S2404

An Act concerning the State monitoring of school districts, supplementing chapter 7A of Title 18A of the New Jersey Statutes, and amending P.L.1987, c.400.

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

1. (New section) a. Except as otherwise provided in subsection d. of this section, no later than five years after the State Board of Education issues an order placing a school district under partial or full State intervention, the State shall completely withdraw from intervention in the school district and the school district shall be returned to local control.

b. Upon return to local control:

(1) The term of any additional school board members appointed by the commissioner shall expire;

(2) If a Capital Projects Control Board has been established in the district, it shall cease to exist;

(3) All rights, power, and duties shall be returned to the board of education;

(4) The board of education shall be permitted to extend the contract of a superintendent of schools or State district superintendent appointed by the State Board of Education who holds the position at the time the district is returned to local control, provide 18-months’ notice to the superintendent to modify the contract, or allow the contract in effect to expire with the appropriate statutory notice pursuant to subsection b. of section 4 of P.L.1991, c.267 (C.18A:17-20.1); and

(5) The employment of any highly skilled professional appointed by the commissioner to provide technical assistance or to provide direct oversight shall expire.

c. For a five-year period following return to local control pursuant to the provisions of subsection a. of this section, a school district may not be placed under partial or full State intervention.

d. The commissioner may seek approval from the Superior Court to extend the five-year period under which a school district may remain under partial or full State intervention by demonstrating to the court by clear and convincing evidence that the district has failed to make sustained and substantial progress in one or more of the five key components of school district effectiveness and that with the extension of State intervention for an additional one-year period the district is likely to successfully meet the quality performance indicators for the five key components of school district effectiveness.

2. (New section) a. Notwithstanding the provisions of section 1 of this act or any other section of law to the contrary, in the case of a school district under full State intervention or partial State intervention on the effective date of this act, the State shall completely withdraw from intervention in the school district and the school district shall be returned to local control no later than one month following the effective date of this act.

b. Upon return to local control:

(1) The term of any additional school board members appointed by the commissioner shall expire;

(2) If a Capital Projects Control Board has been established in the district, it shall cease to exist;

(3) All rights, power, and duties shall be returned to the board of education;

(5) The employment of any highly skilled professional appointed by the commissioner to provide technical assistance or to provide direct oversight shall expire.

c. For a five-year period following return to local control pursuant to the provisions of subsection a. of this section, a school district may not be placed under partial or full State intervention.

3. (New section) Notwithstanding any law, rule, or regulation to the contrary, if a school district under partial or full State intervention satisfies 80 percent or more of the quality performance indicators in any of the areas of school district effectiveness under State intervention, the State shall immediately withdraw from intervention in those areas. The Commissioner of Education and State Board of Education may not use any other factor in determining to withdraw from intervention in an area of school district effectiveness.

4. Section 4 of P.L.1987, c.400 (C.18A:7A-31.3) is amended to read as follows:

4. a. Within six months following the establishment of a school district under full State intervention, the commissioner shall present to the Joint Committee on the Public Schools the improvement plan developed by the district.

b. On [an annual] a semiannual basis the commissioner shall provide a report to the committee on the progress made by a district under full or partial State intervention in the implementation of the improvement plan and the [prospects for the State's withdrawal from intervention] progress made by the district in satisfying 80 percent or more of the quality performance indicators in any area of school district effectiveness under State intervention.

c. The Joint Committee on the Public Schools, in cooperation with the commissioner, may develop a plan for monitoring the administration of a school district under full State intervention and the implementation of the improvement plan. The plan developed by the committee shall include provisions for independent documentation and assessment.

(cf: P.L.2005, c.235, s.8)

5. This act shall take effect immediately.

STATEMENT

This bill provides that under the school district monitoring system, New Jersey Quality Single Accountability Continuum (NJQSAC), a school district will not be placed under full or partial State intervention for longer than a five-year period. Upon the district’s return to local control:

(1) The terms of any additional school board members appointed by the commissioner will expire;

(2) If a Capital Projects Control Board was established in the district, that board will expire;

(3) All rights, power, and duties will be returned to the board of education;

(4) The board of education will be permitted to extend the contract of the superintendent of schools or State district superintendent who holds the position at the time the district is returned to local control, provide 18-months’ notice to the superintendent to modify the contract, or allow the contract in effect to expire with the appropriate statutory notice; and

(5) The employment of any highly skilled professional appointed to work in the district will expire.

The bill provides a process whereby the five-year limit may be extended for an additional year. Under this process the commissioner must seek approval from the Superior Court and must demonstrate to the court by clear and convincing evidence that the district has failed to make sustained and substantial progress in one or more of the five key components of school district effectiveness and that with the extension of State intervention for an additional one-year period the district is likely to successfully meet the quality performance indicators for the five key components of school district effectiveness.

The bill also provides that once local control is returned to the district, the school district may not be placed under partial or full State intervention for five years following that return to local control.

In the case of school districts which are under full State intervention or partial State intervention on the effective date of this bill, the bill requires the State to completely withdraw from intervention in the school district and return the district to local control no later than one month following the bill’s effective date.

The bill explicitly states that if a school district under partial or full State intervention satisfies 80 percent or more of the quality performance indicators in any of the areas of school district effectiveness under State intervention, the State is required to immediately withdraw from intervention. The Commissioner of Education and the State board may not use any other factor in determining to withdraw from intervention.

Finally, the bill provides for a semiannual report by the commissioner to the Joint Committee on the Public Schools on the progress made by a district under partial or full State intervention in satisfying 80 percent or more of the quality performance indicators in any area of school district effectiveness under State intervention. Current State law requires the commissioner to report annually to the joint committee on the prospects of State withdrawal from intervention.