Current through Register Vol. 56, No. 18, September 16, 2024
(a)
The executive county superintendent shall investigate the advisability of the
withdrawal of the requesting constituent district from, or the dissolution of,
the regional school district upon receipt of the resolution(s) and accompanying
data pursuant to
N.J.A.C.
6A:32-11.1. Within 60 days after receipt of
the request, the executive county superintendent shall issue a report, in
accordance with
N.J.S.A.
18A:13-52 or
18A:13-67,
to governing bodies of the municipalities constituting the regional school
district and the board of education of the regional school district. If the
executive county superintendent's report addresses the withdrawal of a
constituent school district(s) from, or the dissolution of, a limited-purpose
regional school district, the report shall also be issued to the district
boards of education of the constituent school districts. When the executive
county superintendent has begun the investigation, no action shall be taken
upon a subsequent request from another constituent school district or
municipality of the same regional school district until the investigation,
report, and action have been completed. The report shall be based on data
including, but not limited to, the following:
1. A general description of the regional
school district, including the number of constituent school districts, school
buildings, area of the total school district, and area of the withdrawing
school district or municipality;
2.
Enrollment data, including the number of students enrolled as reported by grade
on the Annual Application for State School Aid and estimated projected
enrollment, by grade level, for the succeeding five school years for both the
withdrawing school district or municipality and the remaining regional school
district. The estimated projected enrollments shall be based on growth factors
using average percentages for the last three school years and a review of
municipal planning documents (master plan elements, zoning maps), including any
annual reports or summaries of land-use approvals within the past five
years;
3. Enrollment data, by grade
level, showing the racial composition of the present regional student
population and the resulting racial composition for both the withdrawing school
district or municipality and the remaining regional school district if
withdrawal were to be approved;
4.
The operating expenses of the regional school district for the present school
year including the distribution of current operating expenses among the
constituent school districts or municipalities;
5. The equalized valuation of each
constituent school district or municipality of the regional school district as
set forth in
N.J.S.A.
18A:7F-45;
6. The average equalized valuations of the
real property of each constituent school district or municipality of the
regional school district as set forth in
N.J.S.A. 18A:24-1 et
seq.;
7. The borrowing margin of
each constituent school district or municipality of the regional school
district as determined by
N.J.S.A. 18A:24-1 et
seq., and the revised borrowing margin of each constituent school district or
municipality and the withdrawing school district or municipality, if approval
were to be granted;
8. The
apportionment by dollar amounts and percentages of debt service for the current
school year among all the constituent school districts or municipalities of the
regional school district;
9. The
replacement costs of school buildings, additions, grounds, furnishings, and
equipment of the regional school district, and the replacement cost of any
school building, additions, grounds, furnishings, and equipment of the regional
school district situated in the withdrawing school district or municipality.
The Department will calculate the school building replacement costs as follows:
i. The current overall cost per square foot
for school construction in New Jersey, updated in the fall of each year, will
be multiplied by the gross area of the building. The figure shall include
construction costs, moveable and built-in furniture and equipment, and fees;
and
ii. Site costs will be excluded
since they are already included under
N.J.A.C.
6A:26-7.1(a).
10. The amount of indebtedness, if
any, to be assumed by the withdrawing constituent school district or
municipality;
11. The distribution
of assets and liabilities of the existing regional school district and
remaining regional school district following withdrawal in the manner provided
by
N.J.S.A.
18A:8-24;
(b) The executive county superintendent
report shall include, but not be limited to, the following:
1. A proposed educational plan for the
withdrawing constituent school district or municipality, if withdrawal were to
be approved, including the effects of such withdrawal upon the educational
program of the remaining regional school district and on the provision of
adequate public school facilities and services at a reasonable cost;
2. A summary of the advantages and
disadvantages of withdrawal to both the withdrawing constituent school district
or municipality and the remaining regional school district; and
3. A recommendation from the executive county
superintendent regarding the request for withdrawal from the regional school
district.
(c) Upon
adoption of a resolution in accordance with
N.J.S.A.
18A:13-51 or
18A:13-66,
the board of education of the regional school district shall not incur any
additional indebtedness for capital projects, pending either the rejection of
the proposal at a special school election or an effective date of withdrawal as
determined by the Commissioner.
