Bill Text: NJ SCR29 | 2010-2011 | Regular Session | Introduced

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Bill Title: Proposes an amendment to the Constitution to describe the manner in which the Legislature shall provide for and fund a thorough and efficient system of free public schools.

Sponsorship: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Education Committee [SCR29 Detail]

Download: New_Jersey-2010-SCR29-Introduced.html

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SENATE CONCURRENT RESOLUTION No. 29

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Senator  STEVEN V. OROHO

District 24 (Sussex, Hunterdon and Morris)

 

Co-Sponsored by:

Senators Buono, Kyrillos and Ciesla

 

 

 

 

SYNOPSIS

     Proposes an amendment to the Constitution to describe the manner in which the Legislature shall provide for and fund a thorough and efficient system of free public schools.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

A Concurrent Resolution proposing to amend Article VIII, Section IV, paragraph 1 of the Constitution of the State of New Jersey.

 

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

 

     1. The following proposed amendment to the Constitution is agreed to:

 

PROPOSED AMENDMENT 

 

     Amend Article VIII, Section IV, paragraph 1, to read as follows:

     1.  The Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and eighteen years.  Maintenance and support shall be provided through the enactment, from time to time, of laws prescribing the components of a thorough and efficient system of free public schools.  These laws shall also provide for the funding of a system of free public schools in the manner and to the extent the Legislature determines to be appropriate, including, but not limited to, the amount of funds to be provided by the State and by the local school districts, the purposes for which these funds are to be expended, the formulas pursuant to which these funds are to be allocated, and the manner in which these funds are to be raised; however a school district that is determined to have special needs which require the provision of additional State funds in order to enable the district to provide a thorough and efficient education to the students enrolled in that district shall be entitled to receive a per pupil amount of State funds which, when combined with the per pupil local share, will equal the State average regular education program budget per pupil.  For the purposes of this paragraph, the  "per pupil local share" shall be determined by multiplying the State average equalized school tax rate for school district operating budgets by the district's equalized valuation and dividing the product by the district's resident enrollment. The "State average regular education program budget per pupil" shall be determined by dividing the total Statewide resident enrollment into the total amount of Statewide local school tax levies raised for school district operating budgets plus the total amount of State equalization aid payable to school districts plus the total amount of  any other school aid programs to be applied toward the  required local shares of school districts.

     2.  When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3.  This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.  In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (T) in the square opposite the word "Yes."  If you are opposed thereto make a cross (X), plus (+) or check (T) in the square opposite the word "No."

     b.  In every municipality the following question:

 

		DEFINES THE STATE'S OBLIGATION TO FUND A SYSTEM OF FREE PUBLIC SCHOOLS
	YES	Shall the amendment of Article VIII, Section IV, paragraph 1 of the Constitution of the State of New Jersey, providing that the maintenance and support of a thorough and efficient system of free public schools shall be provided through the enactment from time to time of laws prescribing the components of the system and the funding of that system in the manner and to the extent the Legislature determines to be appropriate; and providing that if a school district is determined to have special needs which require the provision of additional State funds in order to enable the district to provide a thorough and efficient education to students enrolled in the district, the district shall be entitled to receive a per pupil amount of State funds which, when combined with the district's per pupil local share, would equal the State average per pupil spending for regular education programs, determined by dividing the total Statewide resident enrollment into the total amount of Statewide local school tax levies raised for school district operating budgets plus the total amount of State equalization aid payable to school districts plus the total amount of  any other school aid programs to be applied toward the  required local shares of school districts, be approved?

 

		INTERPRETIVE STATEMENT
	NO	This constitutional amendment provides that the maintenance and support of a system of free public schools will be provided through the enactment of laws by the Legislature and specifies that the method of funding public schools will be established by the Legislature as it deems appropriate.  The amendment specifies that when it is determined that a school district has special needs which require the  provision of additional State funds in order to enable the district to provide a thorough and efficient education to the students enrolled in the district, then the district will be entitled to receive a per pupil amount of State funds which, when combined with the district's local share of educational expenses for each pupil, equals the State average per pupil amount spent to support regular education programs. The amendment defines the State average per pupil amount for regular education programs as the amount determined by dividing the Statewide number of public school pupils into the total  amount of Statewide local school tax levies raised for school district operating budgets plus the total amount of State equalization aid payable to school districts plus the total amount of  any other school aid programs to be applied toward the  required local shares of school districts.

 

 

STATEMENT

 

     This proposed amendment to the Constitution provides that the maintenance and support of a system of free public schools will be provided through the enactment of laws prescribing the components of that system.  Under the proposed amendment, these laws will also provide for the funding of that system in the manner and to the extent that the Legislature determines to be appropriate.  The proposed amendment specifies that when it is determined that a school district has special needs which require the provision of additional State funds in order to enable the district to provide a thorough and efficient education to the students enrolled in that district, the district will be entitled to receive a per pupil amount of State funds which, when combined with the district's per pupil local share, will equal the State average regular education program budget per pupil.  The proposed amendment defines the manner in which the State average regular education program budget per pupil and district's per pupil local share will be calculated.  A district's regular education program is that which is required to deliver the core curriculum content standards, the standards that define a thorough and efficient education under the State's current school funding law.