Bill Text: NJ A3458 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides that a school district may be placed under full or partial State intervention pursuant to the New Jersey Quality Single Accountability Continuum (NJQSAC) for no longer than five years.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2012-11-19 - Introduced, Referred to Assembly Education Committee [A3458 Detail]
Download: New_Jersey-2012-A3458-Introduced.html
Sponsored by:
Assemblywoman CONNIE WAGNER
District 38 (Bergen and Passaic)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman CHARLES MAINOR
District 31 (Hudson)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Co-Sponsored by:
Assemblyman Diegnan, Assemblywomen Jasey, Watson Coleman, Vainieri Huttle and Assemblyman Eustace
SYNOPSIS
Provides that a school district may be placed under full or partial State intervention pursuant to the New Jersey Quality Single Accountability Continuum (NJQSAC) for no longer than five years.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the State monitoring of school districts and supplementing chapter 7A of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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. 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;
(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.
3. 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 effective date of this bill.
