employee, if any;

v. School districts that have elected not to participate in the School Employees' Health Benefits Program shall provide a detailed analysis documenting the cost savings of using the alternative provider;

Operation and maintenance of plant services:

i. A detailed list of actual or scheduled equipment purchases with a cost of $ 2,000 or more per unit by the actual or estimated cost of each, as available, for the year prior to the prebudget year, prebudget year as of February 1, and the budget year;

ii. The square footage for each building, including administration, schools, temporary classroom units, warehouses, bus garages, and other structures;

iii. The full time equivalent (FTE) number of custodians and/or janitors by building;

iv. A summary of the number of maintenance employees by trade and the cost by regular hours and overtime hours for each of the three years included in the budget: prior year actual, projected prebudget year updated as of February 1, and estimated budget year;

v. An analysis of any lease(s) held by the school district for classroom space, office space, and other spaces. The analysis shall include, but not be limited to, the use of the building, square footage, term of the lease, monthly cost, and the annual cost for each of the three years included in the budget: prior year audited, prebudget year updated as of February 1, and proposed budget; and the school district's long-term plan to obtain school district-owned space for these purposes;

Utilities: Where applicable, an analysis of savings by not using the Alliance for Competitive Energy Services (ACES) or Alliance for Competitive Telecommunications (ACT);

Purchased professional services: A detailed list of all contracts by service type such as auditor, architect, attorney, etc., by actual cost for the year prior to the prebudget year, actual or maximum cost, as available, for the prebudget year, and actual or estimated maximum cost for the budget year;

Purchased technical services: A detailed list of all contracts by service type by actual cost for the year prior to the prebudget year, actual or maximum cost, as available, for the prebudget year, and actual or estimated maximum cost for the budget year. Identification of any technical service(s) purchased without public bidding under the extraordinary unspecified services provision pursuant to N.J.S.A. 18A:18A-5;
Textbook adoptions:

i. A list of any new textbook adoption(s) for the budget year by title, title and date published of series being replaced, and cost;

ii. Summary of textbook adoptions expenditures by actual cost for the year prior to the prebudget year, and actual or estimated cost, as available, for the prebudget year and budget year;

Equipment purchases: Schedules with descriptions of all actual and scheduled purchases of equipment with a cost of $ 2,000 or greater per unit, other than those for operation and maintenance of plant services, by actual cost for the year prior to the prebudget year, and actual or estimated cost, as available, for the prebudget year and budget year;

A detailed list of efforts to improve administrative efficiency and realize other potential or real cost savings;

An accounting and analysis of actual salary breakage in the year prior to the prebudget year for replacement of employees who retired or otherwise left school district employment before or during the year, actual or estimated salary breakage, as available, for the prebudget year for replacement of employees who retired or otherwise left school district employment or are known to be retiring or otherwise leaving school district employment before the end of the prebudget year, and estimated salary breakage for the budget year for replacement of employees known to be retiring or otherwise leaving school district employment at the end of the prebudget year;
A list of budgeted positions and salaries that have been vacant for more than one year;
A list of aides and salaries that are not mandated for preschool and kindergarten or required by IEP for special education; and

A list of appropriations to fund deficits in any of the school district's enterprise fund activities.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-8.2 Public notice and inspection

(a) Each district board of education, upon submission of its budget application to the executive county superintendent or by the statutory submission date, whichever is earlier, shall make available upon request for public inspection all budget and supporting documentation contained in the budget application and all other documents listed at N.J.A.C. 6A:23A-8.1. Nothing in this section shall restrict access by the citizens of this State to documents that otherwise qualify as public records pursuant to N.J.S.A. 47:1A-1 et seq., or pursuant to the common law.

(b) Notwithstanding any provision of law to the contrary, if a district board of education proposes a budget with a general fund tax levy and equalization aid that exceed the school district's adequacy budget, the following statement shall be published, pursuant to N.J.S.A. 18A:7F-5.d(10), in the legal notice of public hearing on the budget pursuant to N.J.S.A. 18A:22-28, posted at the public hearing held on the budget pursuant to N.J.S.A. 18A:22-29, and printed on the sample ballot required pursuant to N.J.S.A. 19:60-10:

"Your school district has proposed programs and services in addition to the New Jersey Student Learning 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."

(c) Additionally, the district board of education shall prepare a narrative statement, based on the efficiency standards, that describes in specific detail the extent that the school district's proposed budget contains spending that exceeds the adequacy budget and the reason(s) why. That statement shall be included with the budget application and other materials for public inspection.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-8.3 Administrative cost limits

(a) Each district board of education shall budget and report administrative costs using the minimum chart of accounts and other reporting directives published and distributed by the Commissioner pursuant to N.J.S.A. 18A:4-14 and N.J.A.C. 6A:23A-16, which includes, but is not limited to, recording the full salary of the SBA, chief school administrator, and principal/vice principal(s) as administrative costs, except as follows:

The salary of the chief school administrator may be prorated between general administration and school administration whenever the chief school administrator also acts as a building principal.
The salary of a chief school administrator, SBA, or principal/vice principal shall not be prorated between other functions, except as otherwise provided at (a)1 above, or to instruction when providing direct classroom instruction as part of the school district's regular curriculum.

(b) Each district board of education, except for CVSDs and non-operating school districts, shall prepare and submit to the executive county superintendent a proposed budget consistent with N.J.S.A. 18A:7F-5, and N.J.S.A. 18A:22-1 et seq. and this chapter, in which the advertised per pupil administrative cost does not exceed the lower of the following:

The school district's adjusted, as of February 1, prebudget year per pupil administrative costs as reported in the proposed budget; or
The per pupil administrative cost limit for the school district's region. The per pupil administrative cost limits are calculated individually for each of the three regions, North, Central and South, using audited expenditure data from the 2003-04 school year inflated annually by the CPI or 2.5 percent, whichever is greater. Each district board of education will receive a statement of its regional administrative cost limit with the annual State aid notices.

(c) Each district board of education, pursuant to N.J.S.A. 18A:7F-5, may request approval of the executive county superintendent, as the Commissioner's designee, to exceed the school district's adjusted, as of February 1, prebudget year per pupil administrative costs up to 2.5 percent or the CPI, whichever is greater, as follows:

The district board of education shall submit the request to the executive county superintendent in writing no less than two weeks prior to budget submission;
The request shall not exceed the per pupil administrative cost limits for the school district's region at (b)2 above; and
The district board of education shall include, with the request, documentation that supports the request for factors including, but not limited to:

i. Enrollment changes;

ii. Administrative changes to fulfill mandated requirements;

iii. Changes to nondiscretionary fixed costs; and

iv. Opening a new school.

(d) Each district board of education subject to (b) above may submit to the executive county superintendent any shared services contractual agreement(s) and documented costs for the provision of administrative services to other school districts or governmental units. The executive county superintendent may consider the contractual agreements and documented costs in the calculation of total administrative spending in the prebudget and budget year for purposes of determining the district board of education's adherence with the per pupil administrative cost limits.

(e) Each district board of education subject to (b) above shall submit to the executive county superintendent a proposed budget in which the advertised per pupil administrative cost is within the per pupil administrative cost limits at (b) above. A district board of education may include as a separate proposal for voter or board of school estimate approval any excess administrative spending above the cost limits only if the proposal is consistent with N.J.A.C. 6A:23A-12.1.

(f) Each district board of education subject to (b) above that submits to the executive county superintendent a proposed budget in which the advertised per pupil administrative cost exceeds the per pupil administrative cost limits at (b) above, and has not received executive county superintendent approval to exceed this requirement as set forth at (c) above, or has not presented documentation to the executive county superintendent as set forth at (d) above, shall not receive budget approval.

The district board of education shall resubmit to the executive county superintendent a budget that has met the administrative cost limits, through either a reduction in administrative costs and/or submission of a separate proposal for voter or board of school estimate approval of the excess administrative costs, no later than five working days prior to the school district's last day to advertise for the public hearing.
A district board of education that does not resubmit a budget in accordance with (f)1 above within this timeframe:

i. Shall lose the authority and decision-making capacity for development of the final administrative budget for advertisement to the voters or board of school estimate and this responsibility shall be shifted to the executive county superintendent as the Commissioner's designee. The executive county superintendent shall conduct all necessary budgetary reallocations and reductions to meet these requirements; and

ii. May be subject to withholding of State aid, pursuant to N.J.S.A. 18A:7F-9.

(g) Each district board of education subject to (b) above that fails to submit to the executive county superintendent an approvable budget in a second consecutive year or any year thereafter shall be subject to:

A more restrictive fiscal and budgetary review and approval process as deemed appropriate by the Commissioner; and
Withholding of State aid, pursuant to N.J.S.A. 18A:7F-9.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-8.4 Capital outlay budget

(a) Pursuant to N.J.A.C. 6A:26-3.7 and 3.12, a district board of education shall obtain approval of the local funding for a non-referendum capital project (school facility project or other capital project) through one of the following methods:

Necessary line items in capital outlay in the budget certified for taxes;
Separate voter-approved question, board of school estimate approved resolution, or capital projects review board approved resolution of the expenditure of local support; or
Withdrawals from capital reserve in accordance with N.J.A.C. 6A:23A-14.1.

(b) A district board of education seeking approval of local funding for a non-referendum capital project through appropriations made to the necessary line items in the budget pursuant to (a)1 above shall provide the necessary detail in the appropriate supporting documentation to the budget submission, pursuant to N.J.S.A. 18A:22-8 and N.J.A.C. 6A:23A-8.1. For school districts that hold annual elections in November, approval of local funding for a non-referendum capital project shall be obtained through executive county superintendent approval of the base budget.

(c) A district board of education shall transfer the local share of school facilities projects budgeted in capital outlay to the capital projects fund, pursuant to N.J.A.C. 6A:26-3.8(a)3.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-8.5 Designation of general fund balances

(a) Each district board of education shall designate, at a minimum, in the original budget certified for taxes an estimate of undesignated-unassigned general fund balance at June 30 of the prebudget year in excess of the limitations at N.J.S.A. 18A:7F-7, less any excess amount(s) approved by the Commissioner for deposit into a capital reserve account, pursuant to N.J.A.C. 6A:23A-14.1, less any Federal impact aid anticipated to be received in the prebudget year, less any restricted school bus advertising revenue, pursuant to N.J.S.A. 18A:39-31, and any general fund balance(s) restricted by law or regulation or designation.

(b) If a school district's audited undesignated general fund balance at June 30 of any school year exceeds the amounts permitted at (a) above, the district board of education shall reserve and designate the excess amount in the subsequent year's budget.

(c) A district board of education that fails to comply with (b) above shall be subject to a deduction in the State aid payable to the district board of education in the subsequent budget year in an amount equal to the audited excess undesignated general fund balance less any Federal impact aid received in the prebudget year.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-8.6 Appropriation of unrestricted debt service fund balance; exception

(a) A district board of education shall appropriate annually all unrestricted debt service fund balances in the budget certified for taxes unless expressly authorized and documented by the voters in a bond referendum, after transfer of unexpended bond proceeds pursuant to N.J.A.C. 6A:26-4.6(c), upon formal Commissioner approval after review of documented authorization by the voters in a public meeting.

(b) A district board of education shall include in the bond referendum or documented authorization pursuant to (a) above, the specific purpose for maintaining the unrestricted debt service fund balance and duration that the unrestricted debt service fund balance will be maintained.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-8.7 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 9 EXECUTIVE COUNTY SUPERINTENDENT BUDGET REVIEW PROCEDURES

N.J. Admin. Code § 6A:23A-9.1 Executive county superintendent budget review

(a) A district board of education shall submit the budget application and all required supporting documentation as prescribed in this section to the executive county superintendent for review and approval.

(b) Pursuant to N.J.S.A. 18A:7-8.l, the executive county superintendent shall review and approve each district board of education's proposed budget prior to its advertisement, except when the Commissioner has granted the district board authority to advertise prior to budget approval. The executive county superintendent shall approve budgets only when:

The base budget portion of the budget application and supporting documentation submitted by the district board of education includes measures to ensure curriculum and instruction are designed and delivered in a way that all students will have the opportunity to achieve the knowledge and skills defined by the New Jersey Student Learning Standards and that all proposed expenditures are suitable and appropriate for that purpose;
The base budget contains funds sufficient to meet all existing statutory and regulatory mandates; and
The base budget is within the applicable regional limit, pursuant to N.J.S.A. 18A:7F-5.

(c) In reaching a determination, the executive county superintendent's review shall include, but not be limited to, the following information and records:

The efficiency standards;
Any progress report or other annual report required by the Commissioner regarding compliance with the quality performance indicators pursuant to N.J.S.A. 18A:7A-3 et seq. and N.J.A.C. 6A:30;
Pupil achievement or progress in meeting existing State assessment standards;
Annual independent audits and other external reviews by a State or Federal agency or reviews required by statute and regulation;
The Taxpayers' Guide to Education Spending;
The school performance report;

Contractual obligations;

The comprehensive maintenance plan pursuant to N.J.A.C. 6A:26-20; and
The section of long-range facilities plan (LRFP), submitted pursuant to N.J.S.A. 18A:7G-4, that includes the capital projects proposed in the budget.

(d) The executive county superintendent shall order any change(s) in proposed expenditures that is found unsuitable, inappropriate, or unreasonable, including administrative spending, pursuant to N.J.S.A. 18A:7F-5.

(e) The executive county superintendent shall not approve a base budget unless it includes the required annual maintenance amount, pursuant to N.J.A.C. 6A:26-20.4.

(f) The executive county superintendent shall annually review expenditures of each district board of education, pursuant to N.J.S.A. 18A:7F-5, and shall not predicate budget determinations on past practices. The executive county superintendent shall direct in the proposed budget, as appropriate, an increase, decrease, or elimination of expenditures contained in the prior year's approved budget.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-9.2 Executive county superintendent budget review and approval; administrative and non-instructional expenses

(a) Prior to advertisement by the district board of education, the executive county superintendent shall:

Review all budgets of the school districts within the county, pursuant to N.J.S.A. 18A:7F-5, and may disapprove, pursuant to N.J.S.A. 18A:7-8.l and 8.x, a portion of a school district's proposed budget if the school district has not implemented all potential efficiencies in its administrative operations or if the budget includes excessive non-instructional expenses. In making this determination, the executive county superintendent will consider, but need not be limited to, a school district's failure to meet efficiency standards or failure to implement efficient business practices established, pursuant to N.J.A.C. 6A:23A-9.3. The school district shall deduct the disapproved amounts from the budget prior to publication, and shall not transfer funds back into any general ledger appropriation account that has been reduced pursuant to the review.

i. Budget reallocations may be calculated using the presumptive efficient spending levels defined at N.J.A.C. 6A:23A-1.2; and

Review and approve separate proposals to be submitted to the voters for additional funds, pursuant to N.J.S.A. 18A:7F-5 or 39, as applicable, provided the school district:

i. Provides written documentation it has made efforts to enter into shared arrangements with other school 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;

ii. Certifies and provides written documentation it participates in on-going shared arrangements; or

iii. Certifies and provides written documentation that entering such shared arrangements would not result in cost savings or would result in additional expenses for the school district.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-9.3 Efficiency standards for review of administrative and non-instructional expenditures and efficient business practices

(a) For purposes of executive county superintendent budget reviews, pursuant to N.J.A.C. 6A:23A-9.1 through 9.5, the standards and requirements set forth in this section shall apply.

(b) In determining whether a school district has implemented all potential administrative efficiencies and/or eliminated all excessive non-instructional costs, the executive county superintendent shall consider the efficiency standards and Taxpayers' Guide to Education Spending indicators at (c) below as guidelines and applied based on school district-specific circumstances, including, but not limited to, the school district's spending relative to its adequacy budget and the school district's results on NJQSAC and other measures of efficiency and effectiveness. The executive county superintendent shall also consider the impact on the stability of school district operations given the need for long-term planning and budgeting to meet the standards and indicators, school district-specific cost factors beyond the school district's control, and any phase-in period needed to implement any efficiency(ies) the executive county superintendent deems feasible based on the standards and indicators at (c) below.

Resources and costs that are equal to or less than the efficiency standards;
Indicators from the Taxpayers' Guide to Education Spending for school districts' operating type and enrollment range indexed to the budget year by the applicable growth in the CPI as follows:

i. Administrative cost per pupil equal to or less than the State median;

ii. Support services cost per pupil equal to or less than the State median;

iii. Operation and maintenance of plant cost per pupil equal to or less than the State median;

iv. A ratio of students to administrative personnel equal to or more than the State average;

v. A ratio of faculty to administrative personnel equal to or more than the State average; and

vi. A ratio of students to educational support personnel equal to or more than the State average;

Custodians and janitors on a ratio of one for every 17,500 square feet of building space calculated on a districtwide basis;
A transportation efficiency rating equal to or more than 120 percent;
Overtime pay for any given function of 10 percent or less of regular wages for that function;
School district participation in the SHBP or SEHBP that permits employees with other health care coverage to waive health care coverage and may pay consideration pursuant to N.J.S.A. 52:14-17.31a;
School districts with two or more buildings or buildings configured by two or more grade spans (for example, kindergarten through five, six through eight, or nine through 12) that established a tiered system of pupil transportation or demonstrate that doing so would not result in savings or would be more costly. Any school district that does not have a tiered system of student transportation and cannot demonstrate that such a system would not result in savings or would be more costly shall submit to the executive county superintendent a plan to establish a tiered system of pupil transportation;
Vacant positions budgeted at no more than step one of the salary guide unless justification for the additional amount has been approved by the Department;

Aides not mandated by law or required by an IEP, only when supported by independent research-based evidence that demonstrates the use of aides is an effective and efficient way of addressing the needs of the particular student population served;

The food service fund is self-sufficient and does not require a contribution from the general fund budget;
The school district solicits competitive proposals with fee quotes or uses a comparable process to ensure the school district receives the highest quality services at a fair and competitive price prior to the award of contracts for professional services;
Textbook purchases meet one of the following conditions:

i. The purchase is in accordance with a textbook replacement plan;

ii. Textbooks have been identified as stolen or destroyed;

iii. A change in curriculum or new edition requires a new textbook; or

iv. The current supply of a textbook edition(s) is not adequate due to enrollment increases;

Library books, magazine subscriptions, video tapes, and DVDs are for educational purposes; and
Public relations services are incorporated into the duties of the superintendent, SBA, and/or other staff position(s) and are not provided by a dedicated public relations staff position or contracted service provider. Public relations functions as defined at (c)14i and ii below should not comprise more than 50 percent of the duties of any one staff position.

i. For the purpose of this paragraph, public relations services include activities directly relating to promotional efforts that advance a particular position and/or communicate information to the news media and school district community at large through means such as press releases, press conferences, newsletters, flyers, mass community mailings and emails, television and radio broadcasting, and school-related community events.

ii. Public relations activities do not include activities such as crisis communications, website maintenance, data collection and dissemination, school operations, and development of the school district calendar or handbook.

(d) The school district shall either document it has taken steps to improve administrative efficiency and reduce non-instructional costs through shared service arrangements or demonstrate that doing so would not result in savings or would be more costly.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-9.4 Commissioner's authority to direct expenditures to achieve T and E

(a) If a district board of education submits a budget with a general fund tax levy and equalization aid set at less than its adequacy budget, the Commissioner may direct, when deemed necessary to ensure implementation of the NJSLS and the efficiency standards, additional expenditures, in specific accounts and for specific purposes, up to the school district's adequacy budget.

(b) If a district board of education submits a budget with a general fund tax levy and equalization aid set at less than its adequacy budget and the school district fails to meet the NJSLS in that school year, the Commissioner shall direct the district board of education to increase expenditures to meet at least the adequacy budget within the next two budget years in a manner that addresses the cause(s) of the failure.

(c) In all cases, including instances in which a school district submits a budget with a general fund tax levy and equalization aid above its adequacy budget, the Commissioner may direct budgetary reallocations and programmatic adjustments, or take other measures, as deemed necessary, to ensure implementation of the required NJSLS and efficiency standards.

(d) The Commissioner may approve a budget with an increase in its adjusted tax levy by more than the allowable amount authorized pursuant to N.J.S.A. 18A:7F-38, up to the amount required to support the directed increases in expenditure accounts at (a) and (b) above.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-9.5 Commissioner to ensure achievement of the New Jersey Student Learning Standards; corrective actions

(a) A district board of education shall be subject to action by the Commissioner, as part of the budget approval process, upon the failure of one or more schools within the school district to achieve the New Jersey Student Learning Standards as evidenced by existing Statewide assessment methods or other statutory or regulatory methods of evaluation.

(b) If the Commissioner deems progressive actions would not be sufficient due to the magnitude of the failure and/or other factors, the Commissioner shall take, pursuant to N.J.S.A. 18A:7F-6.b, immediate corrective actions as deemed appropriate, including, but not limited to:

Restructuring of curriculum or programs consistent with the efficiency standards and the NJSLS;
Retraining or reassignment of staff and the development and implementation of a formal plan for professional development at the amount provided for in the efficiency standards;
Conducting a comprehensive budget evaluation;
Redirecting expenditures consistent with the NJSLS and the efficiency standards;
Enforcing spending at the full adequacy budget consistent with the NJSLS and the efficiency standards;
Reviewing terms of future collective bargaining agreements prior to final approval by the district board of education and an assessment of the impact of the terms on the school district's budget, education program, and the local property tax levy; and
Requiring a district board of education to implement enhanced budget procedures, as deemed appropriate, as follows:

i. Consider revenue payable pursuant to the School Funding Reform Act of 2008, N.J.S.A. 18A:7F-43 through 71, and all other State, local, and Federal revenue as revenue of the general fund, unless expressly restricted by Federal law or written contract, for the purpose of implementing the Commissioner's directives;

ii. Record appropriations and expenditures by school for classroom instruction, school-level technology, student support services, curriculum development, educational media services and school library, professional development, security, and school level administration. A district board of education may require other types of expenditures, such as maintenance and custodial and transportation, to be recorded by school;

iii. Obtain written Commissioner approval on Commissioner-prescribed forms for school-level appropriation transfers necessary during the year to effectuate the Commissioner's directives; and

iv. Obtain written Commissioner approval prior to appropriating for new purposes school-level appropriation balances occurring during the year from salary breakage, unanticipated circumstances, overestimated costs, or other events.

(1) Upon approval, a district board of education may transfer, in accordance with N.J.S.A. 18A:22-8.1, the appropriation balances between schools or for districtwide purposes, except where prohibited by any Federal law that restricts such transfers.

(2) A district board of education shall cause any school-level appropriation balances remaining at the end of the year to lapse and be commingled with the general fund balance of the school district, except where prohibited by any Federal law that restricts commingling or otherwise required by law or regulation.

(d) A district board of education may appeal any action(s) taken by the Commissioner pursuant to N.J.S.A. 18A:7F-6.b to the Appellate Division of the Superior Court, pursuant to N.J.S.A. 18A:6-9.1.

(e) Nothing in this section shall be construed to limit general or specific powers elsewhere conferred upon the Commissioner pursuant to law.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-9.6 Appeal of executive county superintendent budget reductions

(a) Any formal budgetary action of the executive county superintendent 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 receipt of an appeal, the budgetary action of the executive county superintendent shall be deemed approved.

(b) The procedure for appealing a budget reduction(s) made by the executive county superintendent for administrative inefficiency or excess non-instructional costs shall be as follows:

A district board of education for which the general fund tax levy proposed in the base budget has been reduced, or a separate proposal(s) has been reduced or rejected, shall submit, within five business days of the written notice of said action, to the Commissioner the following information:

i. The complete line-item budget as originally submitted to the executive county superintendent and all supporting documentation and narrative explanations, including any copies of additional spending proposals;

ii. An electronic schedule in Microsoft Excel with a list of the line items reduced by the executive county superintendent showing in separate columns:

(1) Budget line number;

(2) Account description;

(3) Account number;

(4) Actual audited expenditure of prior year budget;

(5) Expenditure as of February 1 of the prebudget year (current year);

(6) Originally proposed expenditure for the budget year;

(7) Amount of executive county superintendent reduction; and

(8) Proposed expenditure after executive county superintendent reduction;

iii. A copy of the executive county superintendent's written explanation for each line-item reduction;

iv. The school district's written itemized argument(s) for the restoration of all or part of each line-item reduction accompanied by available supporting documentation;

v. The numbers of professional administrative and professional non-instructional staff by line-item account during the current school year and projected staff for the ensuing school year, together with the reason(s) for any increase or decrease;

vi. The numbers of nonprofessional administrative and nonprofessional non-instructional staff by line-item account during the current school year and projected staff for the ensuing school year, together with the reason(s) for any increase or decrease;

vii. Pupil enrollment by grade for the school district as of the preceding June 30, the last school day prior to the preceding October 16, and as projected for October of the ensuing school year;

viii. Salaries or salary schedules for all administrative and non-instructional staff by job title; and

ix. The number of schools and classrooms in each school.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-9.7 Procedures following voter defeat of proposed budget; municipal governing body or board of school estimate action

(a) Procedures following voter defeat of the proposed budget with a general fund tax levy above the school district's required local share, calculated pursuant to N.J.S.A. 18A:7F-5.b, are as follows:

A district board of education in which the general fund tax levy proposed in the base budget has been rejected by voters at the April school election shall submit, within two days of the certification of election results, to the executive county superintendent and the governing body(ies) comprising the school district, the following information:

i. A complete line-item budget listing each item by code and line description, including actual expenditures for the previous school year, actual budgeted amount for the current school year, proposed budgeted amount for the ensuing school year as proposed to voters, the advertised budget for the ensuing school year, and all supporting documentation and narrative explanations, including copies of approved spending proposals, indicating which were approved;

ii. A copy of the annual progress report, if any, submitted to the Commissioner, pursuant to N.J.S.A. 18A:7A-11 and N.J.A.C. 6A:30;

iii. A copy of the school district's most recent annual audit;

iv. An explanation of any action(s) to reallocate, direct additional expenditures, and so forth, taken by the Commissioner, or the executive county superintendent on behalf of the Commissioner, pursuant to N.J.S.A. 18A:7F-5 through 7, N.J.S.A. 18A:7F-39, or N.J.S.A. 18A:7-8, or a statement that no such action(s) was taken;

v. The numbers of professional and nonprofessional staff during the current school year and projected staff for the ensuing school year, together with reasons for any increase or decrease;

vi. Pupil enrollment by grade for the school district as of the preceding June 30, the last school day prior to the preceding October 16, and as projected for October of the ensuing school year;

vii. Salary schedules for all employees;

viii. The number of schools and classrooms in each school;

ix. Tuition received or paid during the previous school year, anticipated for the current school year, and projected for the ensuing school year;

x. Substantiation of need for any proposed capital projects and/or deposits into the capital reserve, including documentation of the projects' inclusion in the long-range facilities plan (LRFP);

xi. Any information required for budget submission to the executive county superintendent and not specifically enumerated in (a)1i through x above;

xii. The applicable portions of the Taxpayers' Guide to Education Spending;

xiii. The applicable portions of the school performance report; and

xiv. Any other documentary materials or records the Commissioner deems appropriate for a specific district board of education.

The governing body(ies) shall transmit to the district board of education a letter acknowledging the receipt of the information at (a)1 above.
The governing body(ies) comprising the school district, or a formally approved committee thereof, shall consult, as soon as immediately practicable, with the district board of education, or a formally approved committee thereof, for purposes of determining the amount of general fund tax levy sufficient to ensure provision of a T&E education or to maintain the stability of a school district's programs.
If either the district board of education or municipal governing body, or both, will have a majority present at the meeting, the meeting shall be publicly announced and advertised according to the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-1 through 21, by the body(ies) with the majority present.
On or before May 19, or the Commissioner-established date if the April school election date is changed pursuant to N.J.S.A. 19:60-1, the governing body(ies) shall certify to the county board of taxation an amount to be appropriated as school district tax levy, pursuant to N.J.S.A. 18A:22-37. Copies of the certification shall be forwarded to the district board of education and executive county superintendent. The governing body(ies) shall not certify an amount less than the minimum tax levy required to meet the required local share established pursuant to N.J.S.A. 18A:7F-5. The governing body does not have the authority to recommend a reduction in the debt service fund tax levy, only the general fund tax levy.

i. The general fund tax levy certification, in the form of a resolution, shall be for the sum of the base budget amount and additional amounts approved by voters through separate questions.

ii. If the amount certified for the base budget is less than the amount proposed to voters by the district board of education, the governing body(ies) shall present, in the form of a resolution, to the district board of education and the executive county superintendent a statement of the specific line item expenditure reductions or increases in budgeted revenues or designated general fund balance recommended by the governing body(ies). The governing body(ies) shall also submit a certification attesting it has reviewed the budget proposed by the district board of education and it deems the revised budget sufficient for provision of T&E.

iii. If the sum of the equalization aid and general fund tax levy resulting from the review pursuant to (a)5ii above is at or below the school district's adequacy budget, as calculated pursuant to N.J.S.A. 18A:7F-51, the governing body(ies) shall concurrently present to the district board of education and to the executive county superintendent a specific written explanation documenting by clear and convincing evidence for each line item reduced that it either will not adversely affect the ability of the district board of education to meet the NJSLS and the efficiency standards or will not adversely affect the stability of a district board of education's overall operations given the need for long-term planning and budgeting, as required at N.J.S.A. 18A:7F-5.e(2).

(b) Procedures following voter defeat of the proposed budget with a general fund tax levy at the school district's required local share, calculated pursuant to N.J.S.A. 18A:7F-5.b, are as follows:

A district board of education in which the general fund tax levy proposed in the base budget has been rejected by voters at the April school election shall submit, within two days of the certification of election results, to the governing body(ies) comprising the school district the following information:

ii. A copy of the school district's most recent annual audit;

iii. An explanation of any action(s) to reallocate, direct additional expenditures, and so forth, taken by the Commissioner, or the executive county superintendent on behalf of the Commissioner, pursuant to N.J.S.A. 18A:7F-5 through 7, N.J.S.A. 18A:7F-39, or N.J.S.A. 18A:7-8, or a statement that no such action(s) was taken; and

iv. Any other documentary materials or records the Commissioner deems appropriate for a specific district board of education.

The governing body(ies) shall transmit to the district board of education a letter acknowledging the receipt of the information at (a)1 above.
If the board of education or municipal governing body, or both, will have a majority present at the meeting, the meeting shall be publicly announced and advertised according to the Open Public Meetings Act by the body(ies) with the majority present.
On or before May 19, or the Commissioner-established date if the April school election date is changed pursuant to N.J.S.A. 19:60-1, the governing body(ies) shall certify to the county board of taxation an amount not less than the required local share established pursuant to N.J.S.A. 18A:7F-5.b for this purpose, pursuant to N.J.S.A. 18A:22-37. Copies of the certification shall be forwarded to the district board of education and executive county superintendent. The governing body(ies) does not have the authority to certify a reduction in the general fund tax levy or debt service fund tax levy.

i. The general fund tax levy certification, in the form of a resolution, shall be for the base budget amount plus any additional amount(s) approved by voters through separate questions.

ii. The governing body(ies) may include in the resolution a list of recommended line-item reallocations for district board of education consideration.

iii. If the amount certified for the base budget is less than the required local share, the certification shall be considered a failure to certify in accordance with N.J.A.C. 6A:23A-9.8.

When submitting its proposed budget to the board of school estimate, a district board of education shall also submit to the board of school estimate, the governing body(ies), and the executive county superintendent the documents enumerated at (a)1 above.

i. If the amount of money appropriated by the board of school estimate for general fund purposes for the ensuing year, which shall not be less than the required local share established pursuant to N.J.S.A. 18A:7F-5.b, is less than the amount proposed by the district board of education, the board of school estimate shall present to the district board of education, the governing body(ies), and the executive county superintendent a statement of the specific line-item reductions made. The board of school estimate shall submit with the statement a certification that the board of school estimate has reviewed the budget proposed by the district board of education and that the board of school estimate deems the revised budget sufficient for provision of T&E.

The governing body of each municipality comprising the school district shall appropriate the amount certified by the board of school estimate.

i. If the amount of money appropriated by the governing body(ies) for general fund purposes for the ensuing year, pursuant to N.J.S.A. 18A:22-17, which shall not be less than the required local share established pursuant to N.J.S.A. 18A:7F-5.b, is less than the amount certified by the board of school estimate, the governing body(ies) shall present to the board of school estimate, the district board of education, and the executive county superintendent a statement of the specific line-item reductions made by the governing body(ies). The board of school estimate shall submit with the statement a certification that the amount appropriated for school purposes is sufficient for provision of T&E.

ii. If the sum of the equalization aid and general fund tax levy resulting from board of school estimate review or subsequent governing body certification is at or below the school district's adequacy budget, as calculated pursuant to N.J.S.A. 18A:7F-51, the board of school estimate and/or governing body(ies) shall concurrently present a specific written demonstration as to why such reductions will not adversely affect the ability of the school district to provide a T&E education or the stability of the school district given the need for long-term planning and budgeting as required at N.J.S.A. 18A:7F-5.e(2).

If the money appropriated by the governing body(ies) for general fund purposes for the ensuing year, pursuant to N.J.S.A. 18A:22-17, is less than the required local share established pursuant to N.J.S.A. 18A:7F-5.b, the certification shall be considered a failure to certify in accordance with N.J.A.C. 6A:23A-9.8.

(d) If the governing body(ies) or the board of school estimate has certified an amount of tax levy less than the amount proposed by the district board of education as a result of reductions eligible for restoration through application to the Commissioner as set forth at N.J.A.C. 6A:23A-9.9, the executive county superintendent shall schedule a conference between the district board of education, or a formally approved committee thereof, and the governing body(ies) or the board of school estimate, or a formally approved committee thereof, for the purpose of assisting the respective bodies in reaching agreement on the amount of tax levy sufficient to ensure provision of a T&E education consistent with N.J.S.A. 18A:7F-5 through 63.

If an agreement is reached, any resultant adjustment in tax levy shall be certified forthwith to the county board of taxation.
If an agreement is not reached and a tax levy has already been certified pursuant to N.J.S.A. 18A:22-37, the levy shall stand as originally certified and application to the Commissioner for restoration of reductions may be made in accordance with N.J.A.C. 6A:23A-9.9.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-9.8 Governing body failure to certify or agree; Commissioner sets tax levy

(a) Pursuant to N.J.S.A. 18A:22-38, if the municipal governing body(ies) fails to certify by May 19, or the Commissioner-established date established if the April school election date is changed pursuant to N.J.S.A. 19:60-1, an amount of tax levy for any item rejected at the April school election or certifies different amounts to the county board of taxation, a district board of education shall submit the budget and any reduction(s) recommended, pursuant to N.J.S.A. 18A:7F-5.e(1) or (2), by the municipal governing body(ies) following voter defeat for review and determination by the Commissioner of the tax levy amount to be certified to the county board of taxation.

(b) When a district board of education in a school district with elections held in November fails to certify the school district's tax levy to the county board of taxation by May 19, pursuant to N.J.S.A. 18A:22-33.b, the Commissioner shall determine the levy amount to be certified to the county board of taxation.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-9.9 Application for Commissioner restoration of budget reductions

(a) The requirements for application to the Commissioner for restoration of reductions are as follows:

A district board of education that has proposed to voters or the board of school estimate a general fund budget, pursuant to N.J.S.A. 18A:7F-5, with a sum of general fund tax levy and equalization aid in excess of the school district's adequacy budget, as calculated pursuant to N.J.S.A. 18A:7F-51, may apply for restoration of reductions made, pursuant to N.J.S.A. 18A:7F-5.e(1), by the governing body(ies) following voter defeat, or by the board of school estimate, only on grounds the reductions will negatively impact the stability of the school district given the need for long-term planning and budgeting ("stability grounds"). The district board of education shall document by clear and convincing evidence its need for restoration of each item reduced. In such cases, a district board of education shall not argue that any of the reductions will adversely affect its ability to meet the NJSLS and the efficiency standards.

i. "Stability grounds" as used in the School Funding Reform Act of 2008, N.J.S.A. 18A:7F-43 et seq., means reductions that would require long-term planning or budgeting and cannot be accomplished within the budget year; that would adversely affect the district board of education's ability to operate a school system; and that are not a program, service, or other expenditure contained within the efficiency standards or are expenditures for items that are in excess of those contained in the efficiency standards.

A district board of education that has proposed to voters or the board of school estimate a general fund budget, pursuant to N.J.S.A. 18A:7F-5, with a sum of general fund tax levy and equalization aid at or below the school district's adequacy budget, as calculated pursuant to N.J.S.A. 18A:7F-51, may apply for restoration of reductions made, pursuant to N.J.S.A. 18A:7F-5.e(2), by the governing body(ies) following voter defeat, or by the board of school estimate, on grounds the reductions either will adversely affect the district board of education's ability to meet the NJSLS and the efficiency standards ("T&E grounds") or will adversely affect the stability of a district board of education's overall operations given the need for long-term planning and budgeting ("stability grounds").

i. "T&E grounds" means the reduction(s) would adversely affect the district board of education's ability to implement programs and services at the level contained in the efficiency standards to ensure its students achieve the New Jersey Student Learning Standards.

Within 10 business days after certification of the general fund tax levy by the governing body(ies), or the board of school estimate, a district board of education eligible for restoration pursuant to (a)1 or 2 above may submit to the Commissioner an application for restoration on a form deemed appropriate by the school district. The district board of education shall:

i. Address each line-item reduction made by the governing body(ies) or the board of school estimate; and

ii. Provide a specific written explanation supported by attached documentation, or specific reference to information contained in materials submitted pursuant to N.J.A.C. 6A:23A-9.7(a)1, as to why each reduction will adversely affect the ability of the school district to provide a T&E education or the stability of the school district given the need for long-term planning and budgeting, whichever criterion or criteria will apply at (a)1 or 2 above.

A district board of education shall submit an application for restoration to the executive county superintendent, and shall concurrently submit a copy of the complete application to the governing body(ies) or the board of school estimate.
Within 10 business days of receipt of the district board of education's application, the governing body(ies) or the board of school estimate may submit to the executive county superintendent its comments on the district board of education's application. A copy of such comments shall concurrently be submitted to the district board of education.

(b) Commissioner review and certification of tax levy, and determination of application for restoration, shall be as follows:

Upon receipt of a district board of education's application and the governing body's or board of school estimate's comments thereon, or upon expiration of the time for their submission pursuant to (a)5 above, the Commissioner will review the materials submitted and issue an order directing restorations or reallocations as warranted pursuant to the appropriate standard at N.J.S.A. 18A:7F-5 consistent with the overall intent of the School Funding Reform Act of 2008. For purposes of assessing budgets for certification of tax levy and assessing applications, the Commissioner may engage the assistance of any Department staff as the Commissioner deems appropriate.
In addition to application materials and responsive comments, and materials submitted to the executive county superintendent in accordance with (a)1 above, the Commissioner may consider additional information available through established reporting requirements and Department data collection processes. The Commissioner or a designee may request further information or explanation from a district board of education, governing body, or board of school estimate at any time during the review process.
In the case of budgets subject to Commissioner tax levy certification pursuant to N.J.A.C. 6A:23A-9.8 or applications submitted pursuant to (a) above, the Commissioner may consider enrollment increases or decreases within the school district, the history of voter or board of estimate approval or rejection of school district budgets, the impact on the local tax levy, whether reductions made will impact the ability of the school district to fulfill its contractual obligations, and the other factors at (b)4 below.
In determining the impact of reductions on the stability of a school district, the Commissioner may consider the following information:

i. Increases or decreases in enrollment;

ii. The history of voter approval or rejection of school district budgets;

iii. The impact on the local tax levy;

iv. The ability of the school district to fulfill its existing contractual obligations pursuant to N.J.S.A. 18A:7F-43 et seq., and the relationship of contractual obligations to Statewide trends in bargaining practices;

v. The impact on class sizes relative to instructional space;

vi. The impact on class sizes relative to teaching staff reductions under existing teacher contracts;

vii. The link between the proposed reduction and classroom instruction or health and safety;

viii. The nature of the reduction as to whether it is a continuation expenditure or a new or increased expenditure;

ix. The school district's relative standing in the Taxpayers' Guide to Education Spending on the indicators for total administration; administrative salaries and benefits; total operations and maintenance of plant; district board of education contributions to the food service program; and extracurricular costs;

x. The school district's original budget to actual spending and unreserved general fund balance usage and projections trend histories;

xi. Nonrecurring costs;

xii. The degree to which a school district exceeds its adequacy budget; and

xiii. Any facts or data that would provide evidence of the reduction's impact.

In directing adjustments to budgets that are subject to Commissioner certification, application for restoration, or required review, the Commissioner may reallocate or sustain reductions to surplus if the reallocations or reductions do not decrease surplus below $ 250,000 or the minimum amount necessary based on the school district's specific circumstances and needs, whichever is greater, notwithstanding that budgeted amounts are within the level permitted pursuant to N.J.S.A. 18A:7F-7.
Commissioner decisions issued pursuant to this subchapter are final decisions that may be appealed to the Appellate Division of the Superior Court, pursuant to N.J.S.A. 18A:6-9.1.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-9.10 Executive county superintendent ongoing budget review

(a) Subsequent to voter or board of school estimate approval, as applicable, but prior to submission of the subsequent school district budget, the executive county superintendent shall:

Reexamine and monitor all school district budgets of the school districts within the county to identify any potential efficiencies in administrative operations or any excessive non-instructional expense(s) that was not identified during the initial budget review or is the result of subsequent events or new information. During the reexamination, the executive county superintendent shall consider the following:

i. The efficiency standards and efficient business practices established pursuant to N.J.A.C. 6A:23A-9.3;

ii. The school district's year-end board secretary's report;

iii. The school district's independent annual audits and ACFRs;

iv. Recent evaluations and progress reports of the five key components of school district effectiveness under NJQSAC;

v. The results of year-end financial procedures conducted pursuant to N.J.A.C. 6A:23A-9.1 1;

vi. Routine school district inspections made pursuant to N.J.S.A. 18A:7-8.a; and

vii. Other information or documentation obtained during the performance of the executive county superintendent's duties, pursuant to N.J.S.A. 18A:7-8; and

Notify in writing any school district with identified administrative inefficiencies and/or excessive non-instructional costs of the findings, and quantify the amounts by account that shall not be included in the school district's subsequent budget. The written notification shall state transfers shall not be made during the current budget year to the identified accounts.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-9.11 Year-end financial procedures for executive county superintendent and State monitor

(a) Within 30 days of receipt of a school district's audited ACFR, the office of the executive county superintendent or State monitor, where one has been appointed in the school district pursuant to N.J.S.A. 18A:7A-55, shall review each school district's and CVSD's I-1, Schedule of Serial Bonds, for compliance with N.J.S.A. 18A:55-3.e.

The executive county superintendent or State monitor, as applicable, shall notify each school district and CVSD of any debt that might result in a three percent net present value savings if refinanced and shall document whether the district board of education has passed a resolution to refinance or taken any other action to study the refinancing of such debt; and

The executive county superintendent or State monitor, as applicable, shall recommend to the Commissioner the withholding of State aid in an amount equal to the projected savings to be achieved through refinancing if no action has been commenced to study refinancing or refinance such debt.

(b) The office of the executive county superintendent or State monitor, as applicable, shall annually review each school district's and CVSD's audited account payables and encumbrances that are part of the reserve for encumbrances as of June 30 that are in excess of $ 5,000.

No earlier than October 15 but no later than December 1 of each year, each school district and CVSD shall submit to the executive county superintendent or State monitor, as applicable, a detailed list for encumbrances and a detailed list for accounts payable that comprise the aggregate amount of the respective balance sheet accounts reflected in the annual independent audit of the most recently completed fiscal year-end. Each list shall indicate for each item:

i. The purchase order number;

ii. The date of purchase order issuance;

iii. The vendor name;

iv. The purchase order amount;

v. A brief description of goods or service, and when available;

vi. The invoice number;

vii. The invoice date;

viii. The invoice amount;

ix. The check number; and

x. The check date.

(c) The executive county superintendent or State monitor, as applicable, may request back-up documentation for some or all of the items to be reviewed at school district offices or delivered to the executive county superintendent's office, if applicable.

(d) The executive county superintendent or State monitor, as applicable, may lower the dollar amount of transactions to be reviewed, if deemed warranted after reviewing transactions in excess of $ 5,000.

(e) Except for construction projects and other long-term contracts, the reserve for encumbrances or unassigned general fund balance created by cancelled encumbrances, as applicable, shall be reclassified to "assigned general fund balance for appropriation in the subsequent school year" in the aggregate amount of the following:

Encumbrances reflected in the independent audit report's reserve for encumbrances that are cancelled on or after July 1; or
Encumbrances for goods or services that have not been liquidated by September 30 of the fiscal year subsequent to the recently audited fiscal year.

(f) Account payables at year-end shall include amounts only for goods or services that have been received or rendered as evidenced by the invoice date on or before June 30 of the audited fiscal year.

(g) Account payables that do not meet the criteria at (f) above shall be treated as encumbrances in accordance with (e) above. Prior-year accounts payables that were actually encumbrances or unassigned general fund balance created by cancelled accounts payables/encumbrances, as applicable, shall be reclassified to "assigned general fund balance for tax relief in the subsequent school year" in the aggregate amount of accounts payable at June 30 of the audited fiscal year.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 10 UNUSED TAX AUTHORITY (BANKED CAP)

N.J. Admin. Code § 6A:23A-10.1 Unused tax authority (banked cap)

(a) A district board of education may increase its adjusted tax levy pursuant to N.J.S.A. 18A:7F-39.e.

(b) A district board of education shall comply with the following when including unused tax authority in any of the next three budget years:

Fully exhaust all tax authority authorized pursuant to N.J.S.A. 18A:7F-38 in the budget prior to including unused tax authority calculated pursuant to (a) above in that budget year;
Adopt and submit with the budget application a true copy of a formal district board of education resolution that contains the need for, and the amount of, the unused tax authority to be included in the base budget, and a statement that said need must be completed by the end of the budget year and cannot be deferred or incrementally completed over a longer period of time; and
Submit with the budget application a true copy of the minutes of the district board of education meeting at which the need for the unused tax authority to be included in the base budget was formally introduced and discussed in public.

(c) Unused tax authority calculated pursuant to (a) above that is created by merging a passed separate proposal(s) with the base budget shall not be considered unused tax authority available to a district board of education in the next three subsequent budget years.

(d) A district board of education shall fully utilize unused tax authority from the earliest prior year(s) before utilizing unused tax authority from the prebudget year.

(e) The executive county superintendent may disapprove use of banked cap, pursuant to N.J.S.A. 18A:7F-5, if the executive county superintendent determines the district board of education has not implemented all potential efficiencies in the administrative operations of the school district.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-10.2 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-10.3 Unused spending authority (banked cap)

(a) Pursuant to N.J.S.A. 18A:7F-5a, a district board of education that increases its net budget between the prebudget year and budget years less than that authorized pursuant to N.J.S.A. 18A:7F-5d may include 50 percent of the unused spending authority, which is the amount of the difference between its actual net budget and its permitted net budget, in either of the next two succeeding budget years.

(b) A district board of education shall comply with all of the following requirements when including unused spending authority in either of the next two budget years:

Fully exhaust all spending authority authorized pursuant to N.J.S.A. 18A:7F-5d in the budget prior to including unused spending authority calculated under (a) above in that budget year;
Adopt and submit with the budget application a true copy of a formal board resolution which contains the need for and the amount of the unused spending authority to be included in the base budget, and a statement that said need must be completed by the end of the budget year and cannot be deferred or incrementally completed over a longer period of time; and
Submit with the budget application a true copy of the minutes of the board meeting at which the need for the unused spending authority to be included in the base budget was formally introduced and discussed in public.

(c) Unused spending authority calculated pursuant to (a) above that is created by merging a passed separate proposal(s) with the base budget shall not be considered unused spending authority available to a district board of education in the next two subsequent budget years.

(d) A district board of education shall fully utilize unused spending authority from the prior prebudget year before utilizing unused spending authority from the prebudget year.

(e) The Executive County Superintendent may disapprove use of banked cap pursuant to N.J.S.A. 18A:7F-5 if he or she determines that the district board of education has not implemented all potential efficiencies in the administrative operations of the school district.

History

Recodified to N.J.A.C. 6A:23A-10.1 by R.2017 d.089, effective 5/1/2017.
See: 48 N.J.R. 2665(a), 49 N.J.R. 1038(a).
Section was "Unused spending authority (banked cap)".

Subchapter 11 TAX LEVY GROWTH LIMITATION

N.J. Admin. Code § 6A:23A-11.1 Adjusted tax levy growth limitation

(a) A school district shall not adopt a budget with an increase that exceeds the adjusted tax levy growth limitation, calculated pursuant to N.J.S.A. 18A:7F-38.

(b) The school district shall prove by clear and convincing evidence the anticipated dollar amount of the expenditure for each tax levy adjustment sought is reasonable.

(c) The adjusted tax levy shall be increased or decreased, accordingly, when the responsibility and associated cost of a school district activity is transferred to another school district or governmental entity.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-11.2 Adjustment for increases in enrollments

(a) For purposes of the calculation of the adjustment to the tax levy cap for increases in enrollment pursuant to N.J.S.A. 18A:7F-38.b.1, the school district shall use the enrollment projection calculated by the Commissioner for the purpose of State aid calculations for the budget year.

(b) A school district may request approval for each unit of weighted resident enrollment to equal one if it can demonstrate:

The calculation at N.J.S.A. 18A:7F-38.b would result in an average class size that exceeds by 10 percent the facilities efficiency standards established pursuant to N.J.S.A. 18A:7G-1 et seq.; and
New resources were added to the budget to achieve actual average class size reduction. For this purpose, adding another teacher to an existing classroom shall not constitute class size reduction.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-11.3 Adjustment for an increase in health care costs

(a) For the purposes of calculating the adjustment for health care costs, health care costs shall include medical insurance and prescription drug insurance consistent with the coverage provided under the SEHBP.

(b) A district board of education may increase its adjusted tax levy pursuant to N.J.S.A. 18A:7F-38.d.

For the purpose of this calculation, the health care cost for the prebudget year shall equal the projected cost of medical and prescription drug insurance from the original budget of the prebudget year.

(c) A district board of education shall submit to the executive county superintendent supporting documentation for this adjustment as follows:

A written verification or estimate, as applicable, of the rate increases for medical and prescription drug insurance from the insurance broker or insurer;
A summary schedule of invoices for the 12 months or four quarters ended, as applicable, prior to the fiscal year for which the adjustment request for medical and prescription drug insurance is being requested;
The actual cost, if available, or estimated cost of medical and prescription drug insurance for the budget year;
A summary schedule of medical and prescription drug insurance for the prebudget year and budget year including:

i. Plan type (for example, traditional, HMO, or PPO);

ii. Cost by coverage category (single, parent and child(ren), or family); and

iii. The number of employees in each plan by category;

Reimbursement required by employees;

A written assurance that health benefit invoices are reviewed at least quarterly or that personnel and payroll systems contain controls to ensure coverage and payments are made only for current eligible employees; and
For school districts that do not participate in the SEHBP:

i. A detailed analysis documenting the cost savings achieved from the current provider(s) as compared to participation in the SEHBP; and

ii. Documentation that the cost of health care insurance and alternative insurers, including group plans and consortiums, were examined at least once in the last three years and the school district participates in the most cost effective plan available pursuant to N.J.S.A. 18A:55-3.a given the requirements of the existing collective bargaining agreement(s).

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-11.4 Recodified

History

Recodified to N.J.A.C. 6A:23A-11.3 by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 12 TAX LEVY GROWTH LIMITATION; SEPARATE VOTER APPROVAL

N.J. Admin. Code § 6A:23A-12.1 Voter authorization to exceed tax levy limitation; separate proposal(s)

(a) A district board of education may put to voters the matter of exceeding the tax levy limitation, pursuant to N.J.S.A. 18A:7-8.m, N.J.S.A. 18A:7F-5.d(9), and 39.c.

The proposal(s) to increase the tax levy shall be approved if a majority of the people voting at the school election votes in the affirmative or, when applicable, approved by a majority of a quorum of the board of school estimate.
A proposal(s) submitted to voters shall not include any program(s) or service(s) necessary for students to achieve the New Jersey Student Learning Standards.
A proposal(s) submitted to voters shall not include any capital outlay(s) necessary for health and safety reasons or that constitutes eligible costs of a T&E construction project.
A proposal(s) submitted to voters shall not include any existing program(s) or service(s) included in the prebudget year except when documented to the executive county superintendent's satisfaction that reallocation is required to maintain or achieve T&E or that such programs and services are not necessary for T&E.
A district board of education shall frame each question to request sufficient funds to carry out the specific purpose(s) contained therein. A district board of education shall include in the base budget only funds for purposes that can be implemented without the approval of a separate question.
All proposals to increase the tax levy shall include interpretive statements specifically identifying the program purposes for which the proposed funds will 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 executive county superintendent may prohibit the submission of a separate proposal(s) to voters or board of school estimate if the executive county superintendent determines the school district has not implemented all potential efficiencies in the administrative operations of the school district, when the efficiencies would eliminate the need for the raising of additional general fund tax levy.
Any rejection by voters of a school district's separate proposal(s) shall be final and conclusive with no appeal. The municipal governing body(ies) or board of school estimate shall not authorize the raising of additional tax levy upon rejection by voters of a school district's separate proposal(s).
A district board of education shall not modify the base budget to execute such purposes pursuant to (a)8 above, except as allowed pursuant to (a)13 below.
A district board of education shall use amounts approved by voters or the board of school estimate exclusively for the purpose(s) contained in the associated question.

i. If multiple purposes are approved, a district board of education may approve a transfer of amounts among purposes, if necessary, as long as all purposes in the statement originally approved by voters or board of school estimate can be completed.

A district board of education shall maintain a separate accounting of expenditures for each purpose, and shall expend or encumber approved amounts by the end of the school year. For any unexpended or unencumbered balances, the district board of education shall either anticipate such funds as a part of the designated general fund balance of the subsequent school year budget, or reserve and designate such funds in the second subsequent school year budget.
A district board of education shall submit to the Commissioner amounts approved by voters or the board of school estimate as part of the final overall budget certified for taxes.
Purposes that were rejected by voters may be implemented in the budget year only through a donation or contribution from an external source other than the district board of education and only if implementation will not require any funding by the school district in the budget year and/or subsequent budget years.

(b) For purposes of the tax levy certification, pursuant to N.J.S.A. 18A:22-34, school districts that hold their annual election in November shall base the calculation of half the tax levy on the base budget and not include a separate proposal. A school district with a November-approved separate proposal shall recertify the levy, including the approved separate proposal, within 15 days after the proposal's authorization.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-12.2 [Reserved]

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-12.3 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-12.4 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-12.5 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-12.6 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-12.7 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-12.8 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-12.9 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-12.10 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-12.11 [Reserved]

History

Repealed by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-12.12 [Reserved]

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-12.13 Recodified

History

Administrative Change, 48 N.J.R. 1802(a).

Subchapter 13 TAX LEVY GROWTH LIMITATION; SEPARATE VOTER APPROVAL

N.J. Admin. Code § 6A:23A-13.1 Commissioner-adjusted tax levies; Commissioner budget reallocations and directives; and transfers

Transfers from line accounts that include expenditures and/or reallocations directed by the Commissioner shall be prohibited unless approved in writing by the executive county superintendent and in accordance with N.J.S.A. 18A:22-8.1 and N.J.A.C. 6A:23A-13.3. District boards of education shall submit to the executive county superintendent written requests for transfers, including the amount to be transferred, the account(s) to be reduced, the account(s) to be increased, and the purpose and justification. Transfers shall not be requested or made prior to December 1 of the applicable budget year and shall be approved only for an emergent circumstance(s).

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-13.2 Executive county superintendent reduction of administrative and non-instructional expenses; transfers prohibited

If the executive county superintendent, pursuant to N.J.S.A. 18A:7-8, disapproves a portion of a school district's proposed budget because the school district has not implemented all potential efficiencies in its administrative operations or because the budget includes excessive non-instructional expenses, the school district shall not transfer appropriations during the budget year into the line-item account(s) from which the disapproved amount(s) were removed.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-13.3 Transfers during the budget year

(a) All transfers shall be executed only by district board of education resolution approved in accordance with law and regulation applicable to the particular circumstances. Each resolution shall indicate the exact amount of the transfer(s) to and from the applicable accounts or fund balance.

(b) A district board of education may transfer surplus or other unbudgeted or underbudgeted revenue between April 1 and June 30 only upon prior approval by the executive county superintendent, as the Commissioner's designee, pursuant to N.J.S.A. 18A:22-8.1. Requests shall be received by June 30. All approved transfer requests shall be expended or encumbered for the approved use by June 30, or the district board of education shall reserve and designate the funds for appropriation in the subsequent budget year. To request approval of such transfers, a district board of education shall submit to the executive county superintendent the following:

Documentation of approval of the transfer by a two-thirds affirmative vote of the authorized membership of the district board of education;

Certification by the same membership that the transfer is necessary to achieve the NJSLS for the current year. The certification shall include the purpose, need of transfer, and, at a minimum, a list of specific line items to be transferred into and corresponding amounts. Requests to appropriate surplus for textbooks, computers, equipment, or other needs for use and operation for the subsequent school year shall not be considered a need for the current year and shall not be approved; and

The latest board secretary's report as documentation that no other line item balances are available and all appropriation balances are or will be expended or encumbered.

(c) Prior to April 1, a district board of education may petition the Commissioner, by a two-thirds affirmative vote of the authorized membership of the district board of education, for approval of a transfer of surplus or other unbudgeted or underbudgeted revenue only for an emergent circumstance. The district board of education shall be subject to an on-site inspection by the executive county superintendent for verification of the emergent circumstance and other supporting documentation. The district board of education shall submit the district board of education-approved petition to the executive county superintendent for recommendation to the Commissioner. At a minimum, the district board of education shall include the following in its submission:

Certification the transfer is necessary for an emergent circumstance, no other line-item balances are or will be available, and the remaining surplus will enable the district board of education to operate in a fiscally solvent position for the remainder of the budget year;
Documentation the emergent circumstance, if not addressed through an appropriation of additional revenue, would render peril to the health and safety of students or staff, and/or force the school district into an operating deficit as a result of the required implementation of the NJSLS;
The latest board secretary's report as documentation that no other line item balances are or will be available as set forth at (c)3i below:

i. Any unexpended, unencumbered balances are for non-discretionary fixed costs and supported by historical expenditures or other documentation ensuring that the balances will be expended by June 30; and

Evidence of approval of the petition and supporting documentation by a two-thirds affirmative vote of the authorized membership of the district board of education.

(d) A district board of education may at any time and without Commissioner approval:

Appropriate unbudgeted or underbudgeted State aid for which approval was granted by the Department in the written notification to the district board of education of the additional aid;

Appropriate unbudgeted and underbudgeted tuition revenue generated from a school district specific program that is not part of a formal sending-receiving relationship, pursuant to N.J.S.A. 18A:38-19 and 18A:46-21;

Appropriate unbudgeted or underbudgeted school transportation revenue generated from a school district's or coordinated transportation services agency's role as the host provider of school transportation services, pursuant to N.J.S.A. 18A:39-11 and 11.1;
Appropriate unbudgeted or underbudgeted restricted miscellaneous local revenue;
Appropriate unbudgeted or underbudgeted Federal revenue;
Appropriate surplus generated from any Federal and/or State revenue excluded from the excess surplus calculation in the prebudget year in accordance with the annual audit program; and
Appropriate unbudgeted or underbudgeted revenue from school bus advertising or restricted fund balance that has been designated to offset fuel costs associated with the provision of transportation services pursuant to N.J.S.A. 18A:39-31.

(e) As used in this section, "general fund appropriation account" means the required advertised appropriation accounts pursuant to N.J.S.A. 18A:22-1 et seq., except where consolidated as follows:

Basic skills, bilingual, and special education instruction, including other related and extraordinary services;
Student activities, student athletics, and other student instructional services;
Student support services, including attendance, health, guidance, child study team, and media;
Improvement of instruction and staff training; and
Special programs (fund 13).

(f) For all transfers from any general fund appropriation account as defined at (e) above, and as amended to include prior year encumbrances carried forward to the current year and revenue appropriated pursuant to (d) above, the district board of education shall obtain approval for such transfers by two-thirds affirmative vote of the authorized membership of the district board of education, pursuant to N.J.S.A. 18A:22-8.1.

When the total amount of such transfers, on a cumulative basis, exceeds 10 percent of the amount of the account that was included in the school district's budget as certified for taxes, as amended to include prior year encumbrances carried forward to the current year and revenue appropriated pursuant to (d) above, the district board of education shall request in writing approval from the executive county superintendent, as the Commissioner's designee, by submitting the request and purpose for the transfer using the report pursuant to (i) below.

i. The district board of education may request approval from the executive county superintendent prior to obtaining the two-thirds affirmative vote of the authorized membership of the district board of education for such approval.

ii. A district board of education's written transfer request shall be deemed approved after 10 business days of receipt of the request by the executive county superintendent if no executive county superintendent approval or denial is provided within that timeframe. A district board of education shall maintain proof in the form of a sent and received e-mail receipt, or other form of documentation of proof of delivery to the executive county superintendent for all transfer requests deemed approved under this subsection.

Prior to any transfer(s) from capital outlay accounts to current expense, except for equipment, a district board of education shall submit to the executive county superintendent a written request for approval with documentation the transfer is required due to demonstrated hardship.

(g) For all transfers to the advertised appropriation accounts identified as general administration, school administration, central services, or administrative information technology that, on a cumulative basis, exceed 10 percent of the amount of the account included in the school district's budget as certified for taxes, amended to include prior year encumbrances carried forward to the current year, a district board of education shall submit, prior to the transfer, to the executive county superintendent a request for approval in a Commissioner-prescribed format.

Approval will not be granted, except as provided at (g)2 below, if:

i. The school district's budget currently exceeds the administrative cost limits; or

ii. The transfer would result in a budget in excess of the administrative cost limits in the applicable budget year, as prescribed at N.J.S.A. 18A:7F-5.c.

Transfers may be approved to support a contractual obligation or one-time increase in spending as justified by district board of education documentation. Transfers may not be approved if the school district did not budget sufficient funds upon review of actual expenditures and historical trends in those accounts. A district board of education that is granted approval remains subject to the requirements at N.J.S.A. 18A:7F-5.c.

(h) For all transfers to the advertised appropriation accounts identified as capital outlay for a capital outlay project not previously approved by voters or the board of school estimate, pursuant to N.J.A.C. 6A:23A-8.4, a district board of education shall submit, prior to the transfer, to the executive county superintendent a request for approval. Approvals are required for unbudgeted or underbudgeted revenue, including those listed and appropriated pursuant to (d) above, and shall be granted only for requests with written documentation that supports the existence of an emergent circumstance, as defined at (c)2 above, and only after an on-site inspection by the executive county superintendent to verify the emergent circumstance. Transfers to equipment accounts or to supplement a capital outlay project previously approved by voters or the board of school estimate, pursuant to N.J.A.C. 6A:23A-8.4, do not require approval by the executive county superintendent.

(i) Each district board of education shall maintain a report of current month and year-to-date transfers between general fund appropriation accounts, as defined at (e) above, in a Commissioner-prescribed format or in a format developed locally and approved by the executive county superintendent. The district board of education shall submit the report to the executive county superintendent with any transfer request(s) and in accordance with the submission requirements of the board secretary's and treasurer's financial reports pursuant to N.J.A.C. 6A:23A-16.10.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 14 RESERVE ACCOUNTS

N.J. Admin. Code § 6A:23A-14.1 Capital reserve

(a) A district board of education or board of school estimate may establish, at any time, by board resolution a capital reserve account, pursuant to N.J.S.A. 18A:21-2 and 3 and N.J.S.A. 18A:7G-31.

(b) A district board of education shall be prohibited from using the funds in the capital reserve account for current expenses, pursuant to N.J.S.A. 18A:21-4, and shall use funds only to:

Implement capital projects in the school district's LRFP as required pursuant to N.J.S.A. 18A:7G-4.a and N.J.A.C. N.J.A.C. 6A:26-2; and
Augment a capital project funded in whole or part by bond proceeds only when:

i. The original referendum question separately listed the amount and portion of local share (or portion of total costs of a project receiving debt service aid) to be funded by capital reserve, pursuant to N.J.A.C. 6A:26-3.7 and 3.12; or

ii. Voter or board of school estimate approval was received to augment the original approved question by special appropriation in a type I school district, by separate question at a special election, or through the appropriate line items and supporting documentation in the base budget at the annual school election, pursuant to N.J.A.C. 6A:26-4.4(a)3 iii; or, for school districts that hold annual elections in November, through executive county superintendent approval of the base budget.

Appropriating funds in the annual general fund budget certified for taxes to meet the needs of the LRFP that are not met by State support;
Requesting approval from the executive county superintendent, as the Commissioner's designee, to appropriate any anticipated excess unreserved general fund balance, as calculated in the supporting documentation of the proposed budget, into a capital reserve in the proposed budget, pursuant to N.J.S.A. 18A:7F-7.b, only when the district board of education has:

i. Appropriating funds in the annual general fund budget certified for taxes to meet the needs of the LRFP that are not met by State support; or

ii. Obtained an approved LRFP in accordance with N.J.A.C. 6A:26-2; or

A transfer at year-end, by resolution only, of unbudgeted or under-budgeted revenue and/or unexpended line item appropriation amounts, or both, anticipated at year end, for withdrawal in subsequent school years in accordance with N.J.S.A. 18A:7F-41.a. The district board of education shall adopt the transfer resolution no earlier than June 1 and no later than June 30 of the respective school year.

i. A district board of education shall not deposit, into a capital reserve account, audited general fund excess surplus calculated as provided in the annual audit program. The district board of education shall reserve and designate such funds in the subsequent year's budget, pursuant to N.J.A.C. 6A:23A-8.5(b).

(d) A district board of education may satisfy the withdrawal approval requirements at (h) below when funds are deposited into the capital reserve account in the annual budget, pursuant to (c)1 and 2 above, using the designated line item, supporting documentation, and a statement of purpose in the advertised budget. The district board of education shall include in its statement of purpose:

The amount of the deposit;
A description of the future capital project and purpose; and
A statement that "The amount represents expenditures for construction elements or projects that exceed the facilities efficiency standards determined by the Commissioner as necessary to achieve the New Jersey Student Learning Standards."

(e) A district board of education may request express approval of voters for appropriation of additional amounts into the capital reserve by a separate proposal at the April or November election, as applicable, or by a special question at one of the special elections authorized pursuant to N.J.S.A. 19:60-2. A district board of education may request approval of the board of school estimate for appropriation of additional amounts into a capital reserve by a separate proposal at budget time or by special resolution. The amount expressly approved by voters or the board of school estimate for deposit into a capital reserve may be from surplus or unrestricted local miscellaneous revenue only if the source is delineated in the question and/or special resolution.

(f) A district board of education shall not deposit into a capital reserve account audited excess undesignated, unreserved general fund balance. The district board of education shall reserve and designate the funds in the subsequent year's budget, pursuant to N.J.A.C. 6A:23A-8.5(b).

(g) The district board of education shall maintain an amount of funds in the capital reserve account that does not exceed the amount needed to implement the capital projects in a school district's LRFP that are not met by State support.

If the amount in the capital reserve exceeds the amount authorized at (g) above, the district board of education shall withdraw the excess and reserve and designate it in the subsequent year's budget.
The district board of education shall ensure all excess amount in the capital reserve account identified in the annual audit, required pursuant to N.J.S.A. 18A:23-1 and Commissioner-developed procedures, are reserved and designated in the subsequent year's budget.

(h) A district board of education may withdraw funds from the capital reserve account at any time as follows:

By district board of education resolution for the transfer of funds to the line items in the capital outlay major account/fund to fund pre-development or other pre-application costs associated with architects, lawyers, and construction managers for school facilities projects included in the approved LRFP;

i. Pursuant to N.J.A.C. 6A:26-4.2(a), a district board of education that used capital reserve to fund pre-development or other pre-application costs in a capital project funded in part or in whole by bond proceeds may reimburse the general fund from the capital projects fund after approval of the referendum or resolution;

By district board of education resolution for the transfer of funds to the line items in the capital outlay major account/fund to fund the local share less any excess costs of a school facilities project as determined in accordance with N.J.A.C. 6A:26-3 and approved pursuant to N.J.A.C. 6A:26-3.3;
By district board of education resolution for the transfer of funds to the line items in the capital outlay major account/fund to fund the total costs, less any excess cost(s), of an other capital project submitted and reviewed in accordance with N.J.A.C. 6A:26-3.11, which would otherwise be eligible for State support, as determined in accordance with N.J.A.C. 6A:26-3;
By district board of education resolution for the transfer of funds to the capital projects fund, pursuant to N.J.A.C. 6A:26-4, for a school facilities project approved pursuant to N.J.A.C. 6A:26-3.3, after receiving voter, board of school estimate, or capital project review board approval, as applicable, or executive county superintendent approval for a school district that holds the annual school election in November, of the capital reserve use and specific amount in an approved referendum or resolutions, pursuant to N.J.A.C. 6A:26-3.7;
By district board of education resolution after receiving voter, board of school estimate, or capital project review board approval, as applicable, or executive county superintendent approval for a school district that holds the annual school election in November, except as authorized at N.J.A.C. 6A:26-3.12(c), for the transfer of funds to the line items in the capital outlay major account/fund to fund excess costs of a school facilities project and to fund the total costs for other capital projects that would not otherwise be eligible for State support, as determined in accordance with N.J.A.C. 6A:26, Educational Facilities;

i. Voter, board of school estimate, or capital project review board approval, or executive county superintendent approval for a school district that holds the annual school election in November, may be obtained through the original budget certified for taxes, in which the district board of education shall include a statement of purpose in the advertised budget, or through the board of school estimate's special appropriation process.

ii. The district board of education or board of school estimate shall include in the statement of purpose or special question for the capital project:

(1) The total costs;

(2) The final eligible costs;

(3) The amount requested for withdrawal for excess costs;

(4) A description/purpose of the capital project, or portion thereof, the excess costs will fund; and

(5) A statement that "The amount represents expenditures for construction elements or projects that exceed the facilities efficiency standards determined by the Commissioner as necessary to achieve the New Jersey Student Learning Standards."

iii. If requesting a withdrawal for multiple capital projects, the district board of education or board of school estimate shall include in the statement of purpose or special question the required information at (h)4i and ii above separately for each individual capital project.

iv. The district board of education or board of school estimate shall ensure the amount(s) approved by voters, the board of school estimate, or the capital project review board, or the executive county superintendent approval for a school district that holds the annual school election in November, is/are used exclusively for the purpose(s) contained in the associated statement or question.

v. For any approved amount(s) that remains unexpended or unencumbered at the end of the school year, the district board of education or board of school estimate shall:

(1) Return the funds to the capital reserve account;

(2) Anticipate the funds as part of the designated general fund balance of the subsequent school year budget; or

(3) Reserve and designated the funds in the second subsequent school year budget;

For the transfer of funds to the line items in the capital outlay major account/fund for the purchase of land by district board of education resolution, and after receiving Commissioner approval in accordance with N.J.A.C. 6A:26-3.12; and board of school estimate approval pursuant to (b)2ii above or capital project review board approval in accordance with N.J.A.C. 6A:26-3.1; and voter approval for school districts with April elections, or executive county superintendent approval for a school district that holds the annual school election in November;
By district board of education resolution for the transfer of funds to the debt service account for the purpose of offsetting locally funded principal and interest payments for bonded projects included in the school district's LRFP; or
By district board of education resolution for the transfer of funds to the general fund for the purpose of funding the Schools Development Authority debt assessment associated with grants the school district received in current or prior years.

(i) Notwithstanding (h) above, a district board of education or board of school estimate may apply, at any time, to the Commissioner for approval to withdraw funds from its capital reserve account for uses authorized at (b) above. A district board of education or board of school estimate may make a withdrawal pursuant to this subsection only upon receipt of the Commissioner's written approval. To obtain the Commissioner's approval, the district board of education shall establish, to the Commissioner's satisfaction, that an emergent condition exists necessitating an immediate withdrawal of capital reserve account funds.

(j) A district board of education shall administer and account for the capital reserve account as follows:

The district board of education shall establish and maintain the capital reserve account in accordance with Generally Accepted Accounting Principles, and shall be subject to annual audit, pursuant to N.J.S.A. 18A:23-1 et seq.;
If the cost to complete an approved school facilities project not funded in whole or part by school bonds exceeds the local share less excess costs, costs up to 10 percent above the local share less excess costs may be withdrawn from capital reserve in accordance with (h)1 above;
The district board of education shall transfer to the capital projects account, and account for separately with the corresponding grant, any funds withdrawn for the local share of a school facilities project that is not using school bonds or loan bonds for all or part of the local share that received a grant pursuant to N.J.S.A. 18A:7G-15. For any unexpended transferred capital reserve funds remaining after completion of the school facilities project, the district board of education shall:

i. Return the funds to the capital reserve account;

ii. Anticipate the funds as part of the designated general fund balance of the subsequent school year's budget; or

iii. Reserve and designate any unexpended transferred capital reserve funds in the second subsequent year's budget for tax relief;

Pursuant to N.J.S.A. 18A:21-3, a district board of education shall increase the capital reserve account by the earnings attributable to the investment of the account's assets, and:

i. Anticipate as miscellaneous income any investment income included in the original annual general fund budget certified for taxes; and

ii. Include any investment earnings in the maximum amount of capital reserve permitted at (g) above; and

A district board of education shall establish a separate account in the general fund for bookkeeping purposes only to account for increases to and withdrawals from the capital reserve account and its balance. The district board of education shall record a capital reserve account on the annual audit's general fund balance sheet as follows:

i. Dr: Capital Reserve Account; and

ii. Cr: Reserved/Restricted Fund Balance--Capital Reserve Account.

(k) Funds in capital reserve accounts in existence prior to July 18, 2000, shall be subject to the Educational Facilities Construction and Financing Act (EFCFA), P.L. 2000, c. 72, and this subchapter. The district board of education shall use the funds only for the original purpose for which the funds were deposited.

If the original purpose is outside the scope of the district board of education's approved LRFP, the district board of education shall account for the funds separately in the capital reserve fund and appropriate the funds as revenue for such purposes in the annual budget certified for taxes. The district board of education shall restore to the capital reserve account, for use pursuant to this subchapter, any unexpended capital outlay appropriations up to the amount of capital reserve funds appropriated. Expenditures shall be charged first to unrestricted capital outlay fund sources with capital reserve account appropriations expended last. The district board of education shall not deposit any additional funds into the capital reserve account, pursuant to (c) through (f) above, for pre-July 18, 2000, purposes.
If the original purpose is within the scope of the school district's approved LRFP, the district board of education shall make withdrawals pursuant to (h) above. However, if voter, board of school estimate, or capital project review board approval, or executive county superintendent approval for a school district that holds the annual school election in November, of excess costs or an other capital project was obtained when the funds were deposited into the capital reserve account, the district board of education shall be deemed to have satisfied the requirement for approval of excess costs or other capital projects at (h)2 above.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-14.2 Maintenance reserve

(a) A district board of education may establish, by resolution, a maintenance reserve account to be used to implement required maintenance of the school district's facilities. The district board of education shall be prohibited from using the funds for routine or capital maintenance.

(b) The district board of education shall establish and maintain the maintenance reserve account in accordance with GAAP. The account shall be subject to annual audit, pursuant to N.J.S.A. 18A:23-1 et seq.

(c) A district board of education or board of school estimate, as appropriate, may increase the balance in the maintenance reserve account by appropriating funds in the annual general fund budget certified for taxes.

(d) A district board of education or board of school estimate, as appropriate, may supplement a maintenance reserve account through a transfer by board resolution of unanticipated revenue and/or unexpended line-item appropriation amounts anticipated at year end for withdrawal in subsequent school years pursuant to N.J.S.A. 18A:7F-41.a. The transfer resolution shall be adopted by the district board of education or board of school estimates no earlier than June 1 and no later than June 30 of the respective school year.

(e) A district board of education or board of school estimate, as appropriate, may withdraw by resolution funds from the maintenance reserve account and appropriate the funds into the required maintenance account lines at budget time or any time during the year for use on required maintenance activities for a school facility, as reported in the comprehensive maintenance plan pursuant to N.J.A.C. 6A:26A-4.

Funds withdrawn from the maintenance reserve account shall be restricted to required maintenance appropriations. A district board of education or board of school estimate shall not transfer the funds to any other line-item account.

(f) In any year that maintenance reserve account funds are withdrawn, the district board of education shall restore to the maintenance reserve account at year-end any unexpended required maintenance appropriations, up to the amount of maintenance reserve account funds withdrawn.

(g) The district board of education shall transfer, by resolution, to the general fund on an annual basis, or more frequently, any interest earned on the investments in the maintenance reserve account.

(h) The district board of education shall ensure the maintenance reserve account balance does not, at any time, exceed four percent of the replacement cost of the school district's school facilities for the current year. If the account exceeds this maximum amount at June 30, the district board of education shall reserve and designate the excess in the subsequent year's budget.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-14.3 Establishment of other reserve accounts

(a) A district board of education or a board of school estimate, as appropriate, may establish, by resolution, the following reserve accounts:

Current expense emergency reserve account.

i. The funds in the reserve shall be used to finance unanticipated general fund current expense costs required for T&E, or to finance school security improvements as defined at N.J.S.A. 18A:7F-41.c.1. For the purpose of the emergency reserve account, "unanticipated" shall mean reasonably unforeseeable and shall not include additional costs caused by poor planning or error.

ii. The account shall not exceed $ 250,000 or one percent of the school district's general fund budget as certified for taxes up to a maximum of $ 1,000,000, whichever is greater.

iii. A district board of education may appropriate funds to establish or supplement the reserve in the school district's annual budget or through a transfer by district board of education resolution of any unanticipated revenue and/or unexpended line-item appropriation amounts anticipated at year end. The transfer resolution shall be adopted by the district board of education no earlier than June 1 and no later than June 30 of the respective school year.

iv. Withdrawals from the reserve shall require Commissioner approval unless the withdrawal is necessary to meet an increase in total health care costs in excess of four percent, for which the school district did not receive an automatic adjustment for health care costs pursuant to N.J.A.C. 6A:23A-11.3. Total health care costs shall include medical insurance and prescription drug insurance costs.

v. Withdrawals from the reserve made pursuant to this subsection shall be used during the current fiscal year. At year end, any amount withdrawn from the reserve that has not been expended or encumbered shall be reported as restricted general fund balance designated for expenditure in the second subsequent school year budget.

Debt service reserve account in the debt service fund for proceeds from the sale of school district property. For the purposes of the debt service reserve account, "property" shall mean land, buildings, and other property that was incidental to the sale of land or a building. The funds in the reserve shall be used by the school district first to reduce the outstanding principal amount at the earliest call date or to annually reduce the debt service principal payments. The funds may be used for any outstanding debt obligation(s) of the school district. The reserve shall be liquidated within the lesser of five years from its inception or the remaining term on the obligation(s). Any remaining balance shall be used for tax relief.
Tuition adjustment reserve account in the general fund for up to 10 percent of the estimated tuition cost in the contract year for an anticipated tuition adjustment in the second year following the contract year. In such case, the district board of education shall:

i. Establish, by district board of education resolution, the tuition adjustment reserve account at June 30;

ii. Make full appropriation of the reserve for the tuition adjustment in the second year following the contract year; and

iii. Transfer, by district board of education resolution, to the general fund on an annual basis, or more frequently, any interest earned on the investments in a tuition adjustment reserve account.

School bus advertising reserve for 50 percent of revenue from school bus advertising to offset transportation fuel costs, pursuant to N.J.S.A. 18A:39-31.
Federal Impact Aid reserves in the general fund, pursuant to N.J.S.A. 18A:7F-41.c(3).

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-14.4 Reserve accounts recorded in accordance with GAAP; audit

All reserve accounts shall be recorded in accordance with GAAP and 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.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-14.5 Reserved

History

Reserved by 56 N.J.R. 2141(a), effective 11/4/2024

Subchapter 15 STATE AID CALCULATIONS AND AID ADJUSTMENTS FOR CHARTER SCHOOLS

N.J. Admin. Code § 6A:23A-15.1 Definitions

The following words and terms shall have the following meanings when used in this subchapter, unless the context clearly indicates otherwise.

"Categorical aid attributable to the student" means security categorical aid attributable to the student and a percentage of the school district's special education categorical aid equal to the percentage of the school district's special education students enrolled in the charter school and, if applicable, 100 percent of preschool education aid attributable to the student. Preschool education aid is restricted revenue, which is to be recorded in the special revenue fund 20 and is subject to the provisions of N.J.A.C. 6A:13A.

"Certification" means as defined at N.J.A.C. 6A:11-1.2.

"Charter school rate" means an amount equal to 90 percent of the sum of the budget year equalization aid per pupil and the prebudget year general fund tax levy per pupil inflated by the CPI rate most recent to the calculation, pursuant to N.J.S.A. 18A:36A-12.

"District of residence" means as defined at N.J.A.C. 6A:11-1.2.

"Initial recruitment period" means as defined at N.J.A.C. 6A:11-1.2.

"Local share" means the percentage of the school district's adequacy budget supported by general fund tax levy.

" Non-resident school district" means a school district outside the school district of residence of the charter school.

"Non-resident student" means as defined at N.J.A.C. 6A:11-1.2.

"Prebudget year" means the school fiscal year immediately preceding the year in which the school budget is implemented.

"Projected enrollment(s)" means the estimated total enrollment(s) from both the school district of residence and non-resident school district(s) as follows:

For the first year, the projected enrollment is based on the enrollment as indicated in the New Jersey Charter School Application;
In subsequent years, projected enrollment is based on actual charter school enrollment as of October 15 of the prebudget year, the initial recruitment period that is submitted by January 15 and any approved change of enrollment as specified in the school's charter or an approved amendment.

"Region of residence" means as defined at N.J.A.C. 6A:11-1.2.

"Resident student" means as defined at N.J.A.C. 6A:11-1.2.

"School year" means as defined at N.J.A.C. 6A:11-1.2.

"State share" means the percentage of the school district's adequacy budget that is supported by State aid.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-15.2 Per pupil calculations, notification, and caps

(a) The resident and non-resident school districts shall use projected charter school aid as established by the Commissioner in a report to be distributed no later than February 15 of the prebudget year for budget purposes and to initiate school district payments to the charter school for the subsequent year. The report establishes for each resident and non-resident school district a per pupil amount for the local and State shares and categorical aids per pupil. Once the per pupil amount is established, it is not adjusted. Projected charter school aid is based on projected enrollments at the charter school. The number of students enrolled in the charter school is adjusted based on average daily enrollment for aid purposes throughout the school year in accordance with the prescribed adjustments at N.J.A.C. 6A:23A-15.3.

(b) The per pupil amount comprises local share as set forth at (b)1 below and State share as set forth at (b)2 below.

The local share per pupil is the part of the per pupil amount that includes the general fund tax levy of the school district of residence's or nonresident district(s)' budget(s).
The State share per pupil is the part of the per pupil amount that includes the equalization aid portion of the school district of residence's or nonresident district(s)' budget(s) or amounts, if any, contained in the annual appropriations act in-lieu-of or to supplement equalization aid for the corresponding fiscal year.

(c) On or before March 30 of each year, a charter school board of trustees shall submit to the Commissioner in the State-mandated format a budget for the following fiscal year based on the most recent enrollment projections provided to the charter school by the Commissioner.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-15.3 Enrollment counts, payment process, and aid adjustments

(a) To enroll in a charter school, the student first shall be registered in the school district in which the student resides. For any student who applies for enrollment in a charter school, the district board of education in which the charter school applicant resides shall process the student's registration for the subsequent school year upon submission of the registration forms. A district board of education shall process in a timely manner all such registrations, including the assessment of residency and the subsequent transfer to the charter school, and shall identify the specific categorical aid for which each student qualifies.

(b) Actual average daily enrollment in a charter school shall not exceed the enrollment as specified in the school's charter and approved by the Commissioner.

(c) A district board of education shall pay, to a charter school, aid the school district receives for categorical programs, pursuant to N.J.S.A. 18A:36A-12.b. The aid shall be paid to a charter school in the amount that is attributable to each resident student enrolled in the charter school.

(d) A district board of education that receives preschool education aid for preschool students enrolled in the charter school, pursuant to N.J.S.A. 18A:7F-54, shall pay to a charter school the amount of preschool education aid attributable to each resident student attending the charter school if the charter school is operating a full-day preschool program that has been approved by the Department's Office of Preschool Education.

(e) All categorical aid paid to a charter school by a district board of education shall be accounted for in the general fund of the charter school. Preschool aid is restricted and shall be accounted for in fund 20.

(f) A charter school may apply directly to the Commissioner for aid for high-cost placement for a student with disabilities in accordance with N.J.S.A. 18A:7F-55.b and c.

(g) A district board of education shall process payment(s) and payment adjustments to a charter school during the school year as follows:

The district of residence and non-resident school district(s) shall initiate payments to the charter school based on projected enrollment, as set forth in this section.
The school district of residence and non-resident school district(s) shall pay directly to a charter school the local share per pupil at the charter school rate, pursuant to N.J.S.A. 18A:36A-12.b, in 12 equal installments starting July 15 and thereafter on the 15th of each month.
Pursuant to N.J.S.A. 18A:36A-12.b, the school district of residence and non-resident school district(s) shall pay directly to the charter school the following aid in 20 equal installments on the 9th and 23rd of every month starting with September 9 and ending with June 23, or as established by the Legislature:

i. The State share per pupil at the charter school rate; and

ii. Categorical aid attributable to the student.

The charter school shall submit to the resident school district a listing of all students on roll on October 15 in a format prescribed by the school district for purposes of determining State aid. Pursuant to the guidelines in the school register, the charter school shall also submit to the school district copies of all source documents related to the determination of State aid.
During the school year, a charter school board of trustees shall conduct an enrollment count on October 15 and the last day of the school year. A charter school board of trustees shall submit each count in a summary school register for the purposes of determining average daily enrollment.

i. The charter school board of trustees shall submit the summary school register to the Commissioner no later than one week after the two enrollment counts conducted pursuant to (g)5 above.

(1) All aid paid to the charter school by the school district will be adjusted accordingly from projected enrollment to average daily enrollment on October 15 and the adjustment shall be spread evenly over the remaining pay periods in the school year.

(2) A final adjustment shall be calculated at year-end to account for changes in the average daily enrollment from October 15 to the end of the school year.

(3) The Commissioner will issue a report for the end-of-year adjustment to both the charter school and the district of residence and non-resident school district(s) after the final enrollment count. If there is a reduction in aid, the charter school shall pay the full amount to the school district no later than September 30 of the subsequent school year. If there is an increase in aid, the school district shall pay the full amount to the charter school no later than September 30 of the subsequent school year.

(4) A district board of education and a charter school board of trustees may change the payment provisions, as set forth at (g)2, 3, and 4 above, if mutual agreement can be reached on an alternative payment schedule.

(A) Such change in the payment provisions shall be effective only for the stated school year.

(B) Such change in the payment provisions shall require the written approval, through resolutions, of both the charter school board of trustees and the district board of education. The charter school board of trustees and the district board of education shall submit to the Commissioner a copy of its resolution on or before July 1 of the school year in which the payment schedule is effective.

If a district board of education falls behind by 15 days in the payment schedule at (g)2, 3, 4, and 5 above, a charter school board of trustees may petition the Commissioner to have the amounts owed to the charter school deducted from the district board of education's State aid and paid directly to the charter school.
The Commissioner may adjust the payment schedule based on the effective date of the final granting of the charter or based on significant change in enrollment during the school year.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-15.4 Procedures for private school placements by charter schools

(a) Within 15 days of a charter school's provision of written notice to a student's parent(s) of a proposed individualized education program (IEP) or proposed amendment to a student's IEP that provides for the student's placement in a private day or residential program, the charter school shall also provide to the district of residence of the student's parent(s) written notice of the proposed placement.

The district of residence may immediately request a copy of the student records to determine whether a less-restrictive program can appropriately meet the student's educational needs. The charter school shall forward a copy of the records without delay. In accordance with N.J.A.C. 6A:32-7.5(e)10, the charter school shall provide written notification to the parent(s) that a copy of the records has been forwarded to the district of residence.

(b) If the district of residence determines to challenge the placement, the district of residence may file, within 30 days of receiving notice of the placement, for a due process hearing against the charter school and the student's parent(s). The due process hearing shall be limited in scope to a determination by an administrative law judge as to whether there is a less-restrictive placement that will meet the student's educational needs and, if so, whether the charter school must place the student in the program.

The request for a due process hearing shall be processed in accordance with N.J.A.C. 6A:14-2.7 and, if the parties agree, mediation will be offered prior to transmittal of the matter to the Office of Administrative Law for a due process hearing.
For purposes of administering the request for a due process hearing, the district of residence shall be considered the "school district" as the term is utilized at N.J.A.C. 6A:14-2.7 and the request shall be processed in accordance with the regulations applicable to requests for a due process hearing by a school district.

All procedural issues that arise with respect to filings by a district of residence for a due process hearing in accordance with N.J.A.C. 6A:14-2.7 shall be addressed by the administrative law judge assigned to hear the matter.

If the due process petition is resolved with a determination that the student must be placed in the less-restrictive program sought by the district of residence, the student shall still be considered a student enrolled in the charter school who has been placed in the program by the charter school. The charter school shall maintain the student's slot in its enrollment and provide all child study team services for the student, including the development of an IEP and the monitoring of the implementation of the student's IEPs.

History

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Subchapter 16 DOUBLE-ENTRY BOOKKEEPING AND GAAP ACCOUNTING

N.J. Admin. Code § 6A:23A-16.1 Prescribed system of double-entry bookkeeping and GAAP accounting

(a) Each district board of education and charter school and renaissance school project board of trustees shall maintain a uniform system of financial bookkeeping and reporting.

(b) Each district board of education and charter school and renaissance school project board of trustees shall ensure that the uniform system is fully consistent with GAAP, as set forth in the Governmental Accounting and Financial Reporting Standards Original Pronouncements, published annually by the Governmental Accounting Standards Board (GASB; 401 Merritt 7, PO Box 5116, Norwalk CT), incorporated herein by reference, as amended and supplemented, and is compatible with the financial accounting terminology and classifications established in the Federal accounting manual, Financial Accounting for Local and State School Systems, 2014 Edition, by NCES; K Street NW, Washington, DC 20006, incorporated herein by reference, as amended and supplemented, as prepared, published, and distributed by the Commissioner in accordance with N.J.S.A. 18A:4-14, and the 2024-2025 Uniform Minimum Chart of Accounts for New Jersey Public Schools and Approved Private Schools for Students with Disabilities, which is incorporated herein by reference, as amended and supplemented, and available at https://www.nj.gov/education/finance/fp/af/coa/.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.2 Principles and directives for accounting and reporting

(a) Each district board of education and charter school and renaissance school project board of trustees shall use accounting and reporting directives as prepared, published, and distributed by the Commissioner, in addition to any books, materials, or bulletins, for the guidance of school officials in establishing and maintaining the double-entry bookkeeping and accounting system mandated in this subchapter.

(b) Each district board of education and charter school and renaissance school project board of trustees shall develop a system of accounting and reporting objectives that makes it possible to:

Present fairly and with full disclosure all funds and activities of the district board of education or charter school or renaissance school project board of trustees in conformity with GAAP; and

Determine and demonstrate compliance with finance-related legal and contractual provisions.

(c) Each district board of education and charter school and renaissance school project board of trustees shall develop an accounting system that is organized and operated on a fund basis and shall:

Report governmental, proprietary, and fiduciary funds in the fund financial statements to the extent that they have activities that meet the criteria for using those funds;
Establish and maintain funds required by law and sound financial administration. Only the minimum number of funds consistent with legal and operating requirements should be established;
Use the modified accrual or accrual basis of accounting as appropriate in measuring financial position and operating results in accordance with GAAP and regulatory provisions; and
Recognize transfers in the accounting period in which the interfund receivable and payable arise.

(d) Each district board of education and charter school and renaissance school project board of trustees shall adopt an annual budget and shall include the adopted annual budget in the minutes of the board.

A district board of education or charter school or renaissance school project board of trustees shall develop a detailed budget statement, which includes the classification of expenditures by program and function and is prepared on a fund basis in accordance with N.J.S.A. 18A:22-8 and on a form prescribed by the Commissioner.

A district board of education or charter school or renaissance school project board of trustees shall prepare a detailed budget for each special project, each capital project as separately identified in a referendum, and each Federal or State grant, in proposal and maintain the detailed budget, along with all authorized revisions, on file in the central business office.
Each district board of education and charter school and renaissance school project board of trustees shall take appropriate action, as necessary, to maintain a balanced budget.

(e) Each district board of education and charter school and renaissance school project board of trustees shall ensure that the accounting system provides the basis for appropriate budgetary control.

(f) Each district board of education and charter school and renaissance school project board of trustees shall use common terminology and classification consistently throughout the budget, accounts, and financial reports of each fund, and shall adopt a prepared chart of accounts that conforms with the following:

Each district board of education and charter school and renaissance school project board of trustees shall use, for financial reporting to the Department, the 2024-2025 Uniform Minimum Chart of Accounts for New Jersey Public Schools published and distributed by the Commissioner consistent with the Financial Accounting for Local and State School Systems, 2014 Edition, developed by NCES; K Street NW, Washington DC 20006, incorporated herein by reference, as amended and supplemented, in accordance with N.J.S.A. 18A:4-14.
A district board of education or charter school or renaissance school project board of trustees that formally adopts a resolution to expand upon the minimum requirements for the budget system at (f)1 above shall:

i. Be subject to the budgetary and over expenditure controls pursuant to N.J.A.C. 6A:23A-16.10(a)3;

ii. Compile budget data in the expanded and minimum format each month and at the end of the fiscal year; and

iii. Use, for such expanded systems, the Financial Accounting for Local and State School Systems, developed by NCES, as published and distributed by the Commissioner.

A district board of education and charter school and renaissance school project board of trustees shall approve and adopt any modifications to the chart of accounts, and shall ensure the modifications conform with the standards at (f)1 and 2 above.

(g) Each district board of education and charter school and renaissance school project board of trustees shall establish an adequate internal control structure and procedures for financial reporting.

(h) Each district board of education and charter school and renaissance school project board of trustees shall prepare monthly financial statements and reports of financial condition, operating results, and other pertinent information, in accordance with directions issued by the Commissioner, to facilitate management control of financial operations, legislative oversight, and, where necessary or desired, for external reporting purposes.

(i) Each district board of education and charter school and renaissance school project board of trustees shall prepare and publish an ACFR in compliance with the standards set forth by the Government Accounting and Financial Reporting Standards Original Pronouncements, incorporated herein by reference, as amended and supplemented, as prepared, published, and distributed by GASB and GAAP, covering all activities of the district board of education or charter school or renaissance school project board of trustees. The district board of education and charter school and renaissance school project board of trustees shall ensure that the ACFR includes, but is not limited to: an introductory section; basic financial statements; required supplementary information; schedules, narrative explanations, and a statistical section. Each district board of education and charter school and renaissance school project board of trustees shall use the uniform program as published and distributed by the Commissioner for preparing the ACFR.

A district board of education or charter school or renaissance school project board of trustees shall cause an audit of the annual financial statements to be made pursuant to N.J.S.A. 18A:23-1 et seq., and shall engage, to conduct the annual audit, only a licensed public school accountant who has an external peer/quality report performed in accordance with Government Auditing Standards (Yellow Book) by the Comptroller General of the United States (U.S. Government Printing Office, Stop SSOP, Washington, DC 20402-0001). The district board of education or charter school or renaissance school project board of trustees shall ensure that the external peer/quality report is completed within the time established by Government Auditing Standards issued by the Comptroller General of the United States unless the accountant or firm can show good cause as to why there is a delay.
A district board of education or charter school or renaissance school project board of trustees shall require the submission of the most recent external peer/quality report and letter of comment to the district board of education or charter school or renaissance school project board of trustees for review and evaluation prior to each appointment of a licensed public school accountant to conduct the annual audit.

i. A district board of education or charter school or renaissance school project board of trustees shall acknowledge the receipt, review, and evaluation of the external peer/quality report in the public session and minutes in which the district board of education or charter school or renaissance school project board of trustees authorizes the engagement of the accountant or firm to perform the audit.

ii. A district board of education or charter school or renaissance school project board of trustees shall require the submission of an updated external peer/quality report of the engaged licensed public school accountant, within 30 days after the issuance date of the external peer/quality report if such report is issued prior to the date of the audit opinion for the most recent fiscal year.

iii. In accordance with NJOMB Circular Letter 15-08, Single Audit Policy for Recipients of Federal Grants, State Grants and State Aid, including any amendments or revisions thereto, a district board of education or charter school or renaissance school project board of trustees shall ensure that the public school accountant provides a copy of the most recent external peer/quality report to the Department, within 30 days after the initial engagement of a licensed public school accountant or firm and within 30 days after the issuance of a subsequent peer/quality report.

A district board of education or charter school or renaissance school project board of trustees shall engage a public school accountant during the audit engagement period for non-auditing, management, or other consulting services only if the services comply with the independence standards as established in Government Auditing Standards (Yellow Book) by the Comptroller General of the United States.
The Commissioner may prohibit, for good cause, a district board of education or charter school or renaissance school project board of trustees from engaging a particular licensed public school accountant, or may direct the use of a process for the appointment of a licensed public school accountant. For the purpose of this provision, good cause shall include documented violations of N.J.S.A. 18A:23-1 et seq., reported deficiencies or violations identified through the American Institute of Certified Public Accountants (AICPAs) Peer Review Process as applied by the New Jersey Society of Certified Public Accountants (NJSCPA), disciplinary action by the State Board of Accountancy or AICPA, or after an investigation by the Department and hearing before the Commissioner or Commissioner's designee.
Documented violations of N.J.S.A. 18A:23-1 et seq. will be reported to the State Board of Accountancy with a recommendation by the Commissioner to cancel the license of the licensed public school accountant. A district board of education or charter school or renaissance school project board of trustees shall be prohibited from employing any accountant subject to this provision until the State Board of Accountancy makes a determination on the cancellation of the license.

(j) Pursuant to N.J.S.A. 18A:4-14, each district board of education shall maintain restricted fund balance categories stipulated by constitution, external resource providers, or through an enabling law in accordance with GAAP accounting standards and published by GASB for encumbrances, or legal restrictions imposed or permitted by the State or another government. A district board of education may request approval to establish a legal reserve other than those authorized herein by submitting a written request to the Division of Finance and Business Services in accordance with the annual audit program.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.3 Conflicts between legal provisions and GAAP

(a) If financial statements prepared in conformity with GAAP do not demonstrate finance-related legal and Federal or State contractual compliance, a district board of education or charter school or renaissance school project board of trustees shall present such additional schedules and narrative explanations in the ACFR as may be necessary to report its legal compliance responsibilities and accountabilities.

(b) Each district board of education and charter school and renaissance school project board of trustees shall maintain the accounting system on a legal-compliance basis, and shall include sufficient additional records to permit GAAP-based reporting.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.4 Minimum bond requirements for treasurer of school moneys

(a) Each district board of education and charter school and renaissance school project board of trustees shall use as the minimum requirements for the surety bond for the treasurer of school moneys, such percentage of the current year's school budget as required in the schedule set forth below:

| Total School Budget | Minimum Bond Required | | --- | --- | | Up to $100,000.00 | 20 percent of budget (Minimum $10,000) | | $100,000.01 to $250,000.00 | $20,000 plus 15 percent of all over $100,000 | | $250,000.01 to $500,000.00 | $42,500 plus 13 percent of all over $250,000 | | $500,000.01 to $750,000.00 | $75,000 plus eight percent of all over $500,000 | | $750,000.01 to $1,000,000.00 | $95,000 plus four percent of all over $750,000 | | $1,000,000.01 to $2,000,000.00 | $105,000 plus two percent of all over $1,000,000 | | $2,000,000.01 to $5,000,000.00 | $125,000 plus one percent of all over $2,000,000 | | $5,000,000.01 to $10,000,000.00 | $155,000 plus 1/2 percent of all over $5,000,000 | | $10,000,000.01 and upwards | $180,000 plus 1/4 percent of all over $10,000,000 |

(b) A district board of education or charter school or renaissance school project board of trustees, in fixing such minimum bond, shall round to the nearest $ 1,000.

(c) A district board of education and charter school and renaissance school project board of trustees shall ensure that the independent school auditor verifies the adequacy of the treasurer's surety bond, pursuant to N.J.S.A. 18A:17-32, and includes appropriate comment and a recommendation, if needed, in the annual school audit report.

(d) If a district board of education or charter school or renaissance school project board of trustees eliminates the position of treasurer, the person assuming the duties shall have a bond equal to the treasurer's bond or shall have their bond increased up to the amount of the treasurer's bond.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.5 Supplies and equipment

(a) Criteria to distinguish between supplies and equipment for accounting purposes as prescribed by GAAP pursuant to N.J.A.C. 6A:23A-16.1 and contained in the Financial Accounting for Local and State School Systems, which is established by NCES, and further specified in the Department's Uniform Minimum Chart of Accounts for New Jersey Public Schools, is incorporated by reference herein, as amended and supplemented, and on file and may be reviewed at the Office of Administrative Law, Quakerbridge Plaza, Building 9, PO Box 049, Trenton, New Jersey and the Department of Education, PO Box 500, Trenton, New Jersey.

(b) For the purpose of this section, "food supplies" includes only supplies that are consumable as food or drink and substances that may enter into the composition of a food in the operation of a school cafeteria or in a home economics class.

(c) Whenever any district board of education or charter school or renaissance school project board of trustees elects to purchase food supplies pursuant to this section, it shall adopt a policy stating what food supplies will be purchased without advertising for bids, pursuant to N.J.S.A. 18A:18A-5, designating a person(s) authorized to purchase food supplies, describing the procedure by which interested vendors may become eligible to submit quotations, and outlining the method by which the district board of education or charter school or renaissance school project board of trustees will solicit and accept quotations. A district board of education or charter school or renaissance school project board of trustees shall adopt this policy before the opening of school each year, and shall make the policy known to the public.

(d) A district board of education or charter school or renaissance school project board of trustees shall provide definite and uniform specifications governing standards of quality to each eligible vendor from whom quotations are solicited.

Each time a purchase of food supplies is to be made, the person(s) designated by the district board of education or charter school or renaissance school project board of trustees to purchase food supplies shall solicit quotations from interested, eligible vendors in the manner prescribed in the policy adopted in accordance with (c) above. Quotations for fresh or frozen fruits, vegetables, and meats need not be solicited more than once in any two-week period.
The person(s) designated to purchase the food supplies shall purchase them from the vendor giving the lowest quotation, unless the person(s) designated to purchase food supplies can justify the purchase from one of the other vendors submitting a quotation. The person(s) designated shall retain, for a minimum of three years, such justification, together with all quotations received, in permanent record form, which shall be available to school officials, the district board of education or charter school or renaissance school project board of trustees, and the Department for review and for audit.
Contingent upon approval of the district board of education or charter school or renaissance school project board of trustees in its adopted policy, the person(s) designated to purchase food supplies may purchase food supplies for any school cafeteria or home economics class in an amount not more than $ 500.00 in any month without soliciting quotations, provided a statement signed by the purchaser is filed with the invoice indicating the reason why quotations could not be obtained, and shall retain such record for at least seven years for review and for audit.

(e) Paragraphs (d)1 and 2 above shall not apply to food supplies purchased by advertising for bids.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.6 Mechanical bookkeeping systems

A district board of education or charter school or renaissance school project board of trustees or charter school board of trustees that contracts for electronic data processing bookkeeping services shall annually have an audit prepared, or obtain a copy of an audit of the internal controls of the service company or agency and maintain a copy of such audit on file. The audit shall be performed as prescribed by Statement of Standards for Attestation Engagements (SSAE) No. 16, Reporting on Controls at a Service Organization, as produced by the American Institute of Certified Public Accountants.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.7 Employee organizational dues

(a) Pursuant to N.J.S.A. 52:14-15.9e, any person holding employment with a district board of education or charter school or renaissance school project board of trustees in this State may have deductions made from this compensation for the purpose of paying dues to a bona fide employee organization.

(b) A district board of education or charter school or renaissance school project board of trustees shall require that employees desiring payroll deductions of organizational dues indicate, in writing, their choice of employee organization. An employee may withdraw written authorization in accordance with the procedures set forth at N.J.S.A. 52:14-15.9e.

(c) Any district board of education secretary or charter school or renaissance school project board of trustees' employee responsible for making organizational payroll deductions shall submit to the designated employee organization, at least on a monthly basis, all deductions made for such purposes.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.8 Petty cash fund

(a) Pursuant to N.J.S.A. 18A:19-13, a district board of education or charter school or renaissance school project board of trustees may establish policies for the annual allocation of a petty cash fund or funds for the purpose of making immediate payments of comparatively small amounts.

(b) A district board of education or charter school or renaissance school project board of trustees establishing a petty cash fund shall:

Indicate the amount(s) authorized for each fund;
Set the maximum expenditure that may be made from each fund;
Designate an employee who shall be responsible for the proper disposition of each fund;
Establish the minimum time period in which the designated person shall report to the district board of education or charter school or renaissance school project board of trustees on amounts disbursed from each fund; and

Approve a voucher prepared by the school business administrator/board secretary to replenish each fund.

(c) Each person designated pursuant to (b)3 above shall ensure that all unused petty cash funds are returned to the depository at the close of each fiscal year.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.9 Summer payment plan

In accordance with N.J.S.A. 18A:29-3, a district board of education or a charter school or renaissance school project board of trustees shall establish a summer payment plan to provide for withholding 10 percent of the salary of 10-month employees during the academic year, and shall ensure that the amount withheld earns interest and is available to the employee either at the end of the academic year or in installments prior to September 1.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.10 Budgetary controls and overexpenditure of funds

(a) A district board of education or charter school or renaissance school project board of trustees shall implement controls over budgeted revenues and appropriations as follows:

A district board of education or charter school or renaissance school project board of trustees shall approve an encumbrance or expenditure (liability or payment) only after ensuring that, when added to the total of existing encumbrances and expenditures, the encumbrance or expenditure does not exceed the amount appropriated by the district board of education or charter school or renaissance school project board of trustees in the applicable line item account established pursuant to the minimum chart of accounts referenced at N.J.A.C. 6A:23A-16.2(f)1.
A district board of education or charter school or renaissance school project board of trustees shall approve the recording of revenues only when measurable and available, in accordance with GAAP, unless otherwise authorized pursuant to N.J.S.A. 18A:22-44.2.a. State aid and tax levy approved in the budget certified for taxes shall be recorded in full as of July 1. State restricted and unrestricted grants shall be recorded in full upon signing and execution of the grant agreement or as otherwise directed by the grantor.
A district board of education or charter school or renaissance school project board of trustees that adopts an expanded chart of accounts, pursuant to N.J.A.C. 6A:23A-16.2(f)2, shall also adopt a policy concerning the controls over appropriations for line item accounts that exceed the minimum level of detail established pursuant to N.J.A.C. 6A:23A-16.2(f)1. A district board of education or charter school or renaissance school project board of trustees that fails to adopt such a policy shall apply the restrictions at (a)1 above to line item accounts that exceed the minimum level of detail.
A district board of education or charter school or renaissance school project board of trustees, unless otherwise restricted by law or Commissioner directive, may transfer amounts from line item accounts with available appropriation balances to permit the approval of encumbrances or expenditures otherwise prohibited at (a)1 and 3 above. A district board of education or charter school or renaissance school project board of trustees shall make the transfers prior to the approval of encumbrances or expenditures, and shall make all transfers in accordance with N.J.S.A. 18A:22-8.1, 18A:22-8.2, and N.J.S.A. 18A:7G-31, and N.J.A.C. 6A:23A-13.14.

(b) A district board of education or charter school or renaissance school project board of trustees incurring or projecting a year-end deficit on a budget basis in the general fund, capital projects fund, or debt service fund, or for a restricted project in the special revenue fund as designated pursuant to N.J.A.C. 6A:23A-16.2(c), shall proceed in the following manner:

The district board of education or charter school or renaissance school project board of trustees shall direct the chief school administrator to notify the executive county superintendent, or the Department in the case of charter schools or renaissance school projects, within two working days of the following:

i. The projected amount of the overexpenditure/deficit; and

ii. The preliminary findings of the conditions that caused the projected or actual overexpenditure/deficit.

The district board of education or charter school or renaissance school project board of trustees shall develop, and adopt at a public meeting, an acceptable corrective action plan to eliminate the projected/actual fund deficit within 30 days of the discovery of such fund deficit, but in no circumstance more than 30 days after completion of the ACFR for that year. The corrective action plan shall include:

i. The projected or actual amount of the fund deficit;

ii. A detailed accounting of the line items and the actual or projected deficit amount comprising the overall fund deficit;

iii. The conditions producing the deficit; and

iv. The corrective actions taken or to be taken to correct or prevent the deficit and dates or projected dates of such actions.

The executive county superintendent, or the Department in the case of charter schools, shall immediately notify the Commissioner, in writing, of a school district or charter school with an actual or projected fund deficit and the amount of said deficit.
The office of the executive county superintendent, or the Department in the case of charter schools and renaissance school projects, shall immediately investigate to determine if the corrective action being taken by the district board of education or charter school or renaissance school project board of trustees is sufficient to avoid a fund deficit or correct an actual fund deficit. If necessary, the office of the executive county superintendent or the Department, shall assist the district board of education or charter school or renaissance school project board of trustees in determining what further corrective action can be taken, or request assistance from the Office of School Finance.
The executive county superintendent, or the Department in the case of charter schools or renaissance school projects, shall immediately notify the Commissioner, in writing, should it appear that a fund deficit has occurred or may occur and the district board of education or charter school or renaissance school project board of trustees is not taking adequate action to avoid the overexpenditure/deficit.

(c) Each district board of education or charter school or renaissance school project board of trustees shall ensure the following occurs at each of its regular meetings:

The school business administrator/board secretary shall present to the district board of education or charter school or renaissance school project board of trustees a report showing all transfers between line item accounts, as well as appropriations, adjustments to appropriations, encumbrances, and expenditures for each line item account shown on the budget form prepared in accordance with N.J.S.A. 18A:22-8. This report shall be in addition to the report required pursuant to N.J.S.A. 18A:17-9.
The school business administrator/board secretary shall report to the district board of education or charter school or renaissance school project board of trustees any change(s) in anticipated revenue amounts and revenue sources.
A district board of education or charter school or renaissance school project board of trustees shall obtain a certification from the school business administrator/board secretary each month stating that the total of encumbrances and expenditures for each line item account do not exceed the line item appropriation in violation of (a) above.

i. If a violation has occurred, the district board of education or charter school or renaissance school project board of trustees shall, by resolution, approve by a two-thirds affirmative vote of the authorized membership of the board, pursuant to N.J.S.A. 18A:22-8.1, to either transfer amounts among line items if no Department approvals are required pursuant to N.J.A.C. 6A:23A-13, or to direct the school business administrator/board secretary, or the chief school administrator, or charter school or renaissance school project lead person, as appropriate, to request Department approval pursuant to N.J.A.C. 6A:23A-13 to transfer amounts among line items and/or from undesignated fund balance or other unbudgeted or underbudgeted revenue to eliminate the line item account deficit(s). If the latter option is selected, the appropriate official shall provide the Department with a detailed report of approvals granted and the subsequent amounts transferred into and out of the affected line item account(s), undesignated fund balance, or other unbudgeted or underbudgeted revenue account for the board's ratification at the next regularly scheduled meeting.

ii. As applicable, the school business administrator/board secretary shall reflect in the minutes of the board, the certification or a detailed account of all transfers and the board's ratification, when this option is selected. The district board of education or charter school or renaissance school project board of trustees shall make such transfers in accordance with this subchapter, N.J.A.C. 6A:23A-13 and 14, and N.J.S.A. 18A:22-8.1, 18A:22-8.2, and N.J.S.A. 18A:7G-31.

A district board of education or charter school or renaissance school project board of trustees, after review of the school business administrator/board secretary's and treasurer's monthly financial reports and upon consultation with the appropriate school or school district officials, shall certify in the minutes of the board each month that no fund has been overexpended in violation of (b) above, and that sufficient funds are available to meet the district board of education's or charter school or renaissance school project board of trustee's financial obligations for the remainder of the fiscal year.

i. If the district board of education or charter school or renaissance school project board of trustees is unable to make such a certification, the board shall direct the chief school administrator or charter or renaissance school lead person to initiate the steps at (b) above and shall reflect such directive in the minutes of the board.

ii. If the district board of education or charter school or renaissance school project board of trustees is able to make such certification, but one or more members of the board votes no to the certification, the board shall provide, to the executive county superintendent, the board vote, names(s) of the member(s) who voted no, and the reason for the no vote.

iii. Within 60 days of the month's end, or later upon approval of the executive county superintendent, district boards of education or charter school or renaissance school project boards of trustees selected at the Commissioner's discretion, and district boards of education subject to N.J.S.A. 18A:7F-6.b that satisfy less than 80 percent of indicators in the fiscal management section of the district performance review located in the Appendix to N.J.A.C. 6A:30, shall provide to the executive county superintendent a copy of the school business administrator/board secretary's and treasurer's monthly financial reports as submitted to the district board of education or charter school or renaissance school project board of trustees pursuant to (c)1 above and N.J.S.A. 18A:17-9 and 18A:17-36.

iv. Within 60 days of the December month-end, or later upon approval of the executive county superintendent, every district board of education and charter school or renaissance school project board of trustees shall provide to the executive county superintendent a copy of the school business administrator/board secretary's and treasurer's monthly financial reports submitted to the district board of education pursuant to (c)1 above and N.J.S.A. 18A:17-9 and 18A:17-36.

v. Within 60 days of the September, December, and March month end, every charter school or renaissance school project board of trustees shall provide to the executive county superintendent, a copy of the monthly financial reports submitted to the charter school or renaissance school project board of trustees pursuant to (c)1 above and N.J.S.A. 18A:17-9 and 18A:17-36.

vi. Any school business administrator/board secretary who is more than two months behind in submitting to a district board of education or charter school or renaissance school project board of trustees the report required pursuant to N.J.S.A. 18A:17-9 shall immediately report this noncompliance to the executive county superintendent.

(d) The executive county superintendent shall report to the Commissioner by August 15, all fund overexpenditures as shown on the June report of the school business administrator/board secretary filed pursuant to N.J.S.A. 18A:17-10.

A district board of education or charter school or renaissance school project board of trustees shall immediately develop and adopt an acceptable remedial plan to address any fund(s) deficits consistent with (b) above.
If necessary, the executive county superintendent shall assist the district board of education or charter school or renaissance school project board of trustees in determining what further action can be taken, or request assistance from the Office of School Finance.
The executive county superintendent shall immediately notify the Commissioner, in writing, if it appears the district board of education or charter school or renaissance school project board of trustees is not taking adequate action to remediate the fund(s) deficit.

(e) A district board of education or charter school or renaissance school project board of trustees that fails to develop a corrective action plan or fails to take adequate action to avoid or remediate an overexpenditure or fund deficit may be subject to the following:

Comprehensive review pursuant to N.J.A.C. 6A:30-3, improvement activities pursuant to N.J.A.C. 6A:30-5, or intervention activities pursuant to N.J.A.C. 6A:30-6, as deemed warranted by the Commissioner.
Beginning in the second year following the year in which the projected overexpenditure or fund deficit occurred, a reduction in a district board of education or charter school board of trustees cash payment of State aid by the percentage of the sum of the deficits or projected deficit in any fund to its adequacy budget calculated pursuant to N.J.S.A. 18A:7F-51, or, in the case of a charter school, a reduction in the charter school aid. Reductions in State aid shall be made in the following descending order:

i. Equalization aid;

ii. Adjustment aid;

iii. Transportation aid;

iv. Security categorical aid;

v. Special education categorical aid;

vi. Extraordinary special education cost aid; and

vii. Preschool education aid.

A district board of education or charter school or renaissance school project board of trustees shall apply deficits incurred for State and Federal grant projects, enterprise funds such as the school lunch fund, trust and agency funds, and student activity funds, to the balance or deficit of the general fund when such overexpended projects and funds should have been balanced by expenditures from, or transfers to, that fund.

(f) If the Commissioner determines that the failure to develop a corrective action plan or take adequate action to avoid or address an overexpenditure or fund deficit impacts upon the school district's ability to meet its goals and objectives, the Commissioner may recommend to the State Board of Education that action be taken pursuant to (b) above. In the case of a charter school, the Commissioner may revoke the charter, pursuant to N.J.S.A. 18A:36A-17.

History

Amended by R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:23-2.11 and amended by R.2006 d.361, effective 10/2/2006.
See: 38 N.J.R. 2333(a), 38 N.J.R. 4178(b).
Rewrote the section. Former N.J.A.C. 6A:23-2.12, Debt service fund balance, recodified to N.J.A.C. 6A:23-2.15.
Recodified from N.J.A.C. 6A:23-2.12 and amended by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).
Rewrote (b); in (c)3i, substituted "N.J.A.C. 6A:23A-13" for "N.J.A.C. 6A:23-2.11" twice; in (c)4ii through (c)4vi, (d)2 and (d)3, inserted "executive" throughout; in (c)4iii through (c)4v, substituted "60" for "30"; in (d) 1, inserted "consistent with the provisions of (b) above"; rewrote (e); in (f), substituted "in order" for "under (b), (c) or (d) above" and "action be taken pursuant to (b) above as deemed warranted by the Commissioner" for "the school district's certification be rescinded pursuant to N.J.A.C. 6A:30-1", and inserted "upon".
Amended by R.2017 d.088, effective 5/1/2017.
See: 48 N.J.R. 2719(a), 49 N.J.R. 1079(a).
Amended by R.2017 d.147, effective 8/7/2017.
See: 49 N.J.R. 357(a), 49 N.J.R. 2521(a).
Rewrote (b) through (d).
Administrative correction.
See: 50 N.J.R. 1715(a).

N.J. Admin. Code § 6A:23A-16.11 Internal service funds

(a) Internal service funds are used to account for and report any activity that provides goods and services from one department or office to other departments or offices of the district board of education or charter school or renaissance school project board of trustees, or to other district boards of education, boards of trustees, and governmental units, on a cost-reimbursement basis. Internal service funds are cost accounting and distribution entities and are intended to recover their costs annually or over a reasonable time period.

(b) A district board of education or charter school or renaissance school project board of trustees providing a shared service under a shared service agreement with another district board of education, board of trustees, or external entity shall account for the shared service costs in an internal service fund in accordance with GAAP.

The district board of education or charter school or renaissance school project board of trustees providing the shared service shall allocate the costs on a user-charge basis to all participating entities on an annual basis at a minimum.

i. A district board of education or charter school or renaissance school project board of trustees that is receiving the services shall report user charges in the applicable line item account for the goods or services received.

ii. A district board of education or charter school or renaissance school project board of trustees shall report as revenues the sales and purchases of goods and services for a price approximating their external exchange value ("Services Provided to Other Funds") in provider/seller funds.

The district board of education or charter school or renaissance school project board of trustees shall ensure that the shared service agreement includes an agreed-upon mechanism for the use and/or distribution of any unexpended balance(s).
The district board of education or charter school or renaissance school project board of trustees shall evaluate annually any unexpended balance(s) to determine the amount of monies, if any, due back to the shared service entities.

(c) A district board of education or charter school or renaissance school project board of trustees providing a shared service within the school district may allocate costs on a user charge or other basis.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.12 Student activity funds

(a) Student activity funds, as defined by GAAP, are maintained and reported in the ACFR as agency funds. Revenue and expenditures generated by student groups for specific uses, such as academic clubs and senior class trips, are reported as student activity funds. A district board of education or charter school or renaissance school project board of trustees shall establish student activity funds by resolution. Such funds shall be maintained under the jurisdiction of the board and supervision of the school business administrator/board secretary, who may appoint a designee for purposes of administering the funds. The district board of education or charter school or renaissance school project board of trustees shall establish a policy that includes the following:

Purpose of the student activity fund and a timeline for the use of the funds generated; and
Methodology for distribution of funds remaining subsequent to completion of the purpose for which the funds were generated.

(b) Each district board of education or charter school or renaissance school project board of trustees shall maintain student activity funds in an interest-bearing account separate from all other funds, and shall disburse interest on this account(s) to each student activity fund in proportion to the balances on deposit for each activity.

(c) Each district board of education or charter school or renaissance school project board of trustees shall ensure, through adoption of a formal board policy, that all financial and bookkeeping controls are adequate to ensure appropriate fiscal accountability and sound business practices. This policy shall include the following minimum requirements:

Receipts shall include the date, sources, purpose, and amount. The district board of education or charter school or renaissance school project board of trustees shall promptly deposit all receipts in the bank, and shall ensure that all deposits agree with the entries in the cash receipt book and are traceable to the actual receipts or groups of receipts.

Disbursements shall be recorded chronologically showing date, vendor, check number, purpose, and amount. The district board of education or charter school or renaissance school project board of trustees shall make all disbursements by check bearing a minimum of two authorized signatures, and shall support all disbursements by a claim, bill, or written order to persons supervising the fund.
Book balances shall be reconciled with bank balances. The district board of education or charter school or renaissance school project board of trustees shall retain canceled checks and bank statements for examination by the licensed public school accountant as part of the annual audit required pursuant to N.J.S.A. 18A:23-1 et seq., and N.J.A.C. 6A:23A-16.2(i).
Student activity funds shall be classified by school.
Borrowing from the student activity accounts shall be prohibited.

(d) The district board of education or charter school or renaissance school project board of trustees shall not be responsible for the protection of and the accounting for funds collected by any teacher or pupil for an outside organization, and shall not approve such funds for deposit in a school activity account.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.13 School store business practices

A district board of education or charter school or renaissance school project board of trustees, or any organization under its auspices, shall comply with sales tax rules established by the New Jersey Department of the Treasury's Division of Taxation when operating a school store or offering goods for sale.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.14 Dismissal or reassignment of a school business administrator

(a) To protect the integrity of the school business administrator office, a district board of education or charter school or renaissance school project board of trustees shall submit to the executive county superintendent, a written justification for the non-renewal, dismissal for cause, reassignment, or elimination of the position of a school business administrator, or the individual duly certified and performing the duties of a school business administrator, within 48 hours of the notification to the affected employee by the district board of education or charter school or renaissance school project board of trustees.

(b) The affected employee may request a meeting with the executive county superintendent to discuss the justification submitted by the district board of education or charter school or renaissance school project board of trustees. The executive county superintendent shall initiate any follow-up action as warranted on issues under the Department's jurisdiction.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-16.15 Appeals

(a) Decisions of the Commissioner issued pursuant to this chapter may be appealed to the Appellate Division of the Superior Court.

(b) Decisions of the Assistant Commissioner and executive county superintendent issued pursuant to this chapter may be appealed pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

History

New Rule, R.2006 d.361, effective 10/2/2006.
See: 38 N.J.R. 2333(a), 38 N.J.R. 4178(b).
Recodified from N.J.A.C. 6A:23-2.20 and amended by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).
In (a), substituted "Appellate Division of the Superior Court" for "State Board of Education pursuant to N.J.A.C. 6A:4, Appeals"; and in (b), inserted "executive".

Subchapter 17 TUITION PUBLIC SCHOOLS

N.J. Admin. Code § 6A:23A-17.1 Method of determining tuition rates for regular public schools

(a) For the purposes of this subchapter, a district board of education does not include an educational services commission or jointure commission.

(b) The term "actual cost per pupil" for determining the tuition rate(s) for a given year pursuant to N.J.S.A. 18A:38-19 and 18A:46-21 means the local cost per student in average daily enrollment, based upon audited expenditures for that year for the purpose for which the tuition rate is being determined and consistent with the grade/program categories at N.J.S.A. 18A:7F-50 and 18A:7F-55, that is, regular education classes: preschool and kindergarten, grades one through five, grades six through eight, and grades nine through 12; and special class programs as set forth at N.J.A.C. 6A:14-4.7. School districts that receive preschool education aid shall determine an actual cost per student only for kindergarten students. Pursuant to N.J.A.C. 6A:13A-2.1, school districts that receive preschool education aid and charge tuition to another school district and/or parent or guardian, as permitted pursuant to N.J.A.C. 6A:13A, may charge any amount, not to exceed the per pupil amount established pursuant to N.J.S.A. 18A:7F-54.

The receiving district board of education shall include in its calculation all expenditures for each purpose except Federal and State special revenue fund expenditures and expenditures specifically excluded pursuant to (e)5 below.

(c) The receiving district board of education shall obtain certification of its "actual cost per pupil" for each tuition category for a given year from the Commissioner based upon either:

A report prepared and submitted annually by the receiving district board of education indicating the actual amounts of expenditures and adjustments, whenever practicable, or amounts equitably allocated and supported by documentation for each applicable item in the grade/program category for which the tuition rate is required, according to the prescribed bookkeeping and accounting system; or
A report prepared annually by the Commissioner for each receiving district board of education. This report establishes the "actual cost per pupil" for each tuition category using the following:

i. Expenditures reflected in the receiving district board of education's annual independent audit;

ii. Supplemental data for average daily enrollment and items of expenditure at (e)2 below submitted by category by the receiving district board of education on a form prescribed by the Commissioner; and

iii. Criteria at (e) below.

(d) A receiving district board of education that submits tuition reports to the Commissioner pursuant to (c)1 above and seeks to change the certification method to the method at (c)2 above shall submit a written request to the Commissioner for review and approval and shall indicate the reason(s) for the change. A district board of education that determines to change the certification method shall notify the executive county superintendent and the Office of School Finance prior to March 1 preceding the September of the school year for which the tentative tuition rate is being determined.

(e) A receiving district board of education approved to use the method at (c)1 above shall determine the share of each item of expenditure for each grade/program category on the report at (c)1 above on a pro rata or actual basis as follows:

The actual expenditures for each category as reflected in the receiving district board of education's annual independent audit for the following items:

i. Teachers' salaries and equipment for regular education classes; and

ii. Direct instructional expenditures for salaries, equipment and other expenses for special education classes.

Expenditures submitted by category on the supplemental data report and determined on either an actual basis or an equitable basis of allocation, such as square footage or average daily enrollment selected by the receiving district board of education and supported by documentation for the following items:

i. Rental of land and buildings;

ii. Interest on lease-purchase agreements;

iii. School-sponsored co-curricular activities, athletics, and other instructional programs of the general fund;

iv. Career and technical education programs;

v. Facilities acquisition and construction services included in the budget approved by the executive county superintendent and certified for taxes;

vi. Building use charges as defined at (e)6 and 7 below;

vii. Other support services, special education;

viii. Related services; and

ix. Benefits for special programs.

Unallocated expenditures for general education class categories as reflected in the receiving district board of education's annual independent audit and allocated in proportion to the average daily enrollment in the grade categories for general education classes for the following items:

i. Other salaries for instruction such as teaching assistants and aides, as well as other staff providing, or assisting directly in, the instructional program;

ii. Textbooks;

iii. Equipment;

iv. Teaching supplies;

v. Purchased professional educational services;

vi. Purchased technical educational services;

vii. Other support services, general education;

viii. Other direct expenses of general education classes;

ix. Direct instructional expenditures for salaries, other expenses, and equipment for basic skills remedial programs; and

x. Employee benefits.

Expenditures, including related employee benefits and equipment, as reflected in the receiving district board of education's annual independent audit and allocated in proportion to the average daily enrollment in each category for all categories at (b) above for the following items:

i. General administration, central services, administrative information technology, and business and other support services;

ii. Improvement of instructional services;

iii. Staff training services;

iv. Educational media services, school library;

v. School administration;

vi. Attendance, social work, and health;

vii. Contracted transportation or transportation provided by district board of education owned vehicles for curricular activities such as field trips, athletic trips, and other trips that are part of the instructional program;

viii. Operation and maintenance of plant expenditures;

ix. Fixed charges, including unallocated employee benefit costs for retirement and Social Security contributions except Teacher's Pension and Annuity Fund (TPAF) contributions, insurance and judgments, including unemployment compensation (UCC), interest on current loans, and other fixed charges except rental of land and buildings and interest on lease-purchase agreements determined pursuant to (e)2 above, and principal on lease-purchase agreements and tuition that are excluded pursuant to (e)5 below;

x. Food service expenditures of the general fund;

xi. Direct instructional expenditures for salaries, equipment, and other expenses for bilingual education programs and for home instruction;

xii. Programs for before/after school, summer school, alternative education, and other supplemental at-risk programs;

xiii. Energy, including natural gas, gasoline, and oil; and

xiv. Security, care and upkeep of grounds, custodial services, and required maintenance of school facilities.

Expenditures that are excluded from the actual cost per pupil for tuition purposes for the following items:

i. Transportation to and from school that is paid by the resident district board of education;

ii. Employee retirement and Social Security contributions for TPAF members that are fully funded by the State;

iii. Principal on lease-purchase agreements;

iv. Tuition;

v. Community services;

vi. Resource rooms, which are determined pursuant to (e)9 below and permitted as a separate charge over and above tuition for general education classes;

vii. Accredited adult education programs and nonaccredited adult and evening programs; and

viii. Extraordinary services provided to students with disabilities for which a district board of education may bill directly.

Building use charge determined as follows:

i. Divide the amount of debt service State support received by the debt service paid for the school year to determine the ratio of State support;

ii. Multiply the debt service interest charges paid on debt for the buildings in which the program is located by the ratio of State support obtained at (e)6i above;

iii. Subtract the amount obtained at (e)6ii above from the debt service interest charge paid on debt for the buildings in which the program is located; and

iv. Distribute the amount obtained at (e)6iii above in accordance with (e)2 above.

Special building use charge determined as follows:

i. Whenever a receiving district board of education receives more than 50 percent of the average daily enrollment in a program for which a tuition rate is being determined, the receiving district board of education may include, in accordance with (e)2 above, the amount expended for principal and interest on major repairs and major renewals of furniture, equipment, and apparatus for the building in which the program is located, provided:

(1) Such major repairs or major renewals were funded by the issuance of bonds, pursuant to N.J.S.A. 18A:21-1;

(2) The receiving district board of education consulted with each sending district board of education having more than 10 percent of the average daily enrollment in the program for which the tuition rate is being determined prior to taking any action in accordance with N.J.S.A. 18A:24-10 to authorize the issuance of bonds; and

(3) The majority of district boards of education with more than 10 percent of the enrollment in the program passed a resolution in support of the receiving district board of education's determination to issue such bonds or the Commissioner, after a conference, approved the proposal for the issuance of such bonds.

ii. A receiving district board of education for which this section is applicable may include, in accordance with (e)2 above, the entire rental on a site or school building acquired by a lease-purchase agreement, pursuant to N.J.S.A. 18A:20-4.2, provided:

(1) The receiving district board of education consulted with each sending district board of education having more than 10 percent of the average daily enrollment in the program for which the tuition rate is being determined prior to entering into the lease-purchase agreement; and

(2) Each sending district board of education with more than 10 percent of the enrollment in the program passed a resolution in support of the receiving district board of education's determination to enter into a lease-purchase agreement or the Commissioner, after a conference, approved the proposal to enter into a lease-purchase agreement.

iii. A receiving district board of education for which this section is applicable may include, in accordance with (e)2 above, a facilities acquisition and construction service charge, which is determined by the straight line amortization over three years of that part of the total expenditure for facilities acquisition and construction services that is over and above the amount stated in the budget certified for taxes and used at (e)2v above.

In addition to the tuition charged for each grade category, a receiving district board of education may charge, for students receiving services in a resource room, an additional amount up to the actual direct instructional cost per pupil for such services calculated on an hourly basis (an example of the calculation is contained in Policy Bulletin: 100-1 issued by and available from the Division of Finance and Business Services, Department of Education, PO Box 500, Trenton, New Jersey 08625-0500).

(f) The receiving district board of education and the sending district board of education shall establish, by written contractual agreement, a tentative tuition charge for budgetary purposes. The tentative tuition charge shall equal an amount not in excess of the receiving district board of education's "estimated cost per pupil" for the ensuing school year for the purpose or purposes for which tuition is being charged, multiplied by the "estimated average daily enrollment of students" expected to be received during the ensuing school year. The written contractual agreement shall be on a Commissioner-prepared form.

"Estimated cost per pupil" shall be determined by the receiving district board of education using the appropriate supporting schedule in its annual budget for the ensuing year. In lieu of completing the form at (c)1 above, a receiving district board of education that has elected to use (c)1 above to certify actual cost per pupil may set an estimated cost per pupil up to an amount that shall be determined by multiplying the most recent year's certified cost per pupil by one plus the Consumer Price Index (CPI) as defined at N.J.S.A. 18A:7F-45 for the budget year or 2.5 percent, whichever is greater. If this option is selected and more than one fiscal year has elapsed since the most recent cost per student certification, the receiving district board of education shall further increase the estimated cost per pupil by multiplying the above by the sum of one plus the CPI for each additional year.

i. For any given fiscal year, the method used to certify the final certified tuition rate shall be consistent with the method used to establish the tentative tuition rate at (f) above.

"Estimated average daily enrollment" for the purpose of calculating a tentative tuition charge shall be determined as follows:

i. A receiving district board of education shall project the number of students in each tuition category expected to be received consistent with the growth in average daily enrollment (ADE) taken from the three most recent school register summary reports prior to the year for which the budget is being prepared.

ii. Estimated average daily enrollment (EADE) equals Y1x(1+G)<2> where the growth rate G = 0.5x(Y1-Y3)/Y3, where G shall not exceed +/-10 percent, Y1 is the ADE two years prior to the year for which the tuition is being estimated, and Y3 is the ADE four years prior to the year for which the tuition is being estimated. For the purposes of the tentative tuition contract, a receiving district board of education shall apply the same growth rate calculation (as noted above) to project the number of students to be received from each sending district board of education.

The sending district board of education and the receiving district board of education shall enter into a written contractual agreement for tuition for the ensuing school year, except for a contractual agreement for a student enrolled in a special education class, no later than seven days prior to the date on which the proposed budget for the ensuing school year is required to be submitted to the executive county superintendent. The contractual agreement shall require the sending district board of education to pay 10 percent of the tentative tuition charge no later than the first of each month from September through June of the contract year. The contractual agreement, except for a contractual agreement for a student enrolled in a special education class, shall require all adjustments resulting from a difference in cost or in the number of students sent to be made only during the second school year following the contract year. All contractual agreements shall contain a payment schedule for all adjustments that may be necessary.
The sending district board of education shall notify, in writing, the receiving district board of education of the estimated average daily enrollment of students in each tuition category expected to be sent during the ensuing school year no later than the preceding December 15. The receiving district board of education shall notify, in writing, the sending district board of education of the estimated cost per pupil in each tuition category for the ensuing school year and the tentative tuition charge no later than the preceding February 4. The receiving district board of education shall submit to the sending district board of education, on a form prepared by the Commissioner, a copy of its calculations to determine the estimated cost per pupil in each tuition category for the ensuing school year no later than the preceding February 4.
The executive county superintendent in the county in which the receiving district board of education is located shall review any unique circumstances or variations in methodology and mediate all disputes that arise from the determination of tentative tuition charges, including challenges to the estimated average daily enrollment counts generated using the formula at (f)2 above. The review shall include examination of the following documents:

i. Annual budgets, including supporting documents;

ii. Application for State School Aid (ASSA) reports;

iii. School register summary reports;

iv. Tuition contracts; and

v. Any other information deemed necessary.

If the Commissioner later determines that the tentative tuition charge established by written contractual agreement, except for a contractual agreement for a student enrolled in a special education class, was greater than the actual cost per student during the school year multiplied by the actual ADE received, the receiving district board of education shall return to the sending district board of education in the second school year following the contract year the amount by which the tentative charge exceeded the actual charge as determined above, or, at the option of the receiving district board of education, shall credit the sending district board of education with the excess amount. The receiving district board of education shall make such adjustment for a contractual agreement for a student enrolled in a special education class no later than the end of the second school year following the contract year.
If the Commissioner later determines that the tentative charge established by written contractual agreement, except for a contractual agreement for a student enrolled in a special education class, was less than the actual cost per pupil during the school year multiplied by the actual average daily enrollment received, the receiving district board of education may charge the sending district board of education all or part of the amount owed by the sending district board of education, to be paid during the second school year following the school year for which the tentative charge was paid. Such adjustment for a contractual agreement for a student enrolled in a special education class shall be made no later than the end of the second school year following the contract year. The executive county superintendent of the county in which the sending district board of education is located may approve the payment of the additional charge over another period, if the sending district board of education can demonstrate that payment during the second school year following the school year for which the tentative charge was paid would cause a hardship.
If, at the end of the contract year, a sending or receiving district board of education anticipates a tuition adjustment will be required in the second year following the contract year, the district board of education may restrict general fund balance of up to 10 percent of the estimated tuition cost defined as estimated cost per pupil multiplied by the estimated average daily enrollment in the contract year in a reserve for tuition adjustments. The district board of education resolution shall identify an exact dollar amount to be reserved and shall be adopted on or prior to June 30. In such case, the district board of education shall:

i. Make full appropriation of the legal reserve for the tuition adjustment in the second year following the contract year; and

ii. Transfer to the general fund at least annually, by district board of education resolution, any interest earned on the investments in a tuition reserve account. The district board of education may make the transfer on a more frequent basis.

(g) The receiving district board of education shall use Commissioner-prepared forms for certification of the "actual cost per pupil" for each tuition category according to the rules in this section, for contracts, and for establishing the estimated cost per pupil for each tuition category for the ensuing school year.

(h) In any year in which the receiving district board of education can prove, to the Commissioner's satisfaction, that the charge for the use of the school facilities pursuant to (e)6 above is not adequate, the Commissioner may approve an additional charge in accordance with (e)7 above.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-17.2 Method of determining tuition rate in a new district board of education program

(a) During the first year of operation of a district board of education program that is to receive students, the receiving district board of education shall set the estimated cost per pupil in each program for which the tuition rate is required and shall base the estimate on budgeted costs. The receiving district board of education shall submit the established estimated cost(s) per pupil to the Commissioner for approval or disapproval no later than January 1 preceding the beginning of the first year of operation.

(b) If the Commissioner approves the estimated cost(s) per pupil, each sending district board of education shall pay tentative tuition charges based upon these estimated costs per student during the first year of operation.

(c) If the Commissioner determines, after the first year of operation, that the tentative tuition charge was greater than the actual cost, the receiving district board of education shall return to each sending district board of education in the second school year following the first year of operation, the amount by which the tentative charge exceeded the actual cost, or, at the option of the receiving district board of education, shall credit each sending district board of education with the amount by which the tentative tuition charge exceeded the actual cost.

(d) If the Commissioner determines, after the first year of operation, that the tentative tuition charge was less than the actual cost, the receiving district board of education may charge the sending district board of education all or part of the amount owed to be paid during the second school year following the first year of operation.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-17.3 County vocational school districts funding; public school district tuition payments, post-secondary vocational-technical education fund sources

(a) The board of education of any county vocational school district (CVSD) may receive, but not be limited to, the following general fund revenue and fund sources for programs and services provided to students of school districts within or outside the county:

State aid received pursuant to N.J.S.A. 18A:7F-43 et seq. and other sources of unrestricted State aid;
Funds as may be appropriated by the county pursuant to N.J.S.A. 18A:54-29.2 and designated for the programs and services provided to students of school districts within the county;
Tuition from the sending school districts in which the pupils attending the CVSD reside for a sum not to exceed the actual cost per pupil as determined for the applicable program as follows:

i. Tuition rates shall be calculated separately for the following:

(1) One tuition rate for regular vocational-technical programs for students sent by school districts; and

(2) One tuition rate for all learning disability program categories for special education programs provided during the regular school year for students sent by school districts;

A nonresident fee in addition to tuition for pupils of sending school districts who are not residents of the county whenever funds have been appropriated by the county.

i. The fee shall not exceed the amount of the county's per pupil appropriation to the CVSD, pursuant to N.J.S.A. 18A:54-20.1.

ii. The maximum fee per nonresident student shall be calculated by dividing the total county appropriation to the CVSD, pursuant to N.J.S.A. 18A:54-29.2 and (a)2 above, by the average daily enrollment (ADE) of students who are residents of the county and are sent on a tuition basis to the CVSD by the school districts of the county in which the CVSD is located; and

Reimbursement for any extraordinary special education services provided to an individual student from the student's resident school district. The cost of extraordinary special education services shall not be included in the actual cost per pupil for purposes of determining tuition rates for special education programs.

(b) The board of education of any CVSD may receive, but not be limited to, the following revenue and fund sources for post-secondary vocational-technical programs provided to post-secondary students who reside within or outside the county:

Funds as may be appropriated by the county pursuant to N.J.S.A. 18A:54-29.2 and designated for post-secondary vocational-technical programs for post-secondary students within the county; and
Amounts charged pursuant to N.J.S.A. 18A:54-20.1 and 23.4 to each county of residence for post-secondary vocational-technical students who are not residents of the county as follows:

i. $ 200.00 per each nonresident post-secondary vocational-technical student to be applied to the county's share of the CVSD's capital expenses; and

ii. The average county share of budgeted operating cost per full-time post-secondary vocational-technical student who is a county resident as certified by the Commissioner; provided, however, that the said CVSD board may, with the approval of the Commissioner, charge and collect a higher annual amount(s) when high-cost or high-priority programs are provided.

(1) The average county share of budgeted operating cost per full-time post-secondary vocational-technical student who is a county resident shall be calculated by dividing the county contribution, pursuant to N.J.S.A. 18A:54-29.2 and (b)1 above, by the average daily enrollment (ADE) of post-secondary vocational-technical students who are residents of the county.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-17.4 Method of determining tuition rates for county vocational school districts

(a) The term "actual cost per pupil" for determining the tuition rate or rates for a given year referred to at N.J.S.A. 18A:46-21 and 18A:54-20.1 means the adjusted net cost per pupil in average daily enrollment, based upon audited expenditures for that year for the purpose for which the tuition rate is being determined.

The CVSD board of education shall determine tuition rates for each applicable program category in accordance with N.J.A.C. 6A:23A-17.3(a)3.
The CVSD board of education shall adjust the "actual cost per pupil" for all tuition categories to reflect net costs plus a reasonable surplus in accordance with (f) below.

(b) Each CVSD board of education will receive from the Commissioner certification of the "actual cost per pupil" for each tuition category for a given year utilizing the following:

Revenues, expenditures, and fund balances reflected in the CVSD's annual independent audit; and
Average daily enrollment data by category submitted by the CVSD on a Commissioner-prescribed form.

(c) The maximum tuition rate per pupil for each education program shall be sufficient to enable the CVSD to cover the net cost of said program.

(d) The maximum tuition rate per pupil for each education program for sending school districts shall be based on the net cost calculated by reducing the amount of general fund expenditures by the following:

State aid received pursuant to N.J.S.A. 18A:7F-43 et seq. and other sources of State aid, except for restricted State grants;

All other revenue sources other than tuition (such as the county contribution, nonresident fees, Medicaid reimbursements, and miscellaneous revenue) available to fund the education program for sending school districts;
All direct and indirect expenditures that are not associated with the education program for sending school districts such as post-secondary vocational-technical programs;
All expenditures associated with each education program for sending school districts that are funded through sources other than the tuition rate such as extraordinary special education costs, which are separately reimbursed for individual students;
Expenditures for Teachers' Pension and Annuity Fund (TPAF) pension and Social Security; and
Refunds of prior-year tuition adjustments made to sending school districts.

(e) The Commissioner shall develop and disseminate workpapers for the purpose of allocating revenue, other fund sources, and expenditures amongst the various programs and services within the general fund.

With the exception of the regular vocational-technical education program, the actual programs and/or services will vary by individual CVSD.
The purpose of this allocation shall be to isolate the revenue, other fund sources, and expenditures related to the tuition for each regular and special vocational-technical education program by segregating programs and services that are not related to those programs, or are related but funded through sources other than tuition.
Expenditures shall be allocated on a direct and indirect basis amongst the various general fund programs and services when funded through sources other than tuition, such as extraordinary special education services.

i. Direct instructional expenditures for salaries and related benefits, textbooks, teaching supplies, purchased services, equipment, and other expenses for the regular and special education programs, as applicable, shall be allocated on an actual basis.

ii. When allocating indirect expenditures amongst major programs, such as regular vocational-technical education, special vocational-technical education, post-secondary vocational-technical education, and other programs, indirect expenditures, except expenditures for TPAF pension and Social Security, shall be allocated amongst the various programs based on the percent of direct expenditures in each program to the total of all direct expenditures since there is no common average daily enrollment (ADE) equivalent among all programs.

iii. Services provided as part of a program, such as extraordinary special education services, shall not bear part of the indirect expenditures but shall include only direct instruction and support services expenditures.

iv. When allocating indirect expenditures between the regular and special education program categories of the regular school year, indirect expenditures, except expenditures for TPAF pension and Social Security, shall be allocated in proportion to the average daily enrollment.

(f) The CVSD board of education shall adjust, as appropriate, its net cost determined for each tuition category at (d) above to include in the certified maximum tuition rate for each category an amount that will permit the CVSD board of education to maintain, at its discretion for the year the tuition rate applies, an ending general fund unassigned balance not to exceed the amount permitted pursuant to N.J.S.A. 18A:7F-7.

If the CVSD board of education's general fund budget for the prebudget year is $ 100 million or less and the ending general fund free balance is less than the greater of six percent of its general fund budget or $ 250,000 for the year the tuition rate applies, the CVSD board of education shall allocate the difference amongst the tuition categories in proportion to the average daily enrollment for each category. If the amount of the general fund budget for the prebudget year exceeds $ 100 million, and the undesignated general fund balance is less than the sum of six percent of the first $ 100 million and three percent of the amount which exceeds $ 100 million, the CVSD board of education shall allocate the difference amongst the tuition categories in proportion to the average daily enrollment for each category.

If the CVSD board of education's general fund budget for the prebudget year is $ 100 million or less and the ending general fund free balance is equal to or greater than the greater of $ 250,000 or six percent of its general fund budget for the year the tuition rate applies, the CVSD board of education shall not add an amount to the net cost of any tuition category. If the amount of the general fund budget for the prebudget year exceeds $ 100 million, and the undesignated general fund balance is in excess of the sum of six percent of the first $ 100 million and three percent of the amount that exceeds $ 100 million, the CVSD board of education shall not add an amount to the net cost of any tuition category.

(g) The CVSD board of education shall determine the tuition for each program category at the same rate per student for each sending district board of education whether within or outside the county pursuant to N.J.S.A. 18A:54-20.1.

(h) Calculation of tentative tuition rates, execution of written contractual agreements, payment of tuition (including the nonresident fee), and adjustments to tentative tuition charges upon Commissioner certification of actual tuition rates shall be made by the CVSD board of education in accordance with N.J.A.C. 6A:23A-17.1(f), except that the CVSD board of education shall base the tentative tuition rates on its estimated adjusted net cost per pupil consistent with the calculation at (d), (e), and (f) above.

(i) The CVSD board of education shall use the "actual cost per pupil" certification forms, contract forms, and tentative tuition rate forms as prepared and provided by the Commissioner.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-17.5 County special services school districts funding; budget limitations; tuition payments

(a) The board of education of any county special services school district may receive, but not be limited to, the following revenue and fund sources:

Funds appropriated by the county, pursuant to N.J.S.A. 18A:46-41;
Tuition from the sending school districts in which the pupils attending the county special services school district reside for a sum not to exceed the actual cost per pupil as determined for each special education program as follows:

i. Tuition rates shall be calculated separately for the following:

(1) Special education programs provided during the regular school year; and

(2) Special education programs provided for extended periods beyond the regular school year (extended school year programs);

ii. Tuition may be determined and charged as follows:

(1) One tuition rate for each learning disability program category within the regular school year program; and

(2) One tuition rate for the extended school year program, when applicable; or one tuition rate for each learning disability program category within the extended school year program, when applicable;

A nonresident fee, in addition to tuition for pupils who are not residents of the county, whenever funds have been appropriated by the county.

i. The fee shall not exceed the amount of the county's per pupil appropriation to the special services school district, pursuant to N.J.S.A. 18A:46-31.

ii. The maximum fee per nonresident student shall be calculated by dividing the total county appropriation to the county special services school district by the number of students who are residents of the county and are sent on a tuition basis to the county special services school district by the school districts of the county in which the special services school district is located; and

Reimbursement for extraordinary special education services provided to an individual student from the student's resident school district. The cost of extraordinary special education services shall not be included in the actual cost per pupil for purposes of determining tuition rates for regular year or extended year programs.

(b) Tuition shall be the same rate per pupil for each sending school district whether within or outside the county.

(c) The annual aggregate amount of all estimated tuition may be anticipated by the county special services school district board of education with respect to the school district's annual budget.

(d) Tuition charged to the resident school district shall be deducted from the resident school district's State aid and transferred directly to the county special services school district by the Department.

The transfers shall equal 1/20th of the tuition charged and shall occur on the same schedule of State aid payments for resident school districts.

Beginning in May of the preceding year, the county special services school district shall report to the Department and resident school districts the current enrollments and tuition rates by school district. Enrollment changes reported at least 30 days in advance of a scheduled transfer shall be honored.

(e) Unless specifically designated, county special services school districts shall not receive State aid under the provisions of N.J.S.A. 18A:7F-43 et seq.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-17.6 Calculation of estimated tuition rate for county special services school districts

(a) Pursuant to N.J.S.A. 18A:46-31, the county special services school district general fund budget, exclusive of any county contribution received pursuant to N.J.S.A. 18A:46-41, shall not exceed the general fund budget, exclusive of any county contribution received pursuant to N.J.S.A. 18A:46-41, in the prebudget year adjusted by the CPI or three percent, whichever is greater, plus an enrollment factor.

The general fund budget, exclusive of any county contribution, in the prebudget year shall be the sum of all originally budgeted general fund revenue and other fund sources of the prebudget year, except the county contribution of the prebudget year received pursuant to N.J.S.A. 18A:46-41, and shall include, but not be limited to, the following:

i. Designated, unreserved general fund balance;

ii. Tuition from sending school districts for the regular school year programs;

iii. Tuition from sending school districts for any extended school year programs;

iv. Prior-year tuition adjustments received from sending school districts;

v. Tuition for programs other than programs for students of sending school districts;

vi. Nonresident fees received pursuant to N.J.S.A. 18A:46-31;

vii. Reimbursements from sending school districts for extraordinary special education costs;

viii. Medicaid reimbursements; and

ix. All other revenue sources of the general fund, with the exception of the county contribution received pursuant to N.J.S.A. 18A:46-41.

The enrollment growth factor shall equal the percentage growth in estimated average daily enrollment (ADE) between the prebudget year and the budget year.

(b) The general fund budget net of county contribution shall establish the estimated amount of tuition revenue receivable and the associated tuition rates a county special services school district can charge to school districts for special education programs for the regular school year.

The estimated tuition revenue for the regular school year special education programs shall be calculated by deducting from the general fund budget net of county contribution calculated pursuant to this section, all budget year revenue sources and other funding sources of the general fund as delineated in this subsection, except for the county contribution and estimated tuition for the regular school year special education programs.
The estimated tuition rate per pupil for the regular school year special education program shall be calculated by dividing the estimated tuition revenue for the regular school year program calculated at (b)1 above by the estimated ADE for the budget year.

(c) Any undesignated general fund balance replenishment amount to be included in the tuition rates pursuant to N.J.S.A. 18A:46-31 shall not exceed the lesser of the amount needed to maintain a 10 percent undesignated general fund balance or the amount that may be added to the tuition rate without exceeding the general fund budget net of county contribution.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-17.7 Method of determining tuition rates for county special services schools

(a) The term "actual cost per pupil" for determining the tuition rate(s) for a given year pursuant to N.J.S.A. 18A:46-31 means the adjusted net cost per student in average daily enrollment for special education classes, based upon audited expenditures for that year.

The county special services school district board of education shall include all expenditures for each purpose, except Federal and State grant project expenditures.

(b) Each county special services school district board of education shall obtain from the Commissioner certification of the "actual cost per pupil" for a given year either for the county special services school district as a whole or for each special education program by learning disability category based on the following:

Revenues, expenditures, and fund balances reflected in the county special services school district's annual independent audit;
Average daily enrollment data by category submitted by the county special services school district on a Commissioner-prescribed form.

(c) The estimated tuition rate per pupil for the regular school year special education program shall be sufficient to enable the county special services school district to cover the net cost of the program subject to the statutory general fund budget net of county contribution and statutory limitations on undesignated, unreserved general fund balance.

(d) The tuition rate per pupil for the regular school year special education program for sending school districts shall be based on the net cost calculated by reducing the amount of general fund expenditures by the following:

All revenue sources other than tuition (such as the county contribution, nonresident fees, Medicaid reimbursements, and miscellaneous revenue) available to fund the regular school year special education program for sending school districts;

All direct and indirect expenditures that are not associated with the regular school year special education program for sending school districts;
All expenditures associated with the special education program for sending school districts that are funded through sources other than the regular school year tuition rate such as extraordinary special education costs, which are separately reimbursed for individual students, and the extended school year special education program for which an additional tuition fee is charged; and
Refunds of prior-year tuition adjustments made to sending school districts.

With the exception of the regular school year special education program, the actual programs and/or services will vary by individual county special services school district.
The purpose of this allocation shall be to isolate the revenue, other fund sources, and expenditures related to the tuition for the regular school year special education program by segregating programs and services that are not related to the regular school year special education program, or are related but funded through sources other than regular school year special education tuition.
Expenditures shall be allocated on a direct and indirect basis amongst the various general fund programs and services when funded through sources other than tuition, such as extraordinary special education services.

i. Direct instructional expenditures for salaries and related benefits, textbooks, teaching supplies, purchased services, equipment, and other expenses for each program or learning disability program category shall be allocated on an actual basis.

ii. When allocating indirect expenditures amongst major programs, such as regular school year special education, extended school year special education and other programs, indirect expenditures, except expenditures for Teachers' Pension and Annuity Fund (TPAF) pension and Social Security, shall be allocated amongst the various programs based on the percent of direct expenditures in each program to the total of all direct expenditures since there is no common ADE equivalent among the programs.

iv. When allocating indirect expenditures amongst the learning disability program categories of the regular school year or amongst the learning disability program categories of the extended school year, indirect expenditures, except expenditures for TPAF pension and Social Security, shall be allocated amongst all learning disability program categories in proportion to the average daily enrollment.

(f) Pursuant to N.J.S.A. 18A:46-31, an undesignated general fund balance of 10 percent of the general fund budget exclusive of tuition adjustments of prior years may be maintained.

When estimating the tuition rate for the budget year, the estimated ending undesignated general fund balance of the budget year for this purpose shall be the estimated beginning fund balance of the budget year less prior-year tuition adjustment refunds to be made to sending school districts during the budget year.
When certifying actual final tuition rates, the actual audited ending undesignated general fund balance shall be used.
Undesignated general fund balance in excess of 10 percent of the general fund budget exclusive of tuition adjustments of prior years shall be deducted from adjusted expenditures calculated pursuant to (d) above for purposes of calculating the regular school year special education program tuition rate.
When undesignated general fund balance is under 10 percent of the general fund budget exclusive of tuition adjustments of prior years, an amount may be added to adjusted expenditures calculated pursuant to (d) above for purposes of calculating the regular school year special education program tuition rate subject to the maximum general fund budget net of county contribution calculated pursuant to N.J.A.C. 6A:23A-17.6(a)2.

(g) Calculation of tentative tuition rates, execution of written contractual agreements, payment of tuition (including the nonresident fee), and adjustments to tentative tuition charges upon Commissioner certification of actual tuition rates shall be made by the county special services school district board of education in accordance with N.J.A.C. 6A:23A-17.1(e), except that the county special services school district board of education shall base the tentative tuition rates on the county special services school district board of education's estimated adjusted net cost per student consistent with the calculation at (c) through (f) above. The tentative tuition rate and actual cost per pupil for a given fiscal year shall be calculated in the same manner chosen pursuant to (b) above.

(h) The county special services district board of education shall use the "actual cost per pupil" certification forms, contract forms, and tentative tuition rate forms as prepared and provided by the Commissioner.

(i) A new county special services school district board of education shall use the method of determining tentative tuition rates in accordance with N.J.A.C. 6A:23A-17.2.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

Subchapter 18 TUITION FOR PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES

N.J. Admin. Code § 6A:23A-18.1 Scope and purpose

The rules in this subchapter establish requirements for accounting, financial reporting, and tuition rate setting by approved private schools for students with disabilities. The rules also set forth processes and procedures, including, but not limited to, new school applications, non-allowable costs, and audit requirements. The rules in this subchapter shall become effective immediately, unless otherwise indicated.

History

Adopted by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.2 Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

"Administrative costs" means the costs defined as administrative costs as prescribed by the Commissioner in the chart of accounts required in accordance with N.J.A.C. 6A:23A-18.5(a)7.

"Advertising costs" means the costs associated with promoting, marketing, or public relations for the APSSD's programs and/or services, as prescribed by the Commissioner in the chart of accounts required in accordance with N.J.A.C. 6A:23A-18.5(a)7.

"Approved private school for students with disabilities" or "APSSD" means an entity approved by the Department according to N.J.A.C. 6A:14-7.1 through 7.3 to provide special education and related services to a student with disabilities placed in the APSSD by a parent/guardian, sending district board of education, or State agency responsible for providing the student's education through implementation of his or her individualized education program (IEP).

"APSSD official" means a member of the board of directors or board of trustees of an APSSD; anyone holding an ownership interest in the APSSD; an officer, employee, administrator, or supervisor of an APSSD; or anyone responsible for making recommendations regarding hiring or the purchase or acquisition of any property or service(s) by the APSSD.

"Assistant director" shall mean the same as "director."

"Average daily enrollment (ADE)" means the sum of the days present and absent of all school students enrolled in the APSSD register(s) divided by the number of days the APSSD was actually in session for the entire school year rounded to the nearest four decimal places, except in no event shall the divisor be less than 180 days.

"Bonus" means payment to an employee that meets any of the following:

Is not part of the employee's executed contracted salary;
Is not part of the employee's base salary in the subsequent school year;
Is arbitrary and not based on any specific criteria or qualifications; or
Is paid solely at the discretion of management.

"Business manager" means an individual whose job function includes a majority of the following: financial budget planning and administration, insurance/risk administration, purchasing, financial accounting and reporting, facility planning, construction and maintenance; personnel administration; administration of transportation and food services; and data processing. Prior to June 30, 2017, the holder of this job title shall hold a bachelor's degree in business, accounting, finance, or economics from an accredited institution or a standard school business administrator's certificate but shall not be required to hold a school certification. Effective July 1, 2017, all business managers, except those employed by the APSSD as a business manager or otherwise serving as business manager with the APSSD prior to July 1, 2017, shall hold a master's degree in business, accounting, finance, economics, or a related field from an accredited institution; a standard school business administrator's certificate issued pursuant to N.J.A.C. 6A:9B-12.7, as amended or supplemented; or a certified public accountant certificate.

"Certified actual cost per student" means the actual allowable cost for the entire school year plus the applicable maximum surcharge/public school placement restricted working capital fund divided by ADE for the school year as determined by an independent school auditor.

"Compensation increases" means any additional payment made to an employee after the start of the fiscal year that would appear on the employee's W-2 and/or should result in a Form 1099 being issued to the employee.

"Conditional approval status" means the APSSD is precluded from accepting and/or enrolling new students from the date the Department placed the APSSD on conditional approval status.

"Contingent pay increase" means a staff salary increase of either a certain dollar amount or percentage of contracted salary that is paid to all staff if the APSSD attains the predetermined ADE for the school year that was filed with and approved by the Commissioner, or his or her designee.

"Director" means an individual whose job function includes a majority of the following: formulation of school goals, plans, policies, and budgets and recommendation of their approval to the school's board of directors; recommendations to the school's board of directors for all staff appointments and other personnel actions, such as terminations, suspensions, and compensation, including the appointment of the business manager; responsibility for school operations and programs, including administration, supervision, and evaluation of administrators, supervisors, and all other school staff. Prior to June 30, 2017, all individuals employed by the APSSD as director, or serving as director of an APSSD, shall hold a bachelor's degree from an accredited institution, but shall not be required to hold a professional school license/certification pursuant to N.J.A.C. 6A:9B. After July 1, 2017, all directors, except those employed as, or otherwise serving as director for the APSSD prior to July 1, 2017, shall hold a master's degree from an accredited institution, but shall not be required to hold a certification pursuant to N.J.A.C. 6A:9B.

"Entertainment expenses" means the cost of providing any type of food/beverage to APSSD officers, APSSD directors/trustees, consultants, and/or individuals providing services to the APSSD at any time or to APSSD employees after school hours.

"Executive director" means the same as the "Director."

"Extraordinary service" means the services of a one-to-one aide, or one-to-one nurse, for a student as required by the student's individualized education program (IEP).

"Final tuition rate" means an amount equal to or less than the certified actual cost per student calculated in accordance with N.J.A.C. 6A:23A-18.3(a).

"Full time" for the purposes of the maximum salaries in N.J.A.C. 6A:23A-18.3(o), (p), and (q), and full-time equivalent means 35 hours or more per week over the term outlined in the employment contract pursuant to N.J.A.C. 6A:23A-18.5(c).

"Full-time equivalent" or "FTE" means the ratio of the total number of paid hours during a period divided by the number of full-time working hours in that period; one FTE is equivalent to one employee working full time.

"Independent school auditor" means an independent registered municipal accountant of New Jersey or an independent certified public accountant of New Jersey who holds a valid registration license as a public school accountant of New Jersey and conducts an APSSD's annual audit in accordance with N.J.A.C. 6A:23A-18.10.

"Instructional costs" means those costs defined as instructional costs as prescribed by the Commissioner in the chart of accounts required in accordance with N.J.A.C. 6A:23A-18.5(a)7.

"Internal Revenue Code" or "IRC" means any Federal tax code section indicated in this subchapter and as amended and supplemented.

"Keyman life insurance" means insurance on staff members for which the school is the beneficiary of the life insurance policy.

"Meals" means the provision of breakfast and/or lunch to students.

"Merit pay increase" means a staff salary increase of either a certain dollar amount or percentage of contracted salary that is based on specific performance criteria previously submitted to and approved by the Commissioner or his or her designee.

"New approved private school for students with disabilities" or "new APSSD" means an APSSD during the initial two fiscal years of operation.

"Passenger vehicle" means a vehicle originally designed by the manufacturer with a seating capacity of 10 or fewer persons, including the driver.

"Private placement student" means a student placed in an APSSD by an entity or parent/guardian other than a New Jersey sending district board of education, charter school or renaissance school board of trustees, or a New Jersey State agency.

"Public school placement restricted working capital fund" means a nonprofit APSSD's total public school restricted assets less the total public school restricted liabilities.

"Public school placement student" means a student placed in an APSSD by a New Jersey sending district board of education, board of trustees of a charter or renaissance school, or a New Jersey State agency.

"Related services" means the type of services defined in N.J.A.C. 6A:14-1.3.

"School year" means the time period an APSSD is in session either from July through June, August through June, or September through June.

"Sending district board of education" or "sending school district" means the New Jersey public school district, charter school, renaissance school, or State agency sending a student to an APSSD.

"Severance pay" means compensation in addition to regular salaries and wages that is paid by an APSSD to an employee whose employment is being terminated by separation agreement or otherwise.

"Start-up costs" means costs such as, but not limited to, legal fees, filing fees, furniture, fixtures, equipment, and facility costs incurred by an APSSD for the nine-month period prior to receiving Department approval to operate as an APSSD. A salary is not an allowable start-up cost.

"Surcharge" means the amount of profit that for-profit APSSDs may include in the certified actual cost per student.

"Tentative tuition rate" means the original budgeted tuition rate charged to a sending district board of education or board of trustees for a charter or renaissance school for the school year.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.3 Tuition rate procedures

(a) The board of directors of an APSSD located in New Jersey shall determine the final tuition rate charged to be an amount less than or equal to the certified actual cost per student as determined by an independent school auditor. The board of directors shall identify the certified actual cost per student and final tuition rate charged in the audited financial statements submitted to the Department pursuant to N.J.A.C. 6A:23A-18.10.

When determining the actual allowable costs for the program, the board of directors shall ensure the costs are:

i. Based on all costs required for student instruction from July 1 through June 30;

ii. Consistent with the students' individualized education programs (IEP);

iii. Inclusive of all costs required to implement all students' IEPs and all related services, except as set forth in (a)5 below;

iv. Reasonable, that is, ordinary and necessary and not in excess of the cost that would be incurred by an ordinarily prudent person in the administration of public funds; and

v. Based on goods actually received and placed in service and/or services rendered in the fiscal year expensed.

If any of the APSSD's quarterly financial reports, completed pursuant to N.J.A.C. 6A:23A-18.5(a)11, demonstrates the year-to-date per diem rate exceeds the tentative tuition rate for the year by more than 10 percent, the APSSD shall notify each sending district board of education and the Commissioner, or his or her designee, that such an increase will be charged and the reason for the increase on or before the following dates: December 15 for the first quarter, March 15 for the second quarter, June 15 for the third quarter, and September 15 for the fourth quarter, or the next business day when applicable. The determination of a final tuition rate in excess of 10 percent above the tentative tuition rate charged shall be based on the completion of the required quarterly financial report in accordance with N.J.A.C. 6A:23A-18.5(a)11.

i. If the sending district board of education and the Commissioner, or his or her designee, are not notified on or before the dates noted in (a)2 above, the APSSD may charge an increase that shall not exceed 10 percent of the tentative tuition rate charged.

ii. The notification required in (a)2i above shall contain a detailed statement outlining changing costs and/or enrollment, the reasons for the changes, including management's response to same, and the reason(s) the changes are not offset by decreases in costs. If the notification does not include this statement, the Commissioner, or his or her designee, may prohibit an APSSD from charging an increase above 10 percent.

Costs for the program shall include instructional costs and administrative costs, as defined in the chart of accounts, as follows:

i. For the 2016-2017 school year, minimum instructional costs of 55 percent and maximum administrative costs of 25 percent;

ii. For the 2017-2018 school year, minimum instructional costs of 55.5 percent and maximum administrative costs of 24.5 percent;

iii. For the 2018-2019 school year, minimum instructional costs of 56 percent and maximum administrative costs of 24 percent;

iv. For the 2019-2020 school year, minimum instructional costs of 56.5 percent and maximum administrative costs of 23.5 percent;

v. For the 2020-2021 school year, minimum instructional costs of 57 percent and maximum administrative costs of 23 percent; and

vi. For the 2021-2022 school year and thereafter, minimum instructional costs of 57.5 percent and maximum administrative costs of 22.5 percent.

Unless otherwise determined pursuant to (b) below, the APSSD shall charge one tentative tuition rate as published by the Department, charge one final tuition rate determined by the APSSD, and calculate one certified actual cost per student for the school year that must be approved by the Commissioner, or his or her designee.

i. An APSSD shall report all tuition rates on a per diem and school-year basis, calculated as the number of enrolled days in the school year multiplied by the per diem rate.

ii. An APSSD that operates both a 10-month and an extended school year shall report tuition rates for both the July/August through June and September through June school years.

Except for extraordinary services, an APSSD shall provide required related services in the scope of services rendered pursuant to the tuition contract and may not bill the sending district board of education separately for related services that are required by a student's initial or any subsequent IEP with limited exception. If the related service required by an IEP is beyond what is typically provided during the school day, or the nature of the related services requires that it be provided beyond the school day/operating hours, the APSSD may address the costs and provision of such related services through a separate agreement with the sending district. However, if such related services beyond that typically provided during the school day or beyond the school day/operating hours are not in the scope of services rendered under the tuition contract, nothing in this section shall prevent a sending district board of education from providing those services itself or separately contracting for those services with an approved service provider other than the APSSD.

For programs in operation less than the minimum of 180 days of instruction (September 1 through June 30) the APSSD shall calculate total costs minus 1/180 for each day less than the 180-day requirement to determine actual allowable costs.

The ADE for students enrolled in an APSSD for a time period other than a full or half day shall be based on the total number of hours actually enrolled during the school year divided by the total possible number of hours in the school year.
For fiscal reporting purposes, an extended school year program means a program in which activities commence on or after July 1 and end on or before August 31 of the same year. For program activities that begin prior to July 1, an APSSD shall report all costs and revenues in the prior fiscal year.

(b) An APSSD may charge one tuition rate per school location for the school year. Prior to June 30, 2017, the Commissioner, or his or her designee, may approve APSSDs to charge separate tuition rates by class type and by school location for the school year. APSSDs that have not received written approval to charge separate tuition rates by class type and by school location prior to July 1, 2017, shall not be permitted to do so for the school year beginning July 1, 2017, and thereafter. APSSDs that are approved prior to June 30, 2017, to charge by class type shall:

Maintain bookkeeping and accounting records by class type and school location for the school year;
Charge a separate tuition rate for each class type served;
Prepare, in the Department-prescribed format, the audited costs by class type for the first two years that tuition is charged by class type, which will allow the Commissioner to determine the tentative tuition rates in accordance with (i) below; and
Determine, on a pro rata basis and when it is not possible to charge the actual amount expended, the individual share of a particular allowable cost item for a class type, in accordance with the following ratios or an alternative method approved by the Commissioner:

i. Ratio of ADE in each class type to the total ADE;

ii. Ratio of square feet of floor space in each class type to the total square feet of floor space used; or

iii. Direct costs.

(c) An APSSD shall record, in the prescribed bookkeeping and accounting system pursuant to N.J.A.C. 6A:23A-18.5(a)8, all direct costs that can be specifically attributed to a program and/or revenue source.

(d) For indirect costs that are incurred for a common or joint purpose, but are not readily assignable to an APSSD and/or its program and/or a revenue source, an APSSD may establish indirect cost pools as appropriate for allocation to the APSSD at the end of the fiscal year as follows:

The expenditures included in the indirect cost pool shall be related to the APSSD's function(s), operation(s), and/or program(s); and
Salary expenditures and associated fringe benefits included in an indirect cost pool shall be for individuals who are assigned, pursuant to a contract and/or job description, to perform work related to the APSSD's function(s), operation(s), and program(s).

(e) An entity that operates only as an APSSD and operates one or more tuition programs at one or more locations shall charge costs as follows:

Direct costs for each program as determined pursuant to (c) above; and
Indirect costs, as defined in (d) above, are calculated in accordance with any of the following:

i. An equitable allocation plan approved in writing by the Commissioner, or his or her designee;

ii. Ratio of direct costs for each program determined pursuant to (c) above to total direct costs; or

iii. Ratio of ADE for each program to total ADE.

(f) An entity that operates other programs in addition to an APSSD program(s) at one or more locations shall charge their costs as follows:

Direct costs for each program as determined pursuant to (c) above;
Indirect cost centers established as follows:

i. A cost center that shall include indirect costs that are allowable costs in accordance with this subchapter; and

ii. A cost center that shall include indirect non-allowable costs in accordance with this subchapter.

Allowable indirect costs, charged pursuant to (f)2i above, may be included on a consistent basis in the respective actual cost per student in accordance with:

i. An equitable allocation plan approved by the Commissioner, or his or her designee;

ii. Ratio of direct costs for each program determined pursuant to (c) above to total direct costs; or

iii. Ratio of ADE for each APSSD to total ADE.

(g) Whenever a facility used by an APSSD is also used for unrelated activities and/or enterprises by related or unrelated parties, all direct and indirect costs associated with the facility and operations shall be charged according to the ratio of the square footage of the portion of the facility used for activities associated with the APSSD program(s), operation(s), and/or function(s) to the square footage of the total facility. Indirect costs for using the APSSD's facilities in any other manner shall not be included in the certified actual cost per student.

If any facility or portion thereof as set forth in (g) above are jointly used by the APSSD for the APSSD program(s), operation(s), and/or function(s), and for unrelated activities and/or enterprises by related or unrelated parties, the direct and indirect costs associated with the facility and operations shall be charged according to the ratio of the time used for activities associated with the APSSD program(s), operation(s), and/or function(s) to the total time the facility is used for any purpose.

(h) A tentative tuition rate, calculated in accordance with (i) and (j) below, shall be established by written contractual agreement between the APSSD and the sending district board of education. The tentative tuition rate charged shall not exceed the maximum tentative tuition rate, calculated in accordance with (i) and (j) below, for the ensuing school year, and shall not be changed during the school year regardless of the APSSD's financial or other circumstances. The written contract shall be on the mandated tuition contract form prescribed by the Commissioner and shall be executed prior to a student's enrollment.

The contractual agreement shall require the sending district board of education to pay a tentative tuition charge based upon a per diem rate for the total number of days the student is enrolled during the month, for each month the student is enrolled. The per diem rate is determined by dividing the tentative tuition rate for the school year by the estimated number of days school will be in session, but not less than 180 days, and rounding to the nearest two decimal places.
If applicable, the contractual agreement shall require the sending district board of education to pay the APSSD the tentative tuition charge for extraordinary services.
The contractual agreement shall require the sending district board of education to pay the APSSD the tentative tuition charge based on one of the following options as determined by the APSSD. The APSSD shall use the same option for all students enrolled in the APSSD:

i. Option 1: A sending district board of education shall pay the APSSD no later than the first day of each month prior to the services being rendered.

(1) For a student already enrolled in the APSSD, the sending district board of education shall pay the tentative tuition charge by the first day of the second month after services begin. A sending district board of education that fails to pay tuition by the 30th day after services begin may be charged interest by the APSSD calculated at the rate of one percent per month on the unpaid balance.

(2) For a student enrolled after the first day of the month, the sending district board of education shall pay the tentative tuition charge for the first two months of enrollment no later than 60 days after the first day services begin. Payment in subsequent months is due by the first of each month prior to the services being rendered. A sending district board of education that fails to pay tuition by the 30th day after services begin may be charged interest by the APSSD calculated at the rate of one percent per month on the unpaid balance.

ii. Option 2: A sending district board of education shall pay the APSSD no later than 60 days after the last day of each month in which services were rendered. A sending district board of education that fails to pay tuition by the 60th day after the last day of a month in which services were rendered may be charged interest by the APSSD calculated at the rate of one percent per month on the unpaid balance.

(i) The Commissioner, or his or her designee, will issue notification of the maximum tentative tuition rate for each APSSD no later than January 1 for the ensuing school year, calculated as follows:

The maximum tentative tuition rate per student shall equal the product of the audited actual cost per student for the school year prior to the current school year inflated by twice the tax levy growth limitation of two percent and any applicable change to this percentage identified in N.J.S.A. 18A:7F-38, or the consumer price index (CPI) as defined in N.J.S.A. 18A:7F-45, whichever is greater.
The maximum tentative tuition rate shall include:

i. For profit-making schools, the annual surcharge permitted in accordance with N.J.A.C. 6A:23A-18.7; and

ii. For nonprofit schools, a public school placement restricted working capital fund in accordance with N.J.A.C. 6A:23A-18.8.

(j) The Commissioner, or his or her designee, may approve a higher tentative tuition rate for any year in which the APSSD can demonstrate, to the Commissioner's or designee's satisfaction, that the maximum tentative tuition rate for the ensuing fiscal year is inadequate and would cause an undue financial hardship on the APSSD.

In the event of such hardship claim, the APSSD shall submit its request for a higher tentative tuition rate for the entire school year to the Commissioner, or his or her designee, no later than January 31 preceding the beginning of the ensuing school year. The APSSD shall submit the request with appropriate documentation, which shall include, but may not be limited to, the following information:

i. A budget reflecting projected costs, working capital fund or surcharge, estimated enrollment and the requested tuition rate based on this information;

ii. A detailed narrative prepared by the APSSD's administration and/or management demonstrating the need for increases in excess of increases already provided in the tentative tuition rate calculation; and

iii. A properly completed interim financial report in the format prescribed by the Commissioner, or his or her designee, for the six months of operations ending December 31 immediately preceding the school year.

(k) Following a satisfactory compliance review of an independent auditor's certified actual cost per student, the Commissioner will issue an approval that the final tuition rates charged are based on the certified actual cost per student pursuant to (a) above.

(l) If the Commissioner, or his or her designee, determines the tentative tuition rate for the school year established pursuant to (i) and (j) above is greater than the final tuition rate charged for the school year, the APSSD shall pay or credit the difference to subsequent tuition bills for each sending district board of education no later than June 30 of the school year in which the final tuition rate charged is approved by the Commissioner, or his or her designee, or not more than 30 days after an appeal on a certified amount is resolved. The same final tuition rate charged shall be charged to each sending district board of education.

(m) If the tentative tuition rate for the school year established by written contractual agreement pursuant to (h) above is less than the final tuition rate charged for the school year, the APSSD may charge each sending district board of education all or part of the difference owed, but the same final tuition rate shall be charged to each sending district board of education. The sending district board of education shall pay the difference on a mutually agreed upon date during the second school year following the year for which the actual certified cost per student is approved by the Commissioner, or his or her designee.

(n) The APSSD shall prepare the contract and the form to establish the tentative tuition rate for the ensuing school year, and if applicable, the tentative tuition rate for extraordinary services on Commissioner-prepared forms.

(o) An APSSD shall reference as guidance the Commissioner-published list of maximum allowable salaries by job title and county, according to the job titles contained in N.J.A.C. 6A:9B relevant to APSSDs. Except for administrative job titles referenced in (p) below, maximum allowable salaries are based on the highest contracted salaries (not including payment of unused sick and vacation days and severance pay) of certified staff by job title in a district board of education for any prior year, indexed by the average increase in salary between the two preceding school years for each job title. The salaries are based on a 12-month contract period from July 1 through June 30 and the maximum allowable salary of an APSSD staff member shall be prorated for staff employed for less than 12 months. Under no circumstances shall the maximum allowable salary calculated be less than the corresponding salary in the prior year for the same job title and county. Unrecognized job titles shall be correlated to similar job titles in public schools based on their functional activities. The maximum allowable salary of a staff member holding a part-time or split-time position shall be prorated including the salary of staff employed in entities defined in (e) and (f) above.

Effective July 1, 2017, through June 30, 2024, maximum allowable salaries pursuant to (o) above shall be published at the rates contained in the maximum allowable salary list published for the 2016-2017 school year, with the following exceptions:

i. Beginning July 1, 2017, the maximum published salaries for the job titles of occupational therapist, physical therapist, and speech and language specialist shall increase annually from the 2016-2017 published list of maximum allowable salaries by CPI determined consistent with N.J.S.A. 18A:7F-45;

ii. Beginning July 1, 2017, the Commissioner, or his or her designee, shall publish a maximum allowable salaries list that contains the total maximum hourly rate for occupational therapists, physical therapists, and speech and language specialists contracted by APSSDs as purchased service providers or independent contractors. The published total hourly rates shall include an allowance of 35 percent more than the maximum allowable salary rate calculated and published pursuant to (o)1i above for the same job titles. The total maximum hourly rates shall be applicable only to contracted service providers.

iii. Beginning July 1, 2017, an APSSD may contract with an approved clinic and agency pursuant to N.J.A.C. 6A:14-5.1(c) and 5.2 and may pay the approved clinic or agency for the contracted services at a rate above the maximum allowable salary published rate detailed in (o) above, so long as the APSSD:

(1) Acquires quotes for the contracted services from at least three approved clinics or agencies prior to contracting with an approved clinic or agency. If any of the three approved clinics or agencies are a related party, the APSSD shall contract with the lowest of the three quotes; and

(2) Provides documentation of the three quotes required by (o)1iii(1) above to the Department upon request.

Subparagraphs (o)1i and ii above shall sunset on June 30, 2024, and the Commissioner, or his or her designee, shall resume use and publication of a list of maximum allowable salaries calculated pursuant to (o) above.
Beginning with the 2021-2022 fiscal year, the Department shall initiate a study examining the maximum allowable salary structure. In conducting the study, the Department may seek and/or include input from an APSSD representative(s). The study shall include a data-driven review of maximum salaries and recommendations, if any, for changes to the maximum allowable salary calculation formula contained in (o) above and (p) below.

(p) An APSSD shall reference as guidance the Commissioner-published list of maximum allowable salaries by administrative and job titles and county according to the job titles contained in N.J.A.C. 6A:9B and N.J.A.C. 6A:23A-18.2 relevant to APSSDs. Maximum allowable salaries are based on the highest contracted salary (not including payment of unused sick and vacation days and severance pay) by administrative job title for the entire State in a district board of education, special services district board of education, and educational services commission with comparable average daily enrollments for any prior year, indexed by the average increase in salary between the two preceding school years for each job title. The salaries are based on a 12-month contract period from July 1 through June 30 and the maximum allowable salary of the APSSD staff member shall be prorated for staff employed for less than 12 months. Each district board of education, special services district board of education, and educational services commission with an ADE equal to or less than the highest APSSD ADE will be considered comparable. Under no circumstances shall the maximum allowable salary calculated be less than the corresponding salary in the prior year for the same job title. The maximum allowable salary of a staff member holding a part-time or split-time position shall be prorated including the salary of staff employed in entities defined in (e) and (f) above.

Effective July 1, 2017 through June 30, 2024, maximum allowable salaries established pursuant to (p) above shall be published at the rates contained in the maximum allowable salary list published for the 2016-2017 school year;

Paragraph (p)1 above shall sunset on July 1, 2024, and the Commissioner, or his or her designee, shall resume use and publication of a list of maximum allowable salaries calculated pursuant to (p) above.

(q) An APSSD shall use the recognized position title list published annually by the Commissioner, or his or her designee, to employ staff whose position requires certification in accordance with N.J.A.C. 6A:9B or a bachelor's or master's degree, pursuant to N.J.A.C. 6A:23A-18.2. An APSSD shall hire only staff or consultants in job titles that require certification or a bachelor's or master's degree if the titles are included on the recognized job titles list, or if such titles are unrecognized job titles that are approved annually by an executive county superintendent in accordance with N.J.A.C. 6A:9B-5.5. The APSSD may use unrecognized administrative job titles, but maximum salaries for the titles are restricted in accordance with N.J.A.C. 6A:23A-18.6(a)9. The maximum salaries of APSSD-hired staff in administrative or support job titles, such as, but not limited to, chief executive officer or chief financial officer, shall be limited to the maximum salary of a director in accordance with (p) above.

(r) For non-administrative individual employees, the Commissioner, or his or her designee, may approve a salary higher than the maximum allowable salary identified in (o), (p), or (q) above. Approval may be given for no more than two APSSD employees in any fiscal year in which the APSSD demonstrates, to the Commissioner's or his or her designee's satisfaction, the maximum allowable salary is inadequate and would cause a hardship to the APSSD. The hardship exception will be granted in limited circumstances and only if the Commissioner, or his or her designee, determines the APSSD has demonstrated an exception is warranted based upon the following:

The APSSD shall submit an application to the Commissioner, or his or her designee, postmarked or electronically transmitted no later than the May 1 preceding the applicable school year. The APSSD shall submit the application with appropriate documentation that shall include, but not be limited to, the following:

i. Detailed information on the staff member for whom the increase is sought, including, but not limited to, job title and related description, experience and credentials, hire date, previous salary information and new salary sought, accomplishments/achievements of note, and publications or the like. If applicable, the APSSD shall include the same detailed information for all staff employed under the same job title;

ii. A detailed budget demonstrating the impact the increased salary would have on the projected total expenditures, ADE, and budgeted tuition rate, if any;

iii. Detailed explanation of the need for a salary above the maximum allowable rate; and

iv. An outline of the educational impact of the employee.

The Commissioner, or his or her designee, shall review the application and respond in writing to the APSSD by June 30 of the school year preceding the applicable school year; and
Applications solely based on the length of service of the employee or familiarity with the school will not be granted.

(s) For students who are transitioning back to a program of the sending district board of education, or to a third-party location, for a portion of the enrolled school day and who require the services of an APSSD staff person, the ADE for tuition-rate purposes shall be computed as follows:

Regardless of the time period the student is enrolled in a program outside the APSSD, the student shall be considered a full-time APSSD student, the student's ADE shall be considered as 1.0, and the sending district board of education shall pay the full-time tuition rate.
The sending district board of education shall pay all costs associated with the transition service if it involves a third party.

(t) For students who are transitioning back to a program of the sending district board of education, or to a third-party location, for a portion of the enrolled school day, the APSSD shall compute the tuition rate as follows:

The APSSD shall calculate the student's ADE based on the number of hours enrolled in the APSSD's program relative to the total number of possible hours of the APSSD's program.
The sending district board of education shall pay all costs associated with the transition service if it involves a third party.

(u) For tuition-rate purposes for a private placement student, the APSSD shall charge not less than the audited cost per student or shall finance by other means the costs that exceed the tuition rate charged.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.4 New approved private schools for students with disabilities

(a) A prospective applicant shall file with the Office of Special Education Programs (OSEP) an application to establish an APSSD and shall obtain the Commissioner's, or his or her designee's, approval of the application prior to operating an APSSD.

A current APSSD that is adding additional classrooms to an existing approved educational program at a new location, or opening a new program, is considered a new APSSD subject to (a) above. For the purpose of this paragraph, a new location may include, but shall not be limited to, a new building.
A current APSSD that is adding additional classrooms to an existing approved educational program, or adding a new class type(s), either of which will be housed in another building at the current location, shall not be considered a new APSSD and shall charge as a tentative tuition rate the tuition currently charged.

(b) An applicant applying for approval as a new APSSD shall provide to the Department evidence of sufficient need for the new private school as follows:

The applicant shall file with the OSEP an application to establish an APSSD and shall document there is a need and the new APSSD would likely serve a minimum of 24 public school placement students.

The applicant school shall receive preliminary approval to operate for a two-year period, after which the applicant school shall provide documentation that it has a minimum ADE of 24 public school placement students by the end of the second school year;

i. An applicant school meeting the minimum ADE of 24 public school placement students by the end of the second school year shall receive new APSSD approval if it meets all other Department requirements;

ii. An applicant school not meeting the minimum ADE of 24 public school placement students by the end of the second school year shall have its preliminary approval status revoked and shall no longer be considered an APSSD;

iii. Any APSSD approved prior to the 2004-2005 fiscal year that falls below the previous minimum ADE of 16 public school placement students in a school year shall have its status as an APSSD rescinded and shall be considered preliminarily approved. The school shall attain a minimum ADE of 16 public school placement students by the end of the third school year after the year in question or its approval shall be rescinded and it shall no longer be considered an APSSD;

iv. Any APSSD approved to operate during the 2004-2005 fiscal year, or thereafter, that falls below an ADE of 24 public school placement students in a subsequent school year shall be considered preliminarily approved. The school shall attain a minimum ADE of 24 public school placement students by the end of the third school year after the year in question or its approval shall be rescinded and it shall no longer be considered an APSSD;

v. APSSDs operating in and affiliated with a public school district are exempt from (b)1 and (c)1i, ii, iii, and iv above; and

vi. An APSSD operating in and affiliated with a public school district shall be restricted to operate only in the public school district location. An APSSD operating in and affiliated with a public school district that chooses to move to a location other than the public school district location shall comply with this section.

(d) An APSSD shall straight line amortize start-up costs, if any, over a 60-month period.

(e) For the first two years of operation of an APSSD, the tentative tuition rate charged at each site shall be established annually and be based on budgeted allowable costs. An APSSD shall submit such estimated cost(s) to the Commissioner, or his or her designee, for approval no later than 90 days preceding the beginning of each school year. The proposed budget shall be on a form and/or electronic system prepared by the Commissioner, or his or her designee, that provides for, but is not limited to, the following:

Fiscal and programmatic data;
Projected allowable cost items and projected enrollments;

A projected budget that reflects administrative costs not in excess of, and instructional costs not less than, the percentages identified in N.J.A.C. 6A:23A-18.3(a)3 and as defined in the chart of accounts;

A report of all funding resources;
An affidavit of compliance; and
A statement of assurance as required by the Office of Special Education Programs.

(f) If the Commissioner, or his or her designee, approves the tentative tuition rate calculated pursuant to (e) above, each sending district board of education shall pay tentative tuition charges based upon the approved estimated costs per student for the first two years of operation.

(g) If the tentative tuition rate charged differs from the final tuition rate charged after each year of operation, the tentative tuition charges will be adjusted in accordance with N.J.A.C. 6A:23A-18.3.

(h) An APSSD approved as a new school shall not begin operations before July 1 of the school year immediately following the school year in which the APSSD received approval to operate, except for an APSSD operating in and affiliated with a public school district.

History

Amended by R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
Rewrote the section.
Amended by R.2006 d.361, effective 10/2/2006.
See: 38 N.J.R. 2333(a), 38 N.J.R. 4178(b).
Section was "New private schools for the disabled". Rewrote the section.
Recodified from N.J.A.C. 6A:23-4.3 and amended by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).
In (e)3 and (g), updated the N.J.A.C. reference.
Recodified from N.J.A.C. 6A:23A-18.3 and amended by R.2017 d.134, effective 7/3/2017.
See: 49 N.J.R. 365(a), 49 N.J.R. 1855(a).
Rewrote the section. Former N.J.A.C. 6A:23A-18.4, Bookkeeping and accounting, recodified to N.J.A.C. 6A:23A-18.5.
Modified by Executive Order No. 103(2020), effective 9/30/2020.
See: 52 N.J.R. 1987(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:23A-18.5 Bookkeeping and accounting

(a) An APSSD shall maintain accounting and bookkeeping systems as prescribed in the Department's Financial Accounting for New Jersey Private Schools for Students with Disabilities in accordance with the following standards:

An APSSD shall maintain accounts in accordance with generally accepted accounting principles (GAAP) as established by the Financial Accounting Standards Board (FASB) and recognized as authoritative by the American Institute of Certified Public Accountants, except as already modified in this subchapter.
At a minimum, an APSSD shall use accrual accounting on a quarterly basis.

An APSSD shall capitalize fixed asset expenditures of $ 2,000 or more and depreciate such expenditures using the straight-line depreciation method and using a useful life consistent with current Federal tax law as defined in Internal Revenue Code Section 168 and class lives as defined in that section (also see IRS Publication 946), except for real property that may be depreciated using a useful life of 15 years or the term of the original mortgage, whichever is greater.

An APSSD shall:

i. Capitalize leasehold improvements made to an existing structure leased by the APSSD and depreciate the improvements using the straight-line method and a useful life equal to the lease's remaining term and any extension(s), but not less than five years;

ii. Depreciate any leasehold improvement(s) to which a related party(ies) is the lessor using the straight-line method and a useful life equal to the lease's remaining term and any extension(s), but not less than 10 years;

iii. Not depreciate a leasehold improvement(s) made to a structure for any month(s) the structure is not in service as an APSSD, or in excess of amounts determined under (a)4i or ii above for any fiscal year; and

iv. Not depreciate a leasehold improvement(s) made to a structure that does not directly benefit public school placement students being educated or that is in excess of amounts determined pursuant to (a)4i, ii, or iii above.

An APSSD shall maintain asset, liability, and net asset accounts, as well as expenditure and revenue accounts.
Nonprofit organizations shall maintain financial records on a fund basis, which requires restricted or unrestricted donations to be maintained in funds separate from the public school restricted fund. Costs incurred as a result of restricted or unrestricted donations shall be charged to the appropriate fund and not through the public school restricted fund. Profit-making organizations shall maintain financial records on a modified fund basis.
A chart of accounts issued by the Commissioner, or his or her designee, shall be maintained by each APSSD. A Uniform Minimum Chart of Accounts consistent with Financial Accounting for Local and State School Systems 2014, developed by the National Center for Education Statistics, incorporated herein by reference, as amended and supplemented as prepared, published, and distributed by the Commissioner, or his or her designee, for use in the accounting systems of all APSSDs shall be used for financial reporting to the Department. Effective July 1, 2017, the Department will not consider requests for approval to use an alternative chart of accounts. APSSDs that received approval prior to July 1, 2017, to use an alternative chart of accounts may continue to do so.

i. Effective July 1, 2018, the first $ 15,000 of attorney's fees or other costs per litigation and per fiscal year of costs incurred by an APSSD shall be included within the administrative cost category limits identified in N.J.A.C. 6A:23A-18.3(a)3. Costs for litigation above the first $ 15,000 per litigation and per fiscal year shall be outside the total cost category assignment as indicated in the Department's chart of accounts pursuant to (a)7 above.

ii. For purposes of (a)7i above, litigation means a suit brought by or against an APSSD for which a court of law or agency of the State or Federal government assigns a docket or other form of tracking number.

If multiple facilities for an APSSD have been approved, financial information in the bookkeeping records shall be segregated by facility. If the APSSD chooses to charge tuition rates by class type, financial information in the bookkeeping records shall be segregated by class type. Bookkeeping records shall include, but not be limited to:

i. Cash receipts journal;

ii. Cash disbursement journal;

iii. General ledger;

iv. Tuition ledger;

v. Payroll journal; and

vi. Fixed asset inventory.

An APSSD shall maintain documentation to verify all amounts recorded in the general ledger. Purchase orders shall be prepared in detail to document all payments for goods and services. Invoices or cash register receipts shall be attached to their related purchase orders to support all purchases of goods and services. Detailed vouchers signed by the payee shall be attached to their related purchase orders to support all payments for personal services, employee mileage reimbursements, or any payment for which invoices or cash register receipts are not used. All documentation shall be subject to audit by the Department and shall support expenses charged by the APSSD in its audited financial statements.
An APSSD shall prepare a payroll that is supported by an accurate employee time record in a format prescribed or approved by the Commissioner, or his or her designee, signed by the employee and supervisor, prepared in the time period in which the work was done and completed semi-monthly, at a minimum. An employee time record shall be prepared for all employees of the APSSD, including all administrative employees. Upon receipt of written approval from the Commissioner, or his or her designee, APSSDs may use an electronic time record system in lieu of the Commissioner-prescribed format. Approval shall continue unless and until an APSSD alters the system or engages the services of a new provider for the electronic time record system.

At least quarterly, an APSSD shall prepare a financial report in a format prescribed or approved by the Commissioner, or his or her designee, for the school-year program. The financial report shall be submitted to the school's governing body and its acceptance shall be documented in the governing body's meeting minutes.

An APSSD shall maintain effective internal control practices, including, but not limited to, the separation of duties such as the recording and authorizing of checks and purchase approvals.
An APSSD shall use the Commissioner-prescribed mandated tuition contract for each student received from a sending district board of education. The mandated tuition contract may be revised only by the APSSD or the sending district board of education with the Commissioner's prior written approval.
An APSSD that incurs contingent pay increases shall have an employee contract that contains the criteria by which the increase will be paid. Under no circumstances shall the APSSD employee's salary plus the contingent pay increase exceed the maximum allowable salary determined pursuant to N.J.A.C. 6A:23A-18.3(o), (p), or (q). The criteria shall be submitted to the Commissioner, or his or her designee, for approval prior to implementation. The APSSD shall make payment of the contingent pay increase upon achievement of the contractual contingencies as set forth in the approved plan. The payment shall be based upon measurable criteria and shall not be at the management's discretion. The employee contract shall contain the following:

i. The date and signature of both the staff member and authorized APSSD representative;

ii. The ADE contingency the APSSD must achieve to generate the increase; and

iii. The specific dollar amount or percentage of original contracted salary to be paid pursuant to (a)14ii above.

An APSSD that incurs merit pay increases shall have adopted a formal policy that outlines the criteria of the merit pay plan(s). The APSSD employee's salary plus the merit pay shall not exceed the maximum allowable salary determined pursuant to N.J.A.C. 6A:23A-18.3(o), (p), or (q). The plan(s) shall be submitted for approval to the Commissioner, or his or her designee, prior to implementation. The APSSD shall accrue the merit pay and any resultant employer payroll tax expense in the fiscal year in which the merit pay is awarded. Payment of such merit pay increase upon achievement of the criteria set forth in the approved plan shall occur no later than the following January 31. The payment shall not be at the management's discretion. The plan(s) shall include the following:

i. Eligibility for all employees;

ii. Basis by which the pay is earned;

iii. The amount of the awards by plan(s);

iv. The maximum number of awards to be given by plan(s) for each year; and

v. The date of board approval and date of initiation of the plan(s).

An imprest balance petty cash fund shall be maintained upon annual approval in the minutes by the APSSD's governing body. Replenishments and reimbursements shall be supported by documentation. Undocumented outflows from petty cash shall be classified as a non-allowable cost. The imprest fund balance shall not exceed $ 1,500 and individual disbursements made shall not exceed $ 150.00, except in the case of an emergent condition.
A student activity fund shall be approved by the APSSD's governing body and supported by documentation. Revenues derived from public school placement tuition shall be used to supplement, not supplant, student contributions.
Mileage records shall be maintained for each school-owned vehicle, leased vehicle, or vehicle contained in a related party transaction involving the purchase of transportation services in a format prescribed by the Commissioner, or his or her designee. The mileage records shall be maintained on a trip-by-trip basis and shall include any personal use including to/from work commutation. At the end of the fiscal year, the percentage determined by the total personal miles to total miles shall be applied to all costs associated with the vehicle(s) and the personal costs shall be excluded from the actual allowable costs. Vehicle costs may include, but not be limited to, the following: depreciation, lease costs, gas, oil, repairs and maintenance, and insurance.
Upon request from the Commissioner, or his or her designee:

i. A profit-making APSSD shall submit a copy of its Internal Revenue Service (IRS) tax return for any fiscal year requested; and

ii. A nonprofit APSSD shall submit a copy of IRS form 990 for any fiscal year requested.

An APSSD shall maintain all pertinent financial record(s) for a period of seven years after the November 1 due date of the annual audited financial statement, or until the Commissioner, or his or her designee, issues approval or adjustment to an independent-auditor-certified tuition rate.
A nonprofit entity that has chosen to cease operations as a nonprofit APSSD shall distribute its accumulated public school placement restricted working capital fund to each sending district board of education that had enrolled students during the APSSD's last five years of operation. Public school placement restricted working capital may be retained if an APSSD reconfigures its operations and continues to serve a majority of the same sending district boards of education from the last five years of operation.

i. The distribution shall be based on the ratio of each sending district board of education's total ADE in the APSSD for the last five years of operation to the APSSD's total ADE for the same period.

ii. Within 90 days of filing with the Department the required year-end audited financial statements in accordance with N.J.A.C. 6A:23A-18.10, the APSSD shall submit to the Commissioner, or his or her designee, a listing of the total distribution of the public school placement restricted working capital fund, by sending district board of education.

An APSSD shall ensure school staff; consultants; subcontractors, including members of a management company; and anyone working with students hold the proper school certification, license, or bachelor's degree required pursuant to N.J.A.C. 6A:23A-18.2 to provide the services being rendered.

(b) An APSSD that receives a refund(s) from a current or prior-year expenditure, or that cancels an accounts payable, shall apply the refund or accounts payable as a reduction to the original general expenditure account charged to reduce the current-year expenditure account even if the original expenditure was not made in the current fiscal year.

(c) An APSSD annually shall execute an employment contract with each school employee. The contract shall contain the following information:

The employee's name;
Dates of employment;
Work hours/durational term of employment;
Certification(s) and/or degree(s) held;

Certification(s) required for the job title;

A job description;
The job title;
All fringe benefits; and
The salary.

(d) An APSSD that operates its educational program outside of a public school district shall request Departmental approval to purchase or rent an administrative or business office at a location outside of the APSSD's educational facility. Once received, an approval shall not require renewal, unless and until the APSSD changes the location of its educational or administrative facility. At the Department's request:

The county office of education may conduct an on-site facility review to determine if there is sufficient space at the APSSD's educational facility for these operations; and/or
The APSSD shall submit to the Commissioner, or his or her designee, documents that substantiate the need for additional space.

(e) An APSSD shall ensure its employees provide:

To the students, an instructional program for which the employees are compensated during the hours the school is in session; and

All administrative and business functions on the APSSD's premises whether the premises are owned or leased by the APSSD, and during the APSSD's normal hours of operation, except for meetings and/or conferences held offsite related to the job function. If the APSSD's facilities are not deemed feasible for any administrative or business function, the APSSD shall provide written justification to the Commissioner, or his or her designee, and request approval of a reasonable alternative work location.

(f) An APSSD shall establish and maintain an employee handbook that shall be distributed to all staff each school year and made available to the Department upon request. The APSSD's employee handbook shall include an outline of all employee fringe benefits. All employee fringe benefits shall be adopted at a board of directors meeting and documented in board minutes prior to implementing the fringe benefit. Employee fringe benefits that are consistent with N.J.A.C. 6A:23A-18.6(a)23 for which costs are deemed allowable are as follows:

Health insurance coverage (including dental and vision) that complies with Federal and State laws, rules, and regulations, including payments to employees for a complete waiver of health insurance coverage that comply with the following:

i. The payment for waiver of health insurance coverage shall not exceed $ 5,000 per fiscal year; and

ii. The employee shall provide, and the APSSD shall keep on file, documented evidence the employee had other valid health insurance coverage during the fiscal year;

Life insurance;
Type(s) and qualification for retirement plan(s);
Severance pay;
Vacation;
Long-term disability;
Sick day and personal day benefits;
Premium-only plans;
Cafeteria plans;
Section 125 plans;
Tuition reimbursement;
Health savings accounts (HSAs), medical savings accounts (MSAs), health flexible spending arrangements (FSAs), and health reimbursement arrangements (HRAs) established and maintained within applicable laws and regulations; and
Other benefits for which an APSSD has applied and received written approval from the Commissioner, or his or her designee.

(g) An APSSD that loans funds to any party shall charge interest at a rate equal to the prime rate. An independent auditor shall compute imputed interest on funds that are loaned at less than the prime interest rate or interest free. Imputed interest revenue shall be netted first against short-term interest costs and then against long-term interest costs incurred by an APSSD. If the APSSD has not incurred interest costs, the imputed interest revenue shall be netted against costs incurred in account numbers classified as undistributed expenditures--central services.

(h) A nonprofit APSSD that has a positive public school placement restricted working capital fund balance but reports a net deficit unrestricted fund balance for more than three consecutive fiscal year-ends shall submit to the Commissioner, or his or her designee, within 60 days after the third fiscal year's end, a corrective action plan to reduce the net overall deficit fund balance. The nonprofit APSSD shall be subject to Department monitoring to ensure implementation of and adherence to the corrective action plan. If the APSSD fails to eliminate the deficit by the end of year three, the APSSD shall be placed on conditional approval status until the deficit unrestricted fund balance is eliminated.

(i) An APSSD that allows employees to accumulate and carry over from year to year unused sick and/or vacation leave shall do so in accordance with Financial Accounting Standards Board Statement No. 43 Accounting for Compensated Absences (FASB; 401 Merritt 7, PO Box 5116, Norwalk, CT 06856-5116), incorporated herein by reference, as amended and supplemented, and shall include the costs in program expenses in the appropriate cost category only in the year of payment.

(j) An APSSD shall use job titles in use in public schools districts in accordance with N.J.A.C. 6A:9B, and the list published each year by the Commissioner, or job titles approved in accordance with N.J.A.C. 6A:9B-5.5.

(k) An APSSD shall limit compensation increases after the start of the fiscal year to specific instances in accordance with N.J.A.C. 6A:23A-18.3(q), and when the increase:

Is due to a staff member's promotion that results in additional job responsibilities;
Is due to a staff member's attaining a higher degree or certification;

Is due to a staff member's additional job responsibilities such as a coach, advisor, or mentor;

Is in accordance with (a)14 or 15 above; or
Has been approved by the Department after review of a formal written request to the Commissioner, or his or her designee, documenting the facts supporting the increase.

(l) An APSSD shall ensure individuals who are newly employed by the APSSD or new to the positions listed below on or after July 1, 2017, possess the appropriate master's degree or other required degree or certification as defined in N.J.A.C. 6A:23A-18.2. The APSSD also shall ensure individuals employed or serving in the following positions on or before June 30, 2017, currently possess the appropriate bachelor's degree or other required degree or certification as defined in N.J.A.C. 6A:23A-18.2, or will be removed from the position:

Director;
Assistant director;
Executive director; and
Business manager.

(m) An APSSD that incurs costs for a retirement plan(s) in accordance with N.J.A.C. 6A:23A-18.6(a)31 and/or medical benefits for retired employees in accordance with N.J.A.C. 6A:23A-18.6(a)54 shall include the costs in the certified actual cost per student only on the cash basis of accounting.

(n) An APSSD shall have its paraprofessional staff approved in accordance with N.J.A.C. 6A:32-4.2 and any change(s) to an approved job description shall be resubmitted for approval.

(o) An APSSD shall comply with the maximum salaries determined pursuant to N.J.A.C. 6A:23A-18.3(o) and (p) and restricted pursuant to N.J.A.C. 6A:23A-18.6(a)6, 8, and 9 regardless of the job titles used and whether they comply with the list of job titles published by the Commissioner, or his or her designee.

(p) Under no circumstances other than in accordance with (k) above shall an APSSD provide compensation increases after the start of the fiscal year.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.6 Non-allowable costs

(a) Costs that are not allowable in the calculation of the certified actual cost per student shall include the following:

Administrative costs in excess of, and/or instructional cost less than, the percentages indicated in N.J.A.C. 6A:23A-18.3(a)3;
Costs for maintaining an administrative office in a private home or other residence;
Advertising costs in excess of 0.5 percent of the APSSD's actual allowable costs, not including advertising;
Costs associated with lobbying, including salaries and fringe benefits;

Costs other than those governed by (a)50 below associated with lobbying in an attempt to influence:

i. The outcome(s) of any Federal, State, or local referendum, initiative or similar activity; or

ii. The introduction, enactment, or modification of Federal or State legislation or a State rulemaking.

The salary of a professional staff member, consultant, or subcontractor, including a member of a management company, who is not certified but is functioning in, or contracted to perform the duties of, a position requiring certification in accordance with N.J.A.C. 6A:9B or bachelor's or master's degree under this subchapter;
The salary and fringe benefits of a staff member, or any payment(s) to a purchased service provider, for time not expended and/or services not performed except in accordance with (a)56 and 57 below;
A salary in excess of the associated maximum allowable salary determined pursuant to N.J.A.C. 6A:23A-18.3(o), (p), and (q) for a staff member or consultant whose position requires certification, license, or a bachelor's or master's degree, including a director, assistant director, executive director, and business manager.

i. An APSSD shall prorate salaries for such part-time or split-time positions, including salaries in entities described in N.J.A.C. 6A:23A-18.3(e) and (f);

ii. The part-time and split-time maximum allowable salary shall be calculated as follows:

(1) Multiply the staff member's total salary by the percentage of time attributed to the APSSD position;

(2) Multiply the maximum allowable full-time salary for the position by the percentage of time attributed to the APSSD position; and

(3) Subtract the amount calculated in (a)8ii(2) above from the amount calculated in (a)8ii(1) above. If the result is greater than zero, this is the non-allowable part-time or split-time salary.

A salary of an employee not covered by (a)6 above in excess of the lowest maximum allowable salary in the same county according to the list of maximum allowable salaries determined in N.J.A.C. 6A:23A-18.3(o), (p), and (q) whose position does not require certification, license, or bachelor's degree, including an individual with the director, assistant director, executive director, or business manager job title whose job function(s) are not consistent with those functions described in N.J.A.C. 6A:23A-18.2.

i. An APSSD shall prorate salaries for such part-time or split-time positions, including salaries in entities described in N.J.A.C. 6A:23A-18.3(e) and (f).

ii. The part-time and split-time maximum allowable salary is calculated as follows:

(1) Multiply the staff member's total salary by the percentage of time attributed to the APSSD position;

(2) Multiply the lowest maximum allowable salary in the same county by the percentage of time attributed to the APSSD position; and

(3) Subtract the amount calculated in (a)9ii(2) above from the amount calculated in (a)9ii(1) above. If the result is greater than zero, this is the non-allowable part-time or split-time salary.

Costs of fringe benefits when based on and/or associated with a non-allowable salary;

Legal, accounting, or consultant fees resulting from a frivolous challenge to a State audit or financial review or the prosecution of a claim against the State. The Commissioner shall determine whether the challenge is frivolous by considering factors including, but not limited to, the following:

i. Overall merit of the claim; or

ii. Whether the challenge serves the public interest;

Consultant fees for services that fail to meet the following standards:

i. The work of the consultant shall be detailed in an executed written contract signed by both parties that includes:

(1) A detailed description of the nature of the services to be provided;

(2) Duration of the contract;

(3) Detailed fee information;

(4) Fee payment schedule(s);

(5) The approximate number of days to complete the work; and

(6) The anticipated product or outcome of the work;

ii. Performed by a consultant who does not possess the appropriate school certification when such certification exists;

Total contributions, donations, awards, and scholarships in excess of $ 750.00;
Depreciation unacceptable under N.J.A.C. 6A:23A-18.5(a)3 and 4 and depreciation:

i. On donated goods and assets;

ii. Not based on estimated straight-line method;

iii. On automobiles in excess of the dollar or percentage limitation contained under Internal Revenue Code (IRC) Section 280F, including any passenger vehicle not used in transporting students or supplies without regard to weight class exceptions defined in Section 280F(d)(5)(A);

iv. On a stepped-up basis resulting from the sale to a related party as defined in IRC Section 318 for Constructive Ownership of Stock. For a nonprofit organization, Section 318 will apply to the members of the board of directors or related parties as defined in IRC Section 267(b) or 267(c) unless the gain from such a sale was used to offset tuition for a prior year; or

v. On a stepped-up basis from transfer from one spouse to another upon death as defined in IRC Section 1014;

The cost of:

i. Depreciation associated with the purchase and ownership of any passenger vehicle not used for transporting students or supplies purchased on or after July 1, 2017, if:

(1) The depreciable basis upon which depreciation is calculated exceeds $ 30,000;

(2) The depreciation expensed exceeds allowable depreciation calculated on the straight-line basis over a period of not less than five years; or

(3) The depreciation expensed is attributable to a passenger vehicle that has been assigned to, or used on a regular basis, by an APSSD staff member who is not the APSSD executive director, director, and/or owner.

ii. Vehicle lease payments made pursuant to the lease agreement entered into, on, or after July 1, 2017, when:

(1) The annual lease payment(s) exceeds the annual depreciation allowable on an owned passenger vehicle with a maximum depreciable basis of $ 30,000; or

(2) The lease payments are for a leased passenger vehicle that has been assigned to, or used on a regular basis by, an APSSD staff member who is not the APSSD executive director, director, and/or owner.

Investment expenses associated with the purchase/sale of stock, securities, other investment instruments, or other investments not associated with the education of students with disabilities;

Total costs in excess of $ 500.00 incurred for entertainment expenses;
The cost of food/beverages in excess of $ 1,500 for activities such as, but not limited to, staff meetings, parent/teacher meetings, workshops, and professional development seminars for parents or teachers;
Costs from a fine or penalty resulting from a violation of, or failure by, the APSSD to comply with a Federal, State, and/or local law or rule;
Meal costs in excess of the limits set forth in N.J.A.C. 6A:23A-18.23.
The cost of keyman insurance except where a term insurance policy is required by a lender as collateral for a loan;
The cost of an employee's life insurance coverage, both term and whole life policies, in excess of 3.5 times the employee's gross salary;
Costs for fringe benefits as follows:

i. When the benefits are determined in an arbitrary or capricious manner, including, but not limited to, class of employee, whether by title or position rather than according to an existing written uniform policy based on an equitable standard of distribution, such as years of service or education. The criteria cannot be exclusionary regardless if based on an equitable standard of distribution, such as years of service or education;

ii. When the fringe benefit has not been adopted by the APSSD's board of directors at a board meeting prior to the benefit's implementation, documented in the meeting minutes, and the employees were not made aware of the policy; or

iii. When the benefit is not listed in N.J.A.C. 6A:23A-18.5(f) or not approved by the Commissioner, or his or her designee;

The cost of fundraising, including, but not limited to, costs for a financial campaign, an endowment drive, or solicitation of a gift and bequest to raise capital or obtain a contribution;

Goodwill;

Interest costs on loans when:

i. Interest is in excess of the general prevailing rate at the time the loan was taken;

ii. The loan is a less-than-arm's length/related party transaction that has not been previously approved by the Department and has not been repaid in accordance with the Department's approval letter; or

iii. The loan is not exclusively used to meet educational program needs;

Interest costs on long-term loans or mortgages if:

i. The loan is used for other than financing of fixed assets;

ii. The loan is not secured by the fixed asset being financed; or

iii. The interest costs are on the portion of the loan term that exceeds the recovery period for depreciation of the fixed asset securing the loan;

A loss incurred on the sale or exchange of fixed assets between related parties;
The write-off of uncollected accounts receivable (bad debts):

i. Before three years has elapsed and before a reasonable effort has been made to collect such accounts receivable; or

ii. That arise out of the APSSD's provision of:

(1) Extraordinary services;

(2) Services to students placed by an out-of-State agency; or

(3) Services to private placement students;

An ordinary living expense for a student that is normally assumed by the parent of a student attending a public day school;

Retirement plan costs that are:

i. Not in conformance with the Employee Retirement Income Security Act of 1974, P.L. 93-406 and its successor legislation, and that exceed costs allowed by the Internal Revenue Service;

ii. For a non-qualified retirement plan(s);

iii. For a defined contribution plan in excess of the maximum percentage and maximum dollar amount, (see IRC Section 415(c)) as the lesser of 100 percent of the employee's compensation or $ 53,000 as adjusted annually in IRC;

iv. For a defined benefit plan in excess of an amount, by employee, that would allow the defined plan to provide a benefit in excess of the percentage of the employee's number of years of service divided by 55 times the highest three-year average salary and at an age prior to age 55;

v. For contributions to a retirement plan that are not applied consistently in accordance with (a)23 above even if in compliance with Employee Retirement Income Security Act of 1974 (ERISA). Such excess contributions will be deemed a non-allowable cost;

vi. Not paid to a qualified plan within nine months of the end of the APSSD's fiscal tax year;

vii. Not paid in accordance with the fringe benefits criteria in (a)23 above; and

viii. If applicable, not in conformance with a church plan as defined in ERISA;

Costs of a contingent pay increase or merit pay award when the amount(s) was not in accordance with N.J.A.C. 6A:23A-18.5(a)14 or 15 or the contingent pay increase or merit pay award(s) is inconsistent with the plan(s) submitted to and approved by the Commissioner, or his or her designee, prior to implementation;
Costs for the payment of a bonus;

Costs for a loss on an investment;

Costs associated with a research activity, including, but not limited to, staff salaries, supplies, or printing and reproduction of a material;

Payment of Federal, State and local income taxes on income other than tuition;

Costs associated with travel to and from the officer's or employee's home and the school or agency;
Costs for all personal expenses, such as a personal travel expense or repair on a personal vehicle;
Costs associated with personal use of an APSSD-owned or -leased vehicle, including, but not limited to, to/from work commutation as determined pursuant to N.J.A.C. 6A:23A-18.5(a)18;
Costs associated with an APSSD-owned or -leased vehicle or a vehicle contained in a related party transaction involving the purchase of transportation services where a detailed daily mileage log documenting vehicle usage was not maintained;
A business-incurred charge for a privately owned vehicle in excess of the mileage rate allowed by the IRS for automobile travel;

Transportation costs for a student to and from school, except where the student's IEP requires after-school activities;

Rental costs for buildings and equipment when the lessor is not a separately identifiable legal entity;
Costs related to transactions between related parties in which one party to the transaction is able to control or substantially influence the actions of the other. Such transactions are defined by the relationship of the parties and include, but are not limited to, transactions between divisions of an institution; institutions or organizations under common control through common officers, directors, members, or owners; and an institution and a director, trustee, officer, or key employee of the institution or his or her immediate family either directly or through corporations, trusts, or similar arrangements in which they hold a controlling interest. Such costs shall include, but are not limited to:

i. Rental costs for buildings and equipment in excess of the actual allocated costs of ownership (for example, straight line depreciation in accordance with N.J.A.C. 6A:23A-18.5(a)3, mortgage interest, real estate taxes, property insurance, and maintenance costs) incurred by the related property owner including a 2.5 percent return calculated on the actual costs of ownership incurred by the related party. The APSSD shall submit a cost of ownership form in a Commissioner-supplied format. The property or business owner shall sign and notarize the cost of ownership form and include a copy of the lease agreement, and a list of anticipated costs to be incurred by the property owner;

ii. Rental costs under a sub-lease arrangement with a related party for buildings and equipment in excess of the actual allocated costs related to the lease (such as rent, lease commission expense, and maintenance costs) incurred by the sub-lessor. Profit, return on investment, or windfall of any kind shall not be included in the sub-rental cost. The sub-lease agreement shall include a list of anticipated costs to be incurred by the sub-lessor and shall be signed by the sub-lessor and notarized;

iii. Cost of purchasing/lease purchasing buildings, equipment or other goods from related parties in excess of the original cost to the related party, less depreciation calculated using the straight line method;

iv. Cost of personal services paid to a related party when the services are provided by an employee of, or consultant to the APSSD acting as an employee or agent of the related party. Cost of personal services includes all remuneration, paid or accrued, for services rendered during the school year, including, but not limited to, wages, salaries, management fees, and fringe benefits; and

v. Cost of the purchase of goods or services from a related party in excess of the actual allocated costs of providing the purchased goods and/or services, including, but not limited to, salaries, fringe benefits, insurance, operation, maintenance, straight-line depreciation incurred by the related party owner. Costs may include a 2.5 percent return calculated on the actual costs of ownership incurred by the related party. The APSSD shall file a cost of ownership form in a Commissioner-prescribed format. The cost of ownership form shall be signed by the property or business owner and shall include a copy of the purchase agreement, and a list of anticipated costs to be incurred by the related party;

Cost of a less-than-arm's length/related party transaction when the related party and/or the APSSD, as applicable, does not:

i. Provide to the Commissioner documentation on Commissioner-prepared forms to support the actual costs of ownership, or does not allow the Commissioner access to such information for review and audit during normal business hours. Documentation shall include, but not be limited to:

(1) The related parties' tax returns;

(2) The related parties' invoices received, payroll and payroll tax records, bills and canceled checks, or electronic transfer records concerning the transaction; and

(3) Any other document(s) requested by the Department; or

ii. Disclose the related party relationship on Commissioner-prepared forms pursuant to this subchapter and N.J.A.C. 6A:23A-19;

Rental costs under sale and leaseback arrangements in excess of the amount that would be allowable if the APSSD continued to own the property;
Indirect and direct costs that are:

i. For unrelated activities or enterprises as defined in N.J.A.C. 6A:23A-18.3(g); or

ii. Unrelated to the function, operations, and/or program of an APSSD as defined in N.J.A.C. 6A:23A-18.3(d);

Costs for the year-end audited financial statements when prepared by an individual who does not meet the requirements in N.J.A.C. 6A:23A-18.10(a);
Costs for membership in civic, business, technical, and professional organizations when the cost is:

i. Not reasonably related to the value of the services or benefits received;

ii. For membership in an organization that devotes any activity(ies) to influencing legislation or State regulation(s) not directly related to the educational instruction program of students with disabilities and the activity(ies) is not subsidized by sources other than membership fees from APSSDs;

iii. Not an established annual rate charged to all members, but one that is periodically adjusted during the year; or

iv. Not supported by an annual affidavit signed by the organization's board of directors indicating all legal and lobbying costs not directly associated with the educational instruction programs for students with disabilities were funded by sources other than dues from APSSDs;

A staff member's salary that is not properly supported by the employee's time record in a format prescribed or approved by the Commissioner in accordance with N.J.A.C. 6A:23A-18.5(a)10;
A salary or payment made to a member(s) of the board of directors/trustees for services performed in his or her capacity as a member of the board of director/trustees;
Cost of a pension plan contribution made on behalf of, and/or medical benefits for, current or retired members of the board of directors/trustees;

Cost of medical benefits for retired employees who have not reached the age of 55 and who were employed a combination of less than 25 years in a New Jersey public school, a New Jersey public agency, or a New Jersey APSSD and have less than 10 years of service in an APSSD;

Costs of salaries and fringe benefits of unrecognized position titles not properly approved pursuant to N.J.A.C. 6A:9B-5.5;
Cost of employee severance pay:

i. In excess of four weeks' salary; and

ii. If, in addition, the cost of a buyout of the employee's contract;

Cost of a buyout of an employee contract:

i. In excess of 90 days' salary; and

ii. If, in addition, the cost of the employee's severance pay;

Cost of a salary or consultant fee paid to a full-time employee or consultant for performing more than one administrative function in the APSSD;
Cost to purchase or rent an administrative office or business office at a location other than at the APSSD location that was not approved pursuant to N.J.A.C. 6A:23A-18.5(d);
Cost of compensation increases paid after the start of the fiscal year not in accordance with N.J.A.C. 6A:23A-18.5(k);
Start-up costs in excess of costs allowed pursuant to N.J.A.C. 6A:23A-18.4(d);
Costs of salaries and fringe benefits for employees providing services that are not in compliance with N.J.A.C. 6A:23A-18.5(e)2;
The cost of a fine levied pursuant to N.J.S.A. 18A:6-7.5 for any staff member who does not have:

i. A criminal history clearance prior to starting employment or;

ii. An application for employment on an emergent basis in accordance with N.J.S.A. 18A:6-7.1c;

Legal costs for an APSSD and/or for an APSSD representative(s), including an owner, employee, or agent who has plead guilty and/or is found to be guilty or liable in a case involving the misuse of funds, fraud (criminal or civil), or endangerment or abuse of a child(ren);
The salary in excess of the associated maximum salary identified in N.J.A.C. 6A:23A-18.3(q) and determined in accordance with N.J.A.C. 6A:23A-18.5(o) and (p);
Costs found to be patently unreasonable by the Commissioner, or his or her designee, or an independent auditor/accountant;
Cost(s) of payments made to an individual employee(s) for earned unused sick benefit that is in excess of 2.2 percent of the individual employee's contracted salary amount during the fiscal year in which the payment is made;
Proportional costs of salary and fringe benefits for any administrative staff member, as defined in N.J.A.C. 6A:23A-18.3(o), with the exception of principal and unrecognized position titles in the administrative category, that are in excess of a total of 3.0 FTE administrative positions per APSSD, per fiscal year. If the combined administrative positions exceed 3.0 FTE, the disallowed amount will be apportioned equally across all of the positions;
Costs associated with travel, defined in N.J.A.C. 6A:23A-18.2 1, that:

i. Exceed .0025 of the total actual allowable costs, less travel costs, in a fiscal year for an APSSD, or $ 20,000, whichever is less; and/or

ii. Violate the provisions of N.J.A.C. 6A:23A-18.21 (g);

Costs associated with waiver of health insurance coverage that violate the provisions of N.J.A.C. 6A:23A-18.5(f)1;
Costs associated with depreciation of leasehold improvements that violate N.J.A.C. 6A:23A-18.5(a)4;
Costs of the salary, benefits, or other compensation provided to an APSSD employee or contractor/consultant who is receiving retirement benefits as a result of his or her retirement from the APSSD after two calendar years have expired since the individual began retirement;
Costs associated with undocumented outflows from petty cash, pursuant to N.J.A.C. 6A:23A-18.5(a)16; and
Costs associated with the failure to comply with the requirements of N.J.A.C. 6A:23A-18.5(d).

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.7 Surcharge

(a) For profit-making APSSDs, the tuition rate may include an annual surcharge up to 2.5 percent of the APSSD's allowable actual costs.

(b) For profit-making APSSDs, interest earned in accordance with N.J.A.C. 6A:23A-18.3(h) is an unrestricted revenue and shall not be part of the school's surcharge computation.

(c) For profit-making APSSDs, the allowable Federal, State, and local income tax payment in N.J.A.C. 6A:23A-18.6(a)36 shall be computed using only the public school placement tuition income and all allowable and non-allowable APSSD expenses that are allowable tax deductions on the school's Federal, State, and local income tax returns.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.8 Public school placement restricted working capital fund

(a) For nonprofit APSSDs, the tuition rate may include an amount that will permit the APSSD to establish a public school placement restricted working capital fund of up to 15 percent of the APSSD's actual allowable costs. However, the APSSD shall not include in the certified actual cost per student an amount in excess of 2.5 percent of the APSSD's actual allowable costs per year. The restricted working capital fund shall not exceed 15 percent of an APSSD's actual annual allowable cost in a fiscal year.

(b) Interest and/or dividends earned from the investment of tuition funds shall be netted against the APSSD's total allowable costs incurred in account numbers classified as undistributed expenditures-central when calculating the certified actual cost per student.

(c) Interest earned in accordance with N.J.A.C. 6A:23A-18.3(h) shall be unrestricted revenue and shall not part of the APSSD's public school placement restricted working capital fund computation.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.9 Calculation of student attendance

(a) Each APSSD shall maintain a school register in accordance with N.J.A.C. 6A:32-8, to record all student attendance.

(b) Each APSSD shall submit to the Commissioner, or his or her designee, by September 1, verification of the ADE for the previous school year on Department-provided forms.

(d) Each APSSD shall maintain a separate register by class type.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.10 Audit requirements

(a) Regardless of the APSSD's fiscal year, each APSSD shall submit to the Commissioner, or his or her designee, audited financial statements based on the July 1 to June 30 school year. The audited financial statements shall be postmarked on or before November 1, or the following business day if November 1 falls on a weekend or holiday.

The APSSD shall engage to conduct the annual audit only an independent registered municipal accountant of New Jersey or an independent certified public accountant of New Jersey who holds a valid registration license as a public school accountant of New Jersey.
The APSSD shall ensure the auditor's independent status in accordance with the Code of Professional Conduct and General Principles and Responsibilities issued by, and available from, the American Institute of Certified Public Accountants (AICPA).
Additionally, upon review by the Department, an auditor shall not be considered independent if he or she may have been influenced by other parties, including, but not limited to, APSSD directors or other staff, or by conflicting interests such as if the independent auditor or members of his or her firm are engaged to perform services other than the year-end audit and tax return functions for the APSSD. If the Department determines an independent auditor engaged to conduct the APSSD's annual audit has not acted independently, the Department may take any and all appropriate action.

(b) The audit shall follow generally accepted auditing standards (GAAS), as set forth by the Auditing Standards Board (ASB) in the Codification of Statements on Auditing Standards, 2015, published for the American Institute of Certified Public Accountants, (1211 Avenue of the Americas, NYC, NY 10036-8775), incorporated herein by reference, as amended and supplemented, and when applicable; the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Audit issued by the Federal Office of Management and Budget; or NJOMB Circular Letter 15-08, as amended and supplemented. The APSSD shall ensure the use of the auditing guidelines as published and distributed by the Commissioner, or his or her designee.

The APSSD shall ensure the audit includes basic financial statements, required supplementary information, schedules, and narrative explanations.

(c) The APSSD shall ensure the audited financial statements reflect the certified actual cost(s) per student as determined by an independent auditor and final tuition rate(s) charged at the end of the school year as determined by the APSSD's management.

(d) The APSSD management representative(s) shall discuss with the auditor the results of the auditor's determination of the certified actual cost per student for management to determine the final tuition rate charged as a result of the audit.

The APSSD shall charge as the final tuition rate an amount equal to or less than the certified actual cost per student.
The APSSD shall ensure the audit report contains a letter signed by both the independent auditor and an authorized school representative indicating both parties have met and discussed the audit, and the determination of the final tuition rate charged was a management decision.

(e) Within 60 days of receipt of the year-end audit, APSSD management shall develop a corrective action plan pursuant to this subchapter in response to recommendations contained in the year-end audit, and shall submit the corrective action plan to the Commissioner, or his or her designee, for review and approval. The corrective action plan shall be on a form prescribed by the Commissioner, or his or her designee.

(f) The APSSD shall not amend the final tuition rate charged after approval by the Commissioner, or his or her designee.

(g) Any adjustment(s) that results from the approval following a compliance review of the audited financial statements performed by the Commissioner, or his or her designee, and that is in excess of $ 10.00 per sending district board of education shall be paid in accordance with N.J.A.C. 6A:23A-18.3(l) and (m).

(h) An APSSD that files an audit postmarked after November 1 shall cause the tentative tuition rate per student for the ensuing school year to be calculated based upon the audited actual cost per student for the school year two years prior to the current school year, and the provisions of N.J.A.C. 6A:23A-18.3(j) shall not apply.

(i) Failure to comply with this section may result in the Commissioner, or his or her designee, placing the APSSD on conditional approval status.

(j) Upon request, the APSSD shall submit to the Department a copy of the APSSD corporation's agency-wide audited financial statements.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.11 Appeals

(a) The decision of the Commissioner, or his or her designee, regarding the calculation of the tentative tuition rate, pursuant to N.J.A.C. 6A:23A-18.3(j), the approval of a tentative tuition rate pursuant to N.J.A.C. 6A:23A-18.4, and conditional approval status pursuant to N.J.A.C. 6A:23A-18.10(i) may be appealed in accordance with N.J.A.C. 6A:3, Controversies and Disputes.

(b) The decision of the Commissioner, or his or her designee, regarding certification may be appealed in accordance with N.J.A.C. 6A:3.

(c) The decision of the Commissioner regarding N.J.A.C. 6A:23A-18.4 may be appealed in accordance with N.J.A.C. 6A:4. For purposes of this subchapter, a decision by the Commissioner's designee shall not constitute final agency action.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.12 Roundtable work group

The Commissioner, or his or her designee, may create a working group that may consist of, at the Commissioner's discretion, Department staff, representative(s) from the APSSD community, or others as the Commissioner so shall designate. The working group's purpose shall include, but shall not be limited to, discussing issues that impact APSSDs. Any such discussions or actions of the working group are non-binding. Such working group may be disbanded without prior notice and at any time at the Commissioner's discretion.

History

Adopted by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.13 Out-of-State approved private schools for students with disabilities

(a) An out-of-State private school for students with disabilities shall be approved to provide special education programs by the department of education of the state in which the private school is located. Exceptions may be made only at the discretion of the Department's Office of Special Education Programs in accordance with N.J.A.C. 6A:14-7.1(f).

(b) The Commissioner shall abide by the tuition regulations for an APSSD adopted by the department of education or other regulatory agency in the state in which the private school for students with disabilities is located. The APSSD shall submit to the Commissioner verification of the tuition rate's approval either on Commissioner-prescribed forms or verification from the out-of-State department of education or other regulatory agency.

(c) If the out-of-State APSSD is located in a state in which the department of education or other regulatory agency does not approve or sanction tuition rates, such tuition rates shall be determined in the following manner:

The out-of-State APSSD and the sending district board of education or state agency that determined the placement shall mutually agree to the tuition rate. The tuition rate shall be agreed upon prior to the child's placement, and documentation indicating agreement of the rate shall be forwarded to the Commissioner.
An out-of-State APSSD that is licensed as a child care facility by the New Jersey Department of Human Services shall determine a tuition rate through mutual agreement between the out-of-State APSSD, the sending district board of education, and the Department of Human Services, Office of Education. The tuition rate shall be agreed upon prior to the child's placement and documentation of the rate shall be forwarded to the Commissioner.
If a tuition rate cannot be mutually agreed upon in accordance with (c)1 or 2 above, the out-of-State APSSD shall file a budget in a format prescribed by the Commissioner, or his or her designee, to determine a tentative tuition rate and shall comply with the subchapter's provisions to collect tuition from a sending district board of education, charter school board of trustees, or agency. The cost of the audit required pursuant to N.J.A.C. 6A:23A-18.10 may be charged to the sending district board of education or agency that did not mutually agree to the tuition rate.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.14 Inspection of records

(a) All financial and accounting records maintained by the APSSD, as required by this subchapter, shall be open during normal business hours for review and audit by the Commissioner, or his or her designee, for the period indicated in N.J.A.C. 6A:23A-18.5(a)20.

(b) All financial and accounting records maintained by a related party, as defined by N.J.A.C. 6A:23A-18.6(a)45, that pertain to a transaction(s) or the relationship between the related party and the APSSD shall be open during normal business hours for review and audit by the Commissioner, or his or her designee, for the period indicated in N.J.A.C. 6A:23A-18.5(a)20.

(c) All auditor's workpapers used in the preparation of the year-end audited financial statements shall be open during normal business hours for review by the Commissioner, or his or her designee, for the period indicated in N.J.A.C. 6A:23A-18.5(a)20.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.15 Fiscal monitoring of approved private schools for students with disabilities and corrective action plans

(a) The Commissioner, or his or her designee, shall monitor APSSDs in accordance with this subchapter. On-site monitoring shall be conducted at least every six years.

(b) The monitoring process may include, but is not limited to, all financial information required in this subchapter.

(c) After the monitoring process is completed, a report shall be written and sent to the APSSD, the executive county superintendent, and the APSSD's independent auditor for the period(s) under audit.

(d) If the APSSD receives a final report that indicates noncompliance, a corrective action plan shall be developed and submitted, on a form prepared by the Commissioner, or his or her designee, to the Department for approval within 30 days of the final report's receipt.

(e) The corrective action plan shall include, but not be limited to, the following:

Objective and strategies for correcting each noncompliance item; and

The dates by which noncompliance will be corrected.

(f) When an APSSD is determined to be in noncompliance, the Commissioner may:

Issue a conditional approval status when noncompliance with State regulations and requirements and/or implementation of the corrective action plan is demonstrated;
Immediately remove program approval when it is documented that the health, safety, or welfare of students is in danger.

(g) The actions of the Commissioner, or his or her designee, may be appealed according to N.J.A.C. 6A:3 and/or N.J.A.C. 6A:23A-18.11, as applicable.

(h) The Department annually shall publish the results of the fiscal monitoring of APSSDs, as well as the audited financial statements and associated reports or documents.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.16 Fiscal and budget information

(a) In accordance with a timeline and format prescribed by the Commissioner, or his or her designee, each APSSD shall submit information to the Commissioner, or his or her designee, including, but not limited to:

Fiscal and program information, including:

i. The number of students served;

ii. The number of each class type;

iii. Number of schools days;

iv. The daily hours in session; and

v. Revenues, appropriations, and supporting documents;

Staffing information, including, but not limited to:

i. A staff roster, which may include requested information, such as names, job titles, salaries, hours worked, and certification(s), degree(s), and license(s) held;

An affidavit the program meets the standards of, and is conducted in full compliance with, the Individuals with Disabilities Education Act; Section 504 of the Rehabilitation Act of 1973; Title II and III of the Americans with Disabilities Act, P.L. 101-336; N.J.S.A. 18A:46-1 et seq.; this subchapter; and N.J.A.C. 6A:14; and
An affidavit the owner(s)/operator(s) of the program is aware of the non-allowable costs contained in N.J.A.C. 6A:23A-18.6 and the costs charged as allowable costs in the APSSD tuition rate are consistent with a student with disabilities' IEP and shall be reasonable, that is, ordinary and necessary and not in excess of the cost incurred by an ordinarily prudent person in the administration of public funds.

(b) The Department annually shall publish a Taxpayer's Guide to Education Spending for APSSDs.

(c) An APSSD shall have a copy of the board of director's minutes, or the minutes of the partners meetings for a partnership, available upon the Department's request.

History

Amended by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.17 Failure to comply with Department directives

The Department may place an APSSD on conditional approval status if the APSSD fails to comply with Department regulations such as, but not limited to, failure to refund tuition funds as a result of a Department tuition audit or failure to provide requested documentation.

History

Adopted by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.18 Sale or disposition of assets of an approved private school for students with disabilities

(a) In the event of the bulk sale or non-bulk sale of the capital assets of an APSSD to any individual or entity, including another APSSD, the selling APSSD shall:

Agree to an independent valuation of the acquired assets for the purpose of allocation of the total purchase price to the various acquired capital assets;
Enter into a written agreement of sale that references and incorporates the values presented in the independent valuation of the acquired capital assets. The written agreement of sale shall clearly identify the transferred capital assets and, at a minimum, include the date(s) of acquisition and historical cost(s), the dates of capital improvement(s) and historical cost(s), the term of depreciation, the method of depreciation, and the accumulated depreciation for financial purposes of each transferred capital asset. The written agreement of sale shall allocate the total consideration provided to the selling APSSD based upon the independent valuation of the acquired assets;
Within 30 days of sale, the selling APSSD shall provide the Department with a copy of the sale agreement, the independent valuation of the capital assets, and the allocation of the purchase price as defined in Internal Revenue Code (IRC) Section 1060 and documented by Internal Revenue Service Form 8594 or successor form;
The selling APSSD shall include in the annual audited financial statement as required by N.J.A.C. 6A:23A-18.10 in the year of sale, a separate schedule showing the sale or disposition of its assets and any corresponding tuition refund(s) to the sending district(s) based on the sale of assets (books, supplies, desks, computers, equipment under $ 2,000, depreciable equipment, etc) other than Class VI or VII as defined in the IRC cited above (goodwill, going concern, etc);

If the buying entity is a new or existing APSSD, establish the APSSD's beginning book value for each acquired asset using the independent valuation and the written agreement of sale, except as provided for in (a)6 below; and

If the buyer is an APSSD that is a less-than-arm's-length buyer or a related party to the selling APSSD, the buying APSSD shall carry forward the selling APSSD's acquisition dates(s), historical cost(s) plus improvements, term and method of financial depreciation, accumulated depreciation, and book value of the acquired asset(s) for purposes of determining the allowable annual depreciation or amortization pursuant to the acquisition.

(b) In the fiscal year of the sale or disposition pursuant to (a) above, the gain or loss on the sale of capital or non-capital asset(s) shall not be included in the calculation of allowable costs used to determine the certified actual cost per student, the calculation of surcharge pursuant to N.J.A.C. 6A:23A-18.7, or public school placement restricted working capital pursuant to N.J.A.C. 6A:23A-18.8.

(c) In addition to the provisions of (a) above, the following conditions shall apply in the event of a sale of real property by an APSSD:

If the selling APSSD acquires real property placed in service for the express purpose of operating the APSSD using all of the proceeds from the sale of real property within 30 business days of the sale, the selling APSSD shall not be subject to (c)2 through 4 below.
The selling APSSD shall immediately deposit the proceeds received upon the sale at settlement into a bank account maintained by the APSSD and credited to the retained earnings of the profit-making APSSD or the working capital from sale of real property account of the nonprofit APSSD, except for the simultaneous purchase of real property placed in service for the express purpose of operating the APSSD. The sale and treatment of the proceeds shall be included in a separate schedule in the annual audited financial statement as required by N.J.A.C. 6A:23A-18.10 in the year of sale and all subsequent years through the fiscal year in which any corresponding tuition refund(s) has been completed.

The selling profit-making APSSD shall:

i. Not withdraw any amount deposited pursuant to (c)1 above from the APSSD-maintained bank account and/or retained earnings for a period of 12 months, except to acquire real property to be owned by the APSSD and to be placed in service for the express purpose of operating the APSSD, or to distribute proceeds as provided for in (c)3ii below; and

ii. Within 13 months after the sale, distribute the proceeds not used to acquire real property owned by the APSSD and placed in service for the express purpose of operating the APSSD from retained earnings to sending school districts that paid tuition to the APSSD during the five years of operation prior to and including the year of sale as set forth below:

(1) The amount of sale proceeds to be refunded to the sending school districts shall be equal to, but shall not exceed, the allowable accumulated depreciation of the property;

(2) The distribution shall be based on the ratio of each sending district board of education's total ADE in the APSSD to the APSSD's total ADE for the five years of operation prior to and including the year of sale or disposition of the real property;

(3) Remaining proceeds may remain in the APSSD's retained earnings for use at the discretion of the profit-making APSSD's management;

(4) Interest earned on the sale proceeds shall be subject to the provisions of N.J.A.C. 6A:23A-18.7; and

(5) The APSSD shall provide a listing of the total distribution of retained earnings to the Department within 90 days of filing the required year-end audited financial statements for the year the required distribution of retained earnings is reported.

The selling nonprofit APSSD shall:

i. Not withdraw any amount deposited pursuant to (c)1 above from the APSSD-maintained bank account and/or working capital for a period of 12 months, except to acquire real property to be owned by the APSSD and to be placed in service for the express purpose of operating the APSSD, or to distribute working capital as required by N.J.A.C. 6A:23A-18.5(a)21.

ii. Within 13 months after the sale by the APSSD, distribute the proceeds not used to acquire real property owned by the APSSD and placed in service for the express purpose of operating the APSSD, or distributed as required by N.J.A.C. 6A:23A-18.5(a)21 to sending school districts that paid tuition to the APSSD during the five years of operations prior to and including the year of sale as set forth below:

(1) The amount of sale proceeds to be refunded to the sending school districts shall be equal to, but shall not exceed, the allowable accumulated depreciation of the property;

(3) Remaining proceeds may be transferred to the APSSD's working capital account within the limitations at N.J.A.C. 6A:23A-18.8 for use at the discretion of the APSSD's management; and

(4) Interest earned on the sale proceeds shall be subject to the provisions of N.J.A.C. 6A:23A-18.8.

(d) In the event of a sale of stock representing ownership of a profit-making APSSD, the new owner of the APSSD assumes the carryover book value of all assets and liabilities held by the profit-making APSSD. Any gain or loss on the sale of the stock shall be outside of the operations of the APSSD and shall not impact the calculation of the certified actual cost per student or the surcharge pursuant to N.J.A.C. 6A:23A-18.7 in the year of sale or disposition.

History

Adopted by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.19 Annual disclosure statement

(a) Annually, each APSSD shall file a management disclosure of information statement with the Department on a form prescribed by the Commissioner, or his or her designee. The statement shall be signed by the director, owner, or president of the APSSD who is filing the statement. The signature shall constitute a representation of the accuracy of the statement's contents.

(b) All disclosure statements filed shall include, but shall not be limited to, salary, pension, and other information regarding staff members, related staff, related parties, vendors, and business interests.

(c) Annual disclosure statements shall be filed on November 1, 2017, and, thereafter, on or before November 1 of each subsequent calendar year.

(d) All annual disclosure statements filed shall be considered public records.

(e) An APSSD that fails to file a statement, or files an annual disclosure statement containing information the statement filer knows to be false, shall be subject to reporting to appropriate State agencies and/or be assessed non-allowable costs documented in its annual audited financial statements as applicable in this subchapter. Nothing in this subsection shall be construed to prevent or limit criminal prosecution.

History

Adopted by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.20 Nepotism

(a) Each APSSD shall develop and implement a nepotism policy to be included in the employee handbook, pursuant to N.J.A.C. 6A:23A-18.5(f). The policy shall include the following:

A definition of "relative" consistent with N.J.S.A. 52:13D-21.2 and N.J.A.C. 6A:23A-1.2, and a definition of "member of immediate family" consistent with N.J.S.A. 52:13D-13 and N.J.A.C. 6A:23A-1.2;
A provision prohibiting any relative of an APSSD official from being employed in an office or position at the APSSD, unless:

i. The relative is properly qualified for the position;

ii. The relative is properly licensed for the position; and

iii. The relative's salary and fringe benefits are comparable to a person of like experience and education.

(b) Nepotism shall be disclosed in the annual disclosure statement filed pursuant to N.J.A.C. 6A:23A-18.19. If the relative relationship is unknown at the time the disclosure form is filed, the APSSD shall file an updated annual disclosure form immediately upon the statement filer obtaining knowledge of the relationship.

History

Adopted by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.21 Travel

(a) Each APSSD shall ensure the effective and efficient use of funds by adopting and implementing policies and procedures related to the use of funds for travel by its employees and officials.

(b) Travel expenditures shall be defined as the costs paid by the APSSD, whether directly by the APSSD or by employee reimbursement, for travel by APSSD employees to training and seminars, conventions and conferences, and APSSD-sponsored events or attendance at meetings or conferences. Costs may include transportation, meals, lodging, and registration or conference fees directly related to participation in an event. Travel expenditures shall not include the cost of mileage reimbursement or tolls for travel carried out in the performance of regularly assigned job functions such as, but not limited to, travel between commonly owned APSSDs.

(c) Regular business travel expenditures shall be educationally necessary and fiscally prudent and shall be directly related to, and within the scope of, the employee's or APSSD's current responsibilities and/or professional development plan(s).

(d) The amount of travel expenditures included within the certified actual cost per student each year shall be the lesser of the following:

One-quarter of one (.25) percent of an APSSD's total actual allowable costs in the current fiscal year, not including travel expenditures; or
Twenty thousand dollars ($ 20,000).

(e) APSSDs may apply for a waiver of the travel expenditure limitations in (d) above. Waiver requests shall be in writing and submitted to the Commissioner, or his or her designee, prior to the end of the fiscal year for which the waiver is sought. Waiver requests shall be submitted in advance of the travel and will be approved only in instances where the APSSD demonstrates that, due to the limitations imposed under (d) above, APSSD staff attendance at a necessary or required professional development opportunity or training will result in non-allowable costs.

The name, location, and date(s) of the event supported by a copy of the agenda or program for the event;
A statement justifying the necessity for each staff member(s) attendance, including the primary purpose of the event, the relevance of the event to the staff member's work duties, and how the event will improve instruction or the operation of the APSSD; and
A detailed budget for the event, including, but not limited to, the travel method(s) and cost, identification of the hotel or other accommodation and the rate per night, total meal allowance, and the cost of registration.

(f) Any travel expenditure(s) that exceeds the limits in (d) above without an approved waiver shall be considered a non-allowable cost consistent with N.J.A.C. 6A:23A-18.6(a)70.

(g) The following types of expenditures shall not be eligible for inclusion in the certified actual cost per student:

Travel expenditures by employees whose duties are unrelated to the travel event's purpose or who are not required to attend to meet continuing education requirements or to comply with law or regulation;
Travel by spouses, civil union partners, domestic partners, immediate family members, or other relatives or unrelated persons who are not school employees;
Costs for employee attendance for coordinating other attendees' accommodations at the travel event;
Lunch or refreshments for training sessions, professional development, and retreats held within the APSSD, including in-service days beyond the limitations at N.J.A.C. 6A:23A-18.6(a)18;
Training to maintain a certification that is not required as a condition of employment;
Charges for laundry, valet service, or entertainment;
Limousine services and chauffeuring costs to or during an event;
Alcoholic beverages;
Entertainment costs, including, but not limited to, amusement, diversion, and social activities, and any directly associated costs;
Gratuities or tips in excess of those permitted by the Federal per diem rates;
Hospitality rooms;
Souvenirs, memorabilia, promotional items, or gifts;
The cost associated with a conference, meeting, or seminar held in countries not contiguous to the United States; and
Other travel expenditures that are unnecessary and/or excessive.

History

Adopted by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.22 Behavior modification

(a) APSSDs recording expenditures for behavior modification shall adopt a policy that defines the procedures, evidence-based strategies, techniques, and approaches used in the APSSD's behavior modification program.

(b) Behavior modification, provided pursuant to (a) above, shall not include:

Cash or checks;
The replacement of meals or components of meals on a regular basis outside of special achievements outlined in the policy described in (a) above; or
High-dollar value items such as personal electronics.

History

Adopted by 49 N.J.R. 1855(a), effective 7/3/2017

N.J. Admin. Code § 6A:23A-18.23 Child nutrition

(a) APSSDs may provide meals to students that align to the Dietary Guidelines for Americans, using United States Department of Agriculture's meal patterns reviewed and/or approved by the New Jersey Department of Agriculture. The costs associated with providing meals may be included in the certified actual cost per student if the following requirements are met:

Nonprofit APSSDs shall:

i. Ensure the menu is approved by the New Jersey Department of Agriculture;

ii. Apply for and receive funding from the Child Nutrition Program administered by the New Jersey Department of Agriculture;

iii. Charge students for a reduced and/or paid meal; and

iv. Not have total food service costs, net of the reimbursement and/or sales pursuant to (a)1iii above, that exceed the maximum daily price schedule for a high school published annually by the New Jersey Department of Agriculture. Excess expenditures are non-allowable costs, except for where they are solely attributable to substitutions to meals when the disability restricts the child's diet.

For-profit APSSDs shall:

i. Ensure the menu is approved by the New Jersey Department of Agriculture;

ii. Charge students for a reduced and/or paid meal; and

iii. Not have total food service costs, net of the reimbursement and/or sales pursuant to (a)2ii above, that exceed the maximum daily price schedule for a high school published annually by the New Jersey Department of Agriculture. Excess expenditures shall be deemed non-allowable costs, except for where they are solely attributable to substitutions to meals when the disability restricts the child's diet.

(b) The cost of meals for staff shall not be included in the certified actual cost per student.

History

Adopted by 49 N.J.R. 1855(a), effective 7/3/2017

Subchapter 19 EMERGENCY STATE AID AND RESIDENCY DETERMINATION

N.J. Admin. Code § 6A:23A-19.1 Emergency aid

(a) For the purposes of this subchapter, a district board of education does not include an educational services commission or jointure commission.

(b) A district board of education may request emergency aid pursuant to N.J.S.A. 18A:58-11 as follows:

The district board of education shall submit to the executive county superintendent the following:

i. A resolution that indicates the specific requested amount of emergency aid and identifies the emergency condition that exists within the school district;

ii. A detailed statement about the emergency condition that indicates the reason why the condition was unforeseeable and/or why the costs associated with the condition were unforeseeable;

iii. The district board of education secretary's latest monthly financial report, accompanied by a statement showing the projected end-of-the-year general fund free balance and a detailed accounting of how the emergency aid will be expended; and

iv. A statement included in the district board of education's minutes that no other funds can be reallocated within the existing budget for the emergency condition without adversely impacting the district board of education's ability to meet the New Jersey Student Learning Standards.

The district board of education shall separately account for disbursements against emergency aid funds in its general fund accounting records.

(c) The executive county superintendent may request additional documentation as deemed necessary to support a district board of education's request for emergency aid.

(d) The executive county superintendent shall submit a recommendation regarding a request for emergency aid and all of the information submitted by the district board of education making the request to the Division of Finance and Business Services to determine whether to recommend to the Commissioner that a request be sent to the State Board of Education for approval.

In determining whether a recommendation for emergency aid will be sent to the State Board of Education, the Department will consider the extent the district board of education budgeted an adequate level of surplus for unexpected expenditures.
If the district board of education did not budget an adequate level of surplus, the Department will not recommend the emergency aid request.

(e) The State Board of Education will review any emergency aid requests that have been recommended and will fully approve, partially approve, conditionally approve, or deny an emergency aid request.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:23A-19.2 Method of determining the district of residence

(a) The district of residence for school funding purposes shall be determined according to the following criteria:

The "present district of residence" of a child in a residential State facility, pursuant to the definition of "resident enrollment" at N.J.S.A. 18A:7F-45 and referred to at N.J.S.A. 18A:7B-12.b, means the New Jersey district of residence of the child's parent(s) or guardian(s) as of the last school day prior to October 16.
The "present district of residence" of a child placed by a State agency in a group home, skill development home, approved private school for students with disabilities, or out-of-State facility, also referred to at N.J.S.A. 18A:7B-12.b, means the New Jersey district of residence of the child's parent(s) or guardian(s) as of the date of the child's most recent placement by the State agency. In subsequent school years spent in the educational placement made by a State agency, the child's "present district of residence" shall be determined in the same manner as for a child in a residential State facility as set forth at (a)1 above.
If the State becomes the child's legal guardian after the date of the child's initial placement by a State agency, or if the child has resided in a domestic violence shelter, homeless shelter, or transitional living facility located outside the district of residence for more than one year, the State will assume financial responsibility for the child's educational costs in subsequent school years.

(b) The Commissioner, or the Commissioner's designee, shall determine the "present district of residence" or "district of residence" referred to at N.J.S.A. 18A:7B-12.b based upon the address submitted by the Department of Corrections, the Department of Children and Families, or the Juvenile Justice Commission on forms prepared by the Department of Education.

(c) The Department shall notify the district board of education of the determination of the district of residence. To prevent a lapse in the child's education and/or child study services, the district board of education shall be bound by the determination unless and until it is reversed on redetermination or appeal pursuant to (e) and (f) below.

(d) A district board of education contesting the Department's determination of district of residence shall submit to the Division of Finance and Business Services, a written notification of the dispute within 30 days of the receipt of a final notice that a child was determined to be a resident of the school district for purposes of State funding. As part of this written notice, the following information shall be submitted:

A written statement detailing the effort of the district board of education to verify the determination of the Department;
Written rationale for rejecting the Department's determination; and

Any additional information the district board of education has obtained that might enable redetermination of the district of residence.

(e) The Division of Finance and Business Services shall attempt to resolve the dispute administratively and shall notify the district board of education whether a redetermination of district of residence will be made within 90 days of the receipt of written notification that a dispute exists.

(f) A district board of education may initiate a formal proceeding before the Commissioner to resolve such a dispute if the Division of Finance and Business Services is unable to resolve a dispute within the 90-day time limit, by filing a Petition of Appeal with the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

(g) In accordance with N.J.S.A. 18A:7B-12, the district of residence for a homeless child whose parent(s) or guardian(s) temporarily moves from one school district to another is the school district in which the parent(s) or guardian(s) last resided prior to becoming homeless. This school district shall be designated as the district of residence until the parent(s) or guardian(s) establishes a domicile in a new school district in accordance with N.J.S.A. 18A:38-1.d and, unless the child lives in one of the dwellings set forth at (a)3 above, the new school district shall become the district of residence pursuant to N.J.S.A. 18A:38-1.d.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-19.3 Address submission for determining the district of residence

(a) The address submitted to the Department for determining the district of residence for school funding purposes for a child described below shall be the address defined below:

If the State has custody of the child or if a court or the State has appointed a third party as the child's custodian, the present address of the parent(s) or guardian(s) with whom the child resided immediately prior to the child's most recent admission to a State facility or placement by a State agency shall be submitted. If the child resides in a resource family home where the child was placed prior to September 9, 2010, the present address of the resource family parent(s) shall be submitted pursuant to N.J.S.A. 18A:7B-12.a(1). For a child placed in a resource family home on or after September 9, 2010, the present address of the parent(s) or guardian(s) with whom the child lived prior to such placement shall be submitted pursuant to N.J.S.A. 18A:7B-12.a(2).
If the child's parents are divorced with joint guardianship, the present address of the individual parent with whom the child resided as of the date required at N.J.A.C. 6A:23A-19.2(a)1 or 2 shall be submitted.
If the child's parents are divorced with joint guardianship and the child resides with each parent equally, the present address of both parents as of the date required at N.J.A.C. 6A:23A-19.2(a)1 or 2 shall be submitted.
If the child's sole parent or legal guardian resides in a State facility, the State will assume financial responsibility for the child's educational costs until such time as the parent or guardian no longer resides in the State facility.
If the child resides in a non-resource family home with a relative for less than one year immediately prior to the child's most recent admission to a State facility or most recent placement by a State agency, the present address of the child's parent(s) or guardian(s) at the time of this placement shall be submitted.
If the child resides in a non-resource family home with a relative pursuant to N.J.S.A. 18A:38-1.d for one or more years immediately prior to the child's most recent admission to a State facility or most recent placement by a State agency, the present address of the child's relative(s) at the time of this placement shall be submitted.
If the child is age 18 or older or has been legally emancipated; and has lived on the child's own before the initial placement, the present address of the child as of the date required at N.J.A.C. 6A:23A-19.2(a)1 or 2 shall be submitted.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

Subchapter 20 PURCHASE AND LOAN OF TEXTBOOKS

N.J. Admin. Code § 6A:23A-20.1 Eligibility

(a) For the purposes of this subchapter, a district board of education does not include an educational services commission or jointure commission.

(b) Pursuant to N.J.S.A. 18A:58-37.1 et seq., each district board of education shall be required to purchase and to loan without charge, upon individual requests, textbooks to students in the nonpublic schools located within the school district when such students are residents of New Jersey.

(c) Children who are enrolled in a nonpublic school whose parents or legal guardians do not maintain a residence in the State, and children whose tuition is paid by a district board of education shall not be eligible to receive textbooks.

History

Amended by R.2006 d.361, effective 10/2/2006.
See: 38 N.J.R. 2333(a), 38 N.J.R. 4178(b).
In (b), inserted "school" preceding "district".
Recodified from N.J.A.C. 6A:23-6.1 by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).

N.J. Admin. Code § 6A:23A-20.2 Responsibility of the district board of education

A district board of education shall distribute to all students on an equitable basis existing book stocks and newly purchased textbooks purchased pursuant to N.J.S.A. 18A:58-37.1 et seq. A district board of education shall not discriminate against students in either public or nonpublic schools.

History

Amended by R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:23-6.2 by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).

N.J. Admin. Code § 6A:23A-20.3 Individual requests

(a) Individual written requests signed by the parent(s) or legal guardian(s) of nonpublic school students for the loan of textbooks shall be addressed to the district board of education in which the nonpublic school is located.

(b) Individual requests shall be submitted directly to the district board of education in which the nonpublic school is located or to the nonpublic school. In the latter case, the nonpublic school official shall forward the requests collectively to the district board of education.

(d) A district board of education shall purchase textbooks in accordance with district board of education policy and purchasing practices.

(e) Students attending public schools are not required to submit such requests.

History

Amended by R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
In (d), substituted "A district board of education shall purchase textbooks" for "Textbooks purchased shall be ordered"; substituted references to are for shall throughout.
Recodified from N.J.A.C. 6A:23-6.3 by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).

N.J. Admin. Code § 6A:23A-20.4 Ownership and storage of textbooks

(a) All textbooks purchased pursuant to N.J.S.A. 18A:58-37.1 et seq., remain the property of the district board of education, which shall indicate ownership by labeling each book.

(b) The district board of education shall be responsible for the receipt of the textbooks from the vendor and maintaining an inventory of such textbooks.

(c) The district board of education may require that the textbooks be returned to the district board of education at the end of the school year, or may enter into agreements with the nonpublic schools to store the books. In the event of such agreement(s), the district board of education shall not pay storage charges of any kind to the nonpublic schools for this service.

History

Amended by R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
Recodified from N.J.A.C. 6A:23-6.4 by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).

N.J. Admin. Code § 6A:23A-20.5 Accounting entries

(a) Expenditures for the purchase of textbooks may include the cost of freight or postage for transporting the books from the vendor to the district board of education.

(b) The district board of education shall enter the cost of textbooks for students enrolled in its public schools in the general current expense fund in the account designated in the minimum chart of accounts. The cost of electronic textbooks shall be treated in the same manner.

(c) The district board of education shall enter the cost of textbooks for nonpublic school students in the special revenue fund in the account designated in the minimum chart of accounts. The district board of education shall record State aid received pursuant to N.J.S.A. 18A:58-37.1 et seq. separately in the special revenue fund as State aid.

History

Amended by R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
Recodified from N.J.A.C. 6A:23-6.5 by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).

N.J. Admin. Code § 6A:23A-20.6 Charge for textbook loss or damage

(a) Each district board of education shall make reasonable rules and regulations governing the loan of textbooks, which may contain requirements for students to reimburse the district board of education for damage, loss, or destruction of the loaned textbooks.

(b) These rules and regulations shall be applicable to both public and nonpublic school students.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

Subchapter 21 MANAGEMENT OF PUBLIC SCHOOL CONTRACTS

N.J. Admin. Code § 6A:23A-21.1 Change orders and open-end contracts

(a) Changes in quantities, work performed, services rendered, materials, supplies, or equipment delivered or provided shall not be authorized, permitted, or accepted, except by the procedures established in this section. All change orders shall be in accordance with N.J.A.C. 5:30-11, as applicable, and the following:

Each change order shall be in writing and shall be numbered consecutively (beginning with the number one) for each project or contract;
Change orders that result in payment reduction below the originally contracted price may be made by locally established procedure, provided that any change orders increasing costs on the same contract shall include reference to such reductions;
Quantities of items or work shall not be changed in such a manner as to nullify the effect of the competitive determination of lowest responsible price that was made at the time of contract award, provided that at said time the changes could have been reasonably foreseen; and

Responsibilities that are required by this section to be exercised specifically by the district board of education or charter school board of trustees may not be delegated. In those instances in which authority is to be exercised by a school official, the authority, responsibility, and required procedures shall be clearly spelled out in advance, by resolution.

(b) Orders placed under open-end contracts shall not be considered change orders for purposes of this section.

(d) Change orders for contracts for materials, supplies, and equipment that are not part of a capital project contract shall be governed by the following:

Change orders may be used to change the number of units or items originally advertised and contracted for, provided:

i. Unit prices were sought at the time of advertising and included in the contract; and

ii. The advertising and the contract included a provision that the unit prices could be so used.

Change orders shall not be used to substantially change the quality or character of the items to be provided, inasmuch as such factors would have been a factor in the original bidding.
The net cost of changes shall not exceed the originally awarded contract price by more than 20 percent.
Availability of funds shall be certified by the school business administrator/board secretary prior to authorizing any change orders that increase costs.
Changes may be effectuated by the school official authorized to serve as purchasing agent, subject to contracts or approval requirements the district board of education or charter school board of trustees lawfully imposes.

Change orders may be authorized by the purchasing agent for price adjustment for petroleum products, provided:

i. The school board attorney has determined that such a price adjustment is authorized by law;

ii. The original bidding specifications and contract so authorize;

iii. An objective price benchmark not under the direct control of the supplier is utilized to establish the price changes, and the changes are not for the purpose of correcting asserted bidding errors; and

iv. Adequate funds have been certified as being available.

(e) Change order for professional and extraordinary unspecified services (EUS) contracts are governed by the following:

Changes shall be within the scope of activities of the original contract, and not for the purpose of undertaking new or different work or projects. Changes in payments for activities within the scope of the contract's activities shall be in accordance with a schedule of specific charges or rates contained in the contract and shall be effectuated by a written change order authorized by the appropriate school official. If such a schedule is not included in the contract, the contract shall be amended to provide for same.
If the change is not within the scope of the original contract's activities:

i. If the contract was awarded without competitive bidding being required by law or rule (as in the case for professional services and certain authorized extraordinary, unspecifiable services per N.J.S.A. 18A:18A-5.a(2)), any change beyond the original scope of activities may be made by amendatory contract; and

ii. If the consulting contract was not a contract for "professional services," as defined at N.J.S.A. 18A:18A-2.h, and was required to be subject to competitive bidding, any change beyond the original scope of activity shall be by new contract based on new bidding.

The school business administrator/board secretary shall certify the availability of funds and that all required approvals have been received pursuant to N.J.A.C. 6A:23A-13 prior to authorizing any change order that increases costs.
An amendatory contract may be effectuated by the same method required for the authorization of the original contract.

(f) The issuance of purchase orders pursuant to an open-end contract shall be considered to be the carrying out of the contract and not a change order. The following requirements shall apply:

A district board of education or charter school or renaissance school project board of trustees shall not issue or order purchase orders under open-end contracts for purposes that would change the quality or character of items to be provided, or exceed the maximum number(s) of items or units provided for in the original specifications and contract. Such changes may be made only pursuant to an approved change order;
The district board of education or charter school or renaissance school project board of trustees shall execute an open-ended contract for a period not to exceed the requirements of the Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq., unless specifically authorized by law;
The district board of education or charter school or renaissance school project board of trustees shall execute a certificate of availability of funds covering the amount of the order each time an order is placed against the open-ended contract, unless the district board of education or charter school or renaissance school project board of trustees decides to commit and certify at the outset the full amount of the open-end contract. The certificate shall be executed before the district board of education or charter school or renaissance school project board of trustees incurs a contractual liability on its part; and
The school official authorized to serve as purchasing agent pursuant to N.J.S.A. 18A:18A-2 shall place such orders subject to the controls or approval requirements that are lawfully imposed by the district board of education or charter school or renaissance school project board of trustees.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-21.2 Acceptance of bonds pursuant to the Public School Contracts Law

(a) A district board of education or charter school board of trustees may require the following bonds, as authorized at N.J.S.A. 18A:18A-23 through 25:

A performance bond;
A bid bond; and/or
A labor and material bond.

(b) A district board of education or charter school board of trustees may require, in the notice to bidders or in the specifications, that bidders guarantee they will enter into a contract with the district board of education or charter school board of trustees and will furnish any prescribed performance bond or other security required as a guarantee or indemnification. The guarantee may be given, at the option of the bidder, by certified check, cashier's check, or bid bond. When the guarantee is given in the form of a bid bond, the district board of education or charter school board of trustees shall ensure that the bid bond will be given by:

A responsible surety or insurance company licensed to operate in New Jersey. A district board of education or charter school board of trustees shall be prohibited from requiring bidders to submit a bid bond from a particular surety or insurance company; or
A responsible individual residing in New Jersey. The district board of education or charter school board of trustees may reject an individual bid bond if not satisfied with the sufficiency of the individual surety offered.

(c) The district board of education or charter school board of trustees shall ensure that the bond is in the form of a certificate that identifies the bidder whose acts are guaranteed, the name of the surety company, insurance company or individual surety, and the district board of education or charter school board of trustees in whose favor the bonds are given.

(d) The district board of education or charter school board of trustees shall ensure that the "penalty" or "penal sum" on performance bonds, labor and material bonds, and all other such bonds is expressed in words and figures as a specific number of dollars and not as a percentage of the bid.

(e) The district board of education or charter school board of trustees shall ensure that the "penalty" or "penal sum" on performance and labor and material bonds is in the amount of 100 percent of the contract price.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-21.3 Public sale of bonds

(a) A district board of education may accept a financial surety bond in lieu of a certified, cashier's, or treasurer's check as a bid deposit pursuant to N.J.S.A. 18A:24-41.a, and in accordance with N.J.A.C. 5:30-2.10.

(b) A district board of education may conduct the public sale of bonds through the submission of electronic bids or proposals, as authorized at N.J.S.A. 18A:24-36.a, and in accordance with N.J.A.C. 5:30-2.9 and 2.10.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-21.4 Contracts for behind-the-wheel driver education

(a) A district board of education or charter school board of trustees shall negotiate or award, by resolution at a public meeting, contracts with private driver education schools providing behind-the-wheel driver education for any term not exceeding three years in the aggregate, pursuant to N.J.S.A. 18A:18A-42.i, without public advertising for bids. The district board of education or charter school board of trustees shall require through the resolution that the private driver education school shall provide behind-the-wheel driver education that is substantially equivalent to the program provided by the district board of education or charter school board of trustees at a lower cost than current or other proposed programs.

(b) A district board of education or charter school board of trustees shall negotiate or award such contracts with only private driver education schools that hold a current license or certificate of approval issued by the Chief Administrator of the Motor Vehicle Commission for the purpose of providing behind-the-wheel driver education. The district board of education or charter school board of trustees shall obtain from the private driver education school a copy of its current license or certificate of approval and shall maintain the copy on file with the contract.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-21.5 Joint purchasing systems

A district board of education or charter school board of trustees may establish, by resolution, joint purchasing systems, pursuant to N.J.S.A. 40A:11-11. Such joint purchasing system is effective only upon approval of the Director of the Division of Local Government Services in the Department of Community Affairs.

History

Amended by R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
Substituted "is" for "shall become" in the second sentence.
Recodified from N.J.A.C. 6A:23-7.4 by R.2006 d.361, effective 10/2/2006.
See: 38 N.J.R. 2333(a), 38 N.J.R. 4178(b).
Former N.J.A.C. 6A:23-7.5, Multi-year leasing, recodified to N.J.A.C. 6A:23-7.6.
Recodified from N.J.A.C. 6A:23-7.5 by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).

N.J. Admin. Code § 6A:23A-21.6 Multi-year leasing

A district board of education or charter school board of trustees shall execute multi-year leases only as authorized by the Public School Contracts Law at N.J.S.A. 18A:18A-42.f and N.J.S.A. N.J.S.A. 18A:20-4.2(f) and in accordance with N.J.A.C. 5:34-3.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

Subchapter 22 FINANCIAL OPERATIONS OF CHARTER SCHOOLS

N.J. Admin. Code § 6A:23A-22.1 Definitions

The words and terms as used in this subchapter are defined at N.J.A.C. 6A:23A-1.2 and 15.1.

History

New Rule, R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).

N.J. Admin. Code § 6A:23A-22.2 Bookkeeping and accounting for charter schools and renaissance school projects

A charter school board of trustees and renaissance school project board of trustees shall comply with GAAP and other requirements and provisions set forth at N.J.A.C. 6A:23A-16.

History

New Rule, R.2004 d.322, effective 8/16/2004.
See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
Recodified from N.J.A.C. 6A:23-9.2 and amended by R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).
Updated the N.J.A.C. reference.

N.J. Admin. Code § 6A:23A-22.3 Certification

A charter school board of trustees and renaissance school project board of trustees shall employ, or contract with, a person who holds a New Jersey standard or provisional administrator certificate with a school business administrator endorsement, in accordance with N.J.A.C. 6A:9B-12.7 to oversee the school's fiscal operations.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-22.4 Financial requirements

(a) A charter school board of trustees may incur debt for a period no greater than 12 months except:

During the first year the charter school is approved when the debt is incurred by the charter school board of trustees for a period no longer than January 15 of the preceding school year to June 30 of the first school year of the charter; and
For all other years the charter school is approved when the debt incurred by the charter school board of trustees for a period of 12 months or greater is:

i. Fully secured by the value of the real property or other asset, so the total value of all such debt does not exceed the total appraised value of the property or asset by which the debt is secured; and

ii. Non-recourse to the charter school.

(b) A charter school board of trustees or renaissance school project board of trustees may acquire real property by a lease or a lease with an option to purchase for use as a school facility providing that the board of trustees shall ensure:

The lease contains a provision terminating the obligation to pay rent upon the denial, revocation, non-renewal, or surrender of the charter or renaissance school project contract; and
The lease does not contain a provision accelerating the obligation to pay rent in the event of default.

(c) A district board of education shall transmit State and local public funds to a charter school only after the final granting of the charter by the Commissioner has occurred. If funds are withheld pending the final granting of the charter, the district board of education shall pay all withheld funds to the charter school with the first scheduled payment after the effective date of the charter.

(d) A charter school shall be subject to monitoring by the Commissioner to ensure that the percentage of school funds spent in the classroom is at least comparable to the average percentage of school funds spent in the classroom in all other public schools in the State. The calculation for this percentage in both the annual budget and the ACFR is based on NCES, as published by the U.S. Department of Education.

(e) If the Commissioner denies, revokes, or does not renew a school's charter, or a charter school board of trustees surrenders its charter or becomes insolvent, the Commissioner shall equitably distribute all assets of the charter school board of trustees that remain after satisfaction of all outstanding claims by creditors, among the participating district of residence and non-resident school district(s). A charter school board of trustees shall include a provision in its bylaws concerning distribution of assets upon denial, revocation, non-renewal, or surrender of its charter or insolvency of the charter school that is consistent with this rule.

History

Amended by 47 N.J.R. 2498(a), effective 10/5/2015

N.J. Admin. Code § 6A:23A-22.5 Public school contract law

(a) A charter school board of trustees shall be subject to the provisions of the Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq.

(b) Any agency, corporation, person, or entity that enters into a contract or agreement on behalf of a charter school to provide administrative, educational, or other services shall be subject to the provisions of the Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-22.6 Public relations and professional services; board policies; efficiency

(a) Each charter school and renaissance school project board of trustees shall establish by policy(ies), a strategy(ies) to minimize the cost of public relations, as defined at N.J.A.C. 6A:23A-9.3(c)14, and professional services. The policy(ies) shall include, to the extent practicable and cost effective, but need not be limited to, the following provisions:

A maximum dollar limit, established annually prior to budget preparation, for public relations, as defined at N.J.A.C. 6A:23A-9.3(c)14, and each type of professional service, with appropriate notification to the board of trustees if it becomes necessary to exceed the maximum. Upon such notification, the board of trustees may adopt a dollar increase in the maximum amount through formal board action;

Establishment of procedures to ensure the prudent use of legal services by employees and board of trustees members and the tracking of the use of those services;

Charter schools shall establish procedures to effectively manage legal costs. Procedures may include:

i. A limitation on the number of contact persons with the authority to request services or advice from contracted legal counsel;

ii. Criteria or guidance to prevent the use of legal counsel unnecessarily for management decisions or readily available information contained in charter school materials such as policies, administrative regulations, or guidance available through professional source materials;

iii. A provision that requests for legal advice shall be made in writing and shall be maintained on file in the business office and a process to determine whether the request warrants legal advice or if legal advice is necessary; and

A provision that requires that contracts for legal services comply with payment requirements and restrictions pursuant to N.J.S.A. 18A:19-1 et seq. and as follows:

i. Advance payments shall be prohibited;

ii. Services to be provided shall be described in detail in the contract;

iii. Invoices for payment shall itemize the services provided for the billing period; and

iv. Payment shall be only for services actually provided;

Professional services contracts are issued in a deliberative and efficient manner that ensures the charter school receives the highest quality services at a fair and competitive price or through a shared service arrangement. This may include, but is not limited to, issuance of such contracts through a request for proposals (RFP) based on cost and other specified factors or other comparable process; and

Professional services contracts are limited to non-recurring or specialized work for which the charter school does not possess adequate in-house resources or in-house expertise to conduct.

i. Charter schools and renaissance school projects are prohibited from contracting with legal counsel or using in-house legal counsel to pursue any affirmative claim or cause of action on behalf of charter school and renaissance school project administrators and/or any individual board members for any claim or cause of action in which the damages to be awarded would benefit an individual rather than the charter school or renaissance school project as a whole.

ii. Charter school and renaissance school project publications shall be produced and distributed in the most cost-efficient manner possible that will enable the charter school to inform and educate the target community. The use of expensive materials or production techniques where lower cost methods are available and appropriate, such as the use of multicolor glossy publications instead of suitable, less expensive alternatives, is prohibited.

iii. Public relations activities, such as booths at Statewide conferences, marketing activities and celebrations for opening schools and community events, and TV productions that are not part of the instructional program or do not provide, in a cost-effective way, information about charter school or board operations to the public, that are excessive in nature are prohibited. All activities involving promotional efforts to advance a particular position on elections or any referenda are prohibited.

iv. Nothing in this section shall preclude boards of trustees from accepting donations or volunteer services from community members, local private education foundations, and local business owners to conduct or assist in public relations services. Examples include, but are not limited to:

(1) Providing charter school and renaissance school project flyers, newsletters, or other materials containing charter school or renaissance school project related information of public concern to local businesses, public meeting places, or other local organizations to display or make available for dissemination;

(2) Making charter school and renaissance school project related information of public concern available to local newspapers to publish related articles; and

(3) Utilizing volunteered services of local community members, charter school and renaissance school project employees, members of parent organizations, or local businesses with expertise in related areas such as printing, advertising, publishing, or journalism.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-22.7 Charter school and renaissance school project response to Office of Fiscal Accountability and Compliance (OFAC) investigation report

(a) Any charter school and renaissance school project that has been subject to an audit or investigation by the Department's Office of Fiscal Accountability and Compliance (OFAC) shall discuss the findings of the audit or investigation at a public meeting of the charter school or renaissance school project board of trustees no later than 30 days after receipt of the findings.

(b) Within 30 days of the public meeting required at (a) above, the charter school board of trustees or renaissance school project board of trustees shall adopt a resolution certifying that the findings were discussed in a public board meeting and approving a corrective action plan to address the issues raised in the findings. This resolution shall be submitted to OFAC within 10 days of adoption by the board of trustees.

History

New Rule, R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).

N.J. Admin. Code § 6A:23A-22.8 Verification of payroll check distribution

(a) At least once every three years between the months of September through May, charter schools and renaissance school projects shall require each charter school and renaissance school project employee to report to a central location(s) and produce picture identification and sign for release of the employee's paycheck or direct deposit voucher. The charter school or renaissance school project may exclude per diem substitutes from the required verification.

(b) Picture identification shall be in the form of a charter school or renaissance school project issued identification card, valid drivers' license, official passport, or other picture identification issued by a state, county, or other local government agency.

(c) The chief school administrator/lead person shall designate an appropriately qualified staff member to match the picture identification to the employee roster maintained by the office of personnel or human resources prior to release of the paycheck or direct deposit voucher.

(d) Where no appropriate identification can be produced, the school business administrator shall withhold paychecks or stop direct deposits until such time that the payee/charter school employee can produce appropriate identification or until an investigation and corrective action is concluded, as appropriate to the circumstances.

(e) Upon completion of the payroll check distribution verification procedures set forth in this section, the chief school administrator/lead person shall submit a certification of compliance, in a form prescribed by the Department, to the executive county superintendent. Verification of the charter school's or renaissance school project's compliance with the provisions of this section will be required as part of the annual audit.

History

New Rule, R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).
Amended by R.2017 d.088, effective 5/1/2017.
See: 48 N.J.R. 2719(a), 49 N.J.R. 1079(a).
In (a), substituted "At" for "Beginning with the 2009-2010 school year, at" and "charter school" for "district", and deleted a comma following "years"; and in (b), inserted a comma following "passport" and "county".
Modified by Executive Order No. 103(2020), effective 9/30/2020.
See: 52 N.J.R. 1987(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:23A-22.9 Board of trustees expenditures for non-employee activities, meals, and refreshments

(a) The following words and terms used in this section shall have the following meanings, unless the context clearly indicates otherwise:

"Activities" means events or functions provided or held for the benefit of students, dignitaries, and other "non-charter school" employees (for example, parents) that are paid from public funds.
"Dignitary" means a notable or prominent public figure; a high-level official; or one who holds a position of honor. A dignitary, for purposes of this section, is not a charter school employee or board of trustees member.

(b) Allowable expenditures for non-employee charter school and renaissance school project board of trustees activities shall include:

All reasonable costs, including light meals and refreshments, directly related to activities that benefit students and are part of the instructional program, including expenditures for field trips and extracurricular programs that are not solely for entertainment. Nothing in this subsection shall preclude boards of trustees from using student activity funds or accepting donations to support student activities that are solely for student entertainment;
All reasonable costs directly related to activities of dignitaries and other "non-charter school" employees (for example, parents), including light meals, refreshments, and any other directly related expense. It is expected that expenditures for this purpose will be minimal and infrequent;
All reasonable costs of commencement and convocation activities for students; and
Expenditures related to charter school and renaissance school project employees to the extent such employees are essential to the conduct of the activity.

(c) A charter school or renaissance school project board of trustees shall, at a minimum, take actions regarding student activities as follows:

Pre-approve field trip destinations;
Establish dollar thresholds for awards to recognize special accomplishments; and
Establish a budget supported by general fund revenues for each category of activity in a non-discriminatory manner (for example, football, boys soccer, girls soccer, photography club). Student activity funds are excluded.

(d) Pursuant to N.J.S.A. 18A:11-12 and New Jersey Department of the Treasury, Office of Management and Budget Circular 16-11-OMB, Travel Regulations, and 11-09-OMB, Entertainment, Meals, and Refreshments, the following costs shall not be permitted using public funding:

Receptions, dinners, or other social functions held for or honoring any employee or group of employees of the charter school (for example, breakfast, luncheon, dinner, or reception for retirees or award recipients). This does not prohibit charter schools from honoring employees without a social function or using public funds to support reasonable costs of employee recognition awards (for example, teacher of the year awards, years of service awards). Use of public funds for reasonable costs of employee awards is a local discretionary expenditure;
Meals or refreshments served to guests at any athletic event or other games or contests; and
Expenses for alcoholic beverages.

(e) Documentation required to support activities, meals, and refreshments at charter school or renaissance school project events shall be:

A description of the activity;
The purpose/justification of the activity, expressed in terms of the goal(s) or objective(s) of the charter school;
The make-up of the group participating in the activity; and
The names and titles of board of trustee members or employees included in the group.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-22.10 Nepotism policy

(a) As a condition of receiving charter school aid, State school aid, or renaissance school project aid, a charter school or renaissance school project board of trustees shall implement the nepotism policy established by this subsection. The nepotism policy shall include the following:

A definition of "relative" in accordance with N.J.S.A. 52:13D-21.2 and N.J.A.C. 6A:23A-1.2 and a definition of "immediate family member" in accordance with N.J.S.A. 52:13D-13 and N.J.A.C. 6A:23A-1.2;
A provision prohibiting any relative of a board of trustee member, lead person, or chief school administrator from being employed in an office or position in the charter school except that a person employed or to be promoted by the charter school on the effective date of the policy or the date a relative becomes a board of trustees member or chief school administrator shall not be prohibited from continuing to be employed or to be promoted in the school, and a charter school and renaissance school project may employ a relative of a board of trustee member, lead person, or chief school administrator provided the charter school has obtained approval from the executive county superintendent. Such approval shall be granted only upon demonstration by the charter school that it conducted a thorough search for candidates and the proposed candidate is the only qualified and available person for the position;
A provision prohibiting the chief school administrator/lead person from recommending to the board of trustees, pursuant to N.J.S.A. 18A:12-21 through 34, any relative of a board of trustees member or chief school administrator/lead person unless the person is subject to the exception at (a)2 above;
A provision prohibiting a charter school or renaissance school project administrator from exercising direct or indirect authority, supervision, or control over a relative of the administrator. Where it is not feasible to eliminate such a direct or indirect supervisory relationship, appropriate screens and/or alternative supervision and reporting mechanisms must be in place;
A provision prohibiting a charter school or renaissance school project administrator or board of trustees member who has a relative who is a member of the bargaining unit from discussing or voting on the proposed collective bargaining agreement with that unit or from participating in any way in negotiations, including, but not limited to, being a member of the negotiating team; nor should the administrator be present with the board of trustees in closed session when negotiation strategies are being discussed; provided, however, the administrator may serve as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the school can provide such information; and
A provision prohibiting a charter school or renaissance school project administrator who has an immediate family member who is a member of the same Statewide union in a school district or another charter school or renaissance school project from participating in any way in negotiations, including, but not limited to, being a member of the negotiating team or being present with the board of trustees in closed sessions when negotiation strategies are being discussed, prior to the board of trustees attaining a tentative memorandum of agreement with the bargaining unit that includes a salary guide and total compensation package; once the tentative memorandum of agreement is established, a charter school or renaissance school project administrator with an immediate family member who is a member of the same Statewide union in a school district or another charter school or renaissance school project may fully participate in the process, absent other conflicts. Notwithstanding the above in this paragraph, a charter school or renaissance school project administrator who has an immediate family member who is a member of the same Statewide union in another charter school or renaissance school project may service as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the charter school or renaissance school project can provide such information.

(b) A charter school or renaissance school project may exclude per diem substitutes and student employment from its board of trustees nepotism policy.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-22.11 Contributions to board of trustees members and contract awards

(a) As a condition of receiving charter school or renaissance school project aid, charter schools and renaissance school projects shall have policies that comply with the provisions of this section to ensure that the charter school or renaissance school project shall maintain honest and ethical relations with vendors and shall guard against favoritism, improvidence, extravagance, and corruption in its contracting processes and practices. The terms "business entity" and "interest" as used below are defined as set forth at N.J.S.A. 19:44A-20.7.

No board of trustees will vote upon or award any contract in the amount of $ 17,500 or greater to any business entity that has made a contribution reportable by the recipient pursuant to N.J.S.A. 19:44A-1 et seq., to a member of the charter school or renaissance school project board of trustees during the preceding one-year period.
Contributions reportable by the recipient pursuant to N.J.S.A. 19:44A-1 et seq., to any member of the charter school board of trustees from any business entity doing business with the charter school or renaissance school project are prohibited during the term of a contract.
When a business entity referred to at (a)2 above is a natural person, a contribution by that person's spouse or child who resides therewith shall be deemed to be a contribution by the business entity. Where a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
The disclosure requirement set forth at N.J.S.A. 19:44A-20.26 also shall apply when the contract is required by law to be publicly advertised for bids.
This subsection shall not apply to a contract when a charter school or renaissance school project emergency requires the immediate delivery of goods or services.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-22.12 Internal controls

(a) As a condition of receiving charter school aid, State school aid, or renaissance school project aid, each charter school or renaissance school project shall establish specific policies and procedures on internal controls to provide management with reasonable assurance that the charter school's goals and objectives will be met and that meet the requirements at N.J.A.C. 6A:23A-22.6 through 22.15. Internal controls shall promote operational efficiency and effectiveness, provide reliable financial information, safeguard assets and records, encourage adherence to prescribed policies, and comply with law and regulation.

(b) The specific internal controls in this subchapter shall be established together with other internal controls in accordance with N.J.A.C. 6A and other law and regulations, required by professional standards, including auditing standards generally accepted in the United States pursuant to GAAP, standards contained in Government Auditing Standards (GAS) issued by the Comptroller General of the United States, and as deemed necessary and appropriate by the charter school's or renaissance school project's management. Any charter school or renaissance school project may submit a written request to the Commissioner to approve an alternate system, approach, or process for implementing the internal controls required in this subchapter. The application shall include documented evidence that includes, but is not limited to, an independent, third-party written assessment that the alternative system, approach, or process will achieve the same safeguards, efficiency, and other purposes as the specified internal control requirement(s).

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-22.13 Segregation of duties; organization structure

(a) All charter schools and renaissance school projects shall evaluate business processes annually and allocate available resources appropriately in an effort to establish a strong control environment.

(b) The school business administrator shall identify processes that, when performed by the same individuals, are a violation of sound segregation of duties. The school business administrator shall segregate the duties of all such processes among business office staff based on available charter school or renaissance school project resources, assessed vulnerability, and the associated cost-benefit.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-22.14 Standard operating procedures (SOPs) for business functions

(a) Each charter school and renaissance school project shall establish SOPs for each task or function of the business operations of the charter school or renaissance school project.

(b) An SOP manual shall include sections on each routine task or function of the following areas:

Accounting, including general ledger, accounts payable, accounts receivable, payroll, fixed assets, and year-end procedures for each;
Cash management;
Budget development and administration, including tasks such as authorization of transfers and overtime;
Position control;
Purchasing:

i. For charter schools, purchasing, including such tasks as:

(1) Preparation of requisitions;

(2) Approval of purchase orders and encumbering of funds;

(3) Approval of bid requirements;

(4) Approval of quote requirements; and

(5) Verification of receipt of goods and services; or

ii. For renaissance school projects, purchasing, including such tasks as:

(1) Preparation of requisitions;

(2) Approval of purchase orders and encumbering of funds; and

(3) Verification of receipt of goods and services;

Facilities, including administration of work and health and safety;

Security;
Emergency preparedness;
Risk management;
Transportation;
Food service;
Technology systems; and
Information management.

(c) An SOP shall be established that ensures office supplies are ordered in appropriate quantities, maintained in appropriate storage facilities, and monitored to keep track of inventory.

History

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

N.J. Admin. Code § 6A:23A-22.15 Approval of amounts paid in excess of approved purchase orders; board of trustee policy

(a) A charter school board or renaissance school project board of trustees shall adopt a policy establishing the approval process for any remittance of payment for invoice amounts greater than the approved purchase order. The policy shall require the school business administrator, or assistant school business administrator, to identify and investigate, if necessary, the reason for any increase to a purchase order. If it is found that the increase is warranted, the school business administrator, or assistant school business administrator, shall either approve a revision to the original purchase order with the reason noted, approve the issuance of a supplemental purchase order for the difference, or cancel the original purchase order and issue a new purchase order. If it is found that the increase is not warranted, the purchase order shall be canceled and the goods returned. In no instance shall an adjustment be made to a purchase order that changes the purpose or vendor of the original purchase order or a bid award.

(b) Financial systems shall be programmed to:

Limit system access so only appropriate business office staff may make purchase order adjustments;
Reject adjustments in excess of any established approval thresholds;

Prevent unauthorized changes to be processed;

Reject payments where the sum of the invoice amount plus any previous invoices charged to the purchase order exceeds the sum of the original purchase order amount plus any authorized adjustments;
Reject duplicate purchase order numbers;
Reject duplicate invoice numbers; and

Prepare an edit/change report listing all payments made in excess of the originally approved purchase order amount.

(c) The school business administrator shall review, on a monthly basis, edit/change reports listing all payments made in excess of the originally approved purchase order amount to ensure all payments made are properly authorized.

History

New Rule, R.2009 d.395, effective 12/21/2009.
See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).
Amended by R.2017 d.088, effective 5/1/2017.
See: 48 N.J.R. 2719(a), 49 N.J.R. 1079(a).
In (a), deleted a comma following "identify" and inserted a comma following "investigate"; in (b)1, deleted "that" preceding "only"; and in (c), deleted "that" following "ensure".
Amended by R.2017 d.147, effective 8/7/2017.
See: 49 N.J.R. 357(a), 49 N.J.R. 2521(a).
In (a), inserted ", or assistant school business administrator," twice.
Administrative correction.
See: 50 N.J.R. 1715(a).

Chapter 25 QUALIFIED ZONE ACADEMY BOND PROGRAM

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:25-1.1 Purpose and applicability of rules

(a) This chapter implements the Federal Qualified Zone Academy Bond (QZAB) Program in this State. Under 26 U.S.C. § 54E,bond cap is allocated to the Department of Education, for bonds issued by the State, to be used by public schools, including charter schools, with needy populations (qualified academy zones) for Federally qualified purposes such as to rehabilitate and repair schools providing the schools develop in cooperation with business an educational plan to expand learning opportunities. Bondholders receive a tax credit as an incentive for holding bonds and the issuer is responsible only for paying the principal of the QZAB bonds. Since the initial phase of the QZAB Program, QZABs financed the costs of school facilities projects approved pursuant to the Educational Facilities Construction and Financing Act (EFCFA), P.L. 2000, c. 72, and charter school capital projects.

(b) This chapter applies to all district boards of education and charter schools in the State, as well as to the bondholders and private entities that participate in the State QZAB Program.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

N.J. Admin. Code § 6A:25-1.2 Definitions

(a) The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise:

"Charter school" means a public school established in accordance with N.J.S.A. 18A:36A-1et seq.

"Charter school capital project" means a rehabilitation project for a charter school as described in N.J.A.C. 6A:25-4.2.

"Comprehensive education plan" means a plan established by the qualified zone academy, or the school district or charter school on behalf of the qualified zone academy, in conjunction with one or more private entities to provide education and training to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for the rigors of college and the workforce.

"Department" means the New Jersey Department of Education.

"EFCFA" means the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72 (N.J.S.A. 18A:7G-1 et seq.).

"Issuer" means the entity fiscally responsible for the sale and repayment of principal on QZABs. Such an entity may include, but not be limited to, a school district, county, municipality, charter school, improvement authority, or the State.

"New Jersey Economic Development Authority" or "NJEDA" means the authority established pursuant to N.J.S.A. 43:1B-1 et seq.

"Private entity" means any person (as defined in section 7701(a) of the Internal Revenue Code ) other than the United States, a State or local government, or any agency or instrumentality thereof, that enters into a collaboration with a school or school district for the purpose of establishing a qualified zone academy, and making a qualified contribution pursuant to 26 U.S.C. § 54E and this chapter. A private entity may be an individual, a trust, a partnership, a non-profit organization, or for-profit corporation.

"Qualified zone academy" means a public school (or academic program within a public school) that meets the eligibility criteria of the QZAB Program.

"Qualified contribution" means contributions that are made by private entities, are of a type and quality acceptable to the qualified zone academy, and consist of technical assistance in developing curriculum or in training teachers, services of employees as volunteer mentors, internships, field trips, or other educational opportunities for students, or any other property or service specified by the qualified zone academy. Cash received from a private entity constitutes a qualified contribution if it is used to purchase a property or service described above.

"QZAB funding" means the financing of school facilities projects or charter school capital projects through QZABs issued pursuant to the QZAB Program.

"QZAB Program" means this State's implementation of the Federal qualified zone academy bond provisions of 26 U.S.C. § 54E,subject to Federal appropriation available therefor.

"Rehabilitation" means as defined in 26 U.S.C. § 47,which is broader than the meaning defined in N.J.A.C. 6A:26-1.2. The Federal meaning encompasses both the term as defined in N.J.A.C. 6A:26-1.2 and additions to existing school facilities.

(b) Terms not defined in (a) above shall have the meanings defined for qualified zone academy bonds by 26 U.S.C. § 54E and regulations thereunder (see 26 CFR 1.1397E-1) and the meanings defined for the State program of school construction under EFCFA and N.J.A.C. 6A:26 , Educational Facilities.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

Subchapter 2 ELIGIBILITY FOR QZAB FUNDING

N.J. Admin. Code § 6A:25-2.1 School requirements

(a) To qualify for designation as a qualified zone academy and receive QZAB funding, a school shall:

Be in a school district as that term is defined in N.J.S.A. 18A:7G-3 and N.J.A.C. 6A:26-1.2; and
Have a student body composed of at least 35 percent of students who will be eligible for free or reduced-price lunch under the National School Lunch Act as of the date of issuance of the QZABs based on a reasonable expectation; be located in a Federal empowerment zone; or be located in a Federal enterprise community.

(b) The school district, or the Department on behalf of the school district, must supply on the QZAB application form the eligibility information required by (a) above for each school seeking designation as a qualified zone academy.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

N.J. Admin. Code § 6A:25-2.2 QZAB project requirements

(a) To be eligible for QZAB funding, a school facilities project shall:

Be located in a school that qualifies pursuant to N.J.A.C. 6A:25-2.1(a);
Be included in a school district's approved long-range facilities plan pursuant to N.J.A.C. 6A:26-2.3;
Be approved as a school facilities project by the Department pursuant to N.J.A.C. 6A:26-3.3 or N.J.S.A. 18A:7G-4.b or 9.c;
Not be completed at the time of submission of an application for QZAB Program funding;
Consist of rehabilitation work, including equipment related to the rehabilitation of the school facility that houses a qualified zone academy; and
Be located in a school facility eligible for a private business contribution by a private entity.

(b) A school district, or the Department on behalf of a school district, may apply for one or more school facilities projects in one or more school facilities, provided each school and each project meet all of the requirements to qualify for the QZAB Program under this chapter.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

N.J. Admin. Code § 6A:25-2.3 Private collaboration requirement

(a) The school district shall establish, via written commitment, a collaboration between the school and one or more private entities under which the private entity evidences in writing that it will make a contribution having a present value (as of the date of issuance of the issue) of not less than 10 percent of the bond issue's proceeds.

(b) Contributions by the private entity shall be described in the written commitment and may include the following general types of contributions:

Equipment for use in the qualified zone academy (including technology and vocational equipment);
Technical assistance in developing curriculum or in training teachers to promote appropriate market-driven technology in the classroom;

Services of employees as volunteer mentors;

Internships, field trips, or other educational opportunities for students outside the qualified zone academy;
Any other property or service specified by the school district; or
Cash received if used to purchase property or services described in (b)1 through 5 above.

(c) Services of employees of the qualified zone academy shall not constitute qualified contributions. N.J.A.C. 6A:25-2.4 Comprehensive educational plan requirements

(a) The qualified zone academy, or school district on behalf of the qualified zone academy, shall design a comprehensive educational plan in cooperation with one or more private entities.

(b) Students enrolled in the qualified zone academy shall be subject to the same academic standards and assessments as other students in the school district.

(c) The school district shall approve the comprehensive educational plan prior to submission to the Department of an application for QZAB funding.

History

Administrative change, 46 N.J.R. 2039(a).

N.J. Admin. Code § 6A:25-2.4 Comprehensive educational plan requirements

(a) The qualified zone academy, or school district on behalf of the qualified zone academy, shall design a comprehensive educational plan in cooperation with one or more private entities.

(b) Students enrolled in the qualified zone academy shall be subject to the same academic standards and assessments as other students in the school district.

(c)The school district shall approve the comprehensive educational plan prior to submission to the Department of an application for QZAB funding.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

Subchapter 3 APPLICATION FOR QZAB FUNDING

N.J. Admin. Code § 6A:25-3.1 Application requirements

(a) A school district seeking to initiate a school facilities project funded by a QZAB shall apply to the Department on a Commissioner-provided form for approval of the school facilities project for QZAB funding.

(b) The application must demonstrate the school facilities project meets the requirements for participation in the QZAB Program, as set forth in N.J.A.C. 6A:25-2.1 through 2.4 , as well as the Federal requirements set forth in 26 U.S.C. § 54E and regulations thereunder (see 26 CFR 1.1397E-1).

Evidence the school facilities project is for a school facility meeting the school location or student body composition requirements of N.J.A.C. 6A:25-2.1;
Evidence the school facilities project has been approved by the Department for rehabilitation, pursuant to N.J.A.C.

N.J.A.C. 6A:25-2.2 ;

A copy of the comprehensive educational plan approved by the school district, pursuant to N.J.A.C. 6A:25-2.4;
Certification by the issuer that it has the written commitment of the private entity to satisfy the private contribution requirement, pursuant to N.J.A.C. 6A:25-2.3, or to make qualified contributions for one or more qualified zone academy school district applicants sufficient to meet the private contribution requirement for each school district applicant; and
Certification by the issuer that it has the school district's written approval of the QZAB bond issuance.

(d) A school district applying for QZAB funding may submit to the Department an application for one or more school facilities projects for which it seeks funding, provided the application satisfies this subsection's requirements for each school facilities project.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

N.J. Admin. Code § 6A:25-3.2 Application review and approval

(a) The deadline for accepting applications shall be July 1 annually.

(b) The Department must assess each application to determine on a first-come, first-served basis if it is complete. The Department must verify the school facilities project in the application is the same as the previously approved school facilities project. If the application is determined to be incomplete, the Department must inform the school district in writing, listing all deficiencies and missing required information. If the application is determined to be complete, the Department must review the application for eligibility for QZAB funding within 30 days of the determination of completeness.

(c) The Department must approve all applications that meet the QZAB Program requirements as described or referenced in this chapter, subject to the availability of bond cap under 26 U.S.C. § 54E.

(d) If a school district's application is approved, the Department must notify the school district that a qualified zone academy(ies) in the school district is eligible for QZAB funding. The Department must also provide notice to the NJEDA of school district eligibility for QZAB funding. State share funded through QZAB financing will be available in the same way that State share funded through other financing is available for school facilities projects approved pursuant to EFCFA, that is, available pursuant to N.J.S.A. 18A:7G-5, 9, 10, or 15 as applicable.

(e) If a school district's application does not meet the QZAB Program requirements, the Department must notify the school district in writing, informing it of the reason for the denial.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

N.J. Admin. Code § 6A:25-3.3 Appeals of Department determinations

Appeals of Department determinations with respect to the QZAB Program shall be made in accordance with N.J.A.C. 6A:3 , Controversies and Disputes.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

Subchapter 4 CHARTER SCHOOL ELIGIBILITY FOR QZAB FUNDING

N.J. Admin. Code § 6A:25-4.1 Charter school requirements

(a) To qualify for designation as a qualified zone academy and receive QZAB funding, a charter school shall:

Have an approved charter; and
Meet the requirement stated in N.J.A.C. 6A:25-2.1(a)2.

N.J. Admin. Code § 6A:25-4.2 QZAB project requirement

(a) To be eligible for QZAB funding, a charter school capital project shall:

Consist of rehabilitation work, including equipment related to the rehabilitation of the charter school facility that houses a qualified zone academy;

Not be completed at the time of submission of an application for QZAB Program funding;

Be located in charter school that qualifies pursuant to N.J.A.C. 6A:25-2.1(a); and
Be located in a charter school eligible for a private business contribution by a private entity.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

N.J. Admin. Code § 6A:25-4.3 Private collaboration requirement

(a) The charter school shall establish, via written commitment, a collaboration between the charter school and one or more private entities under which the private entity evidences in writing that it will make a contribution having a present value (as of the date of issuance of the issue) of not less than 10 percent of the bond issue's proceeds.

(b) Contributions by the private entity shall be described in the written commitment and may include items referenced in N.J.A.C. 6A:25-2.3(b)1.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

N.J. Admin. Code § 6A:25-4.4 Comprehensive educational plan requirements

(a) The qualified zone academy, or charter school on behalf of the qualified zone academy, shall design a comprehensive educational plan in cooperation with one or more private entities.

(b) Students enrolled in the qualified zone academy shall be subject to the same academic standards and assessments as other students in the school district.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

Subchapter 5 CHARTER SCHOOL APPLICATION FOR QZAB FUNDING

N.J. Admin. Code § 6A:25-5.1 Application requirements

(a) A charter school seeking to initiate a charter school capital project funded by a QZAB shall apply to the Department on a Commissioner-provided form for approval of the charter school capital project for QZAB funding.

(b) The application must demonstrate the charter school capital project meets the requirements for participation in the QZAB Program, as set forth in N.J.A.C. 6A:25-4.1 through 4.4 , as well as the Federal requirements set forth in 26 U.S.C. § 54E and regulations thereunder (see 26 CFR 1.1397E-1).

The name of the school and the name, street address, phone number, and e-mail address of a contact person;
A description of the capital project, including evidence the charter school capital project is for a school facility meeting the charter school location or student body composition requirements of N.J.A.C. 6A:25-2.1 and 4.2 , respectively;
Evidence the charter school capital project is for rehabilitation, pursuant to N.J.A.C. 6A:25-4.2;
A copy of the comprehensive educational plan approved by the charter school, pursuant to N.J.A.C. 6A:25-4.4;
Identification of the issuer of QZABs for the charter school;

Certification by the charter school that it has the written commitment of the private entity to satisfy the private contribution requirement, pursuant to N.J.A.C. 6A:25-4.3. This requirement may also be satisfied by the issuer's certification that it has the written commitment of the private entity to make qualified contributions to meet the private contribution requirement for the charter school applicant; and

A resolution evidencing that the issuer has the charter school's written approval of the QZAB bond issuance.

(d) A charter school applying for QZAB funding may submit to the Department an application for one or more charter school capital projects for which it seeks funding, provided the application satisfies this subsection's requirements for each charter school capital project.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

N.J. Admin. Code § 6A:25-5.2 Application review and approval

(a) The deadline for accepting applications shall be July 1 annually.

(b) The Department must assess each application on a first-come, first-served basis to determine if it is complete. If the application is determined to be incomplete, the Department must inform the charter school in writing, listing all deficiencies and missing required information. If the application is determined to be complete, the Department must review the application for eligibility for QZAB funding within 30 days of the determination of completeness.

(c) The Department must approve all applications that meet the QZAB Program requirements as described or referenced in this chapter, subject to the availability of bond cap under 26 U.S.C. § 54E.

(d) If a charter school's application is approved, the Department must notify the charter school and the issuer that a qualified zone academy in the charter school is eligible for QZAB funding.

(e) If a charter school application does not meet the QZAB Program requirements, the Department must notify the charter school and the issuer in writing, informing them of the reason for the denial.

(f) If the NJEDA is the issuer of QZABs for the charter school, the Department must notify in writing the charter school eligible for funding to apply to the NJEDA pursuant to N.J.A.C. 19:31 , to the extent applicable, and to utilize the NJEDA application for financial assistance available at http://www.njeda.com/applications.asp.

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

N.J. Admin. Code § 6A:25-5.3 Appeals of Department determinations

Appeals of Department determinations with respect to N.J.A.C. 6A:25-5.1 and 5.2 shall be made in accordance with N.J.A.C. 6A:3 .

History

Adopted by 47 N.J.R. 715(a), effective 4/6/2015.

Chapter 26 EDUCATIONAL FACILITIES

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:26-1.1 Purpose and applicability of rules

The rules are adopted by the New Jersey State Board of Education to implement the Educational Facilities Construction and Financing Act (EFCFA), P.L. 2000, c. 72, as amended and as defined in N.J.S.A. 18A:7G-1, as well as to consolidate, conform, and update other rules relating to educational facilities in this State. The rules are adopted to ensure that the educational facilities in the State are safe, healthy, and educationally adequate to support the delivery of the thorough and efficient education to which all students are entitled, as defined by the New Jersey Student Learning Standards. The rules apply to all district boards of education in the State. To the extent these rules are inconsistent with other rules in Titles 6 and 6A of the New Jersey Administrative Code, the rules in this chapter shall take precedence.

History

Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Deleted second sentence.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.
Administrative change.
See: 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:26-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise:

"24-hour school facilities" mean facilities that host residents on site year round, require the availability of water at all hours, employ staff on site 24 hours a day, and/or are care facilities, such as hospitals with educational programs provided at the facilities.

"Additional costs" means the additional construction costs beyond the area cost allowance for construction or the costs beyond reasonable estimated actual costs for rehabilitation if such costs are the result of factors outside the control of the school district, provided that either type of costs results from design factors that are required to meet the facilities efficiency standards and are approved or authorized pursuant to N.J.S.A. 18A:7G-5(g).

"Additional space" means space in excess of facilities efficiency standards.

"Adjusted gross square footage" means the gross square footage of a facility less excluded spaces.

"Annual maintenance budget amount" means the amount required to be included in the school district's annual budget certified for taxes as a deposit into the maintenance reserve account or in the required maintenance line-item accounts.

"Application for State School Aid" or "ASSA" means the application filed pursuant to N.J.S.A. 18A:7F-33, on a form issued by the Commissioner, in which a school district sets forth student enrollment by category and other pertinent information.

"Approved area for unhoused students" means the product of the area allowance per FTE student times the number of unhoused students.

"Approved LRFP" or "approved plan" means an LRFP that conforms to the requirements of N.J.A.C. 6A:26-2 and that has been determined by a Commissioner's final determination to ensure the school facilities are educationally adequate to support over the next five years the achievement of the New Jersey Student Learning Standards.

"Area allowance per FTE student" means 125 square feet for preschool through grade five, 134 square feet for grades six through eight, and 151 square feet for grades nine through 12.

"Area cost allowance" means as set forth in N.J.S.A. 18A:7G-3.

"Building system" means a set of related or similar building components that work together to perform a major function in a building or facility.

"Capital maintenance" means maintenance intended to extend the useful life of a school facility, including upgrades and replacements of building systems, such as structure, enclosure, mechanical, plumbing and electrical systems, and can be considered to constitute or be part of a school facilities project.

"Capital project" means a school facilities project, other capital project or land acquisition project.

"Capital reserve account" means as defined in N.J.A.C. 6A:23A-1.2.

"Certified laboratory" means a laboratory certified pursuant to the provisions of N.J.A.C. 7:18.

"Comprehensive Annual Financial Report" or "CAFR" means the official annual report of a governmental unit that includes all funds and account groups, as defined in N.J.A.C. 6A:23A-1.2.

"Comprehensive maintenance plan" means a school district's multi-year maintenance plan covering required maintenance activities for each school facility in the school district adopted pursuant to this chapter.

"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 rules promulgated by the Development Authority.

"County vocational school district" means a county vocational school district established pursuant to N.J.S.A. 18A:54-1 et seq.

"Debt service" means as set forth in N.J.S.A. 18A:7G-3.

"Development Authority" means the New Jersey Schools Development Authority established pursuant to N.J.S.A. 52:18A-237.

"District aid percentage" means the number, expressed as a percentage derived from dividing the school district's equalization aid calculated pursuant to N.J.S.A. 18A:7F-53 as of the date of the Commissioner's determination of preliminary eligible costs by the school district's adequacy budget calculated pursuant to N.J.S.A. 18A:7F-51 as of the date of the Commissioner's determination of preliminary eligible costs.

"District board of education" means the local board of education or State district superintendent in the case of a State-operated district.

"District factor group" means an index of socioeconomic status established by the Department of Education based upon indicators available in the decennial census. School districts are arranged in 10 groups, DFG A through DFG J, A being the group with the lowest socioeconomic status, J the highest.

"Division" means the Department's Division of Administration and Finance.

"Drinking water outlet" means any location at a school facility, other facility, or temporary facility, as those terms are defined in this section, where water is expected to be used for consumption or food preparation.

"Educational adequacy" means, for purposes of a school facilities project, the suitability of a facility to provide instruction that will enable students to achieve the New Jersey Student Learning Standards and will encompass the facilities efficiency standards combined with the requirements of N.J.A.C. 6A:26-5.

"Educational space" means any space in a school facility for general instruction, specialized instruction, administration or student services and support.

"Emergency stabilization" means actions taken by a school district to correct and eliminate an actual or imminent peril to the health and safety of students or staff designed to render a school facility fit for occupancy by students or staff.

"Emergent condition" means a condition is so injurious or hazardous that it causes an imminent peril to the health and safety of students and staff.

"Emergent project" means a capital project necessitating expedited review and, if applicable, approval, in order to 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.

"Estimated actual costs" means costs as determined pursuant to N.J.A.C. 6A:26-2.3 or 3.4.

"Excess costs" means as set forth in N.J.S.A. 18A:7G-3.

"Excluded space" is an existing space that is not contained in the facilities efficiency standards but may be included in a school district's approved room inventory that would be structurally or fiscally impractical to convert to other uses in the facilities efficiency standards as demonstrated by the school district and that:

Delivers programs and services aligned to the New Jersey Student Learning Standards; or
Provides support services directly to students.

"Facilities efficiency standards" means the standards developed by the Commissioner pursuant to N.J.S.A. 18A:7G-4.

"Feasibility study" means a study undertaken to determine whether a school facilities project is achievable in view of possible identified factors that may influence the project's design or construction, including, but not limited to, applicable Federal, State and local laws; physical site conditions; market conditions; and costs and benefits. For example, such a study may be a pre-construction evaluation undertaken by a school district to determine whether it would be more feasible to replace rather than renovate a school facility because of health and safety or efficiency. It may also consist of a pre-land acquisition evaluation to determine whether it would be more feasible to acquire land for a school facilities project because of health and safety, efficiency, environmental factors, physical site conditions, or cost.

"Filing year" means the year in which the comprehensive maintenance plan is filed with the executive county superintendent.

"Final eligible costs" means as set forth in N.J.S.A. 18A:7G-3.

"Final plans and specifications" means the plans and specifications utilized to bid a capital project and to undertake and complete its construction.

"FTE" means as set forth in N.J.S.A. 18A:7G-3.

"Functional capacity" means the number of students that can be housed in a building to provide sufficient space for the building to be educationally adequate for the delivery of programs and services necessary for student achievement of the New Jersey Student Learning Standards. Functional capacity is determined by dividing the adjusted gross square footage of a school facility by the minimum area allowance per FTE student for the grade level students contained therein.

"Grant cycle" means the amount of annual funding available, as determined by the Commissioner, for section 15 grants for school facilities projects in RODs, other than county vocational school districts.

"Gross square footage" means the total square footage of a school facility.

"Inconsistent space" means spaces that differ from the facilities efficiency standards in number, configuration, size, location, or use.

"Land acquisition" means an acquisition of land, whether by purchase, condemnation, or by gift or grant, to be used as a school site. Land acquisition is either an eligible cost of a school facilities project or an other capital project not eligible for funding pursuant to EFCFA.

"Lead action level" means the lead action level established by the United States Environmental Protection Agency at 40 CFR 141.80 for lead in drinking water.

"Lease-purchase agreement" means any agreement under which the school district leases equipment or school facilities as the lessee, and gives the school district the option of purchasing the leased property during or upon termination of the lease with credit toward the purchase price for all or part of rental payments that have been made by the school district in accordance with the lease-purchase agreement.

"Lease-purchase payment" means as set forth in N.J.S.A. 18A:7G-3.

"Local funding" means the funds supplied by a school district to finance the total costs of an other capital project.

"Local portion" means the amount of school bonds issued for a school facilities project funded under N.J.S.A. 18A:7G-9 or 10.

"Local share" means as set forth in N.J.S.A. 18A:7G-3.

"Local support" means the local share or the local portion.

"Long-range facilities plan" or "LRFP" means the plan required to be submitted to the Commissioner by a school district pursuant to N.J.S.A. 18A:7G-4.

"Maintenance reserve fund" means the account established by a school district pursuant to N.J.S.A. 18A:7G-13 into which it deposits monies to be used exclusively for required maintenance of school facilities.

"New construction" means a school facilities project that consists of either:

New school facilities; and/or
Additions to school facilities characterized by an increase in the gross square footage of the school facility and that is necessary due to unhoused students.

"New Jersey Student Learning Standards" means the standards established pursuant to N.J.S.A. 18A:7F-4.a.

"Other allowable costs" means the cost of temporary facilities; site remediation; site development; acquisition of land/or other real property interest 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; permitting and plan review fees; financing costs; and the administrative costs of the Development Authority or the school district incurred in connection with the school facilities project.

"Other capital projects" means all projects, or portions thereof, that are 100 percent locally funded, including:

Capital projects for the construction or rehabilitation of other facilities;
Leased school facilities, other facilities or temporary school facilities, unless used as temporary space for a school facilities project in accordance with N.J.A.C. 6A:26-3.1 4, subject to Department review of the terms and conditions of the lease, in the case of school districts for which the State share of eligible costs for school facilities projects is 100 percent;
Eligible capital projects for which a school district is not seeking State support; and
Projects for which there are no costs eligible for State support.

"Other facilities" means athletic stadiums; swimming pools; any associated structures; or related equipment tied to such facilities, including, but not limited to, grandstands and night field lights, greenhouses, garages, facilities used for non-instructional or non-educational purposes, and any structure, building, or facility used solely for school administration.

"Preconstruction activities" means the activities that must be undertaken prior to completion and submission to the Department of a school facilities project application for approval and calculation of preliminary eligible costs. Such activities can include site analysis, acquisition of land, remediation, site development, feasibility studies, design work, and acquisition of and design work for temporary facilities.

"Preliminary eligible costs" means the initial eligible costs of a school facilities project, which shall be deemed to include the costs of construction and other allowable costs, as calculated pursuant to the formulas set forth in N.J.S.A. 18A:7G-7 after the completion of preconstruction activities.

"Priority project categories" means the categories specified in N.J.A.C. 6A:26-3.9(a) and 18.1.

"Project documents" means educational specifications, schematic plans, detailed plans and specifications, final plans and specifications, and other documents required for capital project review and approval by the Division.

"Quality Single Accountability Continuum" or "QSAC" means the monitoring and evaluation process of school districts pursuant to N.J.S.A. 18A:7A-10 et seq.

"Redevelopment entity" means an 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, N.J.S.A. 40A:12A-1 et seq.

"Regular operating school district" or "ROD" means a school district other than an SDA district.

"Rehabilitation" means a school facilities project consisting of the reconstruction, remodeling, alteration, modernization, or repair of a school facility to keep the school facility functional for its original purpose or for new purposes and that does not increase the gross square footage of the school facility.

"Replacement cost" means the area cost allowance multiplied by the gross square footage of the building for the year specified in this chapter.

"Required maintenance" means, for purposes of determining "M" in the formula in N.J.A.C. 6A:26-3.8, specific maintenance activities required for system warranty purposes that are approved for repairs and replacements to keep 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 - and that does not consist of routine or capital maintenance. Required maintenance is not an eligible cost of a school facilities project.

"Room inventory" means a list of each general instructional, specialized instructional, administrative, and support space, and the sizes and numbers that would constitute a school facility adequate to support the achievement of the New Jersey Student Learning Standards by the projected student enrollment.

"Routine maintenance" means 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; the cleaning of, or repairs and replacements to, movable furnishings or equipment; or other expenditures that are not required to maintain the original condition over the school facility's useful life. Routine maintenance is not an eligible cost of a school facilities project.

"School bonds" means as set forth in N.J.S.A. 18A:7G-3.

"School district" means a district board of education, including a local or regional school district established pursuant to N.J.S.A. 18A:8-1 et seq. or 18A:13-1 et seq.; a county special services school district established pursuant to article 8 of N.J.S.A. 18A:46-1 et seq.; a county vocational school district established pursuant to article 3 of N.J.S.A. 18A:54-1 et seq.; and a school district under full State intervention pursuant to N.J.S.A. 18A:7A-34 et seq.

"School enrollment" means the number of FTE students who are recorded in the school registers on the last school day prior to October 16 of the current school year, except that it shall not include FTE students in evening programs, post-graduate students, and post-secondary vocational students.

"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 the structures, buildings, and facilities, such as school district wastewater treatment, power generating and steam generating, but excludes other facilities as defined in this section.

"School facilities project" means the acquisition, demolition, construction, improvement, repair, alteration, modernization, renovation, reconstruction, or capital maintenance of all or any part of a school facility or any other personal property necessary for, or ancillary to, any school facility. School facilities project includes, but is not limited to, fixtures; furnishings and equipment; site acquisition; site development; 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. To qualify as a school facilities project, the project must be new construction to meet the housing needs of unhoused students, or rehabilitation to keep a school facility functional for its original purpose or for a new purpose accomplished within the gross square footage of the original building. Maintenance projects intended solely to achieve the design life of a school facility and routine maintenance do not constitute school facilities projects.

"SDA district" means a school district that received education opportunity aid or preschool expansion aid in the 2007-2008 school year.

"Section 15 grant" means a grant of funds to be made pursuant to N.J.S.A. 18A:7G-15.

"Short-term notes" means temporary notes or loan bonds as described in N.J.S.A. 18A:24-3.

"Special education student" means a student receiving specific services pursuant to N.J.S.A. 18A:46-1 et seq. and N.J.A.C. 6A:14, Special Education.

"State debt service aid" means the amount of State aid determined pursuant to N.J.S.A. 18A:7G-9 for school bonds issued for school facilities projects approved by the Commissioner on or after July 18, 2000, in school districts that elect not to have the Development Authority or a redevelopment entity construct the project or that elect not to finance the project under N.J.S.A. 18A:7G-15; and the amount of State aid determined pursuant to N.J.S.A. 18A:7G-10 for school bonds or certificates of participation issued for school facilities projects approved by the Commissioner prior to July 18, 2000.

"State debt service aid percentage" means the district aid percentage or 40 percent, whichever is greater.

"State share" means as set forth in N.J.S.A. 18A:7G-3.

"State support" means the State share or State debt service aid.

"Temporary facility" means a facility used for educating students on a temporary basis while awaiting completion of a school facilities project that will permanently house students. It also means:

A facility reviewed and approved by the executive county superintendent and/or the Division as substandard prior to June 7, 2004, and a facility approved by the Division, as a temporary facility under the rules in effect on or after that date;
A facility not planned or constructed as a permanent school facility that is rented, leased, or otherwise acquired by a school district or a private school for the disabled for use by public school students; and
A temporary classroom unit, self-propelled van or other mobile unit, whether or not installed on a school district-owned school site.

"Total costs" means the final eligible costs plus excess costs, if any, for a school facilities project to be constructed by the Development Authority or a redevelopment entity or financed pursuant to N.J.S.A. 18A:7G-15; the total cost of the project as determined by the school district for a school facilities project not to be constructed by the Development Authority or a redevelopment entity or financed pursuant to N.J.S.A. 18A:7G-15, and the total costs of an other capital project as determined by the school district.

"Type I school district" means a school district established in a city, pursuant to N.J.S.A. 18A:9-2, where board members are appointed by the municipality, and where the governing body of the municipality issues school bonds for school district capital projects, pursuant to N.J.S.A. 18A:22-20 and 18A:24-11.

"Type II school district" means a school district established in a municipality other than a city, every consolidated school district, and every regional school district, pursuant to N.J.S.A. 18A:9-3, where board members are elected or appointed by the municipality, as applicable, and where the district board of education issues school bonds for school district capital projects in a school district without a board of school estimate, pursuant to N.J.S.A. 18A:24-12.

"Uniform Construction Code" or "UCC" means N.J.A.C. 5:23.

"Unhoused students" means the number of students in excess of the functional capacity of a school facility calculated pursuant to N.J.A.C. 6A:26-2.2(c).

"Useful life" means the applicable recovery period for depreciation purposes determined under Section 168 of the Internal Revenue Code of 1986, 26 U.S.C. § 168 as amended and supplemented, and the applicable regulations.

History

Amended by 48 N.J.R. 1705(a), effective 7/13/2016

Subchapter 2 LONG-RANGE FACILITIES PLANS

N.J. Admin. Code § 6A:26-2.1 Responsibilities of school district

(a) Following the approval of the 2005 LRFP, each school district shall amend its LRFP at least once every five years on software made available by the Department, and in accordance with the instructions for completing the software. For newly established school districts, the LRFP shall be submitted no later than one year following its formation or earlier if the school district seeks approval for a school facilities project. The LRFP shall detail the school district's school facilities, other facilities and temporary facilities and the school district's plan for meeting school facilities needs during the ensuing five years.

(b) Except as provided in N.J.A.C. 6A:26-3.1 4, no school facilities project shall be considered or approved unless the school district's LRFP has been submitted to the Department and approved by the Commissioner.

(c) Each school district shall submit its LRFP to the planning board(s) of the municipality(ies) in which the school district is situated, no later than the date the school district submits the LRFP to the Commissioner, to afford the planning board(s) the opportunity to prepare and submit findings to the school district. In the case of a regional school district, all municipalities comprising the regional school district shall be considered school districts in which the regional school district is situated for purposes of this subsection. A school district shall provide to the Division proof of the date the school district submits the LRFP to the Commissioner and to the planning board(s). The planning board(s) shall submit its findings, if any, to the Division of Administration and Finance, Office of School Facilities, PO Box 500, Trenton, New Jersey 08625-0500, within 45 days of its receipt of the LRFP. No LRFP shall be considered complete until comments have been received from the planning board(s) or until 45 days have passed from the planning boards' receipt of the LRFP. If the school district or its architect receives the planning board findings, the findings shall be forwarded promptly to the Division at the above address.

(d) All school districts sending students to another school district to be educated pursuant to N.J.S.A. 18A:38-8 et seq. shall expeditiously provide all information necessary for the receiving school district to complete its LRFP, including, but not limited to, demographic information necessary to prepare enrollment projections. Both sending and receiving school districts must submit a LRFP. If a send-receive relationship is terminated pursuant to N.J.S.A. 18A:38-21, both the sending and receiving school district shall promptly submit an amended LRFP.

(e) If one or more member school districts withdraw from a regional school district operating pursuant to N.J.S.A. 18A:13-1 et seq., or the regional school district dissolves pursuant to N.J.S.A. 18A:13-51 et seq., all such withdrawing school districts and the regional school district, if applicable, shall submit an amended LRFP.

(f) At any time, a school district may submit an amendment to an approved LRFP for review and approval by the Commissioner.

(g) A school district's approved LRFP shall remain in effect until an amended LRFP is approved.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote the section.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (a), substituted "Department" for "Commissioner" throughout; in (b), inserted "the Department" following "submitted to"; in (c), substituted "Division" for "Commissioner" throughout, rewrote the third sentence and added a fifth; rewrote (g).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Section was "Responsibilities of district". Inserted "school" preceding "district", "districts" and "district's" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).

N.J. Admin. Code § 6A:26-2.2 Completion of long-range facilities plans

(a) Each LRFP shall include:

Enrollment projections for the school district for the five years covered by the plan, by grade level, as set forth in the Fall Survey Report for grades K through 12 and the ASSA for preschool programs, and utilizing enrollment figures as of October 15 of the previous year as the base enrollment figures. Students enrolled in the school district who are attending charter schools, students attending the schools of the school district pursuant to the school choice program, and students enrolled in the school district but attending private schools for the disabled shall be separately identified in enrollment projections, and shall be excluded from the calculation of the number of unhoused students pursuant to (b) below.

i. The enrollment figures shall be certified by a qualified demographer;

ii. The resume and any other professional credentials relied upon by the school district to demonstrate that the person who prepared the enrollment projection possesses adequate experience to be considered a qualified demographer shall be submitted as part of the school district's LRFP. Adequate experience shall include preparation of enrollment reports and projections on behalf of school districts, both in fulfillment of statutory or regulatory obligations and for other purposes. School district employees, such as the chief administrator and school business administrator, as well as persons hired by a school district may, if they possess the requisite experience, serve as a qualified demographer;

iii. Projections shall be for the five ensuing years utilizing a cohort survival method, shall utilize pertinent live births of residents of the community provided by the New Jersey Department of Health and Senior Services and shall include enrollment trends for the previous five years as set forth in the previous six Fall Survey Reports or ASSA, as appropriate;

iv. Where a school district does not believe a five-year projection utilizing a cohort survival method will accurately predict future enrollment, the school district shall submit additional data and justification for consideration by the Commissioner;

v. A school district shall adjust enrollment projections to account for significant numbers of students who are attending charter schools; and

vi. ECPA school districts shall make appropriate adjustments to enrollment projections for preschool children based on the history of the actual enrollments in those programs and consistent with the school district's approved ECPA plan;

The functional capacity of every school facility in the school district, listed separately by facility and grade level, including an inventory of all spaces in each facility;
An inventory of every school facility, other facility and temporary facility in the school district.

i. If a school district shares or leases facilities or any portion thereof, either as a lessor or lessee, all such spaces shall be included in its LRFP.

ii. All facilities, or portions thereof, owned by a school district that are leased or otherwise conveyed to another entity shall be included if the facility, or portion thereof, will become available for use by the school district in the ensuing five years. Only the terms of leases currently in effect shall be considered when determining whether a space will be available to the school district in the ensuing five years.

iii. All facilities, or portions thereof, acquired by the school district through a leasehold agreement, or to which the school district is otherwise entitled to possession by any legal arrangement, shall be included for the period covered by the plan during which the school district is entitled to use of the facility;

An inventory of all school district-owned land, indicating whether used currently, previously, or never, as a school site, with a map of the school district indicating the location of all school district-owned land and the location of existing schools in the school district;
A listing of the approximate size and nature of any new sites that may be needed for school facilities projects set forth in the LRFP, listing the specific project(s) to be constructed on each site;
An inventory of all building systems within each facility, including structure, enclosure, mechanical, plumbing, interior walls and finishes and electrical systems;
A determination of the life expectancy of all building systems;
A determination of any building system deficiencies in each school facility and the required remediation;
The school district's proposed school facilities projects and other capital projects and preliminary scopes of work in the five years ensuing, setting forth each proposed new school facility, addition and renovation, including each separate space to be constructed or renovated (for example, classrooms, art and music rooms, cafeterias, gymnasiums), the functional capacity of each proposed school facility and the priority tier pursuant to N.J.S.A. 18A:7G-5(m), and all school facilities to be sold, converted to other non-school facility uses or razed;
The school district's proposed programmatic models for school facility types and capacities the school district intends to operate in the five years ensuing;
A comparison of the school district's proposed programmatic models with the facilities efficiency standards and identification of all types of spaces, sizes of spaces and number of spaces inconsistent with those standards. The school district shall note for all spaces that are inconsistent with the facilities efficiency standards whether it intends to seek a waiver of a facilities efficiency standard, locally fund the space, or seek approval for funding of additional space;
A comparison of the school district's programmatic models with the existing inventory and how the school district proposes to convert the existing inventory to the programmatic models;
The school district's proposed plans for new construction and renovation of other facilities in the five years ensuing, setting forth each proposed new other facility, addition and renovation, including each separate space to be constructed or renovated and all other facilities to be sold, converted to other non-school facility uses or razed;
For each school facility set forth in the LRFP for which the school district is seeking approval of additional space or waiver of a facility efficiency standard to be approved as part of the LRFP, the school district shall submit documentation supporting the request in accordance with N.J.A.C. 6A:26-2.3(c);
For each school facility to be replaced, a preliminary comparison of the cost of replacement of the school facility verses the cost to rehabilitate the school facility;
Preliminary data to support each proposed new school facility or addition, renovation to an existing school facility and the removal from the school district's inventory of school facilities each school facility to be sold, converted to non-school facility use or razed;
A preliminary estimate of the cost of every school facilities project set forth in the LRFP; and
A district board of education resolution approving submission of the LRFP.

(b) Each LRFP shall include a determination by the school district of the number of unhoused students for the ensuing five-year period calculated as follows:

The number of unhoused students shall be the number of FTE students projected to be enrolled in preschool disabled, preschool, kindergarten, grades one through 12 and special education student programs to be provided in the school district in the ensuing five years that exceed the functional capacity of the school district's current school facilities or school facilities that will be available within five years, including community provider facilities housing preschool students, excluding projects which have been approved pursuant to N.J.A.C. 6A:26-3. Projected enrollments and functional capacity shall be separately determined for early childhood and elementary students (preschool through grade five), middle school students (grades six through eight) and high school students (grades nine through 12). For the purpose of calculating the school district's unhoused students, special education students shall be considered part of the grade level to which the students' chronological age corresponds. In the event approval is granted for a school facilities project which involves the construction of a new school facility to replace an existing school facility, the calculation of the number of unhoused students shall exclude the functional capacity of the facility to be replaced.

AU = (UEC x SEC) + (UE x SE) + (UM x SM) + (UH x SH) where UEC, UE, UM, UH are the numbers of unhoused students in the early childhood, elementary, middle, and high school enrollment categories, respectively; and SEC, SE, SM, SH are the area allowances per FTE student in preschool and kindergarten, grades one through five, grades six through eight, and grades nine through 12, respectively. Area allowances shall be determined based on the grade level of a student regardless of the grade configurations of the school buildings of the school district. Gross square footage is to be used for these determinations.

(d) An ECPA school district is encouraged to include one or more community provider early childhood education facilities projects, including projects of Head Start providers that qualify as community providers, as part of its LRFP. Superintendents are strongly encouraged to meet and collaborate with community early childhood education providers to meet the needs of unhoused students in the LRFP.

(e) The school district shall incorporate the facilities efficiency standards in the LRFP.

If the LRFP includes a proposal for new construction or rehabilitation of a school facility that does not meet the facilities efficiency standards, the school district shall seek, as part of the LRFP approval, a waiver for those components that are not consistent with the standards.
If the LRFP includes a proposal for new construction pursuant to N.J.S.A. 18A:7G-7(a), or rehabilitation pursuant to N.J.S.A. 18A:7G-7(b), of a school facility that exceeds the facilities efficiency standards, the school district may seek Commissioner approval of that additional space and, if approved, such space will be deemed eligible for State funding. If the school district does not seek Commissioner approval for the additional space, the school district shall state that fact in its submission and that space will be deemed ineligible for State support at the time of approval of the LRFP.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (a), substituted "previous six" for "five most recent" in 1iii, inserted ",interior walls and finishes" in 4, rewrote 7, inserted "for funding" in the last sentence of 9, updated N.J.A.C. reference in 12 and rewrote 16; in (b), rewrote the first sentence of 1; in (d), rewrote the first sentence; and in (e), rewrote the last sentence of 2.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (a), rewrote 1, added 4 and 5, recodified former 4 through 15 as 6 through 17, deleted former 16, recodified former 17 as 18, and inserted references to building preceding references to system throughout; in (b)1, inserted ", including community provider facilities housing preschool students in the first sentence.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district", "districts" and "district's" throughout; in (a)1ii, substituted "School district" for "District"; in (a)1iv and the introductory paragraph of (b), substituted "five-year" for "five year"; and in (a)4, inserted "school" preceding "district-owned" two times.

N.J. Admin. Code § 6A:26-2.3 Review and approval of long-range facilities plans

(a) Within 90 days of receipt of a LRFP from a school district that has not previously submitted a LRFP, the Division shall determine whether the plan is fully and accurately completed and whether all information necessary to review the plan has been filed by the school district.

When a LRFP is determined to be complete, the Division shall notify in writing the school district that the plan is deemed complete.

When a LRFP is determined to be incomplete, the Division shall notify in writing the school district and require the submission of additional information as detailed in the notification. A school district shall submit the requested information. Only after the Division determines all requested information has been submitted and the information is accurate shall it determine a plan to be complete.

(b) Within 60 days of the date of the notification that a plan is complete, the Commissioner shall notify the school district of the final determination of the LRFP. A final determination shall set forth:

Reasonable five-year enrollment projections;
A complete facility inventory;
A complete inventory of physical conditions/deficiencies of every facility;
A listing of all school-district-owned land, and a listing of any new school sites needed for school facilities projects if identified by the school district;
Spaces for which a waiver is approved pursuant to (e) below;

Identification of school facilities for which new construction was proposed in lieu of rehabilitation and for which it appears from the information presented that new construction is justified but, for school facilities so identified, a feasibility study shall be submitted as part of the application for the school facilities project;

A listing of all proposed new construction projects for unhoused students; and
A listing of all proposed capital projects included in the LRFP.

(c) A school district shall amend its approved LRFP whenever it seeks to undertake a capital project that is inconsistent with the approved LRFP in effect. The amendment request shall be accompanied by a district board of education resolution approving the submission of the LRFP amendment.

In the case of an emergent project, the LRFP may be amended as provided in N.J.A.C. 6A:26-3.1 4(e).
In the case of a school facilities project requiring amendment to the school district's applicable approved room inventory in the approved LRFP, approval of the school facilities project shall require the prior approval of an amended room inventory. If amending the room inventory would affect the capacity of one or more of the school district's school facilities, the school district shall fully document the impact of amending the room inventory on each school facility in the school district, and Division review and approval of the LRFP amendment shall be required prior to Division approval of the school facilities project.
In the case of a school district seeking to amend its LRFP involving capital maintenance, the school district shall amend its LRFP by submitting an amendment request and updating the Department's software to:

i. Identify the building system or systems affected by the project;

ii. Revise building system conditions to reflect deficiencies;

iii. Indicate the deficient quantity and unit costs for the deficient system; and

iv. Commit the deficiency to a proposed project.

Prior to approval of a project that is inconsistent with a school district's approved LRFP and that affects the capacity of one or more of its school facilities, or the total number or grade alignment of school facilities in the school district, a school district shall amend its LRFP to fully document the project's impact on each facility. The Division shall review and approve the LFRP amendment according to this section prior to the Division's approval of the project.

(d) Notwithstanding any provision of this chapter to the contrary, if at any time the number of LRFPs pending before the Commissioner for review exceeds 20 percent of the total number of operating school districts in the State, the Commissioner may extend by 60 days the deadline for reviewing each plan then before him or her. The Commissioner shall notify in writing each affected school district of the extension. No LRFP shall be considered to be pending before the Commissioner for review until a school district is notified by the Commissioner that the plan is complete.

(e) Any school district that has an approved LRFP may begin undertaking feasibility studies for new construction identified pursuant to (b)6 above, site acquisition, development, remediation and design work, and acquire temporary facilities, provided that such activities are consistent with its approved LRFP and this chapter. For school districts required to use the Development Authority, the activities also shall be undertaken under the auspices of the Development Authority and in accordance with N.J.S.A. 18A:7G-5 and this chapter.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote the section.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (a), added a new 4 and recodified former 4 through 12 as 5 through 13, in new 8, substituted "which may not be eligible" for "and not eligible"; rewrote (c).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" and "district's" throughout; in (d)1, substituted "programs required pursuant to State or Federal law or regulation" for "the required programs, including programs approved pursuant to N.J.A.C. 6:19-3, 6:19-4, 6A:24-3 and 6A:24-5,"; in (d)2i and (d)2ii, substituted "out-of-school-district" for "out-of-district"; and in (g) and (h), inserted "school" preceding "districts".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).

N.J. Admin. Code § 6A:26-2.4 Reserved

History

Repealed by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Section was "Appeals of Commissioner's determinations".

Subchapter 3 CAPITAL PROJECT REVIEW

N.J. Admin. Code § 6A:26-3.1 Initiation of a capital project

(a) All capital projects shall be undertaken in accordance with this subchapter.

(b) School facilities projects shall be reviewed in accordance with N.J.A.C. 6A:26-3.2 and 3.3; land acquisition projects shall be reviewed in accordance with N.J.A.C. 6A:26-3.9 or 3.13 and 6A:26-7, as applicable; and other capital projects shall be reviewed in accordance with N.J.A.C. 6A:26-3.1 2.

(c) Project documents for school facilities projects and other capital projects shall be reviewed by the Division and approved for compliance with the requirements of N.J.A.C. 6A:26-5 as applicable.

(d) Project documents for school facilities projects and other capital projects that involve the acquisition of land shall be reviewed for compliance with the requirements of N.J.A.C. 6A:26-7.

(e) The Division shall review each capital project to determine whether the project is consistent with the school district's approved LRFP and whether it complies with the applicable room inventory in the approved LRFP, if any.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (b), updated N.J.A.C. references; and added (c) through (e).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (e), inserted "school".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In (a), deleted the first sentence; in (c), deleted "may be" preceding "applicable"; in (d), substituted "of" for "at"; and in (e), substituted "room inventory" for "programmatic model".

N.J. Admin. Code § 6A:26-3.2 School facilities projects

(a) Any school district seeking to initiate a school facilities project shall apply to the Division on a Commissioner-provided form for approval of the school facilities project. School facilities projects include:

New construction;
Rehabilitation, provided that the rehabilitation or capital maintenance consists of the entire building system in the same school facility building section, as building section is defined in the approved LRFP, unless one or more of the components of a mechanical, electrical, or plumbing building system is required for the continued operation of such system;
Acquisition of existing buildings to accommodate unhoused students;
Furnishings, fixtures, and equipment, but they shall be eligible for State support only as follows:

i. Furnishings with a useful life of 10 years or greater when part of a school facilities project is either new construction or rehabilitation and also qualified as reconstruction. The cost of furnishings shall not exceed the cost of the item if purchased through a State contract, if applicable. For purposes of this subsection, reconstruction is to be defined in accordance with the UCC, N.J.A.C. 5:23-6.3;

ii. Fixtures when part of a school facilities project;

iii. Equipment with a useful life of 10 years or greater either consisting of a school facilities project when it is an integral and substantial part of a building system in a school facility or when part of a school facilities project. The cost of equipment shall not exceed the cost of the item if purchased through a State contract, if applicable. Operating equipment such as vacuums, snowblowers, and floor polishers, along with repairs to such items shall be ineligible for State support;

iv. Air conditioning equipment with a useful life of 10 years or greater either consisting of a school facilities project when it is an integral and substantial part of a building system or when part of a school facilities project. If the school facilities project consists of new construction, the air conditioning system shall be eligible for State support to the extent that it is included in the area cost allowance. If the school facilities project consists of rehabilitation that includes the replacement of an existing air conditioning system, the replacement shall be eligible for State support provided that it is for the entire building air conditioning system in the same school facility building section, as building section is defined in the approved LRFP, unless one or more of the components of that building system are required for the continued operation of such system. If the school facilities project consists of rehabilitation that includes the installation of a new air conditioning system, the new system shall be eligible for State support if it is for the entire building air conditioning system in the same school facility building section and for instructional spaces (excluding industrial shops) and/or for occupied non-instructional spaces (excluding kitchens and locker rooms). To the extent that a new air conditioning system is for unoccupied non-instructional spaces, such as utility rooms and storage rooms, except for spaces that accommodate heat- and humidity-sensitive equipment, it will not be eligible for State support; and

v. Technology electronic systems recommended by the "Facilities Standards for Technology in New Jersey Schools" and the "Working Toward the Future With Our Children" educational technology plan for New Jersey, or subsequent State educational technology standards for New Jersey schools, when part of a school facilities project which is either new construction or rehabilitation that also qualifies as reconstruction as defined in the UCC, N.J.A.C. 5:23-6.3; and

The rehabilitation of a multi-purpose physical education field(s) and, for pre-school-through-grade-five school facilities, a playground with playground equipment when required to support the New Jersey Student Learning Standards as defined by the number of physical education teaching stations applicable to the school facility pursuant to the facilities efficiency standards and the approved programmatic model. A new multi-purpose physical education field or playground, including playground equipment is eligible for State support, within the area cost allowance only when part of a school facilities project consisting of new construction for unhoused students.

(b) An application for a school facilities project shall contain the following information:

All information set forth in N.J.A.C. 6A:26-5.2 and 5.3 if the project is subject to educational adequacy review and, if not, any drawings or narrative relating to the project from a New Jersey licensed architect or professional engineer, if applicable, and, if the school facilities project includes the acquisition of land, N.J.A.C. 6A:26-7.1;
Necessary updates to the enrollment projections in the school district's approved LRFP to support the project;
A delineation and description of each of the functional components of the school facilities project;
The number of unhoused students to be housed in the school facilities project;
The minimum area allowances per FTE student as calculated pursuant to this chapter;
A narrative description of the school facilities project on a form prescribed by the Commissioner, including an itemized breakdown of estimated actual costs and quantities by area for new construction, rehabilitation and acquisition of existing buildings;
Identification of the site for new construction, if any;

Identification and description of any spaces that exceed the facilities efficiency standards for which the school district received approval pursuant to the approved LRFP or is seeking approval as additional space pursuant to N.J.A.C. 6A:26-3.3;

A complete room inventory of the spaces contained in the building;
A feasibility study for all new construction in lieu of rehabilitation;
Identification of the programmatic model from the school district's approved LRFP and supporting documentation to confirm that the school facilities project conforms to the programmatic model;
The tier the school district proposes for each school facilities project in accordance with N.J.S.A. 18A:7G-5(m);
A resolution of the district board of education authorizing the submission of the application to the Division;
A certification from the chief school administrator and the school business administrator that the school district has not advertised or awarded a construction or purchase contract for the school facilities project and that the school facilities project has not been completed; and
Any additional information that a school district deems relevant for the Commissioner's review of the school facilities project.

(c) Where required by N.J.S.A. 40:55D-31 and 18A:18A-16, each school district shall submit applications for school facilities projects to the planning board(s) of the municipality(ies) in which the school district is situated, no later than the date the school district submits to the Division each application to afford the planning board(s) the opportunity to prepare and submit findings to the Division of Administration and Finance, Office of School Facilities, PO Box 500, Trenton, New Jersey 08625-0500. A school district shall provide to the Division proof of the date that it submits each school facilities project application to the planning board(s). The planning board(s) shall submit to the Division findings, if any, within 45 days of its receipt of each project application from a school district required to use the Development Authority, and has an additional 10 days to file with the Division notice of recommendations against approval of the project. No school facilities project application shall be considered complete until comments have been received from the planning board(s) or until either 45 days or 55 days, as applicable, have passed from the planning board's receipt of each school facilities project application, whichever is earlier. If the school district or its architect receives the planning board findings, it shall be forwarded promptly to the Division at the above address.

(d) A school district shall not initiate a school facilities project without an approved LRFP.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:26-3.3 Review and approval of school facilities projects

(a) After receipt of a school facilities project application, the Division shall assess the application and determine whether it is fully and accurately completed and all necessary information has been filed by the school district or the Development Authority on behalf of the school district. All information in N.J.A.C. 6A:26-3.2(b) must be provided to the Division before a school facilities project application shall be considered fully and accurately completed and the application shall be reviewed to determine whether it conforms to the school district's approved LRFP and whether it complies with the applicable programmatic model in the approved LRFP, if any, or the facilities efficiency standards. If a school facilities project application is determined to be incomplete, the Division shall inform the school district by listing in writing all deficiencies in the application and missing required information. After all required information is received and a school facilities project application is determined complete, the Division shall notify in writing the school district that the school facilities project application is deemed complete. In the case of a Development authority schools facility project, preconstruction activities shall be conducted prior to the application being deemed complete.

(b) After approval of the LRFP, within 90 days of receipt of a complete school facilities project application, or from the date of the school district's last revision to the project application, whichever is later, the Division shall review each application to determine whether the school facilities project is consistent with the school district's approved LRFP and whether it complies with the applicable room inventory in the approved LRFP, if any, or the facilities efficiency standards. If unable to make a decision within the 90 days, the Division shall notify the school district, explaining in writing the reason for the delay and indicating the date by which a decision shall be made. The decision date shall be no later than 60 days from the expiration of the original 90 days. If a decision is not made by the subsequent date established, the school facilities project shall be deemed approved.

(c) When the Division determines that a school facilities project complies with the requirements of N.J.A.C. 6A:26-5.1 through 5.3, and is consistent with the facilities efficiency standards or the applicable room inventory in the school district's approved LRFP, if any, and does not exceed the standards or the applicable room inventory approved in the LRFP, except for spaces for which the school district is not seeking State support, the Division shall approve the school facilities project, provide a final determination of the preliminary eligible costs pursuant to the formulas set forth in N.J.S.A. 18A:7G-1 et seq. and N.J.A.C. 6A:26-3.4, and shall notify in writing the school district of the approval and preliminary eligible costs.

(d) The Division shall notify the school district if it determines that a school facilities project is inconsistent with the facilities efficiency standards or the applicable room inventory in the approved LRFP. Within 30 days of the notification, the school district shall advise the Division of its determination to do one of the following:

Revise its school facilities project and re-submit it for review by the Division;
Make a request for additional space eligible for State support;

Locally fund any excess costs, or

Seek a waiver as set forth in (i) below.

(e) The Division shall approve requests for additional or inconsistent space eligible for State support if the school district demonstrates that:

School facility needs related to programs required pursuant to State or Federal law or regulation cannot be addressed within the facilities efficiency standards and that all other spaces are consistent with the standards;

Such spaces are necessary to comply with Federal or State laws concerning educating students with disabilities to the greatest extent possible in the same building or classes with their non-disabled peers and the additional or inconsistent spaces will:

i. Allow for the return of students with disabilities from out-of-school-district facilities;

ii. Permit the retention of students with disabilities who would otherwise be placed in out of school district facilities;

iii. Provide space for regional programs in a host school building that houses both disabled and non-disabled students; or

iv. 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 special education services, in a school facility that houses both disabled and non-disabled students;

Such spaces are necessary to house the school district's central administration and:

i. The proposed administrative offices will be housed in a school facility;

ii. The existing central administrative offices are obsolete or it is more practical to convert those offices to instructional space; and

iii. The space sought does not exceed an increase of the approved areas for unhoused students of 2.17 square feet for each FTE student in the projected total school district school enrollment.

(f) Spaces approved pursuant to (e) above shall be aided pursuant to N.J.S.A. 18A:7G-5.g(4).

(g) When reviewing requests by SDA districts for additional space, the Commissioner shall, in accordance with Abbott v. Burke , 153 N.J. 480 (1998) (Abbott V), afford deference to a school district's determination that specialized instructional rooms are necessary based on the school district's particular needs.

(h) If a request for additional space is determined to be eligible for State support, the applicable room inventory in the school district's approved LRFP shall be deemed amended. If the Division does not approve a request for additional space, it shall be deemed ineligible for State support unless and until the Division's decision is reversed on appeal.

(i) The Division shall not approve any school facilities project for new construction or rehabilitation that is not consistent with the facilities efficiency standards or the applicable room inventory in the approved LRFP unless the school district demonstrates that waiver of the standard(s) will not adversely affect the facility's educational adequacy, including the ability to deliver the programs and services necessary to enable all students to achieve the New Jersey Student Learning Standards. If the Division approves a waiver, the applicable room inventory in the school district's approved LRFP shall be deemed amended. If the Division does not approve a waiver request, the school district shall conform the school facilities project to the facilities efficiency standards and resubmit the project.

(j) School facilities projects that comprise new construction shall receive approval for State support only if necessary for reasons of unhoused students.

(k) A school facilities project that consists of rehabilitation shall be approved only if it will keep the school facility functional for its original purpose or for a new purpose and if it can be accomplished without increasing the gross square footage of the original facility but shall not include any routine maintenance or required maintenance. The Division may approve rehabilitation projects that include elevators, egress, and other modifications to school facilities to render them compliant with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., the UCC, N.J.S.A. 52:27D-119 et seq. or other State and Federal requirements, even if the gross square footage of the building is thereby increased to complete the school facilities project.

( l ) All school facilities shall be deemed suitable for rehabilitation unless a feasibility study undertaken by the school district demonstrates to the Division's satisfaction 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 school district initiates a school facilities project for new construction in lieu of rehabilitation, the school district shall submit a feasibility study as part of the school facilities project application supporting its determination that it would be more feasible to replace rather than rehabilitate the school facility because of health and safety or efficiency. The feasibility study shall consist of:

Estimated costs of repairing the existing school facility and providing upgrades and additions required to make the school facility educationally adequate. The estimated costs of a rehabilitation project shall contain only the costs necessary for compliance with the UCC, health and safety, and educational adequacy as determined pursuant to N.J.A.C. 6A:26-5 and N.J.S.A. 18A:7G-5.g(1);
Estimated costs of replacing the existing school facility, including site acquisition, if required, and disposal of the existing site and school facility; and
Estimated costs of all extraordinary factors, including off-site improvements, environmental remediation and temporary facilities.

(m) When a school district demonstrates to the Division's satisfaction that replacement is more feasible than rehabilitation and the proposed school facilities project is otherwise approvable, the Division shall approve the school facility project for new construction in lieu of rehabilitation, and the preliminary eligible costs shall be determined pursuant to N.J.A.C. 6A:26-3.4 (a).

(n) When a school district does not demonstrate to the Division's satisfaction that replacement is more feasible than rehabilitation, the Division may approve the school facilities project if all other requirements are met, but the preliminary eligible costs shall be determined in accordance with N.J.A.C. 6A:26-3.4(b).

(o) If the Division determines that the preliminary eligible costs of a rehabilitation project, as determined pursuant to N.J.A.C. 6A:26-3.4(b), appear so excessive as to make rehabilitation an unreasonable option, it may direct the school district to conduct a study comparing cost and other factors associated with the rehabilitation versus new construction. If the Division determines that rehabilitation is an unreasonable option based on the comparison, the school district shall either re-submit the project as new construction or preliminary and final eligible costs shall be determined pursuant to N.J.A.C. 6A:26-3.4(a) if the school district determines to continue with the rehabilitation project.

(p) Upon approval of a school facilities project and determination of the preliminary eligible costs pursuant to N.J.A.C. 6A:26-3.4, the Division shall notify the school district that the school facilities project has been approved and of the preliminary eligible costs, excess costs, and additional costs, if any.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:26-3.4 Calculation of preliminary eligible costs for school facilities projects

(a) Upon approval of a completed school facilities project application, preliminary eligible costs for new construction, new construction in lieu of rehabilitation approved pursuant to N.J.A.C. 6A:26-3.3, and purchase of an existing facility to be utilized as a school facility 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 for rehabilitation or new construction in lieu of rehabilitation that is not approved pursuant to N.J.A.C. 6A:26-3.3 shall equal reasonable estimated actual costs as calculated on a form prescribed by the Commissioner, which shall include, but not be limited to:

Specific unit costs and quantities;

Other allowable costs;
The costs to render a school facility energy efficient;
The costs to render a school facility compliant with the UCC;
The costs to ensure that a school facility meets health and safety standards; and
The costs to ensure that the school facility meets educational adequacy as determined pursuant to the facilities efficiency standards and N.J.A.C. 6A:26-5.

(c) The reasonableness of estimated actual costs under (b) above shall be determined in accordance with industry standards.

(d) Notwithstanding (a) and (b) above, preliminary eligible costs for new construction and rehabilitation of 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 purchased pursuant to (a) above;

PC is the purchase cost for the facility;

C is the area cost allowance at the time of application for the school facilities project; 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.

(e) For school facilities projects deemed approved pursuant to N.J.A.C. 6A:26-3.3(b), preliminary eligible costs for new construction shall be calculated by using the proposed square footage of the school facility as the approved area for unhoused students, and for rehabilitation shall be the reasonable estimated costs of the rehabilitation.

(f) Notwithstanding anything to the contrary, preliminary eligible costs for school facilities projects of county vocational school districts and of special services school districts shall equal the amount determined by the board of school estimate and approved by the board of chosen freeholders pursuant to N.J.S.A. 18A:46-42 or 18A:54-31, as appropriate.

(g) Notwithstanding anything to the contrary, preliminary eligible costs for Development Authority school facilities projects shall equal the amount determined by the Development Authority pursuant to N.J.S.A. 18A:7G-5.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote (b) as (b) and (c); recodified former (c) through (e) as (d) through (f); and updated N.J.A.C. references throughout.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (f), inserted "school" preceding "districts" two times.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In (a), substituted "Upon approval of a completed school facilities project application, preliminary" for "Preliminary", and inserted a comma following ""N.J.A.C. 6A:26-3.3"; in the introductory paragraph of (b), substituted "as" for a comma following "actual costs"; in (b)4, substituted "UCC" for "Uniform Construction Code"; in (e), substituted "deemed approved" for " 'deemed approved' "; in (f), substituted "county vocational" for "vocational education", inserted "of" preceding "special", and deleted "N.J.S.A." preceding "N.J.S.A. 18A:54-31"; and added (g).

N.J. Admin. Code § 6A:26-3.5 Determination of final eligible costs for Authority school facilities projects

(a) School facilities projects of SDA districts shall be constructed by the Development Authority.

(b) After approving a project that shall be constructed by the Development Authority and calculating the preliminary eligible costs, the Division shall promptly prepare and submit to the Development Authority a preliminary project report that shall consist, in addition to any other information deemed relevant by the Commissioner, of the following information:

A complete description of the school facilities project;
The actual location of the school facilities project;
The total square footage of the school facilities project together with a breakdown of total square footage by functional component;
The preliminary eligible costs of the school facilities project;
The project's priority ranking determined pursuant to N.J.S.A. 18A:7G-5(m);
Any other factors to be considered by the Development Authority in undertaking the school facilities project; and
The name, address, and phone number of the person from the school district to contact concerning the school facilities project.

(c) If the Development Authority determines that a school facilities project can be completed within the preliminary eligible costs based on detailed plans and specifications, the final eligible costs shall be deemed to equal the preliminary eligible costs pursuant to EFCFA and the preliminary project report shall be deemed to be the final project report delivered to the Development Authority pursuant to N.J.S.A. 18A:7G-5(j).

(d) In the event that the Development Authority determines that a 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 consult with the school district and the Commissioner and determine whether changes can be made to the school facilities project that will result in a reduction in costs while meeting the requirements of educational adequacy.

When the Commissioner is notified by the Development Authority that the Development Authority has determined that changes in the school facilities project are possible so the project can be accomplished within the scope of the preliminary eligible costs while still conforming to the facilities efficiency standards, the Division shall:

i. Calculate the final eligible costs to equal the preliminary eligible costs; and

ii. Issue a final project report to the Development Authority in accordance with (h) below.

When the Development Authority has determined it is not possible to make changes in a school facilities project so it can be completed within the preliminary eligible costs either because the additional costs are the result of factors outside the control of the school district or because the additional costs are required to meet educational-adequacy requirements, the Development Authority will recommend to the Commissioner that the preliminary eligible costs be increased accordingly, whereupon the Division shall:

i. Calculate the final eligible costs to equal the sum of the preliminary eligible costs plus the increase recommended by the Development Authority; and

ii. Issue a final project report in accordance with (h) below.

When the Development Authority has determined the additional costs are the result of factors within the school district's control or 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, whereupon the Division shall:

i. Calculate the final eligible costs to equal the preliminary eligible costs unless the preliminary eligible costs are determined to be insufficient to meet the educational needs of the school district, in which case preliminary eligible costs shall be adjusted upward as appropriate, and specify the excess costs that shall be borne by the school district; and

ii. Issue a final project report to the Development Authority in accordance with (h) below.

(e) For any school facility project to be constructed by the Development Authority in which the State share of final eligible costs is 100 percent, the Development Authority may delay the request for a determination of final eligible costs until receipt of the construction bids by the Development Authority.

(f) After receipt by the Development Authority of a final project report, the school district shall be responsible only for the local share identified in the report, cost overruns relating to excess costs, if any, and the costs associated with changes, if any, made at the request of the school district to the scope of the school facilities project. If a school district fails to obtain approval of the local share within one year of the determination of the final eligible costs, the Development Authority may redetermine final eligible costs and forward them to the Commissioner for approval. If the Development Authority elects to re-determine final eligible costs, the school district shall not seek or obtain approval of the local share until the final eligible costs are re-determined.

(g) The Development Authority shall not commence the acquisition or construction of a school facilities project until the Division transmits to the Development Authority a final project report except as provided in N.J.A.C. 6A:26-3.9.

(h) The final project report shall contain all of the information contained in the preliminary project report and also shall contain:

The final eligible costs;
The excess costs, if any;
The total costs, which equal the final eligible costs plus excess costs, if any;
The State share of the final eligible costs; and
The local share of the total costs.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (b), inserted reference to State share; in (g), added last two sentences; in (i)4, substituted "final eligible" for "total"; and updated N.J.A.C. references throughout.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (d), deleted ", the Commissioner shall be deemed to have given final approval to the project" following "eligible costs"; in (e), deleted ii and recodified former iii as ii in 1 through 3; in (g), inserted ", cost overruns related to excess costs, if any," in the first sentence; added (j).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in (a), inserted "school" preceding "districts" three times; in (h), deleted "and 3.10" from the end; and rewrote (j).
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.

N.J. Admin. Code § 6A:26-3.6 Determination of final eligible costs for ROD school facilities projects

(a) Prior to a determination of final eligible costs, a school district that is not using the Development Authority for construction of a school facilities project may appeal to the Commissioner for an increase in the preliminary eligible costs that were approved pursuant to N.J.A.C. 6A:26-3.3 if the detailed plans and specifications prepared in accordance with N.J.A.C. 6A:26-5.4 by a licensed architect or engineer for the school facilities project indicate that the cost of constructing the portion of the school facilities project approved for State support exceeds by 10 percent or more the preliminary eligible costs for the project as determined by the Commissioner. The school district shall file its appeal within 30 days of the preparation of the detailed plans and specifications.

(b) The appeal shall outline the reasons why the preliminary eligible costs calculated for the school facilities project are inadequate, provide documentation to support such reasons, and estimate the amount of the adjustment that needs to be made to the preliminary eligible costs. Upon a determination that the appeal information is complete, the Commissioner shall forward the appeal information to the Development Authority for its review and recommendation.

(c) The Commissioner shall make a determination on the appeal within 30 days after receipt of the Development Authority's recommendation. If the Commissioner does not approve the adjustment to the preliminary eligible costs sought by the school district, the Commissioner shall issue in writing his or her findings setting forth the reasons for the denial and why the preliminary eligible costs as originally calculated, or an adjustment to the preliminary eligible costs that is smaller than sought by the school district, is sufficient.

(d) A school district that decides not to appeal the determination of preliminary eligible costs may request, at any time after approval of the school facilities project and determination of preliminary eligible costs, that the Commissioner determine final eligible costs for the project.

(e) Final eligible costs for the school facilities project shall be determined as follows:

The preliminary eligible costs shall become the final eligible costs if a school district does not appeal or unsuccessfully appeals the determination of preliminary eligible costs.
The final eligible costs shall be the preliminary eligible costs as adjusted by the Commissioner if a school district successfully appeals the determination of preliminary eligible costs pursuant to (b) above. In no case shall the adjustment to preliminary eligible costs be more than 10 percent.

(f) Following the determination of final eligible costs, the Division shall notify in writing the school district of the following:

The final eligible costs;
The total costs;
The State share or State debt service aid percentage;
The local share, if applicable;

Excess costs, if any; and

Additional costs, if any.

(g) A school district shall not seek approval of the local share or the total costs of a school facilities project receiving State debt service aid through a bond referendum for the school facilities project until the Division has notified the school district of the final eligible costs for the project. A school district may seek approval of the estimated local share in its annual budget prior to a determination of final eligible costs. If the local share estimate in the annual budget is less than the actual local share, the school district shall proceed in accordance with N.J.A.C. 6A:26-4. A school district may seek approval of local share utilizing capital reserve pursuant to N.J.A.C. 6A:23A-14.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (a), updated N.J.A.C. references; in (c), added "after receipt of the Authority's recommendation" in the first sentence; and rewrote (f) and (g).
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (f), inserted ", if any, and" at the end of 5 and added 6.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Determination of final eligible costs for nonauthority school facilities projects". Rewrote the section.

N.J. Admin. Code § 6A:26-3.7 Local support of school facilities projects

(a) No school facilities project shall be constructed unless local support, if any, plus other local revenue sources utilized to fund the total costs of a school facilities project receiving State debt service aid has received approval as set forth in this section. School districts shall notify the Commissioner and executive county superintendent when approval is obtained, and, if applicable, provide each the schedule for issuance of school bonds. School districts shall also notify the executive county superintendent of the issuance of school bonds within 30 days of their issuance.

(b) If the Development Authority is constructing the school facilities project, the school district shall provide to the Development Authority funds for 100 percent of the ineli-gible costs of the project in accordance with the rules of the Development Authority.

(c) If the school district determines to issue school bonds to fund all or any part of the local support, the school district shall proceed in accordance with (e), (f), or (g) below, as applicable. If the school district determines to fund the entire local support through a means other than school bonds, it shall obtain approval of necessary line-items in the budget, obtain separate voter or board-of-school-estimate approval of the expenditure of local support, make withdrawals from capital reserve in accordance with N.J.A.C. 6A:23A-14. A school district may fund the local support for additions or improvements to an existing school facility or equipment through a lease-purchase agreement not in excess of five years' duration if the school district obtains approval of the lease-purchase agreement in accordance with N.J.S.A. 18A:20-4.2(f) and N.J.A.C. N.J.A.C. 6A:26-10.

(d) If a school district submits to voters a separate proposal for local funding for a non-referendum capital project pursuant to N.J.S.A. 18A:7F-5 and N.J.A.C. 6A:23A-8.4, such amounts shall not be utilized as the local share or to reduce the total costs of a school facilities project receiving State debt service aid of a school facilities project.

(e) Whenever the district board of education in a Type I or Type II school district having a board of school estimate determines it is necessary to sell school bonds to raise money for the local support for any school facilities project approved pursuant to EFCFA and these regulations, it shall estimate by resolution the amount necessary to be raised for school facilities project(s) and itemizing the estimate to make it readily understandable. The secretary of the district board of education shall certify to each member of the school district's board of school estimate a copy of the resolution. The resolution shall include the amount needed to be raised by school bonds; the final eligible costs of the school facilities project as approved by the Commissioner; the total costs; the State share or State debt-service-aid percentage; the local share, if applicable; and the excess costs, if applicable. If the district board of education determines to use a combination of school bonds and other revenue sources, the resolution shall also include the portion of the local share or total costs of a school facilities project receiving State debt service aid to be raised through other revenue sources, listing separately each source and the amount from it. Gifts, grants, other private sources, and municipal surplus shall also be listed but only for the informational purposes of evidencing their portion of total costs and not for authorizing their use.

(f) Whenever a school facilities project(s) to be paid for from school bond proceeds is submitted to the voters of a Type II school district an annual or special school election for their approval or disapproval, the district board of education shall frame and adopt the question(s) to be submitted so each school facilities project is submitted as a separate question, or so all or any number of them are submitted in one question, which shall state the school facilities project(s) submitted and the amounts to be raised for each of the school facilities projects separately submitted or for each or all of the school facilities projects jointly submitted, as the case may be, but any proposal for land purchase shall be sufficient to authorize the taking and condemning of the land. If the district board of education determines to use a combination of school bonds and other revenue sources, the question shall also include the portion of the local share or total costs of a school facilities project receiving State debt service aid to be raised through other revenue sources, listing separately each source and the amount from it. Gifts, grants, private sources, and municipal surplus shall also be listed but only for informational purposes of evidencing their portion of total costs and not for authorizing their use.

If the school facilities project is to be constructed by the Development Authority or a redevelopment entity, or by the school district with a grant pursuant to N.J.S.A. 18A:7G-15, the single-question referendum shall request approval for the local share and shall disclose the amount needed to be raised by school bonds, the final eligible costs of the school facilities project as approved by the Commissioner, the State share, the total costs, and the excess costs, if any.
If the school facilities project is not to be constructed by the Development Authority or a redevelopment entity or by the school district with a grant pursuant to N.J.S.A. 18A:7G-15, the single-question referendum shall request approval for the total costs of the school facilities project, disclose the amount needed to be raised by school bonds, the State debt-service-aid percentage, the final eligible costs, and the excess costs, if any.

i. The State debt-service-aid percentage shall be stated as a percentage of the annual debt service of the final eligible costs.

When a school facilities project is framed in more than one question, the explanatory statement accompanying the questions shall include a summary that lists the total costs of the project; the State share or the State debt-service-aid percentage; the final eligible costs of the project; the local share, if applicable; excess costs; and the revenue source for the local share or total costs of a school facilities project receiving State debt service aid.
The statement of excess costs in any ballot question and in any explanatory statement that accompanies a ballot question shall describe the excess costs as follows: "This school facilities project includes [insert amount) for school facility construction elements in addition to the facilities efficiency standards developed by the Commissioner of Education, or that are not otherwise eligible for State support pursuant to N.J.S.A. 18A:7G-5(g)".

(g) Whenever a State-operated school district determines it is necessary to sell school bonds to raise money for any school facilities project approved pursuant to EFCFA and this subchapter, it shall estimate the amount necessary to be raised for the school facilities project(s), itemizing such estimate to make it readily understandable. The State school district superintendent shall certify to each member of the school district's capital project review board a copy of the resolution. The resolution shall include the amount needed to be raised by school bonds; the final eligible costs of the school facilities project as approved by the Commissioner; the total costs; the State share or the State debt-service-aid percentage; the local share, if applicable; and the excess costs, if any. The capital project review board shall review the project in accordance with N.J.S.A. 18A:7A-46.2. If the school district determines to use a combination of school bonds and other revenue sources, the question shall also include the portion of the local share or total costs of the school facilities project receiving State debt service aid to be raised through other revenue sources, listing separately each source and the amount from the source. Gifts, grants, other private sources, and municipal surplus shall also be listed but only for informational purposes of evidencing their portion of total costs and not for authorizing their use.

(h) A school district, other than a State-operated school district, that sought and failed to receive approval pursuant to N.J.S.A. 18A:7G-11 of a school facilities project that did not have excess costs, and sought and failed within the three years prior but after July 18, 2000, to receive approval of the same school facilities project, with or without excess costs, may file a petition with the Office of Controversies and Disputes, in conformance with N.J.A.C. 6A:3-1.4 and the procedures in this subsection, to request that the Commissioner approve the school facilities project and authorize the issuance of school bonds for the local share of the school facilities project. Pursuant to N.J.S.A. 18A:7G-12, a State-operated school district may not use the process set forth in this paragraph but shall instead use the process established by N.J.S.A. 18A:7A-46.2 to undertake a school facilities project.

A petition filed pursuant to this subsection shall be captioned In the Matter of the Application of the Board of Education of the (Township, Borough, etc.) of (School district), (Name) County, for an Order Directing Issuance of Bonds Pursuant to N.J.S.A. 18A:7G-12 and shall:

i. Briefly set forth the basis for the school district's appeal, including: an explanation of how each school facilities project proposed in the petition meets the statutory requirements that the school district has failed to obtain approval of the local share of the school facilities project(s) within the three years prior to the latter of such failures; the latter failure was for a school facilities project(s) without excess costs as defined in N.J.A.C. 6A:26-1.2; and why the requested school facilities project(s) is necessary for the provision of a thorough and efficient system of education in the school district;

ii. Be accompanied by a district board of education resolution approving the school district's appeal, documentation of the failed referenda underlying the appeal and a verification as set forth in N.J.A.C. 6A:3-1.4; and

iii. Be filed in triplicate (original and two copies).

The review, public comment, and hearing process regarding the petition shall be as follows:

i. A conforming petition and supporting materials filed pursuant to (h)1 above shall be forwarded to the Division, which shall review the record for completeness and solicit such documentation from the school district as may be necessary to ensure the petition's consistency with the threshold statutory criteria as set forth in (h)1 above. Once the record is determined to be complete, the Division shall return to the Office of Controversies and Disputes the record with a written report of its review. The Division also shall provide to the school district a copy of its written report;

ii. Upon receipt of a completed record from the Division, the Office of Controversies and Disputes shall notify the district board of education that it has met the prerequisites for seeking an order of the Commissioner directing issuance of school bonds for the local share of the school facilities project(s) and shall direct the school district to:

(1) Announce at a district board of education meeting to occur by a specified date that interested persons may submit written comments to the Commissioner through the Office of Controversies and Disputes, in duplicate and no more than 10 pages in length, and a copy to the district board of education;

(2) Publish by the date specified and in a minimum of two newspapers, one local and one Statewide, notice of the opportunity for the public to file such comments. Both the announcement and published notice shall identify clearly the school facilities projects; the amount of school bonds the school district seeks to issue; the fact that the voters previously rejected referenda seeking the issuance and the number of such rejections; and the purpose of the school district's appeal to the Commissioner; and

(3) File with the Office of Controversies and Disputes a sworn certification that the required announcement was made and the required notice was published.

iii. Upon receipt of the required certification from the school district and expiration of the public comment period pursuant to (h)2ii above, the Commissioner shall arrange for an evidentiary hearing in accordance with the following procedures:

(1) The Commissioner may either request that the Director of the Office of Administrative Law assign an administrative law judge to conduct the matter as an uncontested case pursuant to N.J.S.A. 52:14F-5 ( o ) or arrange for assignment of a hearing officer to conduct the matter on behalf of the Department;

(2) Written notice of the hearing date(s) shall be sent to the district board of education and its legal representative;

(3) The district board of education shall effectuate notice to interested persons by announcing the hearing date at a district board of education meeting prior to the hearing date, and shall publish same in a minimum of two newspapers, one Statewide and one local, with a minimum of 20 days' notice provided through both means, and with proof of both the announcement and the publication to be submitted to the assigned judge or hearing officer;

(4) The hearing shall be conducted on an expedited basis and, to the extent possible, at a location close to the school district;

(5) Interested persons shall be provided with a reasonable amount of time, as determined by the assigned judge or hearing officer, to present comments without unduly prolonging proceedings; and

(6) The district board of education shall present, in a manner to be determined by the assigned judge or hearing officer, proofs as to why the school facilities project(s) for which it seeks to issue school bonds are necessary for provision of a thorough and efficient system of education in the school district.

Following review of the report and recommendation issued by the Office of Administrative Law pursuant to N.J.A.C. 1:1-21.5 or prepared by the assigned hearing officer in a manner consistent with N.J.A.C. 1:1-21.5, the Commissioner shall make in a written decision a final determination taking into consideration the report's recommended findings of fact and conclusions of law.

i. Within 13 days of the date the report was mailed to the district board of education, or such longer period as may be requested by the school district and granted by the Commissioner, the school district may file with the Office of Administrative Law comments on the report and recommendation.

If the Commissioner finds that the school facilities project(s) is necessary for the provision of a thorough and efficient system of education in the school district, the written ordering decision shall authorize the district board of education to prepare to issue school bonds once the Division has approved the final eligible costs of the school facilities project(s) pursuant to N.J.A.C. 6A:26-3.5 and to submit to the Division detailed plans and specifications, or if unavailable, the most complete documentation on the project.

i. The Division shall then issue a preliminary project report and transmit the documentation to the Development Authority for purposes of a Development Authority recommendation of the final eligible costs of the school facilities project(s), pursuant to N.J.A.C. 6A:26-3.5.

ii. If the Development Authority has the detailed plans and specifications and/or documentation sufficient to make a recommendation of the final eligible costs of the project(s), the recommendation shall be forwarded to the Division. If the plans for the school facilities project(s) do not meet the criteria for detailed plans and specifications, the additional design work shall be funded so a final-eligible-cost recommendation can be made to the Division. The local share shall be adjusted to reflect the Development Authority's funding of the additional design work.

iii. Once the Commissioner approves the final eligible costs of the school facilities project(s) and issues to the Development Authority a final project report, the Commissioner shall approve the school facilities project(s) 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 school district at the annual school election, the district board of education secretary shall certify the amount required for the repayment of the interest and principal of the school bonds required to fund the local share approved by the Division in the same manner required for interest and debt-redemption charges pursuant to N.J.S.A. 18A:22-33. The amount certified shall be included in the taxes assessed, levied, and collected in the municipality(ies) comprising the school district.

Any school facilities project authorized pursuant to this subsection shall be constructed by the Development Authority pursuant to N.J.A.C. 6A:26-3.9.

(i) Any ROD included in district factor group A or B as of July 18, 2000 may apply to the Commissioner for 100 percent State share of final eligible costs of a school facilities project in the event the school district is having difficulty financing the local share or the total costs of a school facilities project receiving State debt service aid. To receive from the Commissioner a recommendation for 100 percent State share of final eligible costs, a school district shall submit documentation demonstrating that:

It sought approval of a school facilities project that did not have excess costs, and failed to receive such approval, and previously sought and failed to receive approval of the same school facilities project, with or without excess costs and:

i. The budget equalized tax rate of the school district is at least 130 percent of the State average; or

ii. The equalized municipal tax rate is above the State average; and

The school facilities project is necessary for the provision of a thorough and efficient system of education in the school district.

(j) Upon review of the application, the Commissioner shall determine whether to recommend to the Legislature that the school district receive 100 percent State share of the final eligible costs of the project. A school district will receive 100 percent State share only if the Legislature so determines upon receipt of the Commissioner's recommendation.

(k) All school facilities projects approved pursuant to (i) and (j) above shall be constructed by the Development Authority pursuant to N.J.A.C. 6A:26-3.9. Final eligible costs of the project shall be determined in accordance with N.J.A.C. 6A:26-3.5 prior to the Development Authority undertaking construction of the school facilities project.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote the section.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in (a), substituted "School districts" for "Districts" two times; in (d), updated the N.J.A.C. reference; in (f)2, deleted an extra comma following "percentage"; in (i)1, substituted "School district" for "District"; in (i)1i, inserted "school" preceding "district's" two times; in (i)2 through (i)4, inserted "of education" following "district board" throughout; and rewrote (m).
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).

N.J. Admin. Code § 6A:26-3.8 Determination of State support for school facilities projects

(a) State support for school facilities projects shall be determined as follows:

State debt service aid for projects approved on or after July 18, 2000, shall be calculated as follows:

Aid is the sum of A for each issuance of school bonds issued for a school facilities project approved by the Commissioner on or after July 18, 2000, where:

A = B [times] AC/P [times] DAP [times] M, with AC/P = 1

whenever AC/P would otherwise yield a number greater than one, and where:

B is the school district's debt service for the individual issuance for the State fiscal year;

AC is the preliminary eligible costs determined pursuant to section 7 of EFCFA;

P is the principal of the individual issuance plus any other funding sources approved for the school facilities project;

DAP is the district aid percentage as defined pursuant to N.J.S.A. 18A:7G-3, except that DAP shall not be less than 40 percent and, for county special services school districts, DAP is that of the county vocational school district in the same county; and

M is a factor representing the degree to which a school district has fulfilled maintenance requirements for a school facilities project, and shall be 1.0 except when a different maintenance factor is required by N.J.S.A. 18A:7G- 9.

State debt service aid for school facilities projects approved prior to July 18, 2000, shall be calculated as follows:

Aid is the sum of A where

A = B [times] CCSAID/TEBUD and where

B is the school district's total debt service or lease purchase payment for the individual issuance for the State fiscal year;

CCSAID is the school district's core curriculum standards aid amount determined pursuant to N.J.S.A. 18A:7F-15; and

TEBUD is the school district's T & E budget determined pursuant to N.J.S.A. 18A:7F-13.

For county special services school districts, CCSAID/TEBUD shall be that of the county vocational school district in the same county.

The amount of a grant shall be determined as follows:

i. The State share payable to the school district shall equal the product of the school facilities project's final eligible costs and the district aid percentage or 40 percent, whichever is greater. The Development Authority shall provide grant funding for the State share pursuant to an agreement between the school district and the Development Authority, which shall set forth the terms of disbursement of the State share in addition to other terms and conditions.

(1) All grants and the corresponding local share shall be accounted for separately by project in the capital projects fund in accordance with N.J.A.C. 6A:26-4;

(2) Local share budgeted in capital outlay shall be transferred to the capital projects fund upon execution of the grant agreement with the Development Authority. Any unexpended transferred capital outlay funds remaining after completion of the school facilities project shall be transferred to the general fund in the current year or reserved and designated in the subsequent year's general fund budget.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (a), deleted "school" preceding "district" throughout 1 and 2, and inserted N.J.A.C. reference in 3i(1).
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (a)3i(2), rewrote the second sentence.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district's", "districts" and "district" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In the introductory paragraph of (a)1 and of (a)2, inserted a comma following "2000"; in the equation in (a)1, substituted "DAP x M" for "(DAP x 1.15) x M" and deleted "X 1.15" following "except that DAP"; in the equation in (a)2; deleted the first occurrence of "school" following "services"; rewrote the introductory paragraph of (b)3i; and in (b)3i(2), inserted "Development".

N.J. Admin. Code § 6A:26-3.9 Design and construction of Development Authority school facilities projects

(a) The Development Authority shall design and construct school facilities projects in accordance with EFCFA and the Development Authority's rules.

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 school district; except that each assessment shall be updated at a minimum within five years of the development of the school 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 this subsection.
Following the approval of an SDA district's LRFP or of an amendment to the 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.
In consultation with the Commissioner, SDA districts, and the governing bodies of the municipalities in which the SDA districts are situated, the Development Authority shall establish a Statewide strategic plan pursuant to N.J.S.A. 18A:7G-5.m to be used in the sequencing of SDA district school facilities projects based upon the projects' educational priority rankings and issues that impact the Development Authority's ability to complete the projects.

(b) To advance a school facilities project, a school district that is required to use the Development Authority and has an approved LRFP may request the initiation of preconstruction activities in connection with a school facilities project identified as a priority project in the Statewide strategic plan, provided that such activities are consistent with its approved LRFP and are undertaken under the auspices of the Development Authority.

School districts shall submit to the Division a preconstruction application setting forth all preconstruction activities - including feasibility studies, remediation, site development, demolition, design work, acquisition of and design work for temporary facilities, and acquisition of land - that need to be undertaken prior to submission of a school facilities project application. The Division shall review each application for consistency with the educational priority ranking, the Statewide strategic plan, and the approved LRFP. If the Division authorizes the Development Authority to undertake preconstruction activities, it shall forward the application to the Development Authority, which shall undertake such activities pursuant to procedures developed by the Development Authority. Any costs incurred pursuant to this subsection shall be allocated to the applicable school facilities project and shall be deemed eligible for a State share.
For school districts in which the State share of final eligible costs of a school facilities project is 100 percent, the Development Authority shall provide the funding for these preconstruction costs.

(c) A school district that is required to use the Development Authority shall seek approval from the Commissioner to acquire land pursuant to N.J.A.C. 6A:26-7. The Commissioner may approve the land purchase if the site is capable of supporting the applicable school facility in the approved LRFP. If the Commissioner approves the request, he or she shall notify the school district and the Development Authority. Any costs incurred pursuant to this subsection shall be allocated to the applicable school facilities project and shall be deemed eligible for a State share. For school districts in which the State share of eligible costs for the school facilities projects is 100 percent, the Development Authority shall provide the funding for the cost of the land if approved by the Commissioner and the Development Authority.

(d) The Development Authority shall submit detailed plans and specifications to the Department for review and approval pursuant to N.J.A.C. 6A:26-5.4. If the final plans and specifications prepared by the Development Authority change the number, size, location, configuration or use of educational spaces as set forth in the detailed plans and specifications required by N.J.A.C. 6A:26-5 submitted to the Department when a school facilities project was approved, the Development Authority shall submit the final plans and specifications to the Department for review and approval pursuant to N.J.A.C. 6A:26-5. For purposes of N.J.A.C. 6A:26-5.5, the detailed plans and specifications submitted by the Development Authority shall constitute final plans and specifications.

(e) For all school facilities projects constructed by the Development Authority, or which the school district is constructing under delegation of the Development Authority pursuant to N.J.S.A. 18A:7G-13(a), the Development Authority shall notify the Department of any change order affecting the number, size, location, configuration or use of educational spaces and submit the change order to the Department for review and approval.

(f) The Development Authority shall provide to the Division a copy of the final plans and specifications utilized when soliciting bids for a school facilities project and certify that no changes affecting educational adequacy were made between the detailed plans and specifications, and the final plans and specifications.

(g) Upon completion of a school facilities project by the Development Authority, the school district shall submit to the Commissioner and the Development Authority a plan for school facility maintenance in accordance with N.J.A.C. 6A:26-20.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote (c) through (f); in (g), inserted reference to configuration of educational spaces; and added (h) and (i).
Amended by R.2003 d.266, effective 7/7/2003.
See: 35 N.J.R. 1379(a), 35 N.J.R. 2865(b).
Deleted (b); recodified existing (c) through (i) as (b) through (h).
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" and "districts" throughout; and in (c)1, substituted "School districts" for "Districts".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Design and construction of Authority school facilities projects". Rewrote the section.

N.J. Admin. Code § 6A:26-3.10 Design and construction of ROD school facilities projects

(a) The provisions of the Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq., and implementing rules are applicable to any school facilities project constructed by a school district.

(b) Prior to UCC approval for construction of a school facilities project, a school district shall submit to the Division the final plans and specifications for final approval pursuant to N.J.A.C. 6A:26-5.4.

(c) Upon completion of a school facilities project by a school district, the school district shall submit to the Commissioner a plan for school facility maintenance in accordance with N.J.A.C. 6A:26-20. All plans shall include a provision for a maintenance reserve fund. All maintenance reserve funds created in accordance with N.J.A.C. 6A:26-20 shall be funded annually with two-tenths of one- percent of the net replacement cost of the school facility, which shall be included in the annual budget of the school district. The monies in the maintenance reserve fund may be withdrawn at any time during the year to fund the maintenance mandated by N.J.A.C. 6A:26-20. The net replacement cost of the school facility shall equal the area cost allowance multiplied by the gross square footage of the building.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (b), inserted "UCC approval for" and updated N.J.A.C. reference; deleted (c); recodified (d) as (c); and in new (c), deleted "school" preceding "district" in the third sentence.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; and in (c), substituted "N.J.A.C. 6A:26A" for "the Commissioner's regulations to be adopted pursuant to N.J.S.A. 18A:7G-9(b)(3)" three times.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Design and construction of non-Authority school facilities projects". In (b), inserted "to the Division" following submit, and deleted "to the Division" following "specifications"; and rewrote (c).

N.J. Admin. Code § 6A:26-3.11 Initiation of other capital projects

(a) Other capital projects shall be reviewed by the Division based on the following criteria:

Whether they are consistent with the school district's approved LRFP;
The total amount of funds the school district intends to expend to complete the other capital project;
The type of facility to be constructed; and
Whether the facility, if it is to house students, conforms to educational adequacy requirements at N.J.A.C. 6A:26-5.2.

(b) Other capital projects that require educational adequacy reviews are subject to the provisions of N.J.A.C. 6A:26-5. Land acquisition projects shall be reviewed pursuant to N.J.A.C. 6A:26-7. Other capital projects shall conform to all other applicable statutes and regulations, including N.J.S.A. 18A:18A-1.1 et seq.

(c) A school district may annually transfer by district board of education resolution an unbudgeted fund balance up to one percent of the school district's annual budget certified for taxes or $ 50,000, whichever is higher, to capital outlay to fund other capital projects, except land acquisition projects, that received approval in accordance with (a) and (b) above. Once it exceeds the annual maximum-transfer amount, the school district shall receive approval for local funding for other capital projects as set forth below.

If the school district determines to issue school bonds to fund all or any part of the local funding, the school district shall proceed in accordance with (c)2 or 3 below, as applicable, and (c)4 below. If the school district determines to fund the entire local funding through a means other than school bonds, it shall obtain approval of necessary line-items in the budget, obtain separate approval of the expenditure of local funds, and make withdrawals from capital reserve in accordance with N.J.A.C. 6A:23A-4.1. A school district also may fund the local funding for additions or improvements to an existing facility or equipment through a lease-purchase agreement not in excess of five years' duration if the school district obtains voter or board of school estimate approval of the lease-purchase agreement in accordance with N.J.S.A. 18A:20-4.2(f) and N.J.A.C. N.J.A.C. 6A:26-10.
Whenever the district board of education in a Type I or Type II school district having a board of school estimate shall determine it is necessary to sell school bonds to raise money for the local funding for an other capital project, it shall estimate by district board of education resolution the amount necessary to be raised for such other capital project(s), itemizing the estimate to make it readily understandable. The district board of education secretary shall certify to each member of the school district's board of school estimate a copy of the resolution. The resolution shall include the amount needed to be raised by school bonds. If the board determines to use a combination of school bonds and other funding sources, the resolution shall also include the portion of the local funding to be raised through other funding sources, listing separately each source and the amount from the source. Gifts, grants, other private sources, and municipal surplus shall also be listed but only for informational purposes of evidencing their portion of total costs and not for authorizing their use.
Whenever the undertaking of an other capital project(s) to be funded by the proceeds of a school bonds issue is to be submitted to voters of a Type II school district at an annual or special school election for their approval, the district board of education shall frame and adopt the question(s) to be submitted so each other capital project is submitted as a separate question, or all or any of them are submitted as one question. The question shall state the other capital project(s) submitted, and the amounts to be raised for each other capital projects separately submitted or for each or all other capital projects jointly submitted, as the case may be. Any proposal for the purpose of land shall be sufficient to authorize its taking and condemning. If the district board of education determines to use a combination of school bonds and other funding sources, the question shall also include the portion of the local funding to be raised through other funding sources, listing separately each source and the amount from the source. Gifts, grants, other private sources, and municipal surplus shall also be listed but only for informational purposes of evidencing their portion of total costs and not for authorizing their use.
Whenever a State-operated school district shall determine it is necessary to sell school bonds to raise local funding for an other capital project, the school district shall estimate the amount necessary to be raised for the other capital project(s), itemizing the estimate to make it readily understandable. The State school district superintendent shall certify to each member of the school district's capital project review board a copy of the resolution. The resolution shall include the amount needed to be raised by school bonds. The Capital Project Review Board shall review the project in accordance with the procedures in N.J.S.A. 18A:7A-46.2. If the school district determines to use a combination of school bonds and other funding sources, the resolution shall also include the portion of local funding to be raised through other funding sources, listing separately each source and amount from that source. Gifts, grants, and other private taxpayer sources, along with municipal surplus, shall also be listed but only for the informational purposes of evidencing their portion of total costs and not for authorizing their use.
If the school district issues school bonds for an other capital project under (c)2, 3, or 4 above, the resolution or question to the voters shall specifically state that the other capital project is not eligible for State support. In the case of a school facilities project for which a school district determines not to seek State support, the resolution or question shall state as follows: "The other capital project to be funded herein was potentially eligible for State support, in whole or in part, at a minimum amount of 40 percent for eligible components of the project. However, (add name of school district) determined not to seek State support for this other capital project." If a school district has not received approval of its LRFP, the school district shall submit a request to amend its LRFP to include the other capital project. Approval of the amendment shall be required prior to the review of the other capital project.

History

The following annotations apply to N.J.A.C. 6A:26-3.11 prior to its repeal by R.2013 d.145:
Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (a), substituted "preschool" for "three and/or four year old" and added 10; in (b), substituted "standards for early childhood education programs" for "early childhood expectations" in the first sentence; in (c), substituted "share" for "support"; rewrote (d); and in (e), substituted "share" for "support" in 6 and rewrote 7.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Section was "ECPA district community early childhood education facilities projects". Inserted "school" preceding "district", "districts" and "district's" throughout.
The following annotations apply to N.J.A.C. 6A:26-3.11 subsequent to its recodification from N.J.A.C. 6A:26-3.12 by R.2013 d.145:
Inserted "school" preceding "district" throughout; in (a)1, inserted "school" preceding "district's"; in the introductory paragraph of (c), inserted "school" preceding "districts" and "district's"; and in (c)2, substituted "Education Opportunity Aid, pursuant to N.J.A.C. 6A:10A" for "additional Abbott v. Burke State aid, pursuant to N.J.A.C. 6A:24-7.1 and/or 6A:10-3.1".
Recodified from N.J.A.C. 6A:26-3.12 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section. Former N.J.A.C. 6A:26-3.12, Initiation of other capital projects, recodified to N.J.A.C. 6A:26-3.11.

N.J. Admin. Code § 6A:26-3.12 Acquisition of land by school districts

(a) Every acquisition of land, whether by purchase, condemnation, or by gift or grant, to be used as a school site shall comply with N.J.A.C. 6A:26-7 and receive approval thereunder.

(b) School districts may seek to acquire land as part of a school facilities project or prior to approval of a school facilities project. If approval for land acquisition is sought prior to approval of a school facilities project and the school facilities project is subsequently approved, such school facilities project shall be deemed to have included the land acquisition.

(c) Every land acquisition shall be approved by voters or the board of school estimate, unless otherwise provided in (c)1 through 3 below:

If a school district intends to utilize school bonds to acquire the land prior to the approval of a school facilities project, the request for local-debt authorization shall state that the school bonds proceeds will be utilized to acquire land to be used for a school facilities project identified in the approved LRFP, and that the availability of State support for such a school facilities project will not be determined unless and until the school facilities project is submitted and approved as eligible for State support pursuant to EFCFA and this subchapter. School districts may also seek to acquire land as part of an other capital project or prior to its review and approval, if any.
If a school district intends to utilize funds in its capital reserve account to fund an acquisition of land for a school facilities project in its approved LRFP, voter approval of the withdrawal from capital reserve is not required if the appropriation to the capital reserve account for the acquisition of land receives voter approval pursuant to N.J.A.C. 6A:23A-14.1.
If a school district utilizes funds other than school bonds or funds from the capital reserve account to acquire the land, except for gifts, grants, other private sources, and municipal surplus, the school district shall include as a line item in its annual school budget submitted to the voters the appropriation of funds for the land acquisition.

i. An approved line-item appropriation for the acquisition of land in the annual budget certified for taxes shall not become part of the pre-budget-year net budget for purposes of calculating the spending-growth limitation of the subsequent year pursuant to N.J.S.A. 18A:7F-1 et seq. Unused spending authority calculated pursuant to N.J.A.C. 6A:23A-10.3 that is created by such appropriation shall not be considered unused spending authority available to a district board of education in the next two budget years.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote (a); in (c), added the last sentence; inserted a new (d); recodified former (d) as (e) and rewrote the paragraph.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Section was "Acquisition of land by districts". Inserted "school" preceding "district" throughout; and in (b) and (c)1, substituted "School districts" for "Districts".
Recodified from N.J.A.C. 6A:26-3.13 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section. Former N.J.A.C. 6A:26-3.12, Initiation of other capital projects, recodified to N.J.A.C. 6A:26-3.11.

N.J. Admin. Code § 6A:26-3.13 Review, approval, and use of temporary facilities

(a) As part of a school facilities project, a school district may propose providing temporary facilities pending the construction of a school facilities project either by the Development Authority or the school district. A school district may also propose providing temporary facilities not as part of a school facilities project and, therefore, to be locally funded as an other capital project. An approved private school for the disabled may also propose to provide temporary facilities, which are not part of a school facilities project and shall be reviewed as an other capital project.

(b) All temporary facilities shall be approved by the Division pursuant to this section and, if housing students, pursuant to the educational adequacy requirements at N.J.A.C. 6A:26-5.4(c) and the temporary facility standards at N.J.A.C. 6A:26-8.

If an SDA district seeks approval of a temporary facility and it is part of a school facilities project, and if approval is sought prior to the school facility project's approval, it shall submit to the Division a preconstruction application referencing the acquisition of a temporary facility (including related design work), pursuant to N.J.A.C. 6A:26-3.9.

i. If the SDA district seeks approval of a temporary facility prior to approval of a school facilities project, the school district or the Development Authority on behalf of the school district, shall submit an application for approval of the temporary facility pursuant to this section. The Division shall then make a determination on the temporary facility, and notify both the school district and the Development Authority. When the SDA district later submits an application for the related school facilities project, the temporary facility submission shall be deemed to be included in the application. The preliminary eligible cost and final eligible cost determinations shall incorporate the eligible costs of the temporary facility.

ii. If the SDA district seeks approval of a temporary facility at the time it seeks approval of a school facilities project, the school district, or the Development Authority on behalf of the school district, shall submit an application for approval of the temporary facilities pursuant to this section. The temporary facility cost estimate for the estimated actual costs of the temporary facility shall be included in the cost estimate for the school facilities project. The project and preliminary eligible cost, land, and educational adequacy determinations shall occur at the same time as its temporary facility determination pursuant to this section.

iii. If the SDA district, or the Development Authority on behalf of the SDA district, seeks approval of a temporary facility after the time it seeks approval of a school facilities project, the cost estimate for estimated actual costs of the temporary facility shall be added to the cost estimate for the school facilities project, and the temporary facility determination shall occur after the project and preliminary eligible cost determinations are made by the Division.

If a ROD seeks approval of a temporary facility that is part of a school facilities project, the ROD shall engage an architect to undertake the design work required for the temporary facility to be approved as part of a school facilities project.

i. If the school district seeks approval of a temporary facility prior to approval of a school facilities project or at the time it seeks approval of a school facilities project, the school district shall submit an application for temporary facility approval, including a cost estimate for the temporary facility based on its estimated actual costs. A temporary facility approved prior to the approval of a school facilities project shall be funded locally. Once the project has been approved, the school district shall receive credit toward the local share of its final eligible costs, pursuant to N.J.A.C. 6A:26-3.8.

(c) An application for a temporary facility, including in the case of an approved private school for the disabled, shall contain the following information:

If the temporary facility is to house students, all information set forth in N.J.A.C. 6A:26-5.4(c), relating to detailed plans and educational specifications, and all information demonstrating that the design of the facility complies with N.J.A.C. 6A:26-8, Temporary Facility Standards;

All information to the extent applicable to temporary facilities in N.J.A.C. 6A:26-7.1 if the temporary facility includes the acquisition of land;

If the temporary facility is part of a school facilities project and if intended to house students due to overcrowding, necessary updates to the enrollment projections in the school district's approved LRFP to support the temporary facility;
The number of unhoused students, if any, to be housed in the temporary facility;
A cost estimate for the temporary facility;
A recommendation of the county superintendent of schools certifying the need for a temporary facility;
A resolution of the district board of education or the board of trustees of the approved private school for the disabled approving the application; and
Where required by N.J.S.A. 40:55D-31 and 18A:18A-16, either proof that 45 or 55 days have passed, whichever time period is applicable, pursuant to N.J.A.C. 6A:26-3.2, from the planning board's receipt of the temporary facility application or the receipt of comments from the local planning board(s) on the temporary facility application, whichever is earlier. Such comments are to be sent to the Division, Office of School Facilities, PO Box 500, Trenton, New Jersey 08625-0500.

(d) After the Division receives a completed temporary facility application, it shall make a determination on the temporary facility based on the following criteria:

Whether the temporary facility is consistent with the school district's approved LRFP;

If intending a temporary facility to be part of a school facilities project and intending the temporary facility to house students due to overcrowding, whether the school district evidences through updates to its enrollment projections that the related school facility has a functional capacity of less than 90 percent of the facilities efficiency standards when the capacity is most efficiently utilized through scheduling and other means;
If it is to house students, whether the facility conforms to educational-adequacy requirements at N.J.A.C. 6A:26-5.4(c);
Whether the design of the facility demonstrates compliance with the temporary facility standards at N.J.A.C. 6A:26-8;
If it includes land acquisition, whether the facility conforms to the applicable requirements at N.J.A.C. 6A:26-7.1;
Whether the facility meets the facilities efficiency standards; and

Whether the estimated actual cost of the temporary facility is reasonable.

(e) If the temporary facility is intended to be funded as an other capital project, the school district shall conform to all other applicable statutes and regulations, including N.J.S.A. 18A:18A-1.1 et seq. and the local support provisions at N.J.A.C. 6A:26-3.1 1(c).

(f) If a school district or an approved private school for the disabled houses public school students in a facility that was reviewed and approved as a substandard facility under the rules in effect prior to June 7, 2004, the facility shall not be required to be re-approved as a temporary facility under the rules in effect after June 7, 2004. Renewal of the facility's approval as a substandard facility shall be subject to standards for substandard facilities in effect prior to June 7, 2004.

(g) A temporary facility may be approved by the Division for a term of two years, with three annual renewals if the school district, or the Development Authority on behalf of the school district, demonstrates satisfactory progress toward the provision of permanent facilities. No such approval shall remain in effect or be eligible for renewal unless the executive county superintendent determines in consultation with the Division and upon inspection of the temporary facility that:

The temporary facility meets the educational-adequacy and temporary-facility standards as specified in this chapter;
The school district or approved private school for the disabled demonstrates through the LRFP or other plan, in the case of the approved private school for the disabled, that students housed in the temporary facility will be housed in permanent school facilities; and
The temporary facility meets N.J.A.C. 5:23 requirements for a certificate of occupancy for "E" (educational) group use.

(h) When a school district receives State support pursuant to EFCFA for a school facilities project and temporary facilities are acquired by the school district to house students pending completion of the school facilities project, the temporary facilities shall not be encumbered, sold or otherwise disposed of until the Division approves the action.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (b), substituted "All temporary" for "Temporary" and updated N.J.A.C. reference; and in (c), inserted reference to EFCFA.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; and in (c)3 and (d)1, inserted "school" preceding "district's".
Recodified from N.J.A.C. 6A:26-3.14 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section. Former N.J.A.C. 6A:26-3.13, Acquisition of land by school districts, recodified to N.J.A.C. 6A:26-3.12.

N.J. Admin. Code § 6A:26-3.14 Emergency stabilization

(a) Emergency stabilization must qualify as an emergency pursuant to N.J.S.A. 18A:18A-7 and the rule promulgated pursuant thereto at N.J.A.C. 5:34-6.1. Emergency stabilization is not eligible for State support, and therefore the costs incurred by the school district in undertaking the emergency stabilization will not be eligible for reimbursement by the State in the event that it is determined that an emergent condition exists after undertaking such stabilization.

(b) When a school district determines that an emergency exists pursuant to N.J.S.A. 18A:18A-7, it shall undertake emergency stabilization as follows:

The school district shall, if possible, immediately undertake the actions necessary, including temporary repairs to alleviate the emergency;
The school district shall conform to the Public Schools Contract Law and the applicable rule at N.J.A.C. 5:34-6.1 when undertaking such emergency stabilization; and
The school district shall proceed as set forth in (d) or (e) below if, after undertaking emergency stabilization, it is necessary to undertake an emergent project.

(c) Emergent projects can be either school facilities projects eligible for State support or other capital projects. Emergent projects that are school facilities projects shall proceed in accordance with (d) and (e) below. Emergent projects that are other capital projects shall proceed in accordance with (f) below. If a school district determines that an emergent condition exists after undertaking an emergency stabilization, the school district in applying for review and approval, if applicable, of the project shall submit evidence acceptable to the Division of the emergency stabilization costs.

(d) Prior to the approval of a school district's LRFP, a school district may, on a form provided by the Commissioner, apply directly to the Commissioner for approval of a school facilities project when an emergent condition exists.

The Commissioner shall approve a school facilities project for an emergent condition only if, after an on-site inspection, the county superintendent of schools, in consultation with the Division, certifies that an emergent condition exists.
If a school facilities project for an emergent condition is approved by the Commissioner, the school facilities project application shall be forwarded to the Division for review, pursuant to N.J.A.C. 6A:26-3.3(a) through ( o ), on an expedited basis. The scope of work contained in the application shall be limited to action required to rectify the emergent condition.
Notwithstanding the approval of a school facilities project for an emergent condition prior to approval of a school district's LRFP, pursuant to this section, preliminary eligible costs and final eligible costs for the school facilities project shall be determined consistent with this chapter.

(e) After approval of a school district's LRFP, a school district may, on a form provided by the Department, apply directly to the Division for approval of a school facilities project when an emergent condition exists.

The Division shall approve a school facilities project for an emergent condition only after an on-site inspection, the county superintendent of schools, in consultation with the Division, certifies that an emergent condition exists.
If the existence of the emergent condition has been certified pursuant to (e)1 above, the school facilities project application shall be forwarded to the Division for review, pursuant to N.J.A.C. 6A:26-3.3(a) through ( o ), on an expedited basis. The expedited basis shall include Division acceptance of school district submission of the school facilities project application or a predevelopment request in the case of Authority managed projects, within 45 days of the date of such submission. If the emergent condition was not included in the school district's approved LRFP, the school district shall request an amendment to its LRFP as part of the project application and amend its LRFP within 45 days of such submission. The scope of work contained in the application shall be limited to those actions determined by the Division to be reasonable considering the emergent condition and the capital projects in the school district's approved LRFP.
Preliminary eligible costs and final eligible costs for the school facilities project shall be determined consistent with this chapter.

(f) If a school district determines that an emergent condition exists after undertaking an emergency stabilization, and the emergent project is an other capital project, the school district shall submit the information required by N.J.A.C. 6A:26-3.1 1, and the Division shall perform all required reviews on an expedited basis. The scope of work contained in the application shall be limited to those actions determined by the Division to be reasonable considering the emergent condition and the capital projects in the school district's approved LRFP.

History

New Rule, R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote (a), (c) and (e).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" and "district's" throughout.
Recodified from N.J.A.C. 6A:26-3.16 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Emergency stabilization and emergent projects". In (b)1, deleted "and render the facility safe and fit for occupancy" following "emergency"; and in (c), substituted the third occurrence of "projects" for "project". Former N.J.A.C. 6A:26-3.14, Review, approval, and use of temporary facilities, recodified to N.J.A.C. 6A:26-3.13.

N.J. Admin. Code § 6A:26-3.15 Insurance, damages awards, gifts, grants, other private sources of funds, and municipal surplus

(a) School districts shall insure all insurable property, real or personal, in accordance with N.J.S.A. 18A:20-25.

(b) Insurance proceeds and damages awards received by a school district shall be applied as follows: if the school district applies for approval of a school facilities project involving a facility for which there are insurance proceeds or a damages award, the insurance proceeds and/or damages award shall be applied to reduce the amount of State support as follows:

For locally constructed school facilities projects for which a school district elects to receive a State share pursuant to N.J.S.A. 18A:7G-15, the State share amount shall be reduced in the following manner:

i. Calculate the percentage of total project costs that would be funded by the State pursuant to N.J.A.C. 6A:26-3.8 if no insurance proceeds and/or damages award were received by the school district;

ii. Multiply the percentage by the amount of insurance proceeds and/or damages award to which the school district is entitled, minus any amount that would exceed the eligible costs of the project; and

iii. Reduce the State share by the amount determined in step ii.

For Development Authority-constructed school facilities projects with a local share, the local share shall be adjusted in the following manner:

i. Calculate the percentage of total costs that would be funded by local share if no insurance proceeds and/or damages award were received by the school district;

ii. Reduce the total costs by the amount of insurance proceeds and/or damages award to which the school district is entitled minus any amount that would exceed the eligible costs of the project;

iii. Multiply the local share percentage determined in (b)2i above by the amount determined in (b)2ii above; and

iv. Add the amount of insurance proceeds and/or damages award to the revised local share amount determined in (b)2iii above. The amount determined in this subparagraph shall be provided to the Development Authority before it undertakes a school facilities project.

For Development Authority-constructed school facilities projects without a local share, the State share shall be adjusted in the following manner:

i. Reduce the State share by the amount of insurance proceeds and/or damages award to which the school district is entitled; and

ii. The amount determined in (b)3i above shall be provided to the Development Authority before it undertakes a school facilities project.

For locally constructed school facilities projects for which a school district elects to receive State debt service aid pursuant to N.J.S.A. 18A:7G-9, the school district shall issue bonds only for the amount of the total projects costs minus the insurance proceeds and/or damages award.

i. If the bonds have already been issued, the insurance proceeds and/or damages award should be used to reduce the outstanding principal amount at the earliest call date or to annually reduce the amount of debt service payment. The calculation of State debt service aid shall be made from the reduced amount.

(c) Gifts, grants, other private sources, and/or municipal surplus received by a school district shall be applied as follows: if the school district applies for approval of a school facilities project that will also receive funding through any of the above sources, such source of revenue shall be applied to the local share of the project, and may be applied to reduce the State support only if a Development Authority-constructed school facilities project does not have a local share, or for school facilities projects with a local share, the source of revenue exceeds the local share and, by its terms, may only be used for the school facilities project, in which case State share shall be reduced by the amount of the excess over local share.

For locally constructed school facilities projects for which a school district elects to receive a State share pursuant to N.J.S.A. 18A:7G-15, and the revenue source exceeds the local share and, by its terms, may only be used for the school facilities project, such excess shall be applied to the State share of the project and reduce the amount of the grant before a disbursement is made.
For locally constructed school facilities projects for which a school district elects to receive State debt service aid pursuant to N.J.S.A. 18A:7G-9, the school district shall issue bonds only for the amount of the total project costs, minus the revenue source.
For Development Authority-constructed school facilities projects with a local share, the revenue source shall be applied toward the local share, and that amount shall be provided to the Development Authority before it undertakes the school facilities project, along with any amount in excess of the local share that by the terms of the revenue source must be used for the school facilities project, which shall be applied to reduce the amount of State share.
For Development-Authority-constructed school facilities projects without a local share, the revenue source shall be applied to reduce the amount of State share only if the terms of the revenue source require that it be used for the school facilities project, in which case that amount shall be provided to the Development Authority before it undertakes the school facilities project.

History

The following annotations apply to N.J.A.C. 6A:26-3.15 prior to its repeal by R.2013 d.145:
Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (b), inserted "district" preceding "board"; in (e), substituted N.J.S.A. reference for EFCFA reference in the third sentence; and in (f), updated N.J.A.C. references and inserted reference to the Commissioner's rules to be adopted.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote (b); in (f), amended the N.J.S.A. reference.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "districts" and "district" throughout; and in (f), substituted "and" for a comma preceding "12".
The following annotations apply to N.J.A.C. 6A:26-3.15 subsequent to its recodification from N.J.A.C. 6A:26-3.17 by R.2013 d.145:
New Rule, R.2001 d.367, effective 10/1/2001.
Rewrote (b); added (c).
Inserted "school" preceding "district" throughout; and in (a), substituted "School districts" for "Districts".
Recodified from N.J.A.C. 6A:26-3.17 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section. Former N.J.A.C. 6A:26-3.15, Demonstration projects, repealed.

N.J. Admin. Code § 6A:26-3.16 Reserved

History

Recodified to N.J.A.C. 6A:26-3.14 by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Emergency stabilization and emergent projects".

N.J. Admin. Code § 6A:26-3.17 Reserved

History

Recodified by N.J.A.C. 6A:26-3.15 by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Insurance, damage awards, gifts, grants, other private sources of funds, and municipal surplus".

Subchapter 4 INITIAL ASSESSMENT AND ENROLLMENT

N.J. Admin. Code § 6A:26-4.1 Capital projects fund

(a) All revenues and appropriations related to school facilities projects receiving funding pursuant to EFCFA and this chapter, and to other capital projects that utilize revenue sources identified in (b) below, shall be accounted for in the capital-projects fund defined in N.J.A.C. 6A:23A-1.2.

(b) The source of revenue in the capital-projects fund includes the:

Sale of school bonds;
Issuance of temporary notes or loan bonds pursuant to N.J.S.A. 18A:24-3;
Issuance of certificates of participation for a lease-purchase agreement greater than five years approved prior to EFCFA;
Grants received pursuant to N.J.S.A. 18A:7G-15; and
All revenue sources identified in the referenda or resolution authorizing the issuance of school bonds pursuant to N.J.A.C. 6A:26-3.7 and 3.12.

(c) The revenue source in the capital-projects fund also shall include capital-reserve withdrawals and other local revenues to fund the local share of a school facilities project not utilizing school bonds pursuant to N.J.A.C. 6A:26-3.7(c).

(d) All revenue sources identified in the referenda or resolution pursuant to N.J.A.C. 6A:26-3.7 or 3.11 shall be transferred to the capital-projects fund upon voter, board of school estimate or capital project review board approval. The revenue sources shall be accounted for separately with, and accorded the same accounting treatment as, the corresponding school bonds.

History

Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote (a), (c), and (d); in the introductory paragraph of (b), substituted "capital-projects" for "capital projects"; and in (b)3, substituted "lease-purchase" for "lease purchase".

N.J. Admin. Code § 6A:26-4.2 Use of capital-projects fund to account for a capital project funded in part or in whole by school bonds, short-term notes, or pre-EFCFA lease-purchase agreements of greater than five years$DQ$ duration

(a) The cost of a capital project covered by bond proceeds shall include costs associated with architects, lawyers, and construction managers even if not specifically stated in the referendum question approved by voters or in the resolution approved by the board of school estimate or capital project review board. A district board of education that budgeted and charged such costs to the general fund prior to the referendum has the option to reimburse the costs from the capital-projects fund after approval of the referendum or resolution.

(b) Use of the capital-projects fund to account for bond proceeds and short-term notes shall be limited to the following:

Type I and Type II school districts with boards of school estimate shall be limited to the amount fixed by the board of school estimate pursuant to N.J.A.C. 6A:26-3.7(e) for each capital project, or projects when jointly submitted, under N.J.S.A. 18A:22-19 and 30, and 18A:24-55.
Type II school districts without a board of school estimate shall be limited to the amount approved by voters for each capital project, or projects when jointly submitted, pursuant to N.J.S.A. 18A:22-39 and 18A:24-55.
State-operated school districts shall be limited to the amount approved by the capital project review board.
The local share of capital projects when jointly submitted in (b)1 or 2 above may be transferred among projects within an approved referendum as long as the school district adequately discloses in the referendum question that such transfers can be made and the district board of education can attest that all projects can be completed as approved, and no excess costs beyond those approved by voters shall be eligible for transfers.

i. If the ability to transfer was not disclosed in the referendum question, the Commissioner may approve the transfer upon the school district's written request of need and the district board of education's certification of its ability to complete all projects as approved and that no excess costs beyond those approved by voters shall be eligible for transfer.

(c) Use by a district board of education of the capital projects fund to account for a lease-purchase agreement greater than five years is limited to the expenditures in the approved pre-EFCFA lease-purchase agreement greater than five years.

(d) A district board of education shall not transfer capital-project cost overruns to general-fund current expense or capital outlay and shall not fund capital-project cost overruns by general-fund appropriations or surplus pursuant to N.J.S.A. 18A:22-8.2, unless such transfer is approved by the Commissioner to supplement proceeds from a school bond authorization or pre-EFCFA LPA agreement pursuant to N.J.S.A. 18A:22-8.2(c). After consideration of alternative corrective actions, the Commissioner shall approve, according to N.J.A.C. 6A:26-4.4(a)5, the transfer only if it is in the best interests of both students and taxpayers.

(e) Interest earned on investments in the capital-projects fund shall not be used to supplement the school-bond authorization, unless expressly authorized in the referendum or resolution pursuant to N.J.A.C. 6A:26-3.7, or expressly authorized in the pre-EFCFA LPA.

All transfers of interest shall be:

i. Made by resolution to either the debt-service fund or the general fund at the discretion of the district board of education; and

ii. Completed annually and at the end of the project.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (b), added 4; in (d), amended the N.J.A.C. reference.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (b)1 and (b)2, inserted "school" preceding "districts" throughout; in (b)3, substituted "State-operated school districts" for "State Operated Districts"; in (b)4, inserted "of education"; and in (b)4i, inserted "school" preceding "district's".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Use of capital projects fund to account for a capital project funded in part or in whole by school bonds, short term notes, or pre-EFCFA lease purchase agreements of greater than five years duration". Rewrote the section.

N.J. Admin. Code § 6A:26-4.3 Use of capital projects fund to account for a school facilities project not funded in part or in whole by school bonds or short-term notes

(a) School districts shall use the capital-projects fund to account for an approved school facilities project where the school district elects to receive a grant pursuant to N.J.S.A. 18A:7G-15 and to fund the entire local share through a means other than school bonds or short-term notes.

(b) Local share budgeted in capital outlay and/or withdrawn from capital reserve for a school facilities project not funded by school bonds or short-term notes shall be transferred to the capital-projects fund upon execution of the grant agreement with the Development Authority in accordance with N.J.A.C. 6A:26-3.8(a)3 and 9.1.

(c) A district board of education may utilize by resolution general-fund surplus up to 20 percent above the awarded project cost in response to change orders allowed pursuant to N.J.A.C. 6A:26-4.9 and in accordance with N.J.A.C. 6A:26-4.4(b).

History

Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (a), substituted "School districts" for "Districts" and inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Use of capital projects fund to account for a school facilities project not funded in part or in whole by school bonds or short term notes". In (a) and (b), substituted "capital-projects" for "capital projects" and "short-term" for "short term"; in (b), substituted "Development Authority" for "authority"; and in (c), substituted "by resolution general-fund" for "general fund", and deleted "by board resolution" following "cost".

N.J. Admin. Code § 6A:26-4.4 Options where there are insufficient funds to complete a capital project

(a) A district board of education shall have the following options for referendum-authorized projects upon opening initial bids for the project, or at any other time when it is determined that there are not sufficient funds to complete the referendum-authorized project(s). The district board of education shall:

Reject all bids pursuant to N.J.S.A. 18A:18A-36 and re-advertise based on the same specifications, or on modified specifications that do not materially impact the nature and scope of the project and that have been approved by the Division pursuant to N.J.A.C. 6A:26-5;
If contracts were previously awarded, seek approval pursuant to N.J.A.C. 6A:26-4.9 for a change order for modifications to effect economies they would not materially impact the nature or scope of the project as approved by the Division and board of school estimate or voters, as applicable;
Seek approval of the board of school estimate or voters, as applicable, for additional funds to complete the project.

i. The sale of additional bonds, transfer of general-fund surplus, additional tax levy, capital reserve, and/or unexpended bond proceeds of a capital project authorization may be utilized upon voter or board-of-school-estimate approval according to procedures in N.J.A.C. 6A:26-4.6(b);

ii. Approval for the sale of additional bonds shall be by resolution or referendum in accordance with N.J.S.A. 18A:24-1 et seq.;

iii. Approval for the transfer of general-fund surplus, additional tax levy, and/or capital reserve to supplement an approved referendum may be through special appropriation in a Type I school district, separate question at a special election in a Type II school district without a board of school estimate, or through the appropriate line-items and supporting documentation in the base budget at the annual election as follows:

(1) Requests at the annual election through the appropriate line-items and supporting documentation in the base budget shall have a statement of purpose, as prescribed by the Commissioner, to be included in the advertised budget. Requests shall also be specifically discussed at the public hearing as documented in the district board of education minutes.

(2) Approved line-item appropriations in the annual budget certified for taxes for the requests in (a)3iii(1) above shall not become part of the pre-budget-year net budget for purposes of calculating the spending-growth limitation of the subsequent year pursuant to N.J.S.A. 18A:7F-1 et seq. Unused spending authority calculated pursuant to N.J.A.C. 6A:23A-10.3 that is created by such approvals shall not be considered unused spending authority available to a district board of education in the next two subsequent budget years;

Redefine/scale down the scope of the project and seek approval of the board of school estimate or voters, as applicable, to use the original proceeds for the redefined scope and/or new purpose. All such projects shall be resubmitted and the Division shall redetermine final eligible costs prior to seeking board-of-school-estimate or voter approval; or
Apply to the Commissioner for a transfer of general-fund surplus to the capital-projects fund to supplement the proceeds from a bond authorization or pre-EFCFA lease-purchase agreement greater than five years if determined and approved by the Commissioner that a transfer is in the best interests of both students and taxpayers of the school district after consideration of alternative corrective actions.

i. The school district application shall include a narrative on the need for the transfer and analysis of alternative corrective actions, including steps outlined in (a)1 through 4 above, a copy of the referendum question and detailed cost analysis of the capital project to support the need for the transfer request. The project cost analysis shall include, at a minimum, a comparison of the itemized budget as approved by the Division, including the determination of final eligible costs for a school facilities project; the itemized budget as approved by the voters, including pre-referendum and post-referendum costs; the itemized budget for the project upon bid award; and any change orders approved pursuant to these regulations or change orders pending approval.

ii. The Commissioner's approval shall be based upon:

(1) A recommendation from the executive county superintendent that no further alternative corrective actions can be made after his or her review of the school district's application in consultation with the Division;

(2) The Division's recommendation that the capital project is within the facilities efficiency standards and necessary for educational adequacy after the Division's review of the school district's application. If the Division determines the project scope is beyond the facilities efficiency standards and the excess costs are greater than the transfer request, the Division shall take into consideration in its recommendation whether the excess costs are outside the control of the school district;

(3) School district certification that the transfer request is not due to contractor malfeasance subject to legal recourse. If the transfer request is due to architect, engineer or contractor malfeasance, then the school district shall certify its intent to pursue all legal options. If the transfer request is approved by the Commissioner, any subsequent awards on the legal action shall be recorded as revenue in the general fund; and

(4) Other considerations as appropriate.

iii. If the need for the transfer is due solely to inaccurate and/or insufficient project cost estimates, a district board of education may not request Commissioner approval for a transfer of general fund surplus without first seeking corrective action through board of school estimate or voter approval, as applicable, of additional funds and/or revised scope pursuant to (a)3 and/or 4 above.

iv. The Commissioner shall not approve a transfer request if the district board of education did not include an adequate level of contingency at the time of contract award in accordance with N.J.A.C. 6A:26-4.8(c).

v. If a capital project contains excess costs or is an other capital project, no transfer of general-fund surplus shall be approved by the Commissioner prior to a district board of education submission of the capital project for bids on at least two separate occasions.

(b) A district board of education shall have the following options for a school facilities project when the school district elects to receive a grant pursuant to N.J.S.A. 18A:76-15 and elects to fund the entire local share through a means other than school bonds if there are insufficient funds to complete the project upon opening initial project bids or any time thereafter. The district board of education shall:

Seek approval of the board of school estimate or voters, as applicable, for additional funds to complete the project. Sources that may be considered are:

i. The sale of bonds;

ii. The transfer of general-fund surplus;

iii. A tax levy;

iv. Capital reserve; and/or

v. The unexpended proceeds of a capital-project authorization according to N.J.A.C. 6A:26-4.6(b); or

Transfer by district board of education resolution general-fund surplus in an amount not to exceed 20 percent of the school facilities project award price in response to change orders allowed pursuant to N.J.A.C. 6A:26-4.9; or
Transfer from capital reserve pursuant to N.J.A.C. 6A:23A-14.1.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote (a).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in (a)3iii(1), inserted "of education"; in (a)5ii(1) and (a)5ii(2), inserted "school" preceding "district's"; in (a)5ii(3), substituted "School district" for "District"; and in the introductory paragraph of (b), inserted "district" preceding "board".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.

N.J. Admin. Code § 6A:26-4.5 Over-expending a capital project

(a) Under the New Jersey Code of Criminal Justice, Title 2C of the New Jersey Statutes, it is a crime for a public official or employee to knowingly disburse, order, or vote for the disbursement of moneys or incur obligations in excess of appropriations or an amount limited by law. The Department shall notify the Office of Inspector General, and may notify the Director of the Division of Criminal Justice if an over-expenditure/deficit is detected in a capital project.

(b) A district board of education over-expending the capital-projects fund also shall be subject to a reduction in its State aid and other actions pursuant to N.J.A.C. 6A:23A-16.1 0 and 6A:26-14.1, if applicable.

History

Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In (a), inserted a comma following "order" and following "Inspector General", and substituted "shall" for "will" and "of the" for a comma following "Director"; and in (b), substituted "capital-projects" for "capital projects" and "also shall be" for "is also", and updated the first N.J.A.C. reference.

N.J. Admin. Code § 6A:26-4.6 Unexpended bond proceeds

(a) A capital project shall be considered completed for the purposes of determining unexpended bond proceeds under this section when:

The project has received its certificate of completion from the contractor;
All retainage has been liquidated; and
A permanent certificate of occupancy has been received, if applicable.

(b) Any school bonds proceeds that remain unspent upon completion of the capital project shall be disposed of by the school district in accordance with N.J.S.A. 18A:24-47 et seq. if issued by the school district for a school facilities project prior to July 18, 2000, and where the school district received no funding pursuant to EFCFA except for funding received pursuant to N.J.A.C. 6A:26-13.1(b), or issued for an other capital project.

Unexpended balances may remain in the capital projects fund for six years after the time of issuance or sale of bonds pursuant to N.J.S.A. 18A:24-48 and 51.
Within six years of issuance or sale, if a new purpose(s) for the unexpended balances is determined, the board of school estimate, capital project review board, or voters may approve the change in purpose by resolution or ballot question pursuant to N.J.S.A. 18A:24-48 through 52.

i. The resolution or ballot question for the new purpose shall receive Commissioner approval pursuant to N.J.S.A. 18A:24-49 through 52 if the bonds mature beyond the period prescribed for the new purpose(s) by N.J.S.A N.J.S.A. 18A:24-5.

If no new purpose for the unexpended balances is determined within the six years from issuance or sale, the district board of education shall transfer by resolution the funds to either the general fund or debt-service fund.

i. To establish there is no new purpose, the school district's budgeted appropriations and actual expenditures for the transfer year may not reflect capital outlay spending.

After six years from issuance or sale, unexpended balances shall be transferred by resolution to either the general fund or the debt-service fund.

(c) Proceeds of school bonds issued by the school district or other revenue sources transferred to the capital-projects fund, pursuant to N.J.A.C. 6A:26-4.1, for the purpose of funding all or part of the costs of ROD school facilities projects that remain unspent upon completion of the school facilities projects and/or other capital projects whose funding was authorized by the bonds shall be used by the school district to reduce the outstanding principal amount at the earliest call date or to annually reduce the debt service principal payments. The provision shall apply if any school facilities project funded by the school bonds receives the State share of eligible costs.

If the unexpended proceeds are used annually to make debt-service-principal payments, the proceeds shall remain in the capital projects fund and be appropriated in each subsequent year's budget certified for taxes to reduce in full each year the debt-service-principal payment until the proceeds are exhausted.
Use of unexpended bond proceeds to make principal payments shall be used in the determination of State debt service aid pursuant to N.J.A.C. 6A:26- 3.8, if applicable.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote (c); in (d), inserted "or projects," following "facilities project".
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; and in (b)3i and (d), inserted "school" preceding "district's".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In the introductory paragraph of (a), substituted "shall be" for "is"; rewrote the introductory paragraph of (b), and (b)3 through (c); and deleted (d).

N.J. Admin. Code § 6A:26-4.7 Oversight of ROD constructed school facilities projects

(a) Every district board of education shall be subject to the following for every approved school facilities project receiving State support under this chapter:

To provide the Commissioner assurance that the contracting process for design and construction contracts for school facilities projects conforms to all requirements of Title 18A of the New Jersey Statutes and all other applicable laws and rules, the school district shall, in a separate certification for each contract awarded for a school facilities project pursuant to (a)3 below, certify that the school district has followed the provisions of law related to:

i. Authorization to prepare plans and specifications;

ii. Preparation and contents of bid specifications;

iii. Approval of plans and specifications;

iv. Advertising for bids;

v. Review and evaluation of proposals; and

vi. Award and execution of contracts.

The design and construction contracting process, contract administration and the payment of claims, and change orders for school facilities projects shall be subject to audit by the Commissioner.
Upon the award of each design or construction contract, the school district shall submit a Commissioner-provided form certifying that the procurement process conformed to all requirements of statute and rules, including, but not limited to, the matters covered in (a) above, and that all contracts procured for the school facilities project conformed to Title 18A of the New Jersey Statutes and all other applicable laws. The form shall be certified by the school business administrator and approved by resolution of the district board of education.
The school district shall maintain a project file that shall include, but not be limited to, the following:

i. All documents related to the project-approval process, including project siting; land acquisition; real estate (deeds, leases, title report including searches for easements, mortgages, judgments, liens, unpaid taxes, water and sewer, property description by metes and bounds); surveys; district board of education resolutions; referendum ballot questions or municipal debt ordinances; and all public notices pursuant to the Open Public Meetings Act;

ii. All documents related to the financing of the project including:

(1) Selection and payment of professionals, such as bond counsel and other attorneys; underwriters; financial and investment advisors; trustees; official printers; and bond insurers;

(2) Structuring of the financing, such as the method(s) of borrowing considered, complete financing estimates and cash flows, all number runs, including escrow sufficiency, if applicable, and yield calculations; the rationale for the plan of financing (resulting in the issuance of obligations under terms most advantageous to the school district) long-range plans or models, computerized models, private uses, and costs of issuance; and

(3) Issues of debt, such as general, series, and supplemental bond resolutions; trust indentures; trust agreement; preliminary official statement; all disclosure materials; Official Notice of Sale or Purchase Contract; arbitrage certificate; tax regulatory agreement; IRS Form 8083, as appropriate; Disclosure Agreement; and TEFRA Notice, if applicable;

iii. All documents related to the bidding process, evaluation of bids, award and execution of contracts, the specifications, request for proposal or other invitations to bidders; advertisements or public notices of the bid opportunity; logs of the bids received and the bids opened; bid evaluation worksheets; notices of contract award; and the executed construction contract documents;

iv. All documents related to the construction of school facilities, including documents required by the construction contract documents to be kept; specifications; change orders; alternate submissions; approvals or rejections; unit prices; product data; time of performance schedules; construction photographs; qualify control management reports; value engineering information; up-to-date project accounting system; intermediate and final audits; "as builts" or other drawings documenting the actual facilities built and fixtures installed; close-out documentation on forms provided by the Department; related correspondence; vouchers; and certifications;

v. All payroll certifications filed with the school district by all contractors and subcontractors; and

vi. All documents a school district is legally required to make, maintain, or keep on file as part of a construction project.

(b) The documents in (a) above shall be maintained in a readily accessible place for review and inspection by the Department, the Development Authority, the Department of Community Affairs, and the Office of Government Integrity for the duration of the school facilities project and three years thereafter, or until completion of all litigation concerning any aspect of the school facilities project, if any. Destruction of the documents shall be consistent with the record retention schedule adopted pursuant to N.J.S.A. 47:3-15 et seq.

A standardized voucher form, where provided to school districts by the Department, shall be fully executed by contractors, delivered to the school district prior to a school district providing any payment to a contractor and maintained by the school district in the project file. Prior to the school district providing any payment, the voucher form shall be countersigned, where indicated, by the school district.
School district shall include standardized contract provisions, where provided by the Department, in all contracts for the design and construction of a school facilities project.
All contractors, and subcontractors in the four areas listed in N.J.S.A. 18A:18A-18, utilized by school districts to construct school facilities projects shall be pre-qualified pursuant to the Development Authority pre-qualification process.
Upon completion of a school facilities project that received State share in the form of a grant pursuant to N.J.S.A. 18A:7G-15 or N.J.S.A. 18A:7G-13(a), the school district shall submit to the Division a copy of the documents required for the final completion disbursement: the certification by the school business administrator and the design consultant certification upon final completion. Upon completion of a school facilities project for which State support is in the form of debt-service aid pursuant to N.J.S.A. 18A:7G-9 or 10, the school district shall submit, on a form to be provided by the Commissioner, a certification of the school business administrator, which shall be approved by resolution of the district board of education, certifying that the school facilities project was constructed consistent with the approved plans and specifications for the school facilities project and all approvals provided by the Commissioner pursuant to EFCFA.

(c) School districts are encouraged to report to the Division of Wage and Hour Compliance, Department of Labor, on the failure to receive from contractors and subcontractors certified payroll records, required pursuant to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. School districts receiving certified payroll records with suspected inaccuracies or receiving other indications of noncompliance with the New Jersey Prevailing Wage Act are also encouraged to report to the Division of Wage and Hour Compliance, Department of Labor, and, as well, to take other steps such as verifying the accuracy of these certified payroll records by comparing them against other payroll-related records and gathering site inspection information from construction managers on a spot check basis.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (a), substituted "state support" for "funding" in the introductory paragraph; in (b), substituted "Government Integrity" for "the Inspector General" following "the office of" in the introductory paragraph, amended the N.J.A.C. reference in 2, and rewrote 5.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in (b)1 and (b)4, inserted "school" preceding "districts"; and in (b)3 and (c), substituted "School districts" for "Districts" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Oversight of non-Authority constructed school facilities projects". In the introductory paragraph of (a)1, deleted ", for each contract awarded for a school facilities project"; and rewrote (a)3 through (b).

N.J. Admin. Code § 6A:26-4.8 Bidding and awarding of contracts for ROD capital projects

(a) Bids shall be advertised and received, and contracts awarded only after final approval of plans and specifications from the Department of Community Affairs, Division of Codes and Standards or the local enforcing agency if it performs the UCC review. Bids may be advertised but contracts shall not be awarded before the school facilities project or other capital project has received approval from the Division for final educational adequacy, pursuant to N.J.A.C. 6A:26-5.4, if applicable. If the school facilities project is not subject to either final educational adequacy review or UCC review, bids shall be advertised and received, and contracts awarded only after final eligible costs have been determined pursuant to N.J.A.C. 6A:26-3.6.

(b) In accordance with N.J.S.A. 18A:18A-36, school districts shall award contracts within 60 days of receipt of bids, and may apply to the municipal construction enforcing official for the required building permits.

(c) At the time of contract award, school districts shall encumber a contingency in an amount equal to no less than five percent of the total costs of construction of a capital project, against which change orders may be approved in accordance with N.J.A.C. 6A:26-4.9. However, school districts shall not encumber an amount that would result in the total contract award plus any contingency totaling more than the approved referenda amount if the capital project is funded wholly or in part by bond proceeds.

(d) School districts shall award one or more contracts for the entire approved scope of the capital project, unless there is prior Division approval in accordance with the following:

The bid documents include one or more bid alternates that the school district may opt not to award, provided there is no impact on the educational adequacy or the total costs of a capital project; or
The school district demonstrates to the Division that extraordinary circumstances require an award of the entire approved project scope in separate phases, and the school district has demonstrated that adequate funds are available to complete the entire approved project scope.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (a), added the second and third sentences.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (b) and (c), inserted "school" preceding "districts"; in (d), substituted "School districts" for "Districts"; and in (d)1 and (d)2, inserted "school" preceding "district" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Bidding and awarding of contracts for non-Authority capital projects". In (a), substituted "and" for a comma following "advertised" twice, "UCC" for "Uniform Construction Code", and "shall" for "may"; in (c), substituted "N.J.A.C. 6A:26-4.9. However, school districts" for "N.J.A.C. 6A:26-4.9, but"; and in (d)1, deleted "that" after "provided".

N.J. Admin. Code § 6A:26-4.9 Submission of change orders for ROD projects

(a) Contract change orders for capital projects shall be governed by the following:

Change orders may be approved by district boards of education for no more than the approved referendum amount for a capital project funded in whole or in part by bond proceeds, when necessitated by one of the following:

i. Emergencies consistent with N.J.S.A N.J.S.A. 18A:18A-7;

ii. Unforeseeable physical conditions; or

iii. Minor modifications to project scope that achieve cost savings, improve service or resolve construction conditions.

Upon its determination that an extraordinary circumstance exists, the Division shall approve all other change orders, including, but not limited to, the following:

i. Change orders that increase in the aggregate by more than 20 percent the original-award amount of each contract or of the entire project but for no more than the approved referendum, including changes funded by project contingency in N.J.A.C. 6A:26-4.8(c);

ii. Change orders that eliminate or affect the project scope that was the basis of the Division's determination of the final eligible costs of a school facilities project pursuant to N.J.A.C. 6A:26-3.6; or

iii. Change orders that affect the number, size, configuration, location or use of educational spaces.

Before the school district or Division may authorize a change order that increases the contract amount, the availability of funds shall be certified by the board secretary, on a form prescribed by the Commissioner that indicates:

i. The original contract amount and funds allocated to each contract in the overall project;

ii. All payments made to date;

iii. All change orders approved and pending to date;

iv. The percentage of the project that is completed, and the percentage of the contract cost remaining; and

v. The funds available to complete the project, including all change orders that were executed or are pending.

For change orders that must be approved by the Division pursuant to (a)2 above, the school district shall file with the Division the following:

i. Two copies of the change-order request indicating in detail the scope of the change order and the basis upon which the proposed change order may be approved pursuant to this subchapter;

ii. A certification of the availability of funds per (a)3 above; and

iii. A certification that no other solution is possible when a proposed change order affects the final eligible costs of a school facilities project, and that no excess scopes are proposed for inclusion in the project in lieu of the final eligible costs.

(b) Upon receipt of all materials required in (a) above, the Division shall promptly undertake its review and determine whether a proposed change order is necessary. If approved, a copy of the change order request marked "Approved" by the Division shall be sent to the school district.

(c) When the aggregate value of change orders undertaken pursuant to (a)1 above exceeds 20 percent of the total contract-award amount or the total project cost, necessitating Division approval pursuant to (a)2iii above, the school district shall submit on a form prescribed by the Commissioner and certified by the district board of education secretary a summary of each change order approved, the justification for each change order, and the change in the contract amount.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (a), deleted the N.J.A.C. reference in the introductory paragraph.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Submission of change orders for non-Authority projects". Rewrote the section.

N.J. Admin. Code § 6A:26-4.10 Change orders for Development Authority school facilities projects

(a) For projects constructed by the Development Authority, only change orders that affect the approved number, size, configuration, location, or use of educational space shall be submitted to the Division for review and approval.

(b) The Development Authority shall submit to the Division periodic reports on each project being constructed under its auspices, indicating the contract-award amounts, the nature and scope of each approved change order, the revised project amounts, and the total costs of change orders approved to date.

History

Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Change orders for Authority school facilities projects". In (a) and (b), inserted "Development"; in (a), inserted a comma following "location"; and in (b), substituted "shall" for "will" and "contract-award" for "contract award", and inserted a comma following "amounts".

Subchapter 5 REVIEW OF CAPITAL PROJECTS FOR EDUCATIONAL ADEQUACY

N.J. Admin. Code § 6A:26-5.1 General provisions

(a) All capital projects that affect any of the following criteria for educational adequacy shall be reviewed and approved by the Division according to this subchapter. The criteria are the number, configuration, size, location, or use of educational spaces within a school facility. The review for educational adequacy shall take into consideration the suitability of the number, configuration, size, location, and use of educational spaces; built-in furniture and equipment; and provisions for the disabled. Capital projects that involve the following types of building construction work shall be approved for educational adequacy:

New school facilities including pre-fabricated facilities;
Additions to existing school facilities;
Alterations to the total number, dimension in volume and/or area, configuration or location of educational spaces or the number of any one kind of educational space; and
Installation of temporary facilities.

(b) Both Development Authority and ROD school facilities projects, along with other capital projects, shall be subject to educational adequacy reviews. The review process and types of documents subject to review will differ somewhat depending on whether the project is a school facilities project or other capital project, and, if a school facilities project, on whether it is a Development Authority project or a ROD project.

For a Development Authority school facilities project, the Development Authority on behalf of the school district shall apply for the review and approval for educational adequacy in conjunction with the application for approval of a school facilities project pursuant to N.J.A.C. 6A:26-3. The application shall be made prior to the review and approval of capital projects for compliance with the UCC, N.J.A.C. 5:23, by the Division of Codes and Standards in the Department of Community Affairs, and prior to local share authorization. The educational-adequacy review shall cover the following types of project documents: educational specifications; schematic plans and related documents; detailed plans and specifications; and final plans and specifications. The educational specifications, schematic plans, and related documents shall be submitted by the Development Authority on behalf of the school district at the time of project application. Detailed and final plans and specifications shall be forwarded to the Division by the Development Authority after project approval but prior to the Division determination of final eligible costs and Department of Community Affairs review for UCC compliance.
For a ROD school facilities project, school districts shall apply for the review and approval for education adequacy in conjunction with the application for approval of a school facilities project. The educational-adequacy review shall cover the following types of documents: educational specifications, schematic plans and related documents, and final plans and specifications. The educational specifications, schematic plans, and related documents shall be submitted by the school district at the time of project application. Final plans and specifications shall be submitted by the school district after project approval but prior to the UCC-compliance review.
For an other capital project, school districts shall apply for the review and approval for educational adequacy in conjunction with the application for the Division review for consistency with the school district's approved LRFP. The educational adequacy review shall cover educational specifications, schematic plans and related documents, and final plans and specifications. The educational specifications, schematic plans, and related documents shall be submitted by the school district at the time the project is reviewed for consistency with the school district's approved LRFP. Final plans and specifications shall be submitted by the school district after the consistency review but prior to the UCC-compliance review.

(c) The executive county superintendent shall approve any change of use of instructional space that is not a capital project.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (a), deleted 4 and 6 and recodified former 5 as 4; rewrote (b).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in (b)2 and (b)3, inserted "school" preceding "districts"; and in (b)3, inserted "school" preceding "district's" two times.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.

N.J. Admin. Code § 6A:26-5.2 Educational specifications

(a) Submissions of educational specifications for educational-adequacy reviews shall include the following:

Details of the educational program activities and requirements for each space proposed in the capital project, and shall refer to the New Jersey Student Learning Standards wherever appropriate;
An itemized list of furniture, equipment, and support spaces required to conduct the educational program specified for each space, together with their net areas in square feet, as well as the net of the total room area required for each space;
Specific technical and environmental criteria, adjacencies, and other requirements for the educational program; and
A building-space program that indicates the number and net area in square feet of each instructional, specialized instructional, administrative, and support space in each existing or proposed building included in the capital project and/or the temporary facility.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:26-5.3 Schematic plans and other related project documents

(a) Submission of schematic plans for educational adequacy reviews shall include the following:

Four sets of schematic plans showing the entire existing and proposed building drawn to a scale of not less than 1/16 inch per foot. The approved use of each space, the proposed number of occupants, and the net square feet area, shall be clearly labeled on all existing and proposed spaces;

Layouts of the built-in and moveable furniture and equipment for examples of all occupied spaces drawn to a scale of not less than 1/8 inch per foot;

Information required to demonstrate compliance with the Facility Planning Standards at N.J.A.C. 6A:26-6, including dimensions, clearances, ceiling heights, and required equipment;
Paths of travel for disabled persons;
A completed plot plan when site work is required, including the intended location of the school and a layout of the locations of all other structures, multi-purpose physical education fields, playgrounds, walkways, roadways, access roads, buffer and set back zones, parking areas, deed restrictions, easements, protective covenants, right of ways, and environmentally sensitive areas. If the land for the site is being acquired, an application also shall be submitted for approval under N.J.A.C. 6A:26-7.1; and
The signature and seal of a New Jersey licensed architect or professional engineer if there is an architect or engineer engaged for the project and signatures of the president of the district board of education and chief school administrator. In the case of Development Authority school facilities projects, schematic plans shall also be signed by the Development Authority, pursuant to N.J.S.A. 59:4-6.

(b) Other project documents to be submitted with the schematic plans shall include:

A project cost estimate on a form provided by the Commissioner;
A project schedule;
A copy of the dated transmittal letter to the executive county superintendent indicating project document submission to the Division; and
A copy of the transmittal letter indicating the date of plan submission to the local planning board, where required by N.J.S.A. 40:55D-31 and 18A:18A-16, including, but not limited to, whenever the project consists of a new building, the conversion of an existing building to school use, or the building footprint, volume, pedestrian or vehicular access are altered by the project.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (c), substituted "Equity and Equal Educational Opportunity" for "Bilingual Education and Equity Issues" and inserted "school" preceding "district" two times.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote (a)1 through (a)6; in (b)1, substituted "Commissioner" for "commissioner"; and in (b)3, inserted "executive"; and deleted (c).

N.J. Admin. Code § 6A:26-5.4 Detailed plans and specifications and final plans and specifications

(a) In the case of a Development Authority school facilities project, the Development Authority on behalf of the school district shall apply upon completion of detailed plans and specifications for final approval of the project's educational adequacy. Detailed plans and specifications shall be considered adequate for calculations of final eligible costs if the plans and specifications are at least 60 percent complete. Final approval of the educational adequacy of the project shall occur prior to the calculation of the final eligible costs of the school facilities project, pursuant to N.J.A.C. 6A:26-3.5. The application for final approval shall include:

Four individually packaged sets of detailed plans, drawn to a scale of not less than 1/8 inch per foot, signed and sealed by a New Jersey licensed architect or professional engineer and signed by the president of the district board of education, chief school administrator, and the Development Authority, and specifications to sufficiently demonstrate the school facilities project conforms to schematic plans approved by the Division. To demonstrate such conformance, the submission shall include architectural floor plans, an architectural site plan, as applicable, and architectural drawings that will allow verification of ceiling heights and other applicable standards in N.J.A.C. 6A:26-6.3. If the Division determines the documents are not sufficient to demonstrate conformity with the schematic plans, it may request additional drawings and/or technical specifications;
The fee calculated according to the fee schedule pursuant to N.J.A.C. 6A:26-5.5; and
In the event there is a change affecting the number, configuration, size, location, or use of educational spaces as set forth in the detailed plans and specifications submitted to the Department, the Development Authority shall submit to the Division the application with two sets of final plans and specifications, as set forth in (b)1 below. No additional fee shall be imposed.

(b) In the case of a ROD school facilities project or an other capital project, the school district shall apply upon the completion of final plans and specifications for final approval of the educational adequacy of the project. The application shall include:

Four individually packaged sets of detailed plans, drawn to a scale of not less than 1/8 inch per foot, signed and sealed by a New Jersey licensed architect or professional engineer and signed by the president of the local district board of education and chief school administrator, and specifications to sufficiently demonstrate the capital project conforms to schematic plans approved by the Division as described in (a)1 above;
A properly executed copy of a "Request for Local Release of School Construction Plans" for a school district that chooses to have a municipal code enforcing agency review its plans for UCC conformance. The review shall include the documentation required by the UCC, N.J.A.C. 5:23-2.1 5, for the requirements for application for a construction permit or for plan review, as appropriate. The school district's chief school administrator and municipal code enforcing agency chief shall sign the form, which may be obtained from the Division; and
A check payable to the "Treasurer, State of New Jersey" for the fee calculated according to the fee schedule pursuant to N.J.A.C. 6A:26-5.5.

(c) In the case of a temporary facility, the school district, or the Development Authority on behalf of the school district for Development Authority school facilities projects, shall apply upon the completion of detailed plans and educational specifications for approval of the temporary facility's adequacy. Detailed plans and educational specifications shall be considered adequate for calculations of eligible costs if the plans and educational specifications are at least 60 percent complete unless otherwise provided in (c)9 below. The application shall include:

Four sets of detailed plans, drawn to a scale of not less than 1/8 inch per foot, signed and sealed by a New Jersey registered architect or licensed engineer and signed by the president of the district board of education and chief school administrator, as well as the Development Authority in the case of a temporary facility that is part of an Development Authority school facilities project, and educational specifications to sufficiently demonstrate the educational adequacy of the temporary facility and compliance with the temporary-facility standards at N.J.A.C. 6A:26-8;
A completed plot plan whenever site work is required for the temporary facility. On it shall be shown the intended location of the temporary facility and a layout of all other structures, play and recreation areas, athletic fields, walkways, roadways, access roads, buffer and set-back zones, and parking areas. It also clearly shall indicate the impact that placement of the temporary facility will have on the site of the permanent school facility;
A copy of the dated transmittal letter to the executive county superintendent indicating plan submission to the Division;
A copy of the transmittal letter indicating the date of plan submission to the local planning board, whenever required by N.J.S.A. 40:55D-31 and 18A:18A-16;
A temporary-facility schedule addressing the relationship to the school facilities project schedule, in the event that the temporary facility is part of a school facilities project;
The fee calculated according to the fee schedule pursuant to N.J.A.C. 6A:26-5.5. If the temporary facility is not part of a Development Authority school facilities project, payment shall be in the form of a check, payable to the "Treasurer, State of New Jersey";

i. If the fee for the temporary facility is submitted to the Division prior to the submission of the fee for the final educational-adequacy review for the school facilities project, the amount paid for the temporary facility will be credited toward the fee for the school facilities project;

If the temporary facility is not part of a Development Authority school facilities project, a properly executed copy of a Request for Local Release of School Construction Plans for a school district that chooses to have a municipal code enforcing agency review its plans for conformance with the UCC. Such review shall require the documentation required by the UCC, N.J.A.C. 5:23-2.1 5, for the requirements for application for a construction permit or for plan review, as appropriate. The school district's chief school administrator and municipal code enforcing agency chief shall sign the form, which may be obtained from the division; and

If the temporary facility was previously used for school purposes and a certificate of occupancy for Group E is in effect and no change of use is required, a floor plan with proposed occupancy in lieu of signed and sealed plans shall be submitted to the Division to meet the requirements of this section.

History

Amended by R.2003 d.266, effective 7/7/2003.
See: 35 N.J.R. 1379(a), 35 N.J.R. 2865(b).
In (b)4, deleted "unless exempted" preceding the N.J.A.C. reference.
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in (b)2, inserted "school" preceding "district's"; and in (c)6, substituted "Equity and Equal Educational Opportunity" for "Bilingual Education and Equity Issues" two times.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).

N.J. Admin. Code § 6A:26-5.5 Fee schedule

(a) The Division shall collect fees for its reviews of detailed/final plans and specifications for educational adequacy in the case of Development Authority school facilities projects and for its reviews of final plans and specifications for educational adequacy in ROD school facilities projects and other capital projects according to the following schedule:

| Construction Cost | Educational Adequacy | | --- | --- | | Estimate (CCE) | Project Review Fee | | Up to $ 1,000,000 | 0.5 percent of the CCE | | $ 1,000,001 to 10,000,000 | $ 5,000 plus 0.25 percent of the amount | | over $ 1,000,000 | | | Over $ 10,000,000 | $ 27,500 plus 0.1 percent of the amount | | over $ 10,000,000 | |

(b) For purposes of the table in (a) above, the construction cost estimate shall be as set forth in the final eligible cost of a school facilities project or in the cost estimate submitted for an other capital project.

(c) The Division shall calculate the final educational-adequacy review fee for a school facilities project when it reviews and approves the school facilities project application pursuant to N.J.A.C. 6A:26-3.3 or reviews an other capital project application pursuant to N.J.A.C. 6A:26-3.1 2. If the Division approves an award of the project scope in separate phases, pursuant to N.J.A.C. 6A:26-4.8(d), the entire final educational-adequacy review fee shall be remitted to the Division when it reviews the first phase of the school facilities project or other capital project requiring final approval of its educational adequacy, pursuant to N.J.A.C. 6A:26-5.4.

History

Amended by R.2003 d.266, effective 7/7/2003.
See: 35 N.J.R. 1379(a), 35 N.J.R. 2865(b).
In (a), substituted "$ 5,000" for "$ 5,500" in the Educational Adequacy Project Review Fee for construction costs estimates of $ 1,000,001 to 10,000,000; rewrote (c).
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In (a), inserted "Development", and substituted "ROD" for "non-authority"; and in (c), substituted "educational-adequacy" for "educational adequacy" twice, "it" for "the Division" following "when", and "its" for "the", deleted "Division at the time" following "remitted to the" and "of the project" preceding ", pursuant", and inserted "when it".

N.J. Admin. Code § 6A:26-5.6 Capital projects not subject to educational adequacy review

(a) For a Development Authority school facilities project not subject to educational-adequacy review, the Division shall issue a preliminary project report and shall forward to the Department of Community Affairs for review the report along with drawings or narrative sufficient to delineate the scope of work, so the Department of Community Affairs may review construction documents for UCC conformance. The review shall require the documentation required by the UCC, N.J.A.C. 5:23-2.1 5, for the requirements for application for a construction permit or for plan review, as appropriate.

(b) For a ROD school facilities project or other capital project not subject to educational-adequacy review, the Division shall make a determination of the project's final eligible costs and shall forward to the Department of Community Affairs for review the determination along with drawings or narrative sufficient to delineate the scope of work, so the Department of Community Affairs may review construction documents for UCC conformance. The review shall include the documentation required by the UCC, N.J.A.C. 5:23-2.1 5, for the requirements for a construction-permit or plan-review application, as appropriate. If the school district has submitted to the Division a properly executed copy of a "Request for Local Release of School Construction Plans," pursuant to N.J.A.C. 6A:26-5.4(b)2, the Division shall forward the release form to the Department of Community Affairs for its action.

History

New Rule, R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (b), inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.

Subchapter 6 PLANNING AND CONSTRUCTION STANDARDS FOR SCHOOL FACILITIES

N.J. Admin. Code § 6A:26-6.1 Application of the Uniform Construction Code

(a) All school construction shall be done in accordance with the UCC, as administered and enforced by the Department of Community Affairs, and with this subchapter.

(b) The UCC enhancements, enumerated at N.J.A.C. 5:23-3.1 1A(c), shall be required of all capital projects at public schools, and shall be administered and enforced by the Department of Community Affairs. Charter schools shall be required to comply with the UCC enhancements where the health and safety of the building occupants are affected.

(c) The educational facility planning standards, at N.J.A.C. 6A:26-6.3 and 6.4, shall be administered by the Department and cooperatively enforced by the Department and by the Department of Community Affairs. Pursuant to N.J.S.A. 18A:36A-10, charter schools shall not be required to comply with the educational-facility planning standards except where the health and safety of the building occupants are affected.

(d) Among the standards incorporated by reference into the educational facility planning standards, and administered and enforced according to (c) above, is the Barrier Free Subcode of the UCC, at N.J.A.C. 5:23-7.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (b) and (c), amended the N.J.A.C. references; added (d).
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In (a), deleted "State Uniform Construction Code at N.J.A.C. 5:23, hereafter referred to as the" preceding "UCC"; and in (c), substituted "Pursuant to N.J.S.A. 18A:36A-10, charter" for "Charter" and "educational-facility" for 'educational facility"; and in (d), substituted "educational" for "education", and inserted a comma following "standards" and following "above".

N.J. Admin. Code § 6A:26-6.2 Exceptions

(a) No exceptions from the requirements of this subchapter shall be made, except upon the following findings:

That strict compliance with any specific requirement would result in practical difficulty to the school district; and
That the exception, if granted, will not jeopardize the health, safety and welfare of occupants or intended occupants and the public generally.

(b) An application for an exception pursuant to this section shall be filed in writing with the Assistant Commissioner of the Division of Administration and Finance, and shall provide statements of the following:

The subchapter requirements from which an exception is sought;
The manner by which strict compliance with said provisions would result in practical difficulties;
The nature and extent of the practical difficulties; and
Feasible alternatives to the subchapter's requirements that would adequately protect the health, safety, and welfare of the occupants, intended occupants and the general public.

(c) The Division shall review the application, and shall deny or grant it within 90 days by written order stating the reasons therefor.

History

New Rule, R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(a).
Former N.J.A.C. 6A:26-6.2, Educational facility planning standards, recodified to N.J.A.C. 6A:26-6.3.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (a)1, inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.

N.J. Admin. Code § 6A:26-6.3 Educational facility planning standards

(a) The educational facility planning standards delineated in (b) through (h) below, in conjunction with the UCC, shall form the requirements for the design and construction of public schools. Specific standards for school facilities housing preschool students are set forth at N.J.A.C. 6A:26-6.4.

(b) General design and construction requirements shall be as follows:

School facilities shall afford space for general instruction, specialized instruction, administration, and student services, the adequacy of which shall be pursuant to the requirements of this section. In addition, school facilities shall afford accommodations for approved vocational and special education programs;
Instructional rooms with windows shall have no exterior obstructing wall within 20 feet of the major window wall;
Inner courts shall have a minimum width of 20 feet;
Concrete floors in all instructional areas, except shops, shall be covered with a resilient floor covering;
Power tools and machines in shops that generate dust shall be provided with dust-collecting equipment. The equipment shall be either single- or multi-use vacuum packs or a central dust-collection system. Installed systems shall comply with National Fire Protection Association (NFPA) Standard 664 "Standards for the Prevention of Fire and Explosion in Wood Processing and Woodworking Facilities" (1998), incorporated herein by reference, as amended and supplemented, and N.J.A.C. 7:27-8. Copies of the NFPA Standard 664 may be obtained by contacting NFPA, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101.
The ceiling height of an academic classroom or other instructional space containing more than 300 square feet in area shall average nine feet six inches, and no part of the ceiling or other obstruction shall be lower than eight feet. Instructional spaces of less than 300 square feet and areas of larger spaces devoted to clothing alcoves, storage or work space shall have a minimum ceiling height of eight feet;
Height of the ceiling or other obstruction in other areas shall provide a minimum clearance as listed below:

| Gymnasium | 22 feet | | --- | --- | | Auxiliary gymnasium | 14 feet | | Weight room | 12 feet | | Music room (vocal or instrumental) | 12 feet | | The minimum height from overall highest riser to ceiling shall be eight | | | feet. | | | Cafetorium | 18 feet | | Cafeteria | 12 feet | | Industrial arts and vocational shop | 12 feet | | Library/media center | 91/2 feet |

Public school corridors and all other administrative spaces shall have a minimum ceiling height of eight feet;

A health unit shall be provided and shall include a nurse's area, a waiting area, an examination area, a rest area with privacy, drinking water, and toilet facilities sized and arranged so physically disabled persons requiring assistance will be able to receive aid;
Instructional greenhouses shall meet the following standards in addition to the requirements of the UCC and the Fire Prevention Code:

i. All doors shall be a minimum of three feet wide;

ii. Drinking fountains shall not be located inside greenhouses; and

iii. Greenhouses may be either attached to a school building or located at least 20 feet from the school building.

Wherever chemicals are stored or used, an eyewash fountain or similar device capable of providing a 15-minute continuous water flow shall be provided. Eyewash devices shall also be provided per N.J.A.C. 6A:26-12.5;
The minimum dimension of an instructional space or specialized instructional space shall be 10 feet; and
The designs of new schools shall incorporate the guidelines developed by the United States Green Building Council known as Leadership in Energy and Environmental Design (LEED), "LEED for Schools," which is incorporated by reference herein, to achieve maximum energy efficiency and environmental sustainability in the design of schools. A copy of the guidelines may be obtained from the Office of School Facilities, PO Box 500, Trenton, NJ 08625-0500.

Pick-up and drop-off areas shall be designed to provide safe entrances and egress for students and adults;
There shall be clearly marked walkways from drop-off areas into school facilities, and entrances to the school facility shall be clearly marked;
Minimum clear widths for egress corridors serving more than 100 students in pre-kindergarten and elementary schools (kindergarten through fifth grade) shall be:

i. Seven feet, wall to wall without lockers or wardrobes;

ii. Eight feet, wall to locker face with lockers or wardrobes on one side; and

iii. Nine feet six inches, locker face to locker face with lockers or wardrobes on both sides.

Minimum clear widths at any point in middle and high schools, grades six through 12, shall be:

i. Seven feet six inches, wall to wall without lockers;

ii. Eight feet six inches, wall to locker face with lockers or wardrobes on one side; and

iii. Ten feet, locker face to locker face with lockers or wardrobes on both sides.

Minimum clear widths for secondary egress corridors serving 100 or fewer occupants shall be five feet.
Doors from all spaces used by students and school staff, excluding lavatories, storage rooms, janitors' closets, instructional spaces under 300 gross square feet, and locker rooms, shall swing into the corridor and shall have a safety vision panel of 1/4 inch glazing that is at least 100 square inches.

(d) The environment requirements shall be as follows:

Windowless classrooms and other occupied instructional spaces that do not have operable windows equal to at least four percent of the floor space shall be air conditioned, excluding gymnasiums, industrial shops, kitchens, and locker rooms; and
School facilities shall be designed, constructed, and renovated consistent with the standards of the UCC and other applicable State and Federal laws for radon, lead, asbestos, and other contaminants, and subject to the enforcement of such standards by the applicable State or Federal agency.

(e) Safety requirements shall be as follows:

Glazing in fire-rated assemblies shall be in accordance with the UCC. All other interior glazing shall be safety glazing;
A check valve shall be installed in the line supplying gas to each classroom, laboratory, shop or the other area where gas is used by students, except home economics rooms;
Science rooms, laboratories, shops, and other instructional spaces in which an open flame and/or the use of hazardous chemicals occurs, with the exception of home-economic rooms, shall be equipped with an emergency safety cold-water shower and a floor drain or a self-contained water receptacle or catch basin;
All construction or alteration of playgrounds, playground equipment, and surfacing, including materials provided at the base of playground equipment, shall comply with the playground-safety subcode of the UCC at N.J.A.C. 5:23-11, and with N.J.A.C. 5:23-7, the Barrier Free Subcode of the UCC;
When provided, a ceiling paddle fan shall be located at least eight feet above the floor and be enclosed with a metal guard;
Playground equipment shall not be constructed of chromated copper arsenate treated wood; and
The storage of pesticides shall be in a locked metal cabinet and vented to the exterior.

(f) Electrical power and communications requirements shall be as follows:

Push-type emergency cut-out switches shall be provided at appropriate locations within shops to de-energize the electrical supply to non-portable machinery and shall have a clear unobstructed access of a minimum of 36 inches. The switches shall be provided on the basis of one for each 1,000 square feet or fraction thereof of floor area in the shop, but in no case less than two per shop. Reset of the interrupted service shall be by a key-operated switch located within the shop. The cut-off and reset circuits shall be designed and installed to negate the possibility of the control circuit being de-energized, thereby being inoperative;
All non-portable motorized equipment and machinery shall be provided with magnetic-type switches to prevent machines from automatically restarting upon restoration of power after an electrical failure or activation of the above emergency cut-off;
Instructional spaces shall be provided with sufficient electrical power, communication and data outlets to satisfy the school district's program and equipment needs as defined in the school district's approved technology plan or equivalent document and educational specifications for a school facilities project, with not less than two duplex outlets remotely located per space;
Large group areas such as assembly rooms, auditoriums and other large group instructional spaces shall be provided with electrical power, data, and communications outlets at appropriate locations and at the location of portable projectors and built-in speaker cables at stage and platform areas; and
A communication system shall be installed in each classroom to allow for emergency communication to local authorities. The communication system may be in the form of a telephone system capable of placing 9-1-1 calls.

(g) Lighting requirements shall be as follows:

Installed artificial lighting intensity shall comply with the following minimum footcandles, which shall be maintained on the task at any time:

| Installed Lighting Intensity Locations | Minimum | | --- | --- | | Acceptable | | | Footcandles | | | Classrooms and instructional areas - study halls, lecture | 50 | | rooms, art rooms, offices, libraries, conference rooms, work | | | rooms, shops, laboratories, and secondary school cafeterias | | | Drafting, typing, and sewing rooms | 70 | | Reception rooms, gymnasiums, auditoriums, primary school | 30 | | cafeterias, all-purpose rooms, and swimming pools | | | Locker rooms, washrooms, toilet rooms, corridors | 10 | | containing lockers, and stairways | | | Corridors without lockers and storerooms | 5 | | Classrooms for the partially sighted | 70 |

As an alternative to compliance with the above requirements, instructional spaces shall comply with the American National Standards Institute standard number ANSI/IES RP3-00, Guide for Educational Facilities Lighting, (2000) incorporated herein by reference, as amended and supplemented, which is available for review at the Division. The document may be purchased from the American National Standards Institute, Inc., 11 West 42nd Street, New York, New York 10036.

(h) Plumbing requirements shall be as follows:

The number of plumbing fixtures and ventilation requirements shall conform with the provisions of this chapter and be calculated according to the UCC;
General student toilet rooms shall be designed and labeled for student use, contain at least two of each required fixture and be directly accessible from a corridor or an open plan instructional space. Students housed within an instructional space in excess of 300 square feet shall not be required to travel through any other space except a corridor to reach a general pupil toilet room;
There shall be at least one general toilet room for each sex on each floor occupied by students, or all instructional rooms shall have individual toilet rooms. Where classrooms, shops, or physical education rooms are provided with self-contained individual facilities (water closet, lavatory, and drinking fountains), the pupil capacity of the rooms shall not be counted in computing the number of fixtures required in the general pupil toilet rooms;

Toilet facilities for preschool and kindergarten classrooms shall be provided as follows:

i. An individual toilet room shall be provided in each classroom and shall meet the following criteria:

(1) Be located and equipped in such a way as to ensure privacy for the students;

(2) Be accessible to physically disabled students and barrier free in design as per N.J.A.C. 5:23-7;

(3) Be equipped with an open front seat with a flood rim height no greater than 14 inches from the floor, and a lavatory (sink) with a flood rim height no greater than 26 inches from the floor.

ii. In lieu of providing an individual toilet room in each classroom as required in (h)4i above, toilet rooms may be provided adjacent to or outside the classroom if the following criteria are satisfactorily addressed:

(1) No child or group of children shall be left unsupervised at any time when traveling to or from the facilities. Provisions shall be made for adult supervision in a manner that will not infringe upon instructional time;

(2) Toilet facilities shall be readily accessible and the toilet room and signage shall be visible to a child from the classroom door;

(3) Toilet facilities shall be provided for both boys and girls and shall meet the requirements of (h)4i(4) above.

iii. If a school district chooses to provide toilet rooms adjacent to or outside the classroom in conformance with (h)4ii above, the chief school administrator shall certify to the executive county superintendent on forms prescribed by the Commissioner how the alternate method of compliance shall be addressed. The completed form and a copy of a resolution by the district board of education approving the alternate method of compliance shall be submitted to the executive county superintendent for approval. Thereafter, the chief school administrator annually shall resubmit the form certifying how the alternate method of compliance will be addressed. Any changes to the approved alternate method of compliance shall be submitted to the executive county superintendent for approval;

Entrance to toilet rooms and locker rooms shall be designed to prevent visibility into the room;
Water closets shall be separated by individual stall partitions, including doors that are of a smooth impervious material to permit effective cleaning;
Floors of all toilet, shower, and drying rooms shall be water-tight and impervious to moisture. Floors shall be provided with an integral cove base at least four inches high;
Flooring materials of ceramic tile, quarry tile, sheet vinyl, and plastic coatings designed for this purpose shall be deemed to meet the requirements of this subchapter except for use in showers. Resilient tiles or exposed concrete shall not be acceptable in toilet rooms;
Where showers are provided, shower heads shall be at least 30 inches apart, one shower head for each 10 students, with a shower head height of six feet, and 12 square feet of floor area shall be provided per shower head;
Preschool and kindergarten classrooms shall be equipped with a bubbler or water fountain; and
Arts and crafts classrooms shall be equipped with a water source, sink and appropriate sink trap.

History

Recodified from N.J.A.C. 6A:26-6.2 and amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section. Former N.J.A.C. 6A:27-6.3, Private schools for disabled students and schools for disabled students operated by the New Jersey Department of Human Services, recodified to N.J.A.C. 6A:26-6.5.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (f)3, inserted "school" preceding "district's" two times; and in (h)4iii, inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.

N.J. Admin. Code § 6A:26-6.4 Educational facility planning standards for school facilities housing preschool students

(a) The educational facility planning standards delineated in this subchapter shall apply to the design and construction of school facilities housing preschool students. Any standards not addressed in this section are addressed in N.J.A.C. 6A:26-6.3, in conjunction with the UCC. For community providers, the requirements of this section shall supplement but not supplant the requirement manual mandated by the Office of Licensing in the Department of Human Services, for community provider licensure. If this section's requirements exceed the requisites of the Department of Human Services' manual, the requirements of this section shall apply.

(b) General design and construction requirements shall be as follows:

School facilities for preschool students shall afford space for instruction, administration, and student services, as set forth in the facilities efficiency standards in (h) below;

Preschool classrooms shall be no higher than the second floor of a school facility;

Preschool classrooms shall have a minimum of the square footage of usable space per child as set forth in the facilities efficiency standards, and usable space per child shall exclude storage, equipment, or furnishings that are either built-in or not easily movable;
Each preschool classroom shall have an attached toilet room designed to accommodate the needs of physically handicapped students with features sized for the use of preschool students;
Preschool classrooms shall have a resilient floor covering;
Separate from the toilet room, each preschool classroom shall have access to an additional sink with a flood rim height no greater than 26 inches from the floor;
Preschool classrooms shall be equipped with a bubbler or water fountain; and
Preschool classrooms shall be designed to modulate interior noise and minimize exterior noise.

All preschool classrooms shall have operable windows with inside locks and shall be equal to at least four percent of the floor space.

(d) The outdoor play area requirement shall be sufficient to support the achievement of the New Jersey Preschool Teaching and Learning Standards of Quality as defined in N.J.A.C. 6A:13A and by the educational specifications under N.J.A.C. 6A:26-5, and evidenced by a sufficiency standard such as the following: 100 square feet of outdoor play space for each child using the space at one time.

(e) The electrical power and communications requirement shall be as follows:

Child-safety receptacles shall be used throughout preschool classrooms and bathrooms and elsewhere in the school facility where applicable.

(f) Lighting requirements shall be as follows:

Subject to the requirements of N.J.A.C. 6A:26-6.3(g), preschool classroom lighting shall be adjustable and varied across the space with a mixture of both natural and artificial light; and
Preschool classrooms shall have child-safe windows to maximize natural light.

(g) Plumbing requirements shall be consistent with N.J.A.C. 6A:26-6.3(h) 4 except as follows:

Preschool classrooms toilet facilities shall be open to view as a safety precaution;
Toilet facilities for preschool students shall be designated for their exclusive use and shall be so identified; and
Preschool facilities shall provide a diaper/clothes changing area in the classroom.

(h) The facilities efficiency standards for early childhood schools are the following:

| Early Childhood School Model | | | | | | | --- | --- | --- | --- | --- | --- | | For Three and Four Year Old Students | | | | | | | Enrollment | 294 | FTE* | | | | | Utilization Factor | 100% | 1 | | | | | Room Designations | Net | #of | #of | # | Net SF Description | | SF** | students | students | of | | | | per room | per rooms | room | | | | | Instructional Spaces Preschool | 950 | 270 | 15 | 18.00 | 17,100 See notes below | | Classroom | | | | | | | Preschool | | | | | | | Classroom | | | | | | | Special Education | 950 | 24 | 12 | 2.00 | 1,900 | | 19,000 Subtotal Net SF of Instructional Spaces | | | | | | | 1.00 Utilization Factor Subtotal Net SF for Instructional Spaces | | | | | | | 19,000 w/Utilization Factor | | | | | | | Specialized | | | | | | | Spaces | | | | | | | Kitchen | 1,200 | 1.00 | 1,200 | | | | Multi-Purpose | | | | | | | room/ | | | | | | | Gross motor | 3,400 | 1.00 | 3,400 | | | | skills | | | | | | | Small Group | | | | | | | Instruction | | | | | | | Room (SGI) | 400 | 2.00 | 800 | | | | 5,400 Subtotal Net SF for Specialized Spaces | | | | | | | Administrative | | | | | | | Spaces | | | | | | | Nurse | 400 | 1.00 | 400 | | | | Reception/Main | 400 | 1.00 | 400 | | | | Office | | | | | | | Principal/Director | 200 | 1.00 | 200 | | | | Office | 125 | 2.00 | 250 | | | | Conference Room | 300 | 1.00 | 300 | | | | Teacher Work Room | 300 | 1.00 | 300 | | | | 1,850 Subtotal Net SF for Administrative Spaces | | | | | | | 26,250 Total Net SF | | | | | | | 89.29 Net SF per student | | | | | | | 1.4Grossing Factor* * | | | | | | | * | | | | | | | 125.00 Gross SF per student | | | | | | | 36,750 Total Gross SF for population of 294 FTE | | | | | | | $ Area Cost Allowance | | | | | | | 143.00 per SF | | | | | | | $ Cost of new Early | | | | | | | 5,255,250 Childhood School for population of 294 FTE | | | | | |

7* Full time equivalent (FTE) 7** Square Feet (SF) 7*** Grossing factor = 40% of Total net SF for circulation, toilet rooms, 7storage, mechanical, receiving, communications, electrical, adult handicapped 7accessible bathroom, etc. 7 7Notes: 7750 SF of floor area provided, 150 SF of casework and 50 SF of toilet 7room 7

A. Indoor Storage: There shall be varied and ample types of storage that meets the general classroom needs of both children and staff. Each classroom shall have open, accessible storage, such as cubbies for each child for coat storage, personal papers, and change of clothing.

B. Teacher Storage: Each classroom shall have a space allocated for the teacher's coat and personal items.

C. Classroom Storage: Additional storage shall include an area, inaccessible to children, to store cots, bedding, and storage of classroom materials such as manipulatives, puzzles, and art supplies. Hanging mats are a reasonable option for small storage spaces.

History

New Rule, R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(a).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (d)1, substituted "Preschool Teaching and Learning Expectations: Standards of Quality" for "Early Childhood Education Program Expectations: Standards of Quality" and "N.J.A.C. 6A:8-2.1 and 6A:26-1.2" for "the Preschool Programs for Abbott districts under N.J.A.C. 6A:10A"; and rewrote the introductory paragraph of (h).
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.

N.J. Admin. Code § 6A:26-6.5 Private schools for disabled students and schools for disabled students operated by the New Jersey Department of Human Services

(a) This section shall govern review of project documents for capital projects at private schools for disabled students which are approved or seeking approval pursuant to N.J.A.C. 6A:14-7 and schools for disabled students operated by the Department of Human Services. Review and approval by the Division is required for the type of work set forth in N.J.A.C. 6A:26-5.1(a).

(b) Submission and review of plans and specifications shall be conducted as follows:

Educational specifications shall be prepared and submitted pursuant to N.J.A.C. 6A:26-5.2, and schematic plans shall be prepared and submitted pursuant to N.J.A.C. 6A:26-5.3 except that they shall be signed by the executive director and board president of the private schools for disabled students or the New Jersey Department of Human Services.
A New Jersey registered architect or licensed engineer, as required by N.J.A.C. 5:23-2.1 5, shall submit project documents for the temporary and permanent construction, alteration, and rehabilitation of facilities to the Division on behalf of either the private schools for disabled students or the New Jersey Department of Human Services for review and subsequent approval for compliance with this chapter.
For review and subsequent approval for compliance with the Uniform Construction Code (UCC), N.J.A.C. 5:23:

i. Plans and specifications shall be submitted to the local construction official of the municipality in which the facility will be constructed, in the case of private schools for disabled students; and

ii. Plans and specifications shall be submitted to the New Jersey Department of Community Affairs, in the case of private schools for disabled students operated by the Department of Human Services.

The project documents shall be submitted to the Division and reviewed pursuant to N.J.A.C. 6A:26-5.

(d) Disposal of land shall be according to N.J.A.C. 6A:26-7.4.

(e) Reviews of project documents for facilities of private schools for disabled students and schools for disabled students operated by the New Jersey Department of Human Services shall be done by the Division to assure that the design adheres to:

School site sizes, N.J.A.C. 6A:26-7.1; and
Educational facility planning standards, N.J.A.C. 6A:26-6.3 and 6.4.

(f) Provisions for accommodation of students in temporary school facilities operated by private schools for the disabled or the New Jersey Department of Human Services shall be according to N.J.A.C. 6A:26-8.

History

Recodified from N.J.A.C. 6A:26-6.3 and amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.

Subchapter 7 LAND ACQUISITION, SCHOOL CLOSING, AND LAND DISPOSAL

N.J. Admin. Code § 6A:26-7.1 Approval of the acquisition of land

(a) A school district may obtain voter approval pursuant to N.J.A.C. 6A:26-3 or 9 for funding of land acquisition prior to Division approval of the land acquisition. A school district shall not take any action to acquire the land prior to obtaining Division approval.

(b) A school district, or the Development Authority on behalf of a school district, shall submit to the Division the following information to obtain approval under (a) above for land in connection with a school facilities project. The following requirements do not address requirements of other State agencies having approval or permitting jurisdiction over land acquisition.

The following information shall be provided by the school district:

i. A written request for that shall include a statement, signed by the board president and the chief school administrator, indicating the immediate and ultimate proposed uses of the site, in terms of building use, grade organization, and potential maximum enrollment, and whether the land is, or will be, part of a school facilities project indicated in the school district's LRFP;

ii. A map of the school district showing the location of the land, the location of existing schools in the school district, the attendance area to be served by the school, and the number of students who reside within the attendance area;

iii. Data regarding the impact of the acquisition upon racial balance within the school district's public schools;

iv. A full, detailed appraisal of the market value of the property prepared by a licensed professional;

v. A title report on the property produced by any reputable title insurer licensed in the State of New Jersey evidencing that title is good and marketable;

vi. A feasibility study evidencing that school-district-owned land within the attendance area to be served by the school is not available, suitable, or sufficient to be used for school purposes, but only if the school district is required to use the Development Authority and seeking approval for a new acquisition of land and not merely a new use for already school district-owned land; and

vii. For a school district required to use the Development Authority and seeking approval for the acquisition of land, evidence that the school district has not indemnified the seller of the land for the costs arising from the environmental remediation required for the property to be used for school purposes; acquired the land in its "as is" condition; or acquired the land under terms and conditions that would invalidate the statutory immunity of the school district from liability for the remediation costs associated with pre-existing contamination, whether discovered pre-closing or post-acquisition, under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.

The following information shall generally be provided by a licensed architect, professional engineer, or professional planner:

i. A statement from the licensed architect, professional engineer, or professional planner indicating whether the land is subject to regulation under the Coastal Wetlands Act (N.J.S.A. 13:9A-1 et seq.); the Freshwater Wetlands Act (N.J.S.A. 13:9B-1 et seq.); the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.); the Waterfront Development Act (N.J.S.A. 12:5-3); the Green Acres Acts (N.J.S.A. 13:8A-1 et seq., 13:8A-19 et seq., 13:8A-35 et seq., and 13:8C-1 et seq.); or other statutes, regulations or executive orders administered by agencies of State or Federal government.

(1) If so subject, the statement shall address the steps necessary to obtain approval from the agencies, and include adequate documentation to demonstrate to the Division the approvals will be obtained and not affect the educational adequacy of the site, as set forth in (d) and (e) below;

ii. A statement from a New Jersey licensed architect, professional engineer, or professional planner indicating whether the proposed use of the land to be acquired is consistent with the goals and strategies of the New Jersey State Development and Redevelopment Plan (State Plan). If inconsistent with such goals and strategies, the statement shall include adequate documentation to demonstrate to the Division there are no alternative suitable sites available in the school district that are consistent with the State Plan's goals and strategies;

iii. A statement from a New Jersey licensed architect, professional engineer, or professional planner indicating the land to be acquired is suitable for the proposed use;

iv. A completed, signed and sealed plot plan of the land to be acquired showing topographical and contour lines; adjacent properties indicating current land uses; access roads; deed restrictions; easements; protective covenants; right of ways; and environmentally sensitive areas such as waterways and wetlands. The acreage and dimensions of the tract proposed for acquisition shall be included as per the application of the standards for minimum acceptable school site sizes in (d) below;

v. If existing buildings or structures are located on the land to be acquired, the intended use and/or disposition of these buildings. Any building to be acquired and used shall comply with the requirements of the UCC for educational occupancy and N.J.A.C. 6A:26-5th at apply to the construction of a new building;

vi. Adequate documentation to demonstrate to the Division that soil conditions for structural integrity and drainage have been examined by the New Jersey licensed architect or professional engineer; and

vii. Adequate documentation to demonstrate to the Division that soil and groundwater conditions have been examined by a New Jersey licensed architect or professional engineer for suitability for septic systems, if applicable.

The following shall be submitted by the school district:

i. A statement from a local or regional water purveyor or alternatively, a statement from a geologist or professional engineer if the source of water is groundwater, certifying that:

(1) The land can be adequately provided with the necessary water for the proposed maximum enrollment, and if the source of water is groundwater, that there will be sufficient groundwater available for the proposed maximum enrollment; and

(2) Potable water infrastructure is, or is not, in place to service the site;

ii. A statement from a local or county sewerage agency certifying that:

(1) The land can be adequately provided with the necessary and acceptable sewage disposal system for the proposed maximum enrollment, as evidenced, for example, by consistency with the locally approved wastewater management plan; and

(2) Sewer infrastructure is, or is not, in place to service the site. If such infrastructure is not in place, adequate documentation from a professional engineer or licensed geologist to demonstrate that soil and groundwater conditions are suitable for a septic system or discharge to groundwater; and

iii. Recommendations from the New Jersey Department of Environmental Protection (NJDEP) that there are no substantial reasons why the land acquisition should not proceed within 45 days of its receipt of an environmental site report submitted by the school district or the Development Authority on behalf of the school district addressing the items below, or evidence that 45 days have passed since the NJDEP's receipt of the environmental site report, whichever is earlier:

(1) A sewer service consistency determination;

(2) Potable water supply;

(3) Coastal and freshwater wetlands;

(4) Green Acres land;

(5) Stream encroachment;

(6) Historical or archeological resources;

(7) Endangered plant species;

(8) Threatened or endangered animal species; and

(9) An environmental site assessment to determine whether there is potential contamination on the land, submitted on a form provided by the Department.

The following shall be submitted by the school district:

i. Recommendations of the planning board of the municipality in which the land is situated, and that has an approved master plan as required by N.J.S.A. 40:55D-31 and 18A:18A-16, or evidence that the applicable 45 or 55 days have passed, whichever is earlier, from the planning board's receipt of the land acquisition application. The recommendations shall be sent to the Division of Administration and Finance, Office of School Facilities, PO Box 500, Trenton, NJ 08625-0500, and forwarded promptly to the Division at the above address if received by the school district or its architect;

ii. The recommendation of the executive county superintendent based on the requirements specified in this subchapter; and

iii. Prior approvals of other agencies, such as the New Jersey Department of Agriculture, NJDEP, and the Pinelands Commission, where such approval is reasonably obtainable prior to acquisition.

(c) A school district that intends to acquire land not in connection with a school facilities project shall submit all of the information required under (b) above except (b)1ii and iii, and shall further be excepted from the requirements of (d) and (e) below. If the school district later intends to change the use of the land and use as a school site, the school district shall be required to submit all of the information required under this section and the aforementioned exceptions shall no longer apply.

(d) School site sizes shall be directly related to the acreage required for the structures and activities to be situated thereon. Except where specifically noted for multiple or shared use, the acreage shall be considered for single use.

(e) All school sites shall have sufficient acreage for the following:

The placement of the school facility;
Expansion of the building to its maximum potential enrollment;
The placement of all other structures, such as greenhouses; storage buildings; school-bus maintenance buildings or garages; and any other above- or below-ground structure that is to be placed thereon;
Multi-purpose physical education field(s) and, for preschool-through-grade-five school facilities, a playground required to support the achievement of the New Jersey Student Learning Standards as defined by the number of physical education teaching stations applicable to the school facility pursuant to the facilities efficiency standards and the approved programmatic model;
Disabled-accessible pedestrian walkways, roadways and parking areas on which people and vehicles access the building;
Public- and service-access roads onto the site including, where warranted, a one-way school-bus road of 30-foot width and a two-way road of 36-foot width; a school bus drop-off area; and 18-foot-wide posted fire lanes for fire apparatus; and
A 30-foot-wide access around the entire building.

(f) Land owned by a district board of education that does not meet the standards of this section may be supplemented by adjacent municipally-owned land if it is formally leased on a long-term basis to the district board of education for exclusive use during school hours and there are no deed restrictions that prohibit school district use.

(g) The Division's approval shall remain effective for three years, after which time Division approval shall again be required to be obtained prior to acquiring the land.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in (b)1i, inserted "school" preceding "district's"; in (b)1vi, inserted "school" preceding "district-owned" two times; and in (f), inserted "board of" preceding "education".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Administrative change.
See: 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:26-7.2 Approval of the acquisition of land in certain school districts under the Development Authority's auspices

The Development Authority may acquire land on behalf of a school district eligible for 100 percent State support of final eligible costs for school facilities projects that are consistent with the school district's approved LRFP. For such school districts, the Department shall require submission of all information set forth in N.J.A.C. 6A:26-7.1(b) to demonstrate compliance with this subchapter. The Development Authority may submit the required information on behalf of such school districts.

History

Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Section was "Approval of the acquisition of land in certain districts under the auspices of the Authority". Inserted "school" preceding "district", "districts" and "district's" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Approval of the acquisition of land in certain school districts under the auspices of the Authority". Inserted "Development" twice, deleted a comma following "costs", and substituted "the" for "such" and "shall require" for "requires".

N.J. Admin. Code § 6A:26-7.3 Approval for the acquisition of existing facilities

(a) A district board of education planning to acquire an existing facility through purchase, gift, lease, or otherwise shall comply with all procedures and rules pertaining to the appropriation and use of capital funds as required by N.J.S.A. 18A:20-4 and 4.2. The school district shall also have the facility approved in accordance with N.J.A.C. 6A:26-3, which applies to the acquisition of a school site and for the construction of a new facility.

(b) Facilities to be procured for temporary use shall comply with N.J.A.C. 6A:26-8 if subject to educational-adequacy review pursuant to N.J.A.C. 6A:26-5.4(c) because the facilities will house students.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote (b).
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In (a), substituted "an" for "any" and ". The school district" for "and" following "4.2", and inserted a comma following "lease" and following "N.J.A.C. 6A:26-3"; and in (b), deleted "which are" following "Facilities" and ", Temporary School Facilities" following "N.J.A.C. 6A:26-8", and substituted "shall" for "must" and "educational-adequacy" for "educational adequacy".

N.J. Admin. Code § 6A:26-7.4 Approval for the disposal of land, including rights or interest therein, or improvements thereon

(a) The school district shall make to the Division a written request for school district-owned land to be altered or disposed of through sale, transfer, or exchange of all or part of the total acreage, including rights or interest therein and/or improvements thereon, such as facilities, if applicable.

A copy of the request shall be sent by the school district to the executive county superintendent, who shall make recommendations to the Division. The executive county superintendent shall provide to the district board of education a copy of the recommendations.
The request shall indicate whether the school district intends to convey the site, rights or interest therein, and/or improvements thereon under an exception to the public sale requirements per N.J.S.A. 18A:20-6.
The request shall indicate whether the school district intends to convey the site, rights, or interest therein, and/or improvements thereon that had been conveyed to the school district from the Development Authority or funded in whole or in part by State share under EFCFA.
If the land, rights, or interest therein, and/or improvements thereon have been conveyed to the school district from the Development Authority, the request shall provide evidence acceptable to the Department that the property has not reverted to the Development Authority as authorized under N.J.A.C. 19:34-3.6.
If a school district seeks to dispose of land, rights, or interest therein, and/or improvements thereon funded in part with debt service aid pursuant N.J.S.A. 18A:7G-9 or 10, and the land and/or improvements are either not needed or not being used for the purposes for which the bonds were issued, any proceeds from the disposal shall be used by the school district first to reduce the outstanding principal amount at the earliest call date or to annually reduce the debt-service principal payments. A district board of education may request approval from the Commissioner to apply the proceeds over the term of the outstanding debt or by some other distribution mechanism if, for example, it is beneficial to stabilizing the school district's debt-service tax levy.

(b) The Division shall determine whether the disposal is consistent with the school district's approved LRFP or has a negative impact on the educational adequacy of an individual site.

(c) The Division shall notify the school district of its approval or disapproval and send a copy to the executive county superintendent. If the disposal includes a site, rights, or interest therein and/or improvements thereon conveyed to the school district from the Development Authority, is funded in whole or in part by State share under EFCFA, or is in a school district that is required to use the Development Authority, the Division shall also notify the Development Authority.

(d) A school district may convey and transfer, without consideration, its right, title, and interest in and to any trunk or other sewer lines to a municipality, pursuant to N.J.S.A. 18A:20-9.1 without requiring approval from the Division.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in the introductory paragraph of (a), inserted "school" preceding "district-owned"; and in (a)5 and (b), inserted "school" preceding "district's".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote (a) through (c); and in (d), deleted "of said conveyance" following "approval".

N.J. Admin. Code § 6A:26-7.5 Approval for the closing of a school facility

(a) To receive approval for the closing of a school, the district board of education shall provide the Division and the executive county superintendent with the following assurances:

The proposed closing is consistent with the school district's approved LRFP because:

i. The school district has demonstrated that sufficient school-building capacity exists to house students for the five years following the closing; or

ii. The school district has demonstrated through a feasibility study that the benefits of undertaking new construction outweigh those of rehabilitating the school proposed for closure.

The use of temporary facilities in the remaining schools does not result or increase from an overall facilities shortage caused by the school closing; and

The re-assignment of students to other schools in the school district does not produce, sustain, or contribute to unlawful segregation, separation, or isolation of student populations on the basis of race or national origin.

(b) A request for approval from the Division for the school closing shall include the recommendation of the executive county superintendent.

(c) A letter of approval from the Division based on the information in (a) above shall be required before the school's closing.

(d) The Division shall notify in writing the school district of its determination with respect to the requested school closing, with a copy provided to the executive county superintendent.

(e) Starting in August 2017, the Division of Executive Services shall maintain a list of closed, unused, or unoccupied school facilities, consistent with N.J.A.C. 6A:26-2.2, and make it available on the Department's website.

History

Amended by 49 N.J.R. 2521(a), effective 8/7/2017

Subchapter 8 TEMPORARY SCHOOL FACILITIES

N.J. Admin. Code § 6A:26-8.1 Temporary facilities standards

(a) This subchapter sets forth the standards that apply to temporary facilities, whether included as part of a school facilities project, funded as an other capital project, or provided by an approved private school for the disabled. It addresses the applicability of the facilities efficiency standards to temporary facilities, compliance monitoring by the county superintendent of schools, budgeting for deficiencies, and the construction and design standards for a variety of types of temporary facilities, such as leased buildings and pre-manufactured temporary classroom units. Any temporary facility to be used as a school shall comply with the applicable requirements of the UCC, evidenced by a valid certificate of occupancy for the use. If the building currently is not classified as Group E pursuant to the UCC, then it is to comply with the UCC requirements for a change of use at N.J.A.C. 5:23-6.3 1. If the building is a school that predates the UCC, then it shall comply with the applicable requirements of the Uniform Fire Code.

(b) When considering educational adequacy, the Division and the executive county superintendent shall apply the minimum-square-feet standards permitted under the facilities efficiency standards. If a district board of education or approved private school for the disabled seeks relief from the minimum-square-feet requirements of the facilities efficiency standards, relief shall be determined upon application to the Division under the procedures for requesting an exception set forth in N.J.A.C. 6A:26-6.2.

(c) Executive county superintendents shall annually monitor the temporary facilities of school districts and approved private schools for the disabled for compliance with the standards in this subchapter. District boards of education or approved private schools for the disabled shall provide funds in the next immediate annual budget to correct deficiencies about which they are notified by the executive county superintendent on or before October 1 annually. If the correction of the deficiencies is part of a school facilities project and eligible for the State share, State share shall be applied to meet this budgetary requirement. Failure to budget for the correction of deficiencies and to implement the corrections by the next September 1 following the October 1 notice shall result in the executive county superintendent, in consultation with the Division, ordering that the facility be abandoned immediately.

(d) In making a determination about an application for the use of temporary facilities, the following factors shall be taken into account:

Accommodations of students in temporary spaces in an existing public school, in other school-district-owned facilities or in rented or leased buildings not on a school-district-owned site shall comply with the following:

i. Safety factors:

(1) The floors, walls, and ceilings of rooms used for instruction shall be free of moisture, peeling paint, and potentially hazardous materials;

(2) The hardware on doors of any space occupied by students shall permit egress from the room at all times. Key-operated locks, thumb-turn locks, hasps or similar types of locking devices shall not be permitted;

(3) Instructional room doors opening into the corridor shall have vision panels;

(4) Directions for exiting from the building in case of emergency shall be posted in each space by the exit;

(5) Concrete floors in all instructional areas, except shops, shall be covered with a resilient floor covering;

(6) All educational spaces shall be equipped with a telephone connected to the main office and capable of emergency communication to local authorities. Such communication system may be in the form of a telephone system capable of placing 9-1-1 calls; and

(7) Provision shall be made for storage of students' clothing in other than a corridor or exitway.

ii. The average ceiling height shall be at least eight feet for instructional spaces in temporary facilities in an existing public school, in a school-district-owned facility, and in rented or leased buildings not on school-district-owned sites.

iii. Heating and ventilation requirements shall be as set forth in N.J.A.C. 6A:26-6.3 and the UCC;

iv. Toilet facilities shall meet existing UCC requirements for the E Use Group as determined by the construction official. Toilet facilities shall be available within a reasonable distance not more than one floor away, and shall be equipped with an exterior operable window sash or mechanical exhaust ventilation. Toilet facilities shall be provided for students in preschool and kindergarten programs as per N.J.A.C. 6A:26-6.3 and/or 6.4;

v. Potable water shall be available and drinking fountains shall be provided for students in preschool and kindergarten programs in accordance with N.J.A.C. 5:23-7;

vi. At least 50 footcandles of uniformly distributed artificial illumination shall be provided in all instructional areas;

vii. Furniture and equipment that is in good condition and suitable for the age and size of the students and purposes of instruction shall be provided;

viii. Instruction:

(1) Chalkboard, or other appropriate writing surface, and a display board suitable for the instructional program shall be provided; and

(2) Sufficient electrical duplex outlets shall be provided to satisfy the program needs as provided in N.J.A.C. 6A:26-6.3; and

ix. The outside physical education area for students shall include, but not be limited to, sufficient space, equipment, and safe surfaces for the temporary facility enrollment and program needs and be protected from hazards or traffic conditions.

Pre-manufactured temporary classroom units, vans, and other mobile units shall comply with the following:

i. Pre-manufactured temporary classroom units shall be reviewed and approved by the Division for educational adequacy pursuant to N.J.A.C. 6A:26-5.4(c). The Department of Community Affairs or the local construction official shall review and approve the installation and shall issue the certificate of occupancy. Each pre-manufactured temporary classroom unit shall:

(1) Have a seal affixed by the manufacturer that indicates it meets the requirements for construction and certification of industrialized/modular buildings for educational use at N.J.A.C. 5:23-4A;

(2) Contain square footage appropriate to its use as specified in this chapter;

(3) Meet code requirements for educational facilities as specified in the UCC and in N.J.A.C. 6A:26-6.3 and 6.4, to the extent the latter code requirements are applicable to temporary facilities;

(4) A pre-manufactured temporary classroom unit in excess of 20 feet in length shall have two means of clear and unobstructed egress that are remote from each other, consistent with the UCC;

(5) Have sturdy steps that include a handrail and are barrier free, consistent with the UCC;

(6) Have heat that provides a temperature of 68 degrees Fahrenheit;

(7) Have a ceiling height as follows:

(A) Vans and other mobile units--seven feet minimum;

(B) Temporary classroom unit--seven feet six inches minimum.

(8) Have provisions for the storage of students' clothing;

(9) Have a chalkboard and display board appropriate to the instructional program;

(10) Have floor covering of either carpet that meets UCC requirements or asbestos-free resilient flooring;

(11) Have interior ceiling and wall materials that are certified free of toxic materials;

(12) Be provided with an electric smoke detection unit that has an audible alarm for each 900 square feet, or portion thereof, or for each instructional space and that is tied in to the main building fire alarm system; and

(13) Be situated on a site approved by the Division pursuant to N.J.A.C. 6A:26-5.4(c) and approved by the Division pursuant to N.J.A.C. 6A:26-7.1 if land is acquired for the temporary facility.

ii. Nonconformance to requirements in (d)2i(1) through (13) above that is found during an evaluation of any pre-manufactured unit placed in service after June 4, 1986, or in a subsequent inspection of a unit approved according to (d)2i(1) through (13) above, shall be corrected within 30 days of the evaluation. Staff of the Division or county offices of education shall order a unit immediately abandoned if the school district fails to correct deficiencies with respect to such requirements.

iii. A self-propelled van or other pre-manufactured mobile unit used for instruction shall:

(1) Have mechanical ventilation and exhaust that provides air change per occupant per hour in accordance with the UCC;

(2) Have interior ceiling and wall materials that are certified non-toxic and non-combustible;

(3) Contain a minimum of 100 square feet;

(4) Have electric heat that provides a temperature 68 to 72 degrees Fahrenheit;

(5) Provide at least 50 footcandles of uniformly distributed artificial illumination;

(6) Have a minimum ceiling height of seven feet;

(7) Have two means of clear and unobstructed egress that are remote from each other;

(8) Be provided with door hardware that is lever-operated and fully operable at all times from the interior and exterior;

(9) Be provided with an electric smoke-detection unit that has an audible alarm that can be heard clearly within the unit;

(10) Be furnished with an electric hook-up cable that is copper, a maximum of 28 feet in length and contains a 220 volt four-prong receptacle that is plugged into an approved twist-type outlet;

(11) Be furnished with a 2A-10BC fire extinguisher that is maintained in operating order at all times;

(12) Be furnished with electrical fixtures that meet the UCC;

(13) Have electrical wire of a minimum size to meet the UCC;

(14) Have floor covering of either carpet that meets UCC requirements or asbestos-free resilient flooring;

(15) Be furnished with furniture and equipment that is stabilized while in transit;

(16) Pass an annual inspection by the New Jersey Motor Vehicle Commission;

(17) Be evaluated and approved annually by the executive county superintendent; and

(18) Be furnished with wheel chocks to assure the unit will not move in any direction when parked.

iv. Nonconformance to requirements in (d)3iii(1) through (18) above that is found during an evaluation of any van and/or mobile unit place in service after June 4, 1986, or a subsequent inspection of a van and/or mobile unit approved according to the standards set forth in this subsection, shall be corrected within 30 days of the evaluation. Staff of the Division or the county offices of education shall order a van and/or other mobile unit immediately abandoned if the school district fails to correct deficiencies.

v. Pre-manufactured vans or mobile units in service longer than five years shall be evaluated by the executive county superintendent in consultation with the Division. The unit shall be abandoned if the evaluation indicates it cannot meet the provisions of this subsection.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (c), inserted "school" preceding "districts"; in (d)1 and (d)1ii, inserted "school" preceding "district-owned" throughout; and in (d)2ii and (d)2iv, inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).

Subchapter 10 LEASE PURCHASE AND LEASE AGREEMENTS

N.J. Admin. Code § 6A:26-10.1 Use of lease-purchase agreements

(a) A school district may acquire improvements or additions to school facilities through lease-purchase agreements of five years or less provided that the lease-purchase agreement provides for the funding in full to the school district upon commencement of construction of the school facilities project. School districts shall not enter into lease purchase agreements of more than five years' duration.

(b) Subject to (a) above, a school district may utilize a lease-purchase agreement to fund the local share or total costs of a school facilities project receiving State debt service aid or to provide the local funding for an other capital project as long as:

There are no contingencies pursuant to which such funding could be withheld in whole or in part; and
In funding the local share or total costs of a Development Authority-constructed school facilities project, the school district does not encumber what has been lease purchased in favor of another party, such as the lender or trustee unless said interest is subordinated to the Development Authority.

(c) Lease-purchase agreements in excess of five years duration entered into prior to July 18, 2000, may continue in effect through the term of the agreement. However, as of July 18, 2000, no lease-purchase agreement entered into by a school district for improvements or additions to school buildings or for equipment shall exceed five years' duration.

(d) A school district may acquire equipment, as provided in N.J.A.C. 6A:26-3.2(a), through lease-purchase agreements that are not subject to the ground-lease requirements of N.J.A.C. 6A:26-10.5. Lease-purchase agreements for acquisition of equipment do not require Commissioner approval, but shall be filed with the executive county superintendent and shall include:

The lease-purchase agreement, which shall contain the following provision: "Payments shall be subject to the annual appropriation of funds sufficient to meet the required payments or shall contain an annual cancellation clause pursuant to N.J.S.A. 18A:20-4.2(f)";
A resolution of the district board of education approving the application on a Commissioner-prescribed form and authorizing submission to the executive county superintendent; and
Evidence acceptable to the Department that the school district has procured the equipment in accordance with N.J.S.A. 18A:18A-1 et seq.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; and in (a), substituted "School districts" for "Districts".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Use of lease purchase agreements". In (a), the introductory paragraph of (b), (c), and (d), substituted "lease-purchase" for "lease purchase"; in (a), inserted "school" preceding "district", and substituted "years'" for "years"; in the introductory paragraph of (b), deleted "of five years or less"; in (b)2, substituted "a Development Authority-constructed" for "an Authority constructed"; in (c) and the introductory paragraph of (d), substituted "Lease-purchase" for "Lease purchase"; in the introductory paragraph of (d), substituted "that" for "of five years or less and which", "ground-lease" for "ground lease", and "executive county superintendent" for "county superintendent of schools"; and in (d)2, inserted "on a Commissioner-prescribed form" and "executive", and deleted "of an application form prescribed by the Commissioner" following "superintendent".
Petition for Rulemaking.
See: 52 N.J.R. 535(b), 1085(b).

N.J. Admin. Code § 6A:26-10.2 Costs of lease-purchase agreements of five years or less

(a) All payments by a school district and other costs arising from a lease-purchase agreement of five years or less shall not be considered to constitute debt service and shall not be eligible for State debt service aid under EFCFA and/or this chapter.

(b) Payments of lease-purchase agreements of five years or less shall be recorded as an expenditure of the school district's general fund.

History

Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (a) and (b), inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Costs of lease purchase agreements of five years or less". In (a) and (b), substituted "lease-purchase" for "lease purchase"; in (a), substituted "and" for ", as well as", and deleted a comma following "less"; and in (b), substituted "school district's general fund" for "General Fund of the school district".

N.J. Admin. Code § 6A:26-10.3 Approval of lease-purchase agreements for improvements or additions to school facilities

(a) School districts shall submit to the Division for approval pursuant to this section all lease-purchase agreements to fund the local share or a portion of the total costs of a school facilities project for improvements or additions to a school facility that has no excess costs. No lease-purchase agreement that will fund excess costs of a school facilities project for improvements or additions to a school facility or the local funding of an other capital project shall be submitted to the Division for approval. If the Division does not approve a lease-purchase agreement, the school district shall frame a separate question to authorize the lease-purchase agreement and obtain voter or board of school estimate approval to enter into the agreement. No lease-purchase agreement for a capital project shall be executed by a school district unless it has received written approval of the Division, voters, or board of school estimate, as appropriate.

(b) School districts shall file with the Division a copy of all lease-purchase agreements approved by voters or the board of school estimate.

(c) A school district shall not enter into a lease-purchase agreement until the Division has notified the school district of the final eligible costs of a school facilities project or the consistency of an other capital project with the school district's approved LRFP and other applicable standards, as set forth in N.J.A.C. 6A:26-3.1 1.

(d) The Division shall approve a lease purchase-agreement for local share or total costs of a school facilities project receiving State debt service aid payments that does not include excess costs only upon a demonstration by the school district that the payments for a lease-purchase agreement and any operating expenses related to the agreement can be included within the school district's net budget spending growth limitations and will not result in the need for approval by voters or the board of school estimate, as appropriate, of additional spending proposals to maintain existing instructional programs or extracurricular activities.

(e) All requests for approval of lease-purchase agreements for capital projects that are required to be filed with, and approved by, the Division shall include the following:

A copy of the Department's approval letter for the school facilities project and calculation of final eligible costs;
The lease agreement in accordance with N.J.A.C. 6A:26-10.4;
If applicable, an intercept agreement among the school district, the lessor and the State, executed by the school district and the lessor, providing that the State shall have the right to withhold the portion of State support owed to the school district necessary to make timely payments under the lease-purchase agreement and the agent agreement if the school district should fail to make timely payment of amounts owed under the lease-purchase and agent agreements, and apply the withheld State support to pay the school district's obligation, subject to available State appropriation;
The ground lease in accordance with N.J.A.C. 6A:26-10.5, except for the lease-purchase of equipment only;
Evidence of clear title to the proposed building site(s) and any land stated in the ground lease except for the lease-purchase of equipment only;
A resolution of the district board of education approving the application and authorizing submission to the Division of an application on a form prescribed by the Commissioner;
A copy of the newspaper advertisement for the public hearing;
A copy of the newspaper advertisement for request for proposals;
A copy of detailed board minutes for the public hearing resolution and vote on the approval of the lease-purchase concept, approval of the projected maximum funding level, assurance that annual lease payments can be included within the school district's base budget spending growth limitation, and authorization for the chief school administrator or board secretary to advertise for proposals for the selection of underwriter/lessor; and
Any additional information that a school district deems relevant for the Division's review of the lease purchase agreement.

(f) Upon receipt of an application for approval of a lease-purchase agreement for a capital project, the Division shall review the application and inform the school district in writing whether the application is complete. If the application is determined incomplete, the Division shall request additional information from the school district.

(g) After reviewing and assessing a complete application, the Division shall notify the school district in writing whether the lease purchase is approved and, if the lease purchase is not approved, the reason(s) for not approving it.

(h) For lease-purchase agreements that must be submitted to the Division, a district board of education shall conduct a minimum of one public hearing prior to adoption of a resolution endorsing the lease-purchase concept and approving the submission of an application to the Division. All provisions of the Open Public Meetings Act (N.J.S.A. 10:4-6 through 21) shall be followed for the public hearing. In addition, notice of the public hearing shall be published not less than seven days prior to the date fixed for each public hearing in at least one newspaper published in the school district or circulating in the school district if no newspaper is published therein. The notice shall fix a date, place, and time for holding the public hearing and shall include a description of the proposed capital project, the estimated cost and the proposed method of project financing.

The public hearing shall provide taxpayers and other interested persons an opportunity to present to the district board of education questions or other commentary with respect to the proposed capital project, the estimated cost thereof and the proposed financing method.
After the public hearing, a district board of education shall adopt by affirmative vote of at least two-thirds of the full board membership a resolution that includes the following provisions:

i. Approval of the lease purchase concept;

ii. Approval of the projected maximum funding level;

iii. An assurance that annual lease payments and any operating expenses related to the agreement can be included within the school district's net budget spending growth limitations 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 or extracurricular activities; and

iv. Authorization for the chief school administrator and board secretary to advertise and solicit proposals for the selection of a lessor and underwriter in connection with a lease-purchase agreement and to request Departmental approval of a lease-purchase agreement not including excess costs.

(i) A district board of education having entered into a lease-purchase agreement for a capital project shall not terminate, materially change, or alter the approved lease-purchase agreement and accompanying legal documents without first obtaining the Division's written approval.

(j) Upon completion of the transaction, the school district shall file with the Division an opinion from the school district's legal counsel stating the following:

The transaction is in conformance with local, State and Federal law; and
The parties hereto are properly organized; are in good standing; have the requisite power; and have been properly authorized to enter into the transaction.

(k) Upon completion of a lease-purchase agreement, a district board of education shall file with the Division the Official Statement (Prospectus) of the transaction.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (e), rewrote 4 and 5.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in (a) and (b), substituted "School districts" for "Districts"; and in (c), (d), (h)2iii and the introductory paragraph of (j), inserted "school" preceding "district's".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Approval of lease purchase agreements for improvements or additions to school facilities". Rewrote the section.

N.J. Admin. Code § 6A:26-10.4 Contents of lease-purchase agreement

(a) Lease-purchase agreements shall contain the following provisions:

Payments shall be subject to the annual appropriation of funds sufficient to meet the required payments or shall contain an annual cancellation clause pursuant to N.J.S.A. 18A:20-4.2(f);
All construction contracts let by public school districts, developers, or owners of property used for school purposes shall be competitively bid pursuant N.J.S.A. 18A:20-4.2(f); and
The district board of education may refinance the lease-purchase agreement or purchase the leased premises, by defeasance or otherwise, at any time during the lease period.

History

Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (a)2, inserted "school" preceding "districts".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Contents of lease purchase agreement of five years or less". In the introductory paragraph of (a), substituted "Lease-purchase agreements" for "Lease purchase agreements of five years or less"; in (a)2, substituted ", developers," for "or let by developers"; and in (a)3, deleted "at its sole discretion" following "education", substituted "lease-purchase" for "lease purchase" and "lease" for "leased".

N.J. Admin. Code § 6A:26-10.5 Contents of ground lease

(a) A ground lease shall contain the following provisions:

A legal description of the land;
Lease of the land and the term of the lease;
A warranty that the district board of education has good and marketable title to the land;
A warranty that the land is properly zoned for school purposes including the proposed project;
A warranty that the leased land and current land uses comply with all local, State, and Federal environmental laws;
Termination; and
Use of land.

History

Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In (a)3, substituted "district board of education" for "board"; and in (a)5, substituted "land uses comply" for "uses of the land have complied" and "laws" for "law", and inserted a comma following "State".

N.J. Admin. Code § 6A:26-10.6 Approval procedures to refinance a lease-purchase agreement

(a) A district board of education proposing to refinance a lease-purchase agreement entered into at any time, including lease-purchase agreements in excess of five years, shall adopt a resolution requesting the Division's approval of the transaction.

(b) A district board of education requesting approval to refinance a lease-purchase agreement shall submit to the Division on a Commissioner-prescribed form an application for refinancing. A district board of education shall also file with the Division the following documents:

A copy of the district board of education resolution requesting approval of the refinancing and the board's vote;
An opinion of counsel stating that the refinancing is permitted under the original or modified lease-purchase agreement and is in conformance with local, Federal, and State statutes;
The list of persons and/or firms the district board of education contacted concerning the refinancing, the one selected and the specific reasons for the selection;
A copy of the amended rent payment schedule;
A schedule of sources and uses of the lease-purchase agreement refinancing proceeds;
An analysis of the escrow account under the proposed refinancing;
A copy of the documents in final draft form with amendments and modifications to the lease-purchase, ground lease, trustee or agent, and assignment agreements, if necessary, that effect the refinancing;
A copy of the updated insurance or other credit-enhancement commitment, modified to cover refinancing, if applicable;

Proposed credit ratings on the issue and credit-rating agencies; and

A detailed analysis of the percentage of net present value cost savings to the school district of at least three percent using the effective interest cost method as the discount rate based on an analysis of the total refunding issue that includes the following for each payment:

i. Date;

ii. Prior debt service;

iii. New debt service;

iv. Savings (prior debt service minus new debt service);

v. Present value factor;

vi. Present value savings (savings times present value factor);

vii. Cumulative present value savings; and

viii. Totals of items in (b)10ii through vii above.

(c) After the receipt of the refinancing application on a Commissioner-prescribed form and related documents, the Division shall endorse the application if satisfied that the refinancing is in the school district's best interest.

History

Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (b)10 and (c), inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Approval procedures to refinance a lease purchase agreement". In (a), (b)2, (b)5, and (b)7, substituted "lease-purchase" for "lease purchase"; in (a), substituted "Division's approval of the" for "approval of the Division for the"; rewrote the introductory paragraph of (b) and (c); in (b)1, substituted "district board of education" for "board", in (b)2, inserted a comma following "Federal"; in (b)7, deleted ", if necessary," following "modifications", inserted a comma following "agent", and substituted "if necessary, that" for "in order to"; in (b)8, substituted "credit-enhancement" for "credit enhancement"; in (b)9, deleted a comma following "issue", and substituted "credit-rating" for "credit rating"; and in the introductory paragraph of (b)10, substituted "that includes" for "to include".

N.J. Admin. Code § 6A:26-10.7 Approval procedures for a defeasance of lease-purchase agreements

(a) A district board of education proposing to seek voter or board of school estimate approval for the defeasance of a lease-purchase agreement entered into at any time, including lease-purchase agreements in excess of five years, through the issuance of general-obligation bonds shall adopt a resolution requesting the Division's approval of the transaction.

(b) A district board of education requesting approval for the defeasance of a lease-purchase entered into at any time, including lease-purchase agreements in excess of five years, shall submit to the Commissioner an application for defeasance on a Commissioner-prescribed form and the following documents:

A copy of the district board of education resolution requesting the Division's approval of the defeasance of the lease-purchase agreement through the issuance of general obligation bonds and the district board of education's vote;
An opinion of counsel stating that the prepayment of the lease-purchase agreement is in conformance with local, State, and Federal statutes;
A copy of the documents in final draft form with amendments and modification to the lease-purchase, ground lease, trustee or agent, and assignment agreements, if necessary, that effect the defeasance;
A schedule of sources and uses of bond issue proceeds; and
A detailed analysis of the percentage of net present value cost savings to the school district using the effective interest cost method as the discount rate based on an analysis of the total new bond issue to include the following for each payment:

i. Date;

ii. Prior debt service;

iii. New debt service;

iv. Savings (prior debt service minus new debt service);

v. Present value factor;

vi. Present value savings (savings times present value factor);

vii. Cumulative present value savings; and

viii. Totals of items in (b)5ii through vii above.

(c) The application shall support a net present value cost savings and shall be reviewed strictly on the merits of the cost savings without consideration of any debt service aid to which the district board of education may be entitled.

(d) After the receipt of the application for defeasance and related documents, the Division shall endorse the application, if the Division determines the defeasance of the lease-purchase agreement is in the school district's best interest. Approval shall be contingent upon board of school estimate approval or voter adoption of the specific ballot question, as applicable.

History

Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (d), inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Approval procedures for a defeasance of lease purchase agreements". Rewrote (a), (b), and (d).

N.J. Admin. Code § 6A:26-10.8 Lease-purchase agreements entered into prior to July 18, 2000

(a) Approved lease-purchase agreements in excess of five years duration shall be accorded the same accounting treatment as school bonds. The payments by a school district on such lease-purchase agreements shall be considered debt service and may be eligible for State debt service aid under EFCFA.

(b) The provisions of N.J.A.C. 6A:26-10.6 and 10.7 shall apply to lease-purchase agreements entered into prior to July 18, 2000.

(c) A district board of education having entered into a lease-purchase agreement prior to July 18, 2000 for a capital project shall not terminate, change, or alter the approved lease-purchase agreement and accompanying legal documents without first obtaining the Division's written consent.

(d) Upon completion of a lease-purchase agreement entered into prior to July 18, 2000, a district board of education shall file with the Division the Official Statement (Prospectus) of the transaction.

(e) A school district that entered into a lease-purchase agreement prior to July 18, 2000, and applies for a State support under EFCFA for any school facilities project relating to a site or school building subject to the lessor's lien under the lease-purchase agreement shall be required to enter into an intercept agreement with the State and the lessor that provides the State shall have the right to withhold that portion of State support owed to the school district necessary to make timely payments under the lease-purchase and agent agreements if the school district fails to make timely payment of amounts owed under agreements. The State also shall have the right to apply the withheld State support to pay the school district's obligation, subject to available State appropriation. The Division's receipt of an intercept agreement executed by the school district and lessor, and acceptable to the Division, shall constitute a prior condition for the school district to receive State support under EFCFA for any school facilities project relating to a site or school facility subject to the lessor's lien under the lease-purchase agreement.

History

Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (a), (b) and (f), inserted "school" preceding "district" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Lease purchase agreements entered into prior to July 18, 2000". Rewrote the section.

N.J. Admin. Code § 6A:26-10.9 Approval of lease agreements for facilities to be used for school purposes

Without authority first obtained from voters, the board of school estimate or the capital project review board, as appropriate, a school district may rent facilities to use for school purposes on a year-to-year basis or for up to five years in case of emergency. "Emergency" for the purposes of this section shall include an emergent condition or the circumstances that warrant emergency stabilization as defined in N.J.A.C. 6A:26-1.2.

History

New Rule, R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(a).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Approval of lease agreements of facilities to be used for school purposes". Rewrote the section.

N.J. Admin. Code § 6A:26-10.10 Limitation on multiyear leases of facilities

All multiyear leases of facilities, including one- or two-year extensions, 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 shall contain an annual cancellation clause.

History

New Rule, R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(a).
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Substituted "one- or two-year" for "any two-year or one-year", and inserted "shall".

N.J. Admin. Code § 6A:26-10.11 Public hearing for facility leases in excess of five years

(a) A district board of education shall conduct a minimum of one public hearing prior to adoption of a resolution endorsing a facility lease in excess of five years. All provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 through 21, shall be followed for the public hearing. In addition, notice of the public hearing shall be published not less than seven days prior to the date fixed for each public hearing in at least one newspaper published in the school district, or circulating in the school district if no newspaper is published therein. The notice shall fix a date, place, and time for holding the public hearing and shall include a description of the proposed facilities to be leased, the estimated cost, and the proposed method of funding the lease.

(b) The public hearing shall provide taxpayers and other interested persons an opportunity to present to the district board of education questions or other commentary with respect to the proposed lease, the estimated cost, and the proposed funding method.

(c) After the public hearing, a district board of education shall adopt by affirmative vote of at least two-thirds of its full membership a resolution that includes the following provisions:

Approval of the lease concept;
Approval of the projected maximum funding level;
An assurance that annual lease payments and any operating expenses related to the lease agreement can be included within the school district's net budget spending growth limitations and will not result in the need for approval by the voters, board of school estimate, or capital project review board as appropriate, of additional spending proposals to maintain existing instructional programs or extracurricular activities; and

Authorization for the district board of education to request approval of an amendment of the LRFP to reflect the leased facility and request any other approvals needed to enter into the lease.

(d) In the case of an SDA district, the district board of education shall provide the Department with a copy of the proposed lease and a copy of detailed board minutes for the public hearing resolution and vote on the approval of the lease concept.

History

New Rule, R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(a).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (a) and (d), inserted "school" preceding "district" throughout; and in (c)3, inserted "school" preceding "district's".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Public hearing for leases of facilities in excess of five years". Rewrote (a) through the introductory paragraph of (c); in (c)4, substituted "LRFP" for "long-range facilities plan"; and in (d), substituted "SDA" for "Abbott school".

Subchapter 11 COUNTY VOCATIONAL SCHOOL DISTRICT FACILITIES REHABILITATION FUND

N.J. Admin. Code § 6A:26-11.1 County vocational school district facilities rehabilitation fund

Subject to appropriation and availability of funds, a county vocational school district may apply to the Commissioner for a maximum grant of $ 500,000 to be matched dollar for dollar by the school district to fund health and safety school facilities rehabilitation projects. The grant and matching funds shall be maintained by the school district in a special revenue fund as certified by the district 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 Commissioner's approval pursuant to N.J.S.A. 18A:7G-5 but shall meet all other requirements of EFCFA and this chapter pertaining to school facilities projects.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Deleted designation and deleted "school" following "vocational".
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Section was "County vocational district facilities rehabilitation fund". Inserted "school" preceding "district" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.

N.J. Admin. Code § 6A:26-11.2 Application for funds

(a) Any county vocational school district seeking a grant from the County Vocational School District Facilities Rehabilitation Fund shall apply to the Commissioner on a Commissioner-provided form. The application shall, at a minimum, contain the following information:

A description of the school facilities project to be undertaken with the funds;
A schematic drawing of the project or, at the option of the school district, preliminary plans and specifications for the project to be funded;
A delineation and description of each of the functional components of the project to be funded;
The estimated cost to complete the project as determined by the school district on a form prescribed by the Commissioner; and
Any additional information the Commissioner deems relevant for the project's review.

(b) The Division shall review an application for funds. If the project conforms with the requirements of EFCFA and regulations for approval of school facilities projects, the Division shall notify the county vocational school district of the amount of any grant within 90 days of receiving a grant application.

(c) Any county vocational school district that receives grant funding pursuant to N.J.S.A. 18A:7G-32 and N.J.A.C. 6A:26-11.1 shall not be eligible to receive State support pursuant to any other provision of EFCFA for a period of five years from the school district's receipt of the grant, except that the school district may receive debt service aid pursuant to N.J.S.A. 18A:7G-10; and any county vocational school district that receives aid under any provision of EFCFA other than N.J.S.A. 18A:7G-10 shall not receive a grant pursuant to this subsection for five years after approval of a project that is otherwise funded under EFCFA.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
In (a), deleted "school" following "vocational" in the introductory paragraph; in (b), deleted "school" following "vocational" in the first sentence and deleted the second sentence; rewrote (c).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout; in the introductory paragraph of (a), inserted "School"; and in (c), inserted "school" preceding "district's".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In the introductory paragraph of (a), substituted "Commissioner-provided form" for "form provided by the Commissioner"; deleted former (a)4 and (a)5; recodified former (a)6 and (a)7 as (a)4 and (a)5; in (a)5, substituted "project's review" for "Commissioner's review of the project"; in (b), substituted ". If" for "and, if", deleted "these" preceding "regulations", and inserted "the Division shall"; and in (c), substituted "that" for "which" following "school district" twice and following "project"; and deleted a comma following "N.J.S.A. 18A:7G-10".

Subchapter 12 SAFETY REQUIREMENTS FOR SCHOOL FACILITIES

N.J. Admin. Code § 6A:26-12.1 Facilities maintenance requirements

All facilities and structures and parts thereof shall be maintained in a safe, healthy, and energy-efficient condition. All service equipment, means of egress, devices, and safeguards that are required by the UCC in a building or structure, when erected, altered, or repaired, shall be maintained in good working order.

History

New Rule, R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote the section.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (c)1, inserted "school" preceding "district's"; in (c)2, substituted "School districts" for "Districts"; and in (d), inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Deleted designation (a); deleted ", both in existence as of July 18, 2000 and those constructed thereafter pursuant to EFCFA," following "thereof", substituted ", healthy, and energy-efficient" for "and healthy and energy efficient", inserted a comma following "devices", and substituted "that" for "which"; and deleted (b) through (d).

N.J. Admin. Code § 6A:26-12.2 Policies and procedures for school facility operation

(a) District boards of education shall adopt written policies and procedures regarding the following:

Safe and sanitary operation and maintenance of school facilities and grounds according to the provisions of this chapter;
Supervision of pupil safety in school facilities that shall include:

i. Safe storage and use of potentially hazardous materials on school property;

ii. Compliance with community right-to-know requirements;

iii. Prevention of accidents, panic, and fire; and

iv. Provision and maintenance of suitable and safe equipment;

Organization of school safety patrols pursuant to N.J.S.A. 18A:42-1, if the decision is made to organize safety patrols; and
Prohibition of smoking in public school buildings pursuant to P.L. 1989, c.96.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote the section.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In (a)1, substituted "of" for "established in", and deleted "and the regulations to be adopted by the Commissioner pursuant to N.J.S.A. 18A:7G- 9(b)(3)" following "chapter"; and in the introductory paragraph of (a)2, substituted "that" for "in the school district which".

N.J. Admin. Code § 6A:26-12.3 Health facilities, equipment, and supplies

District boards of education shall provide the necessary facilities, equipment, and supplies for the performance of the duties required under State law and rules by health services personnel.

History

Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Health facilities, equipment and supplies". Inserted a comma following "equipment", deleted a comma following "required", substituted "rules" for "rule,", and deleted "the" preceding "health".

N.J. Admin. Code § 6A:26-12.4 Safe drinking water

(a) The rules in this subchapter for the provision of safe drinking water shall apply to all New Jersey public school districts, charter schools, renaissance schools, jointure commissions, educational services commissions, approved private schools for students with disabilities acting under contract to provide educational services on behalf of New Jersey public school districts, State-funded early childcare facilities pursuant to N.J.A.C. 6A:13A, and receiving schools as defined by N.J.A.C. 6A:14-7.1(a) . Throughout this subchapter, "district board of education" refers to the governing authority for all of the entities identified in this subsection, unless otherwise indicated.

(b) District boards of education shall assure the availability of potable drinking water through sanitary means in school facilities or upon school grounds in accordance with the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., the rules promulgated pursuant thereto, N.J.A.C. 7:10 and N.J.A.C. 6A:26-6, Planning and Construction Standards for School Facilities.

(c) Testing of school drinking water quality shall be in accordance with the Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., the rules promulgated pursuant thereto, N.J.A.C. 7:10 and N.J.A.C. 6A:26-6, Planning and Construction Standards for School Facilities.

(d) All district boards of education shall conduct lead sampling and analysis, as described in (d) 1 and 2 below, in all drinking water outlets to which a student or staff member has, or may have, access, in each school facility, other facility, or temporary facility, as those terms are defined in this chapter. Any district board of education granted an extension of time to conduct initial testing beyond the July 13, 2017, deadline shall complete the initial testing no later than July 13, 2018. District boards of education that completed initial testing prior to July 13, 2017, shall perform follow-up testing in accordance with the schedule in (g) below.

Sampling shall be conducted in accordance with a lead sampling plan, which shall include:

i. A plumbing survey for each facility that identifies how water enters and flows through each facility, the types of plumbing materials used in the facility, such as the service line, piping, solder, fixtures, drinking water outlets where students or staff have or may have access, and point of use treatment, such as drinking water filters;

ii. The names and responsibilities of all individuals involved in sampling; and

iii. The following sampling procedures:

(1) Samples shall be taken after water has sat, undisturbed in the school pipes for at least eight hours but no more than 48 hours before the sample is taken. (A) 24-hour school facilities shall collect first-draw samples at drinking water outlets following a stagnation time that would likely result in the longest standing time;

(2) At least eight hours prior to sampling, signs shall be posted to indicate that water shall not be used and access to the buildings subject to the sampling shall be restricted to all but authorized staff members;

(3) Existing aerators, screens, and filters shall not be replaced or removed prior to or during sampling; and

(4) All samples shall be collected in pre-cleaned high-density polyethylene (HDPE) 250 milliliter (mL) wide-mouth single-use rigid sample containers that are properly labeled.

Analysis of samples shall be conducted as follows:

i. Analysis shall be conducted by a certified laboratory to analyze for lead in drinking water;

ii. The laboratory shall use an approved analytical method pursuant to the Federal Safe Drinking Water Act at 40 CFR 141.23(k)(1); and

iii. Sample analysis shall be conducted in accordance with a Quality Assurance Project Plan (QAPP), which shall be signed by the district board of education, the certified laboratory, and the individual responsible for conducting sampling. The QAPP shall include the identification of analytical methods, chain of custody procedures, data validation and reporting processes, detection limits, reporting to three significant figures, field blanks, and quality control measures required by the certified method.

The Department, in consultation with the Department of Environmental Protection (DEP), will develop a technical guidance manual to assist district boards of education in complying with the sampling and analysis requirements of this subchapter.

(e) The district board of education, or its designee, shall complete a review of final laboratory results within 72 hours of receipt. Within 24 hours after the district board of education, or its designee, has reviewed the final laboratory results, the district board of education shall:

Make the test results of all water samples publicly available at the school facility in accordance with (f) below and make the results from the most recent required Statewide testing available on the district board of education's website; and
If any results exceed the permissible lead action level, provide written notification to the parents/guardians of all students attending the facility, facility staff, and the Department. This written notification shall also be posted on the district board of education's website and shall include a description of the following:

i. Measures taken by the district board of education, or its designee, to immediately end use of each drinking water outlet where water quality exceeds the permissible lead action level;

ii. Any additional remedial actions taken or planned by the district board of education;

iii. The measures taken to ensure that alternate drinking water has been made available to all students and staff members at the school(s) where the water outlet(s) is located; and

iv. Information regarding the health effects of lead.

(f) The district board of education's test results of all water samples shall remain publicly available in accordance with the timeline established by the Department of the Treasury in the Records Retention Schedule under record series number 0021-0000, which is available at http://www.nj.gov/treasury/revenue/rms/pdf/m700104_001.pdf.

(g) Notwithstanding the results or date of any prior testing, all district boards of education shall continue to test drinking water outlets as provided below in the designated Statewide required testing year, which shall be every third school year beginning with the 2021-2022 school year and subsequently occurring in the 2024-2025 school year:

By no later than June 30 of the designated Statewide required testing year, all district boards of education shall test all drinking water outlets. Sampling shall be prioritized, such that buildings and facilities that previously had outlets with results above the action level or identified in the plumbing profile as high risk for lead shall be sampled first in accordance with the sampling plan; and
All district boards of education shall sample for lead after the replacement of any drinking water outlet or any other alteration to plumbing or service lines that may impact lead levels at the outlet.

(h) If district boards of education test drinking water outlets for lead more frequently than the three-year cycle set forth at (g)1 above, the notification requirements set forth in (e) and (f) above shall apply.

District boards of education that test drinking water outlets more frequently in accordance with (h) above shall make the most recent results for each facility available on the district board of education's website.

(i) All district boards of education shall submit to the Department by June 30 each year a statement of assurance that lead testing was completed in accordance with this section, that notifications were provided consistent with this section, and that alternate drinking water continues to be made available to all students and staff in accordance with this section.

(j) District boards of education may request an exemption from the testing requirements set forth in (d) above if they can demonstrate that they do not use any drinking water outlets for consumption or food preparation in any of their facilities. District boards of education seeking an exemption pursuant to this provision shall submit an application to the Department documenting that no drinking water outlets are used in their facilities and the provisions for an alternative source of drinking water. A district board of education that receives an exemption from the Department from testing pursuant to this subsection shall make available for public inspection at the school facility and on the district board of education's website, if applicable, confirmation that the district board of education is exempt from testing. No later than June 30 of each Statewide required testing school year as set forth in (g) above, a district board of education shall either begin testing procedures in accordance with (g) above or reapply for an exemption under this subsection.

(k) All district boards of education shall be eligible to be reimbursed for the water supply testing and analysis conducted pursuant to (g) above after July 1, 2021, as approved by the Department and subject to available funds. To be eligible to receive reimbursement, the district board of education shall complete and submit to the Department a reimbursement application on a form, or in a format, supplied by the Department. The Department will make the reimbursement application available on its website. Nonpublic schools that conducted testing in accordance with (g) above after July 1, 2021, may submit a reimbursement application to the Department, approval of which is subject to available funds. A school district that conducts additional testing in a year other than the Statewide required testing school year as set forth in (g) above shall not be eligible for reimbursement.

(l) A district board of education's failure to comply with any requirement in this section may result in any of the following:

The district board of education's disqualification for reimbursement pursuant to (k) above;
The Department's initiation of an investigation by the Office of Fiscal Accountability and Compliance; and
The Commissioner's withholding of State aid pursuant to N.J.A.C. 6A:2-1.2.

History

Amended by 48 N.J.R. 1705(a), effective 7/13/2016

N.J. Admin. Code § 6A:26-12.5 Eye protection in schools

(a) Each district board of education shall require each student, staff member, and school visitor, including individuals present for evening adult-school programs, to wear appropriate eye protective devices while participating in educational activities and programs as defined in N.J.A.C. 6A:7-1.3 that use caustic or explosive chemicals or materials, hot liquids, or solids, or molten materials, or that engages in welding operations of any type, repairing, or servicing of vehicles, heat treatment or tempering of metals, the shaping of solid materials, laser-device operation and experimentation, or any similar process or activity is engaged in, exposure to which might have a tendency to cause damage to the eyes.

(b) The term "appropriate eye protective device" shall include plain or prescription lenses provided the lenses and other portions of the device meet or exceed the prescribed specifications for the device. Specifications for appropriate eye protection for various activities shall meet or exceed standards described in (b)1 and 2 below. The standards, with all subsequent amendments and supplements, are hereby adopted as rules and incorporated herein by reference.

American National Standard Practice for Occupational and Educational Eye and Face Protection, ANSI Z87.1-1989.
American National Standard Practice for the Safe Use of Lasers, ANSI Z136.1-1986 and eye protective procedures recommended by the manufacturer of the laser device.

(c) The documents in (b)1 and 2 above are available for review at the Office of School Facilities, 200 River View Plaza, Trenton, New Jersey. The documents can be purchased from the American National Standards Institute, Inc., 11 West 42nd Street, New York, New York 10036.

(d) Emergency eye wash fountains, or similar devices capable of a minimum 15 minutes continuous flow of eye-wash solution, shall be provided in classrooms, shops, laboratories, or other area where pupils or instructors are exposed to caustic materials that can cause damage to the eyes.

(e) The following types of eye protective devices shall be used to fit the designated activities or processes:

Caustic or explosive - Goggles, flexible fitting, hooded ventilation; add plastic-window face shield for severe exposure;
Dust-producing operations - Goggles, flexible fitting, hooded ventilation;
Electric arc welding - Welding helmet in combination with spectacles with eye cup or semi- or flat-fold side shields;
Oxyacetylene welding - Welding goggles, eye-cup type with tinted lenses; welding goggle, coverspec-type with tinted lenses or tinted plate lenses;
Hot liquids and gases - Goggles, flexible fitting, hooded ventilation; add plastic-window face shield for severe exposure;
Hot solids--Clear or tinted goggles or spectacles with side shields;
Molten materials - Clear or tinted goggles and plastic- or mesh-window face shield;
Heat treatment or tempering--Clear or tinted goggles or clear or tinted spectacles with side shields;
Glare operations--Tinted goggles; tinted spectacles with side shields or welding goggles, eye cup or coverspec type with tinted lenses or tinted plate lenses;
Shaping solid materials - Clear goggles, flexible or rigid body; clear spectacles with side shields; add plastic-window face shield for severe exposure;
Laser device operation or experimentation--Appropriate for specific hazard;
Vehicle repair or servicing - Clear goggles, flexible or rigid body; clear spectacles with side shields;
Other potentially eye-hazardous processes or activities - Appropriate for specific hazard.

(f) Each district board of education shall establish and implement a specific eye protective policy and program to assure:

No staff member, student or visitor shall be subjected to any hazardous environmental condition without appropriate eye protection;
The detection of eye hazardous conditions shall be continuous;
Eye protection devices shall be inspected regularly and adequately maintained;
Shared eye protective devices shall be disinfected between uses by a method prescribed by the local school medical inspector;
All eye protective devices shall meet or exceed the appropriate specifications for the various types of devices and suppliers of eye protective devices shall certify, in writing, that the devices meet or exceed said specifications;
Specific policy and procedures shall be established to deal with individuals who refuse to abide by established eye-safety practices and procedures;
The use of contact lenses shall be restricted in learning environments that entail exposure to chemical fumes, vapors, or splashes, intense heat, molten metals, or highly particulate atmospheres. When permitted, contact lenses shall be worn only in conjunction with appropriate eye protective devices, and the lens wearer shall be identified for appropriate emergency care in eye hazardous learning environments;
All spectacle-type eye protective devices shall have side shields of the eye-cup, semi- or flat-fold type; and
Pupils, staff members, or visitors wearing personal corrective eyewear shall be required to wear cover goggles or similar devices unless a competent authority can certify the personal eyewear meets or exceeds standards identified in (b) above.

(g) Each school district shall provide annual training and appropriate supplies and equipment to all school personnel responsible for implementing the eye-safety policies and program. The training shall cover all aspects of eye protection in schools as described in (a) through (f) above.

History

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote (c); in (e), deleted heading "Potential Eye Hazard-Eye protective Device(s)"; and in (a) and (f)1, substituted "student" for "pupil".
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (a), updated the N.J.A.C. reference; and in (g), inserted "school" preceding "district".
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote (a), (c), (d), (f)7, and (f)9; in (e)1, (e)5, and (e)10, substituted "plastic-window" for "plastic window"; in (e)2, substituted "Dust-producing" for "Dust producing"; in (e)3, substituted "semi-" for "semi"; in (e)4, substituted "eye-cup" for "eye cup" and "coverspec-" for "coverspec"; in (e)7, substituted "plastic- or mesh-window" for "plastic or mesh window"; (e)12, substituted "Vehicle repair or servicing" for "Repair or servicing of vehicles"; in the introductory paragraph of (f), deleted "that" following "assure"; in (f)2, substituted "eye-hazardous" for "eye hazardous"; in (f)6, substituted "eye-safety" for "eye safety"; in (f)8, substituted "spectacle-type" for "spectacle type" and "eye-cup, semi-" for "eye cup, semi"; and in (g), substituted "eye-safety" for "eye safety".

Subchapter 14 WITHHOLDING OF STATE SUPPORT FOR NON-COMPLIANCE

N.J. Admin. Code § 6A:26-14.1 Withholding of State support for non-compliance

(a) Pursuant to N.J.S.A. 18A:55-2, the Commissioner shall direct the State Treasurer to withhold funds payable by the State from any school district that fails to obey the law, or the rules or directions of the State Board or the Commissioner. "Funds payable by the State" include State support under EFCFA. A failure to obey the rules shall include non-compliance with this chapter. The non-compliance may:

Constitute a default under a grant agreement between the Development Authority and the school district for school districts receiving State support under N.J.S.A. 18A:7G-5 (preconstruction activities), 13(a), or 15. It also may subject the school district to Development Authority remedies for the default, including the reimbursement or withholding of State support under EFCFA. If the Development Authority refers the matter to the Department in lieu of withholding State support under EFCFA, the Department may upon review of the matter direct the State Treasurer to withhold funds payable by the State from the school district;

Result in reducing to zero the "M" factor in the debt-service-aid formula in N.J.A.C. 6A:26-3.8 pursuant to N.J.S.A. 18A:7G-9.b(1) and (2) and/or subject the school district to a withholding of State support under EFCFA if the school district receives debt service aid under N.J.S.A. 18A:7G-9 or 10; or
Subject a school district for which the Development Authority constructs the school facilities project to a withholding of funds payable by the State, including State support under EFCFA.

(b) Pursuant to N.J.S.A. 18A:4-23, the Commissioner shall enforce these rules by any means permitted by law, including, but not limited to, issuing to the school district under N.J.A.C. 6A:3-3.1 an order to show cause why the reimbursement or withholding of State support should not be imposed.

History

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
Rewrote (a).
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
Inserted "school" preceding "district" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote (a) and (b); and deleted (c).

Subchapter 16 CERTIFIED EDUCATIONAL FACILITIES MANAGER

N.J. Admin. Code § 6A:26-16.1 Certified educational facilities manager

(a) Effective September 1, 2002, no person shall be employed by a district board of education to supervise buildings and grounds unless he or she meets the criteria established in N.J.S.A. 18A:17-49 et seq.

(b) An applicant for certification as an educational facilities manager shall submit to the Division documentation demonstrating compliance with one of the criteria in N.J.S.A. 18A:17-49 et seq. After verifying compliance with one of the criteria, the Division shall issue to the applicant an authorization to serve as an educational facilities manager and shall add the applicant to the Division's master list of certified educational facilities managers.

(c) When a vacancy occurs in a position in which the duties of a supervisor of buildings and grounds are performed, a district board of education may select a person who is not a certified educational facilities manager to perform the duties of a supervisor of buildings and grounds for a period not to exceed two years commencing on the vacancy date. At the expiration of the two-year period, the district board of education shall employ to supervise its buildings and grounds a person certified by the Division as an educational facilities manager.

History

Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section.

Subchapter 17 APPEALS

N.J. Admin. Code § 6A:26-17.1 Appeals of Commissioner decisions

(a) All appeals of final determinations made by the Commissioner pursuant to EFCFA and this chapter shall be to the Appellate Division of the Superior Court.

(b) Appeals arising from decisions of the Department's Division of Administration and Finance may be requested in writing, and an opportunity given for an informal hearing before the Assistant Commissioner or other designated official. A written request for an informal hearing shall be made within 30 days of the school district's receipt of the Division's decision.

(c) In the event of an adverse decision after an informal hearing under (b) above, or if a school district determines not to seek an informal hearing, a school district may request, within 90 days of the decision of the Assistant Commissioner or the Division's determination if an informal hearing is not sought, a formal hearing pursuant to N.J.S.A. 18A:6-9 and 18A:6-24 and N.J.A.C. 6A:3, Controversies and Disputes.

History

Administrative change, 47 N.J.R. 1316(a).

Subchapter 18 SECTION 15 GRANTS FOR REGULAR OPERATING DISTRICTS, INCLUDING COUNTY VOCATIONAL SCHOOL DISTRICTS

N.J. Admin. Code § 6A:26-18.1 Eligibility for section 15 grants for RODs, not including county vocational school districts

(a) Any ROD applying for a section 15 grant shall conform at a minimum with the requirements of this subchapter, as applicable.

(b) Any eligibility determination for a section 15 grant shall be subject to the availability of funds.

(c) If the school facilities project or a portion of it is eligible for State support, the ROD may request State debt service aid pursuant to N.J.S.A. 18A:7G-9 in lieu of a section 15 grant.

(d) All of the following conditions shall apply regarding eligibility for a section 15 grant:

A ROD shall have an approved LRFP, pursuant to N.J.A.C. 6A:26-2.1(b).
The school facilities project has been approved pursuant to N.J.A.C. 6A:26-3.3 and has no excess costs.
The proposed school facilities project shall fall within one or more of the priority project categories described below.

i. Level 1 are school facilities projects that address the most critical operational building needs, including health and safety issues, and program mandates. The projects shall consist of one or more of the following:

(1) Upgrades to essential building systems;

(2) Repair or replacement of a building skin element;

(3) Fire or life safety building code issues;

(4) Upgrades consistent with the Americans with Disabilities Act;

(5) Hazardous materials abatement;

(6) Security and communication systems;

(7) Site drainage to correct existing conditions;

(8) Upgrades to existing elementary school playgrounds as per N.J.A.C. 6A:26-3.2(a)5;

(9) Renovated or up to a maximum of six new early childhood classrooms; or

(10) Special population needs.

ii. Level 2 are school facilities projects that address the rehabilitation of existing buildings, the easing of overcrowding, and/or improving the quality of existing instructional spaces. The projects shall consist of one or more of the following:

(1) Repair or replacement of existing building systems and components not included in Level 1;

(2) Existing site upgrades excluding upgrades to athletic fields or tracks; or

(3) Renovation or new construction of capacity-generating classrooms to address overcrowding or a substandard condition.

iii. Level 3 are school facilities projects that are either new construction or rehabilitation that also qualifies as reconstruction. For purposes of this subsection, "reconstruction" means reconstruction as defined in the UCC, N.J.A.C. 5:23-6.3. Reconstruction and/or new construction projects shall be evaluated based upon the following attributes:

(1) Districtwide unhoused students and overcrowding;

(2) Early childhood program accommodations;

(3) Compliance with facilities efficiency standards;

(4) Use of temporary or leased facilities;

(5) Building age;

(6) Project scope; and

(7) Prior section 15 funding.

(e) If the school facilities project fits into more than one of the priority project categories, the entire school facilities project shall be deemed to fall within the lowest category for which it qualifies.

(f) If a ROD submits more than one application for a section 15 grant for a school facilities project that includes new construction, all applications for section 15 grants shall not have any excess costs to qualify for a section 15 grant.

(g) A ROD shall be eligible to receive a section 15 grant for a school facilities project involving the replacement of a building system that was all or part of a school facilities project that previously received State support, provided the building system to be replaced has approached or exceeded its life expectancy. The school district shall provide documentation concerning the building system's life expectancy, including, but not limited to, the original installation date or the building system manufacturer's warranty.

(h) A ROD may request on a Department-supplied form a preliminary ROD grant eligibility determination for the scope of work of a school facilities project.

(i) RODs may take one of the following actions, as applicable, for a school facilities project that has been submitted to the Department for approval or has received approval from the Department prior to the deadline established pursuant to N.J.A.C. 6A:26-18.3(a):

A ROD that has submitted to the Office of School Facilities an application for approval of a school facilities project but has not yet received project approval may submit an application for a section 15 grant pursuant to this subchapter in accordance with the grant deadlines set forth in this subchapter.
If a ROD plans to submit an application for a section 15 grant pursuant to this subchapter for a project that previously was reviewed pursuant to N.J.A.C. 6A:26-3.1 2 as an "other capital" project, the ROD shall withdraw from the Office of School Facilities the prior application and resubmit a new one.
If a ROD plans to submit a school facilities project for a section 15 grant pursuant to this subchapter for a school facilities project that previously was approved for State debt service aid and has accepted the preliminary eligible costs as the final eligible costs prior to the deadline established pursuant to N.J.A.C. 6A:26-18.3(a), the ROD shall withdraw from the Office of School Facilities the prior application and resubmit a new one.
If a ROD plans to submit a school facilities project for a section 15 grant pursuant to this subchapter for a school facilities project that previously was approved for State debt service aid but has not accepted the preliminary eligible costs as the final eligible costs prior to the deadline established pursuant to N.J.A.C. 6A:26-18.3(a), the ROD may request that the school facilities project be considered for a section 15 grant instead of State debt service aid.
If a school facilities project is cancelled pursuant to this subsection and an application for a section 15 grant for the project is then submitted, the school facilities project must meet the eligibility requirements and deadlines set forth in this subchapter.
Any submission by a ROD for a section 15 grant pursuant to this section shall include a resolution from the school board of the district requesting the cancellation of the prior application and submission of a new application for a section 15 grant for the specified school facilities project.

(j) A school facilities project or other capital project shall not be eligible for a section 15 grant pursuant to this subchapter where:

A construction contract has been awarded in connection with the school facilities project or other capital project; or
The local share for the school facilities project or other capital project has already been approved pursuant to N.J.A.C. 6A:26-3.7.

History

Recodified from N.J.A.C. 6A:26-18.3 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Eligibility for section 15 grants for RODS, not including county vocational school districts". Rewrote the section. Former N.J.A.C. 6A:26-18.1, Purpose, repealed.

N.J. Admin. Code § 6A:26-18.2 Funding options for school facilities project in RODs, other than county vocational school districts, that are not awarded a section 15 grant

(a) If the school facilities project met the criteria for inclusion in one of the three priority project categories but was not awarded funding in a grant cycle, the ROD may resubmit in a subsequent grant cycle an application for a section 15 grant for the school facilities project.

(b) If the school facilities project did not fall into one of the three priority project categories or contained work that prevented its placement in a higher priority project category, and was not awarded funding, the ROD may revise and resubmit in a subsequent grant cycle an application for a section 15 grant for the school facilities project.

(c) If a ROD does not obtain a section 15 grant for the school facilities project and also does not want State debt service aid, the ROD may instruct the Office of School Facilities to consider its application for the school facilities project as an other capital project and fully fund the project without State support.

History

Recodified from N.J.A.C. 6A:26-18.4 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Funding options for school facilities project in RODs, other than county vocational school districts, which are not awarded a section 15 grant". In (a) and (b), inserted "in a subsequent grant cycle" following "resubmit", and deleted "in a subsequent grant cycle" following "project"; and in (c), deleted "to be one for" following "project", and substituted "other capital" for " 'other capital' ". Former N.J.A.C. 6A:26-18.2, Definitions, repealed.

N.J. Admin. Code § 6A:26-18.3 Deadlines for submission of section 15 grant applications for RODs, not including county vocational school districts

(a) The Commissioner annually shall determine the amount of funds allocated to section 15 grants for the year, and shall notify the RODs regarding the amount of funds allocated, and the date on which the Commissioner shall begin to receive applications for the funding.

(b) Applications for section 15 grants shall be submitted by school districts within 90 days of the date upon which the Commissioner indicates applications may be filed.

(c) Within any grant cycle, section 15 grants shall be awarded first to school facilities projects that fall within Level 1. If the total amount of section 15 grants approved in any grant cycle for Level 1 school facilities projects is less than the amount of the annual allocation, section 15 grants shall be awarded to school facilities projects that fall within Level 2. If the total amount of section 15 grants approved in any grant cycle for Level 2 school facilities projects is less than the amount of the annual allocation, section 15 grants shall be awarded to school facilities projects that fall within Level 3. If the total amount of section 15 grants approved in any grant cycle is less than the amount allocated by the Commissioner for grant cycle, the amount remaining shall be added to the allocation for the next grant cycle.

(d) A ROD shall obtain the local share pursuant to N.J.A.C. 6A:26-3.7 within 18 months of notification by the Department of the final eligible costs. If the local share is not obtained within such time period, the award of a section 15 grant shall be rescinded. The ROD may resubmit a grant application for reconsideration in a future grant cycle.

(e) Changes to a school facilities project after notification of the final eligible costs shall be submitted to the Department for its approval. The school facilities project shall meet the eligibility requirements to continue to be eligible for the section 15 grant.

History

Amended by R.2010 d.111, effective 6/21/2010.
See: 41 N.J.R. 4371(a), 42 N.J.R. 1166(b).
Section was "Deadlines for submission of Section 15 grant applications for RODs, not including county vocational school districts". In (d), substituted "18 months" for "180 days".
Recodified from N.J.A.C. 6A:26-18.5 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section. Former N.J.A.C. 6A:26-18.3, Eligibility for section 15 grants for RODs, not including county vocational school districts, recodified to N.J.A.C. 6A:26-18.1.

N.J. Admin. Code § 6A:26-18.4 Section 15 grants for county vocational school district school facilities projects

(a) A county vocational school district school facilities project shall be eligible for a section 15 grant provided the school district has an approved LRFP pursuant to N.J.A.C. 6A:26-2.1(b), there are no excess costs, and the project falls within either the Level 1 or Level 2 priority project categories described as follows:

Level 1 county vocational school district school facilities projects.

i. Level 1 county vocational school district school facilities projects address the most critical operational building needs, including health and safety issues. The projects must consist of one or more of the following:

(1) Capital maintenance projects (maintenance intended to extend the useful life of a school facility, including upgrades and replacement of building systems such as structure, enclosure, mechanical, plumbing, and electrical systems, and can be considered to constitute or be part of a school facilities project);

(2) Projects that address handicapped accessibility, including site and building access, toilet room renovations, or program expansion or educational adequacy for special population needs;

(3) Building code issues; or

(4) Technology infrastructure for classroom instruction in accordance with the Department's Technology Plan, not including equipment.

Level 2 county vocational school district school facilities projects.

i. Level 2 county vocational school district school facilities projects must consist of one or more of the following:

(1) Upgrades to existing vocational instructional space to meet certification requirements;

(2) Renovations to existing vocational instructional space to support new programs approved by the Office of Career and Technical Education; or

(3) Additions for existing vocational instructional space to meet industry certification standards.

ii. Level 2 projects shall be evaluated based upon attributes that include, but are not limited to, the following:

(1) Industry certification requirements or standards;

(2) Gap analysis between existing facilities and industry requirements or standards;

(3) Enrollment or anticipated enrollment;

(4) Priority of the related career cluster in the State and local approved Carl D. Perkins Career and Technical Education five-year plan; and

(5) Labor market demand.

(b) Section 15 grants shall be allocated to school facilities projects in the county vocational school districts that fall first within Level 1 and then Level 2 in the following order of priority until the entire allocation has been awarded:

County vocational school districts that received no State funding support for its school facilities projects from the $ 100,000,000 of bond proceeds originally allocated for the State share of county vocational school district school facilities projects. If the total amount requested by county vocational school districts in this category exceeds the amount available, the State share of the preliminary eligible costs approved shall be adjusted on a pro rata basis calculated by multiplying the eligible State share by the ratio of the available funds divided by the total eligible State share. The Department may notify the county vocational school districts of the State share of the final eligible costs in this category prior to the determinations of the State share of the final eligible costs in the following categories.
County vocational school districts that received less than $ 1,000,000 in State funding support for its school facilities projects from the $ 100,000,000 of bond proceeds originally allocated for the State share of county vocational school district school facilities projects. The Department may notify the county vocational school districts of the State share of the final eligible costs in this category prior to the determinations of the State share of the final eligible costs in the following categories.
County vocational school districts that received greater than $ 1,000,000 but less than $ 5,000,000 in State funding support for its school facilities projects from the $ 100,000,000 of bond proceeds originally allocated for the State share of county vocational school district school facilities projects. The Department may notify the county vocational school districts of the State share of the final eligible costs in this category prior to the determinations of the State share of the final eligible costs in the following categories.
County vocational school districts that received greater than $ 5,000,000 in State funding support for its school facilities projects from the $ 100,000,000 of bond proceeds originally allocated for the State share of county vocational school district school facilities projects.
If the entire $ 50 million available for school facilities projects in county vocational school districts has not been allocated pursuant to (c)1 through 4 above, additional allocations shall be made based on the same order of funding indicated in (c)1 through 4 above, and on the total of new funding received from the allocation and funding received from the original allocation.

(c) If a school facilities project has been previously approved by the Department and the county vocational school district would like it to be considered for section 15 grant funding, one of the following options may be selected based on the type of project approval:

If the project was approved as an other capital project, the county vocational school district may cancel the project application and resubmit to the Department a new project application in accordance with the grant deadlines established pursuant to N.J.A.C. 6A:26-18.3(a) and (b).
If the project was approved for State debt service aid, two options shall be available:

i. If the county vocational school district has accepted the preliminary eligible costs as the final eligible costs, it may cancel the project and submit to the Department a new project application.

ii. If the county vocational school district has not accepted the preliminary eligible costs as the final eligible costs, it may request the school facilities project to be considered for a section 15 grant.

All cancellation requests and resubmissions shall include a resolution from the county board of chosen freeholders requesting the cancellation and resubmission of the specified project and shall meet the grant application deadlines established pursuant to N.J.A.C. 6A:26-18.3(a) and (b).

(d) If a county vocational school district elects to cancel a project and apply for a section 15 grant, the school facilities project shall meet the eligibility requirements listed in (a) above.

(e) If a school facilities project in a county vocational school district does not receive section 15 grant funding, the county vocational school district shall have one of the options listed below, depending upon the type of school facilities project.

If the proposed school facilities project is not included in Level 1 or Level 2 project priority categories per (a) above, the county vocational school district may revise and resubmit the school facilities project.
If the school facilities project has eligible costs for State support, the county vocational school district may request State debt service aid instead of a section 15 grant pursuant to N.J.S.A. 18A:7G-9.
If the county vocational school district does not want State debt service aid, it may revise and resubmit an application for an other capital project pursuant to N.J.A.C. 6A:26-3.1(b) and for full funding without State support.

History

Recodified from N.J.A.C. 6A:26-18.6 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section. Former N.J.A.C. 6A:26-18.4, Funding options for school facilities project in RODs, other than county vocational school districts, which are not awarded a section 15 grant, recodified to N.J.A.C. 6A:26-18.2.

N.J. Admin. Code § 6A:26-18.5 Reserved

History

Recodified to N.J.A.C. 6A:26-18.3 by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Deadlines for submission of section 15 grant applications for RODs, not including county vocational school districts".

N.J. Admin. Code § 6A:26-18.6 Reserved

History

Recodified to N.J.A.C. 6A:26-18.4 by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Section 15 grants for county vocational school district school facilities projects".

Subchapter 19 MANAGEMENT OF A SCHOOL FACILITIES PROJECT BY A SCHOOLS DEVELOPMENT AUTHORITY SDA DISTRICT

N.J. Admin. Code § 6A:26-19.1 Purpose

The rules in this subchapter are adopted to implement subsection 13.e(1) of the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72, as amended by section 24 of P.L. 2007, c. 137, to set forth the requirements that a Schools Development Authority district must satisfy to be considered eligible by the Development Authority to manage a school facilities project or projects. N.J.S.A. 18A:7G-13, as amended, requires the Commissioner, in making this determination to consider the school district's fiscal integrity and operations, the school district's performance in each of the five key components of school district effectiveness under Quality Single Accountability Continuum (QSAC), N.J.S.A. 18A:7A-10 et seq.; N.J.A.C. 6A:30; and other relevant factors.

History

Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Substituted "The rules in this subchapter" for "These rules" and "(QSAC)" for "(NJQSAC)", and deleted "the New Jersey" preceding "Quality".

N.J. Admin. Code § 6A:26-19.2 Determination of eligibility by the Commissioner

(a) An SDA district, upon authorization by its district board of education, may request in writing that the Commissioner determine whether it has satisfied the requirements necessary to be considered eligible by the Development Authority to manage its own school facility project(s) pursuant to N.J.S.A. 18A:7G-13.e. The school district's written request shall include:

A resolution or certified minutes of the district board of education authorizing the request;

A description of the SDA district personnel who will be managing the school facilities project(s), including the individual(s)' title, certification held, and minimum experience in managing projects of similar scope and complexity to the projects for which the school district might be eligible; and
A statement that the school district has not received an adverse opinion or a disclaimer of opinion by its independent audit in its annual audit required pursuant to N.J.S.A. 18A:23-1 for the school year prior to the request for a determination of eligibility.

(b) The Commissioner shall determine whether an SDA district that submitted a request pursuant to (a) above is eligible to be considered by the Development Authority to manage a school facilities project(s). The determination shall be based upon review of the school district's submission of the items in (a) above and its performance in each of the five key components of school district effectiveness under QSAC in accordance with N.J.S.A. 18A:7A-10 at the time of the application, and other relevant factors as set forth in this subchapter.

To be eligible for consideration by the Development Authority to manage a school facilities project(s), the SDA district shall attain the high-performing school district designation for QSAC as defined in N.J.A.C. 6A:30-1.1.
In determining whether an SDA district is eligible to be considered by the SDA to manage a school facility project or projects, the Commissioner may also consider whether the district meets the criteria to have a fiscal monitor appointed to the district pursuant to N.J.S.A. 18A:7A-55.

(c) A school district determined eligible by the Commissioner for consideration by the Development Authority to manage a school facilities project(s) shall be presumed to be eligible during the intervening years between QSAC reviews. If the Commissioner orders a comprehensive review pursuant to N.J.A.C. 6A:30-3.1, the Commissioner may re-evaluate the school district's continued ability to manage school facilities projects.

History

Recodified from N.J.A.C. 6A:26-19.3 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote the section. Former N.J.A.C. 6A:26-19.2, Definitions, repealed.

N.J. Admin. Code § 6A:26-19.3 Notification of SDA districts

(a) The Commissioner shall notify the school district regarding the results of the eligibility determination. If determined eligible, the Department shall notify SDA that the school district was determined eligible to be considered by the Development Authority to manage a schools facilities project(s).

(b) A school district that the Commissioner determines to be ineligible for consideration by the Development Authority to manage a school facilities project may request that the Commissioner review its eligibility determination upon the school district satisfying the requirements described in N.J.A.C. 6A:26-19.2.

(c) If the Commissioner orders a comprehensive review pursuant to N.J.A.C. 6A:30-3.1 of any school district previously found eligible to manage a school facilities project, and finds that the school district is no longer able to manage school facilities projects, the Commissioner shall notify the Development Authority that the school district has lost its eligibility based on the Commissioner's assessment as per N.J.A.C. 6A:30-3.1. The Commissioner may rescind at any time a school district's eligibility determination if circumstances arise such that the school district no longer meets the eligibility requirements.

History

Recodified from N.J.A.C. 6A:26-19.4 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Rewrote (a) and (c); and in (b), substituted "for consideration" for "to be considered". Former N.J.A.C. 6A:26-19.3, Determination of eligibility by the Commissioner, recodified to N.J.A.C. 6A:26-19.2.

N.J. Admin. Code § 6A:26-19.4 Limitation of the subchapter$DQ$s applicability

This subchapter shall not apply to any school facilities project in an SDA district under the provisions of N.J.S.A. 18A:7G-13.a.

History

Recodified from N.J.A.C. 6A:26-19.5 and amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Limitation of applicability of subchapter". Inserted "the provisions of". Former N.J.A.C. 6A:26-19.4, Notification of SDA districts, recodified to N.J.A.C. 6A:26-19.3.

N.J. Admin. Code § 6A:26-19.5 Reserved

History

Recodified to N.J.A.C. 6A:26-19.4 by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Limitation of applicability of subchapter".

Subchapter 20 COMPREHENSIVE MAINTENANCE PLANS

N.J. Admin. Code § 6A:26-20.1 Purpose

The rules are intended to implement the provisions of EFCFA, specifically N.J.S.A. 18A:7G-3, 9.b(3), and 13.d, which require the Commissioner to promulgate rules requiring school districts to have comprehensive maintenance plans for school facilities and to make the appropriate investment in the maintenance of school facilities.

N.J. Admin. Code § 6A:26-20.2 Scope

(a) The rules in this subchapter shall apply to every school district that owns school facilities or operates school facilities owned by another party, when the operating school district is responsible for maintenance of the school facilities.

(b) Each school district that operates school facilities owned by other school districts shall include the school facilities in the operating school district's comprehensive maintenance plan, and shall forward a copy of the comprehensive maintenance plan to the owning school district.

N.J. Admin. Code § 6A:26-20.3 Required maintenance activities

(a) Required maintenance activities shall include, but are not limited to, the following:

Periodic inspection, testing, and certification of building systems or components required to maintain system warranty or guaranty provisions performed in accordance with manufacturer instructions and owner manuals;

Periodic service required to maintain system warranty or guaranty provisions performed in accordance with manufacturer instructions and owner manuals;

Periodic replacement of consumable parts required to maintain system warranty or guaranty provisions performed in accordance with manufacturer instructions and owner manuals;
Repairs or localized replacements of system components resulting from breakage, misuse, or vandalism;
Refinishing of interior floors and walls, including preparation, stripping, painting, and refinishing;
Consulting services needed to determine required maintenance; and
Tests to monitor indoor air quality.

(b) Each school district shall determine the required maintenance activities to reasonably maintain each school facility in the school district, and shall report the activities in its annual comprehensive maintenance plan pursuant to N.J.A.C. 6A:26-20.5.

N.J. Admin. Code § 6A:26-20.4 Required maintenance expenditures

(a) Expenditures for required maintenance activities set forth in N.J.A.C. 6A:26-20.3 shall qualify as investments in maintenance for purposes of calculating the required maintenance expenditure in (d) and (e) below, the annual required maintenance budget amount pursuant to N.J.A.C. 6A:26-20.8, and the maintenance factor (M) in N.J.S.A. 18A:7G-9.

(b) Expenditures that qualify as required maintenance include supplies and materials, contracted labor, and salaries of school district employees who are exclusively dedicated to the performance of required maintenance activities or for the payment of contracts for required maintenance.

When school district personnel who are not exclusively dedicated to the performance of required maintenance activities perform required maintenance activities, school districts may credit that portion of the salaries of such personnel to required maintenance expenditures where task-specific documentation of such activities is available and subject to audit.

(c) School districts shall maintain their accounting records for required maintenance at the school-facility level and report the final expenditures by school facility in the school district's comprehensive annual financial report. School districts shall have available the expenditure records, detailed by school facility, for verification by the school district auditor.

(d) Beginning in the fourth year after occupancy of a school facility that was funded as a school facilities project under EFCFA, the required maintenance expenditure shall be equal to or exceed 0.2 percent of the related school facility's replacement cost per year.

(e) For existing school facilities for which a school district seeks State facilities aid pursuant to EFCFA for rehabilitation or alteration, the required maintenance expenditure shall be equal to or exceed two percent of its replacement cost over the previous 10 years.

N.J. Admin. Code § 6A:26-20.5 Requirements for comprehensive maintenance plans

(a) Each school district shall develop a comprehensive maintenance plan to document prior-year required maintenance activities and expenditures, and the school district's planned required maintenance activities and budgeted costs for the filing year and one subsequent year. The plan shall incorporate the requirements of N.J.A.C. 6A:26-3.9(h) or 3.10(c), as applicable. The plan shall not include activities for capital maintenance or routine maintenance.

The comprehensive maintenance plan shall be submitted to the executive county superintendent by November 15 of every school year accompanied by a district board of education resolution approving the submission of the plan.

(b) Each school facility in the school district shall be included in the comprehensive maintenance plan. Other facilities shall not be included in the comprehensive maintenance plan. However, school districts are encouraged to maintain other facilities.

For the year prior to the filing year, a list of the completed maintenance activities for each school facility that corresponds to the actual expenditure for each school facility as reported in the school district's most recent comprehensive annual financial report (CAFR) on the schedule of required maintenance expenditures. A copy of the CAFR's schedules of required maintenance expenditures shall be attached to the activities list.

i. The expenditures for required maintenance activities for the years prior to the filing year shall be reported by school facility in the school district;

A worksheet in a Commissioner-provided format of total expenditures for required maintenance by school facility for 10 years prior to the filing year, compared to each school facility's required maintenance expenditure amount under N.J.A.C. 6A:26-20.4(d) and (e), as applicable;
For the filing year, the required maintenance activities planned for each school facility and estimated costs included in the filing-year budget;
For the year subsequent to the filing year:

i. The required maintenance activities planned for each school facility and estimated costs; and

ii. The required annual maintenance budget amount for each school facility pursuant to N.J.A.C. 6A:26-20.8;

Asbestos abatement activities planned for the year, in conformance with the school district's asbestos management plan pursuant to Asbestos Hazard Emergency Response Act (AHERA), 15 U.S.C. §§ 2641 et seq.;
A schedule for required radon testing for each school facility specifying the spaces to be tested every five years pursuant to N.J.S.A. 18A:20-40 and safe drinking-water testing per N.J.A.C. 7:10; and
A plan to correct deficiencies identified in the approved LRFP regarding substandard spaces, temporary classroom units, and dual-use spaces approved by the executive county superintendent for use in the school district pursuant to N.J.A.C. 6A:26-8.1(d).

N.J. Admin. Code § 6A:26-20.6 Submission and review of comprehensive maintenance plans

(a) The comprehensive maintenance plans shall be submitted to the executive county superintendent by district board of education resolution every school year.

(b) The district board of education resolution shall include a certification that the comprehensive maintenance plan:

Is complete and in compliance with this chapter; and
Includes activities and expenditures for each school facility that qualify as required maintenance pursuant to N.J.A.C. 6A:26-20.3, are reasonable to ensure the facilities are kept open and safe for use or in their original condition, and maintain the validity of warranties.

(c) The executive county superintendent shall notify a school district if a comprehensive maintenance plan is found to be deficient based upon the standards set forth in this chapter. In response to the notification, the school district shall submit to the executive county superintendent a revised comprehensive maintenance plan that addresses the identified deficiencies. The revised comprehensive maintenance plan shall be submitted within 30 days from the date of notification. The plan shall be deemed approved if a school district does not receive notification from the executive county superintendent within 90 days from submission date.

(d) The executive county superintendent shall review the implementation of the comprehensive maintenance plans in each school district at the time of cyclical evaluations of the school district pursuant to N.J.S.A. 18A:33-1 et seq. and N.J.A.C. 6A:30-2 to ensure the plan addresses required maintenance activities and the reported activities actually occurred.

N.J. Admin. Code § 6A:26-20.7 Requirements for a maintenance package for newly completed school facilities projects

(a) As a condition for the completion of a school facilities project, the school district shall obtain from the architect or engineer, or the Development Authority in the case of an SDA project, a certification that the contractor for the school facilities project has provided a maintenance package containing all of the following:

Manufacturer's warranties;
Owner's and training manuals;
Required maintenance and testing instructions; and
A summary of (a)1 through 3 above.

(b) The maintenance package shall cover the useful life of the school facilities project and be incorporated into the school district's comprehensive maintenance plan.

(c) At the completion of a school facilities project, the school district shall certify in writing to the Office of School Facilities that the architect, engineer, or contractor provided all of the required items listed in (a) above to close out the school facilities project.

N.J. Admin. Code § 6A:26-20.8 Required maintenance budget amount

(a) The required annual maintenance budget amount for each school district, as reported in its comprehensive maintenance plan, shall be included in the school district's annual budget certified for taxes in the required maintenance line-item accounts and/or as a deposit into the maintenance reserve in accordance with N.J.A.C. 6A:23A-14.2.

(b) The required annual maintenance budget amount shall be calculated by totaling the sum of the replacement cost as of the current year for each school facility multiplied by 0.002 and shall correspond to the amount reported in the most recent comprehensive maintenance plan submitted pursuant to N.J.A.C. 6A:26-20.6.

The required annual budget amount may be adjusted up or down, with the executive county superintendent's approval, based upon prior-year expenditures to ensure an overall expenditure of two percent on required maintenance per school facility over 10 years.
The replacement cost of the current year of a school facility shall be calculated by multiplying the area cost allowance by the current gross square footage of the building.

(c) If a school district does not annually include in the budget certified for taxes the required amount calculated pursuant to this section, the executive county superintendent shall not approve the school district's budget unless he or she determines that the school district may budget less than the full amount as follows:

If a school district determines it cannot budget the required amount, the school district shall submit to the executive county superintendent along with its budget acceptable proof of its inability to budget the required amount. The proof shall be accompanied by a plan to ensure that the required two percent will be expended over 10 years pursuant to EFCFA and this chapter.

i. If the executive county superintendent concurs with the school district's explanation of its inability to budget the full amount and approves its plan, the school district may budget less than the full amount as approved. The executive county superintendent shall not reject the school district's budget on this ground.

ii. If the executive county superintendent does not concur with the school district's explanation of its inability to budget the full amount or does not approve of its plan, the school district shall budget the full amount. The executive county superintendent shall not approve a budget that does not comply with this section.

N.J. Admin. Code § 6A:26-20.9 The maintenance factor in State debt service aid

(a) State debt service aid shall be calculated pursuant to N.J.A.C. 6A:26-3.8. The Maintenance Factor "M," pursuant to N.J.A.C. 6A:26-3.8(a), shall be 1.0 except when one of the following conditions applies, in which case the maintenance factor shall be as specified:

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 school district fails to demonstrate that over the 10 years preceding issuance of the school bonds it incurred a net investment in maintenance of the related school facility of at least two percent of the replacement cost of the school facility, pursuant to N.J.S.A. 18A:7G-7.b and N.J.A.C. N.J.A.C. 6A:26A-4.1, using the area cost allowance of the year 10 years preceding the year in which the school bonds are issued; or

For new construction, additions, and school facilities aided under N.J.S.A. 18A:7G-7.b supported by financing issued for projects approved by the Commissioner after July 18, 2000, beginning in the fourth year after occupancy of the school facility, the maintenance factor shall be reduced according to the schedule in (b) below for all school facilities projects for which the school district fails to demonstrate in the prior fiscal year an investment in maintenance of the related school facility of at least 0.002 percent of the replacement cost of the school facility, determined pursuant to N.J.S.A. 18A:7G-7.b and N.J.A.C. 6A:26-20.8.

(b) A school district's failure to make the required expenditures for maintenance for existing or new facilities pursuant to (a) above shall result in a Maintenance Factor (M) of less than one, and shall reduce debt service aid as follows:

| Annual Maintenance Percentage | Maintenance Factor (M) | | --- | --- | | .199 percent to .151 percent | 75 percent | | .150 percent to .100 percent | 50 percent | | Less than .100 percent | Zero |

Chapter 26A SECURING OUR CHILDREN'S FUTURE BOND ACT GRANTS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:26A-1.1 Purpose and scope

This chapter implements the Securing Our Children's Future Bond Act, P.L. 2018, c. 119 (the Act), which authorizes the issuance of $ 500 million in general obligation bonds to be allocated as grants for the costs of projects for career and technical education at county vocational school districts and county colleges, and for school security, and school district water infrastructure improvements in school districts. The rules specify eligibility criteria and procedures for the review and approval of grants to school districts from the bonds issued pursuant to the Act to support career and technical education, school security projects, including those in support of the implementation of Alyssa's Law, P.L. 2019, c. 33, and school district water infrastructure improvement projects. The rules also will ensure that the grant money is distributed consistent with the Act.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise:

"Act" means the Securing Our Children's Future Bond Act, P.L. 2018, c. 119.

"Alternative emergency mechanism" means a device or system that generates a notification to local law enforcement in the event of a school security emergency, as approved by the Department.

"Alyssa's Law" means P.L. 2019, c. 33 (N.J.S.A. 18A:41-10 et seq.).

"Bonds" means the bonds authorized to be issued, or issued, under the Act.

"Career and technical education" or "CTE" means as defined at N.J.A.C. 6A:19-1.2.

"Career and technical education program" or "CTE program" means a program, approved by the Department, that offers a sequence of courses that provide students with the coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions. A CTE program provides technical skill proficiency, an industry-recognized credential, a certificate, or an associate degree.

"Construct" and "construction" means the planning, erecting, altering, repairing, purchasing, improving, developing, constructing, reconstructing, extending, rehabilitating, renovating, upgrading, demolishing, and equipping of water infrastructure improvement projects and security projects in schools, and of education buildings at schools, county vocational school districts, and county colleges.

"Cost" means the expenses incurred in connection with: the acquisition by purchase, lease, or otherwise, the development, and the construction of any project authorized by the Act; the acquisition by purchase, lease, or otherwise, and the development of any real or personal property for use in connection with a project authorized by the Act, including any rights of interest therein; the execution of any agreements and franchises deemed by the Commissioner or the Secretary of Higher Education to be necessary or useful and convenient in connection with any project; and the procurement or provision of engineering, architectural design, surveying, inspection, planning, legal, financial, or other professional services, estimates, studies, reports, or advice.

"County college" means an entity established pursuant to Chapter 64A of Title 18A of the New Jersey Statutes.

"County vocational school district" or "CVSD" means an entity established pursuant to Article 3 of Chapter 54 of Title 18A of the New Jersey Statutes.

"Debt service" means as set forth at N.J.S.A. 18A:7G-3.

"Debt service aid" means aid provided pursuant to N.J.S.A. 18A:7G-9.

"Drinking water outlet" means as defined at N.J.A.C. 6A:26-1.2.

"Economically disadvantaged student" means as defined at N.J.A.C. 6A:19-1.2.

"Education buildings" means buildings, structures, and facilities required for the operation of schools, county vocational school districts, or county colleges.

"English language learner" means as defined at N.J.A.C. 6A:15-1.2.

"Grant" means a grant of moneys from the Securing Our Children's Future Fund approved by the Commissioner for a project.

"Grant agreement" means the agreement between the school district and the Commissioner that sets forth the terms and conditions of the grant, amount of the grant, and disbursement schedule.

"Homeless student" means the same as "homeless child" as defined at N.J.A.C. 6A:17-1.2.

"Lead service line" means, as defined at 40 CFR 141.2, a service line made of lead that connects the water main to the building inlet and any lead pigtail, gooseneck, or other fitting that is connected to such lead line, and includes lead lined/dipped galvanized pipe.

"Multilingual learner" means as defined at N.J.A.C. 6A:15-1.2.

"New Jersey Safe Drinking Water Act" or "NJSDWA" means N.J.S.A. 13:1D-1 et seq.

"New Jersey Schools Development Authority" or "NJSDA" means the New Jersey Schools Development Authority established pursuant to N.J.S.A. 52:18A-237.

"Nontraditional fields" means as defined at N.J.A.C. 6A:19-1.2.

"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 as set forth at N.J.S.A. 18A:41-11 and N.J.A.C. 19:32A-1.3.

"Project" means the establishment and construction of education buildings and the expansion and construction of additional facilities at, and the acquisition and installation of additional or upgraded equipment for, existing or new education buildings, or parts thereof, at county vocational schools and county colleges for the purpose of increasing academic capacity to expand or offer new CTE programs, which shall include, but not be limited to, classrooms, laboratories, computer facilities, and other academic buildings and all property appurtenant thereto, but shall not include dormitories, administrative buildings, athletic facilities, or other revenue-producing facilities; and the construction, repair, rehabilitation, or replacement of water supply infrastructure in school districts for the purpose of improving water quality in school district schools; and security projects in school districts.

"Resource family home" means as defined at N.J.A.C. 3A:51-1.3.

"Routine maintenance" means as defined at N.J.A.C. 6A:26-1.2.

"Safe Drinking Water Act" or "SDWA" means 42 U.S.C. §§ 300f et seq.

"School" means an educational institution that includes any of the grades kindergarten through 12.

"School building" means a building owned or leased by a school district and used to permanently house students in any combination of grades kindergarten through 12.

"School district" means a local or regional school district, a county special services school district, a county vocational school district, and a district under partial or full State intervention pursuant to P.L. 1987, c. 399 (N.J.S.A. 18A:7A-34et seq.). For the purposes of this chapter, school district does not include charter or renaissance schools.

"School security emergency" means as defined at N.J.A.C. 19:32A-1.3.

"Securing Our Children's Future Fund" means the fund established pursuant to Section 13 of the Act in which the proceeds of the bonds are deposited to be used for the purposes set forth in the Act.

"Security project" means the construction, improvement, alteration, or modernization of all, or any part, of a school in a school district for school security purposes, including alarms and silent security systems. Security project shall not include routine maintenance.

"Student with a disability" means as defined at N.J.A.C. 6A:14-1.3.

"Substantial completion" means that point in time for a project when all of the following have occurred, as applicable:

All essential requirements of the contracts have been fully performed so that the purpose of the contracts is accomplished;
The punchlist has been created;
There are no important material omissions or technical defects or deficiencies regarding the project;
A temporary certificate of occupancy, continued use, or completion has been issued; and/or
The project is ready for occupancy or use in accordance with its intended purpose.

"Water infrastructure improvement" means the construction, reconstruction, repair, rehabilitation, or replacement of water supply infrastructure in school districts for the purpose of improving water quality in school district schools.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-1.3 Allocation of Securing Our Children's Future Bond Act funds

(a) Proceeds of bonds issued pursuant to the Act shall be allocated as grants for the costs of projects as follows:

Three-hundred-and-fifty million dollars for county vocational school district career and technical education (CVSD CTE) grants and for school security project grants to school districts.

i. Two-hundred-and-seventy-five million dollars shall be allocated for CVSD CTE grants, which shall include an amount sufficient to address costs associated with the administration of the grants by the State agencies.

ii. Seventy-five million dollars shall be allocated for school security project grants to school districts, which shall include an amount sufficient to address costs associated with the administration of the grants by the State agencies; and

One hundred million dollars for school district water infrastructure improvement grants, which shall include an amount sufficient to address costs associated with the administration of the grants by the State agencies.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-1.4 General project eligibility

(a) The Commissioner shall award moneys from the Securing Our Children's Future Fund in the form of grants to school districts for the cost, or a portion of the cost, of:

County vocational school district (CVSD) CTE projects;
School security projects; and
School district water infrastructure improvement projects.

(b) CVSDs shall:

Use the CTE grants to:

i. Increase the CVSD's capacity to offer CTE programs;

ii. Prepare students for high demand, technically skilled careers; and

iii. Align CTE programs with labor market demands or economic development goals; and

Demonstrate the process by which the CVSD engaged employers to identify workforce needs.

To comply with Alyssa's Law as set forth at N.J.A.C. 19:32A or through approval of an alternative emergency mechanism;
Before expending school security project grants for any other school security project, the school district must have complied fully with the requirements of Alyssa's Law; and
Any school security project grant funds not used for Alyssa's Law compliance shall be used by school districts to comply with N.J.S.A. 18A:7G-5.2.

(d) School districts shall use the school district water infrastructure improvement grants solely for water infrastructure improvement projects to remediate contamination.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-1.5 Notification of grant award, legislative approval, and grant agreement

(a) Prior to the award of any grants pursuant to this chapter, the Commissioner shall prepare a list of eligible projects for submission to the presiding officers of each House of the Legislature on a date that both Houses are in session.

The list of eligible projects shall include the amount of the grant for each project.
The list shall be deemed approved in its entirety, unless the Legislature adopts a concurrent resolution stating that the Legislature is not in agreement with the list within 60 days following the date of the transmittal of the list to the Legislature.
The payment of project grants to school districts shall be subject to the prior appropriation of sufficient funds pursuant to section 14 of P.L. 2018, c. 119 for the total amount of the projects set forth in the list of eligible projects sent to the Legislature.

(b) At the time of submission of the list of eligible projects to the Legislature, the Commissioner may provide a notification to the school district that its proposed project is an eligible project submitted to the Legislature for approval.

(c) Upon receipt of notification that the school district's project is an eligible project submitted to the Legislature for approval, the school district shall submit any documentation necessary for school facilities project approval pursuant to N.J.A.C. 6A:26-3.2 or other capital project approval pursuant to N.J.A.C. 6A:26A-3.11, as applicable.

(d) Following approval by the Legislature and appropriation of funds for the list of eligible projects, the Commissioner shall provide notice of a grant award to the school district.

(e) Prior to the disbursement of any grant funds, the Commissioner shall execute a grant agreement with the school district pursuant to the requirements at N.J.A.C. 6A:26A-1.6.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-1.6 Grant agreements

(a) The Commissioner shall not execute a grant agreement until the school district obtains other capital project approval pursuant to N.J.A.C. 6A:26-3.11, as applicable, for the approved grant project.

(b) Each grant agreement shall include, but not be limited to, the following provisions:

The school district shall abide by any other applicable laws, rules, and regulations;
The school district shall provide to the Commissioner, upon request, any information regarding the use of the grant and the progress of the project; and

The disbursement of grant funds shall be in accordance with N.J.A.C. 6A:26A-1.7.

(c) Failure by the school district to comply with the terms of the grant agreement may result in the withholding of disbursement or a requirement to repay disbursed grant funds to the Department.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-1.7 Disbursement of grant funds

(a) Disbursement of grant funds shall be made based on the schedule set forth in this section.

(b) Prior to the disbursement of funds pursuant to this chapter, the school district shall submit a written request for disbursement of funds for approval by the Commissioner for eligible costs that have been incurred by the school district. The school district's request shall include:

A complete description of the costs incurred and the vendors to be paid, signed by the school district's chief school administrator;
A certification of the chief school administrator attesting to the completion of any percentage of the project as set forth in (c) or (d) below, as applicable;
Sufficient documentation, as determined by the Commissioner, to support the chief school administrator's certification in (b)2 above;
A completed Commissioner-approved project completion checklist for the final disbursement; and
For final disbursement of funds for a school security grant, proof of an Alyssa's Law compliance determination from the NJSDA or approval of the alternative emergency mechanism by the Department.

(c) The funds for each grant requiring other capital project approval pursuant to N.J.A.C. 6A:26-3.11 shall be released in four installments based on project completion, as follows:

The first disbursement of the grant shall be in the amount of 30 percent of the total grant amount as set forth in the grant agreement and shall be made available upon completion of 35 percent of the project and approval of a request for disbursement as set forth in (b) above.
The second disbursement of the grant shall be in the amount of 40 percent of the total grant amount as set forth in the grant agreement and shall be made available upon completion of 65 percent of the project and approval of a request for disbursement as set forth in (b) above.
The third disbursement of the grant shall be in the amount of 15 percent of the total grant amount as set forth in the grant agreement and shall be made available upon substantial completion of the project and approval of a request for disbursement as set forth in (b) above.
The final disbursement of the grant shall be in the amount of the remaining funds as set forth in the grant agreement and shall be made available upon completion of the project and approval of a request for disbursement as set forth in (b) above.

(d) The funds for each grant not requiring other capital project approval pursuant to N.J.A.C. 6A:26-3.11 shall be disbursed as follows:

The first disbursement of the grant shall be in the amount of 25 percent of the total grant amount as set forth in the grant agreement and shall be made available upon completion of 25 percent of the project and approval of a request for disbursement as set forth in (b) above.
The final disbursement of the grant shall be in the amount of the remaining funds as set forth in the grant agreement and shall be made available upon completion of the project and approval of a request for disbursement as set forth in (b) above.

(e) The funds for reimbursement of completed school security and water infrastructure improvement projects shall be made available upon the execution of the grant agreement and approval of a request for reimbursement as set forth in (b) above.

(f) Total disbursements shall not exceed the grant amount as set forth in the grant agreement and, for CVSD CTE grants, shall not exceed 75 percent of the total project costs in accordance with N.J.A.C. 6A:26A-2.2(a).

(g) No disbursement shall be made until after execution of the grant agreement.

(h) In the case of special circumstances and/or extraordinary need, the school district may request a waiver from the above applicable schedule of disbursements upon application to the Commissioner indicating the reasons for such request and a proposed schedule of disbursements. Upon review by the Commissioner, the Commissioner may approve the waiver and shall notify the school district accordingly.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

Subchapter 2 APPLICATIONS FOR COUNTY VOCATIONAL SCHOOL DISTRICT CAREER AND TECHNICAL EDUCATION GRANTS

N.J. Admin. Code § 6A:26A-2.1 Requirements for county vocational school district career and technical education grants

(a) On the application pursuant to N.J.A.C. 6A:26A-2.3, a CVSD shall demonstrate that the proposed project will meet all of the following criteria:

The CVSD has obtained a documented commitment for matching funds as set forth at N.J.A.C. 6A:26A-2.2;
The proposed project shall increase the number of students in CTE programs and increase academic opportunity by expanding existing or offering new CTE programs;
The proposed project shall target new student seats for CTE programs that prepare students for high demand, technically skilled careers in accordance with:

i. Demonstrated county needs aligned with labor market demands; or

ii. Economic development goals in the following industries of focus:

(1) Construction and energy;

(2) Finance;

(3) Health care;

(4) Leisure and hospitality;

(5) Life sciences;

(6) Manufacturing;

(7) Retail trade;

(8) Technology; or

(9) Transportation, distribution, and logistics; and

The proposed project meets the objectives of the grant program outlined in (c) below.

(b) The school district's application shall demonstrate the extent to which the proposed project addresses the following objectives of this grant program:

Equitable access, which means how the school district will identify, recruit, and support students with a disability, multilingual learners, economically disadvantaged students, students preparing for nontraditional fields, homeless students, students placed in a resource family home, and students whose parent or guardian has been ordered into active military service in the United States Armed Forces;

Collaboration, which means the extent to which the school district will establish or expand partnerships with one or more county colleges or employers to expand the program's impact by offering activities or courses that build career awareness or technical or employability skills for students or that develop the professional capacity of educators to teach CTE courses;
Industry-valued credentials, which means programs that lead to a New Jersey Department of Labor and Workforce Development (DLWD)-valued credential in a high demand sector, and how the proposed project delivers a program(s) that supports the students listed in (b)1 above to earn one or more industry-valued credential(s);
College credits, which means the extent to which the proposed project allows students to earn college credits, up to and including an associate degree, that are in industries of focus as set forth in (a)3ii above and free of charge to economically disadvantaged students;
Apprenticeships, which means the extent to which the proposed project identifies an industry partner that is currently operating, or will operate, an approved, registered apprenticeship program and is willing to work with a school to offer a pre-apprenticeship model for students; and
Innovation, which means the extent to which the proposed project will deliver a program(s) that leverages innovative technologies, schedules, teaching methodologies, and partnerships to provide authentic learning experiences in high demand industries that are accessible to, and engaging for, 21st century learners.

(c) All proposed work shall directly support the addition of new student seats in the CTE program, and shall consist of one or more of the following eligible scopes of work:

Renovation of existing square footage to increase the number of student seats;
New construction, such as a building addition, or stand-alone building, to increase the number of student seats;
Physical plant upgrades needed to support the conversion of existing space to support an eligible CTE program or a building addition that increases the number of student seats;
The purchase and installation of furniture and equipment, including technology, in new, renovated, or reassigned spaces;

Site improvements related to CTE program expansion; or

Demolition of non-instructional buildings, or portions of buildings, to accommodate new construction that increases the number of student seats.

(d) The following scopes of work or costs shall be ineligible for CVSD CTE grants:

Site acquisition, including to expand an existing site;

Building system upgrades and improvements not related to CTE program expansion;
Building additions in which the total proposed net square footage of CTE classrooms, including adjacent support spaces serving the classroom, is less than 75 percent of the total net square footage of the proposed construction;
Demolition that results in a net loss of CTE student seats;
Improvements to leased buildings, except where:

i. The lessor is a public entity, such as a school district or county college;

ii. The term of the lease agreement is for a minimum of 20 years, with an end date no earlier than June 30, 2044; and

iii. The CVSD is authorized to make the capital improvements represented in the grant application;

Costs incurred prior to the signing of a fully executed grant agreement; and
Costs of professional consultants whose services are not incurred as part of the construction represented in the grant application.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-2.2 Matching funds

(a) CVSD CTE grants shall be approved for 75 percent of the total eligible project costs in the CVSD's application as determined by the Commissioner.

The remaining costs of the project shall be borne by the CVSD. No amount of the cost of a CVSD CTE program project approved pursuant to this chapter shall be included in the cost of tuition charged to sending school districts pursuant to N.J.A.C. 6A:23A-17.3 and 17.4.
If, after the award of a grant pursuant to this section, the total cost of the project pursuant to a public bidding process exceeds the estimated total project costs as set forth in the school district's application and the school district is unable to raise sufficient local funds for the increased cost, the school district may reduce the cost of the project through value engineering and alterations to the building area, as long as the reductions do not result in an impact to the school district's score on the priority rubric pursuant to N.J.A.C. 6A:26A-2.3(a) that places the school district's score below a school district that did not receive a grant. Any changes as set forth in this paragraph must be submitted to the Commissioner for approval.
If the total cost of the project falls below the grant application cost estimate after the award of a grant pursuant to this section, the Commissioner will adjust the total grant award accordingly.
If the CVSD is unable to provide its share due to higher than estimated costs, the grant will be awarded to the next eligible application based on the rubric as set forth at N.J.A.C. 6A:26A-2.3(a).

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-2.3 Priority rubric, regional groups, and grant amounts

(a) Each application shall be ranked by the Commissioner according to a scoring rubric that evaluates the extent to which the proposed project meets the following criteria:

Application quality;
The objectives of the grant program as set forth at N.J.A.C. 6A:26A-2.1(c) and demonstrated in the application as set forth at N.J.A.C. 6A:26A-2.4(a)6; and
The following construction criteria, as applicable:

i. CTE classroom square footage, which means the net square feet proposed for new CTE classrooms, including support spaces directly accessible from the classroom, compared to the total net square feet proposed to be renovated or newly constructed in the grant application;

ii. Square feet per student, which means the ratio of the total square footage to be renovated or newly constructed relative to the proposed new CTE program capacity, as compared to applications in the same or similar industry cluster group; and

iii. Cost per student, which means the ratio of total proposed project costs relative to proposed new CTE program capacity, as compared to applications in the same or similar industry cluster group and in the same geographic group as set forth in (b) below.

(b) The following regional groups will be used to ensure that the expansion of CTE program capacity is distributed throughout the State:

Group A will include the CVSDs in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, and Salem counties;

Group B will include the CVSDs in Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset, and Union counties; and

Group C will include the CVSDs in Bergen, Essex, Hudson, Morris, Passaic, Sussex, and Warren counties.

One-hundred-and-fifteen million dollars to fund a minimum of six "small projects," which means projects with total project costs of $ 25 million or less each, including:

i. One grant to each of the two highest-ranking projects as evaluated pursuant to (a) above in each regional group as defined in (b) above; and

ii. If excess funds remain after the award of the six grants as set forth in (c)1i above, additional grants will be awarded to the next highest-ranking projects.

No more than $ 160,000,000 to fund four "large projects," which means projects with total project costs of more than $ 25 million, as follows:

i. One grant to each of the highest-ranking applicants as evaluated pursuant to (a) above in each of the three regional groups as defined in (b) above, and one grant to the next highest overall applicant without regard to regional group; and

ii. If excess funds remain after the award of the four grants provided for in (c)2i above, the remaining funds may be held in reserve, or reassigned to projects pursuant to (c)1 above, as allocated by the Commissioner pursuant to the Act.

The Commissioner shall award no more than four large project grants.
No CVSD CTE large project grant shall be for more than a total of $ 40 million.
The Commissioner may award multiple small project grants to a single CVSD if the total project costs for all of the CVSD's proposed small projects are less than $ 25 million.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-2.4 Application procedures for county vocational school district career and technical education grants

(a) Each applicant for CVSD CTE grants shall submit a completed application with the following required information in a format prescribed by the Commissioner:

A completed application form;
Updates in the Department's web-based long-range facilities plan reporting system to the CVSD's room inventories of the school(s) and associated building(s) for which grant funding is requested to represent existing and proposed conditions as represented in the school facilities project application;

A complete educational school facilities project application schematic submission as set forth at N.J.A.C. 6A:26-3.2(b)1;

Certification by the chief school administrator that the application is in compliance with N.J.A.C. 6A:26A-2.1;
A project description of the proposed school facilities project and how it supports CTE program expansion in accordance with labor market demands and economic development goals, including proposed changes to existing CTE programs and student capacity;
A narrative explanation of how the application addresses the objectives of the grant program at N.J.A.C. 6A:26A-2.1(c), as applicable, and as outlined below:

i. For equitable access, the application shall present a targeted and achievable plan for identifying, recruiting, enrolling, and supporting students from special populations. The plan shall include the following:

(1) A data analysis of students served, including a baseline, trends, and gaps, and county demographics;

(2) Targets for annual increases in representation of student populations identified as underserved and aimed at programs that reflect county demographic data;

(3) Research-based strategies for effectively assembling and communicating with students and families in the identified subgroups, including when and where the CVSD anticipates making the communications; and

(4) A value proposition that promotes CTE generally and the new program(s) specifically.

ii. To demonstrate collaboration, the application shall include, at a minimum:

(1) Letters of interest submitted by one or more interested partners;

(2) The grade levels and anticipated number of students to be served;

(3) Details on the partnership, including the frequency and duration of the program or events and the organizational structure for communication and delivery; and

(4) Details on the process by which the CVSD engaged employers to identify workforce needs.

iii. An application that includes industry-valued credentials shall explain:

(1) How the program is aligned to an industry-valued credential; and

(2) How the curriculum will promote success for all students in obtaining the industry-valued credential.

iv. An application that includes college credits shall include:

(1) A sustainable plan that funds college credits for economically disadvantaged students enrolled in the program; and

(2) A partnership agreement with an accredited two- or four-year institution of higher education;

v. An application that includes an apprenticeship shall include, at a minimum, the following:

(1) A signed letter of interest by an industry partner or county college partner, as applicable;

(2) A description of the current or planned pre-apprenticeship model to be offered with the industry partner;

(3) The estimated number of students who will be able to participate in the apprenticeship program;

(4) A clearly developed plan for the cost of student participation, such as student transportation, supplies, materials, and access to support services. The plan must include a sustainability plan; and

(5) A specific and detailed plan for student transition to directly enter a registered apprenticeship program from a pre-apprenticeship program.

vi. An explanation of the extent to which the proposed project will meet the innovation criteria set forth at N.J.A.C. 6A:26A-2.1(c)6;

A copy of the resolution adopted by the CVSD's district board of education authorizing the application for the grant;
A copy of the resolution adopted by the county board of chosen freeholders approving the application's submission and the total amount of county contribution; and
For proposed work to leased property, the CVSD shall also submit:

i. An executed lease agreement or a memorandum of understanding (MOU) between the CVSD and the lessor that memorializes the requirements set forth at N.J.A.C. 6A:26A-2.1(d)5; and

ii. The CVSD's district board of education resolution that includes an acknowledgment that, upon termination of the lease by either party prior to June 30, 2044, the CVSD shall be required to return a pro rata share of the CVSD CTE grant to the Commissioner.

(b) CVSDs shall be limited to one grant application for each school campus.

For the purposes of this subsection only, "school campus" shall mean a parcel of land that is non-contiguous with other school district-owned properties. One school campus may include one or more schools in one or multiple buildings.
The school district's grant application may address all or some schools and buildings on the school campus.

(d) The Commissioner will advance complete applications to be evaluated and scored based on the requirements in (a) above and the criteria at N.J.A.C. 6A:26A-2.3.

(e) The Commissioner may request clarification or additional information from the applicant during the evaluation and scoring of the application.

(f) No CVSD shall make material changes to the project after approval of the grant by the Legislature pursuant to N.J.A.C. 6A:26A-1.5. All non-material changes to the proposed project, including value engineering as set forth at N.J.A.C. 6A:26A-2.2(a)2 and square footage reductions that do not impact proposed CTE student seats or change the rubric score of the application, shall be approved by the Commissioner. Violation of this subsection shall result in the termination of the grant agreement and repayment of any grant funds to the Department by the CVSD.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-2.5 School facilities project approval

Following receipt of a notification letter pursuant to N.J.A.C. 6A:26A-1.5, and as a condition for receipt of grant funds, the school district shall submit a complete long-rage facilities plan amendment and respond to schematic submission review comments, as applicable, to facilitate other capital project approval pursuant to N.J.A.C. 6A:26-3.11.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

Subchapter 3 SCHOOL DISTRICT WATER INFRASTRUCTURE IMPROVEMENT GRANTS

N.J. Admin. Code § 6A:26A-3.1 General eligibility for school district water infrastructure improvement grants

(a) School districts may submit school district water infrastructure improvement project grant applications for completed or proposed water infrastructure improvement projects at school district schools serving grades kindergarten through 12.

(b) All applicants for school district water infrastructure improvement grants shall submit proof of compliance with N.J.A.C. 6A:26-12.4. Applications will be disqualified for failure to comply with N.J.A.C. 6A:26-12.4.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-3.2 Eligible work for school district water infrastructure improvement grants

(a) The Commissioner will award water infrastructure improvement grants for projects that address water contamination, including:

Improvements to drinking water outlets with a detectable level of lead or other contaminants, as demonstrated by testing conducted pursuant to N.J.A.C. 6A:26-12.4, located in school district schools. The improvements shall include:

i. The replacement of drinking water outlet fixtures with fixtures that are certified lead-free by an American National Standards Institute (ANSI) accredited third-party certification body that provides certification pursuant to the SDWA lead-free requirement for manufacturers of drinking water system and plumbing products; and

ii. The installation of point-of-use treatment devices that are certified to reduce lead or other contaminants in accordance with National Science Foundation/ANSI standards, in conjunction with an operation and maintenance plan requiring that the school business administrator, or his or her designee, shall submit an annual certification that the treatment device is being properly maintained and operated to the executive county superintendent; or

Whole system remediation, which includes:

i. The installation of automated water flushing systems, which means systems that utilize time-operated values that are set to flush pipes to maintain non-detectable lead levels and mitigate other water quality conditions. Eligible systems shall be capable of storing instructions and data for a minimum of 12 months, offer continuous monitoring of water quality conditions, and be capable of 10 flushing program events per day;

ii. Replacement of lead service lines that provide water to school district schools from the water main to the building inlet.

(1) The replacement of the lead service line shall be conducted in collaboration with the public water system or utility that serves the facility;

(2) The proposed project shall address the replacement of the entire lead service line from water main to curb, even when the public water system or utility owns a portion of the lead service line, when to replace only the school district portion would be a greater, temporary negative impact to lead exposure or does not remove the entire source of lead in the service line; or

iii. Installation, repair, or reconstruction of the non-community or non-public well system to address demonstrated water contamination or exceedance of a maximum contaminant level or action level, including any primary drinking water standard as set forth under the SDWA or NJSDWA, and excluding piping replacement in the distribution system.

(b) The following work is ineligible for school district water infrastructure improvement grants:

Water infrastructure improvements completed prior to January 1, 2016;
Work to be funded by debt service;
Work not specifically listed in (a) above;
Work for fixtures that are not considered drinking water outlets pursuant to this chapter and N.J.A.C. 6A:26-1.2;
Any services performed by consultants or otherwise not included in the full cost of the water infrastructure improvement project;
Whole-school plumbing assessments, or any services not authorized by this subchapter;
Improvements to school district schools solely used for early childhood students;
Improvements to a leased building, except where:

i. The lessor is a public entity, such as a school district or county college;

ii. The term of the lease agreement is for a minimum of five years, with an end date no earlier than June 30, 2024; and

iii. The school district is authorized to make the capital improvements represented in the grant application.

Improvements to a charter or renaissance school; and

Costs for replacement of filters after initial purchase and completion of the water infrastructure improvement project funded by a grant.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-3.3 Amount, allocation, and prioritization of school district water infrastructure improvement grants

(a) Subject to the availability of sufficient funds for all eligible projects, grants for school district water infrastructure improvement projects will be funded:

For improvements to drinking water outlets, 100 percent of eligible costs up to a maximum of $ 6,000 per unit; and
For whole system remediation, 100 percent of the cost.

(b) If total grant applications for school district water infrastructure improvement grants that are eligible pursuant to N.J.A.C. 6A:26A-3.2(a) exceed the total amount of funds pursuant to the Act, applications will be prioritized or total funds provided will be capped based on:

The type of contaminant and levels of contaminants detected;
Grade levels served by the school, with highest priority to the earliest grade levels;
Existing construction age of the school;
Executive Order No. 23 (2018); and
Other relevant criteria as determined by the Commissioner.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-3.4 Application procedures for school district water infrastructure improvement grants

(a) Applications for school district water infrastructure improvement grants will not be accepted before or after the time period for application submission as established by the Commissioner;

(b) The following materials shall be required for a complete application:

Water Infrastructure Improvement Grant Application form;
Consultant certification verifying proposed scope of work and costs;
Invoices and proof of payment, if submitting a request for reimbursement of completed water infrastructure improvement work;
Resolution adopted by the district board of education approving the submission of the grant application and affirming the availability of local funds to complete the project if the total estimated costs exceed the grant allocation;
Sustainability plan for filtration solutions, including testing schedules and proposed maintenance procedures and schedule;
Water quality testing results:

i. A copy of the most recent districtwide water quality testing results for all buildings completed by a certified laboratory;

ii. A copy of the Water Outlet Inventory and Filter Inventory for all buildings included in the proposed work or work submitted for reimbursement for the school district water infrastructure improvement grant, unless the work is solely lead service line replacement; and

iii. For requests for reimbursement of completed water infrastructure improvement projects, a copy of the water quality testing results that triggered the project;

Copy of a water bill or other documentation that evidences which public water system serves the building(s), if applicable;
Proof of compliance with N.J.A.C. 6A:26-12.4 and (b)6i above; and
For proposed work at leased property, the school district shall also submit:

i. An executed lease agreement or a memorandum of understanding (MOU) between the school district and the lessor that memorializes the requirements set forth at N.J.A.C. 6A:26A-3.2(b)8; and

ii. The district board of education resolution that includes an acknowledgment that, upon termination of the lease by either party prior to June 30, 2024, the school district shall be required to return a pro rata share of the water infrastructure improvement grant to the Department.

(c) The Commissioner will review all applications for school district water infrastructure improvement grants for completeness.

(d) The Commissioner will advance only complete applications to be evaluated based on the criteria set forth in this subchapter and prioritized pursuant to the criteria identified at N.J.A.C. 6A:26A-3.3(b).

(e) Upon review of complete applications, the Commissioner may request the following before approving a grant under this subchapter:

Clarification or additional information based on the information submitted in the school district application;
Review of the application by another State agency to determine compliance with the requirements of the program;

On-site inspections by another State agency to determine compliance with the requirements of the program; and

Such other terms as determined by the Commissioner.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-3.5 Closeout

(a) Upon completion and before closeout of the project, the school district shall conduct a sampling and analysis in accordance with the Safe Drinking Water Act.

(b) Water testing conducted upon closeout of a water infrastructure improvement project pursuant to this subchapter shall be an allowable cost included in the grant under this subchapter.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

Subchapter 4 SCHOOL SECURITY PROJECT GRANTS

N.J. Admin. Code § 6A:26A-4.1 General eligibility criteria for school security project grants

(a) School security project grants shall be available to school districts that operate school buildings and are approved for grant funding by the Commissioner in accordance with this subchapter.

(b) The Commissioner may award school security project grants to school districts for the following:

Planned or completed projects to comply with Alyssa's Law; and
Planned school security projects to implement the provisions of N.J.S.A. 18A:7G-5.2.

Demonstrate compliance with Alyssa's Law in each school building in the school district; or
Submit a school security project application that includes projects that will ensure the school district is in compliance with Alyssa's Law.

(d) School security projects to comply with Alyssa's Law are limited to school buildings. School security projects to comply with N.J.S.A. 18A:7G-5.1are limited to schools.

(e) For each school district, the Commissioner will calculate a maximum grant allowance based on the school district's student population and grades served, as set forth at N.J.A.C. 6A:26A-4.3(b).

(f) As long as each school building meets the requirements for compliance with Alyssa's Law as set forth at N.J.A.C. 19:32A, a school district may allocate its total security grant funding to comply with Alyssa's Law among school buildings within the school district, in its discretion.

(g) A school district that proposes to expend funds in excess of its maximum grant allowance to comply with Alyssa's Law shall demonstrate the existence of local funds to fund the excess cost of the proposed project to comply with Alyssa's Law. No debt service aid shall be provided to support the raising of local funds for an excess cost for a proposed project to comply with Alyssa's Law.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-4.2 Application procedures for a school security grant

(a) School districts applying for a school security grant shall submit one application that includes all eligible school buildings and projects.

(b) School districts applying for a school security grant shall submit the following documentation within the deadlines set by the Commissioner:

A School Security Grant Application form;
The resolution adopted by the district board of education affirming the following:

i. The submission of the grant application; and

ii. The availability of local funds in case the total estimated costs of the proposed project exceeds the school district's grant allowance; and

Documentation to demonstrate compliance or a plan to comply with Alyssa's Law using the school security project grant, which shall include the information in this paragraph.

i. If the school district has obtained proof of compliance with Alyssa's Law from the NJSDA pursuant to N.J.A.C. 19:32A prior to the submission of an application for a school security project grant, proof of a determination of compliance by NJSDA; or

ii. For reimbursement for a completed project to comply with Alyssa's Law:

(1) Required documentation for compliance with Alyssa's Law as set forth at N.J.A.C. 19:32A-2.3(d) and, if the proposed project does not meet any provision of N.J.S.A. 18A:41-11.a through d, a description of how the proposed project meets the spirit and intent of Alyssa's Law and why it should be approved as an alternative emergency mechanism by the Department; and

(2) Detailed and dated invoices and proof of payment.

iii. For a proposed project to comply with Alyssa's Law:

(1) A description of the proposed project, including a description of the method of operation for signaling law enforcement, sufficient to demonstrate how the proposed project will address the provisions of Alyssa's Law in accordance with N.J.A.C. 19:32A-2.5 or an alternative emergency mechanism. The description shall be prepared by a representative of the school district, or by the vendor, designer, or proposed installer of the project;

(2) A detailed cost estimate by a vendor or design professional for the proposed project, specified by school building;

(3) The anticipated installation completion date for each school building;

(4) A written acknowledgment by the chief school administrator, school business administrator, or a designee of either, that the proposed installer meets the license requirement set forth at N.J.S.A. 45:5A-27, or that provides a description of the proposed installer's credentials;

(5) A Commissioner-approved certification that the proposed project will connect to, and upon activation, notify local law enforcement 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 the State Police. The certification shall be signed by a representative from local law enforcement or the State Police; the chief school administrator, school business administrator, or a designee of either; a proposed installer of the panic alarm licensed pursuant to N.J.S.A. 45:5A-27; or a school district architect or other design consultant who designed the project; and

(6) If the proposed project does not meet any provision of N.J.S.A. 18A:41-11.a through d, a detailed description of how the proposed project meets the spirit and intent of Alyssa's Law and why the proposed project should be approved as an alternative emergency mechanism by the Department;

For a proposed project to comply with N.J.S.A. 18A:7G-5.2:

i. A detailed description of the security objective and proposed project;

ii. A detailed cost estimate by a professional; and

iii. An estimated completion date; and

For proposed work at leased property, the school district shall also submit:

i. An executed lease agreement or a memorandum of understanding (MOU) between the school district and the lessor that memorializes the requirements at N.J.A.C. 6A:26A-4.4(d)2; and

ii. A resolution adopted by the district board of education that includes an acknowledgment that, upon termination of the lease by either party prior to June 30, 2024, the school district shall be required to return a pro rata share of the school security project grant to the Department.

(c) The Commissioner may request clarification of information contained in the school district's application or additional information related to a submitted application.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-4.3 Maximum school district allowance for school security grants

(a) Approved grants for school security projects will fund 100 percent of total eligible project costs up to the maximum school district allowance.

(b) The maximum school district allowance shall be based on the number of students in grades kindergarten through 12 in the school district as reported on the Application for State School Aid (ASSA), and their grade levels, multiplied by the square feet per student factors prescribed in the Facilities Efficiency Standards (FES), multiplied by a funding multiplier as determined by the Commissioner based on the total funds for school security projects set forth in the Act.

(c) If the final cost of the school district's proposed school security projects exceeds the amount in its application pursuant to N.J.A.C. 6A:23A-4.2, the school district may revise its application to reduce the project's scope of work or identify local funds for the excess cost, as long as the project still conforms with this subchapter. Any modification to the project pursuant to this subsection shall be memorialized in an addendum to the grant agreement.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

N.J. Admin. Code § 6A:26A-4.4 Eligible expenditures for school security grants

(a) Grants awarded pursuant to this subchapter to comply with Alyssa's Law shall meet the requirements set forth at N.J.A.C. 19:32A.

(b) Requests for reimbursement of costs to comply with Alyssa's Law incurred before the effective date of Alyssa's Law shall be eligible for funding, as long as they were incurred after January 1, 2016, and comply with this subchapter.

(c) The following proposed school security projects for work pursuant to N.J.S.A. 18A:7G-5.2shall be eligible for grant funding:

Bollards or other barriers impact rated for vehicles along the roadway or curb line in front of the school to prevent vehicles from gaining access to exterior walls, entrances, and areas of mass gatherings, such as courtyards;
Lighting around buildings and parking lots;
Surveillance cameras;
Signage;
A secure vestibule with interior doors and an access control system with remote unlocking features, intercom, fixed cameras, and bullet resistant glazing at the school's main entrance not in excess of 300 square feet;

Access control systems that allow for remote locking and unlocking of all building access doors;

Keyless locking mechanism on interior doors to spaces serving as safe havens during lockdowns;
Ballistic or shatter resistant film on glass entrance door sidelights and other vulnerable first floor areas; and
Dedicated servers and emergency generators for security systems.

(d) The following expenditures are ineligible for school security grant funding:

Expenditures that do not comply with N.J.A.C. 6A:26A-4.1(b);

Expenditures at leased facilities, except where:

i. The lessor is a public entity, such as a school district or county college;

ii. The term of the lease agreement is for a minimum of five years, with an end date no earlier than June 30, 2024; and

iii. The school district is authorized to make the improvements represented in the grant application;

Expenditures at school buildings that do not serve students in any combination of grades kindergarten through 12;

Expenditures pursuant to N.J.S.A. 18A:7G-5.2without a demonstration of compliance with Alyssa's Law;
New construction for security vestibules in excess of 300 square feet;

School security audits, safety assessments, or security monitoring fees; and

Expenditures to complete the grant application.

History

Adopted by 52 N.J.R. 694(a), effective 4/6/2020

Chapter 27 STUDENT TRANSPORTATION

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:27-1.1 Purpose and scope

(a) This chapter sets forth the rules governing the transportation of students to and from school and school-related activities. This chapter also contains rules governing contracts for student transportation and the rules delineating the Department's responsibilities in its oversight of student transportation.

(b) This chapter's purpose is to ensure the safe and efficient transportation of students to and from school and school-related activities.

History

New Rule, R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Former N.J.A.C. 6A:27-1.1, Authority, recodified to N.J.A.C. 6A:27-1.3.

N.J. Admin. Code § 6A:27-1.2 District board of education responsibilities

(a) As used in this chapter, the term "district board(s) of education" shall refer to both district boards of education and coordinated transportation services agencies (CTSAs).

(b) District boards of education shall provide transportation pursuant to N.J.S.A. 18A:39-1 et seq., and shall adopt policies and procedures governing the transportation of students to and from school and school-related activities.

(c) District boards of education shall adopt policies to ensure that all transportation provided to resident students is done in compliance with all State and Federal laws and regulations.

(d) District boards of education providing transportation services shall be responsible for the suspension of transportation services due to inclement weather or other conditions.

History

New Rule, R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Former N.J.A.C. 6A:27-1.2, Students who shall be transported, recodified to N.J.A.C. 6A:27-1.4.

N.J. Admin. Code § 6A:27-1.3 Students who shall be transported

(a) District boards of education shall provide transportation to public school students who reside remote from their assigned school of attendance, nonpublic school students who reside remote from their school of attendance and meet the eligibility criteria of N.J.A.C. 6A:27-2.2, and students with disabilities who reside remote from their assigned school or who require transportation services in accordance with their individualized education program (IEP). District boards of education that receive State aid for preschool programs according to N.J.S.A. 18A:7F-54 shall also provide transportation to preschool students who live remote from their school of attendance.

For the purpose of determining eligibility for student transportation:

i. "Remote" shall mean beyond two and one-half miles for high school students (grades nine through 12) and beyond two miles for elementary school students (preschool through grade eight).

ii. Distance shall be measured using the shortest route along public roadways or public walkways between the entrance of the student's residence nearest the public roadway or public walkway and the nearest public entrance of the school the student attends.

(b) Pursuant to N.J.S.A. 18A:39-1c, transportation need not be provided if a student's parent (s) or legal guardian(s) signs a written statement waiving transportation services for the school year.

District boards of education shall develop a policy for the provision of transportation services to the student in the case of a family or economic hardship, and may develop guidelines and procedures for parental waivers of transportation services.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
In (a), inserted "(CTSA)" following "agencies".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Added new (c); and recodified former (c) as (d).
Recodified from N.J.A.C. 6A:27-1.1 and amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote (d). Former N.J.A.C. 6A:27-1.3, Students who may be transported, recodified to N.J.A.C. 6A:27-1.5.

N.J. Admin. Code § 6A:27-1.4 Students who may be transported

(a) District boards of education may provide for the transportation of students who reside less than remote from their school in accordance with district board of education policies and at the school district's expense.

District boards of education may elect to charge the parent or legal guardian for all or part of the cost of this service in accordance with N.J.S.A. 18A:39-1.3.

(b) District boards of education that provide for the transportation of students pursuant to N.J. S.A. N.J.S.A. 18A:39-1 or a cooperative transportation services agency (CTSA) may provide for the transportation of resident and nonresident students who are not otherwise eligible for transportation services and charge the parent or legal guardian for all or part of the cost of this transportation in accordance with N.J.S.A. 18A:39-1.3.

The parent(s) or legal guardian(s) of a nonpublic school student who receives aid in lieu of transportation from their resident district board of education may purchase transportation services from another district board of education or CTSA.

(c) Whenever a district board of education agrees to provide nonmandated transportation to and from school for reasons of hazard, the district board of education shall adopt a hazardous busing policy in accordance with N.J.S.A. 18A:39-1.5.

(d) When a parent or legal guardian elects to have transportation provided for his or her child pursuant to N.J.S.A. 18A:39-1.7, the district board of education or CTSA may elect to charge the parent or legal guardian for all or part of the cost. However, the cost of the transportation paid by a parent or legal guardian shall be no more than the per student cost of the route and shall be paid at the time and in the manner determined by the district board of education or CTSA pursuant to district board of education policy.

(e) Municipal governments may elect to pay the cost of transportation for students who live less than remote from their school through an interlocal agreement with the district board of education in accordance with N.J.S.A. 18A:39-1.2. Municipal governments may elect to charge parents or legal guardians of students transported as part of the interlocal agreement for all or part of the cost of this service.

(f) Students who are unable to pay because of financial hardship shall not be excluded from receiving services described under this section. The criteria used to determine financial hardship shall be the same as the Statewide income eligibility standards established for free and reduced-price meals under the State school lunch program.

(g) District boards of education shall notify the Department on the Commissioner-prescribed form when transportation is provided for students pursuant to this section.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a)2, substituted "between" for "from," and substituted "and" for "to".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In the introductory paragraph of (a), inserted the last sentence.
Recodified from N.J.A.C. 6A:27-1.2 and amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a), substituted "individualized education program" for "Individualized Education Program" and "either are" for "are either"; and added (b). Former N.J.A.C. 6A:27-1.4, Passengers, recodified to N.J.A.C. 6A:27-1.6.

N.J. Admin. Code § 6A:27-1.5 Passengers

A district board of education shall ensure that only enrolled eligible public school students, eligible private school students, adults serving as chaperones, or authorized school personnel are transported.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
Rewrote the section.
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Added new (c); and recodified former (c) through (f) as (d) through (g).
Recodified from N.J.A.C. 6A:27-1.3 and amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (b), substituted "that" for "who, and inserted "(CTSA)"; in (b)1, substituted "CTSA" for "coordinated transportation services agency (CTSA)"; in (d), substituted the second occurrence of "or" for "and a", and deleted "of this service" from the end of the first sentence; in (f), rewrote the first sentence; and in (g), deleted "of Education," following "Department", and substituted "Commissioner-prescribed form" for "form prescribed by the Commissioner,". Former N.J.A.C. 6A:27-1.5, Insurance, recodified to N.J.A.C. 6A:27-1.7.

N.J. Admin. Code § 6A:27-1.6 Insurance

(a) Anyone providing for the transportation of a student(s) to and from school or school-related activities, or subcontracting to provide the services, shall furnish automobile liability insurance for bodily injury and property damage in a minimum amount of $ 1,000,000 combined single limit per occurrence for all vehicles used for this purpose.

(b) Insurance shall be obtained through a company authorized to issue insurance in New Jersey. The certificate of insurance shall name the resident district board(s) of education and any coordinated transportation services agency providing transportation services as an additional insured party to the policy. The certificate of insurance also shall name as an additional insured party to the policy the resident district boards(s) of education for which another district board of education or agency provides transportation.

Parents or legal guardians transporting only their own child/children shall provide to the resident district board of education a copy of the certificate of automobile liability insurance or the insurance declaration page and shall be exempt from naming the district board of education as an additional insured party to the policy.

(c) Self-insured transportation contractors and district boards of education as provided in N.J.S.A. 48:4-12 and 13 shall file with the executive county superintendent a certificate of self-insurance.

(d) Policies or certificates of insurance shall accompany all contracts or contract renewals when submitted to the executive county superintendent for approval.

(e) Policies or certificates of insurance shall be submitted to the district board of education and the executive county superintendent whenever policies are amended, revised, or renewed.

(f) Whenever a policy is cancelled, the insured shall notify the district board of education, all additionally insured parties to the policy, and the executive county superintendent within 48 hours of the insured's receipt of the cancellation notice and before the cancellation takes effect.

History

Recodified from N.J.A.C. 6A:27-1.4 by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).

N.J. Admin. Code § 6A:27-1.7 Reserved

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a), added "automobile" preceding "liability", in (b), rewrote the introductory paragraph and paragraph 1.
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), inserted "or subcontracting to provide these service"; in (c), (d) and (e), substituted "Executive County Superintendent of Schools" for "county superintendent of schools"; and added (f).
Recodified from N.J.A.C. 6A:27-1.5 and amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a), substituted the second occurrence of "the" for "these", and deleted "which are" following "vehicles"; in the introductory paragraph of (b), substituted "The" for "In addition, the" and "provides" for "is providing", and deleted a comma following the second occurrence of "name" and following the second occurrence of "policy"; in (b)1, substituted "child/children" for "child or children"; in (c), inserted "with the executive county superintendent", and deleted "with the Executive County Superintendent of Schools" from the end; in (d), (e), and (f), substituted "executive county superintendent" for "Executive County Superintendent of Schools"; and in (f), inserted "the insured's", and substituted "cancellation notice" for "notification of the cancellation by the insured,".
Petition for Rulemaking.
See: 52 N.J.R. 806(a), 1217(a).

Subchapter 2 NONPUBLIC SCHOOL TRANSPORTATION

N.J. Admin. Code § 6A:27-2.1 General provisions

(a) District boards of education shall provide nonpublic school transportation or aid in lieu of transportation in accordance with N.J.S.A. 18A:39-1 et seq.

(b) District boards of education shall advertise and receive bids for nonpublic school transportation before a determination is made to provide transportation or aid in lieu of transportation.

The resident district board of education is not required to bid for nonpublic school services when transportation is provided utilizing a district-owned vehicle, public transportation, a renewal of an existing contract qualifying for renewal under N.J.S.A. 18A:39-3, or an agreement with another district board of education.

Resident district boards of education that paid aid in lieu of transportation in the prior year, or have determined they cannot provide transportation for the ensuing school year, shall attempt to utilize one of the coordinated transportation services agencies (CTSAs) before paying aid in lieu of transportation.

A resident district board of education that bids or coordinates nonpublic school transportation services with another district board of education shall consider the following criteria prior to determining the method of providing transportation services. The resident district board of education may also use additional criteria.

i. There are an adequate number of resident students attending the nonpublic school(s) to support a bus route.

ii. The location of the nonpublic school is within the school district or regional school district.

iii. Tiered routes can be designed to include public and nonpublic schools. A tiered route shall mean the utilization of a single vehicle to service more than one route.

iv. Routes can be designed to transport public and nonpublic school students on the same bus.

v. Routes can be designed to service multiple nonpublic school destinations.

vi. The route can be designed according to district board of education policy regarding length of time.

The resident district board of education is not required to bid for nonpublic school services when another district board of education has bid on the resident board's behalf.

(c) The Department will publish on its website the following Commissioner-prescribed forms: a Nonpublic School Transportation Application, Nonpublic School Transportation Payment Voucher, and Nonpublic School Transportation Certification. The Department will update the application, voucher, and certification as necessary.

(d) The resident district board of education is not required to pay aid in lieu of transportation when the parent(s) or legal guardian(s) of a nonpublic school student returns a signed Nonpublic School Transportation Payment Voucher after the end of the fiscal year.

(e) The resident district board of education shall not expend more than the maximum per student expenditure for nonpublic school transportation in accordance with N.J.S.A. 18A:39-1.

The calculation of the maximum per student expenditure shall not include any administrative fee charged by a CTSA.

(f) Transportation for nonpublic school students shall be provided Monday through Friday between September 1 and June 30 when the non-profit nonpublic school is in session.

(g) Nonpublic school administrators shall submit all Nonpublic School Transportation Applications to the resident district board of education no later than March 15. Eligible students shall receive transportation or aid in lieu of transportation based upon the date the resident district board of education receives the Nonpublic School Transportation Applications.

(h) The payment of aid in lieu of transportation may be adjusted when the Nonpublic School Transportation Application is received after the start of the nonpublic school's year, or when the student withdraws from the nonpublic school before the close of the school year.

History

Modified by Executive Order No. 103(2020) 52 N.J.R. 1362(a), effective 6/17/2020

N.J. Admin. Code § 6A:27-2.2 Eligibility requirements

(a) Elementary and secondary nonpublic school students must reside remote from their nonpublic school to be eligible for transportation services.

(b) Only resident district boards of education that provide transportation to remote public school students attending public school programs other than vocational, special education, or other specialized programs shall be required to provide transportation services to eligible nonpublic school students.

(c) The nonpublic school shall be located within the State not more than 20 miles from the student's home, and shall not be operated for profit in whole or in part.

A county of the third class is defined as a county that does not border the Atlantic Ocean and has a population between 50,000 and 200,000. If a school district is located in a county of the third class with a population of between 80,000 and 120,000, based on the last U.S. Decennial Census, transportation services shall be provided to a nonpublic school located outside the State not more than 20 miles from the student's home.

Students living more than 20 miles from their nonpublic school are eligible for transportation services when other remote students living in their municipality, but whose residences are less than 20 miles from the school, are transported to the same school. Students who live more than 20 miles from their nonpublic school and who reside in a regional or consolidated school district composed of only two constituent municipalities shall also be eligible for transportation services when other remote students living in either municipality are transported or the parents of other remote students living in either municipality receive aid in lieu of transportation. District boards of education may require students living more than 20 miles from the school to utilize existing school bus routes and stops established for students living within 20 miles of the school.

(d) All nonpublic school students eligible for transportation or aid in lieu of transportation shall be enrolled in kindergarten through grade 12. Nonpublic school students shall meet the entrance age requirement for the public school students of their resident district board of education in accordance with N.J.S.A. 18A:38-5 and 18A:44-2 to be eligible for transportation services.

(e) Expenditures for nonpublic school transportation shall be limited to the annual maximum statutorily established amount per student in accordance with N.J.S.A. 18A:39-1. If the cost of transportation to the nonpublic school exceeds this amount, the resident district board of education shall not provide transportation but instead shall pay aid in lieu of transportation to the student's parents or legal guardians.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
Rewrote c(2).
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In paragraph (c)1, added "school" preceding "district".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (b), substituted "that" for "which"; in (c)1, substituted "between" for "not less than" and deleted "not more than" preceding "120,000,"; in (c)2, deleted a comma following "municipalities"; and in (e), rewrote the second sentence.

N.J. Admin. Code § 6A:27-2.3 Responsibilities of the resident district board of education

(a) The resident district board of education shall document receipt of Nonpublic School Transportation Applications and shall determine students' eligibility for transportation.

(b) The resident district board of education shall notify by August 1 of each year the nonpublic school student's parent(s) or legal guardian(s) and the nonpublic school administrator as to the determination of each Nonpublic School Transportation Application.

(c) The resident district board of education shall prepare the Nonpublic School Transportation Certification form and shall submit it to the nonpublic school administrator in January and May for certification of each respective semester.

(d) The resident district board of education shall evaluate the certified January and May Nonpublic School Transportation Certification form and, if approved by the resident district board of education, shall continue to provide transportation services. The resident district board of education shall send the Nonpublic School Transportation Payment Voucher for completion and signature to all parents or legal guardians of eligible students who are eligible to receive first and second semester aid in lieu of transportation payments. The resident district board of education shall pay aid in lieu of transportation to a student's parents or legal guardians only after receipt of the completed voucher signed by the student's parents or legal guardians.

(e) A resident district board of education shall consult with the nonpublic school administrator prior to designing bus routes and in sufficient time to advertise for bids, when a request is made by a nonpublic school administrator for such consultation.

(f) A resident district board of education shall provide to the executive county superintendent, upon request, documentation that the criteria for bidding pursuant to N.J.A.C. 6A:27-2.1(b)3 has been utilized.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
Added (f) and (g).
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Deleted former (a); recodified former (b) through (g) as (a) through (f); and in (f), inserted "Executive".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Section was "Responsibilities of the district board of education". Rewrote (b), (c), and (d); and in (f), substituted "executive county superintendent" for "Executive County Superintendent of Schools".

N.J. Admin. Code § 6A:27-2.4 Responsibilities of the nonpublic school administrator

(a) The nonpublic school administrator shall obtain from the Department's website the application forms and procedures for nonpublic school transportation.

(b) The nonpublic school administrator shall distribute the Nonpublic School Transportation Applications to the parents or legal guardians of students upon a child's registration in the nonpublic school, on an annual basis, and whenever a student has a change of address.

(c) The nonpublic school administrator shall annually collect the Nonpublic School Transportation Application from the students' parents or legal guardians. The administrator also shall submit the completed applications to the students' resident district boards of education within 30 days of the students' registration in the nonpublic school or by March 15 of the school year preceding the school year in which transportation is to be provided.

The nonpublic school administrator shall ensure the accuracy of the information contained in the application, except for the one-way mileage from a student's home to the nonpublic school.

(d) The nonpublic school administrator shall submit the school calendar to the resident district board(s) of education responsible for providing transportation services by May 15 of the school year preceding the school year for which transportation is being requested.

(e) The nonpublic school administrator shall certify that the named students were enrolled for the first and second semesters of the academic year using the Nonpublic School Transportation Certification. The nonpublic school administrator shall return the Nonpublic School Transportation Certification to the resident district board(s) of education at the time and in the manner prescribed by the resident district board(s) of education.

(f) The nonpublic school administrator shall immediately notify in writing the resident district board of education when a student eligible for transportation or aid in lieu of transportation has a change in address or withdraws from the nonpublic school. Whenever a student has a change in address, a new Nonpublic School Transportation Application shall also be submitted to the resident district board of education.

(g) The nonpublic school administrator shall immediately notify in writing the resident district board(s) of education when there is a change in the school location.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (b), added ", and whenever the student has a change of address." following "nonpublic school"; in (c), added the last sentence; in (f), added "in writing" following "education"; and added (g).
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), inserted "and procedures" and substituted "New Jersey Department of Education website" for "district board of education in which the nonpublic school is located"; in the introductory paragraph of (c), deleted the last sentence; added (c)1; and in (f), inserted the last sentence.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-2.5 Responsibilities of the parents or legal guardians of nonpublic school students

(a) The parents or legal guardians annually shall submit a completed Nonpublic School Transportation Application to the nonpublic school administrator by March 10 preceding the school year for which transportation is being requested or at the time of registration in the nonpublic school if registration is after March 10.

An eligible student shall receive transportation or aid in lieu of transportation based upon the date the application is received by the resident district board of education.
A new application shall be completed and submitted to the nonpublic school whenever the student has a change of address.

(b) Upon request of the resident district board of education, parents or legal guardians eligible to receive aid in lieu of transportation shall complete and sign a Nonpublic School Transportation Payment Voucher and shall submit it to the resident district board of education.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (b), added paragraph 2.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-2.6 Responsibilities of the executive county superintendent

(a) The executive county superintendent shall assist district boards of education and nonpublic school administrators in coordinating the calendars and schedules of the public and nonpublic schools to facilitate the coordination of transportation services.

(b) The executive county superintendent shall arbitrate any dispute(s) between district boards of education and nonpublic school administrators regarding student transportation.

The district board of education or nonpublic school administrator shall submit to the executive county superintendent a written request for arbitration outlining the matter to be arbitrated.

(c) The executive county superintendent shall convene at least once a year a meeting of representatives of all district boards of education and nonpublic school administrators in the county to discuss issues related to student transportation.

History

New Rule, R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Section was "Responsibilities of the County Superintendent of Schools". Inserted "Executive" throughout.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Section was "Responsibilities of the Executive County Superintendent of Schools". Rewrote the section.

Subchapter 3 CHARTER OR RENAISSANCE SCHOOL TRANSPORTATION

N.J. Admin. Code § 6A:27-3.1 General provisions

(a) Transportation or aid in lieu of transportation shall be provided to charter school or renaissance school project students pursuant to N.J.S.A. 18A:39-1 et seq. A charter school shall be considered a public school offering a specialized program as established under N.J.S.A. 18A:36A-1 et seq., the Charter School Program Act of 1995. A renaissance school project shall be considered a public school offering a specialized program as established under N.J.S.A. 18A:36C-1 et seq., the Urban Hope Act.

(b) The resident district board of education shall be responsible for the transportation of students to and from a charter school or renaissance school project. Students who reside less than remote from their charter school or renaissance school project are eligible for transportation in accordance with the policies of the resident district board of education.

(c) Eligible students shall receive transportation or aid in lieu of transportation based upon the date the applications for charter or renaissance school project transportation are received by the resident district boards of education.

(d) Charter school students who reside in the school district in which the charter school is located and renaissance school project students residing within the renaissance school district shall be provided with transportation in the same manner as transportation is provided to other public school students residing within the school district in which the charter school or renaissance school project students reside.

(e) The expenditure for the transportation of charter school students who reside outside of the school district in which the charter school is located shall be limited to the annual nonpublic school maximum statutorily established expenditure per student in accordance with N.J.S.A. 18A:39-1.

(f) Transportation shall be provided to students in accordance with the charter school or renaissance school project calendar.

(g) The executive county superintendent shall arbitrate any disputes regarding student transportation between district boards of education and the lead person of the charter school or renaissance school project.

The district board of education or lead person of the charter school or renaissance school project shall submit to the executive county superintendent a written request for arbitration outlining the matter to be arbitrated.

(h) Charter school or renaissance school projects may use general funds for nonmandated student transportation.

(i) The Department will publish a Commissioner-prescribed Charter School and Renaissance School Project Transportation Application, Charter School Transportation Payment Voucher, and Charter School and Renaissance School Project Certification on its website. The Department will update the application, voucher, and certification, as necessary.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In the first sentence of (b), added "district" preceding "board of education"; in (d), added "school" preceding "district" throughout paragraph; and in (e), added "school" preceding "district".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Added (g).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Inserted "or renaissance" throughout; rewrote (a) and (g); in (c), deleted "of receipt of" following "date"; and added (h).

N.J. Admin. Code § 6A:27-3.2 Eligibility requirements

(a) Charter school students and renaissance school project students residing within the renaissance school district, including preschool students who meet the eligibility requirements defined at N.J.A.C. 6A:27-1.3(a), who reside remote from the charter school or renaissance school project they attend are eligible for transportation services.

(b) Students with disabilities attending a charter school or renaissance school project shall be eligible for transportation services if they meet the distance requirements of (a) above or if transportation is required in the student's individualized education program (IEP).

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), inserted "and preschool students who meet the eligibility requirements defined in N.J.A.C. 6A:27-1.2(a)"; and added (c).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Inserted "or renaissance" throughout; in (a), updated the N.J.A.C. reference; and in (b), deleted a comma following "above" and inserted the second occurrence of "if".

N.J. Admin. Code § 6A:27-3.3 Transportation within the school district

Eligible charter school students who reside in the school district in which the charter school is located and eligible renaissance school project students residing within the renaissance school district shall be provided transportation on the same terms and conditions as transportation is provided to students attending other public schools located within the school district in which the charter school or renaissance school project student resides.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Added "school" preceding "district" throughout paragraph.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Inserted "or renaissance" throughout.

N.J. Admin. Code § 6A:27-3.4 Transportation outside the school district

(a) Eligible charter school students who reside outside of the school district in which the charter school is located shall be provided transportation services within the annual nonpublic school maximum statutorily established expenditure per student in accordance with N.J.S.A. 18A:39-1.

If the cost of transportation exceeds the maximum allowable expenditure, a student's parents or legal guardians may pay the difference between the cost of transportation and the annual maximum or they shall be entitled to the maximum allowable expenditure as aid in lieu of transportation, as set forth in the resident district board of education notification pursuant to N.J.A.C. 6A:27-3.5(c). A student's parents or legal guardians shall notify in writing the resident district board of education of their choice of paying the additional amount or receiving aid in lieu of transportation. A student shall not be transported if his or her parents or legal guardians do not submit to the resident district board of education a written request for transportation services within seven days of receipt of the school district's notice; however, the student's parents or legal guardians shall still be entitled to the annual maximum allowable expenditure in lieu of transportation.

Once a student's parents or legal guardians notify the resident district board of education that they agree to pay the difference between the cost of transportation and the annual maximum statutorily established amount, the parents or legal guardians are no longer entitled to receive aid in lieu of transportation for that school year.
The payment of aid in lieu of transportation may be adjusted when the Charter School and Renaissance School Project Transportation Application is received by the resident district board of education after the start of the charter school's school year or when the student withdraws from the charter school before the close of the charter school's school year.
Resident district boards of education shall pay to the parents or legal guardians of eligible charter school students aid in lieu of transportation for each half of the academic year. Payment shall be made after the Charter School and Renaissance School Project Certification verifying attendance is submitted by the lead person of the charter school, and the Charter School Transportation Payment Voucher is properly completed and returned by the parents or legal guardians to the resident district boards of education. Resident district boards of education shall not be required to pay aid in lieu of transportation when the payment voucher is received after the close of the fiscal year.

(b) Resident district boards of education shall not be required to bid for transportation services but instead may pay aid in lieu of transportation when the request for transportation is received after the start of the school year.

History

Modified by Executive Order No. 103(2020) 52 N.J.R. 1362(a), effective 6/17/2020

N.J. Admin. Code § 6A:27-3.5 Responsibilities of resident district boards of education

(a) Resident district boards of education shall determine eligibility and provide transportation to eligible charter school or renaissance school project students or aid in lieu of transportation to eligible charter school students.

(b) Resident district boards of education shall establish policies and procedures for the provision of charter school transportation in excess of the maximum statutorily established nonpublic school per student expenditure pursuant to N.J.S.A. 18A:39-1.

(c) By August 1, the resident district board of education shall notify a charter school or renaissance school project student's parents or legal guardians and the lead person of the charter school or renaissance school project regarding the determination of the request for transportation services. If applicable to the student, the resident district board of education's notification shall include:

The option for the parents or legal guardians to pay part of the cost for transportation for the student in order to receive transportation pursuant to N.J.A.C. 6A:27-3.4(a); and
An explanation of the amount of the cost to the parents or legal guardians, including the total cost of transportation, and the annual maximum statutorily established amount pursuant to N.J.S.A. 18A:39-1a.

(d) Resident district boards of education shall submit to the charter school or renaissance school project for January and May the Charter School and Renaissance School Project Certification forms.

(e) Resident district boards of education shall send the Charter School Transportation Payment Voucher to the parents or legal guardians of eligible charter school students for the first and second semester aid in lieu of transportation payments.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (c), added "district" preceding "board of education".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Section was "Responsibilities of district boards of education". Rewrote the section.

N.J. Admin. Code § 6A:27-3.6 Responsibilities of the lead person of the charter school or renaissance school project

(a) The lead person of the charter school or renaissance school project shall notify the district board of education in which each student resides of the need for transportation. Notification shall be given by March 15 preceding the school year in which transportation services are to be provided, or at the time of each student's registration in the charter school or renaissance school project if such registration occurs after March 15. This notification shall be submitted on the Charter School and Renaissance School Project Transportation Application and shall include the student's name, address, grade, one-way mileage from the student's home to the charter school or renaissance school project, and the name of the last school of attendance, if any. The lead person of the charter school or renaissance school project shall ensure the accuracy of the information contained in the application, except for the one-way mileage from the student's home to the charter school or renaissance school project.

(b) The lead person of the charter school or renaissance school project shall submit the school calendar to all district boards of education responsible for providing transportation services for students by May 15 preceding the school year in which transportation is being requested.

(c) In January and May of each year, the lead person of the charter school or renaissance school project shall certify on the Charter School and Renaissance School Project Certification that the students were enrolled for each semester of the academic year. The lead person of the charter school or renaissance school project shall return the certification forms to the district board of education in which each student resides at the time and in the manner prescribed by the district board of education.

(d) The lead person of the charter school or renaissance school project shall immediately notify in writing the resident district board of education when a student eligible for transportation or aid in lieu of transportation has a change in address or withdraws from the charter school or renaissance school project. Whenever a student has a change in address, the lead person of the charter school or renaissance school project shall submit a new Charter School and Renaissance School Project Transportation Application.

(e) The lead person of the charter school or renaissance school project shall immediately notify in writing the district board of education in which each student resides whenever there is a change in the location of the charter school or renaissance school project.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (d), added "in writing" following "immediately notify"; and added (e).
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), inserted the fourth sentence; and in (d), inserted the last sentence.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Section was "Responsibilities of the lead person of the charter school". Rewrote the section.

N.J. Admin. Code § 6A:27-3.7 Responsibilities of the parents or legal guardians of charter school or renaissance school project students

(a) At the time of enrollment in a charter school or renaissance school project and whenever there is a change of address, the parents or legal guardians of a charter school or renaissance school project student shall provide the lead person of the charter school or renaissance school project with the student's name, address, grade, one-way mileage between the student's home and the charter school or renaissance school project, and the name of the last school of attendance, if any.

(b) When a student lives outside of the school district in which the charter school is located, the student's parents or legal guardians shall notify in writing the resident district board of education of their choice of paying the amount in excess of the maximum statutorily established nonpublic school per student expenditure for transportation or receiving aid in lieu of transportation.

A resident district board of education is not required to provide transportation to a charter school student if his or her parents or legal guardians do not submit a written request for transportation services; however, the parents or legal guardians shall still be eligible for the annual maximum statutorily established amount in lieu of transportation.
The student's parents or legal guardians who choose to pay for transportation shall do so in the manner prescribed by the resident district board of education.
The student's parents or legal guardians receiving aid in lieu of transportation shall submit a completed and signed Charter School Transportation Payment Voucher to the resident district board of education at the time and in the manner prescribed by the resident district board of education.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a), added ", and whenever there is a change of address," preceding "it shall be the responsibility", substituted "between" for "from" and substituted "and" for "to" following "student's home".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

Subchapter 4 INTERDISTRICT PUBLIC SCHOOL CHOICE PROGRAM TRANSPORTATION

N.J. Admin. Code § 6A:27-4.1 General provisions

(a) Transportation or aid in lieu of transportation shall be provided for choice program students pursuant to N.J.S.A. 18A:36B-22 and 18A:39-1 et seq. A choice district means as defined at N.J.S.A. 18A:36B-15. The choice district shall be considered a public school district offering a specialized program established under N.J.S.A. 18A:36B-14 et seq., the Interdistrict Public School Choice Program Act. For purposes of this subchapter, the resident district board of education means the district of residence of a choice program student and shall have the same meaning as "sending district" as set forth at N.J.S.A. 18A:36B-15.

(b) The transportation of students to and from a choice district school of attendance shall be the responsibility of the resident district board of education.

(c) The Department will publish a Commissioner-prescribed Choice District Transportation Application, Choice Program Student Transportation Payment Voucher, and Choice District Transportation Certification on its website. The Department will update the application, voucher, and certification, as necessary.

(d) Eligible choice program students shall receive transportation or aid in lieu of transportation based upon the date the choice district submits the Choice District Transportation Application to the resident district boards of education.

The resident district board of education shall pay aid in lieu of transportation for each half of the academic year after the parents or legal guardians of the choice program student submit the Choice Program Transportation Payment Voucher to the resident district board of education.
The resident district board of education shall not be required to pay aid in lieu of transportation when it receives the payment voucher after the close of the fiscal year.

(e) The resident district board of education shall not be responsible for providing transportation services for choice program students residing less than remote or more than 20 miles from the school of attendance.

(f) Transportation shall be provided to choice program students in accordance with the choice district's calendar.

(g) The executive county superintendent shall arbitrate disputes regarding student transportation between resident district boards of education and the choice district's chief school administrator.

The resident district board of education or the choice district's chief school administrator shall submit in writing to the executive county superintendent a request for arbitration outlining the matter to be arbitrated.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (d), substituted "one-half" for "one half".
Amended by R.2011 d.230, effective 9/6/2011.
See: 43 N.J.R. 769(a), 43 N.J.R. 2306(a).
Deleted (a)1 and (a)2; rewrote (b) and (c); in (d), substituted "resident school" for "choice"; and added (e) and (f).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-4.2 Eligibility requirements

(a) Students in kindergarten through grade eight, and preschool students who meet the eligibility requirements defined at N.J.A.C. 6A:27-1.2(a), who reside remote from the choice district school they attend shall be eligible for transportation services provided that the choice district school is not more than 20 miles from the student's residence and the cost of such services does not exceed the annual maximum statutorily established amount per student for nonpublic school transportation.

If the cost of transportation services exceeds the annual maximum statutorily established amount for nonpublic school students as set forth in the resident district board of education notification pursuant to N.J.A.C. 6A:27-4.3(c), the parents or legal guardians may submit to their resident district board of education a written request for transportation to be provided, including agreement to make the payment required pursuant to (a)1i below. The request shall be made within seven days of the parents or legal guardians' receipt of the resident district board of education's notification of eligibility for transportation.

i. If such a request is made, the resident district board of education shall provide transportation services, and the parents or legal guardians of the choice program student shall pay to the resident district board of education the difference between the cost of transportation and the annual established maximum. Parents or legal guardians shall pay this amount in the manner prescribed by the resident district board of education.

ii. The resident district board of education shall not be required to provide transportation to the choice program student if his or her parents or legal guardians do not submit to the resident district board of education a written request for transportation services within seven days of receipt of the resident district board of education's notice of eligibility for transportation; however, the parents or legal guardians shall still be eligible for the annual maximum statutorily established amount in lieu of transportation.

If the resident district board of education provides aid in lieu of transportation to the parents or legal guardians, the amount shall be consistent with the amount established for nonpublic school students at N.J.S.A. 18A:39-1 and payment may be adjusted for late registration or early withdrawal.

(b) To be eligible for transportation services, students with disabilities attending a choice district school shall meet the distance requirements in (a) above or transportation must be a requirement of the student's individualized education program.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Rewrote (a).
Amended by R.2011 d.230, effective 9/6/2011.
See: 43 N.J.R. 769(a), 43 N.J.R. 2306(a).
In the introductory paragraph of (a), inserted ", and provided that the choice school is not more than 20 miles from the student's residence,"; and added (a)1 and (a)2.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote (a), (a)2, and (b).

N.J. Admin. Code § 6A:27-4.3 Responsibilities of resident district boards of education

(a) The resident district board of education of the choice program student shall determine eligibility and provide transportation or aid in lieu of transportation to eligible choice program students.

(b) The resident district boards of education shall establish policies and procedures for the provision of choice program transportation in excess of the maximum statutorily established nonpublic school per student expenditure pursuant to N.J.S.A. 18A:39-1.

(c) By August 1, the resident district board of education shall notify the choice program student's parents or legal guardians and the choice district's chief school administrator regarding the determination of the request for transportation services. If applicable to the student, the resident district board of education's notification shall include:

The option for the parents or legal guardians to pay part of the cost for transportation for the student in order to receive transportation pursuant to N.J.A.C. 6A:27-4.2(a); and
An explanation of the amount of the cost to the parents or legal guardians, including the total cost of transportation, and the annual maximum statutorily established amount pursuant to N.J.S.A. 18A:39-1a.

(d) Resident district boards of education shall submit to the choice district the Choice District Transportation Certification for the January and May certifications.

(e) Resident district boards of education shall send to eligible choice program student's parents or legal guardians the Choice Program Student Transportation Payment Voucher for the first and second semester aid in lieu of transportation payments.

History

New Rule, R.2011 d.230, effective 9/6/2011.
See: 43 N.J.R. 769(a), 43 N.J.R. 2306(a).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote (c), (d), and (e).

N.J. Admin. Code § 6A:27-4.4 Responsibilities of the chief school administrator of the choice district

(a) The choice district's chief school administrator shall notify the resident district board of education of the need for transportation. Notification shall be given by March 15 preceding the school year in which transportation services are to be provided, or at the time of each student's registration in the choice district school if such registration occurs after March 15. Notification shall be submitted on the Choice District Transportation Application, and shall include the student's name, address, grade, one-way mileage from the student's home to the choice district school, and the name of the last school of attendance, if any. The choice district's chief school administrator shall ensure the accuracy of the information contained in the application, except for the one-way mileage from the student's home to the choice district school.

The choice district's chief school administrator shall obtain the Choice District Transportation Application from the Department's website.

(b) The choice district's chief school administrator shall submit the school calendar to all district boards of education responsible for providing transportation services for choice program students by May 15 preceding the school year in which transportation is being requested.

(c) In January and May of each year, using the Choice District Transportation Certification, the choice district's chief school administrator shall certify that the choice program students were enrolled for each semester of the academic year. The choice district's chief school administrator shall return the certification forms to the district board of education in which each student resides at the time and in the manner prescribed by the resident district board of education.

(d) The choice district's chief school administrator shall immediately notify in writing the resident district board of education when a student eligible for transportation or aid in lieu of transportation has a change in address or withdraws from the choice district school. Whenever a student has a change in address, the choice district's chief school administrator shall submit a new Choice District Transportation Application.

(e) The choice district's chief school administrator shall immediately notify in writing the resident district board of education whenever there is a change in the location of the choice district school of attendance.

History

New Rule, R.2011 d.230, effective 9/6/2011.
See: 43 N.J.R. 769(a), 43 N.J.R. 2306(a).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-4.5 Responsibilities of parents or legal guardians of choice program students

(a) At the time of enrollment in a choice district, and whenever there is a change of address, the choice program student's parents or legal guardians shall provide the choice district's chief school administrator with the student's name, address, grade, one-way mileage between the student's home and the choice district school of attendance, and the name of the last school of attendance, if any.

(b) When the cost of transportation services to the choice district school of attendance exceeds the annual maximum statutorily established amount for nonpublic school students, the choice program student's parents or legal guardians shall notify in writing the resident district board of education of their choice of paying the difference between the cost of transportation and the maximum statutorily established nonpublic school per student expenditure or receiving aid in lieu of transportation.

The resident district board of education shall not be responsible for providing transportation to the choice program student if his or her parents or legal guardians do not submit a written request for transportation services; however, the parents or legal guardians shall still be eligible for the annual maximum statutorily established amount in lieu of transportation.
The choice program student's parents or legal guardians who choose to pay for transportation shall do so at the time and in the manner prescribed by the resident district board of education.
The choice program student's parents or legal guardians receiving aid in lieu of transportation shall submit a completed and signed Choice Program Student Transportation Payment Voucher to the resident district board of education at the time and in the manner prescribed by the resident district board of education.

History

New Rule, R.2011 d.230, effective 9/6/2011.
See: 43 N.J.R. 769(a), 43 N.J.R. 2306(a).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Section was "Responsibilities of the parents or legal guardians". Rewrote the section.

Subchapter 5 TRANSPORTATION OF STUDENTS WITH DISABILITIES

N.J. Admin. Code § 6A:27-5.1 Students with disabilities

(a) Students with disabilities who have been determined to be eligible for special education and related services pursuant to N.J.A.C. 6A:14-3.5 or 3.6 shall be provided with transportation in accordance with N.J.S.A. 18A:39-1 et seq., and with their individualized education program (IEP).

The district board of education shall provide transportation as required in the IEP. Such services may include, but are not limited to, special transportation equipment, transportation aides, and special arrangements for other assistance to and from school.

When an out-of-district placement for educational reasons is made by a resident district board of education, transportation shall be provided consistent with the school calendar of the receiving school. The receiving school shall submit a copy of the school calendar to the resident district board of education by May 15 preceding the year in which transportation is required, or at the time of placement if it occurs after May 15.
When necessary, the student's case manager shall provide the transportation coordinator and the bus driver with specific information including safety concerns, mode of communication, and health and behavioral characteristics of a student for whom transportation services are to be provided.
Students with disabilities below the age of five shall be transported in vehicles equipped with safety belts or other child restraint systems.

(b) The expenditure of the resident district board of education for the transportation of eligible charter school students with disabilities who reside outside the district in which the charter school is located and eligible choice program students with disabilities shall not exceed the maximum per student expenditure for nonpublic school transportation in accordance with N.J. S.A. 18A:39-1.

If the cost of transportation exceeds the maximum allowable expenditure, the charter school or choice district shall pay the amount in excess of the annual maximum expenditure.
Under no circumstances shall the parent or guardian of the student with disabilities be responsible for payment of the cost of transportation services required by the student's IEP.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a)2, inserted the last sentence.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), deleted "in accordance" following "and"; in (a)1, inserted a comma following "aides", and deleted "the" preceding "school"; in (a)2, substituted "if it" for ", if placement"; and in (a)3, substituted "for whom transportation services are to be provided" for "assigned".

N.J. Admin. Code § 6A:27-5.2 Marie H. Katzenbach School for the Deaf

(a) A district board of education shall be required to furnish transportation Monday through Friday to and from the Marie H. Katzenbach School for the Deaf (Katzenbach School) for nonboarding (nonresidential) students in accordance with N.J.S.A. 18A:39-1 et seq.

(b) The Katzenbach School shall develop a general plan of transportation for residential students that includes the following:

A determination of regional pick-up and drop-off sites and times;
Transportation of students between the school and the established regional sites; and
The assignment of an adult monitor to each bus.

(c) District boards of education shall be responsible for the transportation of residential students between established regional sites and the student's home in accordance with this subchapter.

History

Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Section was "Katzenbach School". In (a), deleted "daily" following "furnish", and inserted "Marie H." and "for the Deaf (Katzenbach School)"; in the introductory paragraph of (b), substituted "that" for "which"; and in (c), substituted "this subchapter" for "N.J.A.C. 6A:14-3.9(a)7".

Subchapter 6 OTHER SPECIAL POPULATIONS

N.J. Admin. Code § 6A:27-6.1 General provisions

Students governed by this subchapter shall be provided with transportation in accordance with N.J.S.A. 18A:39-1 et seq.

N.J. Admin. Code § 6A:27-6.2 Homeless students

(a) When a homeless child attends a school in a school district other than his or her district of residence, the school district in which the child is enrolled shall provide transportation services and the district of residence shall pay for any transportation costs incurred by the transporting school district.

When a homeless student is deemed domiciled in a school district pursuant to N.J.S.A. 18A:38-1.d, that school district shall become responsible for the cost of that student's transportation.

(b) When a homeless child attends school in his or her district of residence, the district of residence shall provide transportation services.

(c) When a homeless child attends school in his or her district of residence while temporarily residing in another school district, the district of residence shall provide for transportation to and from school.

(d) When a district of residence cannot be determined and the State has assumed fiscal responsibility for the payment of tuition, the school district where the homeless child is enrolled shall provide transportation.

(e) In implementing the transportation services required for a homeless child, district boards of education shall explore alternatives and provide the most economical and safest mode of transportation.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a), added "school" preceding "district other", "district in which", and "district."; added (b); recodified former (b)-(d) as (c)-(e); in (c), added "school" preceding "district,"; and in (d), added "school" preceding "district where".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a) through (c), substituted "his or her" for "the" throughout; and in (a), substituted "the transporting" for "that".

N.J. Admin. Code § 6A:27-6.3 Students residing in group homes

Transportation for students living in group homes shall be the responsibility of the resident district board of education. The resident district board of education shall be determined in accordance with N.J.S.A. 18A:7B-12.

N.J. Admin. Code § 6A:27-6.4 Students residing in resource family homes

(a) Transportation for students placed in a resource family home on or prior to September 9, 2010, shall be the responsibility of the resident district board of education in which the resource family home is located and shall follow the requirements of N.J.S.A. 18A:39-1 et seq.

(b) For students removed from the custody of their parent or legal guardian and placed in a resource family home or moved from placement in one resource family home to another after September 9, 2010:

The student's school district of residence is the school district in which the student's parent or legal guardian was living at the time of the student's placement;
When a student is placed in a resource family home that is located within the student's school district of residence, the school district of residence shall provide transportation services beginning on the sixth school day after the school district of residence receives the Educational Stability School District Notification generated by the New Jersey Department of Children and Families, Division of Child Protection and Permanency (DCP&P) pursuant to N.J.S.A. 30:4C-26b. h; and
When a student is placed in a resource family home that is located outside of the student's school district of residence, the school district in which the resource family home is located shall arrange for transportation services in consultation with the school district of residence beginning on the sixth school day after the school district of residence receives the Educational Stability School District Notification generated by DCP&P pursuant to N.J.S.A. 30:4C-26b.h. The school district of residence shall be responsible for the cost of transportation.

History

Amended by R.2011 d.230, effective 9/6/2011.
See: 43 N.J.R. 769(a), 43 N.J.R. 2306(a).
Section was "Students residing in foster homes". Inserted designation (a); in (a), substituted "placed in a resource family home on or prior to September 9, 2010" for "living in foster homes" and the second occurrence of "resource family" for the second occurrence of "foster"; and added (b).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a), inserted "and shall follow the requirements of N.J.S.A. 18A:39-1 et seq"; in the introductory paragraph of (b), deleted "students" preceding "moved" and "resource family home" following "another"; in (b)1 through (b)3, inserted "school" throughout; and in (b)3, deleted "the" preceding the second occurrence of "transportation".

N.J. Admin. Code § 6A:27-6.5 Students residing in shared custody homes

(a) Transportation for students living in shared custody homes shall be the responsibility of the resident district board of education.

(b) Resident district boards of education shall be responsible for transportation of a student living in shared custody homes from only one residence within the school district.

(c) The resident district board of education shall be determined in the same manner as prescribed by N.J.A.C. 6A:22-3.1 whether the student's parents or legal guardians are domiciled within different homes in the same school district or in different school districts.

History

New Rule, R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (b), substituted the first occurrence of "in" for "within", and inserted the second occurrence of "in".

Subchapter 7 VEHICLE USE AND STANDARDS

N.J. Admin. Code § 6A:27-7.1 General provisions

(a) Vehicles used to transport students to and from school or school-related activities shall meet the vehicle standards, registration, and inspection requirements of the New Jersey Motor Vehicle Commission (NJMVC). The vehicles shall be systematically inspected twice each year and shall display a current vehicle inspection sticker authorizing the vehicle for school use.

A vehicle that is being used as a common carrier on a preset franchised route and schedule, or is chartered for school-related activities, is exempt from the requirement to have authorization for school use on the vehicle inspection sticker, as long as the vehicle displays a current certificate indicating that the vehicle was inspected by the NJMVC's Commercial Bus Unit.

(b) District boards of education and all other owners of school vehicles shall consult and comply with all Federal and State statutes and regulations governing school transportation vehicles and all NJMVC regulations pertaining to school transportation.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a), substituted "Motor Vehicle Commission" for "Department of Transportation".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a)1, inserted ", and displays a current certificate indicating that the vehicle was inspected by the New Jersey Motor Vehicle Commission's Commercial Bus Unit".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), inserted "(NJMVC)" and the third occurrence of "shall", and substituted "The" for "These"; in (a)1, substituted "NJMVC's" for "New Jersey Motor Vehicle Commission's"; and added (b) and (c).

N.J. Admin. Code § 6A:27-7.2 Capacity

(a) The number of students assigned to a seat shall not exceed the gross seating length in inches divided by 15. The maximum number of students who may be transported in each vehicle shall be determined by this seat measurement. Application of this formula shall not result in the use of a school vehicle with a seating capacity in excess of 54.

(b) There shall be no standees.

(c) This section shall not apply to a bus that is being used as a common carrier on a preset franchised route and schedule or is chartered for school-related activities.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Deleted (a)1.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (c), substituted "that" for "which".

N.J. Admin. Code § 6A:27-7.3 Retirement of school buses

School buses shall be retired in accordance with N.J.S.A. 39:3B-5.1 and 5.2.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a), substituted "New Jersey Motor Vehicle Commission" for "Department of Transportation".
Repeal and New Rule, R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Section was "Retirement of school buses".

N.J. Admin. Code § 6A:27-7.4 Small vehicles

(a) A small vehicle is defined as a vehicle that was originally designed by the manufacturer with a seating capacity of 10 or fewer persons, including the driver, and that is used to transport students to and from school or school-related activities.

(b) Small vehicles with a gross vehicle weight rating (GVWR) of less than 3,000 pounds shall not be used for the transportation of students to and from school or school-related activities. The GVWR is the value specified by the manufacturer as the maximum loaded weight of the vehicle.

(c) This section's provisions shall apply to a small vehicle used for the transportation of public school students to and from school and school- related activities and nonpublic school students when services are provided by a district board of education.

History

Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a), substituted "a" for "any" and "that" for "which".

N.J. Admin. Code § 6A:27-7.5 School buses

(a) A school bus is defined as a vehicle originally designed by the manufacturer with a capacity of 11 or more persons, including the driver.

(b) School buses shall comply with all New Jersey Motor Vehicle Commission regulations for the manufacture of school buses.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (b), substituted "Motor Vehicle Commission" for "Department of Transportation".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a), substituted the first occurrence of "a" for "any"; and in (b), substituted "The" for "These".

N.J. Admin. Code § 6A:27-7.6 Transportation to and from school-related activities

Private vehicles with a capacity of eight or fewer passengers may be used for the transportation of students to and from school-related activities, in accordance with policies and regulations adopted by the district board of education. The policies and regulations shall clearly stipulate procedures for the safe transportation of students in private vehicles, including provisions for appropriate and adequate insurance coverage of private vehicles and the approval of activities and drivers.

History

Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Section was "Transportation to and from related school activities". Substituted "school-related" for "related" and "provisions" for "provision".

N.J. Admin. Code § 6A:27-7.7 Parent or legal guardian transporting his or her own child or children

(a) A parent or legal guardian under a negotiated contract with a district board of education to transport only his or her own child or children shall not be required to do the following:

Possess a commercial driver's license;
Use a vehicle registered as a school bus; or

Comply with the health examination prescribed for employees of the district board of education.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Added "a negotiated" preceding "contract".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-7.8 Use of school buses other than to and from school and school-related activities

(a) The following words and terms shall have the prescribed meanings when used in this section unless the context clearly indicates otherwise:

"Contiguous school district" means a school district adjoining and adjacent to another school district and sharing in some part a common boundary within the State. For a regional school district, a contiguous school district shall be an adjoining and adjacent school district that shares in some part a common boundary with the total regional school district.

"Group" means 10 or more persons.

"Senior citizens" means State residents who are 60 years of age or older and their spouses. Spouses of senior citizens may be less than 60 years of age.

(b) The district board of education may permit the use of school buses, owned or leased by the school district, for the purposes in (b)1, 2, and 3 below. Events shall include, but not be limited to, civic, social, cultural, educational, recreational, nutritional, and health programs and activities.

Transporting senior citizens' groups to and from events within the school district or in any contiguous school district;
Transporting disabled citizens in any school district; and
Transporting children and adults participating in a recreation or other program operated by the municipality(ies) in which the school district is located or the municipality in which any constituent school district of a regional school district is located.

(c) The district board of education shall adopt a policy addressing the transportation of the groups in (b) above. The policy shall require groups seeking the use of school buses to pay all or part of any costs incurred by the district board of education in permitting such use. The costs shall include, but not be limited to, fuel, driver salaries, insurance, and depreciation.

(d) The district board of education may approve the use of school buses by the groups, at (b) above. Such use shall not interfere with the transportation of school students.

(e) Buses shall be operated only by a person having a valid commercial driver's license with appropriate endorsement(s) required by the New Jersey Motor Vehicle Commission.

(f) School bus warning lamps shall not be used when transporting the groups at (b) above.

(g) School buses, when used to transport the groups in (b) above, shall load and unload off the public roadway so as not to interfere with traffic.

(h) District boards of education using buses for the transportation of the groups at (b) above shall maintain proof of insurance coverage for such transportation. Insurance coverage shall include liability for bodily injury and property damage in the minimum amount of $ 1,000,000 combined single limit per occurrence for all vehicles used for this purpose.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a) and (b), added "school" preceding "district" throughout; in (e), substituted "Motor Vehicle Commission" for "Department of Transportation".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the introductory paragraph of (a), and (b) and (d); in (a), in definition "Contiguous school district", deleted "of New Jersey" following "State", and substituted "that" for "which", and in definition "Senior citizens", substituted "State residents" for "those people of the State of New Jersey"; in (f) and (g), substituted "the" for "these"; and in (h), substituted the second occurrence of "the" for "these".

N.J. Admin. Code § 6A:27-7.9 Vehicle records

School bus owners shall retain all records of inspection and maintenance reports for the life of the vehicle. Such records shall be available for review by the New Jersey Motor Vehicle Commission.

N.J. Admin. Code § 6A:27-7.10 Contracting for advertisements on school buses

(a) A district board of education may sell advertising space on the exterior of a school bus owned or leased by the district board of education in accordance with this section and N.J.A.C. 6A:27-7.11 and 7.12.

All advertisements shall require the prior approval of the district board of education.
The Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq., shall apply to any contract or agreement entered into by a district board of education for the purpose of placing advertising on school buses owned or leased by the district board of education.
The advertiser will be considered an independent contractor and shall not be deemed to be an agent, servant, employee, or representative of the district board of education.
In the event the advertiser fails to provide service in accordance with the bid specifications and contract for advertisements, the advertiser shall be considered in breach of contract. Cancellation of the advertisement and/or enforcement of advertiser's performance bond may result.
The district board of education reserves the right, at its absolute discretion and at any time, to reject any advertising copy, whether or not the district board of education has previously acknowledged and/or advertised the exact or similar copy.
No advertising space may be used or re-sold by the advertiser for the direct or indirect promotion of any business, organization, or enterprise other than the one defined in the original contract for advertisement.
The advertiser will protect, defend, and save harmless the district board of education from any suits or actions of every nature and description brought against it by reason of the advertisement.

8.Funds generated from the placement of advertisements on the outside of school buses owned or leased by a district board of education shall be limited to the following uses:

i. Fifty percent of the revenue shall be used to offset fuel costs associated with the provision of student transportation services; and

ii. Fifty percent of the revenue shall be used to support any programs or services deemed appropriate by the district board of education.

History

New Rule, R.2012 d.109, effective 6/4/2012.
See: 44 N.J.R. 201(a), 44 N.J.R. 1700(a).

N.J. Admin. Code § 6A:27-7.11 Limitations on content of advertisements on school buses

(a) The district board of education shall not accept advertisements to be displayed or maintained on school buses owned or leased by the district board of education if the advertisement, or information contained in the advertisement:

Is false, misleading, deceptive, disrespectful, fraudulent, or libelous;
Contains material or language that is obscene, profane, vulgar, offensive, or reasonably determined not to be in good taste;
Promotes unlawful or illegal goods, services, or activities;
Promotes gambling, the sale or use of tobacco or tobacco-related products, or the sale or use of alcoholic beverages;
Promotes the sale or use of products designed for use in connection with sexual activity;
Depicts or glamorizes violent or antisocial behavior, or sexual conduct;
Resembles a traffic control device;
Declares or implies an endorsement by the district board of education; or
Is political, religious, issues-related, controversial in nature, or not age appropriate.

(b) The district board of education shall not allow any of its school buses to become a public forum for dissemination, debate, or discussion of public issues.

(c) The district board of education may reject any and all advertising that the district board of education deems to be inappropriate or not in the best interest of the district board of education, the school district, or students.

History

New Rule, R.2012 d.109, effective 6/4/2012.
See: 44 N.J.R. 201(a), 44 N.J.R. 1700(a).

N.J. Admin. Code § 6A:27-7.12 Reporting requirements for advertisements on school buses

(a) District boards of education that permit advertisements on school buses owned by the district board of education shall submit a report to the Commissioner of Education no later than June 30 each year. The report shall include the following information:

The number of district-owned school buses upon which advertising has been placed;
The length of time the advertisements have been on the school buses; and

The total revenue earned by the district board of education as a result of the advertisements.

History

New Rule, R.2012 d.109, effective 6/4/2012.
See: 44 N.J.R. 201(a), 44 N.J.R. 1700(a).

N.J. Admin. Code § 6A:27-7.13 School bus sensor system

(a) The following words and terms shall have the following meanings when used in this section, unless the context clearly indicates otherwise:

"School bus" means as set forth in N.J.S.A. 39:1-1.

"Sensor system" means a system utilizing technology such as, but not limited to, radar, video, sound, or infrared technology that shall be capable of detecting the presence of a person(s) or object(s) as measured by the placement of a 12-inch high by 12-inch diameter cylinder within a minimum area defined as follows:

For vehicles with a GVWR of 10,000 pounds or less, five feet laterally to each side and extending 10 feet frontward from the center of the vehicle's front bumper, and five feet laterally to each side and extending 10 feet rearward from the center of the vehicle's rear bumper; or
For vehicles with a GVWR over 10,000 pounds, 10 feet laterally to each side and extending 10 feet frontward from the center of the vehicle's front bumper, and 10 feet laterally to each side and extending 10 feet rearward from the center of the vehicle's rear bumper.

(b) Every school bus, as defined in this section, manufactured after April 16, 2018, shall be equipped with a sensor system as defined in this section.

This subsection shall not be construed to prohibit the equipping of a school bus with a sensor system to determine the presence of a person(s) or object(s) in the side areas of the school bus, in addition to the front and rear of the bus.

(c) The sensor system shall include an audible and visual alert signal placed in the driver's compartment to alert the driver when a person(s) or object(s) is detected within the sensor's designated area or a video monitor placed in the driver's compartment relaying the image of the sensor's designated area.

The audible alert signal for the sensor shall be a sound that is distinctive from all other audible alert signals on the bus.
The alert signal shall identify for the driver the location near the vehicle in which the person(s) or object(s) is detected, except when a video monitor is used.

(d) The rear sensor system shall activate only and always with the engagement of reverse gear and shall deactivate when the reverse gear is disengaged.

(e) The front sensor system shall activate in any gear other than reverse gear every time any passenger entrance door opens. The front sensor system shall deactivate :

With the engagement of reverse gear ; and
When in any gear other than reverse, after all passenger doors are closed and:

i. The* vehicle has reached a speed of 10 miles per hour; or

ii. Ten seconds have elapsed after closure of the passenger door(s).

History

Adopted by 49 N.J.R. 3429(b), effective 10/16/2017

N.J. Admin. Code § 6A:27-7.14 Mobility assistance vehicles

(a) Any district 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 in a mobility assistance vehicle to and from school or school-related activities, in accordance with N.J.S.A. 18A:39-20.1.

"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.

(b) Such vehicles shall be exempt from all registration, equipment, inspection, and maintenance requirements imposed on the transportation of students by a school bus.

History

Adopted by 53 N.J.R. 163(a), effective 2/1/2021

Subchapter 8 STATE AID

N.J. Admin. Code § 6A:27-8.1 General provisions

(a) District boards of education shall be entitled to State transportation aid for eligible resident public and nonpublic school students in accordance with N.J.S.A. 18A:7F-57.

(b) State aid shall be calculated according to the transportation funding formula and administered in the manner determined by the Commissioner.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Updated the N.J.S.A. reference.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (b), deleted "of Education" from the end; deleted former (c); and recodified former (d) as (c).

N.J. Admin. Code § 6A:27-8.2 School transportation efficiency and corrective action plans

District boards of education shall submit to the Department all data for the calculation of their vehicle utilization rating and shall submit corrective action plans and reports, as necessary, in the manner prescribed by the Commissioner.

History

Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Inserted "to the Department", and deleted "of Education" from the end.

Subchapter 9 CONTRACTING FOR TRANSPORTATION SERVICES

N.J. Admin. Code § 6A:27-9.1 General provisions

(a) District boards of education shall administer student transportation contracts in accordance with this subchapter. District boards of education may assign their transportation contracts to another district board of education upon approval of both district boards of education.

(b) Any contract drawn that fails to meet this subchapter's requirements shall be set aside by the district board of education.

Notwithstanding the executive county superintendent's contract approval, State aid shall be subject to modification by the Commissioner for good cause shown.

(d) All bidding practices shall be designed to prevent fraud, favoritism, and extravagance, to safeguard taxpayers, and to protect the lowest responsible bidder.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), inserted the last sentence; in the introductory paragraph of (c), inserted "Executive"; and in (c)1, substituted "Executive County Superintendent's" for "county superintendent's".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a), deleted "the requirements of" following "with", substituted the second occurrence of "District boards" for "Boards", and inserted "district" twice; in (b), substituted "that" for "which"; in the introductory paragraph of (c), substituted "executive county superintendent" for "Executive County Superintendent of Schools"; and in (c)1, substituted "executive county superintendent's" for "Executive County Superintendent's", and deleted "of Education" following "Commissioner".

N.J. Admin. Code § 6A:27-9.2 Responsibilities of district boards of education

(a) Prior to the opening of school and in sufficient time to publicly advertise for bids, district boards of education shall assess their student transportation needs. If the assessment indicates that student transportation services are anticipated or in the aggregate will exceed the statutory bid limit, except for contracts qualifying for renewal under N.J.S.A. 18A:39-3, all transportation services shall be bid in accordance with N.J.S.A. 18A:39-3.

District boards of education shall assess their school-related activities transportation needs. The transportation shall be bid if the assessment indicates services are anticipated or in the aggregate will exceed the statutory bid limit, except for contracts qualifying for renewal.

The resident district board of education shall not be required to bid for nonpublic school, charter school, and choice program transportation services when the services are provided: utilizing a district-owned vehicle or public transportation; through a renewal of an existing contract qualifying for renewal under N.J.S.A. 18A:39-3; or through an agreement with another district board of education.

(b) District boards of education shall have the option of annually bidding all transportation contracts or awarding annual extensions of existing contracts. No contract for the transportation of students to and from school or school-related activities shall be made when the amount to be paid during the school year for such transportation exceeds the bid threshold limit, unless the district board of education making the contract has first publicly advertised for bids. Such advertisement shall be published once in a newspaper circulating in the school district at least 10 days prior to the date fixed for receiving proposals for the transportation. All bids shall be advertised and shall include the identification number of the bid and the time and place for submission of proposals to the district board of education. No proposal shall be opened prior to the hour designated in the advertisement and none shall be received thereafter. The district board of education or designated official shall unseal bids in the presence of individuals in attendance and shall publicly announce the contents.

(c) District boards of education shall designate a committee, official, or an employee to prepare the specifications for which bid proposals are sought. Prior to the advertisement for bids, a copy of the specifications shall be submitted to the executive county superintendent for review for compliance with this chapter. The specifications and advertisement for bids shall be approved and authorized by formal action of the district board of education.

(d) The officer of the district board of education responsible for distributing specifications to prospective bidders shall maintain separate lists of bidders and of all persons who take copies of the specifications.

(e) If any person operating a school bus under contract with a district board of education fails to comply with any of the rules governing student transportation, the district board of education shall immediately notify such person in writing of his or her failure to comply.

If the violation is repeated, the district board of education may require the violator to show cause at a hearing why his or her failure to comply should not be deemed a breach of contract.
If the district board of education after due notice and hearing determines that a breach of contract exists, the district board of education may call upon the bondsperson or surety company to perform the contract or to reimburse the district board of education for any financial loss resulting from the breach of the contract. The district board of education also may annul the contract.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a), added paragraph 1; in (b), added "or school related activities" following "to and from school", added "school" preceding "district at least 10 days", added "district" following "submission of proposals to the"; rewrote (c); and in (e), deleted paragraph 3.
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In the introductory paragraph of (a) and in (a)1, inserted "are anticipated or"; and in (c), inserted "Executive".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), inserted "under N.J.S.A. 18A:39-3"; in (a)1, substituted "The transportation shall be bid if" for "If", and deleted "that these" following "indicates" and ", this transportation shall be bid" from the end; in (b), substituted "and shall include" for "with" and a period for a comma following "thereafter", and deleted "fixed to each advertisement" following "place"; in (c), inserted a comma following "official", inserted "bid", and substituted "executive county superintendent" for "Executive County Superintendent of Schools"; in (d), substituted "separate lists of bidders and" for "a bidders' list and keep a list"; and in (e)2, deleted ", after due notice and hearing," following "If", inserted "after due notice and hearing", and substituted ". The district board of education also" for ", and".

N.J. Admin. Code § 6A:27-9.3 Bid specifications

(a) Specifications drawn for purposes of competitive bidding shall be drafted in a manner designed to encourage free, open, and competitive bidding. Specifications shall not knowingly discriminate, or exclude prospective bidders by reason of the impossibility of performance or bidding by any one bidder. The bid specifications shall be definite, precise, impose common standards, and protect against discrimination in accordance with N.J.S.A. 10:5-31 et seq. When bid specifications are formed to deter rather than to invite genuine competition, an award to the favored bidder shall be set aside.

(b) Any revisions to the bid specifications shall be furnished to all prospective bidders and shall not restrict competitive bidding. Modifications to the specifications shall not invalidate the award of a contract to the successful bidder when it appears that all such bulletins were received by all prospective and actual bidders in advance of the submission of bids. If a district board of education finds it has made in good faith a mistake in its specifications that cannot be corrected, bids shall be rejected and re-advertised.

(c) Variations from the bid specifications required by this subchapter shall be reasonable and are subject to review by the Commissioner.

(d) Bid specifications shall contain a number to identify each bid and language that requires contractors to comply with all current applicable State and Federal laws pertaining to student transportation. Bid specifications shall be prepared to include, but not be limited to, the subchapter's requirements.

The bid specifications shall include a separate route description for each individual route to and from school.

i. A route is a selected or an established course of travel by a vehicle with definite stops for the purpose of loading and unloading students. A route for the transportation of general education public school students shall be described from the first bus stop to the destination listing each street traveled and the schedule for arriving and departing.

ii. A route for the transportation of students with disabilities, vocational school students, and nonpublic school students shall be described listing, at a minimum, each bus stop, the schedule for arriving and departing, and the vehicle capacity. The statement "the direction of the vehicle from the last stop shall be along the safest most direct route to the destination" shall also be included in the route description. In addition, it shall include language that requires the successful bidder to submit to the district board of education, within 10 days of the start of the contract, a description of the actual streets traveled.

iii. Transportation routes shall be arranged so buses transverse highways that serve the largest number of students within a reasonable time limit and at a minimum cost.

The trip description for school-related activities transportation shall include the vehicle type and capacity and may include, but not be limited to, the following criteria to define the basis of the bid:

i. The destination(s);

ii. The time of departure and return;

ii. The need for special equipment and instructions;

iv. The need for an aide; and

v. The number of vehicles required per trip.

The bid specifications shall state that the district board of education reserves the right to change the route or trip upon approval of the executive county superintendent. If any change results, adjustment in the contract price shall be made in accordance with the bid.
The specifications shall include language that describes the following district board of education requirements:

i. Procedures for a change in route or trip schedule and emergency school closings;

ii. The cancellation of the contract;

iii. The limits of automobile liability insurance to be provided by the contractor;

iv. The types of bid guarantee and performance surety bond to be provided by the contractor;

v. The term of the contract, including payment terms;

vi. The need for specialized equipment or restrictions due to student classification, if applicable;

vii. The criteria to be used to award a contract in the case of a tied bid;

viii. A copy of the school calendar for routes to and from school; and

ix. A statement of disclosure of political contributions in accordance with N.J.S.A. 19:44A-20.13 et seq.

The bid specifications also shall include language that prohibits the subcontracting of contracts without prior written approval of the district board of education and, with the exception of contracts awarded on a per student basis, the commingling of students unless authorized to do so by the district board of education through the joint transportation agreement process.
District boards of education may include penalty language for noncompliance with the terms of the contract.

(e) The district board of education shall include language that directs bidders to submit the following documents and forms prescribed by the Commissioner to be made part of the bid specifications and the contract:

A bid sheet for transportation to and from school shall contain a provision for the bid to be made on a per diem or per annum basis, and on a per route basis, for general education public students, nonpublic students, and students with disabilities. In addition to being bid on a per route basis, transportation for students with disabilities outside the school district may also be bid on a per vehicle, per student, or per mile basis;

i. The bid sheet shall identify each route to be bid and include a separate cost for adjusting the contract. Cost adjustments on a per mile basis are required for regular public and nonpublic school routes and in-district special education routes, and on a per mile, per student, or per vehicle basis for out-of-district special education routes. The cost of adjusting the contract shall be the same whether it is being increased or decreased.

ii. Routes that require an aide shall be bid on a per diem basis.

iii. The bid sheet shall include a separate provision for the per diem cost for each aide to be assigned to the route.

iv. If an aide is not required at the time of the bid, but the district board of education has decided to obtain an aide cost in case an aide is needed at a later date, the bid specifications shall include such language. The aide cost shall not be used if the need for the aide is unknown when determining the low bidder.

v. The per diem cost of adding or removing an aide shall be the same.

vi. The bid sheet may include a separate provision to request bulk and combination bids.

vii. Except for school-related activities transportation, bids that do not include an adjustment provision shall not be considered by the district board of education.

The bid sheet for school-related activities transportation shall include a provision for bids to be made on an hourly rate per vehicle or a per trip rate per vehicle, and shall include a separate provision for an aide cost, if required.

i. The bid sheet shall contain an identification number for each bid solicited on an hourly rate per vehicle or a per trip rate per vehicle.

ii. The bid sheet shall contain a separate provision for adjusting the contract on a per hour or per mile basis if an adjustment is solicited by the district board of education.

A business registration certificate;
A bidder's questionnaire and consent of surety;
A statement of ownership disclosure;
An affirmative action questionnaire;
A non-collusion affidavit;
Proof of the ability to obtain automobile liability insurance coverage required by the specifications; and
A Coordinated Transportation Services Agency membership form.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
In (d), deleted "and nonpublic" preceding "school" in 1i and substituted "students and nonpublic school students shall, at a minimum, be" for "students shall be" in 1ii.
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Rewrote (d) and added paragraph 6; rewrote (e) and added paragraph 8.
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (d)1ii, inserted ", vocational school students" and substituted "statement" for "Statement"; in (d)3, inserted "Executive"; in (d)4vii and (e)7, deleted "and" from the end; in (d)4viii and (e)8, substituted "; and" for a period at the end; added (d)4ix and (e)9; and in (e)2ii, inserted "on a per hour or per mile basis".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.
Petition for Rulemaking.
See: 52 N.J.R. 536(a), 936(a), 1217(b).

N.J. Admin. Code § 6A:27-9.4 Responsibilities of the bidder

(a) Bidders or their agents shall not draft specifications or route descriptions to be advertised for bid.

(b) The bidder shall complete and submit the bid on the bid sheet contained in the specifications. Bids shall include a separate cost for adjusting the contract.

(d) Bids are to be placed in a sealed envelope and submitted in the manner specified by the district board of education.

(e) Bidders shall submit a guarantee payable to the district board of education to ensure that the successful bidder will enter into that contract, if awarded, and furnish a performance surety bond.

The guarantee to be submitted shall be a certified check, cashier's check, or bid bond as required by the district board of education. No other form of guarantee is authorized.
The bid bond or cashier's or certified check shall be forfeited upon refusal of the successful bidder to execute a contract; otherwise, the guarantee shall be returned when the contract is executed and a performance bond filed.

(f) A surety bond for the performance of the contract for transportation to and from school equal at least to the amount of one year of the contract shall be provided to the district board of education. In the case of contracts for more than one year, the bond may be for an amount in excess of the proportionate annual contract amount as determined by the district board of education.

(g) A surety bond for the performance of the contract for transportation for school-related activities shall be provided to the district board of education as required by the specifications.

(h) A surety bond shall be provided for the faithful performance of all provisions of the specifications and for all matters that are contained in the notice to bidders and relate to the performance of the contract.

(i) The performance surety bond shall be either a corporate or personal surety bond as required by the district board of education.

(j) The performance surety bond shall be submitted to the district board of education with an executed contract prior to the start date of the contract.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Added (c); recodified former (c)-(d) as (d)-(e); recodified former (e) as (f) and added "for transportation to and from school" preceding "shall be provided"; added (g) and recodified former paragraphs 1 and 2 as (h) and (i); and added (j).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (c), deleted "which are" following "bids"; in the introductory paragraph of (e), deleted ", if a contract is awarded," following the first occurrence of "that", and inserted ", if awarded,"; in (f), inserted "equal at least to the amount of one year of the contract", and deleted "equal at least to the amount of one year of the contract" following the first occurrence of "education"; in (h), inserted "that are", and substituted "and relate" for "relating"; and in (i), deleted "surety bond" following "corporate".

N.J. Admin. Code § 6A:27-9.5 Bidder's guarantee

(a) The district board of education may require the guarantee to be submitted in the form of a certified check, cashier's check, or bid bond. No other form of guarantee is authorized.

The bidder guarantee shall include the number assigned to the bid for which guarantee is submitted.

(b) The amount of the bidder's guarantee shall be a minimum of five percent of the bid, not to exceed $ 50,000.

(c) Except for the three lowest bidders, the guarantee shall be returned to the bidders within 10 business days after the opening of the bids.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Added (a)1.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), deleted ", at its discretion," following "may", and inserted a comma following "cashier's check"; in (a)1, deleted "bid" following "the", and substituted "guarantee" for "it"; and in (c), substituted "10" for "ten".

N.J. Admin. Code § 6A:27-9.6 Performance surety bond

(a) A surety bond for the performance of contracts and contract renewals for transportation to and from school equal at least to the amount of one year of the contract shall be required by the district board of education. In the case of contracts for more than one year, the bond may be for an amount in excess of the proportionate annual contract amount as determined by the district board of education. The district board of education may require a performance surety bond furnished by a corporate surety company recognized by the State Department of Banking and Insurance as being authorized to do business in the State or may permit a personal surety bond.

Contracts awarded on a per diem basis shall be bonded in the per annum amount based on the actual number of days transportation is required by the school calendar or may be in the per annum amount based on 180 days.
Contracts for school-related activities transportation shall be bonded for an amount to be determined by the district board of education.
The district board of education may require a performance surety bond for quoted contracts pursuant to N.J.A.C. 6A:27-9.12.
Personal bonds shall be submitted on the personal surety bond form prescribed by the Commissioner. The bond shall be signed by at least two responsible sureties who are residents of New Jersey, neither of whom shall be a member of the district board of education, and shall include the multi-contract number(s) or route number(s) guaranteed by the bond.

i. The district board of education may reject an individual surety offer, and may request a certification that each individual's net worth is sufficient to guaranty the bond.

The corporate bond shall be issued in the name of the school bus contractor with whom the district board of education holds the contract and shall be signed by the contractor and authorized agent of the bonding company. The bond shall also include the multi-contract number(s) or route number(s) guaranteed by the bond.

(b) If it is necessary to replace an existing corporate or personal surety bond, the contractor shall furnish a new surety bond as required by the original bid. The contractor may substitute a corporate bond for a personal bond with the approval of the district board of education.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a), rewrote the introductory paragraph, added paragraphs 1 through 3, recodified former paragraph 1 as 4, added paragraph 5; deleted former (b); recodified former (c) as (b), and rewrote the subsection.
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In the introductory paragraph of (a)4, inserted "and shall include the multi-contract number(s) or route number(s) guarantied by the bond"; in (a)4i, substituted "guaranty" for "cover"; and in (a)5, inserted the last sentence.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), inserted "equal at least to the amount of one year of the contract", and deleted "equal at least to the amount of one year of the contract" following the first occurrence of "education", ", at its discretion" preceding "require", and "of New Jersey" following "State"; in (a)1, deleted ", at the discretion of the district board of education," following "or"; in (a)3, deleted "at its discretion" following "may"; in (a)4, substituted "personal surety bond form" for "Personal Surety Bond form, as", deleted "of Education" following "Commissioner" and a comma following "sureties", and inserted a comma following "education"; and in (b), substituted "The contractor may substitute a" for "A", and deleted "may be substituted" preceding "for" and "by the contractor" preceding "with".

N.J. Admin. Code § 6A:27-9.7 Bulk and combination bids

(a) District boards of education may receive bulk and combination bids.

A bulk bid is a bid that is awarded for a lesser price than the sum of the individual bids when all routes advertised in the bulk bid are awarded to one bidder.
A combination bid is a bid that is designed by the district board of education and groups specified routes together to be serviced by the contractor utilizing the same vehicle for all routes in the group.

(b) Bulk and combination bids shall include individual route or contract costs.

Bulk bids shall contain a percentage deduction that shall be applied to each route or contract bid price when all routes or contracts contained in the bulk bid are awarded to a single bidder.

History

Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a)1, deleted a comma following "bids"; and in (a)2, inserted "that is", and substituted "and" for "which".

N.J. Admin. Code § 6A:27-9.8 Receiving and opening bids

(a) Unless the proposals are to be received at a district board of education meeting, a committee, an officer, or an employee of the district board of education shall be designated to receive the proposals at a time and place designated by the district board of education and stated in the bid advertisement. At the time and place so designated and advertised, the district board of education or board-designated committee, officer, or employee shall receive the proposals and proceed to unseal them and publicly announce their contents. No proposals shall be opened before the time designated in the advertisement and none shall be received thereafter.

(b) The district board of education may reject any or all bids.

(c) After bids are opened, a district board of education shall not impose new conditions and bidders shall not be allowed to change bids or make oral bids. Specifications shall not be modified after bids have been received and the contract shall not be awarded to one of the bidders upon revised specifications.

(d) Bulletins issued to explain minor details of specifications and to make minor changes shall not invalidate the award of a contract to the successful bidder when it appears that all such bulletins were received by all prospective and actual bidders in advance of the submission of bids. The officer of the district board of education responsible for distributing specifications to prospective bidders shall keep a list of their names and addresses so that bulletins can be issued to them, if necessary. If a district board of education finds it has made in good faith a mistake in its specifications that cannot be corrected, bids shall be rejected and re-advertised.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (d), added "district" following "The officer of the" and added "of education" preceding "responsible".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a), substituted the first occurrence of "at" for "in", inserted "bid" and "board-designated", and deleted "for bids" following "advertisement" and "designated by the district board of education to do so," following the second occurrence of "employee"; in (c), substituted "After bids are opened, a" for "A", and deleted a comma following "conditions" and "after they are opened" following the third occurrence of "bids"; and in (d), inserted "by all prospective and actual bidders" and "in good faith", and deleted "by all prospective and actual bidders" following the first occurrence of "bids" and ", in good faith," following "If".

N.J. Admin. Code § 6A:27-9.9 Contracts

(a) The term of the original contract shall not exceed four years.

Beginning in the second year, a multi-year contract may be increased annually by a maximum of seven and one-half percent of the original yearly contract amount in accordance with N.J.S.A. 18A:39-2.

(b) All contracts or contract renewals for student transportation shall be made on Commissioner-prescribed forms, and shall be submitted by the district board of education to the executive county superintendent for approval within 30 days after the award of the contract or by September 1 of the school year in which transportation is to be provided.

(c) New contracts submitted to the executive county superintendent shall be accompanied by the bid specifications, all documents required by the specifications to be submitted by the bidder, a copy of the newspaper bid advertisement, and a certified extract of the minutes of the district board of education authorizing the contract.

(d) Contract renewals submitted to the executive county superintendent shall be accompanied by a certified extract of the minutes of the district board of education authorizing the contract and copies of the contractor's certificate of insurance, affirmative action documentation, and performance surety bond.

(e) Negotiated contracts between a district board of education and a parent or guardian transporting only his or her own child(ren) shall be accompanied by a certified copy of the minutes of the district board of education authorizing the contract, a certificate of insurance, and a copy of the parent's or legal guardian's valid driver's license and vehicle registration.

(f) When submitting new contracts to the executive county superintendent, the district board of education shall also submit a summary of all bids received. If a contract is not awarded to the lowest bidder, a statement by the district board of education attorney justifying the contract award shall accompany the summary.

(g) All transportation contracts shall be approved by the executive county superintendent regardless of whether State aid is involved.

(h) Notwithstanding the executive county superintendent's approval, State aid shall be subject to modifications by the Commissioner for good cause shown.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
In (c) and (d), substituted "extract" for "copy" preceding "of the minutes".
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (b), deleted "in triplicate," following "transportation shall be made".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In the introductory paragraph of (a), inserted "original"; in (b), (c), (d) (f) and (g), inserted "Executive"; and in (h), substituted "Executive County Superintendent's" for "county superintendent's".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote (b) through (d) and (f) through (h).

N.J. Admin. Code § 6A:27-9.10 Awarding contracts

(a) Contracts shall be awarded to the lowest responsible bidder by formal action of the district board of education during a public meeting.

The district board of education meeting minutes authorizing the award of a contract shall include the contractor's name, route numbers, and individual route costs of all bidders who submitted bids.
A contract that is not awarded to the lowest bidder shall be accompanied by a statement by the district board of education's attorney justifying the contract award.

(b) The district board of education shall not delegate its power to enter into a transportation contract.

(c) The district board of education shall not consider bids that do not include a separate cost for adjusting the contract.

(d) The district board of education shall not consider unsolicited alternate bids for award.

(e) Any award of a contract made by a district board of education after advertisement shall be according to the terms advertised to prospective bidders. Each bidder shall be compelled to conform to every substantial condition imposed upon other bidders.

(f) After a contract has been awarded, a bidder cannot be relieved from conforming to the conditions imposed in the specifications and cannot substitute something that does not conform to the specifications.

(g) A district board of education shall not reject the lowest bid upon the ground that the bidder is not responsible without giving him or her a hearing upon the facts. To determine that a bidder is not responsible, the district board of education after notice and a public hearing must find as a fact that the bidder is so lacking in experience, financial ability, equipment, and facilities to justify that he or she would be unable to carry out the contract, if awarded.

(h) The lack of ability upon the part of a contractor to work in harmony or the district board of education's inability to enforce the terms of a previous contract cannot be controlling factors in determining the bidder's responsibility. Disputes involving controverted questions of fact with reference to the performance of a previous contract do not constitute grounds for declaring a bidder irresponsible, if the disputed matters can be taken care of under a contract properly safeguarding the public interest with a contractor who is financially responsible.

(i) A district board of education may disqualify a bidder who would otherwise be determined to be the lowest responsible bidder for a student transportation contract, if the district 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 not to exceed three years, and shall be made by resolution approved by majority of the district board of education.

Prior negative experience may be any one of the following:

i. The bidder has been determined to be "nonperforming" under a student transportation contract after a hearing that shall include the bidder, the superintendent, and the executive county superintendent. The executive county superintendent shall make a determination as to nonperformance, which may be appealed to the Commissioner.

(1) To facilitate the executive county superintendent's determination, the district board of education shall submit to the executive county superintendent all documentation in support of its position that the bidder is "nonperforming." The district board of education also shall provide a copy of the documentation to the bidder.

(2) The bidder shall have 14 days from receipt of the district board of education's submission to submit a written response to the executive county superintendent.

(3) If the executive county superintendent determines there are no facts in dispute, the executive county superintendent's determination as to nonperformance may be decided summarily based on the submissions in writing by the district board of education and the bidder.

(4) If the executive county superintendent determines there are facts in dispute, he or she shall hold a hearing in accordance with N.J.S.A. 18A:39-11.3.

(5) The executive county superintendent shall issue a written decision within seven days of the hearing or submission by the bidder;

ii. The bidder defaulted on a transportation contract requiring the district board of education to utilize the services of another contractor to complete the contract;

iii. The bidder defaulted on a transportation contract requiring the district board of education to look to the bidder's surety for completion of the contract or tender of the costs of completion; or

iv. The bidder has at least a 10 percent ownership in any contractor that had prior negative experience with the district board of education.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Added (g).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), substituted "during" for "in"; in (a)1, substituted "a contract" for "contracts" and inserted a comma following "numbers"; in (d), deleted "upon him or her" following "imposed"; and rewrote (e) and (g).

N.J. Admin. Code § 6A:27-9.11 High, collusive, or no bids

If no bids were received on two occasions, or bids were rejected on two occasions by the district board of education because they were too high, contracts may be awarded pursuant to N.J.S.A. 18A:18A-5.c and d.

History

Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-9.12 Quoted contracts

(a) Quotations for unanticipated transportation services may be sought after the opening of school. All anticipated transportation services shall be bid. The process of soliciting quotations shall not be used by the district board of education to intentionally split transportation routes into smaller parts to avoid reaching the statutory bid threshold for transportation pursuant to N.J.S.A. 18A:39-3.

(b) Quoted contracts may be issued for unanticipated transportation services provided the following requirements are met:

At least three quotations shall be sought and documented;

Quotations shall be solicited on a per diem basis and may include a provision to adjust the quotation within the bid threshold;

Quoted contracts under the bid threshold may be in effect for the balance of the school year;
Quoted contracts over the bid threshold shall be issued for a period of time that will not cause the contract to exceed the bid threshold. The competitive bid process shall be completed within this timeframe, and awarded contracts implemented for the balance of the school year; and
Quoted contracts shall not be renewed but shall be included in the aggregate cost of transportation services for the ensuing school year.

(c) The district board of education's submission of quoted contracts to the executive county superintendent for approval shall be accompanied by a certified copy of the district board of education meeting minutes authorizing the contract, copies of the contractor's certificate of insurance, performance surety bond, if applicable, and evidence of three quotes.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (b), rewrote paragraphs 2 and 4.
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), inserted the second sentence; and in (c), inserted "Executive".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a), inserted "for unanticipated transportation services", and deleted "for unanticipated transportation services" following "school" and "so as" following "parts"; in the introductory paragraph of (b), substituted a colon for a period at the end; in (b)1 through (b)3; substituted a semicolon for a period at the end; in (b)4, substituted "that" for "which" and "; and" for a period at the end; in (b)5, substituted "but" for ". These contracts"; and in (c), substituted "executive county superintendent" for "Executive County Superintendent of Schools".

N.J. Admin. Code § 6A:27-9.13 Renewing contracts

(a) Annual extensions of an existing contract, approved by the executive county superintendent, shall be permitted provided:

The contract was entered into through competitive bidding;
The terms of the contract remain the same;
There is no increase in the annual amount of the contract to the district board of education, or the increase in the contractual base amount as a result of such extension does not result in an effective increase that exceeds for the school year the annual rise in the Consumer Price Index (CPI) as defined in N.J.S.A. 18A:7F-45, regardless of whether the route description has changed or an aide has been added or removed. The increase may exceed the rise in the CPI when the increase, as provided for in the original bid, is directly attributable to the addition of an aide, a route change to accommodate a new student rider, or safety concerns. Any such extension shall require the approval of the executive county superintendent.

i. The contractual base amount is the sum of the actual cost to the district board of education for items included in the bid at the end of the term of the contract in the prior year; and

The school destination remains the same as the original contract.

i. Destination is defined as the physical location of the school(s).

(b) When it is necessary to change the bus type, an immediate rebid of a contract renewal shall not be required. Any such change shall be approved by the district board of education and shall be bid for the next school year.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
In (a)3, rewrote the introductory paragraph.
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In paragraph (a)3, deleted "original" preceding "contractual", in 3i, deleted "original" throughout and added "in the prior year" preceding "; and".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In the introductory paragraph of (a) and in the introductory paragraph of (a)3, inserted "Executive"; and in the introductory paragraph of (a)3, updated the N.J.S.A. reference.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), substituted "executive county superintendent" for "Executive County Superintendent of Schools"; in (a)3, inserted "for the school year", deleted "for that school year" following "N.J.S.A. 18A:7F-45", and substituted "whether" for "the fact that", and "executive county superintendent" for "Executive County Superintendent of Schools".

N.J. Admin. Code § 6A:27-9.14 Addendum to a contract

(a) An addendum shall be required to adjust the cost of an existing contract or contract renewal.

An addendum to a contract or contract renewal for general education students and students with disabilities transported to schools within the school district shall be calculated based on the increase/decrease mileage adjustment stated in the original bid.
An addendum to a contract or contract renewal for the transportation of students with disabilities transported outside the school district shall be based on the per student, per mileage, or per vehicle adjustment stated in the original bid.
If the cost of an aide is not part of the bid, an addendum to a contract or contract renewal for the purpose of adding an aide may be a negotiated cost provided it does not exceed the bid threshold.

(b) An addendum to a contract or contract renewal shall be on the Commissioner-prescribed contract addendum form. The district board of education shall submit the form to the executive county superintendent for approval within 30 days of the district board of education's approval.

When an addendum added to the contract increases the cost, additional bonding coverage shall not be required if the remaining cost of the original contract plus the additional cost of the adjustment does not exceed the amount of the original bond.

(d) The district board of education shall attach a certified copy of the minutes of the district board of education authorizing the adjustment and additional performance surety bond, if required, to the contract addendum form when it is submitted to the executive county superintendent.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In paragraphs 1 and 2 of (a), added "school" preceding "district".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (b) and (d), inserted "Executive".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-9.15 Transferring contracts and contract renewals

(a) Whenever a contractor has entered into, or intends to enter into, an agreement to sell or assign to a purchaser all of the contractor's rights and liabilities with respect to all of the transportation contracts held by the contractor, such assignment requires the approval of the district board(s) of education and the executive county superintendent.

(b) When a contractor has entered into, or intends to enter into, an agreement to sell or assign to a purchaser all of the contractor's rights and liabilities with respect to all of the transportation contracts serviced by a specific terminal(s) that will no longer be operated by the contractor for student transportation services, such agreement requires the approval of the district board(s) of education and the executive county superintendent.

(c) The district board of education shall complete the student transportation contract agreement form prescribed by the Commissioner for each individual contract or multi-contract.

(d) The transfer of contracts shall impose no additional cost to the district board of education.

(e) All terms of the original contract shall remain in effect.

(f) The assignment between the district board of education and the purchaser shall not become effective until the purchaser provides all documents required of the original bidder.

(g) The student transportation contract transfer agreement form shall be accompanied by a copy of the certified district board of education minutes approving the transfer of the contract and all documents required of the original bidder when the district board of education submits it to the executive county superintendent for approval.

(h) The assignment of selected contracts to another person or company shall not be considered a transfer, but shall be considered subcontracting. In this case, all the provisions of the contract shall remain in effect and shall impose no additional cost to the district board of education.

No contract shall be subcontracted without the approval of the district board of education.
When a district board of education allows a contract to be subcontracted, the district board of education shall submit to the executive county superintendent a certified copy of the minutes approving each route to be subcontracted and a certificate of insurance from the subcontractor.

(i) Whenever a district board of education assigns to another district board of education any or all of the assigning district board of education's rights and liabilities for transportation contracts it holds, such assignment requires the approval of both district boards of education and the executive county superintendent.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Added (b); recodified former (a)1 as (c); deleted former (a)2; recodified former (b)-(e) as (d)-(g); and added (h).
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), (b) and (g), inserted "Executive"; and added (i).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-9.16 Joint transportation agreements

(a) Two or more district boards of education may provide jointly for the transportation of students to and from any school(s) within or outside the school districts or county(ies).

(b) Whenever the executive county superintendent determines that transportation of students could be more economically accomplished by joint transportation, he or she may order the joint transportation, assign the administration to one district board of education as the host, and prorate the cost to the joining district board(s) of education.

(c) The district board of education providing the transportation, either by district-owned or contracted vehicle, shall be referred to as the host.

(d) The host district board of education shall initiate the joint agreement and shall ensure that transportation contracts meet the requirements for approval by the executive county superintendent.

(e) The host district board of education shall send the joint transportation agreement form prescribed by the Commissioner to the host school district's executive county superintendent for approval within 60 days of the agreement.

A copy of a joint agreement signed by all parties and issued between district boards of education in different counties shall be sent within 90 days of the agreement to the joiner school district's executive county superintendent.

(f) Certified copies of the minutes approving the agreement for each district board of education involved in the joint agreement shall accompany the agreement submitted by the host district board of education to the executive county superintendent.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
In (e), rewrote 1 and 2.
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Rewrote (e).
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (b), (d), the introductory paragraph of (e) and in (f), inserted "Executive"; and in (e)1, substituted "Executive County Superintendent of Schools" for "county superintendent of schools".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

Subchapter 10 COORDINATED TRANSPORTATION SERVICES

N.J. Admin. Code § 6A:27-10.1 General requirements

(a) For the purposes of this subchapter, a resident district board of education, educational services commission, jointure commission, county special services school district, or any other entity governed by a district board of education providing coordinated transportation services and identified by the Commissioner for this purpose shall be known as a coordinated transportation services agency (CTSA).

(b) Representatives of the participating resident district boards of education and the CTSA shall meet at least annually to establish the provisions of the contractual agreement between the parties.

(c) Resident district boards of education shall utilize a CTSA to transport students going to a special education or vocational school located outside of the resident school district, and nonpublic school students whose parents received aid in lieu of transportation in the prior school year or for whom the resident school district cannot provide transportation in the ensuing school year. District boards of education may also utilize the CTSA for any other transportation needs.

(d) Transportation for a special education or vocational school student newly assigned to a school located outside of the resident school district, or a newly registered nonpublic school student for whom no route currently exists, shall be assigned to a CTSA. If the CTSA is unable to coordinate transportation for the student with students from other school districts, the resident district board of education may choose to provide the transportation or pay aid in lieu of transportation in the case of nonpublic school students.

(e) The executive county superintendent shall assist district boards of education and the nonpublic schools administrators in coordinating the calendars and schedules of the public and nonpublic schools to facilitate the coordination of services.

(f) Resident district boards of education shall adopt by resolution an agreement with the CTSA for transportation services. The CTSA shall submit to the executive county superintendent a copy of the district board of education resolution to participate in the coordinated services, the contractual agreement, and a copy of the district board of education minutes from both parties. The agreement shall include, but not be limited to, the following:

The time period to be covered by the agreement;
A description of the services to be provided;
A list of the responsibilities of each party to the agreement;
A formula for establishing the cost of service to each participating district board of education, including a provision for adjusting the final cost based upon actual expenditures;
Administrative fees to be charged, if applicable;
A payment time schedule;
Provisions for revision of the services;
The signatures of both parties to the agreement; and
A provision for the executive county superintendent's acknowledgement of the agreement between the parties.

(g) District boards of education and the CTSA shall provide to the Department all data necessary for the evaluation of the coordinated transportation services.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (a), added "a" following "subchapter," added "district" preceding "board of education"; in (b), added "district" preceding "boards of education"; in (c), added "school" preceding "district,"; in (d), added "school" preceding "district," and "districts,"; in the introductory paragraph of (f), deleted "(if separate from the board resolution)"; and in paragraph 4 added "board of education" following "district".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (e) and in the introductory paragraph of (f), inserted "Executive"; in the introductory paragraph of (f), inserted "from both parties"; and in (f)9, substituted "Executive County Superintendent's" for "county superintendent's".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-10.2 Responsibilities of resident district boards of education

(a) Resident district boards of education shall evaluate their methods of transporting students attending a special education or vocational school located outside of the school district and nonpublic school students whose parents or legal guardians receive aid in lieu of transportation to determine whether services could be more economically provided through a coordinated transportation services agency (CTSA).

Bidding is not required for the purpose of comparing costs to make this determination.

(b) Resident district boards of education shall first attempt to use a CTSA to provide transportation services for nonpublic school students prior to determining eligibility for aid in lieu of transportation.

(c) Resident district boards of education responsible for the transportation of students going to a special education or vocational school located outside the school district shall utilize a CTSA, except when:

The resident district can provide transportation at a lesser cost;
The resident district board of education can share transportation services through an agreement with another district board of education;
The transportation to be provided by the CTSA does not fall within the policies of the resident district board of education regarding length of ride and/or assignment of students to routes based on student age or classification; or
The CTSA is unable to coordinate transportation with other school districts.

(d) Once the resident district board of education has been notified of the estimated cost of transportation and has agreed to the service arranged by the CTSA, the services shall be provided until the student no longer requires transportation.

Any party to the transportation service may dissolve the arrangement for good cause shown. The party withdrawing from the agreement shall make available upon request documentation of the cause to all affected parties.

(e) Resident district boards of education that paid aid in lieu of transportation to the parents or legal guardians of nonpublic school students in the prior year, or who have determined that transportation cannot be provided for the ensuing school year, shall attempt to utilize a CTSA for the nonpublic school students before the determination is made to pay aid in lieu of transportation.

If any unique limitations or restrictions on providing this transportation exist, the resident district board of education shall provide this information to the CTSA.
By August l preceding the school year in which transportation is to be provided, the district board of education shall notify the parents or legal guardians of the nonpublic school students and the nonpublic school administrators as to the manner in which transportation services are to be provided.
The executive county superintendent shall be notified when it has been determined that the inability to provide transportation services is due to calendar and/or schedule conflicts.

(f) The resident district board of education shall document the reasons why it chose not to use a CTSA and maintain documentation of the per student cost calculation.

(g) The resident district board of education may renew existing contracts in accordance with N.J.S.A. 18A:39-3 if the district board of education determines it is in its best interest to do so.

(h) Regional district boards of education shall continue to have the responsibility for providing nonpublic school transportation services for all constituent school district students regardless of grade level, in accordance with N.J.S.A. 18A:39-1. The regional school district board of education shall be responsible for determining when transportation should be provided through a CTSA.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
Deleted (d)4.
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In the introductory paragraph of (a), added "school" preceding "district and nonpublic"; in the introductory paragraph of (b), added "school" preceding "district shall", added paragraph 2, recodified former paragraphs 2 and 3 as 3 and 4, added "school" preceding "districts" in paragraph 4; in (f), substituted "the" for "their" and deleted "of the board"; in (g), added "school" preceding "district".
Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (d)3, inserted "Executive".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a)1, deleted "in order" following "costs"; in (c)1, inserted "available upon request", and deleted "available" following the second occurrence of "cause" and ", upon request" from the end; in the introductory paragraph of (d), substituted "the nonpublic school" for "those"; in (d)3, substituted "executive county superintendent" for "Executive County Superintendent of Schools"; in (e), substituted "the" for "their"; and rewrote (f).

N.J. Admin. Code § 6A:27-10.3 Responsibilities of coordinated transportation services agencies

(a) A coordinated transportation services agency (CTSA) shall organize, schedule, and provide transportation services in a manner that achieves maximum efficiency for participating school districts. Services and method of payment shall be described in an agreement between the CTSA and the resident district board of education.

(b) A CTSA may contract for transportation services, use vehicles owned or leased by the agency, and/or utilize vehicles owned by district boards of education for the provision of coordinated services.

(c) The calculation of per student costs for transportation services provided by a CTSA shall not include administrative expenses above the cost of providing the actual transportation service. If the agency costs are equal to or less than the maximum per student expenditure permitted for nonpublic school transportation pursuant to N.J.S.A. 18A:39-1a, excluding administrative fees, the agency shall provide transportation for the nonpublic school students.

The maximum per student expenditure permitted for nonpublic school transportation pursuant to N.J.S.A. 18A:39-1a shall be determined by dividing the actual cost of the route to and from school by the number of students assigned to the route. The per student cost calculation does not include the administrative cost to administer the nonpublic school transportation program.
An administrative fee is the amount charged to a district board of education by a CTSA for costs incurred to administer the transportation program. The administrative fee shall not be included in determining the actual cost of the route to and from school. Administrative fees are excluded from the calculation of the maximum per student expenditure permitted for nonpublic school transportation pursuant to N.J.S.A. 18A:39-1a.

(d) A CTSA may charge an administrative fee to participating school districts to cover the ordinary cost of doing business. Determining routes and availability of service should be considered part of the ordinary cost of doing business and included in the administrative fees charged to resident district boards of education. The agency shall not charge a per student application fee.

(e) A CTSA may notify parents or legal guardians of the provision of nonpublic school transportation in accordance with N.J.A.C. 6A:27-2.3(b). Notification to the parents or legal guardians by the CTSA shall be made part of the resolution and contractual agreement between the parties.

(f) If a CTSA cannot provide the requested transportation, the agency shall:

Document why it is unable to provide transportation; and
Maintain a listing of destinations for which it is unable to coordinate services to share this information with other school districts for possible coordination in the future.

(g) Prior to bidding for transportation services, the CTSA shall notify participating school districts whether transportation will be coordinated with other school districts on their routes.

(h) Resident district boards of education shall be billed for services in accordance with the contractual agreement with the agency. The billing shall include the participating school district's individual route costs based on adjusted monthly expenditures. The final cost billed to resident district boards of education shall be based on actual expenditures.

The CTSA shall provide to district boards of education on a Commissioner-prescribed form the information necessary for State reimbursement of the portion of any administrative fee that causes the per student cost to exceed the maximum expenditure permitted for nonpublic school transportation pursuant to N.J.S.A. 18A:39-1a.

History

Amended by R.2002 d.303, effective 9/16/2002.
See: 34 N.J.R. 1887(a), 34 N.J.R. 3205(a).
Rewrote (c); in (h), added 1.
Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
In (d) and (g), added "school" preceding "districts"; in the introductory paragraph of (h), added "school" preceding "district's".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a), inserted a comma following "schedule", substituted "that" for "which" and "Services" for "These services", and inserted "school"; in (c)1, substituted the second occurrence of "The" for "This"; in (e), substituted "Notification to the parents by the CTSA" for "This service"; in the introductory paragraph of (f), substituted "transportation" for "services"; in (f)2, deleted "in order" following "services"; and in (h)1, inserted "on a Commissioner-prescribed form", deleted ", on a form prescribed by the Commissioner," following "necessary", and substituted "that" for "which".

N.J. Admin. Code § 6A:27-10.4 Conditions when coordinated transportation services agencies must bid

(a) The coordinated transportation services agency (CTSA) shall be subject to all laws governing student transportation contracts, including bonding requirements. In addition to the standard forms required with a bid, a CTSA also shall include:

An agency membership form listing each member school district and the name of the school district's superintendent; and
A non-collusion statement indicating that personnel within the agency that is bidding did not draft specifications or route descriptions.

(b) Bidding by CTSAs to utilize agency owned/leased vehicles is not required when:

An educational services commission or jointure commission transports students who reside in school districts that were members of the commission as of January 1, 2004, and the commission provided transportation with vehicles it owned/leased as of that date;
An educational services commission or jointure commission transports students who reside in school districts located in first class counties that were not members of the commission and, as of January 1, 1999, were transported by vehicles owned/leased by the commission;

A county special services school district (CSSSD) transports students who reside in the county and are enrolled in the school district or in nonpublic schools if, as of January 1, 2004, the CSSSD owned/leased buses and was providing transportation; or

A CSSSD transports students with disabilities within the county or contiguous counties if, as of January 1, 2004, the CSSSD is located in a fifth class county and has been providing special education transportation with buses it owns/leases.

History

New Rule, R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a)1, substituted "and" for "with" and "school district's" for "district"; in the introductory paragraph of (b), deleted "in order" following "CTSAs"; in (b)1 and (b)2, inserted "school"; rewrote (b)3; and in (b)4, substituted "fifth" for "5th".

Subchapter 11 SAFETY

N.J. Admin. Code § 6A:27-11.1 District board of education safety policies

(a) District boards of education shall establish policies and procedures to be followed by the school bus driver in the event of an emergency.

(b) District boards of education and school bus contractors shall establish policies and practices to ensure that school bus drivers comply with all applicable rules of this chapter.

(c) District boards of education shall develop a policy to ensure that the school administration conducts ongoing random checks of school bus transportation operations. The checks shall include, but not be limited to:

Verifying that drivers possess a valid CDL with proper endorsements to operate the type(s) and class(es) of vehicle(s) used to transport students as set forth at N.J.A.C. 6A:27-12.1(d);
Verifying that the vehicle(s) being used to transport students has a valid registration, insurance, and inspection sticker as set forth at N.J.A.C. 6A:27-1.6 and 7.1; and
Conducting a pre-trip inspection of buses.

History

Amended by 53 N.J.R. 163(a), effective 2/1/2021

N.J. Admin. Code § 6A:27-11.2 Evacuation drills and safety education

(a) Administrators, or a person assigned to act in a supervisory capacity, in each school of attendance shall organize and conduct emergency exit drills on school property at least twice within each school year for all students who are transported to and from school. Drills shall include instruction for the proper use and adjustment of seatbelts.

All other students shall receive school bus evacuation instruction at least once within each school year.

(b) School bus drivers and bus aides shall participate in the emergency exit drills.

(c) Drills shall be documented in the minutes of the first district board of education meeting following the completion of each emergency exit drill. The minutes shall include, but shall not be limited to, the following:

The date of the drill;
The time the drill was conducted;
The school name;
The location of the drill;
The route number(s) included in the drill; and
The name of the school principal or assigned person(s) who supervised the drill.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Added (d).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (d), substituted "district" for "local"; in (d)2, deleted "of day" following "time"; and in (d)6, deleted a comma following "principal" and "assigned" following "person(s)", and inserted "assigned".

N.J. Admin. Code § 6A:27-11.3 Training

(a) Employers shall ensure that all school bus drivers and school bus aides are properly trained for the functions of their positions.

(b) Employers shall administer a safety education program for all permanent and substitute drivers and aides twice per calendar year. At a minimum, the training shall include:

Student management and discipline;
School bus accident and emergency procedures;

Conducting school bus emergency exit drills;

Loading and unloading procedures;
School bus stop loading zone safety;
Inspecting the school vehicle for students left on board at the end of a route; and
The use of a student's education records, including the employee's responsibility to ensure the privacy of the student and his or her records, if applicable.

(c) In addition to the training requirements in (b) above, employers shall administer to school bus drivers a safety education program that includes defensive driving techniques and railroad crossing procedures.

(d) For all school bus drivers and school bus aides that it employs, an employer shall administer a training program for interacting with students with disabilities as developed by the Commissioner pursuant to N.J.S.A. 18A:39-19.2 and 19.3. The employer shall administer the training program to each employee prior to allowing him or her to operate a school bus or serve as a school bus aide.

An employer shall require a school bus driver or school bus aide to 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 executive county superintendent with the annual school bus driver and aide certifications.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (b)4, deleted "and" from the end; in (b)5, substituted a semicolon for a period at the end; and added (b)6 and (b)7.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (b), substituted "the" for "this"; and in (c), inserted "to school bus drivers", and substituted "that" for "for school bus drivers which".

N.J. Admin. Code § 6A:27-11.4 Student safety education

At least once each school year, district boards of education shall provide to public school students a safety education program that includes pedestrian safety and rules for riding the school bus.

History

Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Inserted "to public school students", and substituted "that" for "to public school students, which".

N.J. Admin. Code § 6A:27-11.5 Student list for school-sponsored activities

Each district board of education may develop and implement a policy requiring the compilation of a list 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. Any policy pursuant to this section shall require the individual creating the list of students for each school bus to submit it to the school principal, or designee, and the principal, or designee, to maintain the list for use in the case of an emergency.

History

Adopted by 53 N.J.R. 163(a), effective 2/1/2021

Subchapter 12 DRIVERS AND AIDES

N.J. Admin. Code § 6A:27-12.1 General requirements

(a) The school bus driver and aide shall be reliable persons of good moral character who possess the qualifications and communication skills necessary to perform the duties of the position.

(b) Anyone driving a school vehicle used to transport students to and from school and school-related activities shall meet all requirements of N.J.S.A. 18A:6-7.6 through 7.12 and 18A:39-17, 18, 19.1, and 20, and all New Jersey Motor Vehicle Commission (NJMVC) rules governing school bus drivers.

The executive county superintendent shall ensure compliance with the requirements in (b) above.

(c) Any certified mobility assistance vehicle technician authorized by a district board of education, nonpublic school governing body, or State agency to provide mobility assistance vehicle transportation services, pursuant to N.J.S.A. 18A:39-20.1, 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;
Not be required to be licensed or regulated as a school bus driver; and
Not be subject to the requirements set forth in N.J.S.A. 18A:39-19.2.

(d) A driver shall hold a valid commercial driver's license (CDL) with appropriate endorsement (s) for the class and type of vehicle operated, issued by the NJMVC or the state where the driver primarily resides.

(e) School bus drivers shall wear a properly adjusted and fastened seat belt.

(f) Employers shall submit to the Department's Office of Student Protection a school bus driver transmittal form, and shall receive an approval letter from the Office of Student Protection, prior to assigning a newly hired, currently approved school bus driver to a bus route.

(g) Employers shall retain a current qualifications record for each school bus driver and aide. At a minimum, the retained records shall include:

The driver's and/or aide's name and Social Security number;
The driver's license number with the class of license, endorsement to operate a school bus, and the issuing state;
A current medical examiner's certificate, if required;
The current criminal history background check certification letter; and

A copy of the Department's Office of Student Protection school bus driver transmittal form, if applicable.

(h) Employers shall notify each school bus driver when reoccurring qualification requirements become due. The requirements shall include, but not be limited to:

Driver license renewal;

Driver physical; and
Criminal history background check.

(i) Employers shall notify each school bus aide and mobility vehicle assistance technician when the criminal history background check becomes due.

(j) Within one business day of notification that a school bus driver's license is suspended or revoked, employers shall verify to the Department's Office of Student Protection that the driver is no longer operating a school bus.

(k) The driver shall complete daily a driver's school bus condition report as prescribed by the NJMVC.

(l) School bus aides shall meet criminal history background check requirements, pursuant to N.J.S.A. N.J.S.A. 18A:6-7.1 et seq.

(m) School bus drivers and aides shall be considered under the Federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, to be school officials who have a legitimate educational interest to parts of a student's record relating to transportation, without parental consent.

Legitimate educational interest, applicable whenever a school official needs to review an education record to fulfill his or her professional responsibility, is defined for school bus drivers and aides as information needed to receive proper training and ensure informed actions to safely transport the student and any other students on the bus.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In the introductory paragraph of (b) and in (c), substituted "Motor Vehicle Commission" for "Department of Transportation"; added (b)1, (e)5 and (j); rewrote the introductory paragraph of (e); in (e)3, deleted "and" from the end; in (e)4, substituted "; and" for a period at the end; in (f), substituted "Motor Vehicle Commission" for "Commissioner of Education"; and in (i), updated the N.J.A.C. reference.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (b), inserted ".1," and "(NJMVC)"; in (b)1, substituted "executive county superintendent" for "Executive County Superintendent"; in (c), substituted "commercial driver's license" for "Commercial Driver's License" and "NJMVC" for New Jersey Motor Vehicle Commission"; in the introductory paragraph of (e), inserted a comma following "aide", inserted "to the Department's Criminal Review Unit", and deleted "to the New Jersey Department of Education Criminal Review Unit" following "form"; in (e)1, substituted "Social Security" for "social security"; in (e)5, substituted "Department's" for "New Jersey Department of Education"; in (f), substituted "NJMVC" for "Motor Vehicle Commission"; in (i), updated the N.J.A.C. reference; in the introductory paragraph of (j), deleted "to be school officials" following "considered" and "those" preceding "parts", and inserted "to be school officials"; in (j)1, deleted "in order" following "record" and following "needed"; and in (j)2, deleted a comma following "records".

N.J. Admin. Code § 6A:27-12.2 Accident reporting

(a) Every school bus driver shall immediately inform the principal of the receiving school and the school business administrator of the district board of education providing the transportation following an accident that involves an injury, death, or property damage. The driver shall complete and submit the Commissioner-prescribed preliminary school bus accident report to the principal and school business administrator by the end of the first business day after the accident. The driver shall also file, within 10 days of the accident, the completed Commissioner-prescribed preliminary school bus accident report with the Department.

(b) The district board of education shall also electronically submit the accident information to the Department on the Department-prescribed electronic accident report log.

(c) In addition to the preliminary school bus accident report, the driver of a school bus involved in an accident resulting in injury or death of any person, or damage to property of any one person in excess of $ 500.00, shall complete and file within 10 days after the accident a motor vehicle accident report in accordance with N.J.S.A. 39:4-130.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), inserted "within 10 days of the accident".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote (a) and (b).

N.J. Admin. Code § 6A:27-12.3 Students left on a school bus

(a) Every owner/operator of a school vehicle shall immediately inform the administrator or principal of the receiving school and the chief school administrator of the district board of education providing the transportation, or their designees, following an incident in which it has been determined that a student was left on the school bus at the end of the route. School district or school bus contractor personnel who discover, or to whom it is reported, that a student has been left on a school bus shall immediately report the incident to the owner/ operator of the vehicle.

(b) The chief school administrator, or his or her designee, shall complete the Student Left Unattended On the Bus report prescribed by the Commissioner and submit it to the executive county superintendent within 10 days of the incident.

The executive county superintendent shall submit the completed report to the Office of School Finance and the Office of Student Protection.

History

New Rule, R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-12.4 School district transportation supervisors

(a) For the purposes of this section, "school district transportation supervisor" means an individual employed by a district board of education whose job function includes a majority of the following: the operation of student transportation in the school district; administration, supervision, and evaluation of student transportation and vehicle maintenance personnel; planning and coordinating work schedules for all transportation personnel; the packaging of routes for bidding purposes; administering, monitoring, and overseeing the Federal and State requirements for student transportation in the school district; developing and implementing the school district's student transportation policies and training; regularly monitoring the safe transportation of the school district's students and the maintenance of vehicles; and preparation or submission of district board of education contracts, reports, and other documentation required by this chapter.

(b) A school district transportation supervisor who meets the criteria of (b)1 or 2 below shall be required, as a condition of employment, to provide evidence to the district 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.

A school district transportation supervisor who was employed by a district board of education on January 31, 2019, and has less than 11 years of experience as a school district transportation supervisor shall complete the certification program no later than January 31, 2023.
A school district transportation supervisor who was hired by a district board of education after January 31, 2019, and has less than 11 years of experience as a school district transportation supervisor shall complete the certification program within four years of the date of hire.

(c) The school district transportation supervisor and district board of education shall determine who bears the cost of completing the certification program.

(d) A certified school business administrator employed as the district board of education's school business administrator shall not be required to meet the requirements set forth at (b) above, regardless of whether the individual performs the majority of the job functions at (a) above.

(e) Any school district transportation supervisor certification program designated by the Commissioner shall include courses focused on the statutes and regulations that govern school transportation operations.

History

Adopted by 53 N.J.R. 163(a), effective 2/1/2021

Subchapter 13 GOVERNANCE AND ADMINISTRATION

N.J. Admin. Code § 6A:27-13.1 General authority

(a) The Commissioner shall provide for a thorough evaluation of student transportation operations and fiscal procedures of district boards of education to determine compliance with the provisions of this chapter and N.J.S.A. 18A:39-1 et seq.

(b) The Commissioner may withhold or adjust transportation aid for district boards of education that are noncompliant with the chapter's provisions, such as, but not limited to, the improper award of contracts, use of unauthorized vehicles, or inaccurate data submitted for State aid.

History

Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (a) and (b), deleted "of Education" following "Commissioner"; and in (b), substituted "that" for "which", and inserted a comma following "vehicles".

N.J. Admin. Code § 6A:27-13.2 General school district procedures

District boards of education shall submit to the Department reports necessary for the calculation of State transportation aid and the analysis of the numerical values (cost factors) contained in the transportation aid formula in accordance with N.J.S.A. 18A:7F-57.

History

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Added "school" preceding "district"; in rule heading.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Substituted "N.J.S.A. 18A:7F-57" for "N.J.S.A. 18A:7D-18 and 19".

N.J. Admin. Code § 6A:27-13.3 Regulatory review

(a) The executive county superintendent shall conduct a review of transportation operations of district boards of education in accordance with N.J.A.C. 6A:30 and N.J.A.C. 6A:23A-2.3.

(b) The Office of School Finance shall conduct reviews of the executive county superintendent's administration of student transportation. The review shall include a sampling of records submitted to the executive county superintendent by district boards of education to determine compliance with the chapter's provisions.

(c) The Office of School Finance shall conduct reviews of student transportation procedures, operations, and fiscal records of district boards of education as directed by the Commissioner. The Office of School Finance shall notify the district board of education and executive county superintendent of the findings.

(d) The Office of School Finance shall verify data submitted by district boards of education for State transportation aid.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In (a), inserted "Executive" and substituted "and N.J.A.C. 6A:23-2.3" for "-1.4(a)7"; in (b), (c) and (d), inserted "and Shared Services"; in (b), deleted "quarterly" following "conduct", substituted "Executive County Superintendent's" for "county superintendent's" and inserted the second occurrence of "Executive"; and in (c), deleted "on site annual" following "conduct" and substituted "Executive County Superintendent" for "county superintendent".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-13.4 Corrective action plan

A district board of education found to be deficient as a result of the Office of School Finance review shall submit to the Office and the executive county superintendent a corrective action plan addressing the specific recommendations.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Inserted "and Shared Services" twice and inserted "Executive".
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

N.J. Admin. Code § 6A:27-13.5 Compliance investigation

(a) The Office of Fiscal Accountability and Compliance shall conduct a complete inspection of student transportation procedures, operations, and costs for any district board of education identified as deficient in the administration of student transportation as a result of the Office of School Finance review or Department monitoring process under any one of the following circumstances:

The Office of School Finance review indicates the existence of conditions that may prevent the successful implementation of the corrective action plan required pursuant to N.J.A.C. 6A:27-13.4;
A district board of education fails to implement and adhere to the corrective action plan approved by the executive county superintendent; or
A district board of education fails to achieve compliance as set forth in the corrective action plan.

History

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
In the introductory paragraph of (a) and in (a)1, inserted "and Shared Services"; in (a)2, inserted "Executive"; and in (a)3, updated the N.J.A.C. reference.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote the section.

Chapter 28 SCHOOL ETHICS COMMISSION

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:28-1.1 Scope and purpose

(a) The rules set forth in this chapter have been adopted for the purpose of effectuating the legislative intent of N.J.S.A. 18A:12-21 et seq., the School Ethics Act (P.L. 1991, c. 393), which seeks to ". . . ensure and preserve public confidence . . ." in the integrity of elected and appointed members of a district board of education, members of a board of trustees of a charter school or renaissance school project, and school administrators.

(b) To achieve this goal, the Legislature adopted N.J.S.A. 18A:12-24 and 18A:12-24.1, which prescribe ethical standards by which members of a district board of education, members of a board of trustees of a charter school or renaissance school project, and school administrators are to be guided in the conduct of their offices and positions. The School Ethics Act also created the School Ethics Commission, specifically for the purpose of enforcing the ethical standards through a procedure for reviewing complaints of ethical violations, investigating those complaints, and ultimately rendering recommendations to the Commissioner of Education, as to the imposition of sanctions when violations are established.

History

Amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
In (b), inserted "and N.J.S.A. 18A:12-24.1," following "N.J.S.A. 18A:12-24".
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
In (b), inserted a comma following "goal" and substituted "ethical standards" for "a code of ethics".

N.J. Admin. Code § 6A:28-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise.

"Act" means N.J.S.A. 18A:12-21 et seq., the School Ethics Act (P.L. 1991, c. 393).

"Administrator" means any officer or employee of a school district, charter school, or renaissance school project, but not a member of a district board of education or member of a board of trustees of a charter school or renaissance school project, who:

Holds a position that requires a certificate that authorizes the holder to serve as a school administrator, principal, or school business administrator; or
Holds a position that does not require the person hold any type of certificate, but who is responsible for making recommendations regarding hiring or the purchase or acquisition of any property or services by the school district; or
Holds a position that requires a certificate that authorizes the holder to serve as a supervisor and who is responsible for making recommendations regarding hiring or the purchase or acquisition of any property or services by the school district.

"ALJ" means an administrative law judge assigned to preside over contested cases pursuant to N.J.S.A. 52:14F-1 et seq.

"Benefit" as used in the Act, means direct or indirect advantage, profit, privilege, or gain, whether financial, personal, or otherwise.

"Board member" means any person holding membership, whether by election or appointment, upon being sworn in, on any district board of education.

"Board of trustees" means the public agent authorized to supervise and control a charter school or renaissance school project.

"Board secretary" means the school district employee responsible for fulfilling a district board of education's statutory and regulatory obligations to the School Ethics Commission.

"Censure" means a formal expression of disapproval by the Commissioner of Education for a violation(s) of the Act, which is publicized by the adoption of a formal resolution by the School Ethics Commission, and which is provided to the district board of education or the board of trustees to read and adopt at its next regularly scheduled public meeting. In the case of an officer or employee of the New Jersey School Boards Association, censure means a formal expression of disapproval publicized by the adoption of a formal resolution by the School Ethics Commission at a public meeting.

"Charter school" means a public school established pursuant to N.J.S.A. 18A:36A-1 et seq., that is operated under a charter granted by the Commissioner of Education, that is independent of the district board of education, and that is managed by a board of trustees. Pursuant to N.J.S.A. 18A:12-23.1, the provisions of the Act shall apply to an administrator and a member of a board of trustees of a charter school established pursuant to N.J.S.A. 18A:36A-1 et seq.

"Charter school or renaissance school project designee" means the charter school or renaissance school project employee responsible for fulfilling the statutory and regulatory obligations of the board of trustees to the School Ethics Commission.

"Code of Ethics for School Board Members" means the standards of conduct established pursuant to P.L. 2001, c. 178(N.J.S.A. 18A:12-24.1).

"Commission" means the School Ethics Commission established pursuant to N.J.S.A. 18A:12-27.

"Commissioner" means the Commissioner of Education or the Commissioner's designee.

"Complainant" means the person bringing a complaint of an alleged violation of the Act or the person established as a lead complainant pursuant to N.J.A.C. 6A:28-6.6.

"Day" means a business day when the period specified is less than seven days, and a calendar day when the period specified is seven days or more. Calculations do not include the day from which days are computed, but include the last day of the period. If the last day falls on a Saturday, Sunday, or State holiday, the last day shall be deemed the next business day.

"Dependent child" means any child claimed as a dependent on the board member's, member of a board of trustees', or administrator's Federal or State tax returns.

"Disclosure statements" means the Financial and the Personal/Relative Disclosure Statements that board members, members of a board of trustees, and administrators are required to file annually pursuant to N.J.S.A. 18A:12-25 and 18A:12-26.

"District board of education" means the board of education of a local or regional school district, county special services school district, or county vocational school district; the board of directors of an educational services commission or jointure commission; and the board of education of a school district under State intervention.

"Financial Disclosure Statement" means the statement of personal finances that board members, members of a board of trustees, and administrators are required to file annually pursuant to N.J.S.A. 18A:12-26, and that are based upon the previous year's finances.

"Fine" means a sanction imposed pursuant to N.J.S.A. 18A:12-29(e), for the filing of a frivolous complaint in an amount not to exceed $ 500.00.

"Frivolous complaint" means a complaint determined by the Commission to be:

Commenced, used, or continued in bad faith, solely for the purpose of harassment, delay, or malicious injury; or
One that the complainant knew, or should have known, was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification, or reversal of existing law.

"Income" means income, as defined by the Internal Revenue Service except as otherwise provided at N.J.S.A. 18A:12-26.a(1).

"List of school officials" means the electronic list prepared by each board secretary, or charter school or renaissance school project designee, and provided to the Commission on the dates prescribed in this chapter. This list is a public record and is subject to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

"Member of immediate family" means the spouse, civil union partner, or domestic partner of a school official, or a dependent child residing in the same household as the school official.

"Newly elected or appointed board member" means any board member who has never served as a member of either an elected or appointed district board of education in New Jersey or who has not previously completed a training program prepared and offered by the New Jersey School Boards Association pursuant to N.J.S.A. 18A:12-33.

"OAL" means the Office of Administrative Law established pursuant to N.J.S.A. 52:14F-1 et seq.

"Party" means a person who is designated on record as a complainant or respondent or the Commission.

"Penalty" or "sanction" means the form of discipline that the Commission recommends to the Commissioner. Penalties include reprimand, censure, suspension, or removal of a board member, a member of a board of trustees, or an administrator.

"Person" means a human being, and does not include district boards of education, boards of trustees, labor organizations, or school districts.

"Personal/Relative Disclosure Statement" means the statement that board members, members of a board of trustees, and administrators are required to file annually pursuant to N.J.S.A. 18A:12-25.

"Prohibited acts" means the forbidden conduct set forth for board members, members of a board of trustees, and administrators at N.J.S.A. 18A:12-24.

"Recuse" means to formally disqualify and remove oneself from participating in a matter, including, without limitation, discussions and/or votes, because of a conflict of interest.

"Relative" means an individual's spouse, civil union partner pursuant to N.J.S.A. 37:1-33, domestic partner as defined at N.J.S.A. 26:8A-3, or the parent, child, sibling, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, or half-sister of the individual or the individual's spouse, civil union partner, or domestic partner, whether the relative is related to the individual or the individual's spouse, civil union partner, or domestic partner by blood, marriage, or adoption.

"Remedy" means the actions that the Commission may take for violations of the Act or this chapter and include, without limitation, the issuance of an Order to Show Cause, referral to another New Jersey Department of Education office for appropriate action, the issuance of a complaint, the filing of a cause of action, or the recommendation of an appropriate penalty to the Commissioner.

"Removal" means a form of penalty imposed for a violation(s) of the Act that results, following adoption by the Commissioner, in the immediate termination of a board member's or a member of a board of trustees' membership. For administrators, removal means a form of penalty that results, following adoption by the Commissioner, in termination of employment.

"Renaissance school project" means a school or group of schools established pursuant to N.J.S.A. 18A:36C-1 et seq., operated under a Commissioner-approved contract with a school district, independent of the district board of education, and managed by a board of trustees. Pursuant to N.J.A.C. 6A:31-7.2, the members of a renaissance school project board of trustees, as well as the administrators of a renaissance school project, are considered school officials who are required to abide by the Act and its implementing rules.

"Reprimand" means a form of penalty that declares the conduct of a board member, a member of a board of trustees, or an administrator violated the standards of conduct prescribed by the Act, but does not result in the publication or the adoption of a formal resolution by the Commission.

"Respondent" means the board member, the member of a board of trustees, or the administrator against whom a complaint is made pursuant to the Act.

"School district" means any local or regional school district, charter school, or renaissance school project established pursuant to N.J.S.A. 18A:8-1 et seq., 18A:13-1 et seq., 18A:36A-1 et seq., and 18A:36C-1 et seq., and includes, but is not limited to, jointure commissions, county vocational school districts, county special services districts, educational service commissions, educational research and demonstration centers, environmental education centers, and educational information and resource centers.

"School official" means a board member, a member of the board of trustees, an administrator, or an employee or officer of the New Jersey School Boards Association, but not including any member of the secretarial, clerical, or maintenance staff.

"Spouse" means the person to whom the school official is legally married under New Jersey law, and also includes a partner in a civil union as established at N.J.S.A. 37:1-33, or a domestic partner as established at N.J.S.A. 26:8A-1 et seq.

"Suspension" means a form of penalty imposed for a violation(s) of the Act that results in a school official being barred from engaging in any activity and/or matter related to the school official's position for a designated period of time.

"Trustee" means any person holding membership, upon being sworn in, on any board of trustees of a school district, charter school, or renaissance school project. For the purposes of this chapter, "trustee" includes members of any other board established to be the public agent authorized by the State Board of Education to supervise and control a school district through its administrative personnel.

History

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
In "Administrator", inserted a reference to charter schools in the introductory paragraph; rewrote "Censure", "Reprimand" and "School official"; inserted "Dependent child"; in "Member of the immediate family", deleted a former second sentence; in "Related to the school official by marriage", inserted a reference to sons-in-law and daughters-in-law; in "Relative", substituted a reference to school officials for a reference to school districts; in "Respondent", substituted a reference to school officials for a reference to board members and administrators; and in "Spouse", deleted "under New Jersey law" at the end.
Amended by R.2002 d.397, effective 12/16/2002.
See: 34 N.J.R. 3158(a), 34 N.J.R. 4434(a).
Added "Code of Ethics", and "Prohibited acts".
Amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
In the introductory paragraph, substituted "chapter" for "subchapter"; added "Board of trustees", "Charter school", "Charter school designee", "Fine", "Frivolous complaint" and "Removal"; amended "ALJ", "Censure", "Commission", "Financial Disclosure Statement", "Newly elected or appointed board member", "OAL", "Personal/Relative Disclosure Statement", "Reprimand", "School official" and "Spouse".
Amended by R.2007 d.247, effective 8/20/2007.
See: 39 N.J.R. 821(a), 39 N.J.R. 3513(a).
In definition "Spouse", inserted "and also includes a partner in a civil union couple as established in P.L. 2006, c. 103".
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Added definitions "Act", "Benefit", "Day", "Party" and "Person"; in definition "Charter school designee", substituted "statement" for "forms"; in definition "Complainant", inserted "or the person established as a lead complainant pursuant to N.J.A.C. 6A:28-6.6"; rewrote definitions "Member of the immediate family", "Personal/Relative Disclosure Statement" and "Relative"; deleted definition "Related to the school official by marriage"; and in definition "Spouse", substituted "N.J.S.A. 37:1-33" for " P.L. 2006, c. 103".

N.J. Admin. Code § 6A:28-1.3 Functions and authority of the Commission

(a) Pursuant to the provisions of the Act, the Commission shall:

Prescribe disclosure statements, in accordance with N.J.S.A. 18A:12-25 and 18A:12-26, to be filed by all school officials on or before April 30 of each year, or at such other times as this chapter may require;

Appoint professional and clerical staff and incur expenses as may be necessary to carry out the provisions of the Act within the limits of funds appropriated or otherwise made available to the Commission. All appointments shall be made in accordance with the provisions of Title 11A of the New Jersey Statutes;

Issue advisory opinions, pursuant to N.J.S.A. 18A:12-31;
Process and investigate complaints raised pursuant to N.J.S.A. 18A:12-29 and conduct hearings, as may be necessary;
Administer the receipt and retention of disclosure statements as required by the Act;
Have the authority to issue Orders to Show Cause, and compel the attendance of witnesses and the production of documents as the Commission deems necessary and relevant to carrying out its duties pursuant to the Act;
Have the authority to issue and enforce an Order to Show Cause for failure to file required disclosure statements, and failure to complete required ethics training;
Be empowered, along with the persons appointed by the Commission, to administer oaths and examine witnesses under oath;
Have the authority, by resolution adopted by the Commission, to designate an authorized individual, on behalf of the Commission, to do the following:

i. Issue an Order to Show Cause for the failure of a school official to file disclosure statements as required at N.J.S.A. 18A:12-25 and 18A:12-26;

ii. Issue an Order to Show Cause for the failure of a board member or trustee to fulfill the training requirements at N.J.S.A. 18A:12-33, in accordance with N.J.A.C. 6A:28-1.6(a)1 and 2;

iii. Issue an Order to Show Cause for a violation(s) of the Act that, in the discretion of the Commission, requires immediate review and adjudication;

iv. Deny a request for an advisory opinion, in accordance with N.J.A.C. 6A:28-5.2(c)3;

v. Consolidate complaints, designate lead complainants, and/or share information about a complaint as permitted at N.J.A.C. 6A:28-6.6;

vi. Direct that a complaint be amended in order to comply with requirements as set forth at N.J.A.C. 6A:28-6.3 and deny permission for an amendment where an Answer has already been filed;

vii. Issue a subpoena on behalf of the Commission to compel the attendance of a person to testify or to produce documents, as deemed necessary to a matter pending before the Commission, in accordance with N.J.A.C. 6A:28-8.1(a);

viii. Grant or deny requests for extensions to file submissions, as set forth at N.J.A.C. 6A:28-7.4 and 9.7;

ix. Administratively dismiss a complaint, in accordance with N.J.A.C. 6A:28-9.2;

x. Adjourn a hearing, in accordance with N.J.A.C. 6A:28-9.9;

xi. Perform other managerial or administrative functions not specified in the resolution; and

xii. Provide the Commission with a summary of the actions taken pursuant to this section on a monthly basis; and

Recommend to the Commissioner the reprimand, censure, suspension, or removal of a school official found to have violated the Act.

History

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Rewrote (a)4.
Amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Rewrote the section.
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
In (a)4; deleted "to determine whether probable cause exists to credit the allegations raised in any complaint brought before it" from the end; in (a)5, deleted the last sentence; and in (a)6, inserted "to issue Orders to Show Cause, and".

N.J. Admin. Code § 6A:28-1.4 Jurisdiction of the Commission

(a) The Commission shall have jurisdiction over matters arising under the Act. The Commission shall not receive, hear, or consider any pleadings, motion papers, or documents of any kind relating to any matter that does not arise pursuant to the Act.

(b) A Commission member shall not participate in any proceedings on a complaint against a school official in a school district, a charter school, or a renaissance school project in which the Commission member serves, or by which the Commission member is employed. A Commission member also shall not participate in any proceedings on a complaint in which the Commission member or a member of their immediate family has a personal or financial involvement.

History

Recodified in part to N.J.A.C. 6A:28-2.1 through 6A:28-2.4 by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Section was "By-laws of the School Ethics Commission".
New Rule, R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Section was "Reserved".

N.J. Admin. Code § 6A:28-1.5 Abeyance

Pursuant to N.J.S.A. 18A:12-32, the Commission shall not process any complaint nor issue a final ruling or advisory opinion where the subject matter of the complaint or advisory opinion is pending in any court of law or administrative agency of this State. The Commission shall place the matters in abeyance and notify the parties, accordingly.

History

Recodified in part to N.J.A.C. 6A:28-3.1 through 6A:28-3.4 by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Section was "Filing of disclosure statements and procedures in the event of incomplete filing or failure to file disclosure statements".
New Rule, R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Section was "Reserved".

N.J. Admin. Code § 6A:28-1.6 Order to Show Cause

(a) If, in the course of implementing and enforcing the Act, the Commission becomes aware of facts that appear to indicate that a school official has violated the Act or this chapter, the Commission may issue an Order to Show Cause as to why the school official should not be found in violation of the Act or this chapter, and provide the school official an opportunity to respond. A statement of the factual details and findings, if applicable, supporting the charge shall accompany the order. This procedure shall not preclude the filing of a complaint. An Order to Show Cause shall be appropriate in, but not limited to, the following circumstances:

Failure of a school official to file disclosure statements as required at N.J.S.A. 18A:12-25 and 26;
Failure of a board member or a trustee to fulfill the training requirements at N.J.S.A. 18A:12-33; or
When the Commission, on its own initiative, has determined that a complaint is frivolous.

(b) Where an Order to Show Cause is issued, the school official shall have 20 days to submit a response, in writing, under oath as to why the school official should not be found in violation of the Act or this chapter.

(c) Upon receipt of the response to the Order to Show Cause or upon expiration of the 20-day time period for filing, the Commission may proceed to a determination of a violation on a summary basis.

The Commission may conduct an investigation and/or hearing when the Commission deems it necessary because material facts are in dispute, and a review on a summary basis is not appropriate.

History

Recodified in part to N.J.A.C. 6A:28-4.1 and 6A:28-4.2 by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Section was "Board member training".
New Rule, R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Section was "Reserved".

N.J. Admin. Code § 6A:28-1.7 Proof of service

(a) Proof of service shall be in the form of one of the following:

An acknowledgement of service signed by the attorney or the attorney's designee for each party or signed and acknowledged by the party or agent thereof, indicating the address at which each party was served;

An affidavit of the person making service, sworn or affirmed to be true, indicating the address at which each party was served;

A certification indicating the address at which each party was served and meeting the requirements of New Jersey Court Rules at R. N.J.S.A. 1:4-4(b);
A copy of the receipt for certified mailing or delivery by messenger. The return receipt card ("green card") is not required for proof of service of certified mailing; or
A copy of the email address at which a party was served, along with a copy of the "delivered" and/or "read" receipt.

(b) The Commission shall serve the complaint on the respondent(s) after the Commission determines that the contents of the complaint comply with the format set forth at N.J.A.C. 6A:28-6.3.

(c) After service of the complaint by the Commission, all filings shall be served by the filing party on their adversary in the same manner as the Commission was served, and proof of service shall be provided to the Commission.

History

Recodified in part to N.J.A.C. 6A:28-5.1 and 6A:28-5.2 by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Section was "Advisory opinions".
New Rule, R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Section was "Reserved".

N.J. Admin. Code § 6A:28-1.8 Relaxation of rules

(a) The rules in this chapter shall be considered general rules of practice to govern, expedite, and effectuate the Commission's implementation and enforcement of the Act. Rules that do not reflect a specific statutory requirement or an underlying rule of the OAL may be relaxed or dispensed with by the Commission, in its discretion, in any case where a strict adherence thereto may be deemed inappropriate or unnecessary or may result in injustice.

(b) The Commission maintains the authority to provide, in extraordinary circumstances, relief to school officials who are unable to comply with the requirements of this chapter. Extraordinary circumstances include, without limitation, when a school official is engaged in military service or is gravely ill. The issuance of extraordinary relief does not relieve the school official from compliance once the period of relief expires.

History

Recodified in part to N.J.A.C. 6A:28-6.1 and 6A:28-6.2 by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Section was "Filing and service of a complaint".
New Rule, R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Section was "Reserved".

N.J. Admin. Code § 6A:28-1.9 Reserved

History

Recodified to N.J.A.C. 6A:28-6.3 by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Section was "Complaint form".

N.J. Admin. Code § 6A:28-1.10 Reserved

History

Recodified to N.J.A.C. 6A:28-6.4 by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Section was "Answer to complaint".

N.J. Admin. Code § 6A:28-1.11 Reserved

History

Recodified to N.J.A.C. 6A:28-6.5 by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Section was "Answer to complaint alleging violation of the Code of Ethics".

N.J. Admin. Code § 6A:28-1.12 Reserved

History

Recodified to N.J.A.C. 6A:28-6.6 by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Section was "Commission review of complaints under the School Ethics Act or the Act and the Code of Ethics".

N.J. Admin. Code § 6A:28-1.13 Reserved

History

Recodified to N.J.A.C. 6A:28-6.8 by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Section was "Commission review of complaints alleging a violation of the Code of Ethics only".

N.J. Admin. Code § 6A:28-1.14 Reserved

History

Recodified to N.J.A.C. 6A:28-6.7 by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Section was "Proceedings after finding of probable cause".

N.J. Admin. Code § 6A:28-1.15 Reserved

History

Recodified to N.J.A.C. 6A:28-6.9 by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Section was "Written decision".

N.J. Admin. Code § 6A:28-1.16 Reserved

History

Recodified to N.J.A.C. 6A:28-6.10 by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Section was "Sanction".

Subchapter 2 BYLAWS OF THE COMMISSION

N.J. Admin. Code § 6A:28-2.1 Members

The Commission shall consist of nine members appointed for three-year terms in the configuration and manner prescribed by the Act.

History

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 New Jersey Register 4166(a), 32 New Jersey Register 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.4(a) by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).

N.J. Admin. Code § 6A:28-2.2 Chairperson

(a) In accordance with the provisions of the Act, the Commission shall elect, by majority vote, one member to serve as chairperson for a term not to exceed one year. There is no limit to the number of terms a chairperson may serve.

(b) Should the chairperson resign or otherwise be unable to complete the term, the remaining Commission members shall elect, by majority vote, a chairperson from among their membership to serve the remainder of the unexpired term.

(c) Should the chairperson be unable to attend any regular or special meeting of the Commission, the Commission shall select, by majority vote of the quorum present, a temporary chairperson to preside over the meeting.

(d) The chairperson shall preside over the meetings of the Commission and shall perform all duties incidental to that office. The chairperson shall be ex officio a member of all committees, except the nominating committee.

(e) The chairperson shall serve a one-year term that shall commence on July 1 of each year.

(f) The chairperson shall appoint the members of all committees.

History

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 New Jersey Register 4166(a), 32 New Jersey Register 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.4(a)1 through 6A:28-1.4(a)5 and amended by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Recodified former (a)1 as (a) and added the last sentence; recodified former (a)2 and (a)3 as (b) and (c); recodified former (a)4 as (d) and added the last sentence; recodified former (a)5 as (e); added (f).

N.J. Admin. Code § 6A:28-2.3 Meetings

(a) Parliamentary procedures in meetings of the Commission shall be governed by Robert's Rules of Order Newly Revised (10th Edition), which is incorporated herein by reference as amended and supplemented and a copy of which can be obtained from Perseus Publishing, Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge, MA 02142.

(b) Regular monthly meetings shall be held at the time and the place and on the dates established by the Commission. Public notice of the regular meetings shall be made, in accordance with the Senator Byron M. Baer Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 et seq.

(c) Special meetings may be called by the Commission chairperson at any time, or at the request of any three members. When possible, three days' notice of any special meeting shall be given to each member. Public notice of special meetings shall be made in accordance with the OPMA.

(d) A quorum shall consist of a majority of the authorized membership of the Commission reduced by any vacancy(ies).

(e) If a member of the Commission misses three consecutive public monthly meetings without good cause, the Commission shall determine, by majority vote, whether to recommend the removal of the member to the Governor.

(f) At the discretion of the chairperson, members may attend regular monthly meetings or special meetings by telephone, or by a live video, or audio platform that can also be accessed by the public.

History

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 New Jersey Register 4166(a), 32 New Jersey Register 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.4(b) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Added (a); recodified former (b)1 and (b)2 as (c) and (d); added (e).

N.J. Admin. Code § 6A:28-2.4 Committees

(a) The Commission shall act as a committee of the whole.

(b) The chairperson shall select, at the Commission's May meeting, a nominating committee of three persons whose function it shall be to select a nominee for chairperson. The nominating committee shall present its nominee to the Commission at its June meeting for approval.

(c) The chairperson may appoint special committees to consider and make recommendations to the Commission on any matter, and will designate a special committee chairperson for each special committee.

(d) Special committee meetings will be held on the dates, and at the times, as determined by the special committee chairperson.

History

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 New Jersey Register 4166(a), 32 New Jersey Register 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.4(c) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 New Jersey Register 2285(a), 36 New Jersey Register 4453(a).
Recodified the introductory paragraph of former (c) as (a), and recodified former (c)1 and (c)2 as (b) and (c) respectively.

Subchapter 3 FILING OF DISCLOSURE STATEMENTS

N.J. Admin. Code § 6A:28-3.1 Procedures for filing of disclosure statements

(a) On or before April 30 of each year, or as otherwise provided in this chapter, all returning school officials who filed disclosure statements in the same school district, charter school, or renaissance school project, in the previous year, shall electronically file disclosure statements that are complete and accurate.

School officials shall complete their disclosure statements based upon financial information from the preceding calendar year.
Responses on the disclosure statements shall initially be reviewed by the board secretaries, or the charter school or renaissance school project designees, and then will be approved by the executive county superintendent or the Commission's staff.

(b) All disclosure statements filed in accordance with the Act and this chapter shall be public records, and will be available on the Commission's website.

(c) New board members in Type I school districts appointed to take office, or appointed to fill vacancies, shall electronically file the disclosure statements within 30 days of being sworn in. The board secretaries shall add the names of these school officials to the list of school officials once they are sworn in.

(d) New board members in Type II school districts elected to their positions in a school election, or appointed to fill vacancies, shall electronically file the required disclosure statements within 30 days of being sworn in. The board secretaries shall add the names of these school officials to the list of school officials once they are sworn in.

(e) Pursuant to N.J.S.A. 18A:12-23.1, 18A:36A-1 et seq., and 18A:36C-1 et seq., trustees shall electronically file the required disclosure statements within 30 days after the granting of the charter or establishment of the renaissance school project. Thereafter, any newly appointed trustee shall electronically file disclosure statements within 30 days of being sworn in. The charter school or renaissance school project designees shall add the names of the new trustees to the list of school officials once they have been sworn in.

(f) New administrators appointed to fill vacancies after the April 30 filing date shall electronically file the required disclosure statements within 30 days of the first date of their employment. The board secretaries and the charter school and renaissance school project designees shall add the names of the new administrators to the list of school officials once they have begun employment.

(g) New officers and employees of the New Jersey School Boards Association who must comply with N.J.S.A. 18A:12-25 and 18A:12-26, shall electronically file their disclosure statements within 30 days of the first date of their employment. The New Jersey School Boards Association shall designate a current employee of its organization to ensure and fulfill the organization's statutory and regulatory obligations to the Commission.

(h) Each school official shall have an affirmative responsibility to confirm with the board secretary, or the charter school or renaissance school project designee, that the school official's name has been added to the list of school officials within the time period set forth in this section, and that the school official's name continues to appear on the list of school officials for as long as the individual remains a school official.

History

Amended by R.1999 d.342, effective 10/4/1999.
See: 31 N.J.R. 1662(a), 31 N.J.R. 2917(a).
In ( l), updated references.
Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.5(a) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
In (a), inserted "executive" twice and inserted "their local board secretaries or charter school designees who shall file the original disclosure statements with"; in (b), deleted the former first sentence and added the last sentence; and in (f), substituted "statements" for "forms".

N.J. Admin. Code § 6A:28-3.2 Duties of district boards of education and charter school or renaissance school project boards of trustees

(a) To comply with the filing requirement for returning school officials, each board secretary, and charter or renaissance school project designee, shall create a list of school officials, on or before February 1 of each year. The list of school officials shall include the name, telephone number, and email address of each returning school official, by office and position, who is required to file disclosure statements.

(b) If a new school official is elected or appointed before April 1, the board secretary, or the charter school or renaissance school project designee, shall do the following:

Add the new school official to the February list of school officials;
Ensure that the school official receives instructions on how to complete the disclosure statements; and
Ensure that the school official files the disclosure statements within 30 days of being sworn in.

(c) If a new school official is elected or appointed on or after April 1, the board secretary, or the charter school or renaissance school project designee, shall do the following:

Add the new school official to the June list of school officials;
Ensure that the school official receives instructions on how to complete the disclosure statements; and

Ensure that the school official files the disclosure statements within 30 days of being sworn in.

(d) On or before April 30 for school officials who are on the February list of school officials, and on or before November 15 for school officials who are on the June list of school officials, the board secretary, or the charter school or renaissance school project designee, shall review the disclosure statements to ensure that all filings are complete, and all questions have been answered. Once the board secretary, or the charter school or renaissance school project designee, completes this review, the disclosure statements will be submitted to the executive county superintendent for final review and approval.

(e) Annually, within 10 calendar days of April 30, the board secretary or the charter school or renaissance school project designee shall provide to the executive county superintendent a written list of school officials who failed to file disclosure statements.

(f) The board secretary, or the charter school or renaissance school project designee, shall review the disclosure statements to identify conflicts of interest. To the extent a website is maintained, the board secretary, or the charter school or renaissance school project designee, shall post a link on the school district's, charter school's, or renaissance school project's website to each school official's most recently filed disclosure statement as it appears on the Commission's website. The link shall be posted on the same webpage as the contact information for each school official or on a stand-alone webpage for all school officials.

History

Amended by R.1999 d.342, effective 10/4/1999.
See: 31 N.J.R. 1662(a), 31 N.J.R. 2917(a).
In ( l), updated references.
Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.5(b) through 6A:28-1.5(h) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Inserted "executive" throughout; in (a), substituted "or" for "and" following "secretary", inserted "written" and substituted "file with" for "cause to be developed and transmitted to"; in (b) through (e), substituted "file with" for "inform"; in (b) through (d), inserted "a written list"; in (c) and (d), substituted "names of the newly appointed" for "appointment of new"; in (e), substituted "a written list" for "of the appointment" and "newly appointed" for "new"; added new (f); recodified former (f) and (g) as (g) and (h); in (g), substituted "or" for "and" preceding "charter school", "statements" for "forms" and "statement" for "form to assure that both required forms have been filed and that all questions have been answered or indicated as not being applicable"; added (g)1; and in (h), substituted "Annually, within 10 calendar days of April 30, the" for "The" at the beginning, and inserted "a written list of" and ", home addresses and positions".

N.J. Admin. Code § 6A:28-3.3 Procedures in the event of failure to file disclosure statements

(a) Failure to timely complete and file disclosure statements shall constitute a violation of the Act, and may result in the reprimand, censure, suspension, or removal of a school official.

(b) If a school official fails to timely complete and file the disclosure statements, the Commission may issue an Order to Show Cause pursuant to the provisions at N.J.A.C. 6A:28-1.6.

(c) Unless good cause is shown or the school official previously has been the subject of an Order to Show Cause, the Commission shall recommend that a school official who completes the disclosure statements after the issuance of an Order to Show Cause, but before the Commission issues its decision, receives a censure.

(d) Unless good cause is shown or the school official previously has been the subject of an Order to Show Cause, the Commission shall recommend that a school official who completes and files the disclosure statements after the Commission issues its decision, but before the Commissioner issues a final decision, receives a suspension for 30 days. The Commission will recommend this penalty only if the school official notifies the Commission, in writing, that the school official successfully completed and filed the disclosure statements before the Commissioner issues a final decision. If the school official does not provide such notification, the Commission will recommend a suspension for 60 days.

(e) Unless good cause is shown, the Commission shall recommend that a school official who fails to complete and file the disclosure statements after the Commission issues its decision and has not filed the disclosure statements as of the date the Commissioner issues a final decision, be removed from the school official's position.

(f) After the Commissioner imposes a penalty, the Commission shall adopt a resolution affirming the penalty. The resolution shall be read by the district board of education or the board of trustees at the beginning of its next regularly scheduled public meeting, and memorialized in the minutes of the meeting.

Once the minutes are approved, the district board of education or the board of trustees shall forward a copy of the minutes to the Commission.

i. If the minutes are not forwarded to the Commission by the district board of education or the board of trustees, the Commission shall have the authority to seek any penalty and/or remedy authorized by this chapter against an appropriate school official.

The district board of education or the board of trustees shall also post the resolution for a period of no less than 30 days in such places where public notices are posted.
The resolution shall also be published on the school district's, the charter school's, or the renaissance school project's website, if available, for a period of no less than 30 days.

History

Amended by R.1999 d.342, effective 10/4/1999.
See: 31 N.J.R. 1662(a), 31 N.J.R. 2917(a).
In ( l), updated references.
Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.5(i) through 6A:28-1.5(k) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Recodified former (i) as (a) and rewrote the paragraph; recodified former (j) as (b); recodified former (k) as (c), inserted "20-day" preceding "time period" and inserted "of probable cause" following "determination" in the first sentence.
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
In (a), inserted "timely" and substituted "may" for "shall"; rewrote (b); and deleted (c).

N.J. Admin. Code § 6A:28-3.4 Procedures in the event of incomplete filing

(a) If a board secretary, or a charter school or renaissance school project designee, determines that a school official's disclosure statements are incorrect or incomplete, the board secretary, or charter school or renaissance school project designee, shall return the disclosure statements to the school official. The school official shall have 20 days from receipt of the returned filing to correct and/or complete the disclosure statements and resubmit them to the board secretary, or the charter school or renaissance school project designee. The board secretary, or the charter school or renaissance school project designee, then shall file the corrected or completed disclosure statements with the executive county superintendent.

(b) If the executive county superintendent determines that a school official's disclosure statements are incorrect and/or incomplete, the executive county superintendent shall return the disclosure statements to the board secretary, or the charter school or renaissance school project designee, who then shall return the disclosure statements to the school official. The school official shall have 20 days from receipt of the returned filing to correct and/or complete the disclosure statements and resubmit them to the board secretary, or the charter school or renaissance school project designee, who then shall file the corrected and/or completed disclosure statements with the executive county superintendent.

(c) If a school official fails to resubmit corrected and/or completed disclosure statements after 20 days, the Commission may issue an Order to Show Cause pursuant to the provisions at N.J.A.C. 6A:28-1.6.

(d) If a response is not received within the 20-day period, or if the school official fails to properly file, the Commission may regard the school official's incomplete filing as a failure to file, and the Commission shall proceed in accordance with N.J.A.C. 6A:28-3.3.

History

Amended by R.1999 d.342, effective 10/4/1999.
See: 31 N.J.R. 1662(a), 31 N.J.R. 2917(a).
In ( l), updated references.
Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.5( l) and 6A:28-1.5(m) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
In former ( l), recodified the first sentence as (a), the second sentence as (b), and the third sentence as (c), inserted "of probable cause pursuant to the procedures set forth in N.J.A.C. 6A:28-3.3", and deleted the last sentence; deleted former (m).
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Rewrote (a) and (b); and deleted (c).

Subchapter 4 BOARD MEMBER AND CHARTER SCHOOL OR RENAISSANCE SCHOOL PROJECT TRUSTEE TRAINING

N.J. Admin. Code § 6A:28-4.1 Training requirement

(a) Within the first 90 days of a new board member's or a new trustee's first term, the board member or trustee shall complete a training program prepared and offered by the New Jersey School Boards Association. The training shall include instruction relative to the board member's or trustee's responsibilities pursuant to the Act.

(b) Each board member and trustee shall complete, in both the second and third years of the member's or trustee's first term, a training program to be prepared and offered by the New Jersey School Boards Association. The training program shall include information on school district governance.

(c) Within one year after each reelection or reappointment to the district board of education or the board of trustees, each board member or trustee shall complete an advanced training program to be prepared and offered by the New Jersey School Boards Association. The training shall include information on relevant changes to New Jersey school law and other information deemed appropriate to enable the board member or the trustee to serve most effectively.

History

Amended by R.1999 d.342, effective 10/4/1999.
See: 31 N.J.R. 1662(a), 31 N.J.R. 2917(a).
In (a), deleted "full" preceding "term".
Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.6(a) by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
In (a), substituted "service" for "first term" and deleted "School Ethics" preceding "Act"; and added (b) and (c).

N.J. Admin. Code § 6A:28-4.2 Procedures for compliance

(a) Each board secretary, and charter school or renaissance school project designee, shall provide written notice to the New Jersey School Boards Association and the Commission when a new board member or trustee is elected or appointed, when a board member or a trustee is reelected or reappointed, when a board member or a trustee resigns or is removed, and when the term of a board member or a trustee expires. All written notifications must be provided to the New Jersey School Boards Association and the Commission within 30 days of occurrence. Failure to do so may result in the Commission seeking an appropriate remedy.

The board secretary, or the charter school or renaissance school project designee, shall provide the New Jersey School Boards Association with the name, school address, telephone number, and email address of each board member or trustee. Should this information change, the board secretary, or the charter school or renaissance school project designee, shall provide updated information to the New Jersey School Boards Association within 30 days of its occurrence.

(b) The New Jersey School Boards Association shall provide written notice to the board secretary, or the charter school or renaissance school project designee, when a board member or a trustee has attended a training program that satisfies the training requirements.

(c) By January 1 of the second calendar year for board members elected in November, April 1 of the first calendar year for board members elected in April, and July 1 for charter school and renaissance school project trustees, the New Jersey School Boards Association shall provide the Commission with the names of the board members and the trustees who have not fulfilled the training requirements, as required by the Act and this chapter.

(d) Board members and trustees who fail to comply with the training requirements shall be considered in violation of N.J.S.A. 18A:12-33, and the Commission shall proceed in conformance with the procedures set forth at N.J.A.C. 6A:28-1.6.

History

Amended by R.1999 d.342, effective 10/4/1999.
See: 31 N.J.R. 1662(a), 31 N.J.R. 2917(a).
In (a), deleted "full" preceding "term".
Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Rewrote the section.
Recodified from N.J.A.C. 6A:28-1.6(b) through 6A:28-1.6(e) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Recodified former (b) through (d) as (a) through (c); recodified former (e) as (d) and amended the N.J.A.C. reference.
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Rewrote (a); in (b), substituted "or" for "and" following "secretary" and "requirements" for "mandate", and deleted "newly elected or appointed" preceding "board member"; in (c), inserted a comma following "year", and substituted "requirements" for "mandate for the previous filing period"; and in (d), substituted "requirements" for "mandate" and "may" for "shall", and updated the N.J.A.C. reference.

N.J. Admin. Code § 6A:28-4.3 Penalties for non-compliance

(a) If a board member or a trustee fails to complete training as required by this chapter, the Commission shall issue an Order to Show Cause pursuant to the provisions at N.J.A.C. 6A:28-1.6.

(b) Unless good cause is shown or the school official previously has been the subject of an Order to Show Cause, the Commission shall recommend that a board member or a trustee who completes training after the issuance of an Order to Show Cause, but before the Commission issues its decision, receives a censure.

(c) Unless good cause is shown or the school official previously has been the subject of an Order to Show Cause, the Commission shall recommend that a board member or a trustee who completes training after the Commission issues its decision, but before the Commissioner issues a final decision, receives a suspension for 30 days. The Commission will recommend this penalty only if the board member or the trustee provides to the New Jersey School Boards Association and the Commission, written notice that the board member or the trustee successfully completed training and provides the written notice before the Commissioner issues a final decision. If the board member or the trustee does not provide such written notification, the Commission will recommend a suspension for 60 days.

(d) Unless good cause is shown, the Commission shall recommend that a board member or a trustee who fails to complete training after the Commission issues its decision, and after the Commissioner issues a final decision, be removed from the board member's or trustee's position.

(e) If the Commissioner imposes a penalty for non-compliance with this subchapter, the Commission shall adopt a resolution affirming the penalty. The resolution shall be read by the district board of education or the board of trustees at the beginning of its next regularly scheduled public meeting and shall be memorialized in the minutes of the meeting.

Once the minutes are approved, the district board of education or the board of trustees shall forward a copy of the minutes to the Commission.

The district board of education or the board of trustees shall also post the resolution for a period of no less than 30 days in such places where public notices are posted.
The resolution shall also be published on the school district's, or the charter school's or renaissance school project's website, if available, for a period of no less than 30 days.

History

Adopted by 55 N.J.R. 359(b), effective 3/6/2023

Subchapter 5 ADVISORY OPINIONS

N.J. Admin. Code § 6A:28-5.1 Entitlement to an advisory opinion

Any school official, or an attorney on the school official's behalf, may request and obtain an advisory opinion from the Commission as to whether any proposed conduct or activity of a school official within the same school district, charter school, or renaissance school project as that in which the school official serves, would constitute a violation of the Act in the Commission's opinion. If an attorney files a request on behalf of a school official, the request shall provide the name of the school official who is the subject of the request, as well as the school official's school district, charter school, or renaissance school project.

History

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Inserted a new (c); recodified former (c) through (h) as (d) through (i); and in the new (e), inserted "opinion" following "advisory".
Recodified from N.J.A.C. 6A:28-1.7(a) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
In former (a), deleted designation, inserted "and obtain" preceding "an advisory opinion" and inserted "in its opinion" preceding "constitute a violation".
Amended by R.2007 d.247, effective 8/20/2007.
See: 39 N.J.R. 821(a), 39 N.J.R. 3513(a).
Inserted "of a school official".

N.J. Admin. Code § 6A:28-5.2 Procedures for requesting and receiving an advisory opinion

(a) Requests for advisory opinions shall clearly set forth in detail the anticipated future conduct or activity the school official seeks to undertake and the exact role the school official anticipates having in that activity or conduct, as well as the anticipated date(s) the prospective activity is to occur or begin.

The request shall include a statement that the school official has reviewed the public advisory opinions available on the Commission's website, and the concern raised in the request has not already been addressed by the Commission in an existing advisory opinion.
Upon receipt of a request for an advisory opinion, the Commission may copy the attorney who represents the district board of education or the board of trustees on the Commission's response to the request.

(b) A school official may seek an advisory opinion from the Commission as to the proposed conduct of another school official, but the requesting school official shall provide proof of service pursuant to N.J.A.C. 6A:28-1.7 to show that the school official whose proposed activity or conduct is in question has been copied on the request. The school official whose conduct is in question will then have 10 days from receipt of the advisory opinion request to respond.

During the course of any staff work and/or Commission deliberation regarding the request for an advisory opinion, the request shall be identified for purposes of public access only by file number and not by the name(s) of school official(s) involved.
Information regarding any request for an advisory opinion shall not be made public by the Commission unless the information is incorporated into the advisory opinion and made public, in accordance with (e) below.
The Commission may decline to accept an advisory opinion request where public advisories sufficiently address the questions raised in the advisory opinion request, where the request does not meet the requirements of this subchapter, or where the Commission has determined there is insufficient time to consider and respond to the request before the proposed activity occurs.

(d) The Commission or its staff may require additional information from the school official or attorney seeking an advisory opinion or require the school official's appearance before the Commission or its staff.

(e) Advisory opinions issued by the Commission shall not be made public unless six members vote to direct the opinion to be made public.

Advisory opinions made public by the Commission shall delete the name and school district of the school official requesting the advisory opinion, as well as any other information that would identify the district board of education, the board of trustees, or the school official.

History

Amended by R.2000 d.139, effective 4/3/2000.
See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a).
Inserted a new (c); recodified former (c) through (h) as (d) through (i); and in the new (e), inserted "opinion" following "advisory".
Recodified from N.J.A.C. 6A:28-1.7(b) through 6A:28-1.7(i) and amended by R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Recodified former (b) as (a); recodified former (c) as (b) and rewrote the paragraph; recodified former (d) as (c) and deleted "and (f)" preceding "below" in 2; recodified former (e), (f), (g) and (h) as (d), (e), (e)1 and (f) respectively; deleted former (i).
Amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Section was "Procedures for Requesting and Receiving an Opinion". In (b), inserted "provide proof of service pursuant to N.J.A.C. 6A:28-1.7 to"; in (c)2, inserted "by the Commission"; added (c)3; and deleted (f).

Subchapter 6 FILING AND AMENDMENT OF COMPLAINTS; BURDEN OF PROOF

N.J. Admin. Code § 6A:28-6.1 Who may file a complaint

(a) Any person may file a complaint with the Commission alleging a violation of the Act.

(b) Any member of the Commission may file a complaint.

A Commission member who files a complaint shall not participate as a Commission member in any subsequent proceedings related to that complaint.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-6.2 Process for the filing of a complaint

(a) To file a complaint with the Commission alleging a violation of the Act, a complainant may either:

File an original hardcopy complaint with related exhibits, along with one copy of such complaint and related exhibits, and an additional copy of the complaint and related exhibits for each respondent named in the complaint; or
File an electronic complaint with related exhibits with the Commission (school.ethics@doe.nj.gov). If a complainant chooses to file a complaint with related exhibits electronically, the complainant must still mail a copy of the complaint with related exhibits to the Commission for each respondent named in the complaint.

(b) Regardless of the method of filing, the contents of the complaint shall comply with the format set forth at N.J.A.C. 6A:28-6.3.

(c) A complainant shall promptly provide written notice to the Commission of any change of address or contact information, and shall promptly provide written notification to the Commission, as needed, in accordance with N.J.A.C. 6A:28-9.1.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-6.3 Contents of a complaint

(a) A complaint shall be entitled "Before the School Ethics Commission" and shall set forth in the caption the names of the complainant(s) and the respondent(s).

(b) The complaint shall include the following:

The full name, home address, phone number, and email address of each complainant;
The full name, home address, phone number (if known), and email address (if known) of each respondent;
Individually numbered paragraphs setting forth each alleged violation of the Act, with each paragraph to include, without limitation, the following:

i. The date(s) of the occurrence(s) of each specific allegation;

ii. The section(s) of the Act claimed to be violated for each specific allegation; and

iii. The specific facts or arguments that support the contention that the Act was violated;

A signature and certification by each complainant; and
Evidence in support of the allegations, including, but not limited to: meeting minutes, meeting agendas, certifications, and affidavits. Where possible, the specific parts of the evidence that support the alleged violation(s) must be highlighted or otherwise identified. The complainant(s) shall include an index of the highlighted material, identifying the page number or location within the document(s) where the highlighted information is located.

(c) A complaint alleging solely a violation of the Code of Ethics for School Board Members shall name only board members or trustees as respondents and shall set forth a factual basis for the allegations, in accordance with N.J.A.C. 6A:28-6.4.

(d) A complaint should be submitted in substantially the following format:

| NAME OF | : | | | --- | --- | --- | | COMPLAINANT(S), | : | BEFORE THE SCHOOL | | v. | : | ETHICS COMMISSION | | OF NEW JERSEY | | | | NAME OF RESPONDENT(S) | : | SCHOOL ETHICS ACT | | __________________________ | : | COMPLAINT FORM |

I, (Name of Complainant), residing at (home address, phone number, and email address of complainant), request the School Ethics Commission to consider a complaint against the above-named Respondent(s) whose home address(es) is/are (home address of respondent(s)), whose phone number(s) is/are (phone number(s) of respondent(s)), and whose email address(es) is/are (email address(es) of respondent(s)), in accordance with the authority of the School Ethics Commission to entertain such complaints under N.J.S.A. 18A:12-21 et seq.

The facts upon which this complaint is based are as follows:

RELEVANT BACKGROUND INFORMATION

Statement of specific facts in support of the allegation:

Date of occurrence:___________________.

I assert this to be a violation of: , for the following reason (s):__________________.

(If applicable)

I assert this to be a violation of: ______________________, for the following reason (s):_________________________________________.

Statement of specific facts in support of the allegation:

Date of occurrence:___________________.

I assert this to be a violation of: , for the following reason (s):__________________

(If applicable)

I assert this to be a violation of: , for the following reason (s):__________________

Statement of specific facts in support of the allegation:

Date of occurrence:___________________.

I assert this to be a violation of: , for the following reason (s):__________________

(If applicable)

I assert this to be a violation of: ______________________, for the following reason(s):

WHEREFORE, I, as Complainant, request that the School Ethics Commission find and determine that the above-named Respondent(s) has violated the School Ethics Act and that Respondent(s) be subject to such penalty as provided by the Act.

| Date: _____________________________ | _____________________________ | | --- | --- | | Signature of Complainant or the Complainant's Attorney | |

CERTIFICATION

(Name of Complainant), of full age, hereby certifies that the following statements are true:

I am the complainant in this matter.

I have read the complaint and aver that the facts contained therein are true to the best of my knowledge and belief and I am aware that the statute that created the School Ethics Commission authorizes the School Ethics Commission to impose penalties for filing a frivolous complaint. N.J.S.A. 18A:12-29(e). I am aware that if the respondent replies to the complaint with an allegation that the complaint is frivolous, I shall have 20 days from receipt of the written statement to respond to the allegation that the complaint is frivolous.

The subject matter of this complaint is not pending in any court of law or administrative agency of this State. I will advise the School Ethics Commission if I subsequently become aware that it is pending elsewhere.

| Date: _____________________________ | _____________________________ | | --- | --- | | Signature of Complainant | |

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-6.4 Complainant's burden of proof for complaints alleging a violation of the Code of Ethics for School Board Members

(a) For complaints alleging a violation of the Code of Ethics for School Board Members, the complainant has the burden to factually establish a violation, in accordance with the standards set forth below:

Factual evidence of a violation of N.J.S.A. 18A:12-24.1.a shall include a copy of a final decision from any court of law or administrative agency of this State demonstrating that the respondent(s) failed to enforce all laws, rules, and regulations of the State Board of Education, and/or court orders pertaining to schools or that the respondent brought about changes through illegal or unethical procedures.

Factual evidence of a violation of N.J.S.A. 18A:12-24.1.b shall include evidence that the respondent(s) willfully made a decision contrary to the educational welfare of children, or evidence that the respondent(s) took deliberate action to obstruct the programs and policies designed to meet the individual needs of all children, regardless of their ability, race, color, creed, or social standing.

Factual evidence of a violation of N.J.S.A. 18A:12-24.1.c shall include evidence that the respondent(s) took official action to effectuate policies and plans without consulting those affected by such policies and plans, or took action that was unrelated to the respondent's duty to:

i. Develop the general rules and principles that guide the management of the school district, the charter school, or the renaissance school project;

ii. Formulate the programs and methods to effectuate the goals of the school district, the charter school, or the renaissance school project; or

iii. Ascertain the value or liability of a policy.

Factual evidence of a violation of N.J.S.A. 18A:12-24.1.d shall include, but not be limited to, evidence that the respondent(s) gave a direct order to school personnel or became directly involved in activities or functions that are the responsibility of school personnel or the day-to-day administration of the school district, the charter school, or the renaissance school project.
Factual evidence of a violation of N.J.S.A. 18A:12-24.1.e shall include evidence that the respondent made personal promises or took action beyond the scope of the respondent's duties such that, by its nature, had the potential to compromise the district board of education or the board of trustees.
Factual evidence of a violation of N.J.S.A. 18A:12-24.1.f shall include evidence that the respondent(s) took action on behalf of, or at the request of, a special interest group or persons organized and voluntarily united in opinion and who adhere to a particular political party or cause; or evidence that the respondent(s) used the schools to acquire some benefit for the respondent(s), a member of the respondent's immediate family or a friend.
Factual evidence of a violation of the confidentiality provision at N.J.S.A. 18A:12-24.1.g shall include evidence that the respondent(s) took action to make public, reveal, or disclose information that was not public under any laws, regulations, or court orders of this State, or information that was otherwise confidential in accordance with policies, procedures, or practices. Factual evidence that the respondent(s) violated the inaccurate information provision at N.J.S.A. 18A:12-24.1.g shall include evidence that substantiates the inaccuracy of the information provided by the respondent(s) and evidence that establishes the inaccuracy was other than reasonable mistake or personal opinion or was not attributable to developing circumstances.
Factual evidence of a violation of N.J.S.A. 18A:12-24.1.h shall include evidence that the respondent(s) acted on a personnel matter without a recommendation of the chief administrative officer.
Factual evidence of a violation of N.J.S.A. 18A:12-24.1.i shall include evidence that the respondent(s) took deliberate action that resulted in undermining, opposing, compromising, or harming school personnel in the proper performance of their duties.

Factual evidence of a violation of N.J.S.A. 18A:12-24.1.j shall include evidence that the respondent(s) acted on or attempted to resolve a complaint, or conducted an investigation or inquiry related to a complaint:

i. Prior to referral to the chief administrative officer; or

ii. At a time or place other than a public meeting and prior to the failure of an administrative solution.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-6.5 Time period for the filing of a complaint

(a) Complaints shall be filed within 180 days of notice of the events that form the basis of the alleged violation(s). A complainant shall be deemed to be notified of events that form the basis of the alleged violation(s) when the complainant knew of the events, or when the events were made public so that one using reasonable diligence would know or should have known.

For complaints alleging a violation of N.J.S.A. 18A:12-24.1.a, the complaint shall be filed within 180 days of the issuance of a final decision from any court of law or administrative agency of this State demonstrating that the respondent(s) failed to enforce all laws, rules, and regulations of the State Board of Education and/or court orders pertaining to schools or that the respondent brought about changes through illegal or unethical procedures.
If the subject of the complaint is pending in any court of law or administrative agency of this State, the complaint shall still be filed within 180 days of notice of the events that form the basis of the alleged violation(s). In this situation, the Commission will place the matter in abeyance, as appropriate.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-6.6 Complaint processing, consolidating, and confidentiality

(a) The Commission shall assign a file number upon receipt of a complaint.

(b) The Commission may consolidate a complaint with a related matter, when appropriate. In determining whether to consolidate complaints, the Commission shall consider:

The identity of the parties in each of the matters;
The nature of all the questions of fact and law respectively involved.

i. To the extent that common questions of fact and law are involved, the savings in time, expense, duplication, and inconsistency that will be realized from considering the matters together and whether such issues can be thoroughly, competently, and fully reviewed together;

ii. To the extent that dissimilar questions of fact or law are present, the danger of confusion, delay, or undue prejudice to any party;

The advisability generally of disposing of all aspects of the controversy in a single proceeding; and
Other matters appropriate to a prompt and fair resolutions of the issues.

(c) Where the Commission consolidates complaints, it may designate one lead complainant as the representative of all complaints for purposes of initial correspondence, receipt of service for answer(s) and/or motions and all other communications.

(d) For any complaint filed jointly by three or more complainants, the complainants shall designate, in a letter signed by all complainants, one lead complainant as a representative of the group for purposes of initial correspondence, receipt of service for answer(s) and/or motions, and all other communications. Where such a complaint does not designate a lead complainant, one shall be assigned by the Commission.

(e) Unless a matter is in abeyance pursuant to N.J.A.C. 6A:28-1.5, the Commission shall serve a copy of the complaint on the respondent(s) named in the complaint. Service of process may be effectuated by the Commission by any of the methods permitted at N.J.A.C. 6A:28-1.7.

(f) During the course of any staff work and/or Commission deliberation with regard to the complaint, the complaint shall be identified only by file number for purposes of public access and not by the name(s) of the complainant(s) and the respondent(s) involved.

(g) The Commission shall hold all information confidential regarding any pending matter until the Commission finds that a school official has violated the Act, or until the matter is settled, withdrawn, or dismissed, provided that:

Information that indicates the possible violation of any criminal law shall be provided to the Attorney General in compliance with N.J.S.A. 18A:12-28.d;

Information about complaints may be shared as necessary for the Commission to meet its statutory obligation to place matters in abeyance pursuant to N.J.S.A. 18A:12-32 and N.J.A.C. 6A:28-1.5;
The full caption of a complaint may be included in a subpoena issued pursuant to N.J.A.C. 6A:28-8.1;
Information about complaints may be shared as necessary where complaints are consolidated pursuant to (b) and (c) above; and
Information regarding the status of a pending complaint may be provided to the executive county superintendent.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-6.7 Amendment of a complaint

(a) The Commission may order the amendment of any complaint in order to comply with the requirements set forth at N.J.A.C. 6A:28-6.3.

(b) A complainant may amend a complaint to cure technical defects or to clarify or amplify allegations made in the original complaint. Amendments will relate back to the date the complaint was first received by the Commission for the purposes of determining timeliness pursuant to N.J.A.C. 6A:28-6.5.

(c) Once a written statement is filed, an amendment to a complaint may be made by the complainant only with the consent of each respondent or by leave of the Commission upon written application.

(d) Any amendment made by the complainant pursuant to (a), (b), and (c) above shall be submitted in the same manner as the original complaint with one copy, together with a copy for each respondent.

(e) Failure to file an amended complaint within the time given may result in administrative dismissal of the complaint.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

Subchapter 7 FILING OF WRITTEN STATEMENTS

N.J. Admin. Code § 6A:28-7.1 Process for filing a written statement

(a) To file a written statement with the Commission, a respondent shall either:

File an original hardcopy and one copy of the written statement with the Commission; or
File the written statement electronically with the Commission (school.ethics@doe.nj.gov).

(b) A respondent shall also serve a copy of the written statement on each complainant(s) in the same manner as the Commission was served. Proof of service on each complainant shall also be submitted to the Commission pursuant to N.J.A.C. 6A:28-1.7.

(c) A respondent shall promptly provide written notice to the Commission of any change of address or contact information, and shall promptly provide written notification to the Commission, as needed, in accordance with N.J.A.C. 6A:28-9.1.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-7.2 Contents of a written statement

(a) Upon receipt of the complaint from the Commission, the respondent shall file a written statement. The written statement shall fully and completely advise the parties and the Commission as to the nature of the respondent's defenses for each allegation, including any grounds upon which dismissal should be granted. The written statement shall admit or deny each allegation set forth in the complaint with specificity. Denials shall fairly meet the substance of the allegations being denied. A respondent who intends in good faith to deny only part of an allegation shall specify which parts are true, and deny only the remainder. Evidentiary support must be provided, when possible, pursuant to the standards at N.J.A.C. 6A:28-9.3.

(b) When a written statement alleges that a complaint is frivolous pursuant to N.J.S.A. 18A:12-29.e, the complainant shall have 20 days from receipt of the written statement to respond to the allegation.

If the respondent alleges that a complaint is frivolous, the respondent must submit proof of service of the written statement on the complainant, in accordance with N.J.A.C. 6A:28-1.7.
An allegation that a complaint is frivolous pursuant to N.J.S.A. 18A:12-29.e shall not be raised in any subsequent filings.

(c) A written statement shall be signed by the respondent(s), and the respondent(s) shall certify as to the accuracy of the written statement.

(d) The Commission shall not accept a counterclaim, but a respondent may file a separate complaint pursuant to N.J.A.C. 6A:28-6.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-7.3 Time for filing a written statement

(a) Upon receipt of the complaint from the Commission, the respondent shall have 20 days from receipt of the complaint to file a written statement.

(b) Where a respondent fails to file a written statement within the 20-day period, the Commission shall issue a notice informing the respondent that unless a written statement is received within 10 days of receipt of the notice, each allegation in the complaint shall be deemed admitted and the Commission may decide the matter on a summary basis.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-7.4 Extension of the time for filing a written statement

(a) Upon written application by the respondent, the Commission may grant an extension of time for the filing of a written statement, provided that the application was received by the Commission prior to the expiration of the time for filing a written statement, as provided for at N.J.A.C. 6A:28-7.3, and provided that the respondent notifies the Commission of whether the respondent's adversary consented to the extension request.

(b) Requests for extensions that are opposed may be granted at the discretion of the Commission, upon a finding of good cause shown.

History

Amended by 55 N.J.R. 359(b), effective 3/6/2023

Subchapter 8 SUBPOENAS

N.J. Admin. Code § 6A:28-8.1 Subpoenas to compel the attendance of witnesses, production of documents; issuance, contents, and service

(a) Subpoenas may be issued by the Commission, or its designated agent, to compel the attendance of a person to testify or to produce books, papers, documents, or other objects as it may deem necessary and relevant to any matter.

(b) Subpoenas may be issued by pro se parties or attorneys-at-law, in accordance with the applicable rules of the OAL.

History

Recodified from N.J.A.C. 6A:28-9.1 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-8.2 [Reserved]

History

Repealed by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-8.3 [Reserved]

History

Repealed by 55 N.J.R. 359(b), effective 3/6/2023

Subchapter 9 REVIEW OF COMPLAINTS

N.J. Admin. Code § 6A:28-9.1 Duties of complainant(s) and respondent(s) relative to N.J.A.C. 6A:28-1.5

(a) The complainant(s) and the respondent(s) shall immediately notify the Commission, in writing, when:

An action is filed, at any time during the pendency of a complaint before the Commission, with any court of law or administrative agency of this State concerning the subject of the complaint;
The complainant(s) or the respondent(s) become aware that the matter, which is the subject of the complaint, is pending in any court of law or administrative agency of this State; or
The matter pending in any court of law or administrative agency of this State is resolved.

(b) Upon resolution of the matter pending in any court of law or administrative agency of this State, the Commission shall proceed to process the complaint according to this chapter.

History

Recodified from N.J.A.C. 6A:28-10.1 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.2 Administrative dismissals

(a) The Commission may administratively dismiss complaints or specific allegations in complaints for reasons including, but not limited to, the following:

Lack of jurisdiction pursuant to N.J.A.C. 6A:28-1.4;
The complaint is not timely filed pursuant to N.J.A.C. 6A:28-6.5;
The complaint was withdrawn pursuant to N.J.A.C. 6A:28-9.5 or 9.6;
The sole allegation in the complaint is that a person, other than a board member or a trustee, has violated the Code of Ethics for School Board Members;

The complaint fails to meet the requirements set forth at N.J.A.C. 6A:28-6.3;

The complainant(s) fail(s) to amend the complaint as requested by the Commission pursuant to N.J.A.C. 6A:28-6.7(a) within the timeframe accorded by the Commission; or
The complaint, on its face, fails to state a claim under the Act.

History

Recodified from N.J.A.C. 6A:28-10.2 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.3 Evidence rules

(a) During the course of proceedings before the Commission, all relevant evidence is admissible. If an evidentiary hearing is scheduled before the Commission, the evidentiary rules of the OAL as set forth at N.J.A.C. N.J.S.A. 1:1-1 shall apply. Evidence may include, but is not limited to, meeting minutes, meeting agenda, certifications, affidavits, and any other relevant evidence.

Where possible, the specific parts of evidence that support the claim of the alleged violation(s) must be highlighted or otherwise identified. Parties shall include an index of the highlighted material, identifying the page number or location within the document(s) where the highlighted information is located.
Parties shall prepare 10 copies to present to the Commission.
Parties shall provide their adversary with copies of the evidence within 10 days of the hearing, unless otherwise agreed by the Commission and the parties.
Failure to provide the materials listed at (a)1, 2, and 3 above may result in the Commission barring the admission of the proposed evidence.

History

Recodified from N.J.A.C. 6A:28-10.3 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.4 Frivolous filings

(a) Upon receipt of the complainant's response to an allegation that the complaint was frivolous pursuant to N.J.A.C. 6A:28-7.2, or the expiration of the time for filing such a response, the Commission shall make a determination by majority vote as to whether a complaint is frivolous.

Where the Commission finds that a complaint is frivolous, such a finding shall constitute sole grounds for dismissal. Such dismissal shall constitute final agency action.

(b) Pursuant to N.J.S.A. 18A:12-29.e, the Commission may impose a fine not to exceed $ 500.00.

If a complainant(s) who is a school official fails to pay the fine within 30 days after receipt of the decision imposing the sanction, the Commission may take action pursuant to N.J.A.C. 6A:28-1.6, or as otherwise set forth in this chapter.

(c) The Commission reserves the right, at any time during the pendency of a matter, to issue an Order to Show Cause, in accordance with the procedures at N.J.A.C. 6A:28-1.6, directing a complainant to show cause as to why a complaint should not be deemed frivolous. In the Order to Show Cause, the Commission shall detail the basis for a finding that the complaint is frivolous.

(d) Failure of the complainant to timely pursue the complainant's case, including failure to amend a complaint and failure to attend a hearing, may be viewed as indicia of a frivolous complaint.

History

Recodified from N.J.A.C. 6A:28-10.4 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.5 Settlement

The parties may provide the Commission with written notification of settlement at any time prior to the finding of a violation.

History

Recodified from N.J.A.C. 6A:28-10.5 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.6 Withdrawal

(a) For complaints alleging solely a violation of the Code of Ethics for School Board Members, a complainant may withdraw a complaint at any time prior to the finding of a violation by notifying the Commission and the respondent(s), in writing.

(b) For complaints alleging prohibited acts, the complainant may submit a written request to the Commission to withdraw the complaint prior to a finding of probable cause by the Commission. The request shall fully explain the circumstances for the withdrawal and state why the withdrawal would be in the public's interest. The complainant shall serve a copy upon the respondent(s) and submit a proof of service pursuant to N.J.A.C. 6A:28-1.7.

History

Recodified from N.J.A.C. 6A:28-10.6 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.7 Probable cause determinations

(a) After the filing of a written statement, the Commission shall decide, by majority vote, whether probable cause exists for the allegations in the complaint. Probable cause shall be found when the facts and circumstances presented in the complaint and written statement would lead a reasonable person to believe that the Act has been violated.

(b) If the Commission does not find probable cause, it shall issue a written notice to the parties, and the complaint shall be dismissed. Dismissal in this circumstance shall constitute final agency action.

(c) If the Commission finds probable cause, it shall issue a written notice to the parties, and the matter shall be processed, in accordance with N.J.A.C. 6A:28-9.8. Findings of probable cause shall not constitute final agency action.

(d) A decision rendered pursuant to N.J.S.A. 18A:12-29.b means a majority vote of the Commission regarding probable cause.

History

Recodified from N.J.A.C. 6A:28-10.7 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.8 Processing of complaints after a finding of probable cause

(a) If the Commission finds probable cause for the allegations in a complaint, it shall provide the parties with written notice of its findings. The written notice from the Commission shall also indicate:

How the matter will be processed, including whether the Commission will:

i. Subject to receiving the parties' written consent, retain the matter for a hearing. However, the Commission shall not be required to secure the parties' written consent in those matters involving only alleged violations of the Code of Ethics for School Board Members;

ii. If the material facts are not in dispute, determine a violation(s) on a summary basis; or

iii. If the material facts are in dispute and not admitted, transmit the matter to the OAL for a hearing.

If a matter is transmitted to the OAL, and the Commission found probable cause to credit at least one violation of N.J.S.A. 18A:12-24, the complainant shall no longer be a party. The attorney for the Commission shall litigate the allegations in the complaint for which the Commission found probable cause to credit.
If a matter is transmitted to the OAL, and the Commission did not find probable cause to credit at least one violation of N.J.S.A. 18A:12-24, but did find probable cause to credit violations of N.J.S.A. 18A:12-24.1 only, the complainant, or an attorney of the complainant's choosing, shall litigate the allegations in the complaint for which the Commission found probable cause to credit. The complainant shall also be advised that the allegations must be proven, in accordance with N.J.A.C. 6A:28-6.4.

(b) When the Commission retains a complaint for a hearing, the hearing shall be conducted in accordance with the rules of the OAL, N.J.A.C. 1:1.

Parties shall supply their adversary(ies) and the Commission with any pre-hearing documentary submissions at least 10 calendar days prior to the hearing, or as otherwise agreed to by the Commission and the parties.
Parties shall supply their adversary(ies) and the Commission with any post-hearing documentary submissions within 14 calendar days of the hearing, or as otherwise agreed to by the Commission and the parties.
Parties shall supply their adversary(ies) and the Commission with sufficient copies of exhibits that are marked for identification to be entered into evidence.
The Commission will entertain a motion to dismiss from the respondent upon the conclusion of the complainant's case.

(c) When the Commission determines to review a complaint on a summary basis, the respondent shall have 20 days to submit a statement setting forth the reason(s) the respondent should not be found in violation of the Act. The statement shall be limited to the allegation(s) for which the Commission has found probable cause. After expiration of the time for submission of the respondent's statement, the Commission may make a determination of a violation on a summary basis.

(d) When a matter is transmitted to the OAL for a hearing, in accordance with N.J.S.A. 18A:12-29.a, the hearing shall be conducted pursuant to the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The hearing shall be limited to the allegation(s) in the complaint for which the Commission found probable cause.

When the OAL returns a matter to the Commission for disposition following a respondent's failure to appear, the respondent may provide to the Commission, within 13 days of receiving notice that the matter has been returned to the Commission, a written explanation regarding the failure to appear. If the Commission does not receive a written explanation, or determines that the written explanation is unsatisfactory, the allegation(s) in the complaint shall be deemed admitted and the Commission may proceed to a determination of a violation(s) on a summary basis.

History

Recodified from N.J.A.C. 6A:28-10.8 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.9 Adjournment of hearings

Application for the adjournment of a hearing where the matter has been retained by the Commission pursuant to N.J.A.C. 6A:28-9.8 shall be made to the Commission, in accordance with the requirements of the OAL, as set forth at N.J.A.C. 1:1. Application for the adjournment of a hearing where the matter has been transmitted to the OAL shall be addressed to the ALJ, in accordance with the requirements of the OAL, as set forth at N.J.A.C. 1:1.

History

Recodified from N.J.A.C. 6A:28-10.10 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.10 School Ethics Commission determinations on complaints

(a) Upon return of a matter from the OAL to the Commission, a hearing before the Commission pursuant to N.J.A.C. 6A:28-9.8, or the Commission's summary review of a complaint pursuant to this chapter, the Commission shall determine by majority vote whether the conduct complained of constitutes a violation of the Act or whether the complaint should be dismissed. The Commission's decision shall be, in writing, and it shall set forth its findings of fact and conclusions of law. In any case where a violation is found, the Commission's decision shall also include a recommended penalty as authorized at N.J.S.A. 18A:12-29.c.

The Commission shall be governed by the procedures and time constraints of the Administrative Procedure Act and the rules of the OAL set forth at N.J.A.C. N.J.S.A. 1:1-1, when rendering its determination on complaints returned from the OAL.

(b) A determination to dismiss a complaint shall constitute final agency action, and shall be appealable directly to the Appellate Division of the Superior Court.

History

Recodified from N.J.A.C. 6A:28-10.11 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-9.11 Sanction

(a) The Commission may recommend to the Commissioner the reprimand, censure, suspension, or removal of the school official if a violation of the Act is found. The recommendation of any of the foregoing sanctions shall require a vote of the majority of the full membership of the Commission. The Commission may decline to issue a penalty for violations that it finds by a majority vote are de minimis.

If a school official was on notice that an activity would violate the Act, or in instances where a school official was previously sanctioned pursuant to this chapter, the Commission may recommend an enhanced penalty.

(b) Within 13 days from the date the Commission's decision is forwarded to the Commissioner, any party may file written exceptions regarding the recommended penalty to the Commissioner. For the purposes of this section, the forwarding date shall be the mailing date to the parties.

(c) The Commissioner shall act upon the Commission's recommendation regarding the sanction pursuant to N.J.S.A. 18A:12-29.c. Such review shall proceed in accordance with N.J.A.C. 6A:4 and the requirements of the OAL as set forth at N.J.A.C. N.J.S.A. 1:1-1.

(d) If the Commissioner imposes a penalty of censure, suspension, or removal, the Commission shall adopt a resolution at its next meeting following the imposition of the sanction by the Commissioner, and shall direct that the resolution be read aloud at the beginning of the next regularly scheduled public meeting of the district board of education or the board of trustees.

The district board of education or the board of trustees shall also post the resolution for a period of no less than 30 days in such places where public notices are posted.
The resolution shall also be published online on the school district's, the charter school's, or the renaissance school project's website, if available, for a period of no less than 30 days.
The reading of the resolution shall be memorialized in the district board of education's or the board of trustees' minutes of the meeting and, once the minutes are approved, a copy shall be forwarded to the Commission.

(e) If a board member or a trustee resigns following the finding of a violation of the Act, thereby limiting the penalty that the Commission can recommend, the Commission's decision shall still state the penalty it would have recommended if not for the resignation.

History

Recodified from N.J.A.C. 6A:28-10.12 by 55 N.J.R. 359(b), effective 3/6/2023

Subchapter 10 APPEALS

N.J. Admin. Code § 6A:28-10.1 Procedure for appeal

(a) Any appeal of the Commission's determination regarding a violation of the Act or the Commission's recommended penalty shall be made to the Commissioner, in accordance with N.J.A.C. 6A:4, Appeals.

(b) Any complaint that is dismissed in its entirety pursuant to this chapter shall be deemed a final agency decision appealable directly to the Appellate Division of the Superior Court.

History

Recodified from N.J.A.C. 6A:28-11.1 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.2 Recodified

History

Recodified to N.J.A.C. 6A:28-9.2 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.3 Recodified

History

Recodified to N.J.A.C. 6A:28-9.3 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.4 Recodified

History

Recodified to N.J.A.C. 6A:28-9.4 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.5 Recodified

History

Recodified to N.J.A.C. 6A:28-9.5 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.6 Recodified

History

Recodified to N.J.A.C. 6A:28-9.6 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.7 Recodified

History

Recodified to N.J.A.C. 6A:28-9.7 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.8 Recodified

History

Recodified to N.J.A.C. 6A:28-9.8 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.9 [Reserved]

History

Repealed by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.10 Recodified

History

Recodified to N.J.A.C. 6A:28-9.9 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.11 Recodified

History

Recodified to N.J.A.C. 6A:28-9.10 by 55 N.J.R. 359(b), effective 3/6/2023

N.J. Admin. Code § 6A:28-10.12 Recodified

History

Recodified to N.J.A.C. 6A:28-9.11 by 55 N.J.R. 359(b), effective 3/6/2023

Subchapter 11 RECODIFIED

N.J. Admin. Code § 6A:28-11.1 Recodified

History

New Rule, R.2004 d.378, effective 10/4/2004.
See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a).
Recodified from N.J.A.C. 6A:28-7.1 and amended by R.2007 d.247, effective 8/20/2007.
See: 39 N.J.R. 821(a), 39 N.J.R. 3513(a).
Inserted ", Appeals" at the end.
Recodified from N.J.A.C. 6A:28-8.1 and amended by R.2009 d.163, effective 5/18/2009.
See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a).
Inserted designation (a); in (a), deleted "or the Commissioner's decision regarding the sanction" following "Act" and substituted "Commissioner" for "State Board of Education"; and added (b).

Chapter 30 EVALUATION OF THE PERFORMANCE OF SCHOOL DISTRICTS

Subchapter 1 PURPOSE, SCOPE AND DEFINITIONS

N.J. Admin. Code § 6A:30-1.1 Purpose and scope

(a) The chapter's purpose is to establish rules to implement the New Jersey Quality Single Accountability Continuum (NJQSAC) system, as required at N.J.S.A. 18A:7A-3 et seq., for evaluating and monitoring all school districts in the State. NJQSAC is designed to be a single, comprehensive accountability system that consolidates and incorporates the monitoring requirements of applicable State and Federal programs. NJQSAC is also intended to complement and, in part, implement Federal requirements. Pursuant to NJQSAC, school districts are evaluated in five key component areas of school district effectiveness--instruction and program, personnel, fiscal management, operations, and governance--to determine the extent to which school districts are providing a thorough and efficient education. The standards and criteria by which school districts are evaluated will assess achievement in the five key component areas of school district effectiveness, progress toward proficiency, school district capacity to operate without State intervention, and the need for State support and assistance. Once a school district is identified through NJQSAC as requiring assistance in one or more of the five key component areas of school district effectiveness, the Department and the school district will work collaboratively to improve school district performance in the targeted area(s). The measures used to achieve this goal include the Department's comprehensive review of the school district, development of a district improvement plan, close monitoring of the implementation of the district improvement plan, and the provision of technical assistance, as appropriate. If a school district fails to develop or implement a district improvement plan as required, or other emergent circumstances warrant, NJQSAC allows the Department to seek partial or full intervention in the school district to effect the change(s) necessary to build school district capacity to provide a thorough and efficient education.

(b) This chapter sets forth the steps the Department will undertake to implement N.J.S.A. 18A:7A-3 et seq., which include a three-year evaluation process, placement of the school district on a performance continuum, improvement and intervention activities, and periodic progress monitoring.

(c) The rules shall apply to all school districts in the State as defined at N.J.S.A. 18A:8-1 et seq., and 18A:13-1 et seq., with the exception of charter schools and renaissance school projects and educational services commissions, and shall include county special services school districts established pursuant to N.J.S.A. 18A:46-29 et seq., and county vocational school districts established pursuant to N.J.S.A. 18A:54-1 et seq., with the exception of county vocational school districts that provide only shared-time services.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise.

"Administrative order" means a written directive ordering specific corrective action by a school district that has shown insufficient compliance with the quality performance indicators.

"Assistant commissioner" means an assistant commissioner, or designee, in the Department.

"Chief school administrator" or "CSA" means the superintendent of a school district or county vocational school district or, if there is no superintendent, the administrative principal.

"Comprehensive review" means the Department's evaluation process to measure each school district's performance, capacity, and need for State support, assistance, or intervention. The comprehensive review shall be based on the quality performance indicators.

"Declaration page" means the section of the District Performance Review that verifies the accuracy of the responses on the school district's District Performance Review.

"District improvement plan" means a plan developed by a school district that fails to satisfy at least 80 percent of the quality performance indicators in any of the five key components of school district effectiveness. The district improvement plan addresses critical areas of need identified through the comprehensive review.

"District Performance Review" or "DPR" means the Department-developed self-assessment tool that measures a school district's compliance with the quality performance indicators in all of the five key components of school district effectiveness. The District Performance Reviews are incorporated in this chapter as N.J.A.C. 6A:30 Appendices A and B.

"Evaluation team" means a Commissioner-designated team qualified by training and experience to examine specific conditions existing in a school district.

"Evidence based" means a program or service that has demonstrated success based on research, best practices, or other forms of evidence.

"High-performing school district" means a designation assigned to a school district that satisfies at least 80 percent of the quality performance indicators in each of the five key components of school district effectiveness.

"Highly skilled professional" or "HSP" means a Commissioner designee who has skills and expertise based on education and/or experience that is relevant to one or more of the five key components of school district effectiveness.

"In-depth evaluation" means a process the Commissioner can authorize to evaluate school districts that satisfy less than 80 percent of the quality performance indicators in one or more of the five key components of school district effectiveness as determined by the Department based on the comprehensive review.

"Key components of school district effectiveness" means the areas in which school districts will be evaluated pursuant to the NJQSAC. The components are:

Instruction and program;
Operations;
Fiscal management;
Personnel; and
Governance.

"NJQSAC" means the New Jersey Quality Single Accountability Continuum.

"Performance continuum" means a measure that identifies a school district's performance with respect to each of the five key components of school district effectiveness.

"Quality performance indicators" means the specific, objective criteria for each key component of school district effectiveness used to measure each school district's performance, capacity, and need for State support, assistance, or intervention. The quality performance indicators are weighted, developed by the Department, and set forth in the District Performance Reviews.

"Shared-time services" mean educational services provided to students who attend and receive instruction for half of the school day at a county vocational school district, pursuant to N.J.S.A. 18A:54-3, and attend and receive instruction at another school or receive equivalent instruction elsewhere than at the school for half of the school day.

"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.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

Subchapter 2 NJQSAC COMPONENTS OF SCHOOL DISTRICT EFFECTIVENESS AND INDICATORS

N.J. Admin. Code § 6A:30-2.1 Key components of school district effectiveness

(a) The Department shall evaluate and monitor school districts' performance and capacity in five key components of school district effectiveness. The components are:

Instruction and program;

Personnel;

Fiscal management;
Operations; and
Governance.

(b) In assessing school district performance and capacity in the five key components of school district effectiveness, the Department shall use objective measures and shall consider school district improvement and growth.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-2.2 Quality performance indicators

(a) The Department shall establish quality performance indicators to measure school district performance and capacity in each of the five key components of school district effectiveness.

(b) The Commissioner shall use the quality performance indicators to assess school district performance and capacity during the comprehensive reviews pursuant to N.J.A.C. 6A:30-3.1, 3.2, and 3.3, the in-depth evaluations pursuant to N.J.A.C. 6A:30-5.3, and monitoring pursuant to N.J.A.C. 6A:30-5.6. The Commissioner also shall use the quality performance indicators in determining whether to initiate intervention activities pursuant to N.J.A.C. 6A:30-6.2 and to withdraw from intervention pursuant to N.J.A.C. 6A:30-7.1.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

Subchapter 3 COMPREHENSIVE REVIEW OF SCHOOL DISTRICTS

N.J. Admin. Code § 6A:30-3.1 General requirements

(a) The Commissioner shall conduct a comprehensive review of each school district every three years.

In the intervening years between each school district's three-year review, the Commissioner shall assess the school district's performance to determine whether conditions exist in the school district that significantly and negatively impact the school district's educational program or operations. Upon a determination that conditions exist in a school district, the Commissioner may direct the Department to immediately conduct a comprehensive review of the school district as set forth in this section.

(b) The comprehensive review shall be based on the quality performance indicators. The comprehensive review shall commence with the completion of the District Performance Review by each school district, followed by its verification and review of other relevant data and information by the Department. The comprehensive review also may include one or more on-site visits to school district facilities by Department staff.

(c) The Commissioner shall direct the executive county superintendent and other appropriate Department staff to provide timely notification to each school district of the comprehensive review procedures.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-3.2 District Performance Review

(a) All school districts, with the exception of county special services school districts, shall use the District Performance Review set forth at N.J.A.C. 6A:30 Appendix A to complete the self-assessment. All county specials services school districts shall use the District Performance Review set forth at N.J.A.C. 6A:30 Appendix B to complete the self-assessment.

(b) To complete the District Performance Review, the CSA shall take the following steps:

Convene a committee to assist in completing the District Performance Review. The CSA shall determine the total number of people who will serve on the committee. The CSA shall appoint to the committee the following persons and may include other persons with approval of the district board of education:

i. The CSA;

ii. One or more members of the school district's administrative staff;

iii. One or more teaching personnel, representative of different grade levels, and/or schools in the school district;

iv. The business administrator and assistant superintendent for curriculum and instruction, as well as other appropriate school district level personnel as determined by the CSA;

v. One or more member representatives of the educational staff's local collective bargaining unit as selected by the local collective bargaining unit. The member representatives may include the teaching personnel required at (b)1iii above; and

vi. One or more members of the district board of education selected by the district board of education.

Ensure the process used by the committee in completing the District Performance Review provides for participation and input by all committee members;

Consult with the committee in formulating a response to all quality performance indicators of each key component of school district effectiveness;

Ensure the responses in the school district's District Performance Review encompass and reflect circumstances that exist in the school district; and
Ensure all responses to the District Performance Review can be verified by data and supporting documentation, or otherwise. The CSA shall provide the verification to the Department upon request.

(c) The executive county superintendent shall provide technical assistance, as needed, to the CSA and the school district's committee formed to complete the District Performance Review.

(d) The district board of education may establish a district board of education subcommittee to consult with the committee formed to complete the District Performance Review. The district board of education also may monitor the progress of the committee completing the District Performance Review by requiring periodic reporting to the district board of education at public meetings.

(e) Upon completion of the proposed responses to the District Performance Review, the CSA shall sign a declaration page attesting to the accuracy of the responses in the report to the best of the CSA's knowledge. Each member of the committee shall be given the opportunity to sign the declaration page to attest to the member's participation in completion of the District Performance Review. If a member of the committee refuses to sign the declaration page, the member's name shall be written on the form with the notation "refused to sign."

(f) Upon completion of the proposed responses to the District Performance Review, the district board of education shall fix a date, place, and time for the holding of a public meeting, which may be a regularly scheduled district board of education meeting, to review the proposed responses to the District Performance Review and declaration page for approval by resolution. The district board of education shall do the following with respect to the meeting:

Post the proposed responses to the District Performance Review and declaration page on the school district's Internet site at least five working days prior to the meeting date. The district board of education also shall make the proposed responses and declaration page available for examination by the public at the district board of education offices or another reasonable location;
Cause notice of the meeting to be published, pursuant to the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. The notice shall inform the public that the District Performance Review and declaration page will be discussed at the meeting and of the times and manner in which members of the public may view the proposed responses to the District Performance Review; and
Provide, at the public meeting, the public with the opportunity to comment and be heard with respect to the proposed responses to the District Performance Review. The district board of education also shall provide the public with the opportunity to submit written comments prior to the meeting.

(g) The District Performance Review, the declaration page, and the district board of education resolution approving the District Performance Review shall be submitted to the Department's electronic data submission system by November 15 or at another time designated by the Commissioner if the Commissioner has directed a school district to undergo an immediate comprehensive review, pursuant to N.J.S.A. 18A:7A-11 and N.J.A.C. 6A:30-3.1(a).

If the district board of education does not approve all sections of the District Performance Review as submitted by the CSA, the district board of education may adopt a resolution indicating the District Performance Review sections approved and the section(s) with which the district board of education takes exception.

(h) Upon a showing of good cause, the district board of education may request from the Department a reasonable time extension for submission of the District Performance Review.

(i) Failure by a school district to conduct or submit a District Performance Review, including a declaration page approved by the district board of education pursuant to this section, may result in the withholding of State aid, pursuant to N.J.S.A. 18A:55-2, or, under appropriate circumstances, the initiation of intervention activities set forth at N.J.A.C. 6A:30-6.2.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-3.3 Review and evaluation of District Performance Reviews

(a) The Department shall confirm receipt of a school district's District Performance Review, district board of education resolution, and declaration page and shall do the following:

Review the District Performance Review, district board of education resolution, and declaration page for completeness;
Confirm the use of a committee, composed of representatives required pursuant to N.J.A.C. 6A:30-3.2(b)1, to complete the District Performance Review as demonstrated by the declaration page; and
Verify through a desk audit the District Performance Review responses using relevant data, reports, facts, audit results, documents, and/or other information. The Department may require the school district to submit documentation substantiating its responses or other information.

(b) Upon completion of the initial review, the Department shall notify the CSA of any area(s) of the District Performance Review that requires additional clarification. When notification is warranted, the Department shall:

Issue a written request for any additional information, documentation, or materials from the CSA; and/or
Initiate one or more on-site visits to schools and/or other facilities, as needed to verify the accuracy of District Performance Review responses.

(c) The Department shall compile and analyze the results of each school district's District Performance Review and any additional review conducted by Department staff and shall develop for the Commissioner a recommendation for the school district's placement on the performance continuum.

(d) The Commissioner shall review the recommendation made pursuant to (c) above, as well as any other data, facts, reports, audit results, documents, and/or other information that may inform a well-reasoned final decision in determining the school district's placement on the performance continuum.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-3.4 Reserved

History

Special amendment, R.2007 d.290, effective 8/14/2007.
See: 39 N.J.R. 3996(a).
Section was "Comprehensive review of public school districts in year three of District in Need of Improvement Status". In (a), deleted "for three consecutive years," preceding "may be required" and substituted "undergo an immediate" for "have a".
Amended by R.2008 d.88, effective 4/7/2008.
See: 39 N.J.R. 4375(a), 40 N.J.R. 1829(b).
In (a), inserted "and are thereby subject to corrective action pursuant to Federal law" and deleted "in the form of an evaluation conducted by a team of highly skilled professionals pursuant to the procedures set forth at N.J.A.C. 6A:30-8.3(b) through (d)" from the end; rewrote (b); and in (c), substituted "the verification process, the team of highly skilled professionals" for "its review, the evaluation team".
Repealed by R.2012 d.082, effective 4/16/2012.
See: 43 N.J.R. 3221(b), 44 N.J.R. 1199(a).
Section was "Comprehensive review of public school districts in Need of Improvement Status".

Subchapter 4 PERFORMANCE CONTINUUM

N.J. Admin. Code § 6A:30-4.1 General requirements

(a) Following a school district's comprehensive review, or at another time designated by the Commissioner if the Commissioner has directed a school district to undergo an immediate comprehensive review pursuant to N.J.S.A. 18A:7A-11 and N.J.A.C. 6A:30-3.1(a), the Commissioner shall issue a final determination letter detailing each school district's performance and placement on the performance continuum, based on the comprehensive review, and shall notify the State Board at its next public meeting. The determination letter shall consist of the following:

The percentage of quality performance indicators satisfied by the school district in each of the five key components of school district effectiveness;
For each school district that satisfies at least 80 percent of the quality performance indicators in each of the five key components of school district effectiveness, a designation as a high-performing school district and a recommendation for the State Board to certify, for a period of three years, the school district as providing a thorough and efficient education;
For school districts satisfying less than 80 percent in one or more of the quality performance indicators in each of the five key components of school district effectiveness, notification the school district has not met the comprehensive review's requirements and shall be directed to begin improvement activities, pursuant to N.J.A.C. 6A:30-5.2;
The requirement for each school district to report its Commissioner-determined placement on the performance continuum at the next public district board of education meeting; and
Notification the school district may seek reconsideration of the Commissioner's placement of the school district on the performance continuum within seven days of receiving the determination letter.

(b) In its request for reconsideration, the school district shall specifically delineate each quality performance indicator the school district claims was scored incorrectly by the Commissioner and the basis for the claim.

During the reconsideration review, the Commissioner shall provide the school district with the opportunity to present evidence supporting the school district's claim that its score on one or more quality performance indicators in the District Performance Review was erroneous and should be changed.
If warranted by the evidence and arguments presented by the school district, the Commissioner may amend the school district's placement on the performance continuum. At the conclusion of the reconsideration, the Commissioner shall notify, in writing, the CSA and the State Board of the determination.

(c) Upon the State Board's approval of the Commissioner's recommendation made pursuant to (a)2 above, the Department will notify a high-performing school district that it is certified, for a period of three years, as providing a thorough and efficient education.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

Subchapter 5 IMPROVEMENT ACTIVITIES TO SUPPORT STUDENT ACHIEVEMENT IN PUBLIC SCHOOL DISTRICTS

N.J. Admin. Code § 6A:30-5.1 School district obligations for continual improvement

Each school district shall continuously strive for improvement in all key components of school district effectiveness to enhance student achievement and to ensure the school district provides a thorough and efficient education to all students.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-5.2 Improvement activities for school districts that satisfy less than 80 percent of the quality performance indicators in one or more key components of school district effectiveness

School districts that satisfy less than 80 percent of the quality performance indicators in one or more of the key components of school district effectiveness shall commence improvement activities as set forth at N.J.A.C. 6A:30-5.3 through 5.7.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-5.3 In-depth evaluation

(a) Upon completion of the comprehensive review, the Commissioner will notify the school district as to whether the Department will conduct an in-depth evaluation of the school district pursuant to the following:

The Department shall conduct an in-depth evaluation of school districts that satisfy less than 50 percent of the quality performance indicators in one or more of the five key components of school district effectiveness, as determined by the comprehensive review, unless the Commissioner determines a comprehensive review of the school district by the Department or directed by it has occurred within the last year;
The Department may conduct an in-depth evaluation for school districts that satisfy between 50 and 79 percent of the quality performance indicators in one or more of the five key components of school district effectiveness, as determined by the comprehensive review. In making this determination, the Commissioner shall consider:

i. Whether other evaluations of the school district address the area(s) of deficiency or limited capacity identified through the comprehensive review process and whether the other evaluations obviate the need for an additional in-depth evaluation; or

ii. Whether the school district can demonstrate, through documentation or other data, it is engaged in efforts to address the area(s) of deficiency or limited capacity identified through the comprehensive review process; and

Notwithstanding the provisions at

(a) 1 and 2 above, the Commissioner may decide not to conduct an in-depth evaluation of a school district if the Department conducted in a prior year an in-depth evaluation that was the basis for a district improvement plan currently in operation in the school district.

(b) The Commissioner shall designate, secure, or appoint appropriate persons or entities to conduct the in-depth evaluation. The evaluation team may consist of Department personnel, highly skilled professionals, or other appropriate persons as determined by the Commissioner, who also shall appoint a team leader. In all instances, the members of the evaluation team shall be qualified by training and experience to examine the specific conditions within the school district identified through the comprehensive review.

(c) The evaluation team, in consultation with Department staff, shall determine the scope of the in-depth evaluation. The evaluation may include, but need not be limited to:

The deficiency(ies) or area(s) of limited capacity within the school district identified by the comprehensive review as the key component(s) of school district effectiveness for which the school district satisfied less than 80 percent of the quality performance indicators;
Other deficiency(ies) or area(s) of limited capacity within the school district identified by the comprehensive review; and/or
Conditions in the community that may adversely affect students' ability to learn.

(d) The evaluation team leader, in consultation with the Commissioner and upon notice to the school district, may amend the evaluation's scope during the course of the evaluation if warranted based on the evaluation team's preliminary findings.

(e) The in-depth evaluation shall include, but need not be limited to, the following:

A pre-evaluation conference with the evaluation team and the CSA to discuss the review's scope and the procedures to be followed;

On-site visits to the school district's central office and, at the discretion of the evaluation team, to one or more of the school district's schools. The dates for on-site visits shall be established in advance by the team leader in consultation with the CSA;
A review of any document(s), data, or other written material(s) deemed relevant by the evaluation team. The CSA shall make available to the evaluation team, upon request, the relevant document(s), data, or other written material(s);
Interviews with individuals, as determined appropriate by the evaluation team, including members of the school district committee responsible for completing the District Performance Review, to obtain the individuals' perspectives regarding the circumstances that contributed to the area(s) of deficiency or limited capacity in the school district and to receive input and suggestions; and
Provision by the evaluation team for public input regarding the evaluation process.

(f) The review of school district practices conducted by the in-depth evaluation team shall be completed within 30 business days. The Commissioner may grant a reasonable extension(s) of time for completion of the in-depth evaluation.

(g) Within 45 days after conclusion of its review, the evaluation team shall submit a report to the Commissioner. The report shall include findings, conclusions, and recommendations for the school district to use in developing and implementing a district improvement plan.

(h) The Commissioner shall review the evaluation team's findings, conclusions, and recommendations. The Commissioner shall prepare a final report and shall transmit it to the CSA and the district board of education. The Commissioner may use the final report to re-evaluate the school district's placement on the performance continuum. The school district and the Department shall use the Commissioner's final report in developing the district improvement plan, pursuant to N.J.A.C. 6A:30-5.4.

(i) Within 30 days of the issuance of the Commissioner's final report, the district board of education shall report the findings at a regular or special public meeting held in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-5.4 District improvement plan

(a) Each school district that satisfies less than 80 percent of the quality performance indicators in one or more of the five components of school district effectiveness shall be required to develop and submit to the Department, a district improvement plan to address the area(s) of deficiency and limited capacity identified through the comprehensive review and in-depth evaluation, if applicable.

(b) The district improvement plan shall be data driven and results oriented, and shall outline strategies for building capacity of the school district and its schools to improve learning and teaching. The district improvement plan shall identify specific areas of strength and weakness in addressing all methods employed by the school district to improve student achievement, increase school district capacity, and improve performance in each applicable key component of school district effectiveness. The district improvement plan also shall incorporate the content and requirements of improvement or corrective action plans required by other State or Federal programs. The district improvement plan shall be informed by data generated by the Department, the school district, and any individual school improvement planning process that may have occurred.

(c) A district improvement plan shall consist of districtwide goals and measurable objectives that describe the structural, policy, programmatic, or organizational changes to be implemented. The district improvement plan shall identify the title(s) and name(s) of the individual(s) responsible for addressing each area and shall specify timelines for each goal's completion. The district improvement plan shall include, but not be limited to, the following elements:

School-level planning objectives toward ensuring a thorough and efficient education;
Evidence-based strategies for improvement to address all critical areas of need for the school district identified by the findings of the in-depth evaluation report, if applicable, and the comprehensive review; and

Identification of the assistance required to implement improvement strategies with budgetary considerations identified.

(d) The school district also shall ensure the district improvement plan is aligned with and incorporates or references the relevant provisions of all applicable State and Federal plans.

(e) The district improvement plan shall be developed by an in-district team established by the CSA. This in-district team shall, at a minimum, consist of school district administrators; school district or school personnel with experience in one or more of the key components of school district effectiveness; school administrative personnel from a representative sample of the schools in the school district; instructional staff; member representatives of the local collective bargaining unit of the educational staff selected by the local collective bargaining unit; and one or more representatives of the district board of education selected by the district board of education.

(f) When requested by the CSA, the Department may provide the in-district team with technical assistance needed to develop the district improvement plan. The Department shall determine the type of technical assistance to be provided in collaboration with the school district.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-5.5 Review and approval process for the district improvement plan

(a) Within 60 days of the school district's receipt of the in-depth evaluation report, the CSA shall obtain district board of education approval for the proposed district improvement plan. The CSA shall submit to the Department the proposed district improvement plan, as approved by the district board of education. If the Department did not conduct an in-depth evaluation of the school district, the CSA shall submit to the Department the proposed district improvement plan, as approved by the district board of education, within 60 days of the final determination of the school district's placement on the performance continuum, as set forth at N.J.A.C. 6A:30-4.1(f).

If the district board of education does not approve the district improvement plan, the district board of education may require the CSA and the in-district team to reevaluate and/or revise the plan. If requested by the district board of education, the Commissioner may grant a reasonable extension(s) of time for submission of the district improvement plan approved by the district board of education.

(b) Failure by a school district to submit a district improvement plan in accordance with N.J.A.C. 6A:30-5.4 and (a) above may result in the withholding of State aid, pursuant to N.J.S.A. 18A:55-2, or, in appropriate circumstances, the initiation of intervention activities as set forth at N.J.A.C. 6A:30-6.2.

(c) The Department shall review the proposed district improvement plan to ensure it addresses all areas identified in the comprehensive review and the in-depth evaluation, if applicable. The Department shall ensure the plan contains measurable and attainable evidence-based objectives and strategies for achieving improvement, developing school district capacity, and improving school district effectiveness in each deficient area(s). The Department shall make a recommendation to the Commissioner proposing revisions to, or approval of, the proposed district improvement plan.

(d) The Commissioner shall review the proposed district improvement plan and the Department staff's recommendation within 30 days of receipt.

Upon approval of the district improvement plan, the Commissioner, or the Commissioner's designee, shall notify, in writing, the school district and shall ensure sufficient resources are allocated within the school district budget to implement the plan.

If the Commissioner determines the proposed district improvement plan needs revision, the Commissioner, or the Commissioner's designee, shall notify the school district. The school district shall revise the plan in the manner and within the time specified by the Commissioner, or the Commissioner's designee.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-5.6 Implementation and monitoring of an approved district improvement plan

(a) A school district shall implement its district improvement plan promptly upon Commissioner approval of the plan.

(b) Every six months, the Department shall review the school district's progress in implementing the district improvement plan. As part of this review, the school district shall submit in a Department-determined format a report of its progress in implementing each item(s) in the district improvement plan and in satisfying the performance indicators of the key component(s) of school district effectiveness that are the subject of the district improvement plan. Each six-month review also shall include an on-site visit at which time the Department may receive input from members of the in-district team responsible for developing the district improvement plan and others, as determined appropriate by Department staff.

If the Commissioner determines the school district satisfies 80 to 100 percent of the quality performance indicators in each of the five key components of school district effectiveness:

i. The Commissioner shall issue a letter of recognition designating the school district as high performing;

ii. The six-month reviews of the school district, pursuant to (b) above, shall cease; and

iii. Payment for any technical assistance provided by highly skilled professionals shall become the sole responsibility of the school district.

If the Commissioner determines the school district does not satisfy at least 80 percent of the quality performance indicators in each of the five key components of school district effectiveness, the Commissioner shall:

i. Issue a letter detailing the area(s) in which the school district continues to need improvement;

ii. Ensure the school district continues to receive appropriate technical assistance, if applicable; and

iii. Continue to monitor the school district's progress at the six-month review pursuant to (b) above.

(d) Upon Commissioner approval, a school district may amend its district improvement plan as circumstances warrant. Two years after the implementation of the initial district improvement plan, and every two years thereafter, the Department shall assess specifically whether to amend the district improvement plan to address insufficient progress by the school district in satisfying the quality performance indicators in one or more key components of school district effectiveness.

If the Commissioner determines the district improvement plan needs to be amended, the Department shall work collaboratively with the in-district team to develop amendments to the plan, which shall be subject to approval as set forth at N.J.A.C. 6A:30-5.5.
If the Commissioner determines the school district is making sufficient progress in all areas, the school district shall continue to implement the current district improvement plan without amendment.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-5.7 Technical assistance provided to school districts through the district improvement plan

(a) The Department may provide school districts with technical assistance to improve performance and increase school district capacity in areas of need as identified in the comprehensive review and/or the in-depth evaluation.

The type of technical assistance shall be delineated in the district improvement plan developed by the school district in collaboration with the Department.
The Commissioner may select and appoint appropriate Department personnel to provide the technical assistance set forth in the district improvement plan.
In consultation with the school district, the Commissioner may select and appoint other appropriate highly skilled professionals who are not Department personnel to provide the assistance set forth in the district improvement plan.
The technical assistance may be coordinated and provided on a regional or Statewide basis.

(b) The Commissioner shall determine the eligibility of persons to be designated as "highly skilled professionals" to perform specific functions in school districts. Highly skilled professionals may be Department employees and shall be selected considering the needs of the particular school district and the following criteria:

Relevant education and training;
Relevant professional experience;
Expertise in the field in which technical assistance is needed; and
Experience working with school districts.

(c) The Commissioner may assign highly skilled professionals to school districts to perform designated functions, including, but not limited to:

Participating as a member of the in-depth evaluation team, pursuant to N.J.A.C. 6A:30-5.3;
Providing technical assistance as delineated in the Commissioner-approved district improvement plan; and
Providing direct oversight of school district functions during a period of partial or full State intervention, pursuant to N.J.A.C. 6A:30-6.

(d) The Commissioner shall not appoint highly skilled professionals to a school district in any capacity that would create an actual or potential conflict of interest within the school district.

(e) The compensation of highly skilled professionals appointed by the Commissioner pursuant to (c)2 and 3 above shall be a shared expense of the school district and the Department, with each assuming one-half of the costs. The Department shall assume the total cost of compensation for technical assistance, pursuant to (c)2 above, provided by Department employees.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

Subchapter 6 INTERVENTION ACTIVITIES

N.J. Admin. Code § 6A:30-6.1 Forms of State intervention

(a) Where appropriate, pursuant to N.J.A.C. 6A:30-6.2, the Commissioner may seek partial or full State intervention in a school district.

(b) Under partial State intervention, the Department will intervene in one or more key components of school district effectiveness. Partial State intervention may include elements set forth at N.J.A.C. 6A:30-6.4 and 6.5.

(c) Under full State intervention, the Department will intervene in each of the five key components of school district effectiveness. Full State intervention may include elements set forth at N.J.A.C. 6A:30-6.7 and 6.8.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-6.2 Factors for initiating State intervention

(a) The Commissioner may seek to initiate partial State intervention in a school district if the school district satisfies less than 50 percent of the quality performance indicators in one to four of the five key components of school district effectiveness, and at least one of the following factors is present:

The school district has failed to submit its District Performance Review and/or failed to provide other documentation requested by the Department in connection with the comprehensive review within the established timeframe, pursuant to N.J.A. C. N.J.A.C. 6A:30-3;

The school district has failed to develop a district improvement plan that can be approved by the Commissioner, pursuant to N.J.A.C. 6A:30-5.4;
The school district has failed to implement the Commissioner-approved district improvement plan, pursuant to N.J.A.C. 6A:30-5.6;
Other circumstances warrant immediate action by the Commissioner to ensure the school district will provide a thorough and efficient education to its students; or
Other circumstances indicate insufficient school district capacity to ensure the school district will provide a thorough and efficient education to its students and the school district's unwillingness or inability to develop capacity without State intervention.

(b) The Commissioner may seek to initiate full State intervention in a school district when the school district: satisfies less than 50 percent of the quality performance indicators in each of the five key components of school district effectiveness; or the school district is under the direct oversight of a State fiscal monitor, appointed by the Commissioner pursuant to N.J.S.A. 18:7A-55 et seq., and satisfies less than 50 percent of the quality performance indicators in the instruction and program, operations, personnel, and governance components of school district effectiveness. At least one of the following factors also must be present:

The school district has failed to submit its District Performance Review and/or to provide other documentation requested by the Department in connection with the comprehensive review within the established timeframe, pursuant to N.J.A.C. 6A:30-3;
The school district has failed to develop a district improvement plan that can be approved by the Commissioner, pursuant to N.J.A.C. 6A:30-5.4;
The school district has failed to implement the Commissioner-approved district improvement plan, pursuant to N.J.A.C. 6A:30-5.6;
Other circumstances warrant immediate action by the Department to ensure the school district will provide a thorough and efficient education to its students; or
Other circumstances indicate insufficient school district capacity to ensure the school district will provide a thorough and efficient education to its students and the school district's unwillingness or inability to develop capacity without State intervention.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-6.3 Procedure for initiating partial State intervention

(a) When a school district qualifies pursuant to N.J.A.C. 6A:30-6.2(a), the Commissioner may seek partial State intervention in the school district by issuing an Order to Show Cause why an administrative order to place the identified key components of school district effectiveness under partial State intervention should not be implemented.

(b) At the Order to Show Cause's time of service, the Commissioner also shall serve upon the school district a proposed administrative order for partial intervention, which shall contain and incorporate a partial intervention plan developed by Department staff, pursuant to N.J.A.C. 6A:30-6.4.

(c) The Order to Show Cause shall be referred to the Office of Administrative Law, pursuant to N.J.S.A. 52:14B-1 et seq., for a plenary hearing conducted on an expedited basis. In this proceeding, the Department shall have the burden of showing the recommended administrative order is not arbitrary, unreasonable, or capricious.

(d) If the Commissioner determines, at the hearing process' conclusion, the school district has failed to show cause why the actions proposed should not occur, the Commissioner shall recommend to the State Board that it issue an order placing the school district under partial State intervention.

(e) The State Board may place the school district under partial intervention. The State Board's decision shall be considered final and may be appealed to the Superior Court, Appellate Division.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-6.4 Partial State intervention plan

(a) The partial State intervention plan at N.J.A.C. 6A:30-6.3 shall incorporate and amend the district improvement plan, and shall address, but need not be limited to, the following:

Whether the State Board, upon the Commissioner's recommendation, will appoint a school district superintendent if a vacancy occurs during the period of partial intervention. If a school district superintendent is appointed during the period of partial intervention, the intervention plan shall indicate the person shall be appointed for an initial term not to exceed two years and the school district shall be responsible for the costs of the superintendent's salary;
Whether highly skilled professionals will be appointed, pursuant to N.J.S.A. 18A:7A-14.c(5), to provide direct oversight in the school district.

i. If so, the intervention plan will state the key components of school district effectiveness over which the highly skilled professionals will have authority and their powers, authority, and duties;

ii. The intervention plan also shall establish a decision-making hierarchy to address conflicts that arise between persons appointed by the Commissioner and school district personnel;

iii. The intervention plan shall state the costs of the highly skilled professional(s) will be divided equally between the State and the school district; and

Whether the Commissioner intends to exercise the Commissioner's authority to appoint, with the State Board's approval pursuant to N.J.A.C. 6A:30-6.5, up to three additional members to the district board of education.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-6.5 Structure of the district board of education under partial State intervention

(a) If the partial intervention plan incorporated into the administrative order for partial intervention provides for the Commissioner, with State Board approval, to appoint up to three additional members to the district board of education, the following shall apply:

The Commissioner shall appoint at least one of the additional members from a list of three candidates provided by the governing body of the municipality in which the school district is located. If the school district is a regional school district, one of the additional members shall be selected by the Commissioner from a list containing three candidates from each constituent municipality provided by the governing bodies of the respective municipalities. If the school district is a county vocational school district or a county special services school district, the list of three candidates shall be provided by the governing body of the county in which the school district is located.
The Commissioner shall make every effort to appoint residents of the school district; and
The appointed district board of education members shall meet all requirements at N.J.S.A. 18A:12-1 et seq., and shall be registered voters in the State, except they shall not be required to be residents of the school district or be registered to vote in the school district.

(b) The appointed district board of education members shall comply with the School Ethics Act, N.J.S.A. 18A:12-21 et seq.

(c) The appointed district board of education members shall be non-voting members of the district board of education and shall have all other rights, obligations, powers, and privileges of district board of education members.

Six months following the initial order for partial State intervention, the Commissioner shall determine whether the appointed district board of education members shall become voting members.
If the Commissioner determines the appointed district board of education members shall become voting members, the district board of education may appeal the determination to the Superior Court, Appellate Division.

(d) The appointed district board members shall report to the Commissioner on the district board of education's activities and shall provide assistance to the district board of education on matters deemed appropriate by the Commissioner, including, but not limited to, the applicable laws and rules governing specific district board of education action.

(e) The appointed district board of education members shall be appointed 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 Commissioner-appointed membership appointed shall be filled in the same manner as the original appointment.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-6.6 Procedure for initiating full State intervention

(a) When a school district qualifies pursuant to N.J.A.C. 6A:30-6.2(b), the Commissioner may seek full State intervention in the school district by issuing an Order to Show Cause why an administrative order to place the school district under full State intervention should not be implemented.

(b) At the time of the Order to Show Cause's service, the Commissioner also shall serve upon the school district a proposed administrative order for full intervention that shall contain and incorporate a full intervention plan developed by the Department, pursuant to N.J.A.C. 6A:30-6.7.

(d) If the Commissioner determines, at the hearing process' conclusion, the school district has failed to show cause why the actions proposed by the Department should not occur, the Commissioner shall recommend to the State Board that it issue an order placing the school district under full State intervention.

(e) The State Board may place the school district under full State intervention. The State Board's decision shall be considered final and may be appealed to the Superior Court, Appellate Division.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-6.7 Full State intervention plan

(a) The full State intervention plan at N.J.A.C. 6A:30-6.6 shall incorporate and amend the district improvement plan, and shall address, but need not be limited to, the following:

Whether the State Board, upon the Commissioner's recommendation, will appoint a State district superintendent.

i. If a State district superintendent is appointed, the intervention plan shall indicate the person shall be appointed for an initial term not to exceed three years and the costs of the State district superintendent's salary shall be an expense of the school district; and

ii. If the State Board chooses to appoint the existing school district superintendent, the intervention plan shall indicate that the school district superintendent shall agree to terminate their existing employment contract with the school district; and

Whether highly skilled professionals will be appointed, pursuant to N.J.S.A. 18A:7A-15.c, to provide direct oversight in the school district.

i. If so, the intervention plan will state the key components of school district effectiveness the highly skilled professionals will oversee and their powers, authority, and duties;

ii. The intervention plan also shall establish a decision-making hierarchy if conflicts arise between highly skilled professionals and school district personnel; and

iii. The plan shall state that the costs of the highly skilled professional(s) will be divided equally between the State and the school district;

Whether the positions of the school district's school district superintendent and the executive administrators responsible for curriculum, business and finance, and personnel will be abolished. If any of the positions are abolished, the provisions at N.J.S.A. 18A:7A-44.a, with respect to notice, salary, tenure rights, etc., shall apply;
Whether a Capital Project Control Board shall be established in the school district, with the functions and powers set forth at N.J.S.A. 18A:7A-46.1 et seq. If the plan does not require establishment of a Capital Project Control Board, then the plan will set forth a procedure for development and approval of capital projects in the school district; and
Whether the Commissioner intends to exercise the Commissioner's authority to appoint, with the State Board's approval, up to three additional members to the district board of education, pursuant to N.J.A.C. 6A:30-6.5.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-6.8 Operations of the district board of education under full State intervention

(a) When a school district enters full State intervention, the current district board of education shall continue in place but shall serve only in an advisory capacity and shall have only the rights, powers, and privileges of an advisory district board of education.

(b) The advisory district board of education shall meet at least once per month at dates and times determined by the State district superintendent.

(c) Any advisory district board of education member seat vacancy(ies) shall be filled in the same manner as the seat(s) was/were filled initially.

(d) If the full State intervention plan incorporated into the administrative order for full intervention provides for the Commissioner, with State Board approval, to appoint up to three additional members to the advisory district board of education, the following shall apply:

The Commissioner shall appoint at least one of the additional members from a list of three candidates provided by the governing body of the municipality in which the school district is located. If the school district is a regional school district, one of the additional members shall be selected by the Commissioner from a list containing three candidates from each constituent municipality provided by the governing bodies of the respective municipalities. If the school district is a county vocational school district or a county special services school district, the list of three candidates shall be provided by the governing body of the county in which the school district is located;
The Commissioner shall make every effort to appoint residents of the school district; and
The appointed district board of education members shall meet all the requirements at N.J.S.A. 18A:12-1 et seq., and shall be registered voters in the State, except they shall not be required to be residents of the school district or registered to vote in the school district.

(e) The appointed district board of education members shall comply with the School Ethics Act, pursuant to N.J.S.A. 18A:12-21 et seq.

(f) The appointed district board of education members shall be non-voting members of the advisory district board of education and shall have all other rights, obligations, powers, and privileges of advisory district board of education members.

Six months following the initial order for full State intervention, the Commissioner shall determine whether the appointed district board of education members shall become voting members of the advisory district board of education. If the Commissioner-appointed members become voting members of the advisory district board of education, they shall have the same rights and privileges with respect to voting as other advisory district board of education members.
If the Commissioner determines the appointed district board of education members shall become voting members, the advisory district board of education may appeal the determination to the Superior Court, Appellate Division.

(g) The appointed district board members shall report to the Commissioner on the advisory district board of education's activities and shall provide assistance to the advisory district board of education on matters deemed appropriate by the Commissioner, including, but not limited to, the applicable laws and rules governing specific advisory district board of education action.

(h) The appointed district board of education members shall be appointed for a term of two years.

The Commissioner shall obtain State Board approval for any extension of the two-year term.
Any vacancy in the Commissioner-appointed membership shall be filled in the same manner as the original appointment.

(i) The advisory district board of education shall assess, on a regular basis, the school district's progress and shall report on the progress no less than twice per year to the State district superintendent, the public, and other persons designated in the intervention plan. Copies of the report shall be forwarded to the Commissioner and the State Board.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-6.9 Assessment activities during the period of intervention

(a) During the period of partial or full State intervention:

Comprehensive reviews pursuant to N.J.A.C. 6A:30-3 shall be continued; and

School district monitoring at six-month intervals pursuant to N.J.A.C. 6A:30-5.6(b) shall be continued.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

Subchapter 7 WITHDRAWAL FROM PARTIAL OR FULL STATE INTERVENTION

N.J. Admin. Code § 6A:30-7.1 Factors for initiating return to local control

(a) A school district in full State intervention shall remain in status for no less than three years before the process of withdrawal from intervention can begin.

(b) The Commissioner will consider the following factors in determining whether to initiate a full or partial withdrawal from intervention in a school district:

Evidence of sustained and substantial progress by the school district, demonstrated by the school district having satisfied 80 to 100 percent of the quality performance indicators in one or more of the key components of school district effectiveness under State intervention, as shown by the comprehensive reviews, six-month Department reviews, and/or other appropriate evidence; and
Substantial evidence the school district has adequate programs, policies, and personnel in place and in operation to ensure the demonstrated progress, with respect to the key components of school district effectiveness under intervention, will be sustained.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-7.2 Procedure for transition to partial State intervention or to local control

(a) If the Commissioner determines a school district under State intervention has satisfied the factors at N.J.A.C. 6A:30-7.1(b) for one or more of the key components of school district effectiveness, the Commissioner shall recommend to the State Board that the process for withdrawal from intervention be initiated. Based on the Commissioner's recommendation, the State Board may grant approval for the Department to initiate the transition to local control in the key components of school district effectiveness for which the school district satisfied 80 to 100 percent of the quality performance indicators and shows evidence the progress will be sustained.

(b) If the State Board grants approval to initiate the transition to withdrawal from State intervention, the Commissioner shall notify the school district of the State Board's decision.

(c) As an initial step in the transition process, the Department shall develop, in collaboration with the school district, a transition plan that shall contain the components at N.J.A.C. 6A:30-7.3 and shall address the transition to local control of the key component(s) of school district effectiveness for which the school district has met the requirements at N.J.A.C. 6A:30-7.1(b).

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-7.3 Components of the transition plan

(a) The transition plan shall address, but need not be limited to, the following:

A timetable for the activities relating to and leading to the withdrawal from State intervention in the key component(s) of school district effectiveness under transition;
Provisions regarding the continued employment status of the State district superintendent appointed during the period of intervention; provided the State district superintendent shall continue to hold the position until the school district satisfies the factors at N.J.A.C. 6A:30-7.1(b) with respect to governance and the key component of school district effectiveness in the area of governance is returned to local control;
Provisions regarding the continued provision of technical assistance by highly skilled professionals;
Provisions regarding the continued use of and any change(s) in the duties, authority, and responsibilities of highly skilled professionals appointed to provide direct oversight in the school district. The transition plan also shall establish a decision-making hierarchy if conflicts arise between persons appointed and school district personnel regarding school district operations;
Specific goals and benchmarks to assist the school district in satisfying the factors at N.J.A.C. 6A:30-7.1(b) with respect to the remaining key component(s) of school district effectiveness under intervention;
When the key component of school district effectiveness in the area of governance is being returned to local control, provisions regarding the status of Commissioner-appointed district board of education members;
Provisions regarding the receipt of and payment for technical assistance by the school district; and
Provisions for discontinuance of the Capital Projects Control Board, if applicable.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-7.4 Implementation of the transition plan

(a) Upon Commissioner approval, the transition plan shall be presented at a public district board of education meeting and officially noted in the minutes. The district board of education shall be immediately required to implement the transition plan's provisions.

(b) During the transition period, the Department shall continue to monitor the school district, pursuant to N.J.A.C. 6A:30-5.6, to ensure progress is sustained and the transition plan is being implemented.

(c) The transition plan shall be updated and amended as the school district achieves compliance with N.J.A.C. 6A:30-7.2(a) with respect to the other key components of school district effectiveness or as other circumstances warrant.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-7.5 Transition process for the key component of school district effectiveness in the area of governance for school districts under full State intervention

(a) A district board of education transitioning from full State intervention will continue to have the rights, powers, and duties of an advisory district board of education, notwithstanding it may be placed in partial State intervention as part of the transition to local control, unless and until the key component of school district effectiveness in the area of governance has been returned to local control.

(b) Despite the continuation of the district board of education as an advisory board, the State Board may return, upon Commissioner recommendation, some voting functions to the district board of education as part of and in furtherance of the process of transition to local control of the key component of school district effectiveness in the area of governance. If some voting functions are returned to the district board of education, the Commissioner or the Commissioner's designee shall have the authority to veto any action by the district board of education in accordance with N.J.S.A. 18A:7A-53.c.

(c) Not more than one year following the return of the key component of school district effectiveness in the area of governance to local control, the district board of education shall call a special election for purposes of placing the question of classification status, pursuant to N.J.S.A. 18A:9-1 et seq., before the school district's voters. The special election shall be conducted in accordance with the provisions of Title 19 of the Revised Statutes concerning school elections.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

N.J. Admin. Code § 6A:30-7.6 Completion of the transition process

(a) Upon successful implementation of a full transition plan to local control, the Commissioner shall recommend to the State Board the withdrawal from intervention be completed and the school district be returned fully to local control.

(b) Upon State Board approval, the Commissioner shall make a determination regarding the school district's placement on the performance continuum, notify the school district of the placement, and issue a letter to the school district designating it as a "high performing" school district.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

Subchapter 8 OBSERVATION OF INSTRUCTIONAL PRACTICES AND EVALUATION OF SCHOOL DISTRICT FACILITIES

N.J. Admin. Code § 6A:30-8.1 Observation of instructional practices and evaluation of school district facilities

Nothing in this chapter shall limit the Department's ability to monitor school district practices by, among other things, conducting on-site visits to observe instructional practices and school facilities, or to take other action the Commissioner or the Commissioner's designee deems necessary to ensure the satisfaction of any statutory or constitutional obligation.

History

Amended by 49 N.J.R. 3681(a), effective 12/4/2017

Chapter 31 RENAISSANCE SCHOOLS

Subchapter 1 PURPOSE AND DEFINITIONS

N.J. Admin. Code § 6A:31-1.1 Purpose

The rules in this chapter are promulgated pursuant to N.J.S.A. 18A:36C-13 and govern the creation and operation of renaissance school projects under the Urban Hope Act, N.J.S.A. 18A:36C-1 et seq.

N.J. Admin. Code § 6A:31-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise:

"Annual recruitment period" means the period during which an operating renaissance school project conducts outreach efforts to the community for application and enrollment of students for the subsequent school year, and the conducting of a lottery, if needed.

"Attendance area" means the geographic area delineated for each renaissance school facility property by the renaissance school district or as identified in the application approved by the Commissioner in the case of land not owned by the New Jersey Schools Development Authority or the renaissance school district.

"Board of trustees" means the public agents authorized through a contract between the nonprofit entity and renaissance school district that has been approved by the Commissioner to govern a renaissance school project.

"Contract" means an agreement between the nonprofit entity and renaissance school district that has been submitted to, and approved by, the Commissioner to enable a renaissance school project pursuant to N.J.S.A. 18A:36C-6.

"Development budget" means the total of all costs associated with the completion of a substantial reconstruction of a renaissance school facility.

"District board of education" means the board of education of a school district 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.

"District contingency plan" means an agreement between the renaissance school district and the nonprofit entity(ies) determining how students enrolled in the renaissance school project will be educated if the renaissance school project is unable to open as determined during the preparedness assessments.

"Initial recruitment period" means the first period of time that the administration or board of trustees of a soon-to-open renaissance school conducts outreach related to the application and enrollment of students, and the holding of a lottery, if necessary, for the first operating school year.

"Newly constructed school" means a renaissance school facility constructed within five years immediately prior to when the nonprofit entity takes control of the facility, with the exception of any school facility newly constructed by the New Jersey School Development Authority.

"Nonprofit entity" means a nonprofit educational organization that is either applying to establish or is currently operating a renaissance school project in a renaissance school district.

"Non-resident district board of education" means the board of education of a school district in which a non-resident student resides.

"Non-resident student" means a student who resides outside of the renaissance school district.

"Preparedness assessment" means a Department assessment that gauges readiness for renaissance school project opening.

"Record of success" means an entity's demonstrated track record of success in operating a school in a high-risk, low-income urban school district.

"Renaissance per pupil rates" means the per pupil amounts the renaissance school district must pay to the nonprofit entity operating the renaissance school project as required by N.J.S.A. 18A:36C-7.e and 7.1.

"Renaissance school district" means as defined in N.J.S.A. 18A:36C-3.

"Renaissance school facility" means a school building or group of buildings within an approved renaissance school project.

"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 preschool through grade 12, or in a grade range less than preschool through grade 12 that is agreed to by the school district, and is operated and managed by a nonprofit entity in a renaissance school district. A renaissance school facility shall be deemed newly constructed if it was constructed within five years immediately prior to when the nonprofit entity takes control of the facility, with the exception of any school facility newly constructed by the New Jersey School Development Authority. A school or group of schools may include existing facilities that have undergone substantial reconstruction within five years immediately prior to when the nonprofit entity takes control of the facilities. 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. 5:23-3.14(b); 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 that 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 N.J.S.A. 18A:36C-5.

"Renewal of contract" means the determination by the Commissioner at the end of a contract term to authorize the continuation of the renaissance school project contract for an additional five-year period.

"Resident student" means a student who resides within the renaissance school district.

"Substantial reconstruction" means renaissance school facility renovations that reflect a total development budget equal to at least 50 percent of the fair market value as determined pursuant to N.J.A.C. 6A:31-3.3. 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 rules outlined in the New Jersey Barrier Free Subcode at N.J.A.C. 5:23-3.14(b); 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.

"Urban campus area" means the area within a 1.5-mile radius of the site of the initial renaissance school facility of a renaissance school project, except that a high school building that is part of the renaissance school project may be located within a two-mile radius of the site of the initial renaissance school facility of a renaissance school project.

"Waiting list" means the document identifying the names of grade-eligible students with applications to a renaissance school project, pending acceptance for the subsequent school year, based upon the order of random selection from a lottery following a recruitment period.

"Years of experience" means the length of relevant experience in operating a school in a high-risk, low-income urban school district as demonstrated by the nonprofit entity or its founding members.

History

Administrative change.
See: 46 N.J.R. 1743(a).
Amended by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
In the introductory paragraph, deleted ", as used in this chapter," following "terms", and inserted "when used in this chapter"; in definition "Comprehensive school facilities plan", inserted ", also known as a long-range facilities plan,"; in definition "District contingency plan", inserted the first occurrence of "renaissance"; in definition "Initial recruitment period", substituted "lottery" for "random selection process"; in definition "Years of experience", inserted ", a nonprofit entity having at least one founding member with such experience," added definitions "District board of education" and "Urban campus area"; deleted definitions "Long-term financial plan", "Non-instructional personnel", "School district", and "Short-term financing plan"; substituted definition "Newly constructed school" for "Newly-constructed school"; and rewrote definitions "Renaissance school project" and "Renaissance school rate".
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Rewrote the section.
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
Added definitions "Annual recruitment period" and "Waiting list"; in definition "Board of trustees", deleted "by the renaissance school district board of education" following "authorized", and inserted "between the nonprofit entity and renaissance school district that has been"; in definition "Contract", inserted "renaissance" and a comma following "to" and "by", and deleted "the Department" preceding "and approved"; in definition "Development budget", inserted "of a renaissance school facility"; in definition "Preparedness assessment", inserted "renaissance"; in definition "Renaissance school facility", substituted "building or group of buildings" for "facility"; in definition "Urban campus area", inserted "renaissance" and "facility" twice, and deleted "as defined in N.J.S.A. 18A:36C-3" at the end; substituted definition "Non-resident district board of education" for "Non-resident school district", and inserted "the board of education of"; and rewrote definitions "Initial recruitment period", "Newly constructed school", "Renaissance school project", and "Substantial reconstruction".

Subchapter 2 APPLICATION PROCESS

N.J. Admin. Code § 6A:31-2.1 Renaissance school district's request for proposals

(a) The renaissance school district shall prepare a request for proposals (RFP) for identifying nonprofit entities to partner in a renaissance school project. Additionally, the renaissance school district shall propose a scoring rubric for assessing the RFP responses. The scores determined by applying the rubric shall be used in deciding whether the renaissance school district will undertake any, or up to four, renaissance school project(s) with the applicant nonprofit entities. Both the RFP and the proposed scoring rubric shall be approved by the Commissioner before being issued. One RFP issuance may be used by a renaissance school district to initiate one or more renaissance school projects. A renaissance school district may issue more than one RFP simultaneously or at separate times.

(b) The renaissance school district shall assign the following weights in the scoring rubric used to evaluate a nonprofit entity's RFP response:

The following factors shall comprise at least 70 percent of the renaissance school district's RFP scoring rubric:

i. A nonprofit entity's years of experience in school improvement;

ii. A nonprofit entity's record of success in engendering student growth and improving the academic performance of at-risk students, multilingual learners, and students with a disability; and

iii. Evidence of a nonprofit entity's financial stability.

Any other factor(s) not prohibited from consideration pursuant to (c) below may comprise no more than 30 percent of the renaissance school district's decision-making process.

The renaissance school district may submit, in writing, an alternative RFP scoring rubric to the Commissioner prior to issuing the RFP. The alternative RFP scoring rubric shall include the proposed scoring system and rationale. The school district may not issue the RFP until the Commissioner has approved the revised RFP scoring rubric.

(c) The renaissance school district's RFPs shall not be unduly restrictive of competition, which shall mean the renaissance school district shall not require that a nonprofit entity:

Exceed State academic performance standards;
Comply with minimum State facilities efficiency standards in accordance with N.J.A.C. 6A:26 , Educational Facilities;
Possess more than three years of experience providing educational services;
Employ senior internal management or administrative staff with more than three years of relevant experience;
Employ non-senior internal management or administrative staff with more than three years of relevant experience;
Impose experience requirements for the employment of renaissance school project administrative or instructional staff in excess of State licensure standards in accordance with N.J.A.C. 6A:9B, State Board of Examiners and Certification;
Conform the proposed location of the renaissance school project to a geographic location within the renaissance school district that is smaller than a pre-existing attendance area; or
Submit a proposal for a specialized school that is not in accordance with the renaissance school district's current approved Quality Single Accountability Continuum (QSAC) district improvement plan pursuant to N.J.A.C. 6A:30-5.4, unless the school district has obtained the prior authorization of the Commissioner.

(d) The renaissance school district shall abide by the following timelines, unless otherwise authorized by the Commissioner:

The renaissance school district's RFPs shall require interested nonprofit entities to respond within 40 business days of the RFP's issuance.
The renaissance school district shall accept or reject each submitted proposal within 20 business days of the proposal submission deadline.

The renaissance school district shall forward to the Commissioner a summary of its decisions within 25 business days of the proposal submission deadline.

The renaissance school district shall inform the community of its intention to enter into a contract (s) based on the RFP response(s) within 25 business days of the proposal submission deadline.

History

Administrative change.
See: 46 N.J.R. 1743(a).
Amended by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
Section was "Renaissance school district's responsibilities and authority". Rewrote the section.
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
In (c)6, inserted "project".
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
Inserted "renaissance" throughout; in (a), substituted "entities" for "organizations"; in (b)2, substituted "pursuant to" for "under"; in (c)6, substituted "6A:9B, State Board of Examiners and Certification" for "6A:9, Professional Licensure and Standards"; in (c)7, inserted "project"; in (d)4, deleted "board of education" following "district"; and rewrote (b)1ii and (c)8.

Subchapter 3 APPLICATIONS TO THE COMMISSIONER; APPROVAL OF CONTRACTS

N.J. Admin. Code § 6A:31-3.1 Applications and proposed agreements to the Commissioner for each proposal accepted by the renaissance school district

(a) Within 10 days of the public notification under N.J.A.C. 6A:31-2.1(d)4, the renaissance school district and each nonprofit entity selected for a renaissance school project partnership through the school district's RFP process shall submit a project application to the Department in the Commissioner-prescribed format. The renaissance school district and nonprofit entity shall submit a project application for each proposed renaissance project.

(b) The project application shall include, at a minimum:

Documentation of the renaissance school district's amendment to its long-range facilities plan, pursuant to N.J.S.A. 18A:7G-4, reflecting plans for the proposed renaissance school project;

The proposed method by which State grants and Federal funds will be distributed to the renaissance school project by the renaissance school district, which shall ensure the renaissance school project(s) receives no less than the school district's average per pupil allotment for all eligible students if the school is qualified to receive State grants and/or Federal funds;
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 the process employed by the renaissance school district was open, fair, and subject to public input and comment. The description shall include, at a minimum:

i. The RFP(s) issued by the renaissance school district;

ii. The number of responses received; and

iii. The process and criteria employed by the renaissance school district to select the chosen nonprofit entity among the respondents;

In the case of a school district under full or partial State intervention with an advisory board of education, the application shall contain evidence that the 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, public notice(s) used to advertise the meetings, agendas, presentation materials used at the meetings, and written public comments received during the meetings. In the case of State-intervention school 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 shall give due consideration when considering the application to any disapproval from the advisory board;
The name of the renaissance school project; the renaissance school project's educational goals; the curriculum to be offered, including a description of how the curriculum aligns to the New Jersey Student Learning Standards; and the methods of assessing whether students are meeting the proffered educational goals;
Assurances the renaissance school project will participate in all required Statewide assessments;
Any testing and academic performance standard(s) to be mandated by the renaissance school project beyond those required by State law and regulation;
The admission policy and criteria for evaluating the admission of students to the renaissance school project, which shall comply with N.J.S.A. 18A:36C-8;
The age or grade range of students to be enrolled in the renaissance school project;
The total number of students to be enrolled in each grade level of the renaissance school project;
The renaissance school project calendar and school-day schedule;
The financial plan for the renaissance school project and provisions that will be made for auditing, pursuant to N.J.S.A. 18A:23-1;
A budget covering projected revenue sources and planned expenditures for the first year of operation. The budget shall include all anticipated start-up costs and revenues from the renaissance school project's approval date through the beginning of the fiscal year. The budget shall clearly identify funds intended to be raised through future fundraising efforts; the expected return on such efforts shall be supported with documentation of the nonprofit entities' past fundraising efforts. The estimated cost and anticipated source of funding for facilities shall also be included in the budget summary;

A description of, and address for, the initial school facility in which the renaissance school project will be located, and affirmation that any other school facility(ies) 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, the nonprofit entity shall notify the Commissioner of the facility's location at least one year prior to its opening;

Assurances the proposed renaissance school project will meet school facility rules pertaining to student health and safety, pursuant to N.J.S.A. 18A:36C-4.b(11);

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;
Identification of the attendance area of each renaissance school facility in the renaissance school project and an indication of which facility(ies) in the renaissance school project will not be located on land owned by the New Jersey Schools Development Authority or the renaissance school district; and
Other information as required from a specific applicant by the Commissioner.

(c) Following the initial review of the application pursuant to (a) or (b) above, the Department may request subsequent information from the renaissance school district or the nonprofit entity as addenda to the application.

(d) Following review of the application and addenda, the Commissioner will make a decision regarding the application. The Commissioner will notify the nonprofit entity and school district of the decision, which may be appealed pursuant to N.J.S.A. 18A:6-9.1.

(e) Within 60 business days of the Commissioner's approval of the renaissance school district and nonprofit entity's application, the school district and nonprofit entity shall submit a preliminary agreement that shall become, upon Commissioner review, the contract required pursuant to N.J.S.A. 18A:36C-6. Upon written request to the Commissioner, the 60-business-day deadline may be extended for reasonable cause at the Commissioner's discretion. The preliminary agreement shall contain, at a minimum:

A clause prohibiting a renaissance school district from terminating the contract without the Commissioner's prior approval;
A detailed description of the lottery process for student enrollment consistent with N.J.A.C. 6A:31-4;
A detailed description of the renaissance school district's process for informing parents or guardians of their right to opt out of a renaissance school if they decide not to enroll the student in the renaissance school. This also shall include instructions on how students can enroll in another school in the renaissance school district if their parents or guardians choose;
A district contingency plan stipulating specifically the date that will trigger the contingency plan;
A clause stating "unless otherwise provided in N.J.S.A. 18A:36C-1 et seq., a renaissance school project shall be governed by all laws and rules applicable to charter schools";
A statement of incorporation of all terms of the approved application;
A clause requiring any amendment to the contract, including any contingency plan(s), be approved by the Commissioner;
Provisions addressing the sharing of student data between the renaissance school project and the renaissance school district;
A clause outlining payment arrangements for student out-of-district placements between the renaissance school project and the renaissance school district; and
Any additional clause(s) deemed necessary by the Commissioner for a specific preliminary agreement.

(f) In years subsequent to the application's initial approval, the renaissance school district and nonprofit entity may seek approval for an amendment of the approved application. A renaissance school district and nonprofit entity shall submit to the Commissioner updates to (b)5 through 18 above and any proposed revision to the contract detailing the modifications from the original contract.

(g) The Commissioner will make a decision approving or denying the application and/or proposed amendments following the review. The Commissioner will notify the nonprofit entity and renaissance school district of the decision, which may be appealed pursuant to N.J.S.A. 18A:6-9.1.

(h) The renaissance school project application submitted pursuant to (b)5 through 18 above shall be considered the organizational document for the purposes of N.J.S.A. 18A:36C-6.b. Any change(s) to the information identified in (b)5 through 18 above that have been approved pursuant to (f) above shall be deemed amendments to the organizational document.

(i) Following the Commissioner's approval of the agreement, the renaissance school district and nonprofit entity shall enter into a contract for a term of 10 years.

History

Amended by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
Section was "Applications and proposed agreements to the Commissioner". Rewrote the section.
Administrative change.
See: 48 N.J.R. 1802(a).
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Rewrote the section.
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).

N.J. Admin. Code § 6A:31-3.2 Preparedness assessment(s)

(a) Prior to the renaissance school project opening to serve students in its first year, the Department will conduct no fewer than two preparedness assessments on dates to be scheduled by the Department with the nonprofit entity.

Fifteen business days prior to any preparedness assessment, the nonprofit entity shall provide the Department documentation showing the status of the renaissance school project's construction schedule and progress in complying with all applicable sections of N.J.A.C. 6A:26 .

After the initial preparedness assessment, the Department may require the nonprofit entity to submit a monthly action plan detailing the renaissance school project's progress and/or direct the nonprofit entity to contract with a third-party assessor to provide an estimate on a date of completion of the school construction project.

At any time after the initial preparedness assessment, the Department may direct the renaissance school district to implement the district contingency plan if the Department determines the renaissance school project is unable to open by the beginning of the school year.

History

Adopted by 47 N.J.R. 717(a), effective 4/6/2015.

N.J. Admin. Code § 6A:31-3.3 Substantial reconstruction of additional facilities as part of an approved renaissance school project

(a) Prior to the opening of each renaissance school that will undergo substantial reconstruction, the renaissance school project shall submit to the Commissioner and the renaissance school district, a plan for the facility's substantial reconstruction. The substantial reconstruction plan shall include:

A description of the reconstruction that is to take place;
An estimated timeline for the completion of the substantial reconstruction, which shall include estimated dates for the filing and receipt of demolition and/or construction permits, the completion of the substantial reconstruction, and any other significant construction milestones;
An estimate of the development budget that includes the cost of the substantial reconstruction as a percentage of the appraised fair market value of the property to show that it satisfies the definition of substantial reconstruction; and
A copy of the appraisal report that includes the property's fair market value as determined pursuant to (b) below.

(b) To determine the fair market value of the property for purposes of satisfying the definition of substantial reconstruction, the renaissance school project shall select an independent Member Appraisers Institute (MAI) appraiser to conduct an appraisal of the fair market value of the property, factoring in building conditions (for example, environmental conditions and required remediation, recent building improvements, the annual cost of facilities maintenance for the preceding 12 months, and use restrictions of the building as a public school facility) into such appraisal.

Within 45 business days of receiving the substantial reconstruction plan, the school district superintendent or State district superintendent of the renaissance school district shall notify the Commissioner and the renaissance school project if the renaissance school district does not accept the renaissance school project's fair market value appraisal and shall submit an appraisal of its own to the Commissioner and the renaissance school project. This appraisal shall be conducted by an independent MAI appraiser and shall factor in building conditions (for example, environmental conditions and required remediation, recent building improvements, the annual cost of facilities maintenance for the preceding 12 months, and use restrictions of the building as a public school facility). Failure of the school district superintendent or State district superintendent of the renaissance school district to notify the Commissioner and the renaissance school project if the renaissance school district does not accept the renaissance school project's fair market value appraisal and submit an appraisal within 45 business days of receiving the substantial reconstruction plan, shall constitute acceptance of the renaissance school project's fair market value appraisal.
If the two appraised values of the property differ, such that the renaissance school project's development budget no longer satisfies the definition of substantial reconstruction, the parties together shall select and share the cost of a review appraiser who shall be an independent MAI appraiser.

i. The renaissance school project and the renaissance school district shall jointly arrange for the review appraiser to conduct a comprehensive review of the renaissance school project's and the renaissance school district's appraisals, including building conditions (for example, environmental conditions and required remediation, recent building improvements, the annual cost of facilities maintenance for the preceding 12 months, and use restrictions of the building as a public school facility), and to determine the fair market value of the property for purposes of satisfying the definition of substantial reconstruction.

ii. The renaissance school project and the renaissance school district shall jointly arrange for the review appraiser to issue a review appraisal within 30 business days from the date of selection as the review appraiser and to submit a copy of the review appraisal to the renaissance school project, the school district superintendent or State district superintendent of the renaissance school district, and the Commissioner.

If the review appraisal of the property does not alter the renaissance school project's compliance with the definition of substantial reconstruction, the review appraisal shall be deemed the property's final fair market value.
Upon the calculation of the property's final fair market value, the renaissance school project shall resubmit its substantial reconstruction plan to the Commissioner and the renaissance school district pursuant to (a) above.

(c) The Commissioner shall notify the renaissance school project as to whether it satisfies the requirements for the substantial reconstruction plan. If the plan meets the section's requirements, the renaissance school project may commence construction pursuant to the plan.

To qualify for funding pursuant to N.J.S.A. 18A:36C-7.e for students attending a facility undergoing substantial reconstruction, the renaissance school project shall submit to the Commissioner a copy of the demolition or construction permit(s) for the facility's substantial reconstruction as evidence of beginning construction pursuant to N.J.S.A. 18A:36C-7.1.
If the renaissance school project makes a material modification to the scope of the substantial reconstruction at any time prior to the substantial reconstruction's completion, the renaissance school project shall submit to the Commissioner a revised substantial reconstruction plan that complies with (a) and (b) above.
The renaissance school project shall submit quarterly reports to the Commissioner with an update on the status and cost of the reconstruction.

(d) The renaissance school project shall notify the Commissioner upon completion of the substantial reconstruction, at which time the Commissioner shall ensure the renaissance school project satisfied the definition of substantial reconstruction.

History

Recodified to N.J.A.C. 6A:31-3.2 by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
Section was "Preparedness assessment(s)".
New Rule, R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Section was "Reserved".
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
In (a), inserted "facility" and the fourth occurence of "renaissance school".

Subchapter 4 STUDENT RECRUITMENT AND ENROLLMENT

N.J. Admin. Code § 6A:31-4.1 Enrollment process for renaissance school facilities located on land owned by the New Jersey Schools Development Authority or the renaissance school district

(a) A renaissance school facility located on land owned by the New Jersey Schools Development Authority or the renaissance school district shall automatically enroll students residing in the attendance area established by the renaissance school district for that property. The renaissance school project located 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 it is not offered; a student enrolled in the immediately preceding school year shall have priority for enrollment in a grade that is at capacity over a student who would otherwise be eligible automatically for initial enrollment in the renaissance school project based on the student's residence in the attendance area established for the renaissance school project.

(b) If there are more students in the attendance area than seats in the renaissance school facility, the renaissance school project shall determine enrollment by a lottery for students residing in the attendance area. Students who participate in this lottery shall receive enrollment priority. 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.

(c) A renaissance school project may give enrollment priority to a sibling of a student enrolled in the renaissance school project.

(d) 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.

(e) The renaissance school district and the renaissance school project shall agree to a process for the parents or guardians of students residing in the renaissance school project facilities' attendance areas to submit documentation for enrollment in the renaissance school project. If spaces remain available after the agreed-upon deadline for submitting such documentation, students subsequently shall be selected for the remaining spaces through a lottery system.

(f) The first lottery shall include resident students who reside outside of the attendance area of the renaissance school facility.

(g) If space remains available, a second lottery that may include non-resident students shall be conducted.

(h) The lottery(ies) shall be coordinated and administered by the renaissance school project, unless a centralized process is in place that complies with N.J.S.A. 18A:36C-8 and is agreed upon by the renaissance school project and the renaissance school district.

History

Amended by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
Deleted former (a); recodified former (b) as (a); rewrote (a); added new (b); and in (g), substituted ", which shall be" for ". The renaissance school is".
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Section was "Enrollment process for renaissance schools built on land owned by the New Jersey Schools Development Authority or the renaissance school district". Rewrote the section.
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
Rewrote the section.

N.J. Admin. Code § 6A:31-4.2 Enrollment process for renaissance school facilities not located on land owned by the New Jersey Schools Development Authority or the renaissance school district

(a) If a renaissance school facility is located on land that is not 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 renaissance school facility's attendance area identified in the application submitted by the renaissance school project and approved by the Commissioner. If there are more students in this attendance area than seats in the renaissance school project, the renaissance school project shall determine enrollment by a lottery for students residing in the attendance area. Students who participate in this lottery shall receive enrollment priority. 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.

(b) A renaissance school project that is located on land not 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.

(c) A renaissance school project may give enrollment priority to a sibling of a student enrolled in the renaissance school project.

(d) In no case may an attendance area include an area outside of the renaissance school district.

(e) The renaissance school district and the renaissance school project shall agree to a process for the parents or guardians of students residing in the attendance area to submit documentation for enrollment in the renaissance school project. If spaces remain available in the renaissance school project, students subsequently shall be selected for the remaining spaces through the lottery system.

(f) The first lottery shall include resident students who reside outside of the attendance area of the renaissance school facility.

(g) If space remains available, a second lottery shall be conducted that may include non-resident students.

History

Amended by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
Rewrote the section.
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Section was "Enrollment process for renaissance schools not built on land owned by the New Jersey Schools Development Authority or the renaissance school district". Rewrote (a), (d), and (g); and in (b), substituted "located on land not" for "not built on land".
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).

N.J. Admin. Code § 6A:31-4.3 Initial recruitment period

(a) No later than January 15 preceding the first operating school year, a renaissance school project shall submit to the Commissioner and the renaissance school district the number of students selected for enrollment by grade level and sending school district during its initial recruitment period for the first operating school year.

(b) A renaissance school project may conduct subsequent recruitment and enrollment periods if vacancies remain in its enrollment after the initial recruitment period. The renaissance school project will notify the renaissance school district and the Commissioner upon any changes in anticipated enrollment.

History

Amended by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
In (a), inserted "of each year" and "and the renaissance school district".
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
In (a), substituted "January" for "February", and inserted "project"; deleted (b); recodified former (c) as (b) and inserted "project" and the second sentence.
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
Rewrote the section.

N.J. Admin. Code § 6A:31-4.4 Annual recruitment period

(a) No later than January 15 of each year, a renaissance school project shall submit to the Commissioner and the chief school administrator of the renaissance school district, the number of students selected for enrollment by grade level and sending school district during the renaissance school project's annual recruitment period for the following school year.

(b) A renaissance school project may conduct subsequent recruitment and enrollment periods if vacancies remain in its enrollment after the annual recruitment period. The renaissance school project will notify the renaissance school district and the Commissioner upon any changes in anticipated enrollment.

History

Amended by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
In (a), substituted the second occurrence of "shall" for "must".
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Rewrote the section.
New Rule, R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
Former N.J.A.C. 6A:31-4.4, Waiting list, was recodified to N.J.A.C. 6A:31-4.5.

N.J. Admin. Code § 6A:31-4.5 Waiting list

(a) A renaissance school project shall maintain separate waiting lists for admission applicable to renaissance school district students residing in the renaissance school project's attendance area, renaissance school district students residing outside of the renaissance school project's attendance area, and students who reside outside of the renaissance school district. A renaissance school project shall maintain the waiting lists through the end of the school year.

(b) During the initial or annual recruitment period, a renaissance school project shall notify parents or guardians of students not selected for enrollment that their children's names will remain on the waiting list only for the school year for which the application was submitted.

History

Recodified from N.J.A.C. 6A:31-4.4 and amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
Rewrote the section. Former N.J.A.C. 6A:31-4.5, Procedures for private school placements, recodified to N.J.A.C. 6A:31-4.6.

N.J. Admin. Code § 6A:31-4.6 Procedures for private school placements

(a) Within 15 days of the renaissance school project's provision of written notice to a student's parent (s) or guardian(s) of a proposed individualized education program (IEP) or proposed amendment to a student's IEP that provides for the student's placement in a private day or residential program, the renaissance school project shall also provide the student's resident school district with written notice of the proposed placement.

The resident school district may immediately request a copy of the student's records to determine whether a less-restrictive program can appropriately meet the student's educational needs. The renaissance school project shall forward a copy of the records without delay. In accordance with N.J.A.C. 6A:32-7.5(e)10, the renaissance school project shall provide written notification to the parent(s) or guardians(s) that a copy of the records has been forwarded to the resident school district.

(b) Within 30 days of receiving notice of a student's private day or residential placement, a resident school district may challenge the placement by filing a request for a due process hearing against the renaissance school project and the student's parent(s) or guardian(s). The due process hearing shall be limited in scope to a determination by an administrative law judge as to whether there is a less-restrictive placement that can meet the student's educational needs and, if so, whether the renaissance school project must place the student in such program.

The request for a due process hearing shall be processed in accordance with N.J.A.C. 6A:14-2.7 and, if the parties agree, mediation will be offered prior to transmittal of the matter to the Office of Administrative Law for a due process hearing.
For purposes of administering the request for a due process hearing, the resident school district shall be considered the "district board of education" as utilized at N.J.A.C. 6A:14-2.7. The request shall be processed in accordance with the rules applicable to requests for a due process hearing by a district board of education.
All procedural issues that arise with respect to filings by a resident school district for a due process hearing in accordance with N.J.A.C. 6A:14-2.7 shall be addressed by the administrative law judge assigned to hear the matter.
If the due process petition is resolved with a determination the student must be placed in the less-restrictive program sought by the resident school district, the student shall still be considered a student enrolled in the renaissance school project who has been placed in the less-restrictive program by the renaissance school project. The renaissance school project shall provide all child study team services for the student, including IEP development and monitoring of its implementation, and shall allow the student to return if the IEP team deems it appropriate.

History

Adopted by 54 N.J.R. 40(c), effective 1/3/2022

Subchapter 5 CONTRACT RENEWAL AND TERMINATION

N.J. Admin. Code § 6A:31-5.1 Commissioner's periodic review

(a) During the initial 10-year term of the contract entered into pursuant to N.J.A.C. 6A:31-3.1(i), the Commissioner shall periodically review a renaissance school project to ensure there has been no breach of contract and to assess whether the renaissance school project is meeting its goals and improving student achievement. The school district or State district superintendent(s) of the renaissance school district shall notify the Commissioner of any breach of contract.

(b) No later than August 1 of each year of operation, the renaissance school project shall submit to the Commissioner and the renaissance school district an annual report of the preceding school year on a Commissioner-prescribed form. The report shall include, but not be limited to, evidence of the following:

The achievement of the renaissance school project's mission, goals, and objectives as included in its application to the Commissioner;
Curriculum compliant with the New Jersey Student Learning Standards;

Statewide assessment program results and norm-referenced assessment results across all grade levels served;

Parental and community involvement in the renaissance school project;

A calendar for the upcoming school year;
Documentation of the renaissance school project's lead person, teachers, professional support staff, and board of trustees that identifies any change(s) in organizational structure, board of trustees, or personnel;
Any change(s) in the renaissance school facility's financing;

Documentation of any significant structural change(s) to renaissance school facilities before the upcoming school year and a timeline for implementing the changes; and

Student enrollment numbers by grade level and enrollment projections by grade level for the most recently completed school year and the upcoming school year.

(c) The school district or State district superintendent(s) of the renaissance school district may submit to the Commissioner comments regarding the renaissance school project's annual report by October 1.

History

Amended by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
Rewrote the section.
Administrative change.
See: 48 N.J.R. 1802(a).
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).

N.J. Admin. Code § 6A:31-5.2 Petitions to the Commissioner

A renaissance school district or nonprofit entity may file, pursuant to N.J.A.C. 6A:3-1.4 , a petition regarding any dispute(s) arising out of the contract.

History

Amended by 47 N.J.R. 717(a), effective 4/6/2015.

N.J. Admin. Code § 6A:31-5.3 Contract renewal

(a) Pursuant to N.J.S.A. 18A:36C-10, 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 renewed for additional five-year periods provided there is not a breach of the contract. Every 10 years, the Commissioner shall conduct a comprehensive review of the renaissance school project prior to granting renewal of contract, including, but not limited to, a review of:

The renewal application submitted by a renaissance school project to the Commissioner and the renaissance school district superintendent on a date prescribed by the Commissioner with no less than 30 days' notice;

Annual reports pursuant to N.J.A.C. 6A:31-5.1(b);
Statement of assurance from the renaissance school district that there has not been a breach of contract; and
Student performance on assessments, pursuant to N.J.S.A. 18A:36C-10.

(b) Renewal shall be presumed if there is not a breach of contract and the renaissance school project is outperforming the renaissance school district in English language arts, mathematics, or both.

(c) If, at any time during the contract period, the Commissioner finds the renaissance school project is not operating in compliance with its contract and/or applicable statutes or rules, the Commissioner may require the renaissance school project to submit a remedial plan to the renaissance school district and the Commissioner.

(d) The Commissioner may take action, including closure, if a renaissance school project fails to submit and implement a satisfactory remedial plan.

History

Recodified from N.J.A.C. 6A:31-5.4 and amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Rewrote the section. Former N.J.A.C. 6A:31-5.3, Petitions to the Commissioner, recodified to N.J.A.C. 6A:31-5.2.
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
Rewrote the section.

N.J. Admin. Code § 6A:31-5.4 Recodified

History

Amended by 47 N.J.R. 717(a), effective 4/6/2015.

Subchapter 6 RENAISSANCE SCHOOL EMPLOYEES

N.J. Admin. Code § 6A:31-6.1 Establishment of residency

Pursuant to N.J.S.A. 18A:36C-18, the Commissioner, upon receipt of a letter from the renaissance school project or copy of an employment contract that verifies employment by a renaissance school project, will permit an individual so employed to establish New Jersey residency within five years of the date of the individual's initial employment.

History

New Rule, R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Deleted "of Education" following "Commissioner".
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
Rewrote the section.

Subchapter 7 GOVERNANCE

N.J. Admin. Code § 6A:31-7.1 Board of trustees

A renaissance school project shall be a public school that is operated through a contract with the renaissance school district, operated independently of a district board of education, and governed by a board of trustees in accordance with the contract, the provisions of the Urban Hope Act (N.J.S.A. 18A:36C-1 et seq.), this chapter, and the laws and rules governing charter schools that are not inconsistent with the Urban Hope Act.

History

Adopted by 50 N.J.R. 324(a), effective 1/16/2018

N.J. Admin. Code § 6A:31-7.2 School Ethics Act

(a) The members of a renaissance school project board of trustees shall be school officials as defined in the School Ethics Act (N.J.S.A. 18A:12-23). The board of trustees members shall comply with the provisions of the School Ethics Act and N.J.A.C. 6A:28, School Ethics Commission.

(b) Each administrator of a renaissance school project shall comply with N.J.A.C. 6A: 11-3.1, the School Ethics Act, and N.J.A.C. 6A:28.

(d) Each member of the board of trustees of a renaissance school project shall comply with the provisions of N.J.A.C. 6A:28-4.1.

History

Adopted by 50 N.J.R. 324(a), effective 1/16/2018

N.J. Admin. Code § 6A:31-7.3 Open Public Meetings Act

(a) The board of trustees shall operate in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

(b) The board of trustees shall post a copy of all meeting notices and meeting minutes on the renaissance school project's website.

History

Adopted by 50 N.J.R. 324(a), effective 1/16/2018

Subchapter 8 FINANCE

N.J. Admin. Code § 6A:31-8.1 Renaissance per pupil rate calculations, notification, and payments

(a) Consistent with the requirements of N.J.S.A. 18A:36C-7.e, the Department shall annually calculate the renaissance per pupil rates for each renaissance school district. However, pursuant to N.J.S.A. 18A:36C-7.1, an approved renaissance school project located in a temporary facility shall be funded using the per pupil calculations for charter schools set forth at N.J.S.A. 18A:36A-12.

(b) To qualify for funding pursuant to N.J.S.A. 18A:36C-7.e for students who will attend a newly constructed facility, the renaissance school project shall request, in writing, approval from the Commissioner.

The request shall include the following:

i. The name, description, and address of the renaissance school facility in which the renaissance school project will be located and assurances the renaissance school facility will be located in the approved urban campus area;

ii. Evidence of local municipal planning board approval;

iii. Admissions policy that comply with N.J.S.A. 18:36C-8 and include:

(A) The age- or grade-range of eligible students to be enrolled;

(B) The total number of students to be enrolled in each grade level; and

iv. Assurances the renaissance school facility will meet facility regulations pertaining to the health and safety of the pupils;

v. The estimated costs and anticipated source of funding for the renaissance school facility;

vi. A detailed construction timeline, along with any change(s) from the initial application in terms of the construction timeline; and

vii. Building schematics.

(c) A renaissance school project shall comply with N.J.A.C. 6A:31-3.3(c)1 to qualify for funding pursuant to N.J.S.A. 18A:36C-7.e for students attending a renaissance school facility undergoing substantial reconstruction.

(d) The renaissance school district shall use the renaissance per pupil rates as established in the renaissance school project per pupil funding notice prescribed by the Commissioner, or the Commissioner's designee, which shall be issued by the Commissioner following the Governor's annual budget address.

(e) Any payment(s) the renaissance school district distributes to the renaissance school project for preschool students shall be restricted to expenditures on programs benefitting only preschool students and shall be accounted for in Fund 20 of the renaissance school project's budget.

(f) A renaissance school district shall process payment(s) and payment adjustments to the renaissance school project during the school year as follows:

The renaissance school district shall initiate payments to the renaissance school project based on projected enrollment as follows:

i. For the first year, the projected enrollment shall be the enrollment indicated in the application submitted to the Commissioner by the renaissance school district; and

ii. In subsequent years, projected enrollment and adjustments shall be calculated as specified in the executed contract between the renaissance school district and the renaissance school project.

All payments made pursuant to (a) above shall be made in 12 equal installments on the 15th of each month beginning on July 15 and ending on June 15. An alternative payment plan may be utilized if mutually agreed upon by both parties.

History

Adopted by 50 N.J.R. 324(a), effective 1/16/2018

N.J. Admin. Code § 6A:31-8.2 Renaissance school project enrollment reporting

(a) All students attending a renaissance school project shall be registered first as a student in the renaissance school district.

(b) During the school year, the renaissance school project shall report its enrollment to the renaissance school district pursuant to timelines established by the Commissioner for reporting in the Application for State School Aid.

History

Adopted by 50 N.J.R. 324(a), effective 1/16/2018

N.J. Admin. Code § 6A:31-8.3 Acceptance of non-resident students

(a) Pursuant to N.J.S.A. 18A:38-3 and 19, a renaissance school district accepting non-resident students for attendance in the renaissance school project may charge tuition in an amount not to exceed the renaissance school district's actual cost per pupil, as defined in N.J.A.C. 6A:23A-17.1.

(b) Pursuant to N.J.S.A. 18A:38-15, a non-resident district board of education may agree to pay tuition to the renaissance school district for a student to attend a particular course of study in the renaissance school project, if space is available.

(c) Upon receiving tuition from a non-resident district board of education or a parent or guardian pursuant to (a) or (b) above, the renaissance school district shall pay to the renaissance school project the lesser of the applicable renaissance school rate(s), pursuant to N.J.A.C. 6A:31-8.1(a), or the amount of tuition received.

History

Adopted by 50 N.J.R. 324(a), effective 1/16/2018

Chapter 32 SCHOOL DISTRICT OPERATIONS

Subchapter 1 SCOPE AND PURPOSE

N.J. Admin. Code § 6A:32-1.1 Scope and purpose

The rules in this chapter are intended to provide assistance to district boards of education and school district administrators regarding the daily operation of schools and school districts.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Substituted "schools and school districts" for "their schools".

Subchapter 2 DEFINITIONS

N.J. Admin. Code § 6A:32-2.1 Definitions

The following words and terms shall have the following meanings when used in this chapter, unless the context clearly indicates otherwise:

"Access" means the right to view, make notes, and/or reproduce a student record.

"Adult student" means a person who is at least 18 years of age or is an emancipated minor.

"Advanced course" means any 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.

"Board of school estimate" means a group of individuals who are appointed in accordance with N.J.S.A. 18A:22-1 and 2 and are responsible for annually preparing a budget for Type I school districts pursuant to N.J.S.A. 18A:22-7.

"Chief school administrator" means the superintendent of schools or the administrative principal if there is no superintendent. At N.J.A.C. 6A:32-7, 8, and 13, "chief school administrator" includes charter school and renaissance school project lead persons.

"Days in membership" means the number of school days in session in which a student is enrolled. A student's membership begins on the first possible day of attendance following enrollment during the school year, notwithstanding the actual day the student was recorded as present for the first time.

"Elementary" means kindergarten, grades one through six and grades seven and eight without departmental instruction.

"Endorsement" means as defined in N.J.A.C. 6A:9-2.1.

"Enrichment course" means any course or subject of a vocational nature for which no credits are awarded.

"Executive county superintendent" means a person appointed to serve as executive county superintendent of schools pursuant to N.J.S.A. 18A:7-1 et seq.

"Health history" means the record of a person's past health events obtained in writing, completed by the individual or the individual's physician.

"Health screening" means the use of one or more diagnostic tools to test a person for the presence or precursors of a particular disease.

"Mandated student records" means student records that school districts compile pursuant to State statute, regulation, or authorized administrative directive.

"Paraprofessional" means a school or classroom aide who assists appropriately certified personnel with the supervision of student activities.

"Parent" means the natural or adoptive parent, legal guardian, surrogate parent appointed pursuant to N.J.A.C. 6A:14-2.2, 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). Unless parental rights have been terminated by a court of appropriate jurisdiction, the parent retains all rights pursuant to this chapter. In addition, a resource family parent may act as a parent pursuant to this chapter if the parent's authority to make education decisions on the student's behalf has been terminated by a court of appropriate jurisdiction.

"Permitted student records" means records that a district board of education has authorized, by resolution adopted at a regular public meeting, to be collected to promote the educational welfare of students.

"Personally identifiable information" means, but is not limited to:

The student's name;
The name of the student's parent(s) or other family members;
The address of the student or the student's family;
The email address of the student, the student's parent(s), or other family members;
The telephone number of the student, the student's parent(s), or other family members;
A personal identifier, such as the student's Social Security number, student number, or biometric record;
A photo of the student;
The location and times of class trips;
Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name;
Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community who does not have personal knowledge of the relevant circumstances to identify the student with reasonable certainty; or
Information requested by a person who the district board of education, or private agency that provides educational services by means of public funds, reasonably believes knows the identity of the student to whom the student record relates.

"Physical examination" means the assessment of an individual's health, in accordance with the requirements at N.J.A.C. 6A:16-2.2.

"Remedial course" means any course or subject that is a review of a course or subject previously taken and for which credits or placement may be awarded upon successful completion of the course.

"Remote instruction" means the provision of instruction occurring when the student and the instructor are in different locations due to the closure of the facility(ies) of the district board of education, charter school, renaissance school project, or approved private school for students with disabilities. The closure of the facility(ies) shall be pursuant to N.J.S.A. 18A:7F-9 or 18A:46-21.1 and for more than three consecutive school days due to a declared state of emergency, a declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure.

"School contact directory for official use" means a compilation by a district board of education that includes the following information for each student: name, address, telephone number, date of birth and school of enrollment. The directory may be provided for official use only to judicial, law enforcement, and medical personnel.

"Secondary" means grades nine through 12 in all high schools; grades seven and eight in junior high schools; grades seven, eight, and nine in middle schools; and grades seven and eight in elementary schools having departmental instruction.

"Statement of assurance" means a document that verifies compliance with regulatory requirements and is submitted to the executive county superintendent by the chief school administrator.

"Student discipline record" means information regarding all disciplinary actions taken against a student by a school district pursuant to N.J.S.A. 18A:36-25.1.b and that is maintained in a student's record.

"Student information directory" means a publication of a district board of education that includes the following information relating to a student. It shall be used only by authorized school district personnel and for designated official use by judicial, law enforcement, and medical personnel and not for general public consumption.

Name;
Grade level;
Date and place of birth;
Dates of school attendance;
Major field of study;
Participation in officially recognized activities;
Weight and height relating to athletic team membership;
Degrees;
Awards;
The most recent educational agency attended by the student; and
Other similar information.

"Student record" means information related to an individual student gathered within or outside the school district and maintained within the school district, regardless of the physical form in which it is maintained. Essential in this definition is the idea that any information that is maintained for the purpose of second-party review is considered a student record. Therefore, information recorded by certified school personnel solely as a memory aid and not for the use of a second party is excluded from this definition. In the absence of any "information related to an individual student," the document(s) no longer meets the definition of "student record."

"Supervisor" means any appropriately certified individual assigned with the responsibility for the direction and guidance of the work of teaching staff members.

"Teaching staff member" means as defined at N.J.S.A. 18A:1-1.

"Virtual instruction" means the provision of active instruction when the student and the instructor are in different locations and instruction is facilitated through the internet and computer technologies due the closure of the facility(ies) of the district board of education, charter school, renaissance school project, or approved private school for students with disabilities. The closure of the facility(ies) shall be pursuant to N.J.S.A. 18A:7F-9 or 18A:46-21.1 and for more than three consecutive school days due to a declared state of emergency, a declared public health emergency, or a directive by the appropriate health agency or officer to institute a public health-related closure.

History

Amended by 47 N.J.R. 464(a), effective 2/17/2015

Subchapter 3 DISTRICT BOARDS OF EDUCATION-GENERAL

N.J. Admin. Code § 6A:32-3.1 Special meetings of district boards of education

(a) The secretary of the district board of education shall call a special meeting of the district board of education whenever:

Requested by the president of the district board of education;

Requested by the chief school administrator when the district board of education fails to meet within two months during the period in which the schools in the district are in session; or
Presented with a petition signed by a majority of the full membership of the district board of education requesting the special meeting.

(b) Public notice of the special meeting shall be made pursuant to law and regulation, including N.J.S.A. 18A:10-6. Additionally, the public notice shall include the date, time, location, and purpose(s) of the special meeting.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
In (a)1, deleted "to do so" preceding and "or" following the semicolon; added new (a)2; recodified former (a)2 as (a)3; in (a)3, substituted "Presented" for "When presented"; and rewrote (b).

N.J. Admin. Code § 6A:32-3.2 Requirements for the code of ethics for district board of education members and charter school or renaissance school project board of trustees members

(a) Each district board of education and charter school or renaissance school project board of trustees shall:

Discuss annually the School Ethics Act and the Code of Ethics for School Board Members, pursuant to N.J.S.A. 18A:12-21 et seq., at a regularly scheduled public meeting;
Adopt policies and procedures regarding the training of district board of education and charter school or renaissance school project board of trustees members in understanding the Code of Ethics; and
Maintain documentation, pursuant to (b) below, that each member of the district board of education or charter school or renaissance school project board of trustees has received and reviewed the Code of Ethics.

(b) Each member of the district board of education or charter school or renaissance school project board of trustees shall sign an acknowledgement of receipt of the Code of Ethics for School Board Members contained at N.J.S.A. 18A:12-21 et seq. The acknowledgement of receipt requires each district board of education member and charter school or renaissance school project board of trustees member to read and become familiar with the Code of Ethics.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
In (a)1, inserted "annually", and deleted "annually" from the end; in (a)3, inserted "charter school"; and in (b), substituted "The" for "This".

N.J. Admin. Code § 6A:32-3.3 Boards of school estimate

(a) In any district board of education operating as a Type I school district, pursuant to N.J.S.A. 18A:9-2, the mayor of the municipality comprising the school district shall be the presiding officer of the board of school estimate.

(b) In the event of the absence of the mayor at any meeting of the board of school estimate, the members present at the meeting shall proceed to elect a presiding officer pro tem.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
In (a), inserted "as a Type I school district, pursuant to".

Subchapter 4 EMPLOYMENT OF TEACHING STAFF

N.J. Admin. Code § 6A:32-4.1 Employment of teaching staff

(a) Each district board of education or private agency that provides educational services by means of public funds shall determine guidelines for the hiring of all staff.

(b) Pursuant to N.J.S.A. 18A:26-2, no teaching staff member shall be employed by any district board of education or private agency that provides educational services by means of public funds unless the teaching staff member holds a valid certificate.

(c) Pursuant to N.J.A.C. 6A:9 and 6A:9B, the district board of education shall employ certified personnel to implement a thorough and efficient system of free public schools.

(d) Each school shall be assigned the services of a full-time non-teaching principal to be responsible for administration and supervision of the school.

When a full-time non-teaching principal is not assigned to a school, the district board of education, upon advice of the chief school administrator, shall submit to the Commissioner for approval a plan that ensures adequate supervision of students and staff.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote the section.
Administrative change.
See: 46 N.J.R. 1743(a).

N.J. Admin. Code § 6A:32-4.2 Approval of paraprofessional staff

The district board of education shall submit a statement of assurance (SOA) affirming that all paraprofessional staff hired were employed as instructional or health and safety personnel or in accordance with the requirements of individualized education programs. The district board of education shall submit the SOA to the executive county superintendent no later than September 30 and January 31 each school year.

History

Repeal and New Rule, R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Full-time employment of teachers".

N.J. Admin. Code § 6A:32-4.3 Access to personnel records

A district board of education or private agency that provides educational services by means of public funds shall make employee records and information available for public access pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., and in accordance with N.J.S.A. 18A:6-120.d and 121.d.

History

Amended by 47 N.J.R. 464(a), effective 2/17/2015

N.J. Admin. Code § 6A:32-4.4 Reserved

History

Repealed by R.2013 d.046, effective 3/4/2013.
See: 44 N.J.R. 2420(a), 45 N.J.R. 461(b).
Section was "Evaluation of tenured teaching staff member".

N.J. Admin. Code § 6A:32-4.5 Reserved

History

Repealed by R.2013 d.046, effective 3/4/2013.
See: 44 N.J.R. 2420(a), 45 N.J.R. 461(b).
Section was "Evaluation of nontenured teaching staff members".

N.J. Admin. Code § 6A:32-4.6 Reserved

History

Repealed by R.2013 d.120, effective 10/7/2013.
See: 45 N.J.R. 1292(a), 45 N.J.R. 2211(a).
Section was "Procedure for appearance of nontenured teaching staff members before a district board of education upon receipt of a notice of nonreemployment".

N.J. Admin. Code § 6A:32-4.7 Reserved

History

Repealed by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Approval of paraprofessional staff".

N.J. Admin. Code § 6A:32-4.8 Reserved

History

Repealed by R.2013 d.046, effective 3/4/2013.
See: 44 N.J.R. 2420(a), 45 N.J.R. 461(b).
Section was "Support residencies for regularly-certified, inexperienced first-year principals".

N.J. Admin. Code § 6A:32-4.9 Reserved

History

Recodified to N.J.A.C. 6A:32-4.3 by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Access to personnel records".

Subchapter 5 SENIORITY

N.J. Admin. Code § 6A:32-5.1 Standards for determining seniority

(a) For purposes of this subchapter, "employment" shall be inclusive of "office" and "position."

(b) Seniority, pursuant to N.J.S.A. 18A:28-13 et seq., shall be determined according to the number or fraction of academic or calendar years of employment in the school district in the specific categories at (l) below. Credit toward seniority shall include periods of unpaid absences not exceeding 30 calendar days aggregate in one academic or calendar year, leaves of absence at full or partial pay, and unpaid absences granted for study or research. Any leave of absence or suspension resulting from confirmed discipline and all other unpaid absences or leaves of absence shall not receive seniority credit.

(c) In computing length of service for seniority purposes, full recognition shall be given to previous years of service within the school district and to time of service in or with the military or naval forces of the United States or this State, pursuant to N.J.S.A. 18A:28-12.

(d) Employment in the school district prior to the adoption of the standards shall be counted in determining seniority.

(e) An employee who holds an emergency or provisional certificate shall not be entitled to seniority rights, but the years of employment under the emergency or provisional certificate shall count toward seniority when the employee becomes the holder of a standard certificate, as defined at N.J.A.C. 6A:9, Professional Standards.

(f) Whenever a person holds employment simultaneously under two or more endorsements, or in two or more categories at (l) below, seniority shall be counted in all endorsements and categories in which the person is, or has been, employed.

(g) If the employment title is not properly descriptive of the duties performed, the person who holds employment shall be placed in a category in accordance with the duties performed and not by title. If the employment title is not found at (l) below or at N.J.A.C. 6A:9B, State Board of Examiners and Certification, the person who holds employment shall be classified as nearly to the duties performed as possible, pursuant to N.J.A.C. 6A:9B.

(h) Whenever a person moves from, or reverts to, a category at (l) below, all periods of employment shall be credited toward the person's seniority in any or all categories in which the person previously held employment.

(i) Whenever an employment category is abolished, a tenured employee shall be given employment in the same category to which the employee is entitled by seniority. If the tenured employee has insufficient seniority for employment in the same category, then the employee shall revert to the category in which employment was held prior to employment in the same category. The person shall be placed and remain on the preferred eligible list until a vacancy occurs in the category to which the person is entitled seniority.

(j) If a person has insufficient seniority in the category to which they reverted, the person shall revert to the next category in which employment was held immediately prior to employment in the category to which they reverted. The person shall be placed, and remain on, the preferred eligible list of the next preceding category, and so forth, until the person has been employed or placed on all the preferred eligible lists of the categories in which the person formerly held employment in the school district.

(k) In the event of a person's employment in some category to which they reverted, the person shall remain on all the preferred eligible lists of the categories from which they reverted. The person shall be entitled to employment in any one or more such categories whenever a vacancy occurs to which seniority entitles them.

(l) The following shall be deemed to be specific categories, not necessarily numbered in order of precedence:

Superintendent of schools;
Assistant superintendent.

i. Each assistant superintendent position shall be a separate category; and

ii. District boards of education shall adopt, for each assistant superintendent position, a job description that shall set forth qualifications and endorsements for the position;

Director.

i. Each director position shall be a separate category; and

ii. District boards of education shall adopt, for each director position, a job description that sets forth the qualifications and endorsements for the position;

High school principal;
Adult high school principal;
Alternative school principal;
Vocational school principal;
Junior high or middle school principal;
Elementary school principal;
Supervisor.

i. Each supervisory title shall be a separate category; and

ii. District boards of education shall adopt, for each supervisory position, a job description that sets forth the qualifications and specific endorsements required for the position;

High school vice principal or assistant principal;
Adult high school vice principal or assistant principal;

Alternative school vice principal or assistant principal;

Junior high or middle school vice principal or assistant principal;
Elementary school vice principal or assistant principal;
Vocational school vice principal or assistant principal;
Secondary:

i. Any person holding an instructional certificate with endorsements shall have seniority within the secondary category only in the endorsement(s) under which the person has actually served;

ii. Whenever a person shall be reassigned from one subject area to another, all periods of employment in the person's new assignment shall be credited toward seniority in all endorsements in which employment was previously held;

iii. Any person employed at the secondary level in a position requiring an educational services certificate or an instructional endorsement shall acquire seniority only in the secondary category and only for the period of actual service under the educational services certificate or instructional endorsement; and

iv. Persons employed and providing services on a districtwide basis under an instructional endorsement or an educational services certificate shall acquire seniority on a districtwide basis;

Elementary:

i. To reorganize instruction at grades seven and eight pursuant to this subchapter, district boards of education shall adopt a formal resolution setting forth the reasons for the reorganization;

ii. Any person employed at the elementary level in a position requiring an educational services certificate or an instructional endorsement shall acquire seniority only in the elementary category and only for the period of actual service under the educational services certificate or instructional endorsement;

iii. Any person employed and providing services on a districtwide basis under an instructional endorsement or an educational services certificate shall acquire seniority on a districtwide basis;

iv. Any person serving under an elementary endorsement in departmentally organized grades seven and eight prior to September 1, 1983, shall continue to accrue seniority in the elementary category for all such service prior, and subsequent to, September 1, 1983. In addition, the person shall accrue seniority in the secondary category, but limited to the school district's departmentally organized grades seven and eight and the specific subject area taught in the departmentally organized grades subsequent to September 1, 1983; and

Additional categories of specific educational service endorsements issued by the State Board of Examiners and listed in N.J.A.C. 6A:9B.

(m) If a restructure of grade levels results in the elimination of all junior high or middle schools in the school district and the creation of schools with a grade-level organization that includes grades seven and eight, the seniority rights of the junior high or middle school principals, vice principals, and assistant principals displaced by the restructuring shall be transferable to the newly reorganized schools in the category as defined at (l)9 above.

History

Amended by 47 N.J.R. 464(a), effective 2/17/2015

Subchapter 6 SCHOOL EMPLOYEE PHYSICAL OR PSYCHIATRIC EXAMINATIONS

N.J. Admin. Code § 6A:32-6.1 Scope and purpose

(a) This subchapter designates the minimum assessments to be used by district boards of education in establishing physical examinations for candidates for employment and physical or psychiatric examinations of school district employees.

(b) This subchapter applies to all district boards of education and private agencies that provide educational services by means of public funds.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
In (b), substituted "and" for "or" and "that" for "which".

N.J. Admin. Code § 6A:32-6.2 Policies and procedures for physical or psychiatric examinations

(a) Pursuant to N.J.S.A. 18A:16-2, district boards of education shall adopt written policies and procedures for the physical examination of candidates for employment. The written policies shall provide for notification to candidates for employment regarding the requirements for physical examinations. The written policies also shall establish procedures to assure confidentiality during the collection, transmission, and storage of medical records of candidates for employment.

(b) Pursuant to N.J.S.A. 18A:16-2.a, the district board of education may require physical or psychiatric examinations of school employees. The written policies shall provide for notification to school employees regarding the requirements for physical or psychiatric examinations. The written policies also shall establish procedures to assure confidentiality during the collection, transmission, and storage of employee medical records.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote the section.

N.J. Admin. Code § 6A:32-6.3 Requirements of physical or psychiatric examinations

(a) Pursuant to N.J.S.A. 18A:16-2, district boards of education shall require candidates for employment who have received a conditional offer of employment to undergo a physical examination such as testing for usage of controlled or dangerous substances or to determine whether the candidate is able to perform with reasonable accommodation job-related functions pursuant to P.L. 101-336, Americans with Disabilities Act of 1990.

(b) Pursuant to N.J.S.A. 18A:16-2, a district board of education may require physical or psychiatric examinations of a school district employee whenever, in the district board of education's judgment, an employee shows evidence of deviation from normal physical or mental health. The purpose of the physical or psychiatric examination shall be to determine the employee's physical and mental fitness to perform, with reasonable accommodation, the position the employee currently holds, or to detect any health risk (s) to students and other employees. When a district board of education requires an employee to undergo a physical or psychiatric examination:

The district board of education shall provide the employee with a written statement of the reason(s) for the required examination.
The district board of education shall provide the employee with a hearing, if requested.

i. The determination of such a hearing shall be appealable to the Commissioner pursuant to N.J.S.A. 18A:6-9 and N.J.A.C. 6A:4, Appeals.

The employee may refuse, without reprisal, to waive their right to protect the confidentiality of medical information, in accordance with P.L. 104-191, Health Insurance Portability and Accountability Act of 1996.

(c) An individual employee may provide health-status information, including medications, that may be of value to medical personnel in the event of an emergency requiring treatment. In such instances, an employee may also choose to share with the building principal and, if desired, with the certified school nurse, information regarding current health status to assure ready access in a medical emergency.

(d) Health records of candidates for employment and of current employees, including computerized records, shall be secured, stored, and maintained separately from other personnel files. Health records may be shared only with authorized individuals in accordance with N.J.S.A. 18A:16-5.

(e) Pursuant to N.J.S.A. 18A:16-3, the district board of education shall bear the cost of examinations made by a physician or institution designated by the district board of education. However, the employee shall bear the cost if the examination is performed by a physician or institution designated by the employee with approval of the district board of education.

History

Amended by 47 N.J.R. 464(a), effective 2/17/2015

Subchapter 7 STUDENT RECORDS

N.J. Admin. Code § 6A:32-7.1 General considerations

(a) This subchapter applies to all district boards of education, charter schools, renaissance school projects, approved private schools for students with disabilities, and private agencies that provide educational services by means of public funds. Throughout this subchapter, unless otherwise indicated, "district board of education" refers to the governing body for each of the five types of agencies.

(b) Each district board of education shall compile and maintain student records and regulate access in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and 34 CFR Part 99, disclosure, or communication of information contained in student records in a manner that assures the security of the records in accordance with this subchapter.

(c) Student records shall contain only information that is relevant to the education of the student and is objectively based on the personal observations or knowledge of the certified school personnel who originate(s) the record.

(d) The district board of education shall provide annual, written notification to parents, adult students, and emancipated minors of their rights in regard to student records and student participation in educational, occupational, and military recruitment programs. Copies of the applicable State and Federal laws and district board of education policies shall be made available upon request. The district board of education shall make every effort to notify parents and adult students in their dominant language.

(e) Nonadult students may assert rights of access only through their parent(s). However, nothing in this subchapter shall be construed to prohibit certified school personnel from disclosing, at their discretion, student records to nonadult students or to appropriate persons in connection with an emergency, if the information contained in the record is necessary to protect the health or safety of the student or other persons.

(f) The parent or adult student shall have access to the student's records and have access to, or be specifically informed about, only the portion of another student's record that contains information about the student.

(g) Each district board of education shall establish written policies and procedures for student records that:

Guarantee access to persons authorized under this subchapter within 10 days of a request, but prior to any review or hearing conducted in accordance with N.J.A.C. 6A;
Assure security of the student records;
Enumerate and describe the student records collected and maintained by the district board of education;
Provide for inclusion in a student record any educationally relevant information provided by the parent or adult student;
Allow for release of school contact directory information for official use, as defined in N.J.A.C. 6A:32-7.2;
Provide the parent or adult student a 10-day period to submit to the chief school administrator a written statement prohibiting the inclusion of any or all types of information about the student in any student information directory before allowing access to the directory and school facilities to educational, occupational, and military recruiters pursuant to N.J.S.A. 18A:36-19.1 and P.L. 11495, § 8528, Armed Forces Recruiter Access to Students and Student Recruiting Information of the Every Student Succeeds Act of 2015;
Provide, pursuant to (b) above, the parent or adult student a 10-day period to submit to the chief school administrator a written statement to exclude information from any school directory for official use;
Assure limited access to student records by secretarial and clerical personnel pursuant to N.J.A.C. 6A:32-7.5;
Provide for the access and security of student records maintained in an electronic system; and
Maintain the confidentiality of all student records containing the name, Social Security number, address, and telephone number information, or the address for certified participants in the Address Confidentiality Program pursuant to N.J.A.C. 3A:71.

(h) All anecdotal information and assessment reports collected on a student shall be dated and signed by the individual who originated the data.

(i) The chief school administrator, or the chief school administrator's designee, shall require all student records of currently enrolled students to be reviewed annually by certified school personnel to determine the education relevance of the information contained therein. The reviewer shall cause information no longer descriptive of the student or educational program to be deleted from the record, except that prior notice shall be given for students with disabilities in accordance with N.J.A.C. 6A:14, Special Education. The deleted information shall be disposed of and not be recorded elsewhere. No record of any such deletion shall be made.

(j) No liability shall be attached to any member, officer, or employee of any district board of education permitting access or furnishing student records in accordance with this subchapter.

(k) When the parent's or adult student's dominant language is not English or the parent or adult student is deaf, the district board of education shall provide interpretation of the student records in the dominant language of the parent or adult student.

(l) Student health records shall be maintained separately from other student records. Student health records also shall be maintained according to the requirements of this subchapter until such time as graduation or termination, whereupon the health history and immunization record shall be removed from the student's health record and placed in the student's mandated record.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote (a), (b), (d) through (g), and (j) through (l).
Amended by R.2015 d.025, effective 2/17/2015.
See: 46 N.J.R. 1775(a), 47 N.J.R. 464(a).
In (f), (g)6, and (g)7, substituted "or" for a comma following "parent"; in (f) and (g)7, deleted ", or emancipated minor" following "student"; in (g)6, deleted ", or emancipated minor" following the first occurrence of "student", and in (k), substituted "or" for a comma following the second occurrence of "parent", and deleted ", or emancipated minor" following the third occurrence of "student".
Modified by Executive Order No. 103(2020), effective 5/7/2020.
See: 52 N.J.R. 1148(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).

N.J. Admin. Code § 6A:32-7.2 School contact directory for official use

(a) Each district board of education shall compile and maintain a school contact directory for official use that is separate and distinct from the student information directory.

(b) School personnel shall provide information from the school contact directory for official use only to judicial and law enforcement personnel, and to medical personnel currently providing services to the student in question. Upon request from a court, other judicial agency, law enforcement agency, or medical service provider currently providing services to the student in question, school personnel shall promptly verify the enrollment of a student and provide the requester with all information about the student that is contained in the school contact directory for official use.

(c) A parent, adult student, or emancipated minor shall notify, in writing, the district board of education of their request to exclude any information from the school contact directory for official use.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote the section.

N.J. Admin. Code § 6A:32-7.3 Mandated student records

(a) This section applies only to district boards of education and charter school and renaissance school project boards of trustees. Throughout this section, unless otherwise indicated, "district board of education" refers to the governing body of each of the three types of agencies.

(b) Mandated student records shall include the following:

The student's name, address, telephone number, date of birth, name of parent(s), gender, standardized assessment results, grades, record of daily attendance, classes attended, grade level completed, year completed, and years of attendance;
Descriptions of the student's progress according to the district board of education's student performance data;
History and status of physical health compiled in accordance with State regulations, including immunizations and results of any physical examination(s) given by qualified school district employees;

Records pursuant to rules and regulations regarding the education of students with disabilities; and

All other records required by N.J.A.C. 6A.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote (a)1; in (a)3, inserted "student evaluation", and deleted "of student evaluation" following "system"; in (a)4, inserted "and immunizations"; and in (a)6, substituted "N.J.A.C. 6A" for "the State Board of Education".

N.J. Admin. Code § 6A:32-7.4 Maintenance and security of student records

(a) The chief school administrator, or the chief school administrator's designee, shall be responsible for the security of student records maintained in the school district and shall devise procedures for assuring that access to student records is limited to authorized persons.

(b) District boards of education may store all student records either electronically or in paper format.

When student records are stored electronically, proper security and backup procedures shall be administered.

(c) Student health records, whether stored on paper or electronically, shall be maintained in accordance with N.J.A.C. 6A:32-7.1(l).

(d) Records shall be accessible during the hours in which the school program is in operation.

(e) Mandated student records required as part of programs established through State-administered entitlement or discretionary funds from the U.S. Department of Education shall be maintained for a period of five years after a student's graduation or termination from the school district, or to age 23, whichever is longer. The mandated student records shall be disposed of in accordance with N.J.S.A. 47:3-15 et seq.

(f) A district board of education that establishes a website shall not disclose any personally identifiable information about a student, in accordance with N.J.S.A. 18A:36-35.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote the section.

N.J. Admin. Code § 6A:32-7.5 Access to student records

(a) Only authorized organizations, agencies, or persons, as defined in this section, shall have access to student records, including student health records.

(b) The district board of education may charge a reasonable fee for reproduction of student records, not to exceed the schedule of costs set forth at N.J.S.A. 47:1A-5, provided that the cost does not effectively prevent parents or adult students from exercising their rights under this subchapter or other Federal and State rules and regulations regarding students with disabilities, including N.J.A.C. 6A:14.

(c) Each district board of education shall control access to, disclosure of, and communication regarding information contained in student health records to assure access only to people permitted by Federal and State statute and regulations or as stated at (e) below.

(d) Access to, and disclosure of, a student health record shall meet the requirements of the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g and 34 CFR Part 99.

(e) Organizations, agencies, and persons authorized to access student records shall include only the following:

The student who has the written permission of a parent and the parent of a student under the age of 18, regardless of whether the child resides with the parent, except pursuant to N.J.S.A. 9:2-4;

i. The place of residence shall not be disclosed; and

ii. Access shall not be provided if denied by a court;

Students at least 16 years of age who are terminating their education in the school district because they will graduate secondary school at the end of the term or no longer plan to continue their education;
An adult student and/or a parent who has the written permission of an adult student, except that the parent shall have access without the adult student's consent, as long as the adult student is financially dependent on the parent and enrolled in the public school system, or if the adult student has been declared legally incompetent by a court of appropriate jurisdiction. The parent of a financially dependent adult student may not disclose information contained in the adult student's record to a second or third party without the adult student's consent;
Certified school district personnel who are assigned educational responsibility for the student shall have access to the general student record but not to the student health record except under conditions permitted in N.J.A.C. 6A:16-2.4;
Certified educational personnel who have assigned educational responsibility for the student and who are employed by agencies listed below shall have access to the general student record, but not to the student health record, except under conditions permitted at N.J.A.C. 6A:16-2.4:

i. An approved private school for students with disabilities;

ii. A State facility;

iii. Accredited nonpublic schools in which students with disabilities have been placed pursuant to N.J.S.A. 18A:46-14; or

iv. Clinics and agencies approved by the Department;

To fulfill its legal responsibility, a district board of education shall have access through the chief school administrator, or the chief school administrator's designee, to information contained in a student's record. Information shall be discussed in executive session, unless otherwise requested by the parent or adult student;

Secretarial and clerical personnel under the direct supervision of certified school personnel shall be permitted access to portions of the record to the extent necessary for the entry and recording of data and the conducting of routine clerical tasks. Access shall be limited only to student files in which such staff are directed to enter or record information, and shall cease when the specific assigned task is completed;

Accrediting organizations to carry out their accrediting functions;
The Commissioner and Department staff members who are assigned responsibility that necessitates the review of such records;
Officials of other district boards of education within the State or other educational agencies or institutions where the student is placed, registered, or seeks to enroll, subject to the following conditions:

i. Original mandated student records that schools have been directed to compile by New Jersey statute, regulation, or authorized administrative directive shall be forwarded to the receiving school district, agency, or institution with written notification to the parent or adult student;

ii. Original mandated student records that a district board of education has required shall be forwarded to the receiving school district, agency, or institution only with the written consent of the parent or adult student, except where a formal sending-receiving relationship exists between the school districts;

iii. All records to be forwarded, including disciplinary records as specified at N.J.S.A. 18A:36-19a, shall be sent to the chief school administrator of the school district to which the student has transferred, or the chief school administrator's designee, within 10 school days after the transfer has been verified by the requesting school district;

iv. The chief school administrator, or the chief school administrator's designee, shall request, in writing, all student records from the school district of last attendance within two weeks from the date that the student enrolls in the new school district;

v. Upon request, the chief school administrator of the school district of last attendance, or the chief school administrator's designee, shall provide a parent(s) or an adult student with a copy of the records disclosed to other educational agencies or institutions; and

vi. Proper identification, such as a certified copy of the student's birth certificate or other proof of the student's identity pursuant to N.J.S.A. 18A:36-25.1, shall be requested at the time of enrollment in a new school district;

Officials of the United States Department of Education assigned responsibilities that necessitate review of such records;
Officers and employees of a State agency responsible for protective and investigative services for students pursuant to N.J.S.A. 9:6-8.40. Wherever appropriate, district boards of education shall ask the State agency for its cooperation in sharing the findings of an investigation;
Agency caseworkers or other representatives of a State or local child welfare agency who have the right to access a student's case plan when the agency or organization is legally responsible, in accordance with State law, for the care and protection of the student, consistent with 20 U.S.C. § 1232g(b)(1)(L).
Organizations, agencies, and persons from outside the school if they have the written consent of the parent or adult student. Organizations, agencies, and persons shall not transfer student record information to a third party without the written consent of the parent or adult student;
Organizations, agencies and individuals outside the school, other than those specified in this section, upon the presentation of a court order; and
Bona fide researchers who explain to the chief school administrator the nature of the research project and the relevance of the records sought. Prior to the release of records to a researcher, the chief school administrator, or the chief school administrator's designee, shall receive from the researcher written assurance that the records will be used under strict conditions of anonymity and confidentiality.

(f) Nothing in this section shall be construed to prohibit school personnel from disclosing information contained in the student health record to students or adults in connection with an emergency, if such knowledge is necessary to protect the immediate health or safety of the student or other persons.

(g) In complying with this section, district boards of education and charter school and renaissance school project boards of trustees shall adhere to the requirements pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., and the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99.

When responding to OPRA requests from any party, including parties other than those listed at (e) above, a district board of education or charter school or renaissance school project board of trustees may release, without consent, records removed of all personally identifiable information, as such documents do not meet the definition of a student record. Before making any release, the district board of education or charter school or renaissance school project board of trustees shall have made a reasonable decision that a student's identity cannot be determined whether through single or multiple releases, or when added to other reasonably available information.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
In (b), substituted "people" for "those persons under the conditions"; rewrote (c) and (e); and in (g), updated the N.J.S.A. reference.
Amended by R.2015 d.025, effective 2/17/2015.
See: 46 N.J.R. 1775(a), 47 N.J.R. 464(a).
In (c), updated the N.J.S.A. reference; added new (e)13; and recodified former (e)13 through (e)15 as new (e)14 through (e)16.
Petition for Rulemaking.
See: 50 N.J.R. 1049(b).
Modified by Executive Order No. 103(2020), effective 5/7/2020.
See: 52 N.J.R. 1148(a). Terminated effective 8/31/2021. See 53 N.J.R. 1655(a).
See: 52 N.J.R. 1862(a), 2130(a).
See: 53 N.J.R. 1024(a), 1931(a).
See: 54 N.J.R. 183(a).

N.J. Admin. Code § 6A:32-7.6 Conditions for access to student records

(a) All authorized organizations, agencies, and persons defined in this subchapter shall have access to a student record, subject to the following conditions:

No student record shall be altered or disposed of during the time period between a request to review the record and the actual review of the record.

Authorized organizations, agencies, and persons from outside the school whose access requires the consent of parents or adult students shall submit to the chief school administrator, or the chief school administrator's designee, the request in writing, together with any required authorization.

The chief school administrator, or the chief school administrator's designee, shall be present during the period of inspection to provide interpretation of the records, where necessary, and to prevent their alteration, damage, or loss. In every instance of inspection of student records by persons other than parents, students, or individuals who have assigned educational responsibility for the individual student, an entry shall be made in the student record of the name(s) of persons granted access, the reason access was granted, the time and circumstances of inspection, the records inspected, and the purposes for which the data will be used.
Prior to disclosure of student records to organizations, agencies, or persons outside the school district pursuant to a court order, the district board of education shall give the parent or adult student at least three days' notice of the name of the requesting agency and the specific records requested unless otherwise judicially instructed. The notification shall be provided in writing, if practicable. Only records related to the specific purpose of the court order shall be disclosed.

i. Notice to the parent shall not be required when the parent is party to a court proceeding involving child abuse and neglect or dependency matters, consistent with 20 U.S.C. § 1232g(b)(2)(B).

A record may be withheld from a parent or from an adult student only when the district board of education obtains a court order or is provided with evidence that there is a court order revoking the right to access. Only that portion of the record designated by the court order shall be withheld. When the district board of education has, or obtains, evidence of such court order, the parent or adult student shall be notified in writing within five days of the request that access to the record has been denied and that the person has the right to appeal the decision to the court issuing the order.

History

Amended by 47 N.J.R. 464(a), effective 2/17/2015

N.J. Admin. Code § 6A:32-7.7 Rights of appeal for parents and adult students

(a) Student records are subject to challenge by parents and adult students on grounds of inaccuracy, irrelevancy, impermissible disclosure, inclusion of improper information, or denial of access to organizations, agencies, and persons. The parent or adult student may request:

Expungement of inaccurate, irrelevant, or otherwise improper information from the student record;
Insertion of additional data, as well as reasonable comments regarding the meaning and/or accuracy of the student record;
The immediate stay of disclosure pending final determination of the challenged procedure as described in this subchapter; and/or

Immediate access to student records for organizations, agencies, and persons denied access, pending final determination of the challenged procedure, as described in this subchapter.

(b) To request a change in the student record or to request a stay of disclosure pending final determination of the challenged procedure, a parent or adult student shall notify, in writing, the chief school administrator of the specific issues relating to the student record.

Within 10 school days of notification, the chief school administrator, or the chief school administrator's designee, shall notify the parent or adult student of the school district's decision. If the school district disagrees with the request, the chief school administrator, or the chief school administrator's designee, shall meet with the parent or adult student to resolve the issues set forth in the request.
If the matter is not satisfactorily resolved, the parent or adult student has 10 school days to appeal the school district's decision.
If an appeal is made to the district board of education, the district board of education shall render a decision within 20 school days.
The decision of the district board of education may be appealed to the Commissioner pursuant to N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3, Controversies and Disputes. At all stages of the appeal process, the parent or adult student shall be afforded a full and fair opportunity to present evidence relevant to the issue.
A record of the appeal proceedings and outcome shall be made a part of the student record with copies made available to the parent or adult student.

(c) Appeals relating to student records of students with disabilities shall be processed in accordance with the requirements of (b) above.

(d) Regardless of the outcome of an appeal, a parent or adult student shall be permitted to place in the student record a statement commenting upon the information in the student record or setting forth any reasons for contesting a portion of the student record, including the decision made in the appeal. The parent's or adult student's statement shall be maintained as part of the student record, as long as the contested portion of the student record is maintained. If the contested portion of the student record is disclosed to any party, the statement commenting upon the information shall also be disclosed to that party.

History

Amended by 47 N.J.R. 464(a), effective 2/17/2015

N.J. Admin. Code § 6A:32-7.8 Retention and disposal of student records

(a) This section applies to only district boards of education and charter school and renaissance school project boards of trustees. Throughout this section, unless otherwise indicated, "district board of education" refers to the governing body of each of the three types of agencies.

(b) A student record is considered to be incomplete and not subject to the provisions of the Destruction of Public Records Law, N.J.S.A. 47:3-15 et seq., while the student is enrolled in the school district.

The district board of education shall retain the student health record and the health history and immunization record according to the school district records retention schedule, as determined by the New Jersey State Records Committee.

(c) Student records of currently enrolled students, other than the records described at (f) below, may be disposed of after the information is no longer necessary to provide educational services to a student. The disposition shall be carried out only after the parent or adult student has been notified in writing and written permission has been granted, or after reasonable attempts to notify the parent or adult student and to secure permission have been unsuccessful.

(d) Upon graduation or permanent departure of a student from the school district:

The parent or adult student shall be notified in writing that a copy of the entire student record will be provided to them upon request.
Information in student records, other than that described at (f) below, may be disposed of, but only in accordance with the Destruction of Public Records Law, N.J.S.A. 47:3-15 et seq. The disposition shall be carried out only after the parent or adult student has been notified in writing and written permission has been granted, or after reasonable attempts to notify the parent or adult student and to secure permission have been unsuccessful and prior written authorization has been obtained from the New Jersey State Records Committee in the New Jersey Department of the Treasury.

(e) No additions shall be made to the record after graduation or permanent departure without the prior written consent of the parent or adult student.

(f) The school district of last enrollment, graduation, or permanent departure of the student shall keep, for 100 years, a mandated record of a student's name, date of birth, name of parents, gender, health history and immunization, standardized assessment results, grades, attendance, classes attended, grade level completed, year completed, and years of attendance.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
In (a)1, substituted "school district records retention schedule" for "School District Records Retention Schedule"; and in (e), deleted "citizenship, address, telephone number," following "gender", and substituted "results" for "and test answer sheet (protocol)".

Subchapter 8 STUDENT ATTENDANCE AND ACCOUNTING

N.J. Admin. Code § 6A:32-8.1 School register

(b) District boards of education shall carefully and accurately track enrollment and attendance of all students in a manual school register format or in an electronic format of the school district's choosing.

(c) The Commissioner will issue and publish on the Department's website guidance for recording student attendance in all public schools of the State operated by district boards of education, except adult high schools.

(d) Student attendance shall be recorded in the school register during school hours on each day in session, pursuant to N.J.A.C. 6A:32-8.3. An employee designated by the chief school administrator shall keep in the school register, attendance of all students, and shall maintain the attendance records in accordance with this subchapter and the guidance at (c) above.

(e) A student who has been placed on home instruction shall have their attendance status recorded on the regular register for the program in which the student is enrolled. The student shall be marked absent for the period beginning the first day the student is unable to attend school and ending the day before the first instructional day at the student's place of confinement. Absences shall not be recorded for the student while on home instruction, provided the hours of instruction are no less than required by N.J.A.C. 6A:14-4.8 and 4.9 and 6A:16-10.1 and 10.2. The number of possible days in membership for a student on home instruction shall be the same as for other students in the program in which the student is enrolled.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote the section.

N.J. Admin. Code § 6A:32-8.2 School enrollment

(a) The school enrollment in a program of instruction, a school, or a school district shall be the total number of original student entries in the school register plus the number of re-entries, less the number of transfers, withdrawals, or dropouts in any such unit during a school year. The total number of original entries and re-entries, less the number of transfers, withdrawals, or dropouts, in all programs of instruction and schools of a school district shall constitute the school enrollment for the district board of education during any school year.

(b) A student attending a school operated by a district board of education shall not be concurrently enrolled in more than one school register in any school district during a school year with the exception of shared-time students.

(c) A student shall not be enrolled in a school register until the student has reached over the age of five years in accordance with N.J.S.A. 18A:38-1, Attendance at school free of charge. The district board of education may enroll students under the following legal school ages:

Kindergarten: older than four years and younger than six years;
State-funded preschool program: at least three years of age and younger than five years; and
Preschool students with disabilities: at least three years of age and younger than five years.

(d) Within 10 school days of the start of the school year, a school district shall determine whether a student who attended the previous year but not the current school year has an excused absence or has transferred, withdrawn, or dropped out of the school district.

(e) Any student enrolled in a school district who moves to another school district in the same school year shall be included in the school register in the new school district upon enrollment.

(f) The average daily enrollment in a school district for a school year shall be the sum of the total days in membership of all enrolled students when schools were in session during the year, divided by the number of days in session. The average daily enrollment for the programs of instruction or schools of a school district having varying lengths of terms shall be the sum of the average daily enrollments obtained for the individual programs of instruction or schools.

History

Amended by 47 N.J.R. 464(a), effective 2/17/2015

N.J. Admin. Code § 6A:32-8.3 Day in session

(a) A day in session shall be a day on which the school is scheduled to provide instruction and students are under the guidance and direction of a teacher(s) engaged in the teaching process. A day on which school is closed for reasons such as holidays and teachers' institutes, or inclement weather not under conditions set forth at N.J.A.C. 6A:32-13, shall not be considered a day in session.

(b) A day in session shall consist of not less than four hours, exclusive of recess and lunch periods, except that one continuous session of two and one-half hours may be considered a full day in kindergarten.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote (b), (c)1, (c)3, and (f).
Administrative change.
See: 46 N.J.R. 1743(a).

N.J. Admin. Code § 6A:32-8.4 Student attendance

(a) For all State attendance submissions, a student shall be recorded as present, absent, or excused for a State-excused absence, pursuant to (e) below, on every day the school is in session after the student enrolls until the date the student is transferred to another school or officially leaves the school district.

(b) A record of attendance of all students shall be kept in accordance with N.J.A.C. 6A:32-8.1(c). The employee designated by the chief school administrator shall keep the attendance records according to this subchapter and the guidance issued by the Commissioner in accordance with N.J.A.C. 6A:32-8.1(c).

(c) A student enrolled in a school shall be recorded in the school register as present if the student participates in instruction or instruction-related activities for at least half a day in session whether the student is physically on school grounds, at an approved off-grounds location, or in a virtual or remote instruction setting, pursuant to N.J.A.C. 6A:32-13.

(d) A student enrolled in a school who is not participating in instruction or instruction-related activities pursuant to (c) above shall be recorded in the school register as absent, unless the student is recorded as a State-excused absence, pursuant to (e) below.

(e) State-excused absences shall be as follows:

Religious observance, pursuant to N.J.S.A. 18A:36-14, 15, and 16.

i. The Commissioner, with approval of the State Board of Education, shall annually prescribe a list of religious holidays on which it shall be mandatory to excuse students for religious observance upon the written request signed by the parent or person standing in loco parentis;

Participation in observance of Veterans Day, pursuant to N.J.S.A. 18A:36-13.2;
Participation in district board of election membership activities, pursuant to N.J.S.A. 18A:36-33;
Take Our Children to Work Day;
College visit(s), up to three days per school year for students in grades 11 and 12; and
Closure of a busing school district that prevents a student from having transportation to the receiving school.

(f) For absences that do not meet the criteria at (e) above, district boards of education may adopt policies that establish locally approved or excused absences consistent with N.J.A.C. 6A:16-7.6 for the purposes of expectations and consequences regarding truancy, student conduct, promotion, retention, and the award of course credit. However, an absence designated as excused by the district board of education pursuant to N.J.A.C. 6A:16-7.6 shall be considered as an absence in the submission to the State for the purpose of chronic absenteeism reporting, as set forth at N.J.A.C. 6A:32-8.6.

History

Adopted, 54 N.J.R. 1276(a), effective 7/5/2022

N.J. Admin. Code § 6A:32-8.5 Average daily attendance

The average daily attendance rate in a school district school or program of instruction for a school year shall be the total number of the days present of all enrolled students, divided by the number of days in membership of all enrolled students. The student average daily attendance means the total number of days that a student is present in school divided by the total possible number of days in session.

History

Adopted, 54 N.J.R. 1276(a), effective 7/5/2022

N.J. Admin. Code § 6A:32-8.6 Absentee and chronic absenteeism rates

(a) A student's absentee rate shall be determined by subtracting the student's total number of days present from the student's days in membership and dividing the result by the student's days in membership.

State-excused absences shall not be included in a student's days in membership for purposes of calculating a student's absentee rate.

(b) If a student's absentee rate is equal to or greater than 10 percent, the student shall be identified as chronically absent.

(c) Each school with 10 percent or more of its enrolled students identified as chronically absent shall develop a corrective action plan to improve absenteeism rates. In accordance with N.J.S.A. 18A:38-25.1, the school will annually review and revise the corrective action plan and present the revisions to the district board of education, until the percentage of students who are chronically absent is less than 10 percent.

History

Adopted, 54 N.J.R. 1276(a), effective 7/5/2022

Subchapter 9 ATHLETICS PROCEDURES

N.J. Admin. Code § 6A:32-9.1 General requirements

(a) A district board of education may adopt a program of sport activities that complies with N.J.S.A. 18A:36-37.

(b) If the athletic facilities are not owned by the municipality or the district board of education, the district board of education shall require the owner to provide adequate safeguards for players and spectators. The field, room, court, track, stands, and surrounding premises shall be kept in good condition and free from hazards.

(c) Upon the recommendation of the chief school administrator, the district board of education shall adopt and, thereafter, annually review a policy of emergency medical procedures for all practice sessions and competitive contests, games, events, or exhibitions with individual students or teams of one or more schools of the same or other school districts, whether conducted on public or private facilities. The policy shall be disseminated to appropriate personnel.

(d) A student seeking to represent the school in interscholastic athletic competition and their parent, or an adult student, shall sign a form furnished by the district board of education. The form shall embody the following:

A request to be a candidate for a place on a school squad or team in a specified sport;
An acknowledgement that physical hazards may be encountered; and
Consent of the student's parent or the adult student to participate.

History

Amended by 47 N.J.R. 464(a), effective 2/17/2015

Subchapter 10 SUMMER SCHOOL SESSIONS

N.J. Admin. Code § 6A:32-10.1 General

(a) A summer school session shall be operated by a district board of education in compliance with N.J.S.A. 18A:11-15.

(b) Remedial, advancement, and enrichment courses may be offered during a summer school session to meet student needs.

(d) All school districts operating elementary and/or secondary summer school sessions shall conduct fire and school security drills pursuant to N.J.S.A. 18A:41-1.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote (a); and added (c) and (d).

N.J. Admin. Code § 6A:32-10.2 Costs and tuition

(a) The district board of education may charge tuition in accordance with N.J.S.A. 18A:11-15 for any course provided during a summer school session to a student who resides in the school district.

(b) The district board of education may charge tuition at an amount it determines for any course provided during a summer school session to a student not domiciled within the school district.

History

Recodified from N.J.A.C. 6A:32-10.3 and amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote the section. Former N.J.A.C. 6A:32-10.2, Approval, repealed.

N.J. Admin. Code § 6A:32-10.3 Staffing

(a) In each school, a member of the administrative, supervisory, or teaching staff who is certified as an administrator shall be assigned the responsibilities of administration and supervision of the summer session.

(b) District boards of education conducting summer school sessions shall employ teachers who possess valid certificates for the subjects taught. Curriculum enrichment may involve resource persons serving for specific periods of time under the supervision of a certified administrator, supervisor, or teacher.

History

Recodified from N.J.A.C. 6A:32-10.4 and amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
In (b), inserted "school", and inserted a comma following "supervisor". Former N.J.A.C. 6A:32-10.3, Costs and tuition, recodified to N.J.A.C. 6A:32-10.2.

N.J. Admin. Code § 6A:32-10.4 Student assignment and credit

(a) The assignment of students in a summer school session for remedial courses shall be based upon the recommendation of the principal of the school the student regularly attends, in accordance with district board of education policies. The principal's written recommendation shall state the name of the subject(s) the student may take and the purpose for each subject.

(b) An evaluation and a description of work completed shall be included in the student's cumulative record. The principal of the sending school shall determine the grade placement of the student.

(c) To receive advanced credit for a subject not previously taken, the student shall receive class instruction in summer session under standards equal to the standards taught during the regular term.

(d) Full-year subjects given for remediation that carry credit or placement consequences for students shall be conducted for 60 hours of instruction under standards equal to the standards taught during the regular term or through an established number of curricular activities as determined by the district board of education.

(e) Credit for work taken in an approved elementary or secondary school summer session shall be transferable in the same manner as work taken in any approved elementary or secondary school, in accordance with district board of education policy.

(f) The principal shall give prior approval for work to be taken at other educational institutions or environments, which shall include, but not be limited to, other public and private schools, institutions of higher education, and online courses.

(g) The amount of time a student spends receiving class instruction shall become part of the student's permanent record and shall be included whenever the student's record is transferred to another school.

History

Recodified from N.J.A.C. 6A:32-10.5 and amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote (a), (d), (f), and (g); and in (b), inserted a comma following "record". Former N.J.A.C. 6A:32-10.4, Staffing, recodified to N.J.A.C. 6A:32-10.3.

N.J. Admin. Code § 6A:32-10.5 Reserved

History

Recodified to N.J.A.C. 6A:32-10.4 by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Student assignment and credit".

Subchapter 11 WITHDRAWAL FROM REGIONAL SCHOOL DISTRICTS

N.J. Admin. Code § 6A:32-11.1 Application and data for investigation of advisability of withdrawal or dissolution

(a) The district board of education of any school district constituting part of a limited-purpose regional school district, the governing body of a limited-purpose regional school district, or the governing body of any municipality constituting part of an allpurpose regional school district may apply to the executive county superintendent to investigate the advisability of withdrawal of constituent school district or municipality from the regional school district.

(b) A majority of the boards of education of the school districts that constitute a limited-purpose regional school district and a majority of the governing bodies of the municipalities that constitute the constituent school districts of a limited-purpose regional school district may apply, by separate resolutions, to the executive county superintendent to investigate the advisability of the dissolution of the regional district.

(c) The resolutions requesting that the executive county superintendent make such an investigation shall be adopted by a recorded roll call vote of the majority of the full membership.

(d) The resolution request(s) submitted to the executive county superintendent shall include the following information:

A general description of the regional school district and of the withdrawing constituent school district, including, but not limited to, the type of educational system, number of schools, grade levels served, community population, and geographical characteristics;
Enrollment data, including, but not limited to, the number of students enrolled as reported by grade on the Annual Application for State School Aid and estimated projected enrollments, by grade level, for the succeeding five school years for both the withdrawing school district or municipality and the remaining regional school district, based on growth factors using average percentages for the last three school years;
The racial composition of the withdrawing school district's or municipality's student population enrolled in the regional school district, and the effect of such withdrawal upon the racial composition of the remaining student population of the regional school district;

Two appraisals of each school site that is part of the regional school district prepared by qualified appraisers.

i. If two or more constituent school districts or municipalities request such a study, the selection of the appraisers and the cost of the required appraisals shall be made jointly and shared; and

The proposed educational plan for the students from the withdrawing school district or municipality presently enrolled in the school(s) of the regional school district.

(e) Within 21 days following adoption of the resolution, the adopting body shall confer with the remaining constituent school districts and/or the governing bodies of the constituent municipalities, the regional district board of education, and the executive county superintendent to review the procedure required for withdrawal from a regional school district. The executive county superintendent may call the conference at the request of a constituent school district or municipality prior to its adoption of the resolution.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Application and data for investigation of advisability of withdrawal". Rewrote the section.

N.J. Admin. Code § 6A:32-11.2 Investigation and report by executive county superintendent

(a) The executive county superintendent shall investigate the advisability of the withdrawal of the requesting constituent district from, or the dissolution of, the regional school district upon receipt of the resolution(s) and accompanying data pursuant to N.J.A.C. 6A:32-11.1. Within 60 days after receipt of the request, the executive county superintendent shall issue a report, in accordance with N.J.S.A. 18A:13-52 or 18A:13-67, to governing bodies of the municipalities constituting the regional school district and the board of education of the regional school district. If the executive county superintendent's report addresses the withdrawal of a constituent school district(s) from, or the dissolution of, a limited-purpose regional school district, the report shall also be issued to the district boards of education of the constituent school districts. When the executive county superintendent has begun the investigation, no action shall be taken upon a subsequent request from another constituent school district or municipality of the same regional school district until the investigation, report, and action have been completed. The report shall be based on data including, but not limited to, the following:

A general description of the regional school district, including the number of constituent school districts, school buildings, area of the total school district, and area of the withdrawing school district or municipality;
Enrollment data, including the number of students enrolled as reported by grade on the Annual Application for State School Aid and estimated projected enrollment, by grade level, for the succeeding five school years for both the withdrawing school district or municipality and the remaining regional school district. The estimated projected enrollments shall be based on growth factors using average percentages for the last three school years and a review of municipal planning documents (master plan elements, zoning maps), including any annual reports or summaries of land-use approvals within the past five years;
Enrollment data, by grade level, showing the racial composition of the present regional student population and the resulting racial composition for both the withdrawing school district or municipality and the remaining regional school district if withdrawal were to be approved;
The operating expenses of the regional school district for the present school year including the distribution of current operating expenses among the constituent school districts or municipalities;

The equalized valuation of each constituent school district or municipality of the regional school district as set forth in N.J.S.A. 18A:7F-45;

The average equalized valuations of the real property of each constituent school district or municipality of the regional school district as set forth in N.J.S.A. 18A:24-1 et seq.;
The borrowing margin of each constituent school district or municipality of the regional school district as determined by N.J.S.A. 18A:24-1 et seq., and the revised borrowing margin of each constituent school district or municipality and the withdrawing school district or municipality, if approval were to be granted;
The apportionment by dollar amounts and percentages of debt service for the current school year among all the constituent school districts or municipalities of the regional school district;
The replacement costs of school buildings, additions, grounds, furnishings, and equipment of the regional school district, and the replacement cost of any school building, additions, grounds, furnishings, and equipment of the regional school district situated in the withdrawing school district or municipality. The Department will calculate the school building replacement costs as follows:

i. The current overall cost per square foot for school construction in New Jersey, updated in the fall of each year, will be multiplied by the gross area of the building. The figure shall include construction costs, moveable and built-in furniture and equipment, and fees; and

ii. Site costs will be excluded since they are already included under N.J.A.C. 6A:26-7.1(a).

The amount of indebtedness, if any, to be assumed by the withdrawing constituent school district or municipality;
The distribution of assets and liabilities of the existing regional school district and remaining regional school district following withdrawal in the manner provided by N.J.S.A. 18A:8-24;

(b) The executive county superintendent report shall include, but not be limited to, the following:

A proposed educational plan for the withdrawing constituent school district or municipality, if withdrawal were to be approved, including the effects of such withdrawal upon the educational program of the remaining regional school district and on the provision of adequate public school facilities and services at a reasonable cost;
A summary of the advantages and disadvantages of withdrawal to both the withdrawing constituent school district or municipality and the remaining regional school district; and
A recommendation from the executive county superintendent regarding the request for withdrawal from the regional school district.

(c) Upon adoption of a resolution in accordance with N.J.S.A. 18A:13-51 or 18A:13-66, the board of education of the regional school district shall not incur any additional indebtedness for capital projects, pending either the rejection of the proposal at a special school election or an effective date of withdrawal as determined by the Commissioner.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Investigation and report by county superintendent of schools". Rewrote the section.

N.J. Admin. Code § 6A:32-11.3 Special school election

(a) If the application is granted upon completion of the procedures at N.J.S.A. 18A:13-54 to 56 or 18A:13-69 to 71, the executive county superintendent shall confer with the regional district board of education and the boards of education of the constituent school districts of a limited-purpose regional school district or the constituent municipal governing bodies of an all-purpose regional school district and fix a day and time for holding a special school election, in accordance with N.J.S.A. 18A:13-57 or 18A:13-72.

(b) To be effective, the proposal shall be adopted by a majority of the legal votes cast within the withdrawing constituent school district or municipality, and, in addition, a majority of the combined legal votes cast within the remainder of the regional school district.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Inserted "executive", and deleted "the provisions of" following "with".

N.J. Admin. Code § 6A:32-11.4 Final determination of board of review

The board of review, which shall consist of the Commissioner as chairperson, the State Treasurer or designee, and the Director of the Division of Local Government Services in the Department of Community Affairs, shall include in its final determinations required by N.J.S.A. 18A:13-56 or 18A:13-71, any specific conditions under which its consent is granted to ensure that a thorough and efficient system of public schools will be maintained in the withdrawing school district(s) or municipality(ies) and the remaining regional school district, or in the remaining constituent school districts in the event of a dissolution.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote the section.

N.J. Admin. Code § 6A:32-11.5 Effective date of withdrawal

If approved at the special school election, the withdrawal of the school district or municipality shall become effective upon a date to be determined by the Commissioner, pursuant to N.J.S.A. 18A:13-59 or 18A:13-74.

History

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote the section.

N.J. Admin. Code § 6A:32-11.6 [Reserved]

History

Repealed by 49 N.J.R. 641(a), effective 4/3/2017

Subchapter 12 KINDERGARTEN

N.J. Admin. Code § 6A:32-12.1 Kindergarten programs

(a) School districts offering approved kindergarten programs shall provide each student enrolled with a balanced program using adequate equipment, materials, and supplies. School districts shall design a balanced kindergarten program to meet the individual needs of every student and may include instruction in reading and other subjects when the teacher of the class determines that a student is ready for such instruction.

(b) Each kindergarten teacher shall be properly certified pursuant to N.J.A.C. 6A:9B, State Board of Examiners and Certification, and in accordance with the Abbott v. Burke decision, Abbott v. Burke, 153 N.J. 480 (1998) (" Abbott V"); 177 N.J. 578 (2003) (" Abbott X ").

(c) School districts that are not subject to the Abbott v. Burke decisions at 153 N.J. 480 (1998) and 177 N.J. 578 (2003) (" Abbott decisions") or the provisions at N.J.A.C. 6A:13-3.2 shall maintain a maximum enrollment for a kindergarten classroom of 25 students per teacher. School districts subject to the Abbott decisions or in which 40 percent or more of the students are "at-risk" as defined at P.L. 2007, c. 260, shall follow the provisions for kindergarten at N.J.A.C. 6A:13-3.2.

School districts that are not subject to the Abbott decisions or the provisions at N.J.A.C. 6A:13-3.2 may submit a written request to the executive county superintendent for permission to increase the number of students in a kindergarten classroom, provided another teacher, or a paraprofessional is employed full-time to provide for the increased size.

History

Recodified from N.J.A.C. 6A:32-13.1 by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Rewrote the section. Former N.J.A.C. 6A:32-12.1, Reporting requirements, repealed.

N.J. Admin. Code § 6A:32-12.2 [Reserved]

History

Repealed by 49 N.J.R. 641(a), effective 4/3/2017

Subchapter 13 VIRTUAL OR REMOTE INSTRUCTION

N.J. Admin. Code § 6A:32-13.1 Virtual or remote instruction

(a) This section applies to all district boards of education, charter school and renaissance school project boards of trustees, and private agencies that provide educational services by means of public funds. Throughout this section, unless otherwise indicated, "district board of education" refers to the governing body of each of the four types of agencies.

(b) If 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 for more than three consecutive school days, the chief school administrator shall have the authority to implement the school district's program of virtual or remote instruction, pursuant to N.J.S.A. 18A:7F-9.

If implemented by the chief school administrator, the school district's program of virtual or remote instruction shall be provided to an enrolled student, whether a general education student in preschool through grade 12 or a student with a disability aged three to 21.

i. The school district shall provide students with a disability with the same educational opportunities provided to general education students to the extent appropriate and practicable.

ii. Related services may be delivered to general education students and students with a disability through the use of electronic communication or a virtual or online platform, as appropriate.

(c) The district board of education may apply to the 180-day requirement established pursuant to N.J.S.A. 18A:7F-9.b, one or more days of virtual or remote instruction under the following conditions:

Virtual or remote instruction is provided to students on the day(s) that some or all of the programs of instruction of the school district were closed to in-person instruction;
The virtual or remote instruction meets the Commissioner-established criteria for the occurrence of one of the events at (b) above;
The school district's program of virtual or remote instruction:

i. Explains, to the greatest extent possible, the equitable delivery of, and access to, virtual and remote instruction, including descriptions of the following:

(1) The design of synchronous and/or asynchronous virtual or remote learning plans that will maximize student growth and learning;

(2) How the school district will continuously measure student growth and learning in a virtual or remote instruction environment; and

(3) The school district's plan for measuring and addressing any ongoing digital divide issue(s), including a lack of access to the internet, network, or devices;

ii. Addresses the needs of students with disabilities and includes descriptions of the following:

(1) The delivery of virtual or remote instruction in order to implement, to the greatest extent possible, students' individualized education programs (IEPs), including material and platform access;

(2) The methods used to document IEP implementation, including the tracking of student progress, accommodations, and modifications;

(3) How case managers follow up with parents to ensure services are implemented, to the greatest extent possible, in accordance with IEPs; and

(4) How the school district plans to conduct IEP meetings, evaluations, and other meetings to identify, evaluate, and/or reevaluate students with disabilities;

iii. Addresses the needs of multilingual learners (MLs) and includes the following:

(1) How the school district includes an English as a second language (ESL) and/or bilingual education program aligned with State and Federal requirements to meet the needs of MLs;

(2) The process to communicate with parents of MLs, including providing translation materials, interpretative services, and information available at the parent's literacy level;

(3) The use of instructional adaptations, for example, differentiation, sheltered instruction, Universal Design for Learning, access to technology, and strategies to ensure MLs access the same standard of education as non-ML peers; and

(4) The training for teachers, administrators, and counselors to learn strategies related to culturally responsive teaching and learning, social-emotional learning, and trauma-informed teaching for students affected by forced migration from their home country;

iv. Accounts for student attendance in accordance with (d) below and includes the following:

(1) A description or copy of the school district's attendance policies, including how the school district will determine whether a student is present or absent during virtual or remote instruction, and how a student's attendance will factor into promotion, retention, graduation, discipline, and any other decisions that will reflect the student's performance;

v. Describes how the school district is communicating with the parents when a student is not participating in virtual or remote instruction and/or submitting assignments;

vi. Includes a plan for the continued safe delivery of meals to eligible students;

vii. Includes an outline of how buildings will be maintained throughout an extended period of closure; and

viii. Includes district-specific factors, including, but not limited to, considerations for Title I extended learning programs, 21st Century Community Learning Center Programs, credit recovery, other extended student learning opportunities, accelerated learning, and social and emotional health of staff and students, transportation, extra-curricular programs, childcare, and community programming; and

The district board of education submitted a proposed program of virtual or remote instruction to the Commissioner within 30 days of the effective date of P.L. 2020, c. 27 and, thereafter, by July 31 annually.

i. If the district board of education is unable to complete and submit a proposed program by July 31 annually, and the school 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.

(d) If provided under the district board of education's program that has been approved by the Commissioner, student attendance for a day of virtual or remote instruction shall be accounted for in accordance with N.J.A.C. 6A:32-8.4f or the purposes of meeting State and local graduation requirements, the awarding of course credit, and other matters as determined by the Commissioner.

History

Recodified to N.J.A.C. 6A:32-12.1 by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Student attendance".

N.J. Admin. Code § 6A:32-13.2 Virtual or remote instruction in approved private schools for students with disabilities (APSSDs)

(a) If the State or local health department determines that it is advisable to close, or mandates closure of, an approved private schools for students with disabilities (APSSD) 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 more than three consecutive school days, the full-time non-teaching principal shall have the authority to implement the APSSD's Department-approved program of virtual or remote instruction.

(b) The APSSD may apply one or more days of virtual or remote instruction to qualify as a day of instruction for the purposes of calculating tuition pursuant to N.J.S.A. 18A:46-21.1.a, under the following conditions:

Virtual or remote instruction is provided to students on the day(s) that some or all of the programs of instruction of the APSSD were closed to in-person instruction;
The virtual or remote instruction meets the Commissioner-established criteria for the occurrence of one of the events at (a) above;

The APSSD's program of virtual or remote instruction shall include the criteria at N.J.A.C. 6A:32-13.1(c)3; and

The APSSD submitted a proposed program of virtual or remote instruction to the Commissioner and the sending district board(s) of education within 30 days of the effective date of P.L. 2020, c. 27 and, thereafter, by July 31 annually.

i. If the APSSD is unable to complete and submit a proposed program by July 31 annually, and the APSSD 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.

(c) If provided under a Commissioner-approved program, student attendance for a day of virtual or remote instruction shall be accounted for in accordance with N.J.A.C. 6A:32-8.4f or the purposes of meeting State and local graduation requirements, the awarding of course credit, and other matters as determined by the Commissioner.

(d) The virtual or remote instruction shall be consistent with the student's individualized education program (IEP) to the extent appropriate and practicable and shall meet the New Jersey Student Learning Standards.

History

Repealed by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Dropouts".

N.J. Admin. Code § 6A:32-13.3 Reserved

History

Recodified to N.J.A.C. 6A:32-12.2 by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Guidance and counseling".

Subchapter 14 VOTER REGISTRATION

N.J. Admin. Code § 6A:32-14.1 Distribution

District boards of education, appropriate school official(s) in nonpublic schools with high schools, and private agencies that provide educational services to high schools by means of public funds shall provide to each eligible high school student prior to the school year's graduation date a voter registration form, a summary of voter registration eligibility requirements, and materials describing the role of a citizen and the importance of voting, pursuant to N.J.S.A. 18A:36-27.

History

Adopted by 47 N.J.R. 464(a), effective 2/17/2015

N.J. Admin. Code § 6A:32-14.2 Statement of assurance

The chief school administrator of a public school district, the administrator of a nonpublic school with high schools, or the head administrator of a private agency that provides educational services for high schools by means of public funds shall sign a statement of assurance and submit it to the executive county superintendent no later than June 30 each year. The statement of assurance shall affirm the distribution of voter registration forms, a summary of voter registration eligibility requirements, and materials describing the role of a citizen and the importance of voting.

History

Adopted by 47 N.J.R. 464(a), effective 2/17/2015

Subchapter 15 RESERVED

N.J. Admin. Code § 6A:32-15.1 Reserved

History

Repealed by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Criminal history records check".

Chapter 33 SCHOOL TURNAROUND AND IMPROVEMENT

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 6A:33-1.1 Purpose

(a) The mission of the New Jersey Department of Education is to provide supports to schools, educators, and school districts to ensure that all of New Jersey's 1.4 million students have equitable access to a high-quality education and achieve academic excellence. To that end, these rules are promulgated pursuant to N.J.S.A. 18A:7F-34 to support the State's lowest performing schools identified as Comprehensive and Targeted Schools.

(b) Pursuant to the authority at N.J.S.A. 18A:7F-6.b and 18A:7F-60, the Commissioner may take any action the Commissioner deems necessary and appropriate, whenever the Commissioner determines, through the results of Statewide assessments or during the course of an evaluation of school performance, that a school district or one or more of its schools is failing to achieve the New Jersey Student Learning Standards (NJSLS).

(c) Based on the authority of N.J.S.A. 18A:7F-6.b and 18A:7F-60, in accordance with the Every Student Succeeds Act (ESSA) (20 U.S.C. §§ 6301 et seq.) and pursuant to this chapter, the Department will:

Utilize a system of meaningful differentiation to identify Comprehensive and Targeted Schools;
Provide differentiated support to Comprehensive and Targeted Schools based upon the reason for identification and the annual plans developed by the school and its school district; and
Utilize exit criteria for Comprehensive and Targeted Schools to assess ongoing progress toward improved academic achievement and school success in the State.

History

Administrative Change, 48 N.J.R. 1802(a).

N.J. Admin. Code § 6A:33-1.2 Scope

The rules shall apply to Comprehensive and Targeted Schools, as defined at N.J.A.C. 6A:33-1.3, and their school districts with the exception of any charter schools authorized pursuant to N.J.S.A. 18A:36A-1 et seq., or renaissance school projects that may be identified as Comprehensive or Targeted Schools.

History

Amended by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-1.3 Definitions

The following words and terms shall have the following meanings when used in this chapter unless the context clearly indicates otherwise.

"Accountability indicators" mean the areas that the Every Student Succeeds Act (ESSA) requires the State to utilize in measuring the performance of all schools for the purpose of identifying schools in need of support and improvement. The required accountability indicators for high schools are: academic achievement; graduation rate; progress toward achieving English language proficiency; and a measure of school quality or student success. The required accountability indicators for elementary and middle schools are: academic achievement; academic progress; progress toward achieving English language proficiency; and a measure of school quality or student success.

"Annual school plan" means a school-level plan to improve student outcomes for a Comprehensive or Targeted School.

"Comprehensive School" means a school that the Department identifies as in need of comprehensive support and improvement, in accordance with the criteria at N.J.A.C. 6A:33-2.1.

"Comprehensive II School" means a Comprehensive School that does not meet exit criteria, in accordance with N.J.A.C. 6A:33-4.1(b).

"English language proficiency test" means as defined at N.J.A.C. 6A:15-1.2.

"ESSA" means the Elementary and Secondary Education Act (ESEA) of 1965, as amended by the Every Student Succeeds Act, 20 U.S.C. §§ 6301 et seq.

"Evidence-based interventions" means strategies that are deemed effective based on research findings that indicate a positive, statistically significant impact on outcomes and, as such, are likely to result in comparable outcomes for Comprehensive or Targeted Schools when replicated under similar conditions, as described in the research.

"Field support team" means one of the Department's field-based teams composed of experienced educators and specialists who are charged with providing on-site support focused on curriculum, instruction, assessment, professional learning, use of data, and cycles of continuous improvement to school districts that have one or more Comprehensive Schools, or three or more Targeted Schools.

"Interim target" means the metric in the accountability system that defines whether Comprehensive or Targeted Schools made progress toward long-term goals.

"Interventions" means strategies in the annual school plan that address the root causes that hinder optimal student achievement. Interventions are implemented by a Comprehensive or Targeted School with support from the school district and may include, but are not limited to:

Implementation of curriculum aligned to the NJSLS, including an ongoing process for revision linked to instructional and assessment data;
Ongoing assessment of the climate and culture of the school to ensure a quality learning environment with a culture of high expectations for every student;
Development of new family- and community-engagement strategies specifically focused on academic achievement;
Implementation of diagnostic and common formative assessments and instructional units;
Job-embedded professional learning for instructional staff based on needs identified through the annual school plan, relevant academic assessment, instructional, and demographic data; and
Tiered, evidence-based academic strategies to address specific student needs.

"New Jersey Student Learning Standards" or "NJSLS" means the standards established for the provision of a thorough and efficient education pursuant to N.J.S.A. 18A:7F-4 and defined in N.J.A.C. 6A:8.

"School performance reports" means annual Department school reports that include a range of data on student achievement, progress toward annual targets, and additional college- and career-readiness data points in accordance with the school report cards required by ESSA.

"Student subgroup" means students who are grouped together for the collection of data required by ESSA and for the identification of schools in need of support and improvement. Section 1111(c)(2) of ESSA defines student subgroups, for accountability purposes, as specific racial and ethnic groups, economically disadvantaged students, students with disabilities, and multilingual learners (MLs).

"Targeted School" means a school that the Department identifies as in need of targeted improvement and support, in accordance with the criteria at N.J.A.C. 6A:33-2.2.

"Title I school" means a school that receives Federal funding pursuant to ESSA.

History

Administrative Change, 48 N.J.R. 1802(a).

Subchapter 2 IDENTIFICATION PROCESS

N.J. Admin. Code § 6A:33-2.1 Data utilized for identification

(a) The Department will utilize the following data, if applicable, to measure a school's performance on the accountability indicators and to identify Comprehensive and Targeted Schools:

Academic achievement as measured by a school's proficiency rates on the State assessment;
Academic progress as measured by the school's student growth percentile;
The high school's graduation rate;
Progress of multilingual learners toward English language proficiency, as measured by the school's growth on the English language proficiency test; and
The school's chronic absenteeism rate.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-2.2 Identification of schools in need of comprehensive support and improvement

(a) The Department will identify a school meeting any of the following criteria as a Comprehensive School:

An aggregate score that is at or below the fifth percentile of performance for all Title I schools based on all applicable accountability indicators;
For Title I schools, identification as being in need of targeted support and improvement pursuant to N.J.A.C. 6A:33-2.3(a)1 for three or more consecutive years; or
For a high school, a four-year graduation rate at or below 67 percent.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-2.3 Identification of schools in need of targeted support and improvement

(a) The Department will identify a school meeting any of the following criteria as a Targeted School, unless the Department has already identified the school as a Comprehensive School in the same identification cycle:

At least one student subgroup has an aggregate score that is at or below the fifth percentile of performance for all Title I schools based on all applicable accountability indicators; or
The school has a student subgroup that is designated as consistently underperforming as follows:

i. For elementary and middle schools, data for two consecutive years demonstrate that at least one student subgroup missed its interim target in academic achievement, the academic progress indicator fell below a pre-determined level, and each accountability factor was below the State average for all students; or

ii. For high schools, data for two consecutive years demonstrate that at least one student subgroup missed its interim targets in academic achievement and graduation rate and each accountability indicator was below the State average for all students.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-2.4 Notification of identification

(a) The Department will notify, in writing, any school district that operates a school newly identified as a Comprehensive or Targeted School, pursuant to N.J.A.C. 6A:33-2.2 and 2.3.

(b) The written notification will include, at a minimum:

The school district's identified school(s) and its corresponding status(es);
A list of available support and technical assistance in understanding expectations for, and addressing the needs of, Comprehensive and Targeted Schools; and
Information about Federal school improvement funds.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-2.5 Regional Achievement Center interventions

(a) School and school district leaders shall commit to and be held accountable for the high-quality implementation of the intervention strategies identified in the SIP with the support of the RAC team. District boards of education that have a Priority or Focus School shall submit assurances to the Department ensuring that:

Priority and Focus Schools will work with the RAC to develop and implement a SIP that delineates the interventions for which the school and district will be held accountable; and
Each Priority and Focus School has sufficient operational flexibility in areas of budgeting, staffing, and calendars/time to implement the approved SIP with fidelity.

(b) If a Priority or Focus School fails to implement the SIP either in whole or in part, or if the SIP does not lead to an adequate increase in student performance outcomes, the Commissioner may take, upon recommendation of the EDRA and/or the RACs, appropriate action to ensure the SIP's meaningful implementation. The action may include, but is not limited to:

Directing all educational expenditures in the school district to be spent effectively and efficiently pursuant to N.J.S.A. 18A:7F-60 to enable students to achieve the NJSLS; and/or
Exercising powers pursuant to N.J.S.A. 18A:7F-6.b, including, but not limited to:

i. Restructuring the curriculum if the Department determines that a Priority or Focus School's curriculum does not satisfy QSR criteria, which may require the school to:

(1) Implement a curriculum, assessment, and intervention system to meet QSR requirements;

(2) Provide training on the new curriculum to staff or to participate in training provided by the Department; or

(3) Comply with other appropriate actions associated with (b)1 and 2 above;

ii. Directing staff retraining or reassignment, including the following:

(1) If the Commissioner determines that a Priority or Focus School's leadership is insufficient to successfully improve the school's performance, the Department may reassign its principal. In such cases, the Department shall approve the school district's replacement selection before he or she is installed. The removed principal shall not be reassigned to another Priority or Focus School to serve in the role as a principal.

(2) Priority and Focus Schools shall utilize a staffing model that meets QSR-established criteria. Priority and Focus Schools shall demonstrate sufficient support for students and school staff in the areas of literacy, mathematics, data, and climate and culture. If a school does not meet the requirements, the Department may take the following actions or other staff-related actions deemed necessary by the Commissioner:

(A) Require the hiring or appointing of staff to fill roles associated with identified school needs, including, but not limited to: school literacy leader; school math leader; school data leader; and school climate and culture leader;

(B) Require staff to participate in training or professional development activities;

(D) Conduct a comprehensive budget evaluation;

(E) Redirect expenditures; and

(F) Enforce spending at full adequacy budget;

iii. Withholding Federal funds from a school district consistent with authority under Federal or State law;

iv. Altering the budget if, through the QSR process and analysis of other information, the Commissioner determines a Priority or Focus School's budget and/or expenditures are contributing to the school's poor performance, which may include:

(1) Altering the school's budget;

(2) Altering the school district's budget;

(3) Redirecting school spending; or

(4) Redirecting school district spending in ways associated with the Priority or Focus School; and/or

v. Appointing a QTP to assist with the SIP's development and implementation, including, but not limited to, the implementation in Priority Schools of one or more turnaround principles or any intervention authorized through this chapter.

(c) To gather necessary information to determine implementation of a SIP or whether a Priority or Focus School has made adequate progress, Department staff may conduct at least the following:

Enter Priority or Focus Schools;
Enter school district administrative offices;

Interview school or school district staff;

Conduct classroom walkthroughs, upon advance notice to the school principal;
Conduct surveys of school and/or school district staff, students and families;
Request data from the school and/or the school district;
Request access to reports and other documents deemed relevant to the Priority or Focus School's performance; or
Require and/or provide professional development to school or school district staff.

History

Administrative Change, 48 N.J.R. 1802(a).

Subchapter 3 SUPPORTS AND INTERVENTIONS

N.J. Admin. Code § 6A:33-3.1 Annual school plan

(a) Each year, a Comprehensive or Targeted School shall form an annual school plan team whose membership shall include, but not be limited to:

Parents and families;
Community members;
Teachers and other school staff; and
Students, when appropriate.

(b) The annual school plan team shall first conduct a comprehensive needs assessment to identify high-priority areas to address in the annual school plan. The comprehensive needs assessment shall include:

An in-depth analysis of quantitative academic achievement and climate and culture data; and
A qualitative review of school-level practices based on a Department-provided rubric and supported by data determined to be relevant by the school district.

(c) The annual school plan shall include the results of the comprehensive needs assessment and subsequent root cause analysis. The annual school plan shall also include measurable goals.

(d) School districts with one or more Comprehensive School(s) or three or more Targeted Schools shall submit to the assigned field support team for approval, the proposed annual school plan for all schools identified as in need of support and improvement. The submission shall include written documentation demonstrating that the school district's superintendent and either the school business administrator or the Federal programs administrator have approved the annual school plan and affirmed that the plan is aligned with the school district's strategic plan.

(e) School districts that have no Comprehensive Schools and have less than three Targeted Schools shall review the annual school plan for the Targeted School(s). The plan shall include written documentation demonstrating that the school district's superintendent and either the school business administrator or the Federal programs administrator have approved the annual school plan and affirmed that the plan is aligned with the school district's strategic plan.

History

Amended by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-3.2 Differentiated supports

(a) The Department's field support teams will provide school districts with Comprehensive Schools or three or more Targeted Schools with differentiated support in the following areas:

Developing the annual school plan(s), including the comprehensive needs assessment and goal-setting;
Facilitating professional growth opportunities related to the annual school plan;
Collaborating with school and school district leaders to analyze data and ensure that formative assessments are administered and aligned to curricula approved by the district board of education;
Collaborating with school and school district leaders to identify and implement evidence based instructional practices;

Coaching school and school district leaders to build capacity to coach others and to foster autonomy and professional growth in content knowledge and pedagogy; and

Facilitating progress monitoring of the annual school plan(s) in accordance with N.J.A.C. 6A:33-3.3 to promote growth mind set and continuous improvement.

(b) The Department will offer the following differentiated support options to school districts that have no Comprehensive Schools and have less than three Targeted Schools:

Guidelines for developing the annual school plan, including the comprehensive needs assessment;
Department-sponsored programs, targeted technical assistance, or other opportunities related to the needs of specific student subgroups; or
Guidance on the use of Federal funds to purchase coaching, other professional development, and/or materials related to evidence-based practices designed to improve performance for specific student subgroups or to address specific indicators.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-3.3 Progress monitoring

(a) The annual school plan team shall monitor its progress in implementing the annual school plan at the end of each instructional cycle or at least four times during the academic school year.

(b) As part of the progress monitoring, the annual school plan team shall review:

Progress toward measurable goals included in the annual school plan;

Student achievement data; and
Climate and culture data, at the aggregate and student subgroup levels, including, but not limited to, in-school suspensions, out-of-school suspensions, chronic absenteeism, student attendance, faculty attendance, and incidents of violence, including harassment, intimidation, or bullying.

(c) The annual school plan team shall share the data at (b) above with the assigned field support team throughout the school year.

(d) School districts that have no Comprehensive Schools and have less than three Targeted Schools shall ensure that the annual school plan team monitors its progress in implementing the annual school plan at the end of each instructional cycle or at least four times during the school year.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-3.4 Field support team interventions

(a) To gather necessary information and facilitate implementation of an annual school plan and/or provide ongoing feedback on whether a Comprehensive or Targeted School is making progress under the annual school plan, the Department may take any or all of the following actions:

Attend regularly scheduled school and/or school district administrative meetings pertaining to the annual school plan and/or implementation;

Survey and interview school and school district staff, students, and families;

Develop a schedule and protocol for, and conduct classroom walkthroughs in conjunction with, the school principal and school district leadership;
Collect data, reports, and other documents deemed relevant to the Comprehensive or Targeted School's performance;
Collaborate with the school and school district in developing and/or providing professional development opportunities; and

Collaborate with the school and school district in the development of a communications plan to provide progress monitoring information to stakeholders.

History

Amended by 53 N.J.R. 1915(a), effective 11/15/2021

Subchapter 4 EXIT CRITERIA

N.J. Admin. Code § 6A:33-4.1 Exit criteria for Comprehensive Schools

(a) A Comprehensive School has the opportunity to be reviewed based on the exit criteria every three years and when the Department identifies a new cohort of schools.

(b) A Comprehensive School shall be eligible to no longer be identified as such if the school meets the following exit criteria:

Has a summative score above the fifth percentile for Title I schools;
Demonstrates schoolwide improvement on an accountability indicator as compared to schoolwide performance at the time of the most recent identification as a Comprehensive School. In addition to the applicable accountability indicators, the Department will also consider the following to be indicative of notable schoolwide improvement:

i. Increases in the percentages of students with scores on Statewide assessments that approached, met, or exceeded expectations;

ii. Academic progress scores that met or exceeded the annual target;

iii. Schoolwide proficiency rates that met annual targets; and

iv. Schoolwide rates of chronic absenteeism that met the average for the respective grade configuration.

If a high school, has a four-year graduation rate above 67 percent; and
Successful implementation of its annual school plans during the period of identification, as confirmed by the Department. Evidence that allows the Department to confirm successful implementation shall be provided through the Department's online Annual School Planning System and may include, but is not limited to:

i. Consistent, effective implementation of evidence-based interventions;

ii. The timely expenditure of Federal school improvement funds;

iii. A robust formative assessment system to monitor student progress throughout the school year;

iv. Stakeholder engagement in the drafting and monitoring of the annual school plan;

v. Principal evaluations;

vi. Active participation in regularly scheduled collaborative opportunities that facilitate professional learning and develop teacher leaders; and

vii. Job-embedded professional development that supports teachers' mastery of instructional best practices related to annual school plan goals.

(c) If the Department does not confirm that the Comprehensive School successfully implemented its annual school plans pursuant to (b)4 above, the school shall remain in status for one additional year and be eligible to cease to be identified as a Comprehensive School the following year if it meets the conditions set forth at (b) above.

(d) The Commissioner will notify a Comprehensive School by January 31 as to whether it has met the criteria at (b) above and is eligible to cease to be identified as a Comprehensive School effective June 30.

The chief school administrator shall submit a sustainability plan for an eligible Comprehensive School to the Department within 30 business days of the date of notification of eligibility by the Commissioner.

The sustainability plan shall:

i. Identify the strategies and initiatives directly linked to improvements in academic achievement;

ii. Demonstrate in the goals section how the school district will continue to provide support to the school to sustain noted improvements; and

iii. Demonstrate the equitable distribution of resources to support continued school improvement.

The Commissioner may determine that a school will cease to be identified as a Comprehensive School upon approval by the Department of the school's sustainability plan. Department approval of a sustainability plan may require, but is not limited to, plan revisions, school visits, and/or interviews with school district and school leadership.

(e) Comprehensive Schools that do not meet the exit criteria will remain in status as Comprehensive II Schools. The Commissioner shall notify a Comprehensive School of its Comprehensive II status by January 31.

Chief school administrators of Comprehensive II Schools shall provide to the Department, no later than 45 business days after the date of notification of Comprehensive II status, a report describing how the school district will increase equity in resource distribution to the Comprehensive II School relative to previous years.
School districts with Comprehensive II Schools may be eligible for additional funding for new initiatives contingent upon a formal agreement of external program evaluation.
School districts with Comprehensive II Schools shall hire a leadership coach for building principals.
All district board of education members of school districts with Comprehensive II Schools shall undergo additional training to strengthen their knowledge and understanding of their governance and oversight responsibilities.
Comprehensive II Schools shall be subject to the same exit criteria and exit process as Comprehensive Schools. Comprehensive II Schools that do not meet the exit criteria shall remain in Comprehensive II status. The Comprehensive II School status shall be re-examined every three years and when the Department identifies a new cohort of schools.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-4.2 Exit criteria for Targeted Schools with low performing student subgroup(s)

(a) A Targeted School has the opportunity to be reviewed based upon the exit criteria every three years and when the Department identifies a new cohort of schools.

(b) A school identified as a Targeted School pursuant to N.J.A.C. 6A:33-2.3(a)1 shall be eligible to no longer be identified as such if:

The school does not have a student subgroup with a summative score at or below the fifth percentile for Title I schools; and
The school demonstrates, for each student subgroup for which the school was identified as a Targeted School, improvement on an accountability indicator as compared to the subgroup's performance at the time of identification as a Targeted School. In addition to the applicable accountability indicators, the Department will also consider the following to be indicative of notable subgroup improvement:

i. Increase(s) in the percentages of students with scores on Statewide assessments that approached, met, or exceeded expectations;

ii. Subgroup academic progress scores that met or exceeded the annual target;

iii. Subgroup proficiency rates that met annual targets; and

iv. Subgroup rates for chronic absenteeism that met the average for the respective school configuration.

(c) The Commissioner shall notify a school identified as a Targeted School pursuant to N.J.A.C. 6A:33-2.3(a)1 by January 31 as to whether it has met the criteria at (b) above and is eligible to cease to be identified as a Targeted School effective June 30.

(d) If a school identified as a Targeted School pursuant to N.J.A.C. 6A:33-2.3(a)1 has met some, but not all, of the criteria at (b) above, the Department may place the school on a one-year probation. After the one-year probation, the Targeted School shall be eligible to cease to be identified as a Targeted School if all of the criteria at (b) above has been met. If all of the criteria at (b) above are not met after the one-year probation, the school shall remain as a Targeted School.

(e) A Title I school identified as a Targeted School pursuant to N.J.A.C. 6A:33-2.3(a)1 for three or more consecutive years shall be designated as a Comprehensive School.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

N.J. Admin. Code § 6A:33-4.3 Exit criteria for Targeted Schools with consistently underperforming student subgroup(s)

(a) A school identified as a Targeted School pursuant to N.J.A.C. 6A:33-2.3(a)2 has the opportunity to be reviewed based on the exit criteria every year.

(b) A school identified as a Targeted School pursuant to N.J.A.C. 6A:33-2.3(a)2 shall be eligible to no longer be identified as such if the Department does not identify the school as having a consistently underperforming student subgroup(s) using the criteria at N.J.A.C. 6A:33-2.3(a)2.

(c) The Commissioner shall notify a school identified as a Targeted School pursuant to N.J.A.C. 6A:33-2.3(a)2 by January 31 as to whether it has met the criteria listed at (b) above and is eligible to cease to be identified as a Targeted School effective June 30.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

Subchapter 5 APPEAL PROCESS

N.J. Admin. Code § 6A:33-5.1 Presentation of countervailing evidence

(a) A Comprehensive or Targeted School and/or its school district may dispute a Departmental finding or intervention made pursuant to this chapter by initiating a contested case before the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

(b) The Department shall not be required to suspend its activities, including the disputed intervention(s), while evidence is being collected or presented by the school or school district, or while the Department considers and responds to the evidence.

History

Adopted by 53 N.J.R. 1915(a), effective 11/15/2021

Chapter 11 CHARTER SCHOOLS

N.J. Admin. Code Tit. 6A, ch. 11, subch. 7 RESERVED

N.J. Admin. Code Tit. 6A, ch. 11, subch. 8 RESERVED

Chapter 26 EDUCATIONAL FACILITIES

N.J. Admin. Code Tit. 6A, ch. 26, subch. 9 RESERVED

Chapter 12 INTERDISTRICT PUBLIC SCHOOL CHOICE

N.J. Admin. Code Tit. 6A, ch. 12, subch. 10 RESERVED

N.J. Admin. Code Tit. 6A, ch. 10A RESERVED

History

CHAPTER HISTORICAL NOTE:
Chapter 10A, Improving Learning and Literacy in Abbott Districts: Implementing Standards-Driven Instruction, Reforms, Programs and Services Under Abbott v. Burke, was adopted as special new rules by R.2003 d.394, effective September 9, 2003. See: 35 N.J.R. 4759(a). Chapter 10A, Improving Learning and Literacy in Abbott Districts: Implementing Standards-Driven Instruction, Reforms, Programs, and Services Under Abbott v. Burke, expired on June 30, 2004.
Chapter 10A, Improving Learning and Literacy in Abbott School Districts: Implementing Standards-Driven Instruction and Effective and Efficient Practices Under Abbott v. Burke, was adopted as Special New Rules by R.2005 d.2, effective November 30, 2004. See: 37 N.J.R. 104(a). Chapter 10A expired on June 30, 2005.
Chapter 10A, Improving Standards-Driven Instruction and Literacy and Increasing Efficiency in Abbott School Districts, was adopted as special new rules by R.2005 d.358, effective September 22, 2005. See: 37 N.J.R. 4043(a). Chapter 10A, Improving Standards-Driven Instruction and Literacy and Increasing Efficiency in Abbott School Districts, expired on June 30, 2006.
Chapter 10A, Improving Standards-Driven Instruction and Literacy and Increasing Efficiency in Abbott School Districts, was adopted as special new rules by R.2006 d.401, effective October 24, 2006. See: 38 N.J.R. 4886(a). Chapter 10A, Improving Standards-Driven Instruction and Literacy and Increasing Efficiency in Abbott School Districts, expired on June 30, 2007.
Chapter 10A, Improving Standards-Driven Instruction and Literacy and Increasing Efficiency in Abbott School Districts, was adopted as special new rules by R.2007 d.369, effective November 2, 2007. See: 39 N.J.R. 5106(a). Chapter 10A, Improving Standards-Driven Instruction and Literacy and Increasing Efficiency in Abbott School Districts, expired on June 30, 2008.

Chapter 26 EDUCATIONAL FACILITIES

N.J. Admin. Code Tit. 6A, ch. 26, subch. 13 RESERVED

N.J. Admin. Code Tit. 6A, ch. 26, subch. 15 RESERVED

N.J. Admin. Code Tit. 6A, ch. 18 RESERVED

History

CHAPTER HISTORICAL NOTE:
Chapter 18, Private Training Providers, was adopted as R.1998 d.528, effective November 2, 1998. See: 30 N.J.R. 2855(a), 30 N.J.R. 3945(a).
Subchapter 4, Customized Training Providers, and Subchapter 5, Chapter 531 Providers, were adopted as R.2000 d.360, effective September 5, 2000. See: 32 N.J.R. 2009(a), 32 N.J.R. 3338(a).
Chapter 18, Private Training Providers, was readopted as R.2004 d.57, effective January 9, 2004. See: 35 N.J.R. 4403(a), 36 N.J.R. 664(a).
Chapter 18, Private Training Providers, was repealed by R.2007 d.10, effective January 2, 2007. See: 38 N.J.R. 3205(a), 39 N.J.R. 29(a).
Pursuant to Reorganization Plan 001-2004 and P.L. 2004, c. 39, Chapter 18 of Title 6A, Private Training Providers, was restored and recodified as Chapter 41 of Title 12 by administrative change, effective February 27, 2007. See: 39 N.J.R. 935(b).

N.J. Admin. Code Tit. 6A, ch. 23 RESERVED

History

CHAPTER HISTORICAL NOTE:
Subchapter 8, Annual Budget Development, Review and Approval, was adopted as new rules by R.2002 d.253, effective August 5, 2002. See: 34 N.J.R. 1652(a), 34 N.J.R. 2788(a).
Subchapter 9, Financial Operations of Charter Schools, was adopted as R.2004 d.322, effective August 16, 2004. See: 36 N.J.R. 1313(a), 36 N.J.R. 3895(a).
Chapter 23, Finance and Business Services, was readopted as R.2006 d.361, effective September 8, 2006. As a part of R.2006 d.361, Subchapter 4, Tuition for Private Schools for the Disabled, was renamed Tuition for Private Schools for Students with Disabilities, effective October 2, 2006. See: 38 N.J.R. 2333(a), 38 N.J.R. 4178(b).
Chapter 23, Finance and Business Services, was readopted as R.2009 d.395, effective November 25, 2009. As a part of R.2009 d.395, Subchapter 1, Purpose and Scope, was repealed; Subchapter 2, Double Entry Bookkeeping and GAAP Accounting, was recodified as N.J.A.C. 6A:23A-16; Subchapter 3, Tuition Public Schools, was recodified as N.J.A.C. 6A:23A-17; Subchapter 4, Tuition for Private Schools for Students with Disabilities, was recodified as N.J.A.C. 6A:23A-18; Subchapter 5, State Aid, was recodified as N.J.A.C. 6A:23A-19 and renamed Emergency State Aid and Residency Determination; Subchapter 6, Purchase and Loan of Textbooks, was recodified as N.J.A.C. 6A:23A-20; Subchapter 7, Management of Public School Contracts, was recodified as N.J.A.C. 6A:23A-21; Subchapter 8, Annual Budget Development, Review and Approval, was repealed; Subchapter 9, Financial Operations of Charter Schools, was recodified as N.J.A.C. 6A:23A-22; and rules N.J.A.C. 6A:23-2.3, 2.11, 2.13, 2.14, 2.15, 5.4, 5.5, 9.1, 9.4 and 9.5 were repealed, effective December 21, 2009. See: 41 N.J.R. 2850(a), 41 N.J.R. 4706(a).

N.J. Admin. Code Tit. 6A, ch. 23B RESERVED

History

CHAPTER HISTORICAL NOTE:
Chapter 23B, Travel and Related Expense Reimbursement, was adopted as special new rules by R.2005 d.387, effective October 17, 2005. See: 37 N.J.R. 4319(a).
Chapter 23B, Travel and Related Expense Reimbursement, expired on June 30, 2006.

N.J. Admin. Code Tit. 6A, ch. 24 RESERVED

History

CHAPTER HISTORICAL NOTE:
Chapter 24, Urban Education Reform in the Abbott Districts, was originally codified in Title 6 as Chapter 19A, Implementation of Court Decision in Abbott v. Burke. Chapter 19A was adopted as R.1997 d.377, effective July 23, 1997. See: 29 N.J.R. 3721(b). Chapter 19A expired on June 30, 1998.
Chapter 19A, Implementation of Court Decision in Abbott v. Burke, was adopted as new rules by R.1998 d.418, effective July 20, 1998. See 30 N.J.R. 3019(a). Chapter 19A expired on June 30, 1999.
Chapter 19A, Urban Education Reform in the Abbott Districts, was adopted as new rules by R.1999 d.344, effective September 10, 1999, to expire June 30, 2000. See: 31 N.J.R. 2029(a), 31 N.J.R. 2924(a).
Pursuant to Executive Order No. 66(1978), Chapter 19A, Urban Education Reform in the Abbott Districts, was readopted as R.2000 d.278, effective June 8, 2000. Chapter 19A was recodified as N.J.A.C. 6A:24 by R.2000 d.278, effective July 3, 2000. See: 32 N.J.R. 1329(a), 32 N.J.R. 2470(a).
Chapter 24, Urban Education Reform in the Abbott Districts, expired on June 8, 2005.

N.J. Admin. Code Tit. 6A, ch. 29 RESERVED

Chapter 12 INTERDISTRICT PUBLIC SCHOOL CHOICE

Subchapter 3 CHOICE STUDENT ADMISSIONS

N.J. Admin. Code § 6A:12-3.3 Choice district procedures for students not meeting eligibility requirements

Whether the choice district will consider public school students who do not meet the requirements at N.J.A.C. 5A:12-2.2(a) and nonpublic school students for admission to the choice district. If the choice district has not yet decided, it shall inform the parents of when the decision is expected to be made;
Public school students who do not meet the requirements at N.J.A.C. 6A:12-2.2(a) and nonpublic school students shall not be considered for admission until the choice district has conducted the application cycle and has exhausted its waiting list of students who meet the requirements at N.J.A.C. 6A:12-2.2(a) for the grade level to which they have applied;
The choice district may need to conduct a lottery to select the students to be offered admission to the choice district depending on the seats available and the number of applications received from public school students who do not meet the requirements at N.J.A.C. 6A: 12-2.2(a) and/or nonpublic school students; and
The choice district shall fully inform the parents of public school students who do not meet the requirements at N.J.A.C. 6A:12-2.2(a) and nonpublic school students of the lottery process in the event the choice district conducts a lottery, the date it will be held, and what number has been assigned to the applicant.

History

Amended and recodified from N.J.A.C. 6A:12-4.4 by 56 N.J.R. 1970(c), effective 10/7/2024

Chapter 14 SPECIAL EDUCATION

N.J. Admin. Code Tit. 6A, ch. 14, app A

Individuals with Disabilities Education Act

Amendments of 2004

20 U.S.C. §§ 1415, 1412, 1414

20 U.S.C. § 1415

(k) Placement in alternative educational setting

(1) Authority of school personnel

(A) Case-by-case determination

School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct.

(B) Authority

School personnel under this subsection may remove a child with a disability who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives are applied to children without disabilities).

If school personnel seek to order a change in placement that would exceed 10 school days and the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability pursuant to subparagraph (E), the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner and for the same duration in which the procedures would be applied to children without disabilities, except as provided in section 1412(a)(1) of this title although it may be provided in an interim alternative educational setting.

(D) Services

A child with a disability who is removed from the child's current placement under subparagraph (G) (irrespective of whether the behavior is determined to be a manifestation of the child's disability) or subparagraph (C) shall--

(i) continue to receive educational services, as provided in section 1412(a)(1) of this title, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP; and

(ii) receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

(E) Manifestation determination

(i) In general

Except as provided in subparagraph (B), within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency, the parent, and relevant members of the IEP Team (as determined by the parent and the local educational agency) shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine--

(I) if the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or

(II) if the conduct in question was the direct result of the local educational agency's failure to implement the IEP.

(ii) Manifestation

If the local educational agency, the parent, and relevant members of the IEP Team determine that either subclause (I) or (II) of clause (i) is applicable for the child, the conduct shall be determined to be a manifestation of the child's disability.

(F) Determination that behavior was a manifestation

If the local educational agency, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child's disability, the IEP Team shall--

(i) conduct a functional behavioral assessment, and implement a behavioral intervention plan for such child, provided that the local educational agency had not conducted such assessment prior to such determination before the behavior that resulted in a change in placement described in subparagraph (C) or (G);

(ii) in the situation where a behavioral intervention plan has been developed, review the behavioral intervention plan if the child already has such a behavioral intervention plan, and modify it, as necessary, to address the behavior; and

(iii) except as provided in subparagraph (G), return the child to the placement from which the child was removed, unless the parent and the local educational agency agree to a change of placement as part of the modification of the behavioral intervention plan.

(G) Special circumstances

School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, in cases where a child--

(i) carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency;

(ii) knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency; or

(iii) has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency.

(H) Notification

Not later than the date on which the decision to take disciplinary action is made, the local educational agency shall notify the parents of that decision, and of all procedural safeguards accorded under this section.

(2) Determination of setting

The interim alternative educational setting in subparagraphs (C) and (G) of paragraph (1) shall be determined by the IEP Team.

(3) Appeal

(A) In general

The parent of a child with a disability who disagrees with any decision regarding placement, or the manifestation determination under this subsection, or a local educational agency that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others, may request a hearing.

(B) Authority of hearing officer

(i) In general

A hearing officer shall hear, and make a determination regarding, an appeal requested under subparagraph (A).

(ii) Change of placement order

In making the determination under clause (i), the hearing officer may order a change in placement of a child with a disability. In such situations, the hearing officer may--

(I) return a child with a disability to the placement from which the child was removed; or

(II) order a change in placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.

(4) Placement during appeals

When an appeal under paragraph (3) has been requested by either the parent or the local educational agency--

(A) the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in paragraph (1)(C), whichever occurs first, unless the parent and the State or local educational agency agree otherwise; and

(B) the State or local educational agency shall arrange for an expedited hearing, which shall occur within 20 school days of the date the hearing is requested and shall result in a determination within 10 school days after the hearing.

(5) Protections for children not yet eligible for special education and related services

(A) In general

A child who has not been determined to be eligible for special education and related services under this subchapter and who has engaged in behavior that violates a code of student conduct, may assert any of the protections provided for in this subchapter if the local educational agency had knowledge (as determined in accordance with this paragraph) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

(B) Basis of knowledge

A local educational agency shall be deemed to have knowledge that a child is a child with a disability if, before the behavior that precipitated the disciplinary action occurred--

(i) the parent of the child has expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;

(ii) the parent of the child has requested an evaluation of the child pursuant to section 1414(a)(1)(B) of this title; or

(iii) the teacher of the child, or other personnel of the local educational agency, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education of such agency or to other supervisory personnel of the agency.

A local educational agency shall not be deemed to have knowledge that the child is a child with a disability if the parent of the child has not allowed an evaluation of the child pursuant to section 1414 of this title or has refused services under this subchapter or the child has been evaluated and it was determined that the child was not a child with a disability under this subchapter.

(D) Conditions that apply if no basis of knowledge

(i) In general

If a local educational agency does not have knowledge that a child is a child with a disability (in accordance with subparagraph (B) or (C)) prior to taking disciplinary measures against the child, the child may be subjected to disciplinary measures applied to children without disabilities who engaged in comparable behaviors consistent with clause (ii).

(ii) Limitations

If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under this subsection, the evaluation shall be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the agency and information provided by the parents, the agency shall provide special education and related services in accordance with this subchapter, except that, pending the results of the evaluation, the child shall remain in the educational placement determined by school authorities.

(6) Referral to and action by law enforcement and judicial authorities

(A) Rule of construction

Nothing in this subchapter shall be construed to prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities or to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.

(B) Transmittal of records

An agency reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.

(7) Definitions

In this subsection:

(A) Controlled substance

The term "controlled substance" means a drug or other substance identified under schedule I, II, III, IV, or V in section 812(c) of Title 21.

(B) Illegal drug

The term "illegal drug" means a controlled substance but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

The term "weapon" has the meaning given the term "dangerous weapon" under section 930(g)(2) of Title 18.

(D) Serious bodily injury

The term "serious bodily injury" has the meaning given the term "serious bodily injury" under paragraph (3) of subsection (h) of section 1365 of Title 18.

20 U.S.C. § 1412

(a) In general

A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions:

(1) Free appropriate public education

(A) In general

A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school.

(B) Limitation

The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children--

(i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and

(ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this subchapter be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility--

(I) were not actually identified as being a child with a disability under section 1401 of this title; or

(II) did not have an individualized education program under this subchapter.

20 U.S.C. § 1414

(a) Evaluations, parental consent, and reevaluations

(1) Initial evaluations

(A) In general

A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evaluation in accordance with this paragraph and subsection (b) of this section, before the initial provision of special education and related services to a child with a disability under this part.

(B) Request for initial evaluation

Consistent with subparagraph (D), either a parent of a child, or a State educational agency, other State agency, or local educational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.

(i) In general

Such initial evaluation shall consist of procedures--

(I) to determine whether a child is a child with a disability (as defined in section 1401 of this title) within 60 days of receiving parental consent for the evaluation, or, if the State establishes a timeframe within which the evaluation must be conducted, within such timeframe; and

(II) to determine the educational needs of such child.

(ii) Exception

The relevant timeframe in clause (i)(I) shall not apply to a local educational agency if--

(I) a child enrolls in a school served by the local educational agency after the relevant timeframe in clause (i)(I) has begun and prior to a determination by the child's previous local educational agency as to whether the child is a child with a disability (as defined in section 1401 of this title), but only if the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent local educational agency agree to a specific time when the evaluation will be completed; or

(II) the parent of a child repeatedly fails or refuses to produce the child for the evaluation.

(D) Parental consent

(i) In general

(I) Consent for initial evaluation

The agency proposing to conduct an initial evaluation to determine if the child qualifies as a child with a disability as defined in section 1401 of this title shall obtain informed consent from the parent of such child before conducting the evaluation. Parental consent for evaluation shall not be construed as consent for placement for receipt of special education and related services.

(II) Consent for services

An agency that is responsible for making a free appropriate public education available to a child with a disability under this subchapter shall seek to obtain informed consent from the parent of such child before providing special education and related services to the child.

(ii) Absence of consent

(I) For initial evaluation

If the parent of such child does not provide consent for an initial evaluation under clause (i)(I), or the parent fails to respond to a request to provide the consent, the local educational agency may pursue the initial evaluation of the child by utilizing the procedures described in section 1415 of this title, except to the extent inconsistent with State law relating to such parental consent.

(II) For services

If the parent of such child refuses to consent to services under clause (i)(II), the local educational agency shall not provide special education and related services to the child by utilizing the procedures described in section 1415 of this title.

(III) Effect on agency obligations

If the parent of such child refuses to consent to the receipt of special education and related services, or the parent fails to respond to a request to provide such consent--

(aa) the local educational agency shall not be considered to be in violation of the requirement to make available a free appropriate public education to the child for the failure to provide such child with the special education and related services for which the local educational agency requests such consent; and

(bb) the local educational agency shall not be required to convene an IEP meeting or develop an IEP under this section for the child for the special education and related services for which the local educational agency requests such consent.

(iii) Consent for wards of the State

(I) In general

If the child is a ward of the State and is not residing with the child's parent, the agency shall make reasonable efforts to obtain the informed consent from the parent (as defined in section 1401 of this title) of the child for an initial evaluation to determine whether the child is a child with a disability.

(II) Exception

The agency shall not be required to obtain informed consent from the parent of a child for an initial evaluation to determine whether the child is a child with a disability if--

(aa) despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child;

(bb) the rights of the parents of the child have been terminated in accordance with State law; or

(cc) the rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.

(E) Rule of construction

The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

(2) Reevaluations

(A) In general

A local educational agency shall ensure that a reevaluation of each child with a disability is conducted in accordance with subsections (b) and (c) of this section--

(i) if the local educational agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or

(ii) if the child's parents or teacher requests a reevaluation.

(B) Limitation

A reevaluation conducted under subparagraph (A) shall occur--

(i) not more frequently than once a year, unless the parent and the local educational agency agree otherwise; and

(ii) at least once every 3 years, unless the parent and the local educational agency agree that a reevaluation is unnecessary.

(b) Evaluation procedures

(1) Notice

The local educational agency shall provide notice to the parents of a child with a disability, in accordance with subsections (b)(3), (b)(4), and (c) of section 1415 of this title, that describes any evaluation procedures such agency proposes to conduct.

(2) Conduct of evaluation

In conducting the evaluation, the local educational agency shall--

(A) use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent, that may assist in determining--

(i) whether the child is a child with a disability; and

(ii) the content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children, to participate in appropriate activities;

(B) not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and

(C) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(3) Additional requirements

Each local educational agency shall ensure that--

(A) assessments and other evaluation materials used to assess a child under this section--

(i) are selected and administered so as not to be discriminatory on a racial or cultural basis;

(ii) are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer;

(iii) are used for purposes for which the assessments or measures are valid and reliable;

(iv) are administered by trained and knowledgeable personnel; and

(v) are administered in accordance with any instructions provided by the producer of such assessments;

(B) the child is assessed in all areas of suspected disability;

(C) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided; and

(D) assessments of children with disabilities who transfer from 1 school district to another school district in the same academic year are coordinated with such children's prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.

(4) Determination of eligibility and educational need

Upon completion of the administration of assessments and other evaluation measures--

(A) the determination of whether the child is a child with a disability as defined in section 1401(3) of this title and the educational needs of the child shall be made by a team of qualified professionals and the parent of the child in accordance with paragraph (5); and

(B) a copy of the evaluation report and the documentation of determination of eligibility shall be given to the parent.

(5) Special rule for eligibility determination

In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is--

(A) lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in section 6368(3) of this title);

(B) lack of instruction in math; or

(6) Specific learning disabilities

(A) In general

Notwithstanding section 1406(b) of this title, when determining whether a child has a specific learning disability as defined in section 1401 of this title, a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning.

(B) Additional authority

In determining whether a child has a specific learning disability, a local educational agency may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures described in paragraphs (2) and (3).

(1) Review of existing evaluation data

As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the IEP Team and other qualified professionals, as appropriate, shall--

(A) review existing evaluation data on the child, including--

(i) evaluations and information provided by the parents of the child;

(ii) current classroom-based, local, or State assessments, and classroom-based observations; and

(iii) observations by teachers and related services providers; and

(B) on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine--

(i) whether the child is a child with a disability as defined in section 1401(3) of this title, and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs;

(ii) the present levels of academic achievement and related developmental needs of the child;

(iii) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and

(iv) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general education curriculum.

(2) Source of data

The local educational agency shall administer such assessments and other evaluation measures as may be needed to produce the data identified by the IEP Team under paragraph (1)(B).

(3) Parental consent

Each local educational agency shall obtain informed parental consent, in accordance with subsection (a)(1)(D) of this section, prior to conducting any reevaluation of a child with a disability, except that such informed parental consent need not be obtained if the local educational agency can demonstrate that it had taken reasonable measures to obtain such consent and the child's parent has failed to respond.

(4) Requirements if additional data are not needed

If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability and to determine the child's educational needs, the local educational agency--

(A) shall notify the child's parents of--

(i) that determination and the reasons for the determination; and

(ii) the right of such parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child's educational needs; and

(B) shall not be required to conduct such an assessment unless requested to by the child's parents.

(5) Evaluations before change in eligibility

(A) In general

Except as provided in subparagraph (B), a local educational agency shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability.

(B) Exception

(i) In general

The evaluation described in subparagraph (A) shall not be required before the termination of a child's eligibility under this subchapter due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education under State law.

(ii) Summary of performance

For a child whose eligibility under this subchapter terminates under circumstances described in clause (i), a local educational agency shall provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

N.J. Admin. Code Tit. 6A, ch. 14, app B

20 U.S.C. § 1401(26)

Except as otherwise provided, in this chapter:

(26) Related services

(A) In general

The term "related services" means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children.

(B) Exception

The term does not include a medical device that is surgically implanted, or the replacement of such device.

N.J. Admin. Code Tit. 6A, ch. 14, app C

20 U.S.C. § 1401(29)

(29) SPECIAL EDUCATION-- The term 'special education' means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including--

(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(B) instruction in physical education.

N.J. Admin. Code Tit. 6A, ch. 14, app D

20 U.S.C. § 1401(34)

(34) Transition services. The term "transition services" means a coordinated set of activities for a child with a disability that--

(A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(B) is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and

(C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

N.J. Admin. Code Tit. 6A, ch. 14, app E

20 U.S.C. § 1412(a)(3)

(3) Child find.

(A) In general. All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State and children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services.

(B) Construction. Nothing in this title [20 U.S.C.S. §§ 1400 et seq.] requires that children be classified by their disability so long as each child who has a disability listed in section 602 [20 U.S.C.S. § 1401] and who, by reason of that disability, needs special education and related services is regarded as a child with a disability under this part [20 U.S.C.S. §§ 1411 et seq.].

N.J. Admin. Code Tit. 6A, ch. 14, app F

20 U.S.C. § 1401(1)

(1) Assistive technology device.

(A) In general. The term "assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.

(B) Exception. The term does not include a medical device that is surgically implanted, or the replacement of such device.

N.J. Admin. Code Tit. 6A, ch. 14, app G

20 U.S.C. § 1401(2)

(2) Assistive technology service. The term "assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes--

(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child's customary environment;

(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;

(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(E) training or technical assistance for such child, or, where appropriate, the family of such child; and

(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.