N.J. Admin. Code § 6A:32-11.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:32-11.2 - Investigation and report by executive county superintendent

(a) The executive county superintendent shall investigate the advisability of the withdrawal of the requesting constituent district from, or the dissolution of, the regional school district upon receipt of the resolution(s) and accompanying data pursuant to N.J.A.C. 6A:32-11.1. Within 60 days after receipt of the request, the executive county superintendent shall issue a report, in accordance with N.J.S.A. 18A:13-52 or 18A:13-67, to governing bodies of the municipalities constituting the regional school district and the board of education of the regional school district. If the executive county superintendent's report addresses the withdrawal of a constituent school district(s) from, or the dissolution of, a limited-purpose regional school district, the report shall also be issued to the district boards of education of the constituent school districts. When the executive county superintendent has begun the investigation, no action shall be taken upon a subsequent request from another constituent school district or municipality of the same regional school district until the investigation, report, and action have been completed. The report shall be based on data including, but not limited to, the following:

1. A general description of the regional school district, including the number of constituent school districts, school buildings, area of the total school district, and area of the withdrawing school district or municipality;

2. Enrollment data, including the number of students enrolled as reported by grade on the Annual Application for State School Aid and estimated projected enrollment, by grade level, for the succeeding five school years for both the withdrawing school district or municipality and the remaining regional school district. The estimated projected enrollments shall be based on growth factors using average percentages for the last three school years and a review of municipal planning documents (master plan elements, zoning maps), including any annual reports or summaries of land-use approvals within the past five years;

3. Enrollment data, by grade level, showing the racial composition of the present regional student population and the resulting racial composition for both the withdrawing school district or municipality and the remaining regional school district if withdrawal were to be approved;

4. The operating expenses of the regional school district for the present school year including the distribution of current operating expenses among the constituent school districts or municipalities;

5. The equalized valuation of each constituent school district or municipality of the regional school district as set forth in N.J.S.A. 18A:7F-45;

6. The average equalized valuations of the real property of each constituent school district or municipality of the regional school district as set forth in N.J.S.A. 18A:24-1 et seq.;

7. The borrowing margin of each constituent school district or municipality of the regional school district as determined by N.J.S.A. 18A:24-1 et seq., and the revised borrowing margin of each constituent school district or municipality and the withdrawing school district or municipality, if approval were to be granted;

8. The apportionment by dollar amounts and percentages of debt service for the current school year among all the constituent school districts or municipalities of the regional school district;

9. The replacement costs of school buildings, additions, grounds, furnishings, and equipment of the regional school district, and the replacement cost of any school building, additions, grounds, furnishings, and equipment of the regional school district situated in the withdrawing school district or municipality. The Department will calculate the school building replacement costs as follows:

i. The current overall cost per square foot for school construction in New Jersey, updated in the fall of each year, will be multiplied by the gross area of the building. The figure shall include construction costs, moveable and built-in furniture and equipment, and fees; and

ii. Site costs will be excluded since they are already included under N.J.A.C. 6A:26-7.1(a).

10. The amount of indebtedness, if any, to be assumed by the withdrawing constituent school district or municipality;

11. The distribution of assets and liabilities of the existing regional school district and remaining regional school district following withdrawal in the manner provided by N.J.S.A. 18A:8-24;

(b) The executive county superintendent report shall include, but not be limited to, the following:

1. A proposed educational plan for the withdrawing constituent school district or municipality, if withdrawal were to be approved, including the effects of such withdrawal upon the educational program of the remaining regional school district and on the provision of adequate public school facilities and services at a reasonable cost;

2. A summary of the advantages and disadvantages of withdrawal to both the withdrawing constituent school district or municipality and the remaining regional school district; and

3. A recommendation from the executive county superintendent regarding the request for withdrawal from the regional school district.

(c) Upon adoption of a resolution in accordance with N.J.S.A. 18A:13-51 or 18A:13-66, the board of education of the regional school district shall not incur any additional indebtedness for capital projects, pending either the rejection of the proposal at a special school election or an effective date of withdrawal as determined by the Commissioner.

N.J. Admin. Code § 6A:32-11.2

Amended by R.2013 d.141, effective 12/16/2013.
See: 45 N.J.R. 419(a), 45 N.J.R. 2590(a).
Section was "Investigation and report by county superintendent of schools". Rewrote the section.

Amended, 54 N.J.R. 1276(a), effective 7/5/2022