New Jersey-2012-A4194-Introduced

An Act concerning renaissance school projects and amending and supplementing P.L.2011, c.176.

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

1. Section 3 of P.L.2011, c.176 (C.18A:36C-3) is amended to read as follows:

3. As used in this act:

"Commissioner" means the Commissioner of Education.

"Failing district" means: in accordance with data from the Statewide assessment reports issued by the Department of Education (1) in the case of a school district located in a city of the first class, a school district in which at least 40% of the students scored in the partially proficient range in the language arts and mathematics sections of each State assessment administered in the 2009-2010 school year; and (2) in the case of a school district located in a city of the second class, a school district in which at least 45% of the students scored in the partially proficient range in the language arts and mathematics sections of each State assessment administered in the 2009-2010 school year.

"Per pupil expenditure" means the sum of the budget year equalization aid per pupil, budget year adjustment aid per pupil, and the prebudget year general fund tax levy per pupil inflated by the CPI rate most recent to the calculation.

"School facility" means and includes any structure, building, or facility used wholly or in part for educational purposes by the students of a school district.

"Renaissance school district" is a failing district in which renaissance school projects shall be established.

"Renaissance school project" means a newly-constructed school, or group of schools in [a common campus setting] an urban campus area, that provides an educational program for students enrolled in grades [K] pre-K through 12 or in a grade range less than [K] pre-K through 12, that is agreed to by the school district, and is operated and managed by a nonprofit entity in a renaissance school district. A renaissance school project may include a dormitory and related facilities as permitted pursuant to section 5 of P.L.2011, c.176 (C.18A:36C-5).

"Urban campus area" means the area within a two-mile radius of the site of the initial school of a renaissance school project.

(cf: P.L.2011, c.176, s.3)

2. Section 4 of P.L.2011, c.176 (C.18A:36C-4) is amended to read as follows:

4. a. A nonprofit entity, in partnership with the renaissance school district, may submit to the commissioner an application to create a renaissance school project no later than three years following the effective date of this act. A nonprofit entity seeking to create a renaissance school project shall have experience in operating a school in a high-risk, low-income urban district. In addition, an entity retained by the nonprofit entity for the purpose of financing or constructing the renaissance school project shall also have appropriate experience.

b. The application shall be in a form prescribed by the commissioner, but at a minimum it shall contain the following:

(1) except as otherwise provided in this paragraph, a resolution adopted in a public meeting by the board of education of the renaissance school district in which the renaissance school project will be located certifying the support of the board for the application. In the case of a district under full or partial State intervention with an advisory board of education, the application shall contain evidence that that State district superintendent or superintendent, as applicable, convened at least three public meetings to discuss the merits of the renaissance school project. The evidence shall include, at a minimum, any written public comments received during those meetings. In the case of these districts, the application shall contain a resolution from the advisory board of education reflecting the board's approval or disapproval of the renaissance school project. While a successful application does not require approval from the advisory board of education, the commissioner, in considering the application, shall give due consideration to any disapproval from the advisory board;

(2) a copy of the amendment to the renaissance school district's long-range facilities plan which has been submitted to the commissioner pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4) that includes the proposed renaissance school project;

(3) the educational goals of the renaissance school project, the curriculum to be offered, and the methods of assessing whether students are meeting the proffered educational goals;

(4) any testing and academic performance standards to be mandated by the renaissance school project beyond those required by State law and regulation;

(5) the admission policy and criteria for evaluating the admission of students to the renaissance school project, which shall comply with the provisions of section 8 of this act;

(6) the age or grade range of students to be enrolled in the renaissance school project;

(7) the total number of students to be enrolled in each grade level of the renaissance school project;

(8) the renaissance school project calendar and school day schedule;

(9) the financial plan for the renaissance school project and the provisions that will be made for auditing pursuant to N.J.S.18A:23-1;

(10) a description of [, and address for,] the school facility or facilities in which the renaissance school project will be located;

(11) documentation that the proposed renaissance school project meets [the facilities efficiency standards developed by the commissioner pursuant to subsection h. of section 4 of P.L.2000, c.72 (C.18A:7G-4), and] any school facility regulations promulgated by the State Board of Education or the Department of Community Affairs, other than the facilities efficiency standards developed by the Commissioner of Education pursuant to subsection h. of section 4 of P.L.2000, c.72 (C.18A:7G-4);

(12) documentation of [the funds available to construct the renaissance school project] a funding plan to acquire necessary lands and to construct a renaissance school project thereon, including the terms of any financing secured for such purpose;

(13) [if the renaissance school project includes the acquisition of land, the application shall include, at a minimum: (a) a description of the land to be acquired; (b) the costs of acquisition; (c) the timetable for acquisition; and (d) the plan for financing the acquisition;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(14) identification of the attendance area of the renaissance school project, if the renaissance school project will not be built on land owned by the New Jersey Schools Development Authority or the renaissance school district;

(15) a description of the process employed by the renaissance school district to find and partner with the chosen nonprofit entity to create a renaissance school project. The description shall be sufficient to show that the process employed by the renaissance school district was open, fair, and subject to public input and comment. The description shall, at a minimum, include any requests for proposals issued by the renaissance school district, the number of responses received, and the process and criteria employed by the renaissance school district to select the chosen nonprofit entity among the respondents; and

(16) such other information as the commissioner may require.

(cf: P.L.2011, c.176, s.4)

3. Section 5 of P.L.2011, c.176 (C.18A:36C-5) is amended to read as follows:

5. The commissioner may not approve more than four renaissance school projects in any one renaissance school district. The commissioner may approve no more than one renaissance school project with a dormitory and related facilities in any one renaissance school district. Nothing in this act shall prohibit a renaissance school project that provides an educational program for a grade range less than [K] pre-K through 12 from expanding grade levels after the approval by the commissioner of the initial application.

In reviewing and judging applications for renaissance school projects, the factors considered by the commissioner may include, but not be limited to:

a. The likelihood that the renaissance school project will improve academic achievement in the renaissance school district;

b. The strength of the support for the renaissance school project from the school district, board of education, and parents;

c. The facilities plan for the renaissance school project;

d. Diversity of school type, elementary school, middle school, and high school, among the proposed renaissance school projects; and

e. Any other factors deemed significant by the commissioner.

(cf: P.L.2011, c.176, s.5)

4. Section 8 of P.L.2011, c.176 (C.18A:36C-8) is amended to read as follows:

8. a. (1) In the case of a renaissance school project built on land owned by the New Jersey Schools Development Authority or the renaissance school district, students residing in the attendance area established by the renaissance school district for that property shall be automatically enrolled in the renaissance school project, except as otherwise provided in paragraph (2) of this subsection. The parent or guardian of the student may determine not to enroll the student in the renaissance school project, and in that case the student shall be eligible for enrollment in another school in the renaissance school district. If spaces remain available in the renaissance school project, students shall be selected for the remaining spaces through a lottery system. The first lottery shall include students who attend a public school in the renaissance school district but reside outside the attendance area of the renaissance school. If space remains available, a second lottery shall be conducted that may include students who reside outside of the renaissance school district.

(2) A renaissance school project built on land owned by the New Jersey Schools Development Authority or the renaissance school district, shall allow any student who was enrolled in the renaissance school project in the immediately preceding school year to enroll in the renaissance school project in the appropriate grade unless the appropriate grade is not offered; and if a grade is at capacity, a student enrolled in the immediately preceding school year shall have priority for enrollment in that grade over a student who would otherwise be eligible for initial enrollment in the renaissance school project automatically based on the fact that he resides in the attendance area established by the renaissance school project for that property.

b. (1) In the case of a renaissance school project which is not built on land owned by the New Jersey Schools Development Authority or the renaissance school district, preference for enrollment in the renaissance school project shall be given to students who reside in the attendance area identified in the application submitted by the nonprofit entity and approved by the commissioner for the renaissance school project. In no case may an attendance area include an area outside of the renaissance school district. If spaces remain available in the renaissance school project, then the renaissance school project may select students for the remaining spaces through a lottery system. The first lottery shall include students who attend a public school in the renaissance school district but reside outside the attendance area identified in the application approved by the commissioner for the renaissance school project. If space remains available, a second lottery shall be conducted that may include students who reside outside of the renaissance school district.

(2) A renaissance school project which is not built on land owned by the New Jersey Schools Development Authority or the renaissance school district shall allow any student who was enrolled in the renaissance school project in the immediately preceding school year to enroll in the renaissance school project in the appropriate grade unless the appropriate grade is not offered.

In developing and executing its selection process, the nonprofit entity shall not discriminate on the basis of intellectual or athletic ability, measures of achievement or aptitude, status as a handicapped person, proficiency in the English language, or any other basis that would be illegal if used by a school district. A nonprofit entity may, however, limit admission to a particular grade level or levels consistent with its organizational document.

(cf: P.L.2011, c.176, s.8)

5. (New section) A renaissance school project shall comply with the provisions of chapter 46 of Title 18A of the New Jersey Statutes concerning the provision of services to students with disabilities; except that the fiscal responsibility for any student currently enrolled in or determined to require a private day or residential school shall remain with the district of residence.

Within 15 days of the signing of the individualized education plan, a renaissance school project shall provide notice to the resident district of any individualized education plan which results in a private day or residential placement. The resident district may challenge the placement within 30 days in accordance with the procedures established by law.

6. (New section) A renaissance school project shall be a local education agency only for the purpose of applying for federal entitlement and discretionary funds.

7. (New section) a. Notwithstanding the provisions of N.J.S.18A:24-10 or any other section of law to the contrary, the board of education of a Type II renaissance school district without a board of school estimate may issue bonds without the approval of the voters of the district in order to finance the construction of a renaissance school project. In the case of a Type I renaissance school district or a Type II renaissance school district with a board of school estimate, notwithstanding the provisions of N.J.S.18A:24-11, N.J.S.18A:24-12, or any other section of law to the contrary, such bonds may be issued by the municipality without the approval of the board of school estimate or the adoption of a municipal ordinance as applicable. In the case of a school district under full State intervention or partial State intervention in which the governance component of school district effectiveness has not been returned to the district, notwithstanding the provisions of P.L.1991, c.139 (C.18A:7A-46.1 et seq.) or any other section of law to the contrary, such bonds may be issued without the approval of the capital project control board.

The issuance of the bonds shall be approved by the board of education of the renaissance school district, or the State district superintendent in the case of a school district under full State intervention or partial State intervention in which the governance component has not been returned to the district. The approval shall be evidenced by the adoption of a resolution by the board of education in a public meeting upon an affirmative vote of two-thirds of its full membership certifying the support of the board for the issuance of the bonds, or if the school district is under full or partial State intervention and the governance component has not been returned to the district, a certification, affidavit, or other sworn statement signed by the State district superintendent supporting the issuance.

b. Notwithstanding the provisions of any law to the contrary, a county or county improvement authority may issue bonds in order to finance the construction of a renaissance school project.

c. Notwithstanding the provisions of N.J.S.18A:22-20, N.J.S.18A:22-30, or any other section of law to the contrary, the principal of and interest on the bonds issued pursuant to this section shall be repaid with funds of the entity or entities owning or operating the renaissance school project for which the bonds have been issued, except as otherwise provided by subsection d. of this section. To secure the repayment of the principal of and interest on the bonds issued pursuant to this section, the board of education, the State district superintendent, the municipality, the county, or the county improvement authority, as applicable, shall enter into an agreement with the entity or entities owning or operating the renaissance school project, which agreement shall include the total amount of bonded indebtedness to be repaid, the schedule of required debt service payments, and the total amount of each individual debt service payment. The commissioner shall approve any agreement entered into pursuant to this section prior to the issuance of the bonds.

d. Bonds issued by a school district, municipality, or county to finance a renaissance school project pursuant to this section, shall be entitled to the benefits of the "New Jersey School Bond Reserve Act," P.L.1980, c.72 (C.18A:56-17 et seq.).

e. The provisions of P.L.1969, c.130 (C.18A:24-61.1 et seq.) shall be applicable to bonds issued pursuant to this section.

f. In the event the authorization to operate a renaissance school project is terminated or expires for any reason, and no substitute or replacement owner or operator for that renaissance school project has been approved by the State prior to the termination or expiration date, title to the renaissance school project shall revert to the board of education of the renaissance school district for consideration in an amount calculated as follows:

(1) if the principal of and interest due on any outstanding bonds issued pursuant to this section to finance the renaissance school project is equal to or greater than the fair market value of the renaissance school project, as determined by a certified appraiser agreed to by the renaissance school district and the owner of the renaissance school project, the renaissance school district shall assume any outstanding bonds issued pursuant to this section to finance the renaissance school project, and thereafter the renaissance school district shall be legally obligated for the payment thereof; or

(2) if the fair market value of the renaissance school project is greater than the amount of the principal of and interest due on the outstanding bonds issued pursuant to this section to finance the renaissance school project, the renaissance school district shall pay to the owner of the renaissance school project the fair market value of the renaissance school project, provided that, to the extent that any bonds issued pursuant to this section to finance the renaissance school project are then outstanding, the owner of the renaissance school project shall utilize the funds received from the renaissance school district pursuant to this paragraph to retire the outstanding bonds.

8. (New section) Notwithstanding any law, rule, or regulation to the contrary, a renaissance school district is authorized to enter into an agreement with an owner or operator of a renaissance school project for the occupancy, use, or both, of all or a portion of the school facility constituting the renaissance school project which is not immediately necessary for the operation of the renaissance school project.

9. (New section) Notwithstanding any law, rule, or regulation to the contrary, the New Jersey Housing and Mortgage Finance Agency is authorized to provide funding for the construction of a dormitory within a renaissance school project pursuant to P.L.1983, c.530 (C.55:14K-1 et seq.).

10. (New section) Notwithstanding the provisions of R.S.52:14-7 or any other law, rule, or regulation to the contrary, the Commissioner of Education may permit an individual employed by any public school located within a renaissance school district to establish New Jersey residency within five years of the date of his initial employment.

11. (New section) A renaissance school project shall not be subject to the facility efficiency standards developed by the Commissioner of Education pursuant to subsection h. of section 4 of P.L.2000, c. 72 (C.18A:7G-4).

12. This act shall take effect immediately and shall apply to all renaissance school projects regardless of the date upon which they were approved.

STATEMENT

The "Urban Hope Act," P.L.2011, c.176 (C.18A:36C-1 et seq.),

authorized the Camden, Newark, and Trenton School Districts to, on a limited pilot program basis, partner with one or more nonprofit entities to create "renaissance school projects." The renaissance school projects are designed to provide the children in these districts with another option for receiving educational services.

This bill would:

(1) eliminate the requirement that a renaissance school project, which is defined as consisting of a newly-constructed school or group of schools, must be in a common campus setting, instead permitting the schools of a renaissance school project to be in an urban campus area, which is defined as the area within a two-mile radius of the site of the initial school of a renaissance school project;

(2) eliminate the requirement that the application submitted by the nonprofit entity to create a renaissance school project must include an address for the school facility or facilities in which the renaissance school project will be located;

(3) require that the application submitted by the nonprofit entity to create a renaissance school project must include documentation of a funding plan to acquire necessary lands to construct the project, and eliminate the requirement for documentation of the funds available to construct the project and, if the project will include the acquisition of land, a description of the land to be acquired, the costs and timetable for the acquisition, and the plan for financing the acquisition;

(4) include a requirement, similar to that included for charter schools, that the renaissance school project allow any student who was enrolled in the school in the immediately preceding school year to enroll in the school in the appropriate grade the following year. In addition, the bill provides that for certain types of renaissance school projects, in the case of a grade level at capacity, a student who has been enrolled in the renaissance school project will have enrollment priority in that grade over a student who has just moved into the attendance area and who would, therefore, otherwise be eligible for automatic enrollment;

(5) explicitly permit renaissance school projects to provide educational programs at the pre-kindergarten grade level;

(6) provide that, as with charter schools, renaissance school projects be considered local education agencies for the limited purpose of applying for federal entitlement and discretionary funds;

(7) provide that, as with charter schools, the renaissance school project must inform the resident school district of any individualized education plan which results in a private day or residential treatment plan for a student, and the resident district would be permitted a certain period of time to challenge that placement. The resident school district would have the fiscal responsibility for any student enrolled in a private day or residential school;

(8) authorize the board of education of a Type II renaissance school district to issue bonds without voter approval to finance the construction of a renaissance school project. In the case of a Type II renaissance school district with a board of school estimate or a Type I renaissance school district, bonds may be issued without the approval of the board of school estimate or the adoption of a municipal ordinance, as applicable. The bill also authorizes a county or county improvement authority to issue bonds to finance the construction of a renaissance school project. The principal of and interest due on any bonds issued to finance the project would be repaid with the funds of the entity or entities owning or operating the renaissance school project. The board of education, the State district superintendent, the municipality, the county, or the county improvement authority, as applicable, would enter into an agreement with the entity or entities owning or operating the project, which agreement would include the total amount of bonded indebtedness to be repaid and the schedule of required debt service payments. The commissioner would have to approve each such agreement.

Bonds issued by a school district, municipality, or county to finance a renaissance school project will be entitled to the benefits of the "New Jersey School Bond Reserve Act." The school bond reserve is pledged by law to secure payments of principal and interest due on bonds issued for school purposes in the event of the inability of the issuer to make payment;

(9) implement, in the case of a renaissance school project which is not built on land owned by the New Jersey Schools Development Authority (SDA) or the renaissance school district, a lottery process for enrollment in the renaissance school project that is the same as the lottery process for a renaissance school project built on land owned by the SDA or the renaissance school district;

(10) permit one of the renaissance school projects in a renaissance school district to include a dormitory and related facilities;

(11) permit a renaissance school district to enter into an agreement with an owner or operator of a renaissance school project which would allow the district to use or occupy the facilities of a renaissance school project when the facilities are not immediately necessary for the operation of the renaissance school project;

(12) authorize the New Jersey Housing and Mortgage Finance Agency to provide funding for the construction of dormitories within a renaissance school project;

(13) authorize the Commissioner of Education to allow individuals who reside outside of the State to be employed at any public school located within a renaissance school district, which would include a school of a renaissance school project, a school of the local district, and a charter school, provided the individuals establish residency in the State within five years of their initial date of employment;

(14) provide that a renaissance school project is not subject to the facilities efficiency standards; and

(15) provide that the provisions of the bill apply to all renaissance school projects, including those approved prior to the effective date of the bill.