N.J. Admin. Code § 6A:30-6.6

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

Section 6A:30-6.6 - Procedure for initiating full State intervention

(a) When a school district qualifies for full State intervention pursuant to N.J.A.C. 6A:30-6.2(b), the Commissioner may seek full State intervention in the school district by issuing an Order to Show Cause why an administrative order to place the school district under full State intervention should not be implemented.

(b) At the time of the Order to Show Cause's service, the Commissioner also shall serve upon the school district a proposed administrative order for full intervention that shall contain and incorporate a full intervention plan developed by the Department, pursuant to N.J.A.C. 6A:30-6.7.

(c) The Order to Show Cause shall be referred to the Office of Administrative Law, pursuant to N.J.S.A. 52:14B-1 et seq., for a plenary hearing conducted on an expedited basis. In this proceeding, the Department shall have the burden of showing the recommended administrative order is not arbitrary, unreasonable, or capricious.

(d) If the Commissioner determines, at the hearing process' conclusion, the school district has failed to show cause why the actions proposed by the Department should not occur, the Commissioner shall recommend to the State Board that it issue an order placing the school district under full State intervention.

(e) The State Board may place the school district under full State intervention. The State Board's decision shall be considered final and may be appealed to the Superior Court, Appellate Division.

N.J. Admin. Code § 6A:30-6.6

Amended by 49 N.J.R. 3681(a), effective 12/4/2017