State Codes and Statutes

Statutes > New-jersey > Title-18a > Section-18a-58 > 18a-58-33-25

18A:58-33.25.  Resolution of need;  application by board of education; investigation;  report
    a.  Whenever the board of education of a local school district shall determine by resolution that it is unable to provide suitable general purpose educational facilities to comply with the provisions of N.J.S. 18A:33-1, it may  file an application with the Commissioner of Education for additional State  school building aid under this act.  Upon the receipt of such application, the  Commissioner of Education shall cause an investigation to be made of the  conditions in the district, taking into consideration the number of unhoused  pupils, number of years on split or curtailed sessions, the rate of pupil  population increase, the total tax rate of the municipalities in the district,  the school tax rate of the district, the net debt of such municipalities and  the school debt, the density of population, the equalized valuations allocable  with respect to each child in the school district, the number of children on  welfare rolls, effects of judicial determinations prior to the enactment hereof  concerning constitutional requirements of equal educational opportunity,  existing and proposed educational facilities and all such other factors as said commissioner or the State Board of Education may deem necessary for the purpose  of this act.  The Commissioner of Education shall report the results of such  investigation to the State Board of Education and may include therein an  evaluation of the ability of such school district to provide suitable  educational facilities to comply with the provisions of N.J.S. 18A:33-1, and of  the need of such school district for additional State school building aid under  this act, advice as to the resident enrollment in such school district as of  September 30, 1976 as shown by records with respect thereto on file in his  office, recommendation as to the amount (if any) of entitlement (as hereinafter  defined) proposed with respect to said school district, and such further  information with respect to such school district as requested or required by  said board.

    b.  Whenever the board of education of a local school district, county special services school district or county vocational school district shall determine by resolution that there are handicapped students between the ages of  13 and 21 who would benefit from vocational education but are not enrolled in  such a program and that it is unable to provide suitable facilities for such  pupils, it may file an application with the Commissioner of Education for  additional State school building aid under this act and forward its plan to  provide secondary vocational facilities for handicapped pupils to the County  Career Education Coordinating Council. Upon the receipt of such application  the County Career Education Coordinating Council shall review the facilities  plan as soon as possible and forward its recommendations to the Commissioner of  Education forthwith. Upon the receipt of such application from a local school  district, the Commissioner of Education shall cause an investigation to be made  of the conditions of the district, taking into consideration the number of handicapped pupils between the ages of 13 and 21 who would benefit from such a  program and are not presently enrolled in vocational programs due to the lack  of facilities, the projected increase or decrease of such pupils in future  years, the total tax rate of the municipalities in the district, the school tax  rate of the district, the net debt of such municipalities and the school debt,  the equalized valuations allocable with respect to each child in the school  district, effects of judicial determinations prior to the enactment hereof  concerning constitutional requirements of equal educational opportunity,  existing and proposed education facilities, the recommendations of the County  Career Education Coordinating Council and all such other factors as said commissioner or State Board of Education may deem necessary for the purpose of this act.  Upon the receipt of such application from a county special services school district or a county vocational school district, the Commissioner of Education shall cause an investigation to be made of the conditions of the district, taking into consideration the number of handicapped pupils between the ages of 13 and 21 who would benefit from such a program and are not presently enrolled in vocational programs due to the lack of facilities, the projected increase of such pupils in future years, the county vocational school  debt, the county debt, the total tax rate of the county, the county average  equalized valuations per pupil, existing and proposed educational facilities,  the recommendations of the County Career Education Coordinating Council and all such factors as said commissioner or State Board of Education may deem necessary for the purpose of this act.  The Commissioner of Education shall report the results of such investigations to the State Board of Education and  may include therein an evaluation of the ability of such school district to  provide suitable secondary vocational educational facilities for handicapped  pupils, and of the need of such school district for additional State school  building aid under this act, advice as to the enrollment of handicapped pupils  in such school as of the effective date of this act as shown by records with  respect thereto on file in his office, recommendation as to the amount (if any)  of entitlement (as hereinafter defined) proposed with respect to said school  district, and such further information with respect to such school district as  requested or required by said board.

     L.1978, c. 74, s. 4, eff. July 13, 1978.