2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:58-33.25 - Resolution of need; application by board of education; investigation; report.

18A:58-33.25 Resolution of need; application by board of education; investigation; report.
4. a. Whenever the board of education of a local school district shall determine by resolution that it is unable to provide suitable general purpose educational facilities to comply with the provisions of N.J.S.18A:33-1, it may file an application with the Commissioner of Education for additional State school building aid under this act. Upon the receipt of such application, the Commissioner of Education shall cause an investigation to be made of the conditions in the district, taking into consideration the number of unhoused pupils, number of years on split or curtailed sessions, the rate of pupil population increase, the total tax rate of the municipalities in the district, the school tax rate of the district, the net debt of such municipalities and the school debt, the density of population, the equalized valuations allocable with respect to each child in the school district, the number of children on welfare rolls, effects of judicial determinations prior to the enactment hereof concerning constitutional requirements of equal educational opportunity, existing and proposed educational facilities and all such other factors as said commissioner or the State Board of Education may deem necessary for the purpose of P.L.1978, c.74 (C.18A:58-33.22 et seq.). The Commissioner of Education shall report the results of such investigation to the State Board of Education and may include therein an evaluation of the ability of such school district to provide suitable educational facilities to comply with the provisions of N.J.S.18A:33-1, and of the need of such school district for additional State school building aid under P.L.1978, c.74 (C.18A:58-33.22 et seq.), advice as to the resident enrollment in such school district as of September 30, 1976 as shown by records with respect thereto on file in the commissioner's office, recommendation as to the amount (if any) of entitlement (as hereinafter defined) proposed with respect to said school district, and such further information with respect to such school district as requested or required by said board.
b. Whenever the board of education of a local school district, county special services school district, or county vocational school district shall determine by resolution that there are students with disabilities between the ages of 13 and 21 who would benefit from vocational education but are not enrolled in such a program and that the board is unable to provide suitable facilities for such pupils, the board may file an application with the Commissioner of Education for additional State school building aid under P.L.1978, c.74 (C.18A:58-33.22 et seq.) and forward its plan to provide secondary vocational facilities for pupils with disabilities to the County Career Education Coordinating Council. Upon the receipt of such application, the County Career Education Coordinating Council shall review the facilities plan as soon as possible and forward its recommendations to the Commissioner of Education forthwith. Upon the receipt of such application from a local school district, the Commissioner of Education shall cause an investigation to be made of the conditions of the district, taking into consideration the number of pupils with disabilities between the ages of 13 and 21 who would benefit from such a program and are not presently enrolled in vocational programs due to the lack of facilities, the projected increase or decrease of such pupils in future years, the total tax rate of the municipalities in the district, the school tax rate of the district, the net debt of such municipalities and the school debt, the equalized valuations allocable with respect to each child in the school district, effects of judicial determinations prior to the enactment hereof concerning constitutional requirements of equal educational opportunity, existing and proposed education facilities, the recommendations of the County Career Education Coordinating Council, and all such other factors as said commissioner or State Board of Education may deem necessary for the purpose of P.L.1978, c.74 (C.18A:58-33.22 et seq.). Upon the receipt of such application from a county special services school district or a county vocational school district, the Commissioner of Education shall cause an investigation to be made of the conditions of the district, taking into consideration the number of pupils with disabilities between the ages of 13 and 21 who would benefit from such a program and are not presently enrolled in vocational programs due to the lack of facilities, the projected increase of such pupils in future years, the county vocational school debt, the county debt, the total tax rate of the county, the county average equalized valuations per pupil, existing and proposed educational facilities, the recommendations of the County Career Education Coordinating Council, and all such factors as said commissioner or State Board of Education may deem necessary for the purpose of P.L.1978, c.74 (C.18A:58-33.22 et seq.). The Commissioner of Education shall report the results of such investigations to the State Board of Education and may include therein an evaluation of the ability of such school district to provide suitable secondary vocational educational facilities for pupils with disabilities, and of the need of such school district for additional State school building aid under this act, advice as to the enrollment of pupils with disabilities in such school as of the effective date of this act as shown by records with respect thereto on file in the commissioner's office, recommendation as to the amount (if any) of entitlement (as hereinafter defined) proposed with respect to said school district, and such further information with respect to such school district as requested or required by said board.
L.1978, c.74, s.4; amended 2017, c.131, s.56.