N.J. Admin. Code § 19:32-2.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 19:32-2.2 - Eligibility

(a) All of the following conditions shall apply regarding eligibility for a grant:

1. The district shall obtain approval of the district's long-range facilities plan pursuant to N.J.A.C. 6A:26-2.3.

2. The district shall obtain approval of the school facilities project from the Department pursuant to N.J.S.A. 18A:7G-5 and N.J.A.C. 6A:26-3.3.

3. There is a determination of the final eligible costs and the State share of the school facilities project by the Department pursuant to N.J.S.A. 18A:7G-5.h and N.J.A.C. 6A:26-3.6.

4. The district shall obtain approval of educational specifications and schematic plans from the Department pursuant to N.J.A.C. 6A:26-5.2 and 5.3, if applicable. If land was acquired as part of the school facilities project, the district shall obtain approval of the land acquisition from the Department pursuant to N.J.A.C. 6A:26-7.1. If an existing facility was acquired, the district shall obtain the approvals of the school site and the facility from the Department pursuant to N.J.A.C. 6A:26-7.3.

5. Any appeals by the district regarding any of the above approvals required to be obtained by the district from the Department for the school facilities project shall have been taken and completed at the highest level of appeal so that a final nonappealable order shall have been issued establishing approval for the school facilities project and determination of final eligible costs and State share.

6. The district shall obtain approval for the local share in accordance with the provisions for the approval of capital projects pursuant to N.J.S.A. 18A:22-1 et seq., and N.J.S.A. 18A:24-1 and P.L. 1991, c. 139 (N.J.S.A. 18A:7A-46.1 et seq.), as applicable to the district pursuant to N.J.S.A. 18A:7G-11 and N.J.A.C. 6A:26-3.7.

i. If the local share is funded through the issuance of school bonds, the district shall submit a referendum to the voters pursuant to N.J.S.A. 18A:22-39 and N.J.A.C. 6A:26-3.7 and the voters shall have approved the referendum in the amount of the local share.

ii. If the local share is to be funded through the capital reserve account, the district shall comply with the requirements of N.J.A.C. 6A:26-3.7 and 6A:23-2.1 3 governing the use of the capital reserve account for the local share.

iii. If the local share is to be funded through sources other than bonds or capital reserve, such as a lease purchase agreement of not in excess of five years duration, the district shall obtain approval of local share in accordance with N.J.A.C. 6A:26-3.7 and any statutory and regulatory authorities specifically governing that source of local share, such as N.J.S.A. 18A:20-4.2(f) and N.J.A.C. 6A:26-10.

7. The district shall delegate to the school business administrator or other authorized officer supervision of the school facilities project.

N.J. Admin. Code § 19:32-2.2

Amended by 47 N.J.R. 2001(a), effective 8/3/2015

Amended by 55 N.J.R. 756(a), effective 4/17/2023