New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 3 - CONTROVERSIES AND DISPUTES
Subchapter 6 - TERMINATION OR ALTERATION OF SENDING-RECEIVING RELATIONSHIP
Section 6A:3-6.1 - Application for termination or change in allocation or apportionment
Current through Register Vol. 56, No. 6, March 18, 2024
(a) An application for change of designation of a high school (termination or severance of relationship) or of allocation or apportionment of students pursuant to 18A:38-13 shall be made by petition of appeal, accompanied by the required feasibility study, and shall proceed in accordance with the provisions of this chapter except as set forth below.
(b) Where an application for change is unanswered within the requisite filing period, or is answered by a filing or filings indicating that each respondent does not oppose the application, the Commissioner shall so notify the petitioning district board of education and each respondent district board of education. At the next public meeting of each district board of education following notice from the Commissioner, each district board of education shall announce that the record before the Commissioner shall remain open for a period of 20 days from the date of the announcement in order that interested persons or entities may submit written comments to the Commissioner. Such announcement shall indicate the manner in which, and the address to which, comments may be submitted to the Commissioner as set forth in N.J.A.C. 6A:3-1.2 and 1.3, and shall further indicate the nature and purpose of such comments as set forth in (c) below.
(c) Comments submitted pursuant to (b) above shall not exceed 10 pages in length, shall be served on all parties to the case, shall include proof of such service when filed with the Commissioner, and shall specifically address the following statutory standard for the Commissioner's review of applications for change in designation, allocation, or apportionment:
(d) Each party to the application for change shall have 20 days to reply to any comments at the close of the designated comment period. Any reply shall be served on all other parties to the application.
(e) If the Commissioner determines, upon review of the record at the close of the period established for submission of comments and replies, that further inquiry, fact-finding or exploration of legal argument is necessary in order to decide the matter consistent with the standard of statute, the Commissioner shall direct such further proceedings as the Commissioner deems necessary.
(f) Where an application is initially contested but subsequently proposed, either prior to transmittal or at the OAL, to be granted as a result of settlement or withdrawal of each respondent's opposition, the process set forth in this subchapter shall apply if the record does not reflect an adversarial perspective sufficient for the Commissioner to assess the application consistent with the standard of statute.