reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 4 - INITIAL ASSESSMENT AND ENROLLMENT › Section 6A:26-4.1 - Capital projects fund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				revenues and appropriations related to school facilities projects receiving
				funding pursuant to EFCFA and this chapter, and to other capital projects that
				utilize revenue sources identified in (b) below, shall be accounted for in the
				capital-projects fund defined in
				6A:23A-1.2.
(b) The source of revenue in the
				capital-projects fund includes the:
1. Sale
				of school bonds;
2. Issuance of
				temporary notes or loan bonds pursuant to
				18A:24-3;
3. Issuance of certificates of participation
				for a lease-purchase agreement greater than five years approved prior to
				EFCFA;
4. Grants received pursuant
				to 18A:7G-15; and
5. All revenue sources identified in the
				referenda or resolution authorizing the issuance of school bonds pursuant to
				6A:26-3.7 and 3.12.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 4 - INITIAL ASSESSMENT AND ENROLLMENT › Section 6A:26-4.2 - Use of capital-projects fund to account for a capital project funded in part or in whole by school bonds, short-term notes, or pre-EFCFA lease-purchase agreements of greater than five years$DQ$ duration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The cost of
				a capital project covered by bond proceeds shall include costs associated with
				architects, lawyers, and construction managers even if not specifically stated
				in the referendum question approved by voters or in the resolution approved by
				the board of school estimate or capital project review board. A district board
				of education that budgeted and charged such costs to the general fund prior to
				the referendum has the option to reimburse the costs from the capital-projects
				fund after approval of the referendum or resolution.
(b) Use of the capital-projects fund to
				account for bond proceeds and short-term notes shall be limited to the
				following:
1. Type I and Type II school
				districts with boards of school estimate shall be limited to the amount fixed
				by the board of school estimate pursuant to
				6A:26-3.7(e)  for
				each capital project, or projects when jointly submitted, under
				18A:22-19 and 30, and
				18A:24-55.
2. Type II school
				districts without a board of school estimate shall be limited to the amount
				approved by voters for each capital project, or projects when jointly
				submitted, pursuant to
				18A:22-39 and
				18A:24-55.
3. State-operated school districts shall be
				limited to the amount approved by the capital project review board.
4. The local share of capital projects when
				jointly submitted in (b)1 or 2 above may be transferred among projects within
				an approved referendum as long as the school district adequately discloses in
				the referendum question that such transfers can be made and the district board
				of education can attest that all projects can be completed as approved, and no
				excess costs beyond those approved by voters shall be eligible for transfers.
i. If the ability to transfer was not
				disclosed in the referendum question, the Commissioner may approve the transfer
				upon the school district's written request of need and the district board of
				education's certification of its ability to complete all projects as approved
				and that no excess costs beyond those approved by voters shall be eligible for
				transfer.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 4 - INITIAL ASSESSMENT AND ENROLLMENT › Section 6A:26-4.3 - Use of capital projects fund to account for a school facilities project not funded in part or in whole by school bonds or short-term notes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) School
				districts shall use the capital-projects fund to account for an approved school
				facilities project where the school district elects to receive a grant pursuant
				to 18A:7G-15 and to fund the entire
				local share through a means other than school bonds or short-term
				notes.
(b) Local share budgeted in
				capital outlay and/or withdrawn from capital reserve for a school facilities
				project not funded by school bonds or short-term notes shall be transferred to
				the capital-projects fund upon execution of the grant agreement with the
				Development Authority in accordance with
				6A:26-3.8(a)3 
				and 9.1.
(c) A district board of
				education may utilize by resolution general-fund surplus up to 20 percent above
				the awarded project cost in response to change orders allowed pursuant to
				6A:26-4.9 and in accordance with
				6A:26-4.4(b).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 4 - INITIAL ASSESSMENT AND ENROLLMENT › Section 6A:26-4.5 - Over-expending a capital project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the
				New Jersey Code of Criminal Justice, Title 2C of the New Jersey Statutes, it is
				a crime for a public official or employee to knowingly disburse, order, or vote
				for the disbursement of moneys or incur obligations in excess of appropriations
				or an amount limited by law. The Department shall notify the Office of
				Inspector General, and may notify the Director of the Division of Criminal
				Justice if an over-expenditure/deficit is detected in a capital
				project.
(b) A district board of
				education over-expending the capital-projects fund also shall be subject to a
				reduction in its State aid and other actions pursuant to
				6A:23A-16.1 0 and 6A:26-14.1, if
				applicable.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 4 - INITIAL ASSESSMENT AND ENROLLMENT › Section 6A:26-4.6 - Unexpended bond proceeds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A capital
				project shall be considered completed for the purposes of determining
				unexpended bond proceeds under this section when:
1. The project has received its certificate
				of completion from the contractor;
2. All retainage has been liquidated;
				and
3. A permanent certificate of
				occupancy has been received, if applicable.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 4 - INITIAL ASSESSMENT AND ENROLLMENT › Section 6A:26-4.7 - Oversight of ROD constructed school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				district board of education shall be subject to the following for every
				approved school facilities project receiving State support under this chapter:
1. To provide the Commissioner assurance that
				the contracting process for design and construction contracts for school
				facilities projects conforms to all requirements of Title 18A of the New Jersey
				Statutes and all other applicable laws and rules, the school district shall, in
				a separate certification for each contract awarded for a school facilities
				project pursuant to (a)3 below, certify that the school district has followed
				the provisions of law related to:
i.
				Authorization to prepare plans and specifications;
ii. Preparation and contents of bid
				specifications;
iii. Approval of
				plans and specifications;
iv.
				Advertising for bids;
v. Review and
				evaluation of proposals; and
vi.
				Award and execution of contracts.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 4 - INITIAL ASSESSMENT AND ENROLLMENT › Section 6A:26-4.8 - Bidding and awarding of contracts for ROD capital projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bids shall
				be advertised and received, and contracts awarded only after final approval of
				plans and specifications from the Department of Community Affairs, Division of
				Codes and Standards or the local enforcing agency if it performs the UCC
				review. Bids may be advertised but contracts shall not be awarded before the
				school facilities project or other capital project has received approval from
				the Division for final educational adequacy, pursuant to
				6A:26-5.4, if applicable. If the
				school facilities project is not subject to either final educational adequacy
				review or UCC review, bids shall be advertised and received, and contracts
				awarded only after final eligible costs have been determined pursuant to
				6A:26-3.6.
(b) In accordance with
				18A:18A-36, school districts
				shall award contracts within 60 days of receipt of bids, and may apply to the
				municipal construction enforcing official for the required building
				permits.
(c) At the time of
				contract award, school districts shall encumber a contingency in an amount
				equal to no less than five percent of the total costs of construction of a
				capital project, against which change orders may be approved in accordance with
				6A:26-4.9. However, school
				districts shall not encumber an amount that would result in the total contract
				award plus any contingency totaling more than the approved referenda amount if
				the capital project is funded wholly or in part by bond proceeds.
(d) School districts shall award one or more
				contracts for the entire approved scope of the capital project, unless there is
				prior Division approval in accordance with the following:
1. The bid documents include one or more bid
				alternates that the school district may opt not to award, provided there is no
				impact on the educational adequacy or the total costs of a capital project;
				or
2. The school district
				demonstrates to the Division that extraordinary circumstances require an award
				of the entire approved project scope in separate phases, and the school
				district has demonstrated that adequate funds are available to complete the
				entire approved project scope.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 4 - INITIAL ASSESSMENT AND ENROLLMENT › Section 6A:26-4.9 - Submission of change orders for ROD projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contract
				change orders for capital projects shall be governed by the following:
1. Change orders may be approved by district
				boards of education for no more than the approved referendum amount for a
				capital project funded in whole or in part by bond proceeds, when necessitated
				by one of the following:
i. Emergencies
				consistent with N.J.S.A 18A:18A-7;
ii. Unforeseeable physical conditions;
				or
iii. Minor modifications to
				project scope that achieve cost savings, improve service or resolve
				construction conditions.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 4 - INITIAL ASSESSMENT AND ENROLLMENT › Section 6A:26-4.10 - Change orders for Development Authority school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				projects constructed by the Development Authority, only change orders that
				affect the approved number, size, configuration, location, or use of
				educational space shall be submitted to the Division for review and
				approval.
(b) The Development
				Authority shall submit to the Division periodic reports on each project being
				constructed under its auspices, indicating the contract-award amounts, the
				nature and scope of each approved change order, the revised project amounts,
				and the total costs of change orders approved to date.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 5 - REVIEW OF CAPITAL PROJECTS FOR EDUCATIONAL ADEQUACY › Section 6A:26-5.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All capital
				projects that affect any of the following criteria for educational adequacy
				shall be reviewed and approved by the Division according to this subchapter.
				The criteria are the number, configuration, size, location, or use of
				educational spaces within a school facility. The review for educational
				adequacy shall take into consideration the suitability of the number,
				configuration, size, location, and use of educational spaces; built-in
				furniture and equipment; and provisions for the disabled. Capital projects that
				involve the following types of building construction work shall be approved for
				educational adequacy:
1. New school
				facilities including pre-fabricated facilities;
2. Additions to existing school
				facilities;
3. Alterations to the
				total number, dimension in volume and/or area, configuration or location of
				educational spaces or the number of any one kind of educational space;
				and
4. Installation of temporary
				facilities.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 5 - REVIEW OF CAPITAL PROJECTS FOR EDUCATIONAL ADEQUACY › Section 6A:26-5.2 - Educational specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submissions of
				educational specifications for educational-adequacy reviews shall include the
				following:
1. Details of the educational
				program activities and requirements for each space proposed in the capital
				project, and shall refer to the New Jersey Student Learning Standards wherever
				appropriate;
2. An itemized list of
				furniture, equipment, and support spaces required to conduct the educational
				program specified for each space, together with their net areas in square feet,
				as well as the net of the total room area required for each space;
3. Specific technical and environmental
				criteria, adjacencies, and other requirements for the educational program;
				and
4. A building-space program
				that indicates the number and net area in square feet of each instructional,
				specialized instructional, administrative, and support space in each existing
				or proposed building included in the capital project and/or the temporary
				facility.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 5 - REVIEW OF CAPITAL PROJECTS FOR EDUCATIONAL ADEQUACY › Section 6A:26-5.3 - Schematic plans and other related project documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submission
				of schematic plans for educational adequacy reviews shall include the
				following:
1. Four sets of schematic plans
				showing the entire existing and proposed building drawn to a scale of not less
				than 1/16 inch per foot. The approved use of each space, the proposed number of
				occupants, and the net square feet area, shall be clearly labeled on all
				existing and proposed spaces;
2.
				Layouts of the built-in and moveable furniture and equipment for examples of
				all occupied spaces drawn to a scale of not less than 1/8 inch per
				foot;
3. Information required to
				demonstrate compliance with the Facility Planning Standards at N.J.A.C.
				6A:26-6, including dimensions, clearances, ceiling heights, and required
				equipment;
4. Paths of travel for
				disabled persons;
5. A completed
				plot plan when site work is required, including the intended location of the
				school and a layout of the locations of all other structures, multi-purpose
				physical education fields, playgrounds, walkways, roadways, access roads,
				buffer and set back zones, parking areas, deed restrictions, easements,
				protective covenants, right of ways, and environmentally sensitive areas. If
				the land for the site is being acquired, an application also shall be submitted
				for approval under
				6A:26-7.1; and
6. The signature and seal of a New Jersey
				licensed architect or professional engineer if there is an architect or
				engineer engaged for the project and signatures of the president of the
				district board of education and chief school administrator. In the case of
				Development Authority school facilities projects, schematic plans shall also be
				signed by the Development Authority, pursuant to
				59:4-6.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 5 - REVIEW OF CAPITAL PROJECTS FOR EDUCATIONAL ADEQUACY › Section 6A:26-5.4 - Detailed plans and specifications and final plans and specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case
				of a Development Authority school facilities project, the Development Authority
				on behalf of the school district shall apply upon completion of detailed plans
				and specifications for final approval of the project's educational adequacy.
				Detailed plans and specifications shall be considered adequate for calculations
				of final eligible costs if the plans and specifications are at least 60 percent
				complete. Final approval of the educational adequacy of the project shall occur
				prior to the calculation of the final eligible costs of the school facilities
				project, pursuant to
				6A:26-3.5. The application for
				final approval shall include:
1. Four
				individually packaged sets of detailed plans, drawn to a scale of not less than
				1/8 inch per foot, signed and sealed by a New Jersey licensed architect or
				professional engineer and signed by the president of the district board of
				education, chief school administrator, and the Development Authority, and
				specifications to sufficiently demonstrate the school facilities project
				conforms to schematic plans approved by the Division. To demonstrate such
				conformance, the submission shall include architectural floor plans, an
				architectural site plan, as applicable, and architectural drawings that will
				allow verification of ceiling heights and other applicable standards in
				6A:26-6.3. If the Division
				determines the documents are not sufficient to demonstrate conformity with the
				schematic plans, it may request additional drawings and/or technical
				specifications;
2. The fee
				calculated according to the fee schedule pursuant to
				6A:26-5.5; and
3. In the event there is a change affecting
				the number, configuration, size, location, or use of educational spaces as set
				forth in the detailed plans and specifications submitted to the Department, the
				Development Authority shall submit to the Division the application with two
				sets of final plans and specifications, as set forth in (b)1 below. No
				additional fee shall be imposed.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 5 - REVIEW OF CAPITAL PROJECTS FOR EDUCATIONAL ADEQUACY › Section 6A:26-5.5 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division shall collect fees for its reviews of detailed/final plans and
				specifications for educational adequacy in the case of Development Authority
				school facilities projects and for its reviews of final plans and
				specifications for educational adequacy in ROD school facilities projects and
				other capital projects according to the following schedule:
Construction
						  Cost
Educational Adequacy
Estimate (CCE)
Project
						  Review Fee
Up to $ 1,000,000
0.5 percent of the CCE
$ 1,000,001 to 10,000,000
$ 5,000 plus 0.25
						  percent of the amount
over $ 1,000,000
Over $ 10,000,000
$ 27,500 plus 0.1 percent of
						  the amount
over $ 10,000,000
(b)
				For purposes of the table in (a) above, the construction cost estimate shall be
				as set forth in the final eligible cost of a school facilities project or in
				the cost estimate submitted for an other capital project.
(c) The Division shall calculate the final
				educational-adequacy review fee for a school facilities project when it reviews
				and approves the school facilities project application pursuant to
				6A:26-3.3 or reviews an other
				capital project application pursuant to
				6A:26-3.1 2. If the Division
				approves an award of the project scope in separate phases, pursuant to
				6A:26-4.8(d), the
				entire final educational-adequacy review fee shall be remitted to the Division
				when it reviews the first phase of the school facilities project or other
				capital project requiring final approval of its educational adequacy, pursuant
				to 6A:26-5.4.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 5 - REVIEW OF CAPITAL PROJECTS FOR EDUCATIONAL ADEQUACY › Section 6A:26-5.6 - Capital projects not subject to educational adequacy review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a
				Development Authority school facilities project not subject to
				educational-adequacy review, the Division shall issue a preliminary project
				report and shall forward to the Department of Community Affairs for review the
				report along with drawings or narrative sufficient to delineate the scope of
				work, so the Department of Community Affairs may review construction documents
				for UCC conformance. The review shall require the documentation required by the
				UCC, 5:23-2.1 5, for the requirements
				for application for a construction permit or for plan review, as
				appropriate.
(b) For a ROD school
				facilities project or other capital project not subject to educational-adequacy
				review, the Division shall make a determination of the project's final eligible
				costs and shall forward to the Department of Community Affairs for review the
				determination along with drawings or narrative sufficient to delineate the
				scope of work, so the Department of Community Affairs may review construction
				documents for UCC conformance. The review shall include the documentation
				required by the UCC,
				5:23-2.1 5, for the requirements
				for a construction-permit or plan-review application, as appropriate. If the
				school district has submitted to the Division a properly executed copy of a
				"Request for Local Release of School Construction Plans," pursuant to
				6A:26-5.4(b)2,
				the Division shall forward the release form to the Department of Community
				Affairs for its action.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 6 - PLANNING AND CONSTRUCTION STANDARDS FOR SCHOOL FACILITIES › Section 6A:26-6.1 - Application of the Uniform Construction Code

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All school
				construction shall be done in accordance with the UCC, as administered and
				enforced by the Department of Community Affairs, and with this
				subchapter.
(b) The UCC
				enhancements, enumerated at
				5:23-3.1 1A(c), shall be required
				of all capital projects at public schools, and shall be administered and
				enforced by the Department of Community Affairs. Charter schools shall be
				required to comply with the UCC enhancements where the health and safety of the
				building occupants are affected.
(c) The educational facility planning
				standards, at
				6A:26-6.3 and 6.4, shall be
				administered by the Department and cooperatively enforced by the Department and
				by the Department of Community Affairs. Pursuant to
				18A:36A-10, charter schools shall
				not be required to comply with the educational-facility planning standards
				except where the health and safety of the building occupants are
				affected.
(d) Among the standards
				incorporated by reference into the educational facility planning standards, and
				administered and enforced according to (c) above, is the Barrier Free Subcode
				of the UCC, at N.J.A.C. 5:23-7.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 6 - PLANNING AND CONSTRUCTION STANDARDS FOR SCHOOL FACILITIES › Section 6A:26-6.2 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				exceptions from the requirements of this subchapter shall be made, except upon
				the following findings:
1. That strict
				compliance with any specific requirement would result in practical difficulty
				to the school district; and
2. That
				the exception, if granted, will not jeopardize the health, safety and welfare
				of occupants or intended occupants and the public generally.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 6 - PLANNING AND CONSTRUCTION STANDARDS FOR SCHOOL FACILITIES › Section 6A:26-6.4 - Educational facility planning standards for school facilities housing preschool students

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				educational facility planning standards delineated in this subchapter shall
				apply to the design and construction of school facilities housing preschool
				students. Any standards not addressed in this section are addressed in
				6A:26-6.3, in conjunction with the
				UCC. For community providers, the requirements of this section shall supplement
				but not supplant the requirement manual mandated by the Office of Licensing in
				the Department of Human Services, for community provider licensure. If this
				section's requirements exceed the requisites of the Department of Human
				Services' manual, the requirements of this section shall apply.
(b) General design and construction
				requirements shall be as follows:
1. School
				facilities for preschool students shall afford space for instruction,
				administration, and student services, as set forth in the facilities efficiency
				standards in (h) below;
2.
				Preschool classrooms shall be no higher than the second floor of a school
				facility;
3. Preschool classrooms
				shall have a minimum of the square footage of usable space per child as set
				forth in the facilities efficiency standards, and usable space per child shall
				exclude storage, equipment, or furnishings that are either built-in or not
				easily movable;
4. Each preschool
				classroom shall have an attached toilet room designed to accommodate the needs
				of physically handicapped students with features sized for the use of preschool
				students;
5. Preschool classrooms
				shall have a resilient floor covering;
6. Separate from the toilet room, each
				preschool classroom shall have access to an additional sink with a flood rim
				height no greater than 26 inches from the floor;
7. Preschool classrooms shall be equipped
				with a bubbler or water fountain; and
8. Preschool classrooms shall be designed to
				modulate interior noise and minimize exterior noise.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 6 - PLANNING AND CONSTRUCTION STANDARDS FOR SCHOOL FACILITIES › Section 6A:26-6.5 - Private schools for disabled students and schools for disabled students operated by the New Jersey Department of Human Services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section shall govern review of project documents for capital projects at
				private schools for disabled students which are approved or seeking approval
				pursuant to N.J.A.C. 6A:14-7 and schools for disabled students operated by the
				Department of Human Services. Review and approval by the Division is required
				for the type of work set forth in
				6A:26-5.1(a).
(b) Submission and review of plans and
				specifications shall be conducted as follows:
1. Educational specifications shall be
				prepared and submitted pursuant to
				6A:26-5.2, and schematic plans
				shall be prepared and submitted pursuant to
				6A:26-5.3 except that they shall
				be signed by the executive director and board president of the private schools
				for disabled students or the New Jersey Department of Human Services.
2. A New Jersey registered architect or
				licensed engineer, as required by
				5:23-2.1 5, shall submit project
				documents for the temporary and permanent construction, alteration, and
				rehabilitation of facilities to the Division on behalf of either the private
				schools for disabled students or the New Jersey Department of Human Services
				for review and subsequent approval for compliance with this chapter.
3. For review and subsequent approval for
				compliance with the Uniform Construction Code (UCC), N.J.A.C. 5:23:
i. Plans and specifications shall be
				submitted to the local construction official of the municipality in which the
				facility will be constructed, in the case of private schools for disabled
				students; and
ii. Plans and
				specifications shall be submitted to the New Jersey Department of Community
				Affairs, in the case of private schools for disabled students operated by the
				Department of Human Services.
4. The project documents shall be submitted
				to the Division and reviewed pursuant to N.J.A.C. 6A:26-5.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 7 - LAND ACQUISITION, SCHOOL CLOSING, AND LAND DISPOSAL › Section 6A:26-7.2 - Approval of the acquisition of land in certain school districts under the Development Authority's auspices

Current through Register Vol. 56, No. 14, July 15, 2024
The Development Authority may acquire land on behalf of a
				  school district eligible for 100 percent State support of final eligible costs
				  for school facilities projects that are consistent with the school district's
				  approved LRFP. For such school districts, the Department shall require
				  submission of all information set forth in
				  6A:26-7.1(b)  to
				  demonstrate compliance with this subchapter. The Development Authority may
				  submit the required information on behalf of such school districts.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 7 - LAND ACQUISITION, SCHOOL CLOSING, AND LAND DISPOSAL › Section 6A:26-7.3 - Approval for the acquisition of existing facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A district
				board of education planning to acquire an existing facility through purchase,
				gift, lease, or otherwise shall comply with all procedures and rules pertaining
				to the appropriation and use of capital funds as required by
				18A:20-4 and 4.2. The school
				district shall also have the facility approved in accordance with N.J.A.C.
				6A:26-3, which applies to the acquisition of a school site and for the
				construction of a new facility.
(b)
				Facilities to be procured for temporary use shall comply with N.J.A.C. 6A:26-8
				if subject to educational-adequacy review pursuant to
				6A:26-5.4(c) 
				because the facilities will house students.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 7 - LAND ACQUISITION, SCHOOL CLOSING, AND LAND DISPOSAL › Section 6A:26-7.4 - Approval for the disposal of land, including rights or interest therein, or improvements thereon

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The school
				district shall make to the Division a written request for school district-owned
				land to be altered or disposed of through sale, transfer, or exchange of all or
				part of the total acreage, including rights or interest therein and/or
				improvements thereon, such as facilities, if applicable.
1. A copy of the request shall be sent by the
				school district to the executive county superintendent, who shall make
				recommendations to the Division. The executive county superintendent shall
				provide to the district board of education a copy of the
				recommendations.
2. The request
				shall indicate whether the school district intends to convey the site, rights
				or interest therein, and/or improvements thereon under an exception to the
				public sale requirements per
				18A:20-6.
3. The request shall indicate whether the
				school district intends to convey the site, rights, or interest therein, and/or
				improvements thereon that had been conveyed to the school district from the
				Development Authority or funded in whole or in part by State share under
				EFCFA.
4. If the land, rights, or
				interest therein, and/or improvements thereon have been conveyed to the school
				district from the Development Authority, the request shall provide evidence
				acceptable to the Department that the property has not reverted to the
				Development Authority as authorized under
				19:34-3.6.
5. If a school district seeks to dispose of
				land, rights, or interest therein, and/or improvements thereon funded in part
				with debt service aid pursuant
				18A:7G-9 or 10, and the land
				and/or improvements are either not needed or not being used for the purposes
				for which the bonds were issued, any proceeds from the disposal shall be used
				by the school district first to reduce the outstanding principal amount at the
				earliest call date or to annually reduce the debt-service principal payments. A
				district board of education may request approval from the Commissioner to apply
				the proceeds over the term of the outstanding debt or by some other
				distribution mechanism if, for example, it is beneficial to stabilizing the
				school district's debt-service tax levy.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 7 - LAND ACQUISITION, SCHOOL CLOSING, AND LAND DISPOSAL › Section 6A:26-7.5 - Approval for the closing of a school facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To
				receive approval for the closing of a school, the district board of education
				shall provide the Division and the executive county superintendent with the
				following assurances:
1. The proposed closing
				is consistent with the school district's approved LRFP because:
i. The school district has demonstrated that
				sufficient school-building capacity exists to house students for the five years
				following the closing; or
ii. The
				school district has demonstrated through a feasibility study that the benefits
				of undertaking new construction outweigh those of rehabilitating the school
				proposed for closure.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 10 - LEASE PURCHASE AND LEASE AGREEMENTS › Section 6A:26-10.1 - Use of lease-purchase agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A school
				district may acquire improvements or additions to school facilities through
				lease-purchase agreements of five years or less provided that the
				lease-purchase agreement provides for the funding in full to the school
				district upon commencement of construction of the school facilities project.
				School districts shall not enter into lease purchase agreements of more than
				five years' duration.
(b) Subject
				to (a) above, a school district may utilize a lease-purchase agreement to fund
				the local share or total costs of a school facilities project receiving State
				debt service aid or to provide the local funding for an other capital project
				as long as:
1. There are no contingencies
				pursuant to which such funding could be withheld in whole or in part;
				and
2. In funding the local share
				or total costs of a Development Authority-constructed school facilities
				project, the school district does not encumber what has been lease purchased in
				favor of another party, such as the lender or trustee unless said interest is
				subordinated to the Development Authority.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 10 - LEASE PURCHASE AND LEASE AGREEMENTS › Section 6A:26-10.2 - Costs of lease-purchase agreements of five years or less

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				payments by a school district and other costs arising from a lease-purchase
				agreement of five years or less shall not be considered to constitute debt
				service and shall not be eligible for State debt service aid under EFCFA and/or
				this chapter.
(b) Payments of
				lease-purchase agreements of five years or less shall be recorded as an
				expenditure of the school district's general fund.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 10 - LEASE PURCHASE AND LEASE AGREEMENTS › Section 6A:26-10.4 - Contents of lease-purchase agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Lease-purchase agreements shall contain the following provisions:
1. Payments shall be subject to the annual
				appropriation of funds sufficient to meet the required payments or shall
				contain an annual cancellation clause pursuant to
				18A:20-4.2(f);
2. All construction contracts let by public
				school districts, developers, or owners of property used for school purposes
				shall be competitively bid pursuant
				18A:20-4.2(f);
				and
3. The district board of
				education may refinance the lease-purchase agreement or purchase the leased
				premises, by defeasance or otherwise, at any time during the lease
				period.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 10 - LEASE PURCHASE AND LEASE AGREEMENTS › Section 6A:26-10.5 - Contents of ground lease

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A ground
				lease shall contain the following provisions:
1. A legal description of the land;
2. Lease of the land and the term of the
				lease;
3. A warranty that the
				district board of education has good and marketable title to the
				land;
4. A warranty that the land
				is properly zoned for school purposes including the proposed project;
5. A warranty that the leased land and
				current land uses comply with all local, State, and Federal environmental
				laws;
6. Termination; and
7. Use of land.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 10 - LEASE PURCHASE AND LEASE AGREEMENTS › Section 6A:26-10.6 - Approval procedures to refinance a lease-purchase agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A district
				board of education proposing to refinance a lease-purchase agreement entered
				into at any time, including lease-purchase agreements in excess of five years,
				shall adopt a resolution requesting the Division's approval of the
				transaction.
(b) A district board
				of education requesting approval to refinance a lease-purchase agreement shall
				submit to the Division on a Commissioner-prescribed form an application for
				refinancing. A district board of education shall also file with the Division
				the following documents:
1. A copy of the
				district board of education resolution requesting approval of the refinancing
				and the board's vote;
2. An opinion
				of counsel stating that the refinancing is permitted under the original or
				modified lease-purchase agreement and is in conformance with local, Federal,
				and State statutes;
3. The list of
				persons and/or firms the district board of education contacted concerning the
				refinancing, the one selected and the specific reasons for the
				selection;
4. A copy of the amended
				rent payment schedule;
5. A
				schedule of sources and uses of the lease-purchase agreement refinancing
				proceeds;
6. An analysis of the
				escrow account under the proposed refinancing;
7. A copy of the documents in final draft
				form with amendments and modifications to the lease-purchase, ground lease,
				trustee or agent, and assignment agreements, if necessary, that effect the
				refinancing;
8. A copy of the
				updated insurance or other credit-enhancement commitment, modified to cover
				refinancing, if applicable;
9.
				Proposed credit ratings on the issue and credit-rating agencies; and
10. A detailed analysis of the percentage of
				net present value cost savings to the school district of at least three percent
				using the effective interest cost method as the discount rate based on an
				analysis of the total refunding issue that includes the following for each
				payment:
i. Date;
ii. Prior debt service;
iii. New debt service;
iv. Savings (prior debt service minus new
				debt service);
v. Present value
				factor;
vi. Present value savings
				(savings times present value factor);
vii. Cumulative present value savings;
				and
viii. Totals of items in
				(b)10ii through vii above.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 10 - LEASE PURCHASE AND LEASE AGREEMENTS › Section 6A:26-10.7 - Approval procedures for a defeasance of lease-purchase agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A district
				board of education proposing to seek voter or board of school estimate approval
				for the defeasance of a lease-purchase agreement entered into at any time,
				including lease-purchase agreements in excess of five years, through the
				issuance of general-obligation bonds shall adopt a resolution requesting the
				Division's approval of the transaction.
(b) A district board of education requesting
				approval for the defeasance of a lease-purchase entered into at any time,
				including lease-purchase agreements in excess of five years, shall submit to
				the Commissioner an application for defeasance on a Commissioner-prescribed
				form and the following documents:
1. A copy
				of the district board of education resolution requesting the Division's
				approval of the defeasance of the lease-purchase agreement through the issuance
				of general obligation bonds and the district board of education's
				vote;
2. An opinion of counsel
				stating that the prepayment of the lease-purchase agreement is in conformance
				with local, State, and Federal statutes;
3. A copy of the documents in final draft
				form with amendments and modification to the lease-purchase, ground lease,
				trustee or agent, and assignment agreements, if necessary, that effect the
				defeasance;
4. A schedule of
				sources and uses of bond issue proceeds; and
5. A detailed analysis of the percentage of
				net present value cost savings to the school district using the effective
				interest cost method as the discount rate based on an analysis of the total new
				bond issue to include the following for each payment:
i. Date;
ii. Prior debt service;
iii. New debt service;
iv. Savings (prior debt service minus new
				debt service);
v. Present value
				factor;
vi. Present value savings
				(savings times present value factor);
vii. Cumulative present value savings;
				and
viii. Totals of items in (b)5ii
				through vii above.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 10 - LEASE PURCHASE AND LEASE AGREEMENTS › Section 6A:26-10.8 - Lease-purchase agreements entered into prior to July 18, 2000

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Approved
				lease-purchase agreements in excess of five years duration shall be accorded
				the same accounting treatment as school bonds. The payments by a school
				district on such lease-purchase agreements shall be considered debt service and
				may be eligible for State debt service aid under EFCFA.
(b) The provisions of
				6A:26-10.6 and 10.7 shall apply to
				lease-purchase agreements entered into prior to July 18, 2000.
(c) A district board of education having
				entered into a lease-purchase agreement prior to July 18, 2000 for a capital
				project shall not terminate, change, or alter the approved lease-purchase
				agreement and accompanying legal documents without first obtaining the
				Division's written consent.
(d)
				Upon completion of a lease-purchase agreement entered into prior to July 18,
				2000, a district board of education shall file with the Division the Official
				Statement (Prospectus) of the transaction.
(e) A school district that entered into a
				lease-purchase agreement prior to July 18, 2000, and applies for a State
				support under EFCFA for any school facilities project relating to a site or
				school building subject to the lessor's lien under the lease-purchase agreement
				shall be required to enter into an intercept agreement with the State and the
				lessor that provides the State shall have the right to withhold that portion of
				State support owed to the school district necessary to make timely payments
				under the lease-purchase and agent agreements if the school district fails to
				make timely payment of amounts owed under agreements. The State also shall have
				the right to apply the withheld State support to pay the school district's
				obligation, subject to available State appropriation. The Division's receipt of
				an intercept agreement executed by the school district and lessor, and
				acceptable to the Division, shall constitute a prior condition for the school
				district to receive State support under EFCFA for any school facilities project
				relating to a site or school facility subject to the lessor's lien under the
				lease-purchase agreement.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 10 - LEASE PURCHASE AND LEASE AGREEMENTS › Section 6A:26-10.9 - Approval of lease agreements for facilities to be used for school purposes

Current through Register Vol. 56, No. 14, July 15, 2024
Without authority first obtained from voters, the board of
				  school estimate or the capital project review board, as appropriate, a school
				  district may rent facilities to use for school purposes on a year-to-year basis
				  or for up to five years in case of emergency. "Emergency" for the purposes of
				  this section shall include an emergent condition or the circumstances that
				  warrant emergency stabilization as defined in
				  6A:26-1.2.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 10 - LEASE PURCHASE AND LEASE AGREEMENTS › Section 6A:26-10.10 - Limitation on multiyear leases of facilities

Current through Register Vol. 56, No. 14, July 15, 2024
All multiyear leases of facilities, including one- or
				  two-year extensions, shall contain a clause making them subject to the
				  availability and appropriation annually of sufficient funds as may be required
				  to meet the extended obligation, or shall contain an annual cancellation
				  clause.