N.J. Admin. Code § 6A:26-19.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 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 18A:7G-13.e. The school district's written request shall include:

1. A resolution or certified minutes of the district board of education authorizing the request;

2. 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

3. 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 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 18A:7A-10 at the time of the application, and other relevant factors as set forth in this subchapter.

1. 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 6A:30-1.1.

2. 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 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 6A:30-3.1, the Commissioner may re-evaluate the school district's continued ability to manage school facilities projects.

N.J. Admin. Code § 6A:26-19.2

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.