ASSEMBLY, No. 5865

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED DECEMBER 11, 2023

 


 

Sponsored by:

Assemblyman  JOHN DIMAIO

District 23 (Hunterdon, Somerset and Warren)

 

 

 

 

SYNOPSIS

     Increases sending district representation on receiving district’s board of education in certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning board of education representation for districts involved in sending-receiving relationships and amending P.L.1995, c.8.

 

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

 

     1.    Section 2 of P.L.1995, c.8 (C.18A:38-8.2) is amended to read as follows:

     2.  A school district which is sending pupils to another school district pursuant to N.J.S.18A:38-8 shall have representation on the board of education of the receiving school district as follows:

     a.     (1)  If the pupils of the sending district comprise less than 10 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending district will be enrolled, the sending district shall have no representation on the receiving district board of education.

     (2)  If the pupils of the sending district comprise at least 10 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending district will be enrolled, the sending district shall have one representative on the receiving district board of education.

     b.    (1) If the total number of pupils of two or more sending districts, which do not qualify for representation under subsection a. of this section, comprise at least 15 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending districts will be enrolled, they shall have collectively two representatives on the receiving district board of education.  The annual designation of the representatives, in the event more than two districts collectively qualify under this subsection, shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

     (2) If the total number of pupils of two or more sending districts, which do not qualify for representation under subsection a. of this section or paragraph (1) of this subsection, comprise at least 10 percent of the total enrollment of the pupils in the grades of a receiving district  that is located in a county of the third class, having a population greater than 100,000 people but less than 120,000 people according to the 2020 federal decennial census, in which the pupils of the sending districts will be enrolled, the sending districts shall have collectively one representative on the receiving district’s board of education. The annual designation of the representative shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

     (3) If the total number of pupils of two or more sending districts, which do not qualify for representation under subsection a. of this section or paragraphs (1) or (2) of this subsection, comprise at least 10 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending districts will be enrolled, the sending districts may have collectively one representative on the receiving district’s board of education, subject to the approval of a majority of the board’s members. The annual designation of the representative shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

     (4) If the receiving district has pupils enrolled from two or more sending districts, which do not qualify for representation under subsection a. of this section or paragraphs (1), (2), or (3) of this subsection, the sending districts shall collectively have one non-voting representative on the receiving district board of education. The annual designation of the representative shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

     c.     Notwithstanding the provisions of subsections a. and b. of this section, the number of representatives designated by the sending districts to be additional members shall not exceed three additional voting members on a receiving board with originally nine or more voting members, two additional voting members on a receiving board with originally seven or eight voting members, and one additional voting member on a receiving board with originally less than seven voting members.  In the event that this restriction results in an unequal representation of sending districts, the annual designation of the representative or representatives shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

     d.    A representative of a sending district board of education shall be designated at the meeting of the board which is closest in time to the annual organizational meeting of the receiving district board of education and shall serve a one-year term beginning with the organizational meeting of the receiving district board.  The representative shall be subject to the rules and procedures of the receiving district board of education.

     e.     The calculation of percentages required under this section shall be based on the number of pupils reported as of the last school day prior to October 16 of each prebudget year.

(cf: P.L.1996, c.138, s.65)

 

     2.    This act shall take effect immediately.

STATEMENT

 

     This bill increases sending district representation on a receiving district’s board of education in certain circumstances.

     Under current law, a sending district is entitled to representation on a receiving district’s board of education when the sending district’s students comprise at least 10 percent of the total enrollment of the students in the grades of the receiving district. If two or more sending districts do not individually meet this percent threshold, but collectively comprise at least 15 percent of the total enrollment of the relevant grades of the receiving district, the sending districts are required to collectively have two representatives on the receiving district’s board of education.

     The bill stipulates that two or more sending districts that do not meet the requirements for representation under current law and collectively comprise at least 10 percent of the total enrollment of the relevant grades of a receiving district that is located in a county of the third class, having a population greater than 100,000 people but less than 120,000 people according to the 2020 federal decennial census, are to have one representative on the receiving district’s board of education.

     Additionally, the bill stipulates that two or more sending districts that do not meet the requirements for representation under current law and collectively comprise at least 10 percent of the total enrollment of the relevant grades of a receiving district may collectively have one representative on the receiving district’s board of education, subject to the approval of a majority of the board’s members.

     Finally, the bill stipulates that if two or more sending districts collectively comprise less than 10 percent of the total enrollment of students in the relevant grades in the receiving district, the sending districts are to collectively have one non-voting representative on the receiving district’s board of education.