N.J. Admin. Code § 6A:30-6.8

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

Section 6A:30-6.8 - Operations of the district board of education under full State intervention

(a) When a school district enters full State intervention, the current district board of education shall continue in place but shall serve only in an advisory capacity and shall have only the rights, powers, and privileges of an advisory board.

(b) The advisory district board of education shall meet at least once per month at dates and times determined by the State district superintendent.

(c) Any advisory district board of education member seat vacancy(ies) shall be filled in the same manner as the seat(s) was/were filled initially.

(d) If the full intervention plan incorporated into the administrative order for full intervention provides for the Commissioner, with State Board approval, to appoint up to three additional members to the district board of education, the following shall apply:

1. The Commissioner shall appoint at least one of the additional members from a list of three candidates provided by the governing body of the municipality in which the school district is located. If the school district is a regional school district, one of the additional members shall be selected by the Commissioner from a list containing three candidates from each constituent municipality provided by the governing bodies of the respective municipalities. If the school district is a county vocational school district or a county special services school district, the list of three candidates shall be provided by the governing body of the county in which the school district is located;

2. The Commissioner shall make every effort to appoint residents of the school district; and

3. The appointed district board of education members shall meet all the requirements of N.J.S.A. 18A:12-1 et seq. and shall be registered voters in the State, except they shall not be required be residents of the school district or registered to vote in the school district.

(e) The appointed district board of education members shall comply with the School Ethics Act, pursuant to N.J.S.A. 18A:12-21 et seq.

(f) The appointed district board of education members shall be non-voting members of the district board of education and shall have all other rights, obligations, powers, and privileges of district board of education members.

1. Six months following the initial order for full State intervention, the Commissioner shall determine whether the appointed district board members shall become voting members of the district board of education. If the Commissioner-appointed members become voting members of the district board of education, they shall have the same rights and privileges with respect to voting as other district board of education members.

2. If the Commissioner determines the appointed district board of education members shall become voting members, the district board of education may appeal the determination to the Superior Court, Appellate Division.

(g) The appointed district board members shall report to the Commissioner on the district board of education's activities and shall provide assistance to the district board of education on matters deemed appropriate by the Commissioner, including, but not limited to, the applicable laws and rules governing specific district board of education action.

(h) The appointed district board of education members shall be appointed for a term of two years.

1. The Commissioner shall obtain State Board approval for any extension of the two-year term.

2. Any vacancy in the Commissioner-appointed membership shall be filled in the same manner as the original appointment.

(i) The district board of education shall assess on a regular basis the school district's progress and shall report on the progress no less than twice per year to the State district superintendent, the public, and other persons designated in the intervention plan. Copies of the report shall be forwarded to the Commissioner and the State Board.

N.J. Admin. Code § 6A:30-6.8

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