Bill Text: NJ S1209 | 2016-2017 | Regular Session | Introduced
Bill Title: The "New Jersey Parental Rights and Property Tax Reduction Act."
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-02-08 - Introduced in the Senate, Referred to Senate Education Committee [S1209 Detail]
Download: New_Jersey-2016-S1209-Introduced.html
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
The "New Jersey Parental Rights and Property Tax Reduction Act."
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the "New Jersey Parental Rights and Property Tax Reduction Program" and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "New Jersey Parental Rights and Property Tax Reduction Act."
2. As used in this act:
"Department" means the Department of Education.
"Eligible student" means a student eligible to attend grades kindergarten through 12.
"Participating school" means a public school outside of a student's resident school district or a nonpublic school that provides education to students in grades kindergarten through 12, or any combination thereof, that has notified the Department of Education of its intention to participate in the program and complies with program requirements.
"Program" means the New Jersey Parental Rights and Property Tax Reduction Program established pursuant to the provisions of section 3 of this act.
"Saving district" means a school district which has reduced costs as a result of the program.
3. a. The Department of Education shall develop and administer a New Jersey Parental Rights and Property Tax Reduction Program. Under the program, a student enrolled in grades kindergarten through 12 shall be eligible to receive a public tuition allowance to enroll in a participating school provided that:
(1) the parent or guardian has applied to a participating school for the admission of the eligible student; and
(2) the participating school has accepted the eligible student for admission. A participating school may accept any student whom it considers best qualified to serve.
b. Upon receipt of a request for the public tuition allowance, the department shall inform the resident school district that the parent or guardian of an eligible student has requested the public tuition allowance. The department shall determine the amount of the public tuition allowance, which shall equal the lesser of the participating school's annual tuition or the equivalent of the per child State educational allocation for K through 12 education, which shall be determined by dividing the State's total funding allocation by the number of K through 12 students in the State pursuant to P.L.2007, c.260 (C.18A:7F-43 et al.). The public tuition allowance is the entitlement of the student under the supervision of the student's parent or guardian to apply to the tuition of the selected participating school.
c. The department shall pay the amount of the public tuition allowance established pursuant to subsection b. of this section directly to the participating school for each eligible student who receives a public tuition allowance pursuant to the provisions of this act on October 16 of the budget year.
d. The board of education of each school district shall determine the amount of savings generated for the resident district resulting from the program. Any savings generated from the program, or from additional State funds received over the previous year's per-child allocations, shall be divided into two equal portions, with one-half to be applied to reduce property taxes in the saving district, and the other half to be returned to the department to be applied to an increase in public tuition allowances for all K through 12 students for the following school year.
e. A student shall remain eligible for a public tuition allowance until he graduates from high school, or reaches the age of 21, whichever occurs first.
f. The parent or guardian of an eligible student may remove the student from the participating school and place the student in the resident school district at any time, or may transfer the student to another participating school at any time provided that the receiving school admits the student. In the event that a parent or guardian transfers the student to another participating school, the public tuition allowance amount shall be prorated between the participating schools according to the period of attendance at each school.
4. a. A resident school district shall annually notify the parents or guardians of students enrolled in the district of the program. In the event that a participating school admits an eligible student, the resident school district shall provide the participating school with a copy of the student's records in accordance with section 1 of P.L.1986, c.160 (C.18A:36-19a).
b. The resident school district shall provide transportation for an eligible student to and from the participating school in accordance with the provisions of N.J.S.18A:39-1.
5. a. To be eligible to participate in the program, a nonpublic school shall be located in the State, and the chief school administrator of the nonpublic school shall demonstrate to the department that the nonpublic school:
(1) complies with all applicable health and safety codes, and all other requirements for the operation of a nonpublic school;
(2) does not discriminate in admissions on the basis of race, color, national origin, or religion; and
(3) requires criminal background checks on school employees who have direct contact with students in accordance with the provisions of section 1 of P.L.1986, c.116 (C.18A:6-7.1).
b. To be eligible to participate in the program, the nonpublic school shall also demonstrate its financial accountability as follows:
(1) the nonpublic school shall provide the department with a financial information report completed by a certified public accountant that complies with the standards adopted by the State Board of Education pursuant to section 8 of this act. The scope of the report shall be limited to those records that the department determines to be necessary to make public tuition allowance payments to the school; and
(2) the certified public accountant certifies that the report is free of material misstatements.
c. In the event that the nonpublic school receives $50,000 or more in public tuition allowance funds during the school year, the nonpublic school shall demonstrate its financial viability by:
(1) filing with the department, prior to the beginning of the school year, a surety bond payable to the State in an amount equal to the aggregate amount of public tuition allowance funds expected to be paid during the school year to the parents or guardians of eligible students enrolled in the participating nonpublic school under the program; or
(2) filing with the department, prior to the beginning of the school year, financial information that demonstrates the school has the ability to pay an aggregate amount equal to the amount of the public tuition allowance funds expected to be paid during the school year to the parents or guardians of eligible students enrolled in the participating nonpublic school under the program.
d. Except as otherwise provided pursuant to the provisions of this act, the department may not regulate the educational programs of a participating nonpublic school. The establishment of the program and the participation of nonpublic schools in the program shall not be construed to impose additional regulatory requirements on nonpublic schools beyond those reasonably necessary to enforce the provisions of this act. A participating nonpublic school shall be provided with maximum flexibility in providing for the educational needs of participating students provided that the students are taught and instructed to abide by any State or federal laws.
6. In order to ensure academic accountability, a participating school shall report on a regular basis to the parent or guardian of an eligible student on the student's academic progress.
7. The department may bar a school from participating in the program if the department determines that the school has failed to meet the eligibility requirements, or has not met its educational responsibilities to eligible students or their parents or guardians. In the event that the department determines that a school is no longer permitted to participate in the program, it shall immediately notify the parents or guardians of the eligible students enrolled in the school.
8. The State Board of Education shall adopt in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of the provisions of this act including, but not limited to:
a. the eligibility and participation of nonpublic schools, including timelines that maximize the participation of students and public and nonpublic schools;
b. the calculation and distribution of public tuition allowances to eligible students; and
c. the application and approval procedures for participating schools and for public tuition allowances for eligible students.
The State board 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 State board to be adopted pursuant to this act in order to receive input from members of the educational community and from parents and guardians of eligible students.
9. This act shall take effect immediately and shall first apply to the 2016-2017 school year.
STATEMENT
This bill directs the Department of Education to establish the New Jersey Parental Rights and Property Tax Reduction Program. Under the program, a student enrolled in grades kindergarten through 12 is eligible to receive a public tuition allowance to enroll in a participating school provided that: (1) the parent or guardian has applied to a participating school for the admission of the eligible student; and (2) the participating school has accepted the eligible student for admission. A participating school may accept any student whom it considers best qualified to serve.
The department will determine the amount of the public tuition allowance, which will equal the lesser of the participating school's annual tuition or the equivalent of the per child State educational allocation for K through 12 education, determined by dividing the State's total funding allocation by the number of K through 12 students in the State. The public tuition allowance is the entitlement of the student under the supervision of the student's parent or guardian to apply to the tuition of the selected participating school.
Under the bill, the department will pay the amount of the public tuition allowance directly to the participating school for each eligible student who receives such an allowance. The board of education of each school district will determine the amount of savings generated for the resident district resulting from the program. Any savings generated from the program, or from additional State funds received over the previous year's per-child allocations, will be divided into two equal portions, with one-half to be applied to reduce property taxes in the school district, and the other half to be returned to the department to be applied to an increase in public tuition allowances for all K through 12 students for the following school year.
