reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES › Subchapter 22 - FINANCIAL OPERATIONS OF CHARTER SCHOOLS › Section 6A:23A-22.11 - Contributions to board members and contract awards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a
				condition of receiving charter school aid, charter schools shall have policies
				that comply with the provisions of this section to ensure that the charter
				school shall maintain honest and ethical relations with vendors and shall guard
				against favoritism, improvidence, extravagance, and corruption in its
				contracting processes and practices. The terms "business entity" and "interest"
				as used below are defined as set forth in
				P.L.
				2004, c. 19.
1. No board will vote upon or award any
				contract in the amount of $ 17,500 or greater to any business entity that has
				made a contribution reportable by the recipient under P.L. 1973, c. 83
				(N.J.S.A.
				19:44A-1 et seq.) to a member of the charter
				school board of trustees during the preceding one-year period.
2. Contributions reportable by the recipient
				under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et
				seq.) to any member of the charter school board of trustees from any business
				entity doing business with the charter school are prohibited during the term of
				a contract.
3. When a business
				entity referred to in (a)2 above is a natural person, a contribution by that
				person's spouse or child who resides therewith shall be deemed to be a
				contribution by the business entity. Where a business entity is other than a
				natural person, a contribution by any person or other business entity having an
				interest therein shall be deemed to be a contribution by the business entity.
4. The disclosure requirement set
				forth in section 2 of
				P.L.
				2005, c. 271
				(19:44A-20.2 6) also shall apply
				when the contract is required by law to be publicly advertised for
				bids.
5. This subsection shall not
				apply to a contract when a charter school emergency requires the immediate
				delivery of goods or services.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES › Subchapter 22 - FINANCIAL OPERATIONS OF CHARTER SCHOOLS › Section 6A:23A-22.12 - Internal controls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition of receiving charter
				school aid, each charter school shall establish specific policies and
				procedures on internal controls to provide management with reasonable assurance
				that the charter school's goals and objectives will be met and that meet the
				requirements of
				N.J.A.C.
				6A:23A-22.6 through 22.15. Internal controls
				shall promote operational efficiency and effectiveness, provide reliable
				financial information, safeguard assets and records, encourage adherence to
				prescribed policies, and comply with law and regulation.
(b) The specific internal controls contained
				in this subchapter shall be established together with other internal controls
				contained in N.J.A.C. 6A and other law and regulations, required by
				professional standards, including auditing standards generally accepted in the
				United States under Generally Accepted Accounting Principles (GAAP), standards
				contained in Government Auditing Standards (GAS) issued by the Comptroller
				General of the United States, and as deemed necessary and appropriate by
				charter school management. Any charter school may submit a written request to
				the Commissioner to approve an alternate system, approach, or process for
				implementing the internal controls required in this subchapter. The application
				must include documented evidence that includes, but is not limited to, an
				independent, third-party written assessment that the alternative system,
				approach, or process will achieve the same safeguards, efficiency, and other
				purposes as the specified internal control requirement(s).
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES › Subchapter 22 - FINANCIAL OPERATIONS OF CHARTER SCHOOLS › Section 6A:23A-22.13 - Segregation of duties; organization structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				charter schools shall evaluate business processes annually and allocate
				available resources appropriately in an effort to establish a strong control
				environment.
(b) The school
				business administrator shall identify processes that, when performed by the
				same individuals, are a violation of sound segregation of duties. The school
				business administrator shall segregate the duties of all such processes among
				business office staff based on available charter school resources, assessed
				vulnerability, and the associated cost-benefit.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES › Subchapter 22 - FINANCIAL OPERATIONS OF CHARTER SCHOOLS › Section 6A:23A-22.14 - Standard operating procedures (SOPs) for business functions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				charter school shall establish SOPs for each task or function of the business
				operations of the charter school.
(b) An SOP manual shall include sections on
				each routine task or function of the following areas:
1. Accounting, including general ledger,
				accounts payable, accounts receivable, payroll, fixed assets, and year-end
				procedures for each;
2. Cash
				management;
3. Budget development
				and administration, including tasks such as authorization of transfers and
				overtime;
4. Position
				control;
5. Purchasing, including
				such tasks as preparation of requisitions, approval of purchase orders and
				encumbering of funds, bid and quote requirements; and verification of receipt
				of goods and services;
6.
				Facilities, including administration of work and health and safety;
7. Security;
8. Emergency preparedness;
9. Risk management;
10. Transportation;
11. Food service;
12. Technology systems; and
13. Information management.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES › Subchapter 22 - FINANCIAL OPERATIONS OF CHARTER SCHOOLS › Section 6A:23A-22.15 - Approval of amounts paid in excess of approved purchase orders; board policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A charter school board shall adopt a
				policy establishing the approval process for any remittance of payment for
				invoice amounts greater than the approved purchase order. The policy shall
				require the school business administrator, or assistant school business
				administrator, to identify and investigate, if necessary, the reason for any
				increase to a purchase order. If it is found that such an increase is
				warranted, the school business administrator, or assistant school business
				administrator, shall either approve a revision to the original purchase order
				with the reason noted, approve the issuance of a supplemental purchase order
				for the difference, or cancel the original purchase order and issue a new
				purchase order. If it is found that such an increase is not warranted, the
				purchase order shall be canceled and the goods returned. In no instance shall
				an adjustment be made to a purchase order that changes the purpose or vendor of
				the original purchase order or a bid award.
(b) Financial systems shall be programmed to:
1. Limit system access so only appropriate
				business office staff may make purchase order adjustments;
2. Reject adjustments in excess of any
				established approval thresholds;
3.
				Prevent unauthorized changes to be processed;
4. Reject payments where the sum of the
				invoice amount plus any previous invoices charged to the purchase order exceeds
				the sum of the original purchase order amount plus any authorized
				adjustments;
5. Reject duplicate
				purchase order numbers;
6. Reject
				duplicate invoice numbers; and
7.
				Prepare an edit/change report listing all payments made in excess of the
				originally approved purchase order amount.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 6A:25-1.1 - Purpose and applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				implements the Federal Qualified Zone Academy Bond (QZAB) Program in this
				State. Under
26 U.S.C. §
											54E,
bond cap is allocated to the
				Department of Education, for bonds issued by the State, to be used by public
				schools, including charter schools, with needy populations (qualified academy
				zones) for Federally qualified purposes such as to rehabilitate and repair
				schools providing the schools develop in cooperation with business an
				educational plan to expand learning opportunities. Bondholders receive a tax
				credit as an incentive for holding bonds and the issuer is responsible only for
				paying the principal of the QZAB bonds. Since the initial phase of the QZAB
				Program, QZABs financed the costs of school facilities projects approved
				pursuant to the Educational Facilities Construction and Financing Act (EFCFA),
				P.L.
				2000, c. 72, and
				charter school capital projects.
(b) This chapter applies to all district
				boards of education and charter schools in the State, as well as to the
				bondholders and private entities that participate in the State QZAB
				Program.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 2 - ELIGIBILITY FOR QZAB FUNDING › Section 6A:25-2.1 - School requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify for designation as a qualified
				zone academy and receive QZAB funding, a school shall:
1. Be in a school district as that term is
				defined in
				18A:7G-3 and
				6A:26-1.2; and
2. Have a student body composed of at least
				35 percent of students who will be eligible for free or reduced-price lunch
				under the National School Lunch Act as of the date of issuance of the QZABs
				based on a reasonable expectation; be located in a Federal empowerment zone; or
				be located in a Federal enterprise community.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 2 - ELIGIBILITY FOR QZAB FUNDING › Section 6A:25-2.2 - QZAB project requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible
				for QZAB funding, a school facilities project shall:
1. Be located in a school that qualifies
				pursuant to
6A:25-2.1(a)
;
2. Be included in a
				school district's approved long-range facilities plan pursuant to
6A:26-2.3
;
3. Be approved as a school facilities project
				by the Department pursuant to
6A:26-3.3
or
18A:7G-4
.b or 9.c;
4. Not be completed at the time of
				submission of an application for QZAB Program funding;
5. Consist of rehabilitation work, including
				equipment related to the rehabilitation of the school facility that houses a
				qualified zone academy; and
6. Be
				located in a school facility eligible for a private business contribution by a
				private entity.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 2 - ELIGIBILITY FOR QZAB FUNDING › Section 6A:25-2.3 - Private collaboration requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The school
				district shall establish, via written commitment, a collaboration between the
				school and one or more private entities under which the private entity
				evidences in writing that it will make a contribution having a present value
				(as of the date of issuance of the issue) of not less than 10 percent of the
				bond issue's proceeds.
(b)
				Contributions by the private entity shall be described in the written
				commitment and may include the following general types of contributions:
1. Equipment for use in the qualified zone
				academy (including technology and vocational equipment);
2. Technical assistance in developing
				curriculum or in training teachers to promote appropriate market-driven
				technology in the classroom;
3.
				Services of employees as volunteer mentors;
4. Internships, field trips, or other
				educational opportunities for students outside the qualified zone
				academy;
5. Any other property or
				service specified by the school district; or
6. Cash received if used to purchase property
				or services described in (b)1 through 5 above.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 2 - ELIGIBILITY FOR QZAB FUNDING › Section 6A:25-2.4 - Comprehensive educational plan requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				qualified zone academy, or school district on behalf of the qualified zone
				academy, shall design a comprehensive educational plan in cooperation with one
				or more private entities.
(b)
				Students enrolled in the qualified zone academy shall be subject to the same
				academic standards and assessments as other students in the school
				district.
(c)The school district
				shall approve the comprehensive educational plan prior to submission to the
				Department of an application for QZAB funding.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 3 - APPLICATION FOR QZAB FUNDING › Section 6A:25-3.1 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A school
				district seeking to initiate a school facilities project funded by a QZAB shall
				apply to the Department on a Commissioner-provided form for approval of the
				school facilities project for QZAB funding.
(b) The application must demonstrate the
				school facilities project meets the requirements for participation in the QZAB
				Program, as set forth in
6A:25-2.1
through
2.4
, as well as the Federal requirements set
				forth in
26 U.S.C. §
											54E
and regulations thereunder (see
26 CFR
				1.1397E-1
).
(c) The application must include the
				following:
1. Evidence the school facilities
				project is for a school facility meeting the school location or student body
				composition requirements of
6A:25-2.1
;
2. Evidence the school facilities project has
				been approved by the Department for rehabilitation, pursuant to
N.J.A.C.
6A:25-2.2
;
3. A copy of the comprehensive educational
				plan approved by the school district, pursuant to
				6A:25-2.4;
4. Certification by the issuer that it has
				the written commitment of the private entity to satisfy the private
				contribution requirement, pursuant to
6A:25-2.3
, or to make
				qualified contributions for one or more qualified zone academy school district
				applicants sufficient to meet the private contribution requirement for each
				school district applicant; and
5.
				Certification by the issuer that it has the school district's written approval
				of the QZAB bond issuance.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 3 - APPLICATION FOR QZAB FUNDING › Section 6A:25-3.2 - Application review and approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The deadline
				for accepting applications shall be July 1 annually.
(b) The Department must assess each
				application to determine on a first-come, first-served basis if it is complete.
				The Department must verify the school facilities project in the application is
				the same as the previously approved school facilities project. If the
				application is determined to be incomplete, the Department must inform the
				school district in writing, listing all deficiencies and missing required
				information. If the application is determined to be complete, the Department
				must review the application for eligibility for QZAB funding within 30 days of
				the determination of completeness.
(c) The Department must approve all
				applications that meet the QZAB Program requirements as described or referenced
				in this chapter, subject to the availability of bond cap under
26 U.S.C. §
											54E.
(d) If a school district's application is
				approved, the Department must notify the school district that a qualified zone
				academy(ies) in the school district is eligible for QZAB funding. The
				Department must also provide notice to the NJEDA of school district eligibility
				for QZAB funding. State share funded through QZAB financing will be available
				in the same way that State share funded through other financing is available
				for school facilities projects approved pursuant to EFCFA, that is, available
				pursuant to
18A:7G-5
, 9, 10, or 15
				as applicable.
(e) If a school
				district's application does not meet the QZAB Program requirements, the
				Department must notify the school district in writing, informing it of the
				reason for the denial.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 3 - APPLICATION FOR QZAB FUNDING › Section 6A:25-3.3 - Appeals of Department determinations

Current through Register Vol. 56, No. 14, July 15, 2024
Appeals of Department determinations with respect to the QZAB
				  Program shall be made in accordance with
N.J.A.C. 6A:3
,
				  Controversies and Disputes.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 4 - CHARTER SCHOOL ELIGIBILITY FOR QZAB FUNDING › Section 6A:25-4.1 - Charter school requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify
				for designation as a qualified zone academy and receive QZAB funding, a charter
				school shall:
1. Have an approved charter;
				and
2. Meet the requirement stated
				in 6A:25-2.1(a)2.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 4 - CHARTER SCHOOL ELIGIBILITY FOR QZAB FUNDING › Section 6A:25-4.2 - QZAB project requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible
				for QZAB funding, a charter school capital project shall:
1. Consist of rehabilitation work, including
				equipment related to the rehabilitation of the charter school facility that
				houses a qualified zone academy;
2.
				Not be completed at the time of submission of an application for QZAB Program
				funding;
3. Be located in charter
				school that qualifies pursuant to
6A:25-2.1(a)
; and
4. Be located in a
				charter school eligible for a private business contribution by a private
				entity.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 4 - CHARTER SCHOOL ELIGIBILITY FOR QZAB FUNDING › Section 6A:25-4.3 - Private collaboration requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The charter
				school shall establish, via written commitment, a collaboration between the
				charter school and one or more private entities under which the private entity
				evidences in writing that it will make a contribution having a present value
				(as of the date of issuance of the issue) of not less than 10 percent of the
				bond issue's proceeds.
(b)
				Contributions by the private entity shall be described in the written
				commitment and may include items referenced in
6A:25-2.3(b)
1.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 4 - CHARTER SCHOOL ELIGIBILITY FOR QZAB FUNDING › Section 6A:25-4.4 - Comprehensive educational plan requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The qualified zone academy, or charter school on behalf of the qualified zone
				academy, shall design a comprehensive educational plan in cooperation with one
				or more private entities.
(b)
				Students enrolled in the qualified zone academy shall be subject to the same
				academic standards and assessments as other students in the school
				district.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 5 - CHARTER SCHOOL APPLICATION FOR QZAB FUNDING › Section 6A:25-5.1 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A charter
				school seeking to initiate a charter school capital project funded by a QZAB
				shall apply to the Department on a Commissioner-provided form for approval of
				the charter school capital project for QZAB funding.
(b) The application must demonstrate the
				charter school capital project meets the requirements for participation in the
				QZAB Program, as set forth in
6A:25-4.1
through
4.4
, as well as the Federal requirements set forth in
26 U.S.C. §
											54E
and regulations thereunder (see
26 CFR
				1.1397E-1
).
(c) The application must include the
				following:
1. The name of the school and the
				name, street address, phone number, and e-mail address of a contact
				person;
2. A description of the
				capital project, including evidence the charter school capital project is for a
				school facility meeting the charter school location or student body composition
				requirements of
6A:25-2.1
and
4.2
, respectively;
3. Evidence the charter school capital
				project is for rehabilitation, pursuant to
6A:25-4.2
;
4. A copy of the comprehensive educational
				plan approved by the charter school, pursuant to
				6A:25-4.4;
5. Identification of the issuer of QZABs for
				the charter school;
6.
				Certification by the charter school that it has the written commitment of the
				private entity to satisfy the private contribution requirement, pursuant to
6A:25-4.3
. This
				requirement may also be satisfied by the issuer's certification that it has the
				written commitment of the private entity to make qualified contributions to
				meet the private contribution requirement for the charter school applicant;
				and
7. A resolution evidencing that
				the issuer has the charter school's written approval of the QZAB bond
				issuance.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 5 - CHARTER SCHOOL APPLICATION FOR QZAB FUNDING › Section 6A:25-5.2 - Application review and approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The deadline
				for accepting applications shall be July 1 annually.
(b) The Department must assess each
				application on a first-come, first-served basis to determine if it is complete.
				If the application is determined to be incomplete, the Department must inform
				the charter school in writing, listing all deficiencies and missing required
				information. If the application is determined to be complete, the Department
				must review the application for eligibility for QZAB funding within 30 days of
				the determination of completeness.
(c) The Department must approve all
				applications that meet the QZAB Program requirements as described or referenced
				in this chapter, subject to the availability of bond cap under
26 U.S.C. §
											54E.
(d) If a charter school's application is
				approved, the Department must notify the charter school and the issuer that a
				qualified zone academy in the charter school is eligible for QZAB
				funding.
(e) If a charter school
				application does not meet the QZAB Program requirements, the Department must
				notify the charter school and the issuer in writing, informing them of the
				reason for the denial.
(f) If the
				NJEDA is the issuer of QZABs for the charter school, the Department must notify
				in writing the charter school eligible for funding to apply to the NJEDA
				pursuant to
N.J.A.C. 19:31
, to the extent applicable, and to
				utilize the NJEDA application for financial assistance available at
http://www.njeda.com/applications.asp
.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 25 - QUALIFIED ZONE ACADEMY BOND PROGRAM › Subchapter 5 - CHARTER SCHOOL APPLICATION FOR QZAB FUNDING › Section 6A:25-5.3 - Appeals of Department determinations

Current through Register Vol. 56, No. 14, July 15, 2024
Appeals of Department determinations with respect to
6A:25-5.1
and
5.2
shall be made in accordance with
N.J.A.C.
				  6A:3
.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 6A:26-1.1 - Purpose and applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
The rules are adopted by the New Jersey State Board of
				  Education to implement the Educational Facilities Construction and Financing
				  Act (EFCFA),
				  P.L.
				  2000, c. 72, as amended
				  and as defined in
				  N.J.S.A. 18A:7G-1, as
				  well as to consolidate, conform, and update other rules relating to educational
				  facilities in this State. The rules are adopted to ensure that the educational
				  facilities in the State are safe, healthy, and educationally adequate to
				  support the delivery of the thorough and efficient education to which all
				  students are entitled, as defined by the New Jersey Student Learning Standards.
				  The rules apply to all district boards of education in the State. To the extent
				  these rules are inconsistent with other rules in Titles 6 and 6A of the New
				  Jersey Administrative Code, the rules in this chapter shall take
				  precedence.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 2 - LONG-RANGE FACILITIES PLANS › Section 6A:26-2.2 - Completion of long-range facilities plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each LRFP
				shall include:
1. Enrollment projections for
				the school district for the five years covered by the plan, by grade level, as
				set forth in the Fall Survey Report for grades K through 12 and the ASSA for
				preschool programs, and utilizing enrollment figures as of October 15 of the
				previous year as the base enrollment figures. Students enrolled in the school
				district who are attending charter schools, students attending the schools of
				the school district pursuant to the school choice program, and students
				enrolled in the school district but attending private schools for the disabled
				shall be separately identified in enrollment projections, and shall be excluded
				from the calculation of the number of unhoused students pursuant to (b) below.
i. The enrollment figures shall be certified
				by a qualified demographer;
ii. The
				resume and any other professional credentials relied upon by the school
				district to demonstrate that the person who prepared the enrollment projection
				possesses adequate experience to be considered a qualified demographer shall be
				submitted as part of the school district's LRFP. Adequate experience shall
				include preparation of enrollment reports and projections on behalf of school
				districts, both in fulfillment of statutory or regulatory obligations and for
				other purposes. School district employees, such as the chief administrator and
				school business administrator, as well as persons hired by a school district
				may, if they possess the requisite experience, serve as a qualified
				demographer;
iii. Projections shall
				be for the five ensuing years utilizing a cohort survival method, shall utilize
				pertinent live births of residents of the community provided by the New Jersey
				Department of Health and Senior Services and shall include enrollment trends
				for the previous five years as set forth in the previous six Fall Survey
				Reports or ASSA, as appropriate;
iv. Where a school district does not believe
				a five-year projection utilizing a cohort survival method will accurately
				predict future enrollment, the school district shall submit additional data and
				justification for consideration by the Commissioner;
v. A school district shall adjust enrollment
				projections to account for significant numbers of students who are attending
				charter schools; and
vi. ECPA
				school districts shall make appropriate adjustments to enrollment projections
				for preschool children based on the history of the actual enrollments in those
				programs and consistent with the school district's approved ECPA
				plan;
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 2 - LONG-RANGE FACILITIES PLANS › Section 6A:26-2.3 - Review and approval of long-range facilities plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 90
				days of receipt of a LRFP from a school district that has not previously
				submitted a LRFP, the Division shall determine whether the plan is fully and
				accurately completed and whether all information necessary to review the plan
				has been filed by the school district.
1.
				When a LRFP is determined to be complete, the Division shall notify in writing
				the school district that the plan is deemed complete.
2. When a LRFP is determined to be
				incomplete, the Division shall notify in writing the school district and
				require the submission of additional information as detailed in the
				notification. A school district shall submit the requested information. Only
				after the Division determines all requested information has been submitted and
				the information is accurate shall it determine a plan to be complete.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.1 - Initiation of a capital project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All capital
				projects shall be undertaken in accordance with this subchapter.
(b) School facilities projects shall be
				reviewed in accordance with
				6A:26-3.2 and 3.3; land
				acquisition projects shall be reviewed in accordance with
				6A:26-3.9 or 3.13 and 6A:26-7, as
				applicable; and other capital projects shall be reviewed in accordance with
				6A:26-3.1 2.
(c) Project documents for school facilities
				projects and other capital projects shall be reviewed by the Division and
				approved for compliance with the requirements of N.J.A.C. 6A:26-5 as
				applicable.
(d) Project documents
				for school facilities projects and other capital projects that involve the
				acquisition of land shall be reviewed for compliance with the requirements of
				N.J.A.C. 6A:26-7.
(e) The Division
				shall review each capital project to determine whether the project is
				consistent with the school district's approved LRFP and whether it complies
				with the applicable room inventory in the approved LRFP, if any.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.4 - Calculation of preliminary eligible costs for school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				approval of a completed school facilities project application, preliminary
				eligible costs for new construction, new construction in lieu of rehabilitation
				approved pursuant to
				6A:26-3.3, and purchase of an
				existing facility to be utilized as a school facility shall be calculated as
				follows:
Preliminary eligible costs = AU x C
Where
AU is the approved area for unhoused students; and
C is the area cost allowance.
(b) Preliminary eligible costs for
				rehabilitation or new construction in lieu of rehabilitation that is not
				approved pursuant to
				6A:26-3.3 shall equal reasonable
				estimated actual costs as calculated on a form prescribed by the Commissioner,
				which shall include, but not be limited to:
1. Specific unit costs and
				quantities;
2. Other allowable
				costs;
3. The costs to render a
				school facility energy efficient;
4. The costs to render a school facility
				compliant with the UCC;
5. The
				costs to ensure that a school facility meets health and safety standards;
				and
6. The costs to ensure that the
				school facility meets educational adequacy as determined pursuant to the
				facilities efficiency standards and N.J.A.C. 6A:26-5.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.5 - Determination of final eligible costs for Authority school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) School
				facilities projects of SDA districts shall be constructed by the Development
				Authority.
(b) After approving a
				project that shall be constructed by the Development Authority and calculating
				the preliminary eligible costs, the Division shall promptly prepare and submit
				to the Development Authority a preliminary project report that shall consist,
				in addition to any other information deemed relevant by the Commissioner, of
				the following information:
1. A complete
				description of the school facilities project;
2. The actual location of the school
				facilities project;
3. The total
				square footage of the school facilities project together with a breakdown of
				total square footage by functional component;
4. The preliminary eligible costs of the
				school facilities project;
5. The
				project's priority ranking determined pursuant to
				18A:7G-5(m);
6. Any other factors to be considered by the
				Development Authority in undertaking the school facilities project;
				and
7. The name, address, and phone
				number of the person from the school district to contact concerning the school
				facilities project.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.6 - Determination of final eligible costs for ROD school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to a
				determination of final eligible costs, a school district that is not using the
				Development Authority for construction of a school facilities project may
				appeal to the Commissioner for an increase in the preliminary eligible costs
				that were approved pursuant to
				6A:26-3.3 if the detailed plans
				and specifications prepared in accordance with
				6A:26-5.4 by a licensed architect
				or engineer for the school facilities project indicate that the cost of
				constructing the portion of the school facilities project approved for State
				support exceeds by 10 percent or more the preliminary eligible costs for the
				project as determined by the Commissioner. The school district shall file its
				appeal within 30 days of the preparation of the detailed plans and
				specifications.
(b) The appeal
				shall outline the reasons why the preliminary eligible costs calculated for the
				school facilities project are inadequate, provide documentation to support such
				reasons, and estimate the amount of the adjustment that needs to be made to the
				preliminary eligible costs. Upon a determination that the appeal information is
				complete, the Commissioner shall forward the appeal information to the
				Development Authority for its review and recommendation.
(c) The Commissioner shall make a
				determination on the appeal within 30 days after receipt of the Development
				Authority's recommendation. If the Commissioner does not approve the adjustment
				to the preliminary eligible costs sought by the school district, the
				Commissioner shall issue in writing his or her findings setting forth the
				reasons for the denial and why the preliminary eligible costs as originally
				calculated, or an adjustment to the preliminary eligible costs that is smaller
				than sought by the school district, is sufficient.
(d) A school district that decides not to
				appeal the determination of preliminary eligible costs may request, at any time
				after approval of the school facilities project and determination of
				preliminary eligible costs, that the Commissioner determine final eligible
				costs for the project.
(e) Final
				eligible costs for the school facilities project shall be determined as
				follows:
1. The preliminary eligible costs
				shall become the final eligible costs if a school district does not appeal or
				unsuccessfully appeals the determination of preliminary eligible
				costs.
2. The final eligible costs
				shall be the preliminary eligible costs as adjusted by the Commissioner if a
				school district successfully appeals the determination of preliminary eligible
				costs pursuant to (b) above. In no case shall the adjustment to preliminary
				eligible costs be more than 10 percent.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.9 - Design and construction of Development Authority school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Development Authority shall design and construct school facilities projects in
				accordance with EFCFA and the Development Authority's rules.
1. The Commissioner shall develop an
				educational facilities needs assessment for each SDA district. The assessment
				shall be updated periodically by the Commissioner in accordance with the
				schedule the Commissioner deems appropriate for the school district; except
				that each assessment shall be updated at a minimum within five years of the
				development of the school district's most recent prior educational facilities
				needs assessment.
2. The assessment
				shall be transmitted to the Development Authority to be used to initiate the
				planning activities required prior to the establishment of the educational
				priority ranking of school facilities projects pursuant to this
				subsection.
3. Following the
				approval of an SDA district's LRFP or of an amendment to the plan, but prior to
				authorization of preconstruction activities for a school facilities project
				included in the plan or amendment, the Commissioner shall establish in
				consultation with the SDA district an educational priority ranking of all
				school facilities projects in the SDA district based upon the Commissioner's
				determination of critical need in accordance with priority project categories
				developed by the Commissioner. The priority project categories shall include,
				but not be limited to, health and safety; overcrowding in the early childhood,
				elementary, middle, and high school grade levels; spaces necessary to provide
				in-district programs and services for current disabled students who are being
				served in out-of-district placements or in-district programs; and services for
				the projected disabled student population, rehabilitation and educational
				adequacy.
4. In consultation with
				the Commissioner, SDA districts, and the governing bodies of the municipalities
				in which the SDA districts are situated, the Development Authority shall
				establish a Statewide strategic plan pursuant to
				18A:7G-5.m to be used in the
				sequencing of SDA district school facilities projects based upon the projects'
				educational priority rankings and issues that impact the Development
				Authority's ability to complete the projects.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.10 - Design and construction of ROD school facilities projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				provisions of the Public School Contracts Law,
				18A:18A-1 et seq., and
				implementing rules are applicable to any school facilities project constructed
				by a school district.
(b) Prior to
				UCC approval for construction of a school facilities project, a school district
				shall submit to the Division the final plans and specifications for final
				approval pursuant to
				6A:26-5.4.
(c) Upon completion of a school facilities
				project by a school district, the school district shall submit to the
				Commissioner a plan for school facility maintenance in accordance with N.J.A.C.
				6A:26-20. All plans shall include a provision for a maintenance reserve fund.
				All maintenance reserve funds created in accordance with N.J.A.C. 6A:26-20
				shall be funded annually with two-tenths of one- percent of the net replacement
				cost of the school facility, which shall be included in the annual budget of
				the school district. The monies in the maintenance reserve fund may be
				withdrawn at any time during the year to fund the maintenance mandated by
				N.J.A.C. 6A:26-20. The net replacement cost of the school facility shall equal
				the area cost allowance multiplied by the gross square footage of the
				building.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.11 - Initiation of other capital projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Other
				capital projects shall be reviewed by the Division based on the following
				criteria:
1. Whether they are consistent with
				the school district's approved LRFP;
2. The total amount of funds the school
				district intends to expend to complete the other capital project;
3. The type of facility to be constructed;
				and
4. Whether the facility, if it
				is to house students, conforms to educational adequacy requirements at
				6A:26-5.2.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.12 - Acquisition of land by school districts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				acquisition of land, whether by purchase, condemnation, or by gift or grant, to
				be used as a school site shall comply with N.J.A.C. 6A:26-7 and receive
				approval thereunder.
(b) School
				districts may seek to acquire land as part of a school facilities project or
				prior to approval of a school facilities project. If approval for land
				acquisition is sought prior to approval of a school facilities project and the
				school facilities project is subsequently approved, such school facilities
				project shall be deemed to have included the land acquisition.
(c) Every land acquisition shall be approved
				by voters or the board of school estimate, unless otherwise provided in (c)1
				through 3 below:
1. If a school district
				intends to utilize school bonds to acquire the land prior to the approval of a
				school facilities project, the request for local-debt authorization shall state
				that the school bonds proceeds will be utilized to acquire land to be used for
				a school facilities project identified in the approved LRFP, and that the
				availability of State support for such a school facilities project will not be
				determined unless and until the school facilities project is submitted and
				approved as eligible for State support pursuant to EFCFA and this subchapter.
				School districts may also seek to acquire land as part of an other capital
				project or prior to its review and approval, if any.
2. If a school district intends to utilize
				funds in its capital reserve account to fund an acquisition of land for a
				school facilities project in its approved LRFP, voter approval of the
				withdrawal from capital reserve is not required if the appropriation to the
				capital reserve account for the acquisition of land receives voter approval
				pursuant to
				6A:23A-14.1.
3. If a school district utilizes funds other
				than school bonds or funds from the capital reserve account to acquire the
				land, except for gifts, grants, other private sources, and municipal surplus,
				the school district shall include as a line item in its annual school budget
				submitted to the voters the appropriation of funds for the land acquisition.
i. An approved line-item appropriation for
				the acquisition of land in the annual budget certified for taxes shall not
				become part of the pre-budget-year net budget for purposes of calculating the
				spending-growth limitation of the subsequent year pursuant to
				18A:7F-1 et seq. Unused spending
				authority calculated pursuant to
				6A:23A-10.3 that is created by
				such appropriation shall not be considered unused spending authority available
				to a district board of education in the next two budget years.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.14 - Emergency stabilization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Emergency
				stabilization must qualify as an emergency pursuant to
				18A:18A-7 and the rule
				promulgated pursuant thereto at
				N.J.A.C.
				5:34-6.1. Emergency stabilization is not
				eligible for State support, and therefore the costs incurred by the school
				district in undertaking the emergency stabilization will not be eligible for
				reimbursement by the State in the event that it is determined that an emergent
				condition exists after undertaking such stabilization.
(b) When a school district determines that an
				emergency exists pursuant to
				18A:18A-7, it shall undertake
				emergency stabilization as follows:
1. The
				school district shall, if possible, immediately undertake the actions
				necessary, including temporary repairs to alleviate the emergency;
2. The school district shall conform to the
				Public Schools Contract Law and the applicable rule at
				5:34-6.1 when undertaking such
				emergency stabilization; and
3. The
				school district shall proceed as set forth in (d) or (e) below if, after
				undertaking emergency stabilization, it is necessary to undertake an emergent
				project.
New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 3 - CAPITAL PROJECT REVIEW › Section 6A:26-3.15 - Insurance, damages awards, gifts, grants, other private sources of funds, and municipal surplus

Current through Register Vol. 56, No. 14, July 15, 2024
(a) School
				districts shall insure all insurable property, real or personal, in accordance
				with 18A:20-25.
(b) Insurance proceeds and damages awards
				received by a school district shall be applied as follows: if the school
				district applies for approval of a school facilities project involving a
				facility for which there are insurance proceeds or a damages award, the
				insurance proceeds and/or damages award shall be applied to reduce the amount
				of State support as follows:
1. For locally
				constructed school facilities projects for which a school district elects to
				receive a State share pursuant to
				18A:7G-15, the State share amount
				shall be reduced in the following manner:
i.
				Calculate the percentage of total project costs that would be funded by the
				State pursuant to
				6A:26-3.8 if no insurance proceeds
				and/or damages award were received by the school district;
ii. Multiply the percentage by the amount of
				insurance proceeds and/or damages award to which the school district is
				entitled, minus any amount that would exceed the eligible costs of the project;
				and
iii. Reduce the State share by
				the amount determined in step ii.