A594

An Act concerning the responsibilities of the State Board of Education, revising various parts of the statutory law, and supplementing chapter 6 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 10 of P.L.2007, c.53 (C.18A:6-38.1) is amended to read as follows:

10. a. If the Commissioner of Education believes, based on information provided by the school district in which the certificate holder was employed, that the conduct of a superintendent, assistant superintendent or school business administrator warrants the revocation of the certificate held, the commissioner shall recommend such revocation to the Board of Examiners.

b. The [Commissioner] State Board of Education shall adopt regulations in accordance with section 6 of P.L.2008, c.37 (C.18A:11-13) under which the Board of Examiners may revoke a certificate pursuant to this section.

(cf: P.L.2008, c.37, s.3)

2. Section 58 of P.L.2007, c.63 (C.18A:7-16) is amended to read as follows:

58. [Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) or any other law to the contrary, the commissioner] The State Board of Education may adopt [, immediately upon filing with the Office of Administrative Law] pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as the [commissioner] State board deems necessary to implement the provisions of sections 42 to 58 of P.L.2007, c.63 (C.18A:7-11 et al.) [, which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). The regulations shall thereafter be amended, adopted, or readopted by the commissioner in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.); and the commissioner shall, at a minimum, hold at least one public hearing in each of the north, central, and southern regions of the State within 60 days of the public notice of any regulations proposed by the commissioner to be amended, adopted, or readopted pursuant to that act]. Any rules promulgated by the Commissioner of Education in accordance with the provisions of this section as the same read before the effective date of P.L. , c. (pending before the Legislature as this bill) and in effect on the effective date of that law, shall remain in effect until the State board determines to promulgate rules pursuant to this section.

(cf: P.L.2008, c.37, s.5)

3. Section 6 of P.L.2006, c.15 (C.18A:7A-59) is amended to read as follows:

6. [Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner] The State Board of Education may adopt [, immediately upon filing with the Office of Administrative Law] pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as the [commissioner] State board deems necessary to effectuate the purposes of P.L.2006, c.15 (C.18A:7A-54 et seq.) [which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). The regulations shall thereafter be amended, adopted, or readopted by the commissioner in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.); and the commissioner shall, at a minimum, hold at least one public hearing in each of the north, central, and southern regions of the State within 60 days of the public notice of any regulations proposed by the commissioner to be amended, adopted, or readopted pursuant to that act]. Any rules promulgated by the Commissioner of Education in accordance with the provisions of this section as the same read before the effective date of P.L. , c. (pending before the Legislature as this bill) and in effect on the effective date of that law, shall remain in effect until the State board determines to promulgate rules pursuant to this section.

(cf: PL.2008, c.37, s.1)

4. Section 7 of P.L.2007, c.62 (C.18A:7F-42) is amended to read as follows:

7. a. Within 60 days of the effective date of P.L.2007, c.62 (C.18A:7F-37 et al.), the Commissioner of Education shall promulgate emergency rules and regulations necessary to effectuate the purposes of sections 2 through 6 of P.L.2007, c.62 (C.18A:7F-37 through C.18A:7F-41) for the 2007-08 school year.

b. [For the 2008-09 school year and thereafter, notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner] The State Board of Education may adopt [, immediately upon filing with the Office of Administrative Law] pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as the [commissioner] State board deems necessary to effectuate the purposes of sections 2 through 6 of P.L.2007, c.62 (C.18A:7F-37 through C.18A:7F-41) [which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). The regulations shall thereafter be amended, adopted, or readopted by the commissioner in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.); and the commissioner shall, at a minimum, hold at least one public hearing in each of the north, central, and southern regions of the State within 60 days of the public notice of any regulations proposed by the commissioner to be amended, adopted, or readopted pursuant to that act]. Any rules promulgated by the Commissioner of Education in accordance with the provisions of this section as the same read before the effective date of P.L. , c. (pending before the Legislature as this bill) and in effect on the effective date of that law, shall remain in effect until the State board determines to promulgate rules pursuant to this section.

(cf: P.L.2008, c.37, s.4)

5. Section 6 of P.L.2008, c.37 (C.18A:11-13) is amended to read as follows:

6. [Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner] The State Board of Education may adopt [, immediately upon filing with the Office of Administrative Law] pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as the [commissioner] State board deems necessary to effectuate the purposes of P.L.2007, c.53 (C.18A:55-3 et al.) [which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). The regulations shall thereafter be amended, adopted, or readopted by the commissioner in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.); and the commissioner shall, at a minimum, hold at least one public hearing in each of the north, central, and southern regions of the State within 60 days of the public notice of any regulations proposed by the commissioner to be amended, adopted, or readopted pursuant to that act]. Any rules promulgated by the Commissioner of Education in accordance with the provisions of this section as the same read before the effective date of P.L. , c. (pending before the Legislature as this bill) and in effect on the effective date of that law, shall remain in effect until the State board determines to promulgate rules pursuant to this section.

(cf: P.L.2008, c.37, s.6)

6. Section 9 of P.L.1991, c.393 (C.18A:12-29) is amended to read as follows:

9. a. Any person, including a member of the commission, may file a complaint alleging a violation of the provisions of this act or the Code of Ethics for School Board Members as set forth in section 5 of P.L.2001, c.178 (C.18A:12-24.1), by submitting it, on a form prescribed by the commission, to the commission. No complaint shall be accepted by the commission unless it has been signed under oath by the complainant. If a member of the commission submits the complaint, the member shall not participate in any subsequent proceedings on that complaint in the capacity of a commission member. If a commission member serves on the school board of, or is employed by, the school district which employs or on whose board the school official named in the complaint serves, the commission member shall not participate in any subsequent proceedings on that complaint.

b. Upon receipt of a complaint, the commission shall serve a copy of the complaint on each school official named therein and shall provide each named school official with the opportunity to submit a written statement under oath. The commission shall thereafter decide by majority vote whether probable cause exists to credit the allegations in the complaint. If the commission decides that probable cause does not exist, it shall dismiss the complaint and shall so notify the complainant and any school official named in the complaint. The dismissal shall constitute final agency action. If the commission determines that probable cause exists, it shall refer the matter to the Office of Administrative Law for a hearing to be conducted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and shall so notify the complainant and each school official named in the complaint.

In making a determination regarding an alleged violation of the Code of Ethics for School Board Members, the burden of proof shall be on the accusing party to establish factually a violation of the code. A decision regarding a complaint alleging violations of the code shall be rendered by the commission within 90 days of the receipt of the complaint by the commission.

c. Upon completion of the hearing, the commission, by majority vote, shall determine whether the conduct complained of constitutes a violation of this act, or in the case of a board member, this act or the code of ethics, or whether the complaint should be dismissed. If a violation is found, the commission shall, by majority vote, recommend to the commissioner the reprimand, censure, suspension, or removal of the school official found to have violated this act, or in the case of a board member, this act or the code of ethics. The commission shall state in writing its findings of fact and conclusions of law. The commissioner shall then act on the commission's recommendation regarding the sanction.

d. Any appeal of the commission's determination regarding a violation of this act, or in the case of a board member, this act or the code of ethics, and of the commissioner's decision regarding the sanction shall be to the State Board of Education in accordance with [the provisions of P.L.2008, c.36 (C.18A:6-9.1 et al.)] Title 18A of the New Jersey Statutes.

e. If prior to the hearing the commission determines, by majority vote, that the complaint is frivolous, the commission may impose on the complainant a fine not to exceed $500. The standard for determining whether a complaint is frivolous shall be the same as that provided in subsection b. of section 1 of P.L.1988, c.46 (C.2A:15-59.1).

f. Notwithstanding the provisions of subsections c. and d. of this section, the commission shall be authorized to determine and impose the appropriate sanction including reprimand, censure, suspension or removal of any school official found to have violated this act who is an officer or employee of the New Jersey School Boards Association. Any action of the commission regarding a violation of P.L.1991, c.393 (C.18A:12-21 et seq.) or the sanction to be imposed in the event that the school official involved is an officer or employee of the New Jersey School Boards Association shall be considered final agency action and an appeal of that action shall be directly to the Appellate Division of the Superior Court.

(cf: P.L.2008, c.36, s.5)

7. Section 6 of P.L.2007, c.53 (C.18A:17-20.2a) is amended to read as follows:

6. a. Prior to a board of education entering an agreement for an early termination of an employment contract entered into with its superintendent of schools pursuant to the provisions of N.J.S.18A:17-15, that includes the payment of compensation to the superintendent as a condition of separation from service with the district, the board shall submit the agreement to the Commissioner of Education for approval. The agreement shall be submitted by certified mail, return receipt requested. The commissioner shall evaluate the agreement and have the authority to disapprove the agreement if the payment of compensation as a condition of separation from service is found to be excessive. The determination of the commissioner shall be made within 30 days of receipt of the agreement.

As used in this subsection, "compensation" includes, but is not limited to, salary, allowances, bonuses and stipends, payments for accumulated sick or vacation leave, contributions toward the costs of health, dental, life and other types of insurance, medical reimbursement plans, retirement plans, and any in-kind or other form of remuneration.

b. The [Commissioner] State Board of Education shall adopt regulations in accordance with the provisions of section 6 of P.L.2008, c.37 (C.18A:11-13) to establish the allowable parameters of early termination agreements.

(cf: P.L.2008, c.37, s.2)

8. Section 7 of P.L.2008, c.37 (C.18A:22-8c) is amended to read as follows:

7. [Notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner] The State Board of Education may adopt [, immediately upon filing with the Office of Administrative Law] pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as the [commissioner] State board deems necessary to effectuate the budgeting and fiscal procedures under chapter 22 of Title 18A of the New Jersey Statutes [which shall be effective for a period not to exceed 12 months following the effective date of P.L.2008, c.37 (C.18A:11-13 et al.). The regulations shall thereafter be amended, adopted, or readopted by the commissioner in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.); and the commissioner shall, at a minimum, hold at least one public hearing in each of the north, central, and southern regions of the State within 60 days of the public notice of any regulations proposed by the commissioner to be amended, adopted, or readopted pursuant to that act]. Any rules promulgated by the Commissioner of Education in accordance with the provisions of this section as the same read before the effective date of P.L. , c. (pending before the Legislature as this bill) and in effect on the effective date of that law, shall remain in effect until the State board determines to promulgate rules pursuant to this section.

(cf: P.L.2008, c.37, s.7.

9. (New section) The State board and the commissioner with the approval of the State board and any other board or body having jurisdiction over the prosecution and hearing of controversies and disputes under the school laws or any rules made thereunder shall have power to make rules governing the prosecution and hearing of controversies and disputes, under the school laws and the rules governing the particular prosecution or dispute when exercising original or appellate jurisdiction therein.

10. (New section) Any party aggrieved by any determination of the commissioner may appeal from his determination to the State board.

11. (New section) An appeal to the State board shall be taken in the manner prescribed by rules of the board, within 30 days after the decision appealed from is filed, and the board shall have power to hear and determine any such appeal.

12. (New section) The State board may refer the hearing of any appeal taken to it in the manner pursuant to law, to a committee of not less than three of its members, which committee shall hear the same and report thereon, recommending its conclusions to the board, and the board shall thereupon decide the appeal by resolution in open meeting.

13. The following sections are repealed:

Sections 1 and 4 of P.L.2008, c.36 (C.18A:6-9.1 and C.18A:6-9.2);

Section 2 of P.L.2008, c.36 (C.18A:6-38.4);

Section 3 of P.L.2008, c.36 (C.18A:12-29.1); and

Section 6 of P.L.2008, c.36.

14. This act shall take effect immediately.

STATEMENT

This bill returns to the State Board of Education certain authorities that had been delegated to the Commissioner of Education. Specifically, this bill reinstates the State Board of Education as the ultimate administrative fact-finder and decision-maker in matters arising under the education laws, and provides that an appeal of a commissioner’s decision would be to the State board as opposed to the Appellate Division of the Superior Court. Under the provisions of the bill, the State Board of Education’s determinations would be considered final agency action and thus appealable directly to the Appellate Division of the Superior Court. The bill repeals certain sections of law that deem the Commissioner of Education’s determinations to be final agency actions appealable to the Appellate Division.

The bill also authorizes the State board to adopt rules and regulations to implement certain statutes that deal with public school district fiscal accountability, efficiency, and budgeting procedures. These regulations had formerly been promulgated by the commissioner. The statutes impacted include P.L.2007, c.53 (Assembly Bill No. 5 of 2006), P.L.2007, c.62 (Assembly Bill No. 1 of 2007), P.L.2007, c.63 (Assembly Bill No. 4 of 2006), P.L.2006, c. 15, entitled the “School District Fiscal Accountability Act,” and chapter 22 of Title 18A of the New Jersey Statutes, which sets forth budgeting and fiscal procedures for school districts.