New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES › Subchapter 9 - EXECUTIVE COUNTY SUPERINTENDENT BUDGET REVIEW PROCEDURES › Section 6A:23A-9.5 - Commissioner to ensure achievement of the New Jersey Student Learning Standards; corrective actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A district
				board of education shall be subject to action by the Commissioner, as part of
				the budget approval process, upon the failure of one or more schools within the
				school district to achieve the New Jersey Student Learning Standards as
				evidenced by existing Statewide assessment methods or other statutory or
				regulatory methods of evaluation.
(b) If the Commissioner deems progressive
				actions would not be sufficient due to the magnitude of the failure and/or
				other factors, the Commissioner shall take, pursuant to the summary authority
				granted the Commissioner by
				N.J.S.A.
				18A:7F-6.b, immediate corrective actions as
				deemed appropriate, including, but not limited to:
1. Restructuring of curriculum or programs
				consistent with the thoroughness standards established pursuant to
				18A:7F-46;
2. Retraining or reassignment of staff and
				the development and implementation of a formal plan for professional
				development at the amount provided for in the efficiency standards established
				pursuant to
				18A:7F-46;
3. Conducting a comprehensive budget
				evaluation;
4. Redirecting
				expenditures consistent with the thoroughness and efficiency standards
				established pursuant to
				18A:7F-46;
5. Enforcing spending at the full adequacy
				budget consistent with the thoroughness and efficiency standards established
				pursuant to
				18A:7F-46;
6. Reviewing terms of future collective
				bargaining agreements prior to final approval by the district board of
				education and an assessment of the impact of the terms on the school district's
				budget, education program, and the local property tax levy; and
7. Requiring a district board of education to
				implement enhanced budget procedures, as deemed appropriate, as follows:
i. Consider revenue payable pursuant to
				N.J.S.A.
				18A:7F-43 et seq., School Funding Reform Act
				of 2008, and all other State, local, and Federal revenue as revenue of the
				general fund, unless expressly restricted by Federal law or written contract,
				for the purpose of implementing the Commissioner's directives;
ii. Record appropriations and expenditures by
				school for classroom instruction, school-level technology, student support
				services, curriculum development, educational media services and school
				library, professional development, security, and school level administration. A
				district board of education may require other types of expenditures, such as
				maintenance and custodial and transportation, to be recorded by
				school;
iii. Obtain written
				Commissioner approval on Commissioner-prescribed forms for school-level
				appropriation transfers necessary during the year to effectuate the
				Commissioner's directives; and
iv.
				Obtain written Commissioner approval prior to appropriating for new purposes
				school-level appropriation balances occurring during the year from salary
				breakage, unanticipated circumstances, overestimated costs, or other events.
(1) Upon approval, a district board of
				education may transfer, in accordance with
				N.J.S.A.
				18A:22-8.1, the appropriation balances
				between schools or for districtwide purposes, except where prohibited by any
				Federal law that restricts such transfers.
(2) A district board of education shall cause
				any school-level appropriation balances remaining at the end of the year to
				lapse and be commingled with the general fund balance of the school district,
				except where prohibited by any Federal law that restricts commingling or
				otherwise required by law or regulation.