reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.12 - Termination of the grant agreement for cause

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority may terminate the grant agreement upon an event of default, which
				  shall include, but not be limited to:
1.
				  Failure by the district to observe and perform any duty, covenant, condition,
				  or agreement on its part to be observed or performed pursuant to the grant
				  agreement, which failure shall continue for a period of 30 days after receipt
				  of written notice specifying such failure and requesting that it be remedied is
				  given to the district by the Authority, unless the Authority shall agree, in
				  writing to an extension of such time prior to its expiration, provided,
				  however, that if the failure stated in such notice is correctable but cannot be
				  corrected within the applicable period, the Authority may not unreasonably
				  withhold its consent to an extension of such time up to 120 days from delivery
				  of the written notice referred to above or if corrective action is instituted
				  by the district within the applicable period and diligently pursued until the
				  event of default is corrected;
2.
				  Any representation made by or on behalf of the district contained in the grant
				  agreement, or in any instrument furnished in compliance with or with reference
				  to the grant agreement or the grant, is false or misleading in any material
				  respect;
3. A determination is made
				  by the Authority that:
i. The grant was
				  obtained by fraud; or
ii. Gross
				  abuse or corrupt practices have occurred in the administration of the school
				  facilities project by the district;
4. Subject to unavoidable delays, the
				  construction of the school facilities project has not commenced within 18
				  months after the commencement date;
5. Subject to unavoidable delays, the
				  construction of the school facilities project has not reached final completion
				  on or before the completion date;
6. The district has utilized grant moneys for
				  costs that are not approved costs;
7. Work on the school facilities project has
				  ceased without good cause as agreed to by the Authority. The term "good cause"
				  shall include, but not be limited to, circumstances beyond the control of the
				  district or any of the contracted parties such as fire, flood, riot, or
				  strike.
8. The district has
				  contracted with a contractor or a subcontractor in one of the four branches
				  specified at
				  N.J.S.A.
				  18A:18A-18 and such contractor or
				  subcontractor has not been prequalified;
9. The district has disbursed grant monies to
				  a firm which is debarred, suspended, or disqualified from State, NJEDA, or
				  Authority contracting or to a firm that has not been prequalified; or
10. The district fails to permit the
				  Authority or the Office of the Attorney General immediate entry or
				  inspection.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.13 - Termination by mutual agreement

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority and the district may terminate the grant
					 agreement when both parties agree that the continuation of the school
					 facilities project would not produce beneficial results commensurate with the
					 further expenditure of funds. The Authority and the district shall agree upon
					 the conditions for termination, including the date on which the termination
					 shall take effect. The closeout provisions specified at
					 N.J.A.C.
					 19:32-3.8 shall apply.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.14 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter or the application
					 thereof to any person or circumstances is held invalid by a court of competent
					 jurisdiction, such invalidity shall not affect other provisions or
					 applications, and to this end, the provisions of this chapter are declared to
					 be severable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.15 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals arising from decisions of the
				  Authority may be requested, in writing, and an opportunity given for any
				  informal hearing on the papers, in person, or by telephone with Authority
				  staff. Such written request for an informal hearing must be made within 30 days
				  of the receipt of the Authority's decision.
(b) In the event of an adverse decision after
				  an informal hearing pursuant to (a) above, or if a district determines not to
				  seek an informal hearing, and providing further, that the dispute or
				  controversy is a contested case, as defined at
				  N.J.S.A.
				  52:14B-2(b), a district may
				  request, within 45 days of the written decision resulting from the informal
				  hearing or the determination of the Authority if an informal hearing is not
				  sought, a formal hearing.
(c) Upon
				  filing of the initial pleading in a contested case, the Board of the Authority
				  may, by resolution, either retain the matter for hearing directly or transmit
				  the matter for hearing before the Office of Administrative Law. Such hearings
				  shall be governed by the provisions of the Administrative Procedure Act,
				  N.J.S.A.
				  52:14B-1 et seq., and 52:14F-1 et seq., and
				  the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(d) Every determination of a dispute or
				  controversy arising from this chapter by the Authority, constituting final
				  agency action by the Board, shall be embodied in a written decision which shall
				  set forth findings of fact and conclusions of law pursuant to the applicable
				  rules of the Office of Administrative Law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 19:32-1.17 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals
				  arising from decisions of the Authority may be requested in writing, and an
				  opportunity given for any informal hearing on the papers, in person or via
				  telephone with Authority staff. Such written request for an informal hearing
				  must be made within 30 days of the receipt of the Authority's
				  decision.
(b) In the event of an
				  adverse decision after an informal hearing under (a) above, or if a district
				  determines not to seek an informal hearing, and providing further, that the
				  dispute or controversy is a contested case, as defined in
				  52:14B-2(b), a
				  district may request, within 45 days of the written decision resulting from the
				  informal hearing or the determination of the Authority if an informal hearing
				  is not sought, a formal hearing.
(c) Upon filing of the initial pleading in a
				  contested case, the Board of the Authority may by resolution either retain the
				  matter for hearing directly or transmit the matter for hearing before the
				  Office of Administrative Law. Such hearings shall be governed by the provisions
				  of the Administrative Procedure Act,
				  52:14B-1 et seq. and 52:14F-1 et
				  seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(d) Every determination of a dispute or
				  controversy arising from this chapter by the Authority, constituting final
				  agency action by the Board, shall be embodied in a written decision which shall
				  set forth findings of fact and conclusions of law pursuant to the applicable
				  rules of the Office of Administrative Law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 2 - GRANT ELIGIBILITY REQUIREMENTS › Section 19:32-2.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the Authority's procedures and
					 requirements governing the eligibility determination for a grant and the
					 execution of every grant agreement pursuant to Section 15 of the Act. Any
					 affected district applying for a grant or having received a grant pursuant to
					 Section 15 of the Act shall at a minimum conform with the requirements of this
					 subchapter, as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 2 - GRANT ELIGIBILITY REQUIREMENTS › Section 19:32-2.3 - Eligibility determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To evidence
				  eligibility for a grant, the district shall submit to the Authority evidence of
				  the approvals required pursuant to
				  19:32-2.2.
(b) Eligibility determinations shall be made
				  in the order in which the requirements at (a) above have been met.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 2 - GRANT ELIGIBILITY REQUIREMENTS › Section 19:32-2.4 - Execution of the grant agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				  shall execute the grant agreement pursuant to such terms and conditions as the
				  Authority may determine in its sole discretion.
1. The grant agreement shall be executed by
				  an authorized officer. A true copy of the authorizing resolution of the
				  district shall also be submitted to the Authority at such time, together with
				  all certifications, opinions, and documents required to be submitted at the
				  time of execution of the grant agreement including, but not limited to, a
				  certificate executed by the school business administrator in the form to be
				  provided by the Authority.
2. Upon
				  execution of the grant agreement by the district, the district shall return the
				  grant agreement together with all applicable attachments to the Authority for
				  execution by the Authority, whereupon the Authority shall transmit a copy of
				  the executed grant agreement to the district.
3. The Authority shall have no obligation to
				  execute a grant agreement unless and until the Authority has determined that
				  all conditions precedent to the execution of the grant agreement have been
				  satisfied as the Authority may determine.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 2 - GRANT ELIGIBILITY REQUIREMENTS › Section 19:32-2.5 - No assignment of grant agreement or grant by the district

Current through Register Vol. 56, No. 14, July 15, 2024
The district shall not assign the grant agreement or its
					 right to receive disbursements of the grant. The Authority may, at any time and
					 in its sole option, assign the grant agreement to another instrumentality of
					 the State.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 2 - GRANT ELIGIBILITY REQUIREMENTS › Section 19:32-2.6 - Effect of grant awards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of
				  the execution of the grant agreement by the district and the Authority, the
				  grant for the school facilities project shall become effective and shall
				  constitute an obligation of moneys in the amount and for the purposes set forth
				  in the grant agreement
(b) The
				  award of the grant by the Authority shall not be used as a defense by the
				  district to any action brought against the district by any governmental agency
				  on account of the district's failure to comply with the Act or in order to
				  obtain any requisite permit, license, or operating certificate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 3 - DISBURSEMENT OF THE GRANT › Section 19:32-3.1 - Amount of the grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The grant shall be in the amount of the
				  State share and may be reduced upon final completion as set forth at (b)
				  below.
(b) Prior to final
				  completion and the final disbursement, the district shall certify to the
				  Authority the total costs of the school facilities project. If such amount is
				  less than the final eligible costs, the Authority shall adjust the amount of
				  the grant accordingly pursuant to the following:
1. The total costs shall be subtracted from
				  the final eligible costs;
2. The
				  amount determined at (b)1 above shall be multiplied by the district aid
				  percentage or 40 percent, whichever is greater; and
3. The number determined at (b)2 above shall
				  be subtracted from the original amount of the grant. The remaining number
				  represents the final amount of the grant.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 3 - DISBURSEMENT OF THE GRANT › Section 19:32-3.2 - Cost overruns

Current through Register Vol. 56, No. 14, July 15, 2024
Cost overruns of the school facilities project shall be
					 the sole responsibility of the district. The grant shall in no case exceed the
					 amount of the State share, and the award of the grant shall not commit the
					 Authority or the State to award any continuation or supplemental funds to cover
					 cost overruns of the school facilities project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 3 - DISBURSEMENT OF THE GRANT › Section 19:32-3.3 - Legal and/or equitable interest

Current through Register Vol. 56, No. 14, July 15, 2024
The district shall have no legal or equitable interest in
					 the assets of the NJEDA or the Authority or in any amount from time to time on
					 deposit in the funds and accounts of the NJEDA or the Authority which may
					 provide funding of the grant.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 3 - DISBURSEMENT OF THE GRANT › Section 19:32-3.4 - Disbursements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Disbursement of grant funds shall be made
				  at intervals as work progresses and expenses are incurred by the district and
				  approved by the Authority for payment. Total disbursements shall not exceed the
				  grant amount and in any case shall not exceed the State share. No disbursement
				  of the grant shall be made until the Authority receives all documentation
				  required for that disbursement, including all forms and information required by
				  the Authority and completed in a manner satisfactory to the Authority.
1. A request by the district that grant
				  monies be paid by the Authority shall be in writing, provide a complete
				  description of the approved costs incurred, be signed by an authorized officer
				  of the district, and include a voucher.
2. A request for disbursement shall only be
				  for approved costs which have already been incurred by the district.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 3 - DISBURSEMENT OF THE GRANT › Section 19:32-3.5 - Conditions precedent to payment of a disbursement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When all of
				  the following conditions precedent to the payment of a disbursement have been
				  met, the Authority will provide the district with the disbursement.
1. The grant agreement has been executed and
				  delivered;
2. No event of default
				  has occurred and is continuing;
3.
				  Costs listed in the request and voucher contain only approved costs;
4. The costs, including the costs paid by the
				  Authority previously, do not exceed the grant;
5. The applicable checklist, if any, has been
				  reviewed and approved by the Authority;
6. None of the items for which payment is
				  requested has formed the basis for any previous request for disbursement;
				  and
7. The district is in
				  compliance with all requirements of governmental authorities with respect to
				  the school facilities project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 3 - DISBURSEMENT OF THE GRANT › Section 19:32-3.6 - Checklists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district shall be required to report
				  to the Authority on the progress of the school facilities project by completing
				  various checklists at various time points during the design and construction of
				  the school facilities project as outlined in this section unless a district is
				  not required to submit one or more checklists prior to disbursement, pursuant
				  to N.J.A.C. 19:32-3.5. Such
				  checklists may, at the option of the Authority, be filed electronically.
1. Design phase: Upon completion of the
				  design of the school facilities project as evidenced by the approval by the
				  Department of the final plans and specifications, the district must complete
				  the design phase checklist in the form provided by the Authority which shall
				  evidence, to the satisfaction of the Authority, that the district has complied
				  with the PSCL and all other applicable laws and regulations regarding the
				  engagement of consultants by the district for the design of the school
				  facilities project.
2. Construction
				  phase: The district shall be required to provide the Authority a construction
				  checklist for each separate bid advertisement and ensuing contract prior to the
				  Authority's disbursement for construction percentage completed that includes
				  each such contract's work. The district shall be required to complete the
				  construction phase checklist in the form provided by the Authority which shall
				  provide evidence, to the satisfaction of the Authority, that the district has
				  complied with the PSCL and all other applicable laws and regulations in the
				  engagement of contractors for the school facilities project.
3. Final completion: Upon final completion,
				  the district shall complete the final completion checklist in the form provided
				  by the Authority to evidence, to the satisfaction of the Authority, that the
				  school facilities project has been completed and that all applicable laws and
				  regulations have been complied with.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 3 - DISBURSEMENT OF THE GRANT › Section 19:32-3.7 - Closeout procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Closeout shall occur when all applicable
				  administrative actions and all required work have been completed by the
				  district. This process shall include the steps enumerated below:
1. In the event there are any grant proceeds
				  which have not been expended on approved costs, such unexpended grant proceeds
				  shall be released to the Authority and the amount of the grant shall be reduced
				  by the amount of the unexpended proceeds.
2. Any proceeds of school bonds issued by the
				  district for the purpose of funding the local share of the school facilities
				  project which remain unspent upon completion of the school facilities project
				  shall be used by the district to reduce the outstanding principal amount of the
				  school bonds either through redeeming bonds at the earliest call date or
				  applying such proceeds to payment of principal as principal becomes due, as
				  further set forth at
				  N.J.A.C.
				  6A:26-4.6. In no event shall such proceeds be
				  utilized to pay the interest expense on the school bonds issued for any school
				  facilities project.
3. The district
				  shall refund to the Authority any grant funds spent on any costs which were
				  disallowed by the Authority as not being approved costs. Such refund shall be
				  made within 30 days of the request by the Authority.
4. If a final audit has not been performed on
				  behalf of the district prior to closeout of the school facilities project, the
				  Authority retains the right to recover any appropriate amount after full
				  consideration of any recommendation on disallowed costs resulting from the
				  final audit.
5. The Authority may
				  require additional information from the district or its consultants and
				  contractors and/or retain any grant amount not disbursed until closeout is
				  completed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 4 - UNDERTAKING THE SCHOOL FACILITIES PROJECT › Section 19:32-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district shall design and construct
				  the school facilities project pursuant to the plans and specifications and as
				  approved by the Department pursuant to N.J.S.A. 18A:7G-5. Any changes in the
				  school facilities project which may impact educational adequacy (the number,
				  size, configuration, location, or use of educational spaces) shall be reviewed
				  and approved by the Department as required at
				  N.J.A.C.
				  6A:23-7.1 and
				  6A:26-4.9 prior to such changes
				  being made. Notwithstanding anything to the contrary, any changes whether
				  reviewed by the Department or not, shall not be eligible for funding under the
				  grant agreement.
(b) The district
				  shall, with all due diligence, proceed to construct the school facilities
				  project in accordance with the plans and specifications. If during the
				  construction of the school facilities project, the district determines that a
				  change in a construction contract is required, it shall comply with any and all
				  requirements for approval of a request for a change order pursuant to
				  6A:26-4.9 and any other applicable
				  Department regulations.
(c) The
				  district shall promptly notify the Authority in writing of events or proposed
				  changes in the scope of the school facilities projects, the schedule for
				  completion and/or any other significant changed conditions concerning the
				  school facilities project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32A - PROCEDURES FOR COMPLIANCE WITH ALYSSA'S LAW › Subchapter 1 - GENERAL PROVISIONS › Section 19:32A-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is promulgated by the New Jersey Schools
					 Development Authority to effectuate the purposes of Alyssa's Law,
					 P.L.
					 2019, c. 33
					 (N.J.S.A.
					 18A:41-11), in conjunction with complementary
					 rules simultaneously enacted by the Commissioner of the Department of Education
					 (Department) at N.J.A.C. 6A:26A-4 to effectuate the Securing Our Children's
					 Future Bond Act,
					 P.L.
					 2018, c. 119. Alyssa's
					 Law provides that all school facilities shall include a panic alarm connected
					 to local law enforcement, and provides further that a portion of the proceeds
					 of general obligation bonds issued under the Bond Act shall be utilized to fund
					 the cost of the panic alarms required in school buildings under Alyssa's Law,
					 or other alternative mechanisms approved by the Department under the Bond Act.
					 This chapter is adopted in order to provide the mechanism whereby school
					 districts can demonstrate compliance with Alyssa's Law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32A - PROCEDURES FOR COMPLIANCE WITH ALYSSA'S LAW › Subchapter 1 - GENERAL PROVISIONS › Section 19:32A-1.2 - Construction of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to permit the
					 Authority to discharge its statutory obligations under Alyssa's
					 Law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32A - PROCEDURES FOR COMPLIANCE WITH ALYSSA'S LAW › Subchapter 2 - ALYSSA'S LAW COMPLIANCE AND SCHOOL SECURITY GRANTS TO FACILITATE COMPLIANCE WITH ALYSSA'S LAW › Section 19:32A-2.1 - Mandatory school district compliance with Alyssa's Law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each school district in the State is
				  required to demonstrate compliance with Alyssa's Law with respect to each
				  school building in such school district, by submitting, to the Authority, an
				  application for a compliance determination, identifying each school building in
				  the school district and providing documentation sufficient to enable the
				  Authority to evaluate and determine whether each school building is in
				  compliance with Alyssa's Law.
(b)
				  In order to be eligible to receive a school security project grant under
				  N.J.A.C. 6A:26A-4, a school district must submit an application to the
				  Authority for a compliance determination prior to, or simultaneous with, the
				  school district's application to the Commissioner for a school security project
				  grant under N.J.A.C. 6A:26A-4.
(c)
				  School districts that do not elect to apply to the Commissioner for a school
				  security project grant under N.J.A.C. 6A:26A-4must apply to the Authority for a
				  compliance determination no later than 60 days after the grant application
				  deadline established by the Commissioner for submission of applications for a
				  school security project grant under N.J.A.C. 6A:26A-4.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32A - PROCEDURES FOR COMPLIANCE WITH ALYSSA'S LAW › Subchapter 2 - ALYSSA'S LAW COMPLIANCE AND SCHOOL SECURITY GRANTS TO FACILITATE COMPLIANCE WITH ALYSSA'S LAW › Section 19:32A-2.2 - Demonstrating school district compliance with Alyssa's Law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order for a school district to
				  demonstrate compliance with the requirements of Alyssa's Law, it must submit,
				  to the Authority, proof that each school building in the district is equipped
				  with a silent panic alarm that, upon activation, transmits a signal or message
				  to the local municipal police department, or in the case of a school facility
				  in a municipality without a local municipal police department, transmits a
				  signal or message to a location designated by the Superintendent of the State
				  Police. Such proof shall be provided for each school building in the school
				  district, in the form of a certification of a law enforcement official with
				  jurisdiction in the municipality in which the school building is
				  located.
(b) A district may
				  demonstrate that a school building is compliant with Alyssa's Law, as an
				  alternative to (a) above, if such school building is equipped with an
				  alternative emergency mechanism that is approved by the Department.
(c) If a school district cannot demonstrate
				  compliance with the requirements of Alyssa's Law with respect to one or more of
				  the school buildings located in the school district, then the school district
				  must install a panic alarm or an approved alternative emergency mechanism in
				  such non-compliant school building and can apply to the Commissioner for a
				  grant covering the costs of such proposed installation, pursuant to the
				  procedures specified at N.J.A.C. 6A:26A-4.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32A - PROCEDURES FOR COMPLIANCE WITH ALYSSA'S LAW › Subchapter 2 - ALYSSA'S LAW COMPLIANCE AND SCHOOL SECURITY GRANTS TO FACILITATE COMPLIANCE WITH ALYSSA'S LAW › Section 19:32A-2.3 - School district application for Alyssa's Law compliance determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A school
				  district shall apply to the Authority for a compliance determination utilizing
				  the application form supplied by the Authority.
(b) The Authority shall review and evaluate
				  the district's compliance with Alyssa's Law based on information supplied by
				  the school district as part of the school district's application to the
				  Authority.
(c) The school district
				  shall provide, as part of the application, a full list of all school buildings
				  in the school district. The list shall be accompanied by a certification of the
				  superintendent or business administrator for the school district, attesting to
				  the completeness and accuracy of the list.
(d) For each school building on the school
				  district's list, the school district shall demonstrate whether the school
				  building is equipped with a panic alarm system that satisfies Alyssa's Law, in
				  accordance with N.J.A.C. 19:32A-2.2, by supplying the following:
1. The manufacturer's description of the
				  panic alarm system, or a brief description of the panic alarm system or
				  equipment to be installed, including a description of the method of operation
				  of the panic alarm for signaling local law enforcement, sufficient to
				  demonstrate how the proposed installation will satisfy the requirements of
				  Alyssa's Law;
2. Photo or video
				  evidence of the panic alarm installed in at least one location in the school
				  building; and
3. A certification,
				  in the form provided by the Authority, by a law enforcement official with
				  jurisdiction in the municipality in which the school building is located,
				  confirming that the school building is equipped with a panic alarm that, upon
				  activation, transmits a signal or message to the local municipal police
				  department, or in the case of a school building in a municipality without a
				  local municipal police department, transmits a signal or message to a location
				  designated by the Superintendent of State Police.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32A - PROCEDURES FOR COMPLIANCE WITH ALYSSA'S LAW › Subchapter 2 - ALYSSA'S LAW COMPLIANCE AND SCHOOL SECURITY GRANTS TO FACILITATE COMPLIANCE WITH ALYSSA'S LAW › Section 19:32A-2.4 - Determinations upon completion of compliance review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The SDA shall review the materials
				  submitted by the school district and shall determine, for each school building
				  listed by the school district, whether the school building is equipped with a
				  panic alarm in compliance with Alyssa's Law.
(b) As an alternative to (a) above, if upon
				  review of the materials submitted by the school district, the SDA determines
				  that a school building is equipped with a system or equipment that may
				  constitute an alternate emergency system, if approved by the Department, and if
				  approved, would satisfy the requirements of Alyssa's Law, the SDA shall
				  recommend that the Department approve the alternate emergency system, and if
				  approval is granted by the Department, the SDA shall determine the school
				  building to be in compliance with Alyssa's Law.
(c) The SDA shall provide the school district
				  with a notice of compliance determination for all school buildings demonstrated
				  to be in compliance with Alyssa's Law, and shall transmit such notice of its
				  determinations to the school district and the Commissioner to facilitate grant
				  applications for school security project grants.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32A - PROCEDURES FOR COMPLIANCE WITH ALYSSA'S LAW › Subchapter 2 - ALYSSA'S LAW COMPLIANCE AND SCHOOL SECURITY GRANTS TO FACILITATE COMPLIANCE WITH ALYSSA'S LAW › Section 19:32A-2.5 - Grant funding available to facilitate Alyssa's Law compliance

Current through Register Vol. 56, No. 14, July 15, 2024
In order to receive school security project grant funding
					 available for compliance with Alyssa's Law, a school district shall apply to
					 the Commissioner for a school security project grant, pursuant to N.J.A.C.
					 6A:26A-4.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32A - PROCEDURES FOR COMPLIANCE WITH ALYSSA'S LAW › Subchapter 2 - ALYSSA'S LAW COMPLIANCE AND SCHOOL SECURITY GRANTS TO FACILITATE COMPLIANCE WITH ALYSSA'S LAW › Section 19:32A-2.6 - Submission of certification upon completion of panic alarm or alternate emergency mechanism installations in compliance with Alyssa's Law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a school district completes an
				  installation of a panic alarm or alternate emergency mechanism in satisfaction
				  of Alyssa's Law at any school building previously included in a compliance plan
				  in accordance with N.J.A.C. 19:32A-2.3(e), the school district shall submit, to
				  the Authority, upon completion of the work, or at such other time as may be
				  specified at N.J.A.C. 6A:26A-4, or in any grant agreement relating to such
				  work, a certification of a law enforcement official as described at N.J.A.C.
				  19:32A-2.3(d)3.
(b) The school
				  district shall submit any other documentation reasonably requested by the
				  Authority to demonstrate a previously non-compliant school building's
				  compliance with Alyssa's Law, in order to permit the Authority to update its
				  compliance determination for the school district to include newly-compliant
				  school buildings.
(c) The Authority
				  shall provide an updated notice of compliance determination to the school
				  district and to the Department, upon the school district's submission of
				  documentation under this section, as additional panic alarm or alternate
				  emergency mechanism installations are completed, if the documentation submitted
				  is sufficient to demonstrate a school building's compliance with Alyssa's
				  Law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32A - PROCEDURES FOR COMPLIANCE WITH ALYSSA'S LAW › Subchapter 3 - APPEALS › Section 19:32A-3.1 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) School
				  districts may appeal decisions or determinations of the Authority under this
				  chapter, and such appeals shall be requested in writing, and an opportunity
				  given for an informal hearing on the papers, in person, or by telephone with
				  Authority staff. Such written request for an informal hearing must be made
				  within 30 days of the receipt of the Authority's decision.
(b) In the event of an adverse decision after
				  an informal hearing under (a) above, or if a school district determines not to
				  seek an informal hearing, and providing further, that the dispute or
				  controversy is a contested case, as defined at
				  N.J.S.A.
				  52:14B-2(b), a district may
				  request, within 45 days of the written decision resulting from the informal
				  hearing or the determination of the Authority if an informal hearing is not
				  sought, a formal hearing.
(c) Upon
				  filing of the initial pleading in a contested case, the Board of the Authority
				  may, by resolution, either retain the matter for a hearing directly or transmit
				  the matter for a hearing before the Office of Administrative Law. Such hearings
				  shall be governed by the provisions of the Administrative Procedure Act,
				  N.J.S.A.
				  52:14B-1et seq., and 52:14F-1 et seq., and
				  the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(d) Every determination of a dispute or
				  controversy arising from this chapter by the Authority, constituting final
				  agency action by the Board, shall be embodied in a written decision, which
				  shall set forth findings of fact and conclusions of law pursuant to the
				  applicable rules of the Office of Administrative Law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.1 - Scope, applicability, and definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in
				  this subchapter apply to requests under the Open Public Records Act,
				  N.J.S.A.
				  47:1A-1et seq., for access to government
				  records of the New Jersey Schools Development Authority.
(b) The following words and terms shall have
				  the following meanings, unless the context clearly indicates otherwise:
"Access" means the inspection, examination, or provision of
					 records to the requestor.
"Custodian" or "records custodian" means as set forth at
					 N.J.A.C.
					 19:33-1.2.
"Government record," "record," or "records" shall have the
					 same meaning as defined at
					 N.J.S.A.
					 47:1A-1.1.
"OPRA" means the Open Public Records Act,
					 N.J.S.A.
					 47:1A-1et seq.
"SDA" means the New Jersey Schools Development
					 Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.2 - Custodian of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				  P.L.
				  2001, c. 404, the Chief
				  Executive Officer of the SDA shall designate a records custodian who shall be
				  responsible for responding to OPRA requests directed to the SDA for access to
				  government records.
(b) The address
				  and other contact information for the records custodian shall be made available
				  to the public by posting on the SDA website at
www.njsda.gov
.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.3 - Requests for government records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All requests
				  under OPRA for access to government records made, maintained, kept on file, or
				  received in the ordinary course of business by the SDA, shall be in writing,
				  either on a form approved by the SDA, or in a written document that contains
				  the information set forth at (b) below.
(b) The requestor shall provide the following
				  information in his or her OPRA request:
1.
				  The name, address, and telephone number of the requestor;
2. A description of the specific,
				  identifiable government record sought, a preferred method of access (inspection
				  or copies) and, if copies are sought, the requested medium and mode of
				  delivery;
3. The maximum cost the
				  requestor is willing to pay to obtain access and/or copies of the requested
				  government record;
4. A
				  certification by the requestor that the requestor has not been convicted of an
				  indictable offense under the laws of this State, any other state, or the United
				  States; and
5. The date that the
				  requestor submits the request.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.4 - Procedures for requesting records in the custody of the SDA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  requestor's written OPRA request shall be addressed or directed to the SDA
				  records custodian (either by name or as "Records Custodian") and may be
				  delivered by any of the following methods:
1.
				  By hand-delivery during the SDA's normal business hours;
2. By regular mail;
3. By facsimile transmission; or
4. By electronic mail.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.5 - Delivery of records

Current through Register Vol. 56, No. 14, July 15, 2024
The records custodian shall notify the requestor when the
					 records are available and shall, if applicable, collect any outstanding fees
					 and charges prior to providing access to, or copies of, a requested government
					 record.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.6 - Failure to respond

Current through Register Vol. 56, No. 14, July 15, 2024
Except as provided at N.J.A.C. 19:33-1.8 or 1.9, the
					 records custodian shall grant or deny access to a requested record within seven
					 business days after receiving a completed request in accordance with
					 N.J.A.C.
					 19:33-1.4, or within such additional time as
					 may be allowed by law or this subchapter, or as may be agreed to by the
					 requestor. A records custodian's failure to respond to a request shall be
					 deemed a denial of the request, unless the requestor has elected not to provide
					 a name, address, telephone number, or other means of contact. If the requestor
					 has elected not to provide contact information, the records custodian shall not
					 be required to respond until seven business days after the requestor reappears
					 before the records custodian seeking a response to the original
					 request.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.7 - Requests for records stored offsite

Current through Register Vol. 56, No. 14, July 15, 2024
If the requested record is located in an offsite storage
					 facility outside of the regular business offices of the SDA, or is unavailable
					 because it is in active use, the records custodian shall so advise the
					 requestor within seven business days after the records custodian receives the
					 request. The records custodian shall advise the requestor of the date when the
					 record will be made available. If the record is not made available by the
					 identified date, the request shall be deemed denied.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.8 - Requests for copies of a government record in a specified medium

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				  otherwise specifically requested, copies of a record shall be provided in
				  printed form on ordinary business size paper or in the format in which the
				  document is maintained. The requestor may request that the SDA provide a copy
				  of a record in a specific medium. If the SDA maintains the government record in
				  the requested medium, the custodian shall provide the record in the medium
				  sought.
(b) If the SDA does not
				  maintain the government record in the medium requested, the records custodian
				  shall convert the record to the medium requested, if reasonable, or provide a
				  copy in another medium meaningful to the requestor. If a requestor asks for
				  copies of a record in a medium not routinely used, developed, or maintained by
				  the SDA, or in a medium that would require a substantial amount of manipulation
				  or programming of information technology, the records custodian may assess, in
				  addition to the actual cost of duplication, a special charge that shall be
				  based upon the cost of the extensive use of information technology and/or the
				  cost of labor required for programming, clerical, and supervisory assistance.
				  The requestor shall be given the opportunity to review and object to the charge
				  prior to its being assessed. If the requestor objects to the charge and refuses
				  to withdraw the request, the records custodian may deny the request after
				  attempting to reach a reasonable solution that accommodates the interests of
				  the requestor and the SDA.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.9 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing
				  any period of time pursuant to
				  N.J.S.A.
				  47:1A-1et seq., and this subchapter, the
				  business day upon which a completed written request for access to government
				  records is received shall not be included. The last business day of the period
				  shall be included in the calculation.
(b) For purposes of
				  N.J.S.A.
				  47:1A-1et seq., and this subchapter, a
				  request for access is deemed to be complete when the requestor provides
				  information required at
				  N.J.A.C.
				  19:33-1.3(b)  and pre-pays
				  the fees required at
				  N.J.S.A.
				  47:1A-1et seq., and this
				  subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.10 - Computation of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The cost for
				  copies of a government record shall be as indicated at
				  N.J.S.A.
				  47:1A-5.b. There is no cost for the emailing
				  of records.
(b) Special service
				  charges will be based on the hourly rate of the lowest paid qualified employee
				  when calculating the labor portion of the special service charge pursuant to
				  N.J.S.A.
				  47:1A-5.c and d.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.11 - Records held offsite

Current through Register Vol. 56, No. 14, July 15, 2024
SDA records held by the Records Management Service of the
					 Division of Revenue and Enterprise Services (DORES) in the Department of the
					 Treasury or in an offsite storage facility outside of the regular business
					 offices of the SDA shall remain the legal property of the SDA and requests for
					 access to such records must be submitted directly to the SDA's records
					 custodian. In the event that records of the SDA have reached the age at which
					 they are required to be sent to the State Archives in DORES and were, in fact,
					 sent to the State Archives for storage, such records have become the legal
					 property of the State Archives, and requests for access to such records must be
					 submitted directly to the State Archives.