N.J. Admin. Code § 6A:30-6.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:30-6.3 - Procedure for initiating partial State intervention

(a) When a school district qualifies for partial State intervention 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 components 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.

N.J. Admin. Code § 6A:30-6.3

Amended by 49 N.J.R. 3681(a), effective 12/4/2017