Requires Type II school district without board of school estimate holding its school election in November to receive voter approval of base budget.

A1236

ASSEMBLY, No. 1236

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Requires Type II school district without board of
school estimate holding its school election in November to receive voter
approval of base budget.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the operation of school districts and
amending various parts of the statutory law.

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

���� 1.��� Section 5 of P.L.1996,
c.138 (C.18A:7F-5) is amended to read as follows:

���� 5.��� As used in this section,
"cost of living" means the CPI as defined in section 3 of P.L.2007,
c.260 (C.18A:7F-45).

���� a.���� Within 30 days
following the approval of the Educational Adequacy Report, the commissioner
shall notify each district of the base per pupil amount, the per pupil amounts
for full-day preschool, the weights for grade level, county vocational school
districts, at-risk pupils, bilingual pupils, and combination pupils, the cost
coefficients for security aid and for transportation aid, the State average
classification rate and the excess cost for general special education services
pupils, the State average classification rate and the excess cost for
speech-only pupils, and the geographic cost adjustment for each of the school
years to which the report is applicable.

���� Annually, within two days
following the transmittal of the State budget message to the Legislature by the
Governor pursuant to section 11 of P.L.1944, c.112 (C.52:27B-20), the
commissioner shall notify each district of the maximum amount of aid payable to
the district in the succeeding school year pursuant to the provisions of
P.L.2007, c.260 (C.18A:7F-43 et al.), and shall notify each district of the
district's adequacy budget for the succeeding school year.

���� For the 2008-2009 school year
and thereafter, unless otherwise specified within P.L.2007, c.260 (C.18A:7F-43
et al.), aid amounts payable for the budget year shall be based on budget year
pupil counts, which shall be projected by the commissioner using data from
prior years.� Adjustments for the actual pupil counts of the budget year shall
be made to State aid amounts payable during the school year succeeding the
budget year.� Additional amounts payable shall be reflected as revenue and an
account receivable for the budget year.

���� Notwithstanding any other
provision of this act to the contrary, each district's State aid payable for
the 2008-2009 school year, with the exception of aid for school facilities
projects, shall be based on simulations employing the various formulas and State
aid amounts contained in P.L.2007, c.260 (C.18A:7F-43 et al.).� The
commissioner shall prepare a report dated December 12, 2007 reflecting the
State aid amounts payable by category for each district and shall submit the
report to the Legislature prior to the adoption of P.L.2007, c.260 (C.18A:7F-43
et al.).� Except as otherwise provided pursuant to this subsection and
paragraph (3) of subsection d. of section 5 of P.L.2007, c.260 (C.18A:7F-47),
the amounts contained in the commissioner's report shall be the final amounts
payable and shall not be subsequently adjusted other than to reflect the
phase-in of the required general fund local levy pursuant to paragraph (4) of
subsection b. of section 16 of P.L.2007, c.260 (C.18A:7F-58) and to reflect
school choice aid to which a district may be entitled pursuant to section 20 of
that act. The projected pupil counts and equalized valuations used for the
calculation of State aid shall also be used for the calculation of adequacy
budget, local share, and required local share.� For 2008-2009, extraordinary
special education State aid shall be included as a projected amount in the
commissioner's report dated December 12, 2007 pending the final approval of
applications for the aid.� If the actual award of extraordinary special
education State aid is greater than the projected amount, the district shall
receive the increase in the aid payable in the subsequent school year pursuant
to the provisions of subsection c. of section 13 of P.L.2007, c.260
(C.18A:7F-55). If the actual award of extraordinary special education State aid
is less than the projected amount, other State aid categories shall be adjusted
accordingly so that the district shall not receive less State aid than as
provided in accordance with the provisions of sections 5 and 16 of P.L.2007,
c.260 (C.18A:7F-47 and C.18A:7F-58).

���� In the event that the
commissioner determines, following the enactment of P.L.2007, c.260
(C.18A:7F-43 et al.) but prior to the issuance of State aid notices for the
2008-2009 school year, that a significant district-specific change in data
warrants an increase in State aid for that district, the commissioner may
adjust the State aid amount provided for the district in the December 12, 2007
report to reflect the increase.

���� b.��� Each district shall have
a required local share.� For districts that receive educational adequacy aid
pursuant to subsection b. of section 16 of P.L.2007, c.260 (C.18A:7F-58), the
required local share shall be calculated in accordance with the provisions of
that subsection.

���� For all other districts, the
required local share shall equal the lesser of the local share calculated at
the district's adequacy budget pursuant to section 9 of P.L.2007, c.260
(C.18A:7F-51), or the district's budgeted local share for the prebudget year.

���� In order to meet this
requirement, each district shall raise a general fund tax levy which equals its
required local share.

���� No municipal governing body or
bodies or board of school estimate, as appropriate, shall certify a general
fund tax levy which does not meet the required local share provisions of this
section.

���� c.���� Annually, on or before
March 4, or on or before March 20 in the case of a school district with an
annual school election in November, each district board of education shall
adopt, and submit to the commissioner for approval, together with such
supporting documentation as the commissioner may prescribe, a budget that
provides for a thorough and efficient education. Notwithstanding the provisions
of this subsection to the contrary, the commissioner may adjust the date for
the submission of district budgets if the commissioner determines that the
availability of preliminary aid numbers for the subsequent school year warrants
such adjustment.

���� Notwithstanding any provision
of this section to the contrary, for the 2005-2006 school year each district
board of education shall submit a proposed budget in which the advertised per
pupil administrative costs do not exceed the lower of the following:

���� (1)�� the district's
advertised per pupil administrative costs for the 2004-2005 school year
inflated by the cost of living or 2.5 percent, whichever is greater; or

���� (2)�� the per pupil
administrative cost limits for the district's region as determined by the
commissioner based on audited expenditures for the 2003-2004 school year.

���� The executive county
superintendent of schools may disapprove the school district's 2005-2006
proposed budget if he determines that the district has not implemented all
potential efficiencies in the administrative operations of the district.� The
executive county superintendent shall work with each school district in the
county during the 2004-2005 school year to identify administrative
inefficiencies in the operations of the district that might cause the
superintendent to reject the district's proposed 2005-2006 school year budget.

���� For the 2006-2007 school year
and each school year thereafter, each district board of education shall submit
a proposed budget in which the advertised per pupil administrative costs do not
exceed the lower of the following:

���� (1)�� the district's prior
year per pupil administrative costs; except that the district may submit a
request to the commissioner for approval to exceed the district's prior year
per pupil administrative costs due to increases in enrollment, administrative
positions necessary as a result of mandated programs, administrative vacancies,
nondiscretionary fixed costs, and such other items as defined in accordance
with regulations adopted pursuant to section 7 of P.L.2004, c.73.� In the event
that the commissioner approves a district's request to exceed its prior year
per pupil administrative costs, the increase authorized by the commissioner
shall not exceed the cost of living or 2.5 percent, whichever is greater; or

���� (2)�� the prior year per pupil
administrative cost limits for the district's region inflated by the cost of
living or 2.5 percent, whichever is greater.

���� �d.�� (1)� A district's
general fund tax levy shall not exceed the district's adjusted tax levy as
calculated pursuant to sections 3 and 4 of P.L.2007, c.62 (C.18A:7F-38 and
18A:7F-39).

���� (2)�� (Deleted by amendment,
P.L.2007, c.260).

���� (3)�� (Deleted by amendment,
P.L.2007, c.260).

���� (4)�� Any debt service payment
made by a school district during the budget year shall not be included in the
calculation of the district's adjusted tax levy.

���� (5)�� (Deleted by amendment,
P.L.2007, c.260).

���� (6)�� (Deleted by amendment,
P.L.2007, c.260).

���� (7)�� (Deleted by amendment,
P.L.2004, c.73).

���� (8)�� (Deleted by amendment,
P.L.2010, c.44)

���� (9)�� Any district may submit
at the annual school budget election, in accordance with subsection c. of
section 4 of P.L.2007, c.62 (C.18A:7F-39), a separate proposal or proposals for
additional funds, including interpretive statements, specifically identifying
the program purposes for which the proposed funds shall be used, to the voters,
who may, by voter approval, authorize the raising of an additional general fund
tax levy for such purposes.� In the case of a district with a board of school
estimate, one proposal for the additional spending shall be submitted to the
board of school estimate. Any proposal or proposals submitted to the voters or
the board of school estimate shall not: include any programs and services that
were included in the district's prebudget year net budget unless the proposal
is approved by the commissioner upon submission by the district of sufficient
reason for an exemption to this requirement; or include any new programs and
services necessary for students to achieve the thoroughness standards
established pursuant to subsection a. of section 4 of P.L.2007, c.260
(C.18A:7F-46).

���� The executive county
superintendent of schools may prohibit the submission of a separate proposal or
proposals to the voters or board of school estimate if he determines that the
district has not implemented all potential efficiencies in the administrative
operations of the district, which efficiencies would eliminate the need for the
raising of an additional general fund tax levy.

���� (10)� Notwithstanding any
provision of law to the contrary, if a district proposes a budget with a
general fund tax levy and equalization aid which exceed the adequacy budget,
the following statement shall be published in the legal notice of public hearing
on the budget pursuant to N.J.S.18A:22-28, posted at the public hearing held on
the budget pursuant to N.J.S.18A:22-29, and printed on the sample ballot
required pursuant to section 10 of P.L.1995, c.278 (C.19:60-10):

���� "Your school district has
proposed programs and services in addition to the core curriculum content
standards adopted by the State Board of Education.� Information on this budget
and the programs and services it provides is available from your local school
district."

���� (11)� Any reduction that may
be required to be made to programs and services included in a district's
prebudget year net budget in order for the district to limit the growth in its
budget between the prebudget and budget years by its tax levy growth limitation
as calculated pursuant to sections 3 and 4 of P.L.2007, c.62 (C.18A:7F-38 and
18A:7F-39), shall only include reductions to excessive administration or
programs and services that are inefficient or ineffective.

���� e.���� (1) �Any general fund
tax levy rejected by the voters for a proposed budget that includes a general
fund tax levy and equalization aid in excess of the adequacy budget shall be
submitted to the governing body of each of the municipalities included within
the district for determination of the amount that should be expended
notwithstanding voter rejection.� In the case of a district having a board of
school estimate, other than a Type II district with a board of school estimate
in which the annual election is in November, the general fund tax levy shall be
submitted to the board for determination of the amount that should be
expended.� If the governing body or bodies or board of school estimate, as
appropriate, reduce the district's proposed budget, the district may appeal any
of the reductions to the commissioner on the grounds that the reductions will
negatively impact on the stability of the district given the need for long term
planning and budgeting.� In considering the appeal, the commissioner shall
consider enrollment increases or decreases within the district; the history of
voter approval or rejection of district budgets; the impact on the local levy;
and whether the reductions will impact on the ability of the district to
fulfill its contractual obligations.� A district may not appeal any reductions
on the grounds that the amount is necessary for a thorough and efficient
education.

���� (2)�� Any general fund tax
levy rejected by the voters for a proposed budget that includes a general fund
tax levy and equalization aid at or below the adequacy budget shall be
submitted to the governing body of each of the municipalities included within
the district for determination of the amount that should be expended
notwithstanding voter rejection.� In the case of a district having a board of
school estimate, other than a Type II district with a board of school estimate
in which the annual election is in November, the general fund tax levy shall be
submitted to the board for determination.� Any reductions may be appealed to
the commissioner on the grounds that the amount is necessary for a thorough and
efficient education or that the reductions will negatively impact on the
stability of the district given the need for long term planning and budgeting.�
In considering the appeal, the commissioner shall also consider the factors
outlined in paragraph (1) of this subsection.

���� In addition, the municipal
governing body or board of school estimate shall be required to demonstrate
clearly to the commissioner that the proposed budget reductions shall not
adversely affect the ability of the school district to provide a thorough and
efficient education or the stability of the district given the need for long
term planning and budgeting.

���� (3)�� In lieu of any budget
reduction appeal provided for pursuant to paragraphs (1) and (2) of this
subsection, the State board may establish pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), an expedited budget
review process based on a district's application to the commissioner for an
order to restore a budget reduction.

���� (4)�� When the voters,
municipal governing body or bodies,
[
board
of education in the case of a school district in which the annual school
election has been moved to November pursuant to subsection a. of section 1 of
P.L.2011, c.202 (C.19:60-1.1),
]

or the board of school estimate authorize the general fund tax levy, the
district shall submit the resulting budget to the commissioner within 15 days
of the authorization.

���� f.���� (Deleted by amendment,
P.L.2007, c.260).

���� g.��� (Deleted by amendment,
P.L.2007, c.260).

(cf: P.L.2013, c.280, s.1)

���� 2.��� Section 41 of P.L.2011,
c.202 (C.18A:7F-5.4) is amended to read as follows:

���� 41.� A board of education of a
school district in which the annual school election has been moved to November
pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1)
[
and which has
determined to submit a proposal or proposals for additional funds to the voters
at the annual school election pursuant to paragraph (9) of subsection d. of
section 5 of P.L.1996, c.138 (C.18A:7F-5),
]

shall adopt and submit to the commissioner for approval pursuant to subsection
c. of section 5 of P.L.1996, c.138 (C.18A:7F-5), a temporary budget for the
school year pending the approval or disapproval of the
[
proposal or
proposals for additional funds
]

general fund tax levy
by the voters. The temporary budget shall be
calculated pursuant to the provisions of paragraph (1)
and paragraph (9)

of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5) or P.L.2007, c.62
(C.18A:7F-37 et al.), as appropriate.

(cf: P.L.2011, c.202, s.41)

���� 3.��� Section 42 of P.L.2011,
c.202 (C.18A:7F-5.5) is amended to read as follows:

���� 42.� In the case of a school
district in which the annual school election has been moved to November
pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1), if the
voters
fail to
authorize the
[
proposal
or proposals for additional funds pursuant to paragraph (9) of subsection d. of
section 5 of P.L.1996, c.138 (C.18A:7F-5)
]

general fund tax levy
, the district shall submit the resulting final
budget to the commissioner within 15 days of the
[
action of the voters
]

appropriate
authorization pursuant to paragraph (4) of subsection e. of section 5 of
P.L.1996, c.138 (C.18A:7F-5)
. If the voters
[
fail to
]
authorize the
[
proposal or
proposals for additional funds
]

general fund tax levy
, the temporary budget shall be the final budget
for the district for that school year.

(cf: P.L.2011, c.202, s.42)

���� 4.��� Section 43 of P.L.2011,
c.202 (C.18A:7F-5.6) is amended to read as follows:

���� 43.� In the case of a school
district in which the annual school election has been moved to November
pursuant to subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1), if the
voters
fail to
approve
[
a
proposal or proposals for additional funds pursuant to paragraph (9) of
subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5)
]

the
general fund tax levy and the district�s budget is reduced pursuant to the
provisions of subsection e. of section 5 of P.L.1996, c.138 (C.18A:7F-5) or if
the voters fail to approve a proposal or proposals for additional funds
,
the secretary of the board of education shall re-certify to the county board of
taxation the sum or sums to be raised by special district tax for the school
year. The amount re-certified shall be included in the taxes assessed, levied
and collected in the municipality or municipalities comprising the district.

(cf: P.L.2011, c.202, s.43)

���� 5.��� Section 44 of P.L.2011,
c.202 (C.18A:7F-5.7) is amended to read as follows:

���� 44.� The Director of the
Division of Local Government Services in the Department of Community Affairs
and the Director of the Division of Taxation in the Department of the Treasury,
in consultation with the Commissioner of Education, shall take such action as
deemed necessary for the delivery of estimated tax bills and the
recertification of the school district tax levy pursuant to section 43 of
P.L.2011, c.202 (C.18A:7F-5.6) for districts in which the annual school
election is in November
[
and
that determine to submit proposal or proposals for additional funds pursuant to
paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5)
]
.

(cf: P.L.2011, c.202, s.44)

���� 6.��� N.J.S.18A:8-20 is
amended to read as follows:

���� 18A:8-20.�� The first board of
education of the new district and the first board of education of the remaining
district shall each prepare and submit
[
,
if applicable,
]

to the voters of the district, as required by law, the first budgets for said
district and they shall make proper provision for an election to be conducted,
in accordance with the provisions of P.L.1995, c.278
(C.19:60-1 et al.), for the members of the board of education of
the district to replace the appointed members of the board, for such terms that
three members of the board of the district, as thereafter constituted, will be
elected each year, at an annual election to be held in the district at the same
time as that on which the next annual election for the original district would
have been held.

(cf: P.L.2011, c.202, s.4)

���� 7.��� N.J.S.18A:13-17 is
amended to read as follows:

���� 18A:13-17.���
[
a.
]
� The regional
board of education shall, at each annual
[
April
]
school
election, submit to the voters of the regional district the amount of money
fixed and determined in its budget to be voted upon for the use of the regional
schools of the district for the ensuing school year
in the case of an April
school election or the current school year in the case of a November school
election
and may submit thereat any other question authorized by this law
to be submitted at such an election. The board may, in submitting to the voters
the amount of money to be voted upon for the use of the regional schools of the
district, identify the amount of money determined to be the constituent
municipality's share. The board shall follow the procedures established in
section 5 of P.L.1996, c.138 (C.18A:7F-5) and N.J.S.18A:22-33.

����
[
b.� In the case of a regional
district in which the annual school election is in November, the regional board
of education shall fix and determine the district's budget for the ensuing
school year and may submit at the annual school election any question authorized
by law to be submitted at such an election. The board shall follow the
procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5),
N.J.S.18A:22-33, and section 41 of P.L.2011, c.202 (C.18A:7F-5.4).
]

(cf: P.L.2011, c.202, s.13)

���� 8.��� N.J.S.18A:13-19 is
amended to read as follows:

���� 18A:13-19.��� a. �If the
voters reject any of the items submitted at the annual
[
April
]
school
election, within two days thereafter the board of education of the regional
district shall certify to the governing body of each municipality, included
within the regional district, the item or items so rejected
[
, and such
]
.�
In the
case of an April school election, the
governing bodies, after consultation
with the board
[
,
]
and no later
than May 19
,
shall determine the amount or amounts for the ensuing
school year and cause the same to be certified by the respective municipal
clerks to the board of education of the regional district. �
In the case of a
November school election, the governing bodies, after consultation with the
board and no later than a date determined by the Commissioner of Education,
shall determine the amount or amounts for the current school year and cause the
same to be certified by the respective municipal clerks to the board of
education of the regional district.
The board and the governing bodies
shall follow the procedures established in section 5 of P.L.1996, c.138
(C.18A:7F-5) and N.J.S.18A:22-37.

���� b.��� Notwithstanding the
provisions of subsection a. of this section to the contrary, whenever the
Commissioner of Education changes the annual school election date pursuant to
section 1 of P.L.1995, c.278 (C.19:60-1), the commissioner shall change the
deadline set forth in subsection a. of this section by which date the governing
bodies are required to determine the amount for the ensuing school year and
cause the same to be certified to the board of education of the regional
district.� The commissioner in changing the deadline shall ensure that the
number of calendar days from the changed date of the annual school election to
the deadline is no less than the number of calendar days from the third Tuesday
of April to May 19 of that calendar year.

(cf: P.L.2013, c.173, s.1)

���� 9.��� N.J.S.18A:13-40 is
amended to read as follows:

���� 18A:13-40.��� The board of
education of a newly created regional district may, prior to taking charge and
control of the educational facilities of the regional district, do all other
acts and things which may be necessary for the proper organization and
functioning of the public schools of the regional district during its first
year, including the making of contracts for the employment of necessary
personnel and for other proper purposes, the preparation and
[
, if
applicable,
]

submission to the voters of the regional district for their approval or
disapproval of the budget and the appropriations for the conduct of the public
schools of the regional district during its first school year, the
authorization of the purchase of real and personal property, and the
construction, enlargement and repair of buildings, for school purposes, and the
appropriations of the funds necessary to carry out the same and the
authorization of the issuance and sale of bonds in order to provide for the
payment therefor in whole or in part and the calling and holding of special
elections when necessary for any such purposes and to carry out any or all of
said purposes.

(cf: P.L.2011, c.202, s.15)

���� 10.� N.J.S.18A:22-33 is
amended to read as follows:

���� 18A:22-33.��� a. �The board of
education of a type II district not having a board of school estimate shall at
the April school election, submit to the voters of the district, the amount of
money fixed and determined in its budget pursuant to section 5 of P.L.1996,
c.138 (C.18A:7F-5), excluding therefrom the sum or sums stated therein to be
used for interest and debt redemption charges, in the manner provided by law,
to be voted upon for the use of the public schools of the district for the
ensuing school year, which amount shall be stated in the notice of the
election, and the legal voters of the district shall determine at the April
election, by a majority vote of those voting upon the proposition, the sum or
sums, not exceeding those stated in the notice of the election, to be raised by
special district tax for said purposes, in the district during the ensuing
school year and the secretary of the board of education shall certify the
amount so determined upon, if any, and the sums so stated for interest and debt
redemption charges, to the county board of taxation of the county within two
days following the certification of the election results and the amount or
amounts so certified shall be included in the taxes assessed, levied and
collected in the municipality or municipalities comprising the district for
such purposes; except that, in the case of a district which , following the
school election and the approval by the voters of the sum to be raised by
special district tax for the schools of the district, determines that it has a
greater surplus account available for the school year than estimated when the
sum to be raised by special district tax was presented to the voters, the
secretary of the board of education, with the approval of the commissioner, may
between the date of the school election and the delivery of tax bills pursuant
to R.S.54:4-64 re-certify to the county board of taxation the sum or sums to be
raised by special district tax in the district during the ensuing school year,
if the sum is lower than that approved by the voters in the school election,
and if the reduction is equivalent to the additional amount available in the
surplus account to be applied towards the district's budget. The amount
re-certified shall be included in the taxes assessed, levied and collected in
the municipality or municipalities comprising the district.

���� b.��� In the case of a
district in which the annual school election is in November pursuant to
subsection a. of section 1 of P.L.2011, c.202 (C.19:60-1.1), by May 19 the
secretary of the board of education shall certify the amount fixed and
determined by the school board pursuant to N.J.S.18A:22-32
[
other than any
additional funds to be voted upon by the legal voters of the district
]
and the sums
so stated for interest and debt redemption charges, to the county board of
taxation of the county and the amount or amounts so certified shall be included
in the taxes assessed, levied and collected in the municipality or
municipalities comprising the district for such purposes; except that, in the
case of a district which determines that it has a greater surplus account
available for the school year than estimated when the sum to be raised by
special district tax was certified to the county board of taxation of the
county, the secretary of the board of education, with the approval of the
commissioner, may between May 19 and the delivery of tax bills pursuant to
R.S.54:4-64 re-certify to the county board of taxation the sum or sums to be
raised by special district tax in the district during the ensuing school year,
if the sum is lower than that initially certified to the county board of
taxation of the county, and if the reduction is equivalent to the additional
amount available in the surplus account to be applied towards the district's
budget. The amount re-certified shall be included in the taxes assessed, levied
and collected in the municipality or municipalities comprising the district.

(cf: P.L.2011, c.202, s.20)

���� 11.� N.J.S.18A:22-37 is
amended to read as follows:

���� 18A:22-37.��� If the voters
reject any of the items submitted at the annual
[
April
]
school election, the board of
education shall deliver the proposed school budget pursuant to section 5 of
P.L.1996, c.138 (C.18A:7F-5) to the governing body of the municipality, or of
each of the municipalities included in the district within two days thereafter.�
The governing body of the municipality, or of each of the municipalities,
included in the district shall, after consultation with the board, and by May
19
in the case of an April school election or by a date determined by the
Commissioner of Education in the case of a November school election
,
determine the amount which, in the judgment of the body or bodies, is necessary
to be appropriated for each item appearing in the budget, pursuant to section 5
of P.L.1996, c.138 (C.18A:7F-5) and certify,
or re-certify as appropriate in
the case of a November school election,
� to the county board of taxation
the totals of the amount so determined to be necessary for each of the
following:

���� a.���� General fund expenses
of schools; or

���� b.��� Appropriations to
capital reserve account.

���� Within 15 days after the
governing body of the municipality or of each of the municipalities included in
the district shall make the certification to the county board of taxation, the
board of education shall notify the governing body or bodies if it intends to
appeal to the commissioner pursuant to section 5 of P.L.1996, c.138
(C.18A:7F-5) the amount which the body or bodies determined to be necessary to
be appropriated for each item appearing in the proposed school budget.

���� Notwithstanding the provisions
of this section to the contrary, whenever the Commissioner of Education changes
the annual school election date pursuant to section 1 of P.L.1995, c.278
(C.19:60-1), the commissioner shall change the deadline set forth in this
section by which date the governing body of the municipality or of each of the
municipalities included in the district is required to determine the amount
necessary to be appropriated for each item appearing in the budget, and certify
to the county board of taxation the totals of the amount so determined.� The
commissioner in changing the deadline shall ensure that the number of calendar
days from the changed date of the annual school election to the deadline is no
less than the number of calendar days from the third Tuesday of April to May 19
of that calendar year.

(cf: P.L.2013, c.173, s.2)

���� 12.� N.J.S.18A:22-38 is
amended to read as follows:

���� 18A:22-38.��� If the governing
body or bodies fail to certify any amount determined to be necessary pursuant
to section 5 of P.L.1996, c.138 (C.18A:7F-5) for any item rejected at the
annual
[
April
]
school
election, or in the event that the governing bodies of the municipalities
comprising a school district, shall certify different amounts, then the
commissioner shall determine the amount or amounts which in his judgment, are
necessary to be appropriated, for each of the items appearing in the budget,
submitted to the governing body or bodies, and certify,
or re-certify as
appropriate in the case of a November school election,
to the county board
of taxation the totals of the amount determined to be necessary for the general
fund expenses of the schools; and the amount certified
or re-certified

shall be included in the taxes to be assessed, levied and collected in the
municipality or municipalities for those purposes.

(cf: P.L.2011, c.202, s.22)

���� 13.� Section 1 of P.L.1995,
c.278 (C.19:60-1) is amended to read as follows:

���� 1.��� a.� Except as otherwise
provided in this section, an annual school election shall be held in a
[
type
]

Type

II district on the third Tuesday in April. However, in any school year, the
Commissioner of Education shall make any adjustments to the school budget and
election calendar which may be necessary to change the annual school election
date or any other school budget and election calendar date if that date
coincides with a period of religious observance that limits significantly the
usual activities of the followers of a particular religion or that would result
in significant religious consequences for such followers. The commissioner
shall inform local school boards, county clerks and boards of election of these
adjustments no later than the first working day in January of the year in which
the adjustments are to occur.

���� As used in this subsection
"a period of religious observance" means any day or portion thereof
on which a religious observance imposes a substantial burden on an individual's
ability to vote.

���� An annual school election
shall be held simultaneously with the general election on the first Tuesday
after the first Monday in November in school districts in which the annual
school election has been moved to that date pursuant to subsection a. of section
1 of P.L.2011, c.202 (C.19:60-1.1) or pursuant to section 1 of P.L.2012, c.78
(C.19:60-1.2).
[
The
annual school election in November shall be for the purpose of submitting a
proposal to the voters for the approval of additional funds in a Type II
district without a board of school estimate pursuant to paragraph (9) of
subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), for the purpose of
electing members of the board of education, and for any other purpose
authorized by law.
]

���� b.��� All school elections
shall be by ballot and, except as otherwise provided by P.L.1995, c.278
(C.19:60-1 et al.), shall be conducted in the manner provided for general
elections pursuant to Title 19 of the Revised Statutes. No party designation
shall appear on any ballot to be used in a school election.� At the request of
one or more candidates, the ballot for a school election may include a
designation in not more than three words that conveys the principles which the
candidate or candidates therein named represent, but such designation shall not
contain the name, or a derivative or any part thereof, as a noun or an
adjective of any political party entitled to participate in a primary election.

(cf: P.L.2018, c.20, s.1)

���� 14.� Section 1 of P.L.2011,
c.202 (C.19:60-1.1) is amended to read as follows:

���� 1.��� a.� (1)� The question of
moving the date of a school district's annual school election to the first
Tuesday after the first Monday in November, to be held simultaneously with the
general election, shall be submitted to the legal voters of a local or regional
school district, other than a Type II district with a board of school estimate,
whenever a petition signed by not less than 15% of the number of legally
qualified voters who voted in the district at the last preceding general
election held for the election of electors for President and Vice-President of
the United States is filed with the board of education. The question shall be
submitted to the voters of the district at the next general election, provided
that at least 60 days have lapsed since the date of the filing of the petition.
In the event that the question is not approved by the voters, no petition may
be filed to submit the question to the voters within one year after an election
shall have been held pursuant to any petition filed pursuant to this
subsection.

���� The date of the annual school
election may be moved to the first Tuesday after the first Monday in November
without voter approval, upon the adoption of a resolution by the board of
education of a local or regional school district, other than a Type II district
with a board of school estimate, or the governing body or bodies of the
municipality or municipalities constituting the district. Prior to holding a
meeting for the adoption of the resolution to move the date of the annual
school election, the governing body or bodies of the municipality or
municipalities constituting the district shall provide adequate notice of the
meeting to the affected board or boards of education.

���� (2)�� In the event that the
date of a school district's annual school election is moved to the day of the
general election,
[
the
annual school election in November shall be held for the purpose of submitting
]
a
vote
shall be held on the district's general fund tax levy for the budget year
including any
proposal to the voters for approval of additional funds
pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138
(C.18A:7F-5),
[
for
the purpose of electing
]

the election of
members of the board of education, and for any other
purpose authorized by law.
[
A
vote shall not be required on the district's general fund tax levy for the
budget year, other than the general fund tax levy required to support a
proposal for additional funds.
]

���� (3)�� In addition to the
process set forth in paragraph (1) of this subsection, in the event that all
the constituent districts of a limited purpose regional school district approve
moving the date of their annual school elections to November, by any of the procedures
established pursuant to this subsection, then the annual school election for
the limited purpose regional school district shall also be conducted
simultaneously with the general election.

���� (4)�� In the event that the
date of a school district's annual school election is moved to the day of the
general election pursuant to this subsection, the board of education and the
county board of elections shall enter into an agreement, pursuant to guidelines
established by the Secretary of State, under which the board of education shall
pay any agreed upon increase in the costs, charges, and expenses that may be
associated with holding the school election simultaneously with the general
election.

���� b.��� (1)� In the case of a
school district that has moved the date of its annual school election to
November pursuant to subsection a. of this section, the question of moving the
date of the school district's annual school election to the third Tuesday in
April shall be submitted to the legal voters of a local or regional school
district, other than a Type II district with a board of school estimate,
whenever a petition signed by not less than 15% of the number of legally
qualified voters who voted in the district at the last preceding general
election held for the election of electors for President and Vice-President of
the United States is filed with the board of education. The question shall be
submitted to the voters of the district at the next general election, provided
that at least 60 days have lapsed since the date of the filing of the petition.

���� The date of the annual school
election may be moved to the third Tuesday in April without voter approval,
upon the adoption of a resolution by the board of education of a local or
regional school district, other than a Type II district with a board of school
estimate, or the governing body or bodies of the municipality or municipalities
constituting the district.� Prior to holding a meeting for the adoption of the
resolution to move the date of the annual school election, the governing body
or bodies of the municipality or municipalities constituting the district shall
provide adequate notice of the meeting to the affected board or boards of
education.

���� No resolution may be adopted
and no petition may be filed pursuant to this subsection until at least four
annual school elections have been held in November.

���� (2)�� In the event that the
date of the annual school election is moved to the third Tuesday in April, a
vote shall be held on the district's general fund tax levy for the budget year
including any proposal for additional funds pursuant to paragraph (9) of subsection
d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), the election of members of the
board of education, and for any other purpose authorized by law.

���� (3)�� In addition to the
process set forth in paragraph (1) of this subsection, in the event that all
the constituent districts of a limited purpose regional school district approve
moving the date of their annual school elections to the third Tuesday in April,
by any of the procedures established pursuant to this subsection, then the
annual school election for the limited purpose regional school district shall
also be conducted on the third Tuesday in April.

���� �c.��� Notice, in writing, to
change the date of a school election from the third Tuesday in April to the
first Tuesday in November shall be given to the county clerk no less than 60
days prior to the third Tuesday in April to take effect for that year's election.�
For a change from the first Tuesday in November to the third Tuesday in April,
notice must be given to the county clerk no less than 85 days prior to the
third Tuesday in April to take effect for that year's election.� Timely notice
shall also be given by the board of education or municipal governing body
adopting such resolution to any other affected boards of education and
municipal governing bodies.

(cf: P.L.2013, c.172, s.5)

���� 15.� Section 4 of P.L.1995,
c.278 (C.19:60-4) is amended to read as follows:

���� 4.��� The secretary of each
board of education shall, not later than 10 o'clock a.m. of the 18th day
preceding the annual April school election or a special school election, make
and certify and forward to the clerk of the county in which the school district
is located a statement designating the public question to be voted upon by the
voters of the district which may be required pursuant to the provisions of
P.L.1995, c.278 (C.19:60-1 et al.) or Title 18A of the New Jersey Statutes.

���� The secretary of each board of
education of a school district in which the annual school election has been
moved to November pursuant to subsection a. of section 1 of P.L.2011, c.202
(C.19:60-1.1), not later than 10 o'clock a.m. of the 60th day preceding the
November school election, shall make and certify and forward to the clerk of
the county in which the school district is located a statement designating
[
any
]

the

public question to be voted upon by the voters of the district which may be
required pursuant to the provisions of P.L.1995, c.278 (C.19:60-1 et al.) or
Title 18A of the New Jersey Statutes.

(cf: P.L.2011, c.202, s.35)

���� 16.� Section 9 of P.L.1995,
c.278 (C.19:60-9) is amended to read as follows:

���� 9.��� The ballot for a school
election shall be a single or blanket form of ballot, upon which shall be
printed in bold-faced type the words "OFFICIAL SCHOOL ELECTION
BALLOT" or "OFFICIAL SPECIAL SCHOOL ELECTION BALLOT," as
appropriate.

���� Any public question which is
to be submitted to the voters at a school election shall be printed in a
separate space below or to the right of, as the county clerk shall determine,
the listing of candidates in the election.

���� In the columns in which are
listed the titles of the offices to be filled at a school election and the
names of candidates for those offices, the title of and the names of candidates
for the office of member of the regional board of education shall appear above
the title of and the names of candidates for the office of member of the local
board of education. With respect to either office, in the event that one or
more persons are to be elected to membership thereon for a full term and one or
more persons are to be elected to membership thereon to fill an unexpired term,
the ballots shall designate which of the candidates to be voted for is to be
elected for a full term and which for an unexpired term. In all cases in which
one or more persons are to be elected for an unexpired term, the ballots shall
indicate the duration of that unexpired term.

���� The names of two or more
candidates for any given term who have notified the secretary of the board, or
the county clerk if the annual school election is to be held in November, in
writing that they wish to be bracketed together with their chosen designation,
if any, shall appear as a group in the appropriate location on the ballot,
depending on whether the candidates are to be elected to fill an expired or an
unexpired term.

���� All public questions to be
voted upon at a school election by the voters of more than one municipality
shall be placed first before any question to be voted upon at that election by
the voters of a single municipality. When the public question to be voted upon
by the voters of a regional school district is the amount of money to be raised
for the use of the regional schools of the district, the amount of money
determined to be the constituent municipality's share thereof may be identified
on the ballot pursuant to N.J.S.18A:13-17.

���� Every county clerk shall have
ready for the printer a copy of the contents of official ballots required by
law to be printed for use at a school election, as follows: in the case of the
annual April school election, not later than the 17th day preceding that
election; in the case of any special school election, not later than two
business days following receipt by the clerk of official notice of the complete
content of the ballot to be voted upon at that election; and in the case of the
annual November school election, in accordance with the provisions of
R.S.19:14-1.

���� The ballots for an annual
school election to be held simultaneously with the general election shall be in
accordance with the provisions of chapter 14 of Title 19 of the Revised
Statutes.

���� At an annual school election
held simultaneously with the general election, the names of the candidates for
the office of member of the board of education shall appear on the ballot
separately from the names of candidates for other offices whenever possible.
[
Any
]

The
district�s general fund tax levy for the budget year including any

proposals for additional funds pursuant to paragraph (9) of subsection d. of
section 5 of P.L.1996, c.138 (C.18A:7F-5) shall appear on the ballot near the
names of the candidates for the office of member of the board of education
whenever possible.

(cf: P.L.2018, c.20, s.4)

���� 17.� This act shall take
effect immediately.

STATEMENT

���� Pursuant to P.L.2011, c.202
(C.19:60-1.1 et al.), procedures were established whereby the annual school
election in a Type II school district could be moved from April to the date of
the general election.� A school election held in November is only for the
purpose of electing the district�s board members and for voting on any proposal
for additional funds above the school district�s tax levy cap.� For a school
district which holds its annual school election in November, no voter approval
is required for the base budget.

���� This bill will return to
voters residing in school districts in which the annual school election has
been moved to November the right to approve or disapprove the district�s base
budget.� Under the provisions of this bill, a voter at the November school election
will have the right to vote on the same matters that are presented to a voter
at an April school election.

���� Under the provisions of this
bill, a school district with a November school election will continue to submit
its budget to the commissioner by March 20, except that this budget will be a
temporary budget for the upcoming school year.� As current law provides, the
secretary of the board of education by May 19 will certify the amount fixed and
determined by the school board to the county board of taxation and the amount
certified will be included in the taxes levied and collected in the
municipality or municipalities comprising the district.� If the voters approve
the budget at the November school election, the temporary budget will be the
final budget for the district for that school year.� If the voters disapprove
the budget, the budget will be submitted to the governing body of each of the
municipalities included within the district for determination of the amount
that should be expended notwithstanding voter rejection, as is the process
under current law for defeated school budgets.� If under this process the
general fund tax levy of the district is reduced, or if the voters in November fail
to approve any separate proposal on the ballot to spend above cap, then the
secretary of the board of education will re-certify to the county board of
taxation the sum or sums to be raised for that school year.