N.J. Admin. Code § 6A:31-3.1

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

Section 6A:31-3.1 - Applications and proposed agreements to the Commissioner for each proposal accepted by the renaissance school district

(a) Within 10 days of the public notification under N.J.A.C. 6A:31-2.1(d)4, the renaissance school district and each nonprofit entity selected for a renaissance school project partnership through the school district's RFP process shall submit a project application to the Department in the Commissioner-prescribed format. The renaissance school district and nonprofit entity shall submit a project application for each proposed renaissance project.

(b) The project application shall include, at a minimum:

1. Documentation of the renaissance school district's amendment to its long-range facilities plan, pursuant to N.J.S.A. 18A:7G-4, reflecting plans for the proposed renaissance school project;

2. The proposed method by which State grants and Federal funds will be distributed to the renaissance school project by the renaissance school district, which shall ensure the renaissance school project(s) receives no less than the school district's average per pupil allotment for all eligible students if the school is qualified to receive State grants and/or Federal funds;

3. A description of the process employed by the renaissance school district to find and partner with the chosen nonprofit entity to create a renaissance school project. The description shall be sufficient to show the process employed by the renaissance school district was open, fair, and subject to public input and comment. The description shall include, at a minimum:

i. The RFP(s) issued by the renaissance school district;

ii. The number of responses received; and

iii. The process and criteria employed by the renaissance school district to select the chosen nonprofit entity among the respondents;

4. In the case of a school district under full or partial State intervention with an advisory board of education, the application shall contain evidence that the State district superintendent or superintendent, as applicable, convened at least three public meetings to discuss the merits of the renaissance school project. The evidence shall include, at a minimum, public notice(s) used to advertise the meetings, agendas, presentation materials used at the meetings, and written public comments received during the meetings. In the case of State-intervention school districts, the application shall contain a resolution from the advisory board of education reflecting the board's approval or disapproval of the renaissance school project. While a successful application does not require approval from the advisory board of education, the Commissioner shall give due consideration when considering the application to any disapproval from the advisory board;

5. The name of the renaissance school project; the renaissance school project's educational goals; the curriculum to be offered, including a description of how the curriculum aligns to the New Jersey Student Learning Standards; and the methods of assessing whether students are meeting the proffered educational goals;

6. Assurances the renaissance school project will participate in all required Statewide assessments;

7. Any testing and academic performance standard(s) to be mandated by the renaissance school project beyond those required by State law and regulation;

8. The admission policy and criteria for evaluating the admission of students to the renaissance school project, which shall comply with N.J.S.A. 18A:36C-8;

9. The age or grade range of students to be enrolled in the renaissance school project;

10. The total number of students to be enrolled in each grade level of the renaissance school project;

11. The renaissance school project calendar and school-day schedule;

12. The financial plan for the renaissance school project and provisions that will be made for auditing, pursuant to N.J.S.A. 18A:23-1;

13. A budget covering projected revenue sources and planned expenditures for the first year of operation. The budget shall include all anticipated start-up costs and revenues from the renaissance school project's approval date through the beginning of the fiscal year. The budget shall clearly identify funds intended to be raised through future fundraising efforts; the expected return on such efforts shall be supported with documentation of the nonprofit entities' past fundraising efforts. The estimated cost and anticipated source of funding for facilities shall also be included in the budget summary;

14. A description of, and address for, the initial school facility in which the renaissance school project will be located, and affirmation that any other school facility(ies) in which the renaissance school project will be located will be in the required urban campus area. For any school facility other than the initial school facility included in the application, the nonprofit entity shall notify the Commissioner of the facility's location at least one year prior to its opening;

15. Assurances the proposed renaissance school project will meet school facility rules pertaining to student health and safety, pursuant to N.J.S.A. 18A:36C-4.b(11);

16. Documentation of a funding plan to acquire necessary lands and to construct a renaissance school project thereon, including the terms of any financing secured for such purpose;

17. Identification of the attendance area of each renaissance school facility in the renaissance school project and an indication of which facility(ies) in the renaissance school project will not be located on land owned by the New Jersey Schools Development Authority or the renaissance school district; and

18. Other information as required from a specific applicant by the Commissioner.

(c) Following the initial review of the application pursuant to (a) or (b) above, the Department may request subsequent information from the renaissance school district or the nonprofit entity as addenda to the application.

(d) Following review of the application and addenda, the Commissioner will make a decision regarding the application. The Commissioner will notify the nonprofit entity and school district of the decision, which may be appealed pursuant to N.J.S.A. 18A:6-9.1.

(e) Within 60 business days of the Commissioner's approval of the renaissance school district and nonprofit entity's application, the school district and nonprofit entity shall submit a preliminary agreement that shall become, upon Commissioner review, the contract required pursuant to N.J.S.A. 18A:36C-6. Upon written request to the Commissioner, the 60-business-day deadline may be extended for reasonable cause at the Commissioner's discretion. The preliminary agreement shall contain, at a minimum:

1. A clause prohibiting a renaissance school district from terminating the contract without the Commissioner's prior approval;

2. A detailed description of the lottery process for student enrollment consistent with N.J.A.C. 6A:31-4;

3. A detailed description of the renaissance school district's process for informing parents or guardians of their right to opt out of a renaissance school if they decide not to enroll the student in the renaissance school. This also shall include instructions on how students can enroll in another school in the renaissance school district if their parents or guardians choose;

4. A district contingency plan stipulating specifically the date that will trigger the contingency plan;

5. A clause stating "unless otherwise provided in N.J.S.A. 18A:36C-1 et seq., a renaissance school project shall be governed by all laws and rules applicable to charter schools";

6. A statement of incorporation of all terms of the approved application;

7. A clause requiring any amendment to the contract, including any contingency plan(s), be approved by the Commissioner;

8. Provisions addressing the sharing of student data between the renaissance school project and the renaissance school district;

9. A clause outlining payment arrangements for student out-of-district placements between the renaissance school project and the renaissance school district; and

10. Any additional clause(s) deemed necessary by the Commissioner for a specific preliminary agreement.

(f) In years subsequent to the application's initial approval, the renaissance school district and nonprofit entity may seek approval for an amendment of the approved application. A renaissance school district and nonprofit entity shall submit to the Commissioner updates to (b)5 through 18 above and any proposed revision to the contract detailing the modifications from the original contract.

(g) The Commissioner will make a decision approving or denying the application and/or proposed amendments following the review. The Commissioner will notify the nonprofit entity and renaissance school district of the decision, which may be appealed pursuant to N.J.S.A. 18A:6-9.1.

(h) The renaissance school project application submitted pursuant to (b)5 through 18 above shall be considered the organizational document for the purposes of N.J.S.A. 18A:36C-6.b. Any change(s) to the information identified in (b)5 through 18 above that have been approved pursuant to (f) above shall be deemed amendments to the organizational document.

(i) Following the Commissioner's approval of the agreement, the renaissance school district and nonprofit entity shall enter into a contract for a term of 10 years.

N.J. Admin. Code § 6A:31-3.1

Amended by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
Section was "Applications and proposed agreements to the Commissioner". Rewrote the section.
Administrative change.
See: 48 N.J.R. 1802(a).
Amended by R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Rewrote the section.
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
Rewrote the section.