New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES › Subchapter 18 - TUITION FOR PRIVATE SCHOOLS FOR STUDENTS WITH DISABILITIES › Section 6A:23A-18.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
"Administrative costs" means the costs defined as
				  administrative costs as prescribed by the Commissioner in the chart of accounts
				  required in accordance with
				  N.J.A.C.
				  6A:23A-18.5(a)7.
"Advertising costs" means the costs associated with
				  promoting, marketing, or public relations for the APSSD's programs and/or
				  services, as prescribed by the Commissioner in the chart of accounts required
				  in accordance with
				  N.J.A.C.
				  6A:23A-18.5(a)7.
"Approved private school for students with disabilities" or
				  "APSSD" means an entity approved by the Department according to
				  N.J.A.C.
				  6A:14-7.1 through 7.3 to provide special
				  education and related services to a student with disabilities placed in the
				  APSSD by a parent/guardian, sending district board of education, or State
				  agency responsible for providing the student's education through implementation
				  of his or her individualized education program (IEP).
"APSSD official" means a member of the board of directors or
				  board of trustees of an APSSD; anyone holding an ownership interest in the
				  APSSD; an officer, employee, administrator, or supervisor of an APSSD; or
				  anyone responsible for making recommendations regarding hiring or the purchase
				  or acquisition of any property or service(s) by the APSSD.
"Assistant director" shall mean the same as
				  "director."
"Average daily enrollment (ADE)" means the sum of the days
				  present and absent of all school students enrolled in the APSSD register(s)
				  divided by the number of days the APSSD was actually in session for the entire
				  school year rounded to the nearest four decimal places, except in no event
				  shall the divisor be less than 180 days.
"Bonus" means payment to an employee that meets any of the
				  following:
1. Is not part of the employee's executed contracted
				  salary;
2. Is not part of the employee's base salary in the
				  subsequent school year;
3. Is arbitrary and not based on any specific criteria or
				  qualifications; or
4. Is paid solely at the discretion of management.
"Business manager" means an individual whose job function
				  includes a majority of the following: financial budget planning and
				  administration, insurance/risk administration, purchasing, financial accounting
				  and reporting, facility planning, construction and maintenance; personnel
				  administration; administration of transportation and food services; and data
				  processing. Prior to June 30, 2017, the holder of this job title shall hold a
				  bachelor's degree in business, accounting, finance, or economics from an
				  accredited institution or a standard school business administrator's
				  certificate but shall not be required to hold a school certification. Effective
				  July 1, 2017, all business managers, except those employed by the APSSD as a
				  business manager or otherwise serving as business manager with the APSSD prior
				  to July 1, 2017, shall hold a master's degree in business, accounting, finance,
				  economics, or a related field from an accredited institution; a standard school
				  business administrator's certificate issued pursuant to
				  N.J.A.C.
				  6A:9B-12.7, as amended or supplemented; or a
				  certified public accountant certificate.
"Certified actual cost per student" means the actual
				  allowable cost for the entire school year plus the applicable maximum
				  surcharge/public school placement restricted working capital fund divided by
				  ADE for the school year as determined by an independent school auditor.
"Compensation increases" means any additional payment made to
				  an employee after the start of the fiscal year that would appear on the
				  employee's W-2 and/or should result in a Form 1099 being issued to the
				  employee.
"Conditional approval status" means the APSSD is precluded
				  from accepting and/or enrolling new students from the date the Department
				  placed the APSSD on conditional approval status.
"Contingent pay increase" means a staff salary increase of
				  either a certain dollar amount or percentage of contracted salary that is paid
				  to all staff if the APSSD attains the predetermined ADE for the school year
				  that was filed with and approved by the Commissioner, or his or her
				  designee.
"Director" means an individual whose job function includes a
				  majority of the following: formulation of school goals, plans, policies, and
				  budgets and recommendation of their approval to the school's board of
				  directors; recommendations to the school's board of directors for all staff
				  appointments and other personnel actions, such as terminations, suspensions,
				  and compensation, including the appointment of the business manager;
				  responsibility for school operations and programs, including administration,
				  supervision, and evaluation of administrators, supervisors, and all other
				  school staff. Prior to June 30, 2017, all individuals employed by the APSSD as
				  director, or serving as director of an APSSD, shall hold a bachelor's degree
				  from an accredited institution, but shall not be required to hold a
				  professional school license/certification pursuant to N.J.A.C. 6A:9B. After
				  July 1, 2017, all directors, except those employed as, or otherwise serving as
				  director for the APSSD prior to July 1, 2017, shall hold a master's degree from
				  an accredited institution, but shall not be required to hold a certification
				  pursuant to N.J.A.C. 6A:9B.
"Entertainment expenses" means the cost of providing any type
				  of food/beverage to APSSD officers, APSSD directors/trustees, consultants,
				  and/or individuals providing services to the APSSD at any time or to APSSD
				  employees after school hours.
"Executive director" means the same as the "Director."
"Extraordinary service" means the services of a one-to-one
				  aide, or one-to-one nurse, for a student as required by the student's
				  individualized education program (IEP).
"Final tuition rate" means an amount equal to or less than
				  the certified actual cost per student calculated in accordance with
				  N.J.A.C.
				  6A:23A-18.3(a).
"Full time" for the purposes of the maximum salaries in
				  N.J.A.C.
				  6A:23A-18.3(o), (p), and
				  (q), and full-time equivalent means 35 hours
				  or more per week over the term outlined in the employment contract pursuant to
				  N.J.A.C.
				  6A:23A-18.5(c).
"Full-time equivalent" or "FTE" means the ratio of the total
				  number of paid hours during a period divided by the number of full-time working
				  hours in that period; one FTE is equivalent to one employee working full
				  time.
"Independent school auditor" means an independent registered
				  municipal accountant of New Jersey or an independent certified public
				  accountant of New Jersey who holds a valid registration license as a public
				  school accountant of New Jersey and conducts an APSSD's annual audit in
				  accordance with
				  N.J.A.C.
				  6A:23A-18.10.
"Instructional costs" means those costs defined as
				  instructional costs as prescribed by the Commissioner in the chart of accounts
				  required in accordance with
				  N.J.A.C.
				  6A:23A-18.5(a)7.
"Internal Revenue Code" or "IRC" means any Federal tax code
				  section indicated in this subchapter and as amended and supplemented.
"Keyman life insurance" means insurance on staff members for
				  which the school is the beneficiary of the life insurance policy.
"Meals" means the provision of breakfast and/or lunch to
				  students.
"Merit pay increase" means a staff salary increase of either
				  a certain dollar amount or percentage of contracted salary that is based on
				  specific performance criteria previously submitted to and approved by the
				  Commissioner or his or her designee.
"New approved private school for students with disabilities"
				  or "new APSSD" means an APSSD during the initial two fiscal years of
				  operation.
"Passenger vehicle" means a vehicle originally designed by
				  the manufacturer with a seating capacity of 10 or fewer persons, including the
				  driver.
"Private placement student" means a student placed in an
				  APSSD by an entity or parent/guardian other than a New Jersey sending district
				  board of education, charter school or renaissance school board of trustees, or
				  a New Jersey State agency.
"Public school placement restricted working capital fund"
				  means a nonprofit APSSD's total public school restricted assets less the total
				  public school restricted liabilities.
"Public school placement student" means a student placed in
				  an APSSD by a New Jersey sending district board of education, board of trustees
				  of a charter or renaissance school, or a New Jersey State agency.
"Related services" means the type of services defined in
				  6A:14-1.3.
"School year" means the time period an APSSD is in session
				  either from July through June, August through June, or September through
				  June.
"Sending district board of education" or "sending school
				  district" means the New Jersey public school district, charter school,
				  renaissance school, or State agency sending a student to an APSSD.
"Severance pay" means compensation in addition to regular
				  salaries and wages that is paid by an APSSD to an employee whose employment is
				  being terminated by separation agreement or otherwise.
"Start-up costs" means costs such as, but not limited to,
				  legal fees, filing fees, furniture, fixtures, equipment, and facility costs
				  incurred by an APSSD for the nine-month period prior to receiving Department
				  approval to operate as an APSSD. A salary is not an allowable start-up
				  cost.
"Surcharge" means the amount of profit that for-profit APSSDs
				  may include in the certified actual cost per student.
"Tentative tuition rate" means the original budgeted tuition
				  rate charged to a sending district board of education or board of trustees for
				  a charter or renaissance school for the school year.