[First Reprint]

SENATE, No. 3804

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED MAY 11, 2023

 


 

Sponsored by:

Senator  DOUGLAS J. STEINHARDT

District 23 (Hunterdon, Somerset and Warren)

 

 

 

 

SYNOPSIS

     Increases sending district representation on receiving district’s board of education in certain circumstances.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Education Committee on November 27, 2023, with amendments.

  


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 1[subparagraph] paragraph1 (1) of 1[subsection b. of]1 this 1[section] subsection1, comprise at least 10 percent of the total enrollment of the pupils in the grades of 1[the] a1 receiving district 1that is located in a county of the third class, having a population greater than 100,000 people but less than 120,000 people according to the 2020 federal decennial census,1 in which the pupils of the sending districts will be enrolled, 1[they] the sending districts1 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) 1If the total number of pupils of two or more sending districts, which do not qualify for representation under subsection a. of this section or paragraphs (1) or (2) of this subsection, 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, the sending districts may have collectively one representative on the receiving district’s board of education, subject to the approval of a majority of the board’s members.  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.

     (4)1 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) 1[and] ,1 (2) 1, or (3)1 of 1[subsection b. of]1 this 1[section] subsection1, 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 1voting1 members on a receiving board with originally nine or more 1voting1 members, two additional 1voting1 members on a receiving board with originally seven or eight 1voting1 members, and one additional 1voting1 member on a receiving board with originally less than seven 1voting1 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.