New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.13 - Review, approval, and use of temporary facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As part of
				a school facilities project, a school district may propose providing temporary
				facilities pending the construction of a school facilities project either by
				the Development Authority or the school district. A school district may also
				propose providing temporary facilities not as part of a school facilities
				project and, therefore, to be locally funded as an other capital project. An
				approved private school for the disabled may also propose to provide temporary
				facilities, which are not part of a school facilities project and shall be
				reviewed as an other capital project.
(b) All temporary facilities shall be
				approved by the Division pursuant to this section and, if housing students,
				pursuant to the educational adequacy requirements at
				6A:26-5.4(c)  and
				the temporary facility standards at N.J.A.C. 6A:26-8.
1. If an SDA district seeks approval of a
				temporary facility and it is part of a school facilities project, and if
				approval is sought prior to the school facility project's approval, it shall
				submit to the Division a preconstruction application referencing the
				acquisition of a temporary facility (including related design work), pursuant
				to 6A:26-3.9.
i. If the SDA district seeks approval of a
				temporary facility prior to approval of a school facilities project, the school
				district or the Development Authority on behalf of the school district, shall
				submit an application for approval of the temporary facility pursuant to this
				section. The Division shall then make a determination on the temporary
				facility, and notify both the school district and the Development Authority.
				When the SDA district later submits an application for the related school
				facilities project, the temporary facility submission shall be deemed to be
				included in the application. The preliminary eligible cost and final eligible
				cost determinations shall incorporate the eligible costs of the temporary
				facility.
ii. If the SDA district
				seeks approval of a temporary facility at the time it seeks approval of a
				school facilities project, the school district, or the Development Authority on
				behalf of the school district, shall submit an application for approval of the
				temporary facilities pursuant to this section. The temporary facility cost
				estimate for the estimated actual costs of the temporary facility shall be
				included in the cost estimate for the school facilities project. The project
				and preliminary eligible cost, land, and educational adequacy determinations
				shall occur at the same time as its temporary facility determination pursuant
				to this section.
iii. If the SDA
				district, or the Development Authority on behalf of the SDA district, seeks
				approval of a temporary facility after the time it seeks approval of a school
				facilities project, the cost estimate for estimated actual costs of the
				temporary facility shall be added to the cost estimate for the school
				facilities project, and the temporary facility determination shall occur after
				the project and preliminary eligible cost determinations are made by the
				Division.