Bill Text: NJ ACR118 | 2014-2015 | Regular Session | Amended

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Bill Title: Accepts and modifies various recommendations included in Educational Adequacy Report.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2014-03-27 - Received in the Senate, Referred to Senate Education Committee [ACR118 Detail]

Download: New_Jersey-2014-ACR118-Amended.html

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[First Reprint]

ASSEMBLY CONCURRENT RESOLUTION No. 118

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 10, 2014

 

 

Sponsored by:

Assemblyman  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblywoman  ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblywoman  MARLENE CARIDE

District 36 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblyman Caputo

 

 

 

 

SYNOPSIS

     Accepts and modifies various recommendations included in Educational Adequacy Report.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on March 20, 2014.

  

A Concurrent Resolution concerning the Governor's Educational Adequacy Report.

 

Whereas, On December 14, 2012, the Governor submitted the Educational Adequacy Report to the Legislature.  The report included recommendations on various parameters included in the State's school funding formula, including: the base per pupil amount; the per pupil amounts for full-day preschool; the weights that are applied to pupils in different grade levels, enrolled in a county vocational school district, classified as an at-risk pupil, bilingual pupil, or combination pupil; the cost coefficients for security categorical aid and transportation aid; the State average classification rate for general special education services pupils and speech-only pupils; the excess cost for general special education services pupils and speech-only pupils; and the extraordinary special education aid thresholds; and

Whereas, On February 14, 2013, the Legislature adopted Senate Concurrent Resolution No. 134, in which the Legislature did not object to the recommendations included in the Educational Adequacy Report regarding: the base per pupil amount; the per pupil amounts for full-day preschool; the weights that are applied to pupils in different grade levels and those enrolled in a county vocational school district; the cost coefficients for security categorical aid and transportation aid; the State average classification rate for general special education services pupils and speech-only pupils; and the excess cost for general special education services pupils and speech-only pupils; and

Whereas, The Legislature did object to the Governor's recommendations to reduce the weights applicable to at-risk pupils, bilingual pupils, and combination pupils on the basis that the recommendations were not supported by any research or analysis demonstrating that the weights included in the school funding law upon its enactment provided school districts with more resources than are necessary to provide for the additional educational needs of these pupils; and

Whereas, The Legislature also objected to the Governor's recommendation to increase the cost thresholds for eligibility for extraordinary special education aid by $5,000 on the basis that the Educational Adequacy Report did not provide any assessment of the fiscal implications that the modification would have on school districts; and

Whereas, On March 18, 2013, the Commissioner of Education submitted a response to Senate Concurrent Resolution No. 134.  Rather than providing substantive analysis to support the recommendations to reduce the weights and analysis detailing the fiscal implications of increasing the extraordinary special education aid thresholds, the response simply reiterated the assertions included in the Educational Adequacy Report; and

Whereas, Despite having failed to address the objections raised by the Legislature in Senate Concurrent Resolution No. 134, the commissioner continued to recommend the use of the lower weights for at-risk pupils, bilingual pupils, and combination pupils, and increased cost eligibility thresholds for extraordinary special education aid; and

Whereas, Pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5), the commissioner, within 30 days following the Legislature's approval of the Educational Adequacy Report, must notify school districts 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 categorical 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; ¹and

Whereas, The commissioner has failed to notify school districts 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 categorical 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 for the three-year period to which the Educational Adequacy Report is applicable, as required pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5); and

Whereas, Pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5), within two days of 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 must notify school districts of the maximum amount payable in the succeeding school year pursuant to the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.), and must notify school districts of the adequacy budget for the succeeding school year; and

Whereas, Following the transmittal of the State budget message to the Legislature by the Governor, the commissioner issued State aid notices to school districts that did not notify the school districts of the maximum amount of aid payable to the district for the 2014-2015 school year pursuant to the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.), and did not notify school districts of the adequacy budget for the 2014-2015 school year as required pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5);¹ now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The Legislature hereby notifies the Governor that it does not accept the March 2013 response to Senate Concurrent Resolution No. 134 with respect to the Governor's recommendation to reduce the weights applicable to at-risk pupils, bilingual pupils, and combination pupils, and the recommendation to increase the cost thresholds that determine eligibility for extraordinary special education aid.

 

     2.    The Legislature further notifies the Governor that the recommendations included in the December 2012 Educational Adequacy Report with respect to the base per pupil amount, the per pupil amounts for full-day preschool, the weights that are applied to students in different grade levels and those enrolled in a county vocational school district, the cost coefficients for security categorical aid and transportation aid, the State average classification rate for general special education services pupils and speech-only pupils, and the excess cost for general special education services pupils and speech-only pupils, are approved.  The Educational Adequacy Report is modified to include the weights for at-risk pupils, bilingual pupils, and combination pupils, and the cost thresholds for eligibility to receive extraordinary special education aid, to those included in P.L.2007, c.260 (C.18A:7F-43 et al.) upon its enactment.

 

     3.    The Legislature directs the Commissioner of Education, within ¹[30] 10¹ days of the adoption of this Assembly concurrent resolution, to notify each school 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 categorical 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 the 2014-2015 and 2015-2016 school years, as set forth in the Educational Adequacy Report as approved and modified pursuant to section 2 of this Assembly concurrent resolution.

 

     ¹4.   The Legislature further directs the Commissioner of Education, within 14 days of the adoption of this Assembly concurrent resolution, to notify each school district of the maximum amount payable to the school district in the succeeding school year pursuant to the provisions of P.L.2007, c.260 (C.18A:7F-43 et al.), and to notify each school district of the district's adequacy budget for the 2014-2015 school year, as required pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5).¹

 

     ¹[4.] 5.¹     Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Governor and to the Commissioner of Education.