N.J. Admin. Code § 6A:3-6.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:3-6.1 - Application for termination or change in allocation or apportionment

(a) An application for change of designation of a high school (termination or severance of relationship) or of allocation or apportionment of students pursuant to 18A:38-13 shall be made by petition of appeal, accompanied by the required feasibility study, and shall proceed in accordance with the provisions of this chapter except as set forth below.

(b) Where an application for change is unanswered within the requisite filing period, or is answered by a filing(s) indicating that each respondent does not oppose the application, the Commissioner shall so notify the petitioning district board of education and each respondent district board of education. At the next public meeting of each district board of education following notice from the Commissioner, each district board of education shall announce that the record before the Commissioner shall remain open for a period of 20 days from the date of the announcement in order that interested persons or entities may submit written comments to the Commissioner. Such announcement shall indicate the manner in which, and the address to which, comments may be submitted to the Commissioner as set forth at N.J.A.C. 6A:3-1.2 and 1.3, and shall further indicate the nature and purpose of such comments as set forth at (c) below.

1. Each district board of education shall submit to the Commissioner, within 10 days of the date of the announcement, a certification indicating the date the announcement was made and the content of the announcement.

(c) Comments submitted pursuant to (b) above shall not exceed 10 pages in length, shall be served on all parties to the case, shall include proof of such service when filed with the Commissioner, and shall specifically address the following statutory standard for the Commissioner's review of applications for change in designation, allocation, or apportionment:

1. Comments shall address the question of whether the proposed change in designation, allocation, or apportionment will result in a substantial negative impact in any of the affected school districts in one or more of the following areas: educational and financial implications; quality of education received by students; and racial composition of the student populations.

(d) Each party to the application for change shall have 20 days at the close of the designated comment period to reply to any comments. Any reply shall be served on all other parties to the application.

(e) If the Commissioner determines, upon review of the record at the close of the period established for submission of comments and replies, that further inquiry, fact-finding or exploration of legal argument is necessary in order to decide the matter consistent with the standard of statute, the Commissioner shall direct such further proceedings as the Commissioner deems necessary.

(f) Where an application is initially contested but subsequently proposed, either prior to transmittal or at the OAL, to be granted as a result of settlement or withdrawal of each respondent's opposition, the process set forth in this subchapter shall apply if the record does not reflect an adversarial perspective sufficient for the Commissioner to assess the application consistent with the standard of statute.

N.J. Admin. Code § 6A:3-6.1

Amended by 49 N.J.R. 2516(b), effective 8/7/2017

Amended by 56 N.J.R. 766(b) effective 5/6/2024