S3804

An Act concerning board of education representation for districts involved in sending-receiving relationships and amending P.L.1995, c.8.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1995, c.8 (C.18A:38-8.2) is amended to read as follows:

2. A school district which is sending pupils to another school district pursuant to N.J.S.18A:38-8 shall have representation on the board of education of the receiving school district as follows:

a. (1) If the pupils of the sending district comprise less than 10 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending district will be enrolled, the sending district shall have no representation on the receiving district board of education.

(2) If the pupils of the sending district comprise at least 10 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending district will be enrolled, the sending district shall have one representative on the receiving district board of education.

b. (1) If the total number of pupils of two or more sending districts, which do not qualify for representation under subsection a. of this section, comprise at least 15 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending districts will be enrolled, they shall have collectively two representatives on the receiving district board of education. The annual designation of the representatives, in the event more than two districts collectively qualify under this subsection, shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

(2) If the total number of pupils of two or more sending districts, which do not qualify for representation under subsection a. of this section or subparagraph (1) of subsection b. of this section, comprise at least 10 percent of the total enrollment of the pupils in the grades of the receiving district in which the pupils of the sending districts will be enrolled, they shall have collectively one representative on the receiving district’s board of education. The annual designation of the representative shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

(3) If the receiving district has pupils enrolled from two or more sending districts, which do not qualify for representation under subsection a. of this section or paragraphs (1) and (2) of subsection b. of this section, the sending districts shall collectively have one non-voting representative on the receiving district board of education. The annual designation of the representative shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

c. Notwithstanding the provisions of subsections a. and b. of this section, the number of representatives designated by the sending districts to be additional members shall not exceed three additional members on a receiving board with originally nine or more members, two additional members on a receiving board with originally seven or eight members, and one additional member on a receiving board with originally less than seven members. In the event that this restriction results in an unequal representation of sending districts, the annual designation of the representative or representatives shall be rotated among the boards of education of the sending districts according to a schedule determined by the joint agreement of the boards.

d. A representative of a sending district board of education shall be designated at the meeting of the board which is closest in time to the annual organizational meeting of the receiving district board of education and shall serve a one-year term beginning with the organizational meeting of the receiving district board. The representative shall be subject to the rules and procedures of the receiving district board of education.

e. The calculation of percentages required under this section shall be based on the number of pupils reported as of the last school day prior to October 16 of each prebudget year.

(cf: P.L.1996, c.138, s.65)

2. This act shall take effect immediately.

STATEMENT

This bill increases sending district representation on a receiving district’s board of education in certain circumstances.

Under current law, a sending district is entitled to representation on a receiving district’s board of education when the sending district’s students comprise at least 10 percent of the total enrollment of the students in the grades of the receiving district. If two or more sending districts do not individually meet this percent threshold, but collectively comprise at least 15 percent of the total enrollment of the relevant grades of the receiving district, the sending districts are required to collectively have two representatives on the receiving district’s board of education.

This bill provides that two or more sending districts who do not individually meet the 15 percent threshold, but collectively comprise at least 10 percent of the total enrollment of the relevant grades of the receiving district, are to have one representative on the receiving district’s board of education.

Additionally, the bill stipulates that if two or more sending districts collectively comprise less than 10 percent of the total enrollment of students in the relevant grades in the receiving district, the sending districts are to collectively have one non-voting representative on the receiving district’s board of education.