N.J. Admin. Code § 6A:23A-9.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 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:

1. Restructuring of curriculum or programs consistent with the efficiency standards and the NJSLS;

2. 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;

3. Conducting a comprehensive budget evaluation;

4. Redirecting expenditures consistent with the NJSLS and the efficiency standards;

5. Enforcing spending at the full adequacy budget consistent with the NJSLS and the efficiency standards;

6. 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

7. 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.

(c) The Commissioner will report any action taken pursuant to N.J.S.A. 18A:7F-6.b to the State Board within 30 days.

(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.

N.J. Admin. Code § 6A:23A-9.5

Administrative Change, 48 N.J.R. 1802(a).

Amended by 49 N.J.R. 1038(a), effective 5/1/2017

Amended by 56 N.J.R. 2141(a), effective 11/4/2024