N.J. Admin. Code § 6A:26-10.11

Current through Register Vol. 56, No. 17, September 3, 2024

Section 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, 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:

1. Approval of the lease concept;

2. Approval of the projected maximum funding level;

3. 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

4. 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.

N.J. Admin. Code § 6A:26-10.11

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".