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"Urban Hope Act" S3173 (Senator Donald Norcross)/A4426(Assemblyman Angel Fuentes): provides a process to permit authorized entities to build, operate, and manage "renaissance school projects" as public schools in no more than three identified failing districts."
This bill - already controversial, opposed by the Education Law Center, yet signed off on by the NJEA - is scheduled to be heard tomorrow in both the Senate Budget and Appropriations Committee and Assembly Budget Committee, and for the moment would be applicable only to Camden, Jersey City and Newark. Excerpt: STATEMENT for S3173 - The bill is entitled the “Urban Hope Act.” The bill authorizes the designation of three failing school districts as renaissance school districts…The bill provides that the costs of a renaissance school project, including the costs of land acquisition, site remediation, site development, design, construction, and any other costs required to place into service the school facility or facilities constituting the renaissance school projects, would be the sole expense of the nonprofit entity. However, the nonprofit entity may use State funds to pay for a lease, debt service, or mortgage for any facility constructed or otherwise acquired..." SENATE, No. 3173 STATE OF NEW JERSEY 214th LEGISLATURE INTRODUCED DECEMBER 15, 2011 Sponsored by: Senator DONALD NORCROSS District 5 (Camden and Gloucester) SYNOPSIS “Urban Hope Act”; provides a process to permit authorized entities to build, operate, and manage “renaissance school projects” as public schools in no more than three indentified failing districts. CURRENT VERSION OF TEXT As introduced. S3173
2
A
N ACT concerning the development 1 of renaissance school projects2 in failing school districts and supplementing Title 18A of the
3 New Jersey Statutes.
4
5
BE IT ENACTED by the Senate and General Assembly of the State6
of New Jersey:7
8 1. This act shall be known and may be cited as the “Urban
9 Hope Act.”
10
11 2. The Legislature finds and declares that:
12 a. Maintaining a thorough and efficient public school system is
13 among the Legislature’s most important responsibilities;
14 b. Although New Jersey’s per pupil public school expenditures
15 are among the highest in the nation, many of the State’s students are
16 failing to achieve the core curriculum content standards;
17 c. Many of those students are confined to a number of
18 persistently failing school districts and schools that, year after year,
19 have been unable to convert increased State aid and other resources
20 into improved student achievement, higher graduation rates, or
21 greater student readiness for postsecondary education and gainful
22 employment;
23 d. For those school districts and schools, it is necessary to
24 provide local boards of education, parents, students, and teachers
25 with more and better options for addressing their failing schools;
26 and
27 e. One such option is to create, on a limited pilot program
28 basis, “renaissance schools” which will be constructed, staffed and
29 operated by nonprofit entities, including existing charter schools, in
30 school districts with high concentrations of at-risk students.
31
32 3. As used in this act:
33 “Commissioner” means the Commissioner of Education.
34 “Failing district” means: (1) in the case of a school district
35 located in a city of the first class, a school district in which at least
36 30% of the students scored in the partially proficient range in the
37 language arts and mathematics sections of each State assessment
38 administered in the 2009-2010 school year; and (2) in the case of a
39 school district located in a city of the second class, a school district
40 in which at least 55% of the students scored in the partially
41 proficient range in the language arts and mathematics sections of
42 each State assessment administered in the 2009-2010 school year.
43 “Per pupil expenditure” means the sum of the budget year
44 equalization aid per pupil, budget year adjustment aid per pupil, and
45 the prebudget year general fund tax levy per pupil inflated by the
46 CPI rate most recent to the calculation.
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“School facility” means and includes any structure, 1 building, or
2 facility used wholly or in part for educational purposes by the
3 students of a school district.
4 “School facilities project” means the planning, acquisition,
5 demolition, new construction, improvement, or capital maintenance
6 of all or any part of one or more school facilities constituting a
7 renaissance school project.
8 “Renaissance school district” is a failing district in which
9 renaissance school projects shall be established.
10 “Renaissance school project” means a school, or group of
11 schools in a common campus setting, that provides an educational
12 program for students enrolled in grades K through 12 or in a grade
13 range less than K through 12, that is agreed to by the school district,
14 and is operated and managed by a nonprofit entity, including an
15 approved charter school, in a renaissance school district.
16
17 4. a. A nonprofit entity, in partnership with the renaissance
18 school district, may submit to the commissioner an application to
19 create a renaissance school project. A nonprofit entity seeking to
20 create a renaissance school project shall have experience in
21 operating a school in a high-risk, low-income urban district.
22 b. The application shall be in a form prescribed by the
23 commissioner, but at a minimum it shall contain the following:
24 (1) a resolution adopted in a public meeting by the board of
25 education of the renaissance school district in which the renaissance
26 school project will be located certifying the support of the board for
27 the application;
28 (2) a resolution adopted by the board of education of the
29 renaissance school district amending the district’s long-range
30 facilities plan to include the proposed renaissance school project,
31 and the amendment which has been submitted to the commissioner
32 pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4);
33 (3) the educational goals of the renaissance school project, the
34 curriculum to be offered, and the methods of assessing whether
35 students are meeting the proffered educational goals;
36 (4) any testing and academic performance standards to be
37 mandated by the renaissance school project beyond those required
38 by State law and regulation;
39 (5) the admission policy and criteria for evaluating the
40 admission of students to the renaissance school project, which shall
41 comply with the provisions of section 8 of this act;
42 (6) the age or grade range of students to be enrolled in the
43 renaissance school project;
44 (7) the total number of students to be enrolled in each grade
45 level of the renaissance school project;
46 (8) the renaissance school project calendar and school day
47 schedule;
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(9) the financial plan for the renaissance sc 1 hool project and the
2 provisions that will be made for auditing pursuant to N.J.S.18A:23-
3 1;
4 (10) a description of, and address for, the school facility or
5 facilities in which the renaissance school project will be located;
6 (11) documentation that the proposed renaissance school project
7 meets the facilities efficiency standards developed by the
8 commissioner pursuant to subsection h. of section 4 of P.L.2000,
9 c.72 (C.18A:7G-4), and any school facility regulations promulgated
10 by the State Board of Education or the Department of Community
11 Affairs;
12 (12) documentation of the funds available to construct the
13 renaissance school project, including the terms of any financing
14 secured for such purpose;
15 (13) if the renaissance school project includes the acquisition of
16 land, the application shall include, at a minimum: (a) a description
17 of the land to be acquired; (b) the costs of acquisition; (c) the
18 timetable for acquisition; and (d) the plan for financing the
19 acquisition;
20 (14) identification of the attendance area of the renaissance
21 school project, if the renaissance school project will not be built on
22 land owned by the New Jersey Schools Development Authority or
23 the renaissance school district; and
24 (15) such other information as the commissioner may require.
25
26 5. The commissioner may not approve more than four
27 renaissance school projects in any one renaissance school district.
28 Nothing in this act shall prohibit a renaissance school project that
29 provides an educational program for a grade range less than K
30 through 12 from expanding grade levels after the approval by the
31 commissioner of the initial application.
32 In reviewing and judging applications for renaissance school
33 projects, the factors considered by the commissioner may include,
34 but not be limited to:
35 a. The likelihood that the renaissance school project will
36 improve academic achievement in the renaissance school district;
37 b. The strength of the support for the renaissance school project
38 from the school district, board of education, and parents;
39 c. The facilities plan for the renaissance school project;
40 d. Geographic diversity and diversity of school type,
41 elementary school, middle school, and high school, among the
42 proposed renaissance school projects; and
43 e. Any other factors deemed significant by the commissioner.
44
45 6. The nonprofit entity and the board of education of the
46 renaissance school district in which the renaissance school project
47 will be located shall enter into a contract setting forth the terms and
48 conditions for the renaissance school project including, but not
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limited to, the operation, management, 1 and funding of the
2 renaissance school project. The contract shall be submitted to the
3 commissioner for approval.
4
5 7. a. Notwithstanding that a renaissance school project shall be
6 constructed, controlled, operated, and managed by a nonprofit
7 entity, and not the local board of education, it shall be a public
8 school. However nothing contained herein shall restrict a for-profit
9 entity from constructing a renaissance school project, or a
10 renaissance school project from being located on land owned by a
11 for-profit entity. Further, the renaissance school project shall be
12 authorized to retain any business entity, however formed, whose
13 primary purpose is the staffing, operation, and management of
14 elementary schools, middle schools, or high schools in the United
15 States, except as it relates to instructional services.
16 b. The costs of a renaissance school project including, but not
17 limited to, the costs of land acquisition, site remediation, site
18 development, design, construction, and any other costs required to
19 place into service the school facility or facilities constituting the
20 renaissance school project shall be at the sole expense of the
21 nonprofit entity. The nonprofit entity may use State funds to pay
22 for a lease, debt service, or mortgage for any facility constructed or
23 otherwise acquired.
24 c. Notwithstanding the provisions of the “Educational
25 Facilities Construction and Financing Act,” P.L.2000, c.72
26 (C.18A:7G-1 et al.), or any other law or regulation to the contrary,
27 there shall be no State share for the costs of a renaissance school
28 project.
29 d. Notwithstanding the provisions of the “Public School
30 Contracts Law,” P.L.1977, c.114 (C.18A:18A-1 et seq.), or any
31 other law or regulation to the contrary, the nonprofit entity or any
32 entity acting in cooperation with a renaissance school project shall
33 not be subject to public bidding for goods and services, and any
34 contracts entered into by the nonprofit entity shall not be deemed
35 public contracts or public works; except that any contract entered
36 into by the nonprofit entity or any entity acting in cooperation with
37 a renaissance school project shall be deemed a public work for the
38 purposes of the "New Jersey Prevailing Wage Act," P.L.1963, c.150
39 (C.34:11-56.25 et seq.), and subject to the applicable provisions of
40 that act.
41 e. The renaissance school district in which a renaissance school
42 project is located shall pay to the nonprofit entity in 12 equal
43 monthly installments an amount per pupil equal to 95% of the
44 district’s per pupil expenditure. In addition the 12 monthly
45 installments shall include the security categorical aid attributable to
46 the student, a percentage of the district's special education
47 categorical aid equal to the percentage of the district's special
48 education students enrolled in the renaissance school project, and if
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applicable 100% of preschool education aid. 1 The district shall also
2 pay directly to the renaissance school project any federal funds
3 attributable to the student.
4 f. Renaissance school projects shall be required to meet the
5 same testing and academic performance standards established by
6 law and regulation for public school students, and shall meet any
7 additional testing and academic performance standards established
8 by the nonprofit entity and approved by the commissioner.
9 g. The nonprofit entity shall have complete discretion in
10 naming the renaissance school project. The nonprofit entity may
11 not realize a net profit from its operation of a renaissance school
12 project. A private or parochial school shall not be eligible for
13 renaissance school project status.
14 h. A nonprofit entity shall operate a renaissance school project
15 in accordance with the contract entered into pursuant to section 6 of
16 this act, the provisions of this act, and the laws and regulations that
17 govern other public schools which are not inconsistent with this act.
18
19 8. a. In the case of a renaissance school project built on land
20 owned by the New Jersey Schools Development Authority or the
21 renaissance school district, students residing in the attendance area
22 established by the renaissance school district for that property shall
23 be automatically enrolled in the renaissance school project. The
24 parent or guardian of the student may determine not to enroll the
25 student in the renaissance school project, and in that case the
26 student shall be eligible for enrollment in another school in the
27 renaissance school district. If spaces remain available in the
28 renaissance school project, students shall be selected for the
29 remaining spaces through a lottery system. The first lottery shall
30 include students who attend a public school in the renaissance
31 school district but reside outside the attendance area of the
32 renaissance school. If space remains available, a second lottery
33 shall be conducted that may include students who reside outside of
34 the renaissance school district.
35 b. In the case of a renaissance school project which is not built
36 on land owned by the New Jersey Schools Development Authority
37 or the renaissance school district, preference for enrollment in the
38 renaissance school project shall be given to students who reside in
39 the attendance area identified in the application submitted by the
40 nonprofit entity and approved by the commissioner for the
41 renaissance school project. In no case may an attendance area
42 include an area outside of the renaissance school district. If spaces
43 remain available in the renaissance school project, then the
44 renaissance school project may select students for the remaining
45 spaces through a lottery system.
46 In developing and executing its selection process, the nonprofit
47 entity shall not discriminate on the basis of intellectual or athletic
48 ability, measures of achievement or aptitude, status as a
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handicapped person, proficiency in 1 the English language, or any
2 other basis that would be illegal if used by a school district. A
3 nonprofit entity may, however, limit admission to a particular grade
4 level or levels consistent with its organizational document.
5
6 9. a. The employees of a renaissance school project shall not
7 be deemed to be members of the bargaining unit of the renaissance
8 school district.
9 b. In hiring its employees for a renaissance school project, a
10 nonprofit entity shall be subject to the provisions of the “New
11 Jersey Employer-Employee Relations Act,” P.L.1941, c.100
12 (C.34:13A-1 et seq.). A nonprofit entity shall not set a teacher
13 salary lower than the minimum teacher salary specified pursuant to
14 section 7 of P.L.1985, c.321 (C.18A:29-5.6).
15 c. All principals, administrators, classroom teachers, and
16 professional support staff hired by a nonprofit entity to work in a
17 renaissance school project shall hold appropriate New Jersey
18 certifications and shall possess all the tenure rights as employees of
19 a board of education of a school district as provided in Title 18A
20 and other laws and regulations.
21
22 10. a. The renaissance school project shall be authorized for 10
23 years from the date of opening, subject to periodic reviews by the
24 commissioner. The renaissance school project shall be
25 automatically renewed for additional five year periods provided
26 there is not a breach of the agreement that outlines the terms and
27 conditions of the renaissance school project.
28 Every ten years, prior to granting a renewal, the commissioner
29 shall conduct a comprehensive review of the renaissance school
30 project. Renewal shall be presumed where the renaissance school
31 project’s average percent of students proficient on the New Jersey
32 Assessment of Skills and Knowledge, if the school includes any
33 grades from three to eight, or on the New Jersey High School
34 Proficiency Assessment, if the school includes grades 11 and 12,
35 exceed the average percent of students proficient for the renaissance
36 school district in which it is located in like grades by 15 percent or
37 more in language arts literacy, mathematics, or both after five years,
38 and 25 percent or more in language arts literacy, mathematics, or
39 both after ten years, or achieves the State-level proficiency
40 standards during that period.
41 b. The commissioner shall periodically assess whether each
42 renaissance school project is meeting its goals and improving
43 student achievement. In order to facilitate the commissioner’s
44 review, each renaissance school project shall submit an annual
45 report to the commissioner in the form prescribed by the
46 commissioner. The report shall be received annually by August 1
47 and shall be made publicly available immediately thereafter,
48 including on the Department of Education’s website.
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c. The commissioner shall have on-1 going access to the records
2 and facilities of the renaissance school project and the nonprofit
3 entity to ensure that the renaissance school project is in compliance
4 with its organizational document and with State laws and
5 regulations.
6 d. Five years following the date of the opening of the first
7 renaissance school project, a review of the efficacy of the program
8 shall be conducted by an independent education researcher or
9 research organization selected by the commissioner, with the
10 approval of the State Board of Education. The independent review
11 shall be funded by the Department of Education. The review shall
12 include interviews with staff, parents, and resident district
13 representatives, and a fiscal and educational assessment. The
14 commissioner shall report the results of the review to the Governor,
15 the State Board of Education, and to the Legislature as provided
16 pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and, in
17 addition, the Governor shall report on the efficacy of the
18 renaissance school projects in educating students and whether
19 additional renaissance school districts should be authorized and, if
20 so, how many. The commissioner shall also recommend any
21 changes to this act deemed appropriate based on experience with the
22 renaissance school projects and the independent review.
23
24 11. a. Notwithstanding the provisions of the “Educational
25 Facilities Construction and Financing Act,” P.L.2000, c.72
26 (C.18A:7G-1 et al.), or any other law or regulation to the contrary,
27 when an entity seeks to build a renaissance school project on land
28 owned by the New Jersey Schools Development Authority, the
29 authority may convey the land by ground lease or fee simple title to
30 either the renaissance school district or the entity if the authority
31 determines conveyance to be in the best interests of the State,
32 provided that such conveyance, whether by ground lease or fee
33 simple title shall (1) contain a restriction that the land be used
34 solely for a school or it shall revert to the authority; and (2) be for
35 such consideration and on such terms as the authority determines to
36 be in the best interests of the State.
37 b. Notwithstanding any other law to the contrary, in the event
38 of a conveyance by the authority to a renaissance school district
39 pursuant to this section, the renaissance school district is authorized
40 to enter into a sub-lease of the property to the entity as required to
41 effectuate the renaissance school project. The sub-lease shall be
42 submitted to the commissioner for his review and approval. The
43 sub-lease shall contain a restriction that the land be used solely for
44 the renaissance school project or it shall revert to the school district.
45
46 12. Whenever any board of education shall by resolution
47 determine that any tract of land is no longer desirable or necessary
48 for school purposes it may authorize the conveyance thereof, for a
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nominal consideration, to a renaissance 1 school project established
2 pursuant to P.L. , c. (C. ) (pending before the Legislature as this
3 bill). The president and secretary of the board shall be authorized
4 to execute and deliver a conveyance for the same in the name and
5 under the seal of the board, which conveyance shall be subject to a
6 condition providing that the land shall be used by the renaissance
7 school project for school purposes, and in the event that the
8 property shall cease to be used for those purposes, the property shall
9 thereupon revert to and the title thereof shall vest in the board of
10 education making the conveyance thereof hereunder.
11
12 13. a. Notwithstanding the provisions of N.J.S.18A:24-10 or
13 any other section of law to the contrary, under the pilot program the
14 board of education of a Type II school district without a board of
15 school estimate may issue bonds without the approval of the voters
16 of the district in order to finance the construction of a renaissance
17 school project. In the case of a Type I district or a Type II district
18 with a board of school estimate, notwithstanding the provisions of
19 N.J.S.18A:24-11, N.J.S.18A:24-12, or any other section of law to
20 the contrary, such bonds may be issued by the municipality without
21 the approval of the board of school estimate or the adoption of a
22 municipal ordinance as applicable. In the case of a school district
23 under full State intervention or partial State intervention in which
24 the governance component of school district effectiveness has not
25 been returned to the district, notwithstanding the provisions of
26 P.L.1991, c.139 (C.18A:7A-46.1 et seq.) or any other section of law
27 to the contrary, such bonds may be issued without the approval of
28 the capital projects review board.
29 The issuance of the bonds shall be approved by the board of
30 education of the renaissance school district, or the State district
31 superintendent in the case of a school district under full State
32 intervention or partial State intervention in which the governance
33 component has not been returned to the district. The approval shall
34 be evidenced by the adoption of a resolution by the board of
35 education in a public meeting upon an affirmative vote of two36
thirds of its full membership certifying the support of the board for
37 the issuance of the bonds, or if the school district is under full or
38 partial State intervention and the governance component has not
39 been returned to the district, a certification, affidavit, or other sworn
40 statement signed by the State district superintendent supporting the
41 issuance.
42 b. Notwithstanding the provisions of any other law to the
43 contrary, a county or county improvement authority may issue
44 bonds in order to finance the construction of a renaissance school
45 project.
46 c. Notwithstanding the provisions of N.J.S.18A:22-20,
47 N.J.S.18A:22-30, or any other section of law to the contrary, the
48 principal and interest payments on the bonds issued pursuant to this
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section shall be paid by the board of 1 trustees of the renaissance
2 school. The board of education, the State district superintendent,
3 the municipality, the county, or the county improvement authority,
4 as applicable, shall enter into an agreement with the board of
5 trustees of the renaissance school for the payment of the principal
6 and interest. The agreement shall include the total amount of
7 bonded indebtedness to be repaid, the schedule of required debt
8 service payments, and the amount of each individual payment. The
9 commissioner shall approve any agreement entered into pursuant to
10 this section prior to the issuance of the bonds.
11 d. Bonds issued by a school district, municipality, or county to
12 finance a renaissance school project pursuant to this section, shall
13 be entitled to the benefits of the “New Jersey School Bond Reserve
14 Act,” P.L.1980, c.72 (C.18A:56-17 et seq.).
15 e. The provisions of P.L.1969, c.130 (C.18A:24-61.1 et seq.)
16 shall be applicable to bonds issued pursuant to this section.
17 f. In the event the authorization to operate a renaissance school
18 project is terminated or expires for any reason, title to the
19 renaissance school project shall revert to the board of education of
20 the renaissance school district and any bonds issued to finance the
21 project shall be eligible for State debt service aid.
22
23 14. The Commissioner of Education, pursuant to the
24 “Administrative Procedures Act,” P.L.1968, c.410 (C.52:14B-1 et
25 seq.) shall adopt regulations to effectuate the purposes of this act;
26 except that, notwithstanding any provision of P.L.1968, c.410
27 (C.52:14B-1 et seq.), to the contrary, the commissioner may adopt,
28 immediately upon filing with the Office of Administrative Law,
29 such regulations as the commissioner deems necessary to
30 implement the provisions of this act, which regulations shall be
31 effective for a period not to exceed 12 months and may, thereafter,
32 be amended, adopted, or readopted by the commissioner in
33 accordance with the requirements of P.L.1968, c.410 (C.52:14B-1
34 et seq.).
35
36 15. This act shall take effect immediately.
37
38
39 STATEMENT
40
41 The bill is entitled the “Urban Hope Act.” The bill authorizes
42 the designation of three failing school districts as renaissance
43 school districts. A “failing district” is defined in the bill as: (1) in
44 the case of a school district located in a city of the first class, a
45 school district in which at least 30% of the students scored in the
46 partially proficient range in the language arts and mathematics
47 sections of each State assessment administered in the 2009-2010
48 school year; and (2) in the case of a school district located in a city
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of the second class, a school district 1 in which at least 55% of the
2 students scored in the partially proficient range in the language arts
3 and mathematics sections of each State assessment administered in
4 the 2009-2010 school year. Under this definition, the Newark
5 School District, the Jersey City School District, and the Camden
6 School District would be “failing districts.”
7 Under the provisions of the bill, one or more nonprofit entities,
8 with the approval of the board of education, may apply to the
9 commissioner to create up to a total of four renaissance school
10 projects in a renaissance school district. A renaissance school
11 project is defined as a school, or group of schools in a common
12 campus setting, that provides an educational program for students
13 enrolled in grades K through 12 or in a grade range less than K
14 through 12, that is agreed to by the school district, and is operated
15 and managed by a nonprofit entity, including an approved charter
16 school, in a renaissance school district.
17 The bill provides that the costs of a renaissance school project,
18 including the costs of land acquisition, site remediation, site
19 development, design, construction, and any other costs required to
20 place into service the school facility or facilities constituting the
21 renaissance school projects, would be the sole expense of the
22 nonprofit entity. However, the nonprofit entity may use State funds
23 to pay for a lease, debt service, or mortgage for any facility
24 constructed or otherwise acquired.
25 If an entity seeks to build a school facility on land owned by the
26 Schools Development Authority, the bill provides that the authority
27 may convey the land to either the renaissance school district or the
28 entity. The conveyance must (1) contain a restriction that the land
29 must be used solely for a school or it will revert to the authority;
30 and (2) be for such consideration and on such terms as the authority
31 determines to be in the best interests of the State.
32 Under the provisions of the bill, whenever a board of education
33 determines that any tract of land is no longer desirable or necessary
34 for school purposes it may authorize the conveyance, for a nominal
35 consideration, to a renaissance school project. If the property
36 ceases to be used for school purposes by the renaissance school
37 project, the property would revert to the board of education.
38 Under the provisions of the bill, the renaissance school district
39 would pay annually to the nonprofit entity an amount per pupil
40 equal to 95% of the district’s per pupil total expenditure. “Per pupil
41 expenditure” is defined as the sum of the budget year equalization
42 aid per pupil, budget year adjustment aid per pupil, and the
43 prebudget year general fund tax levy per pupil inflated by the CPI
44 rate most recent to the calculation. The renaissance school district
45 would also pay to the renaissance school project the security
46 categorical aid attributable to the student, a percentage of the
47 district's special education categorical aid equal to the percentage of
48 the district's special education students enrolled in the renaissance
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school project, and if applicable 1 100% of preschool education aid.
2 The district would also pay directly to the renaissance school
3 project any federal funds attributable to the student.
4 All principals, administrators, classroom teachers, and
5 professional support staff must hold the appropriate certifications.
6 The bill states that a renaissance school project is a public
7 school. The bill further provides that nothing contained in the bill,
8 however, would restrict a for-profit entity from constructing a
9 renaissance school project, or a renaissance school project from
10 being located on land owned by a for-profit entity. The bill also
11 provides that the renaissance school project is authorized to retain
12 any business entity whose primary purpose is the staffing,
13 operation, and management of schools in the United States, except
14 as it relates to instructional services.
15 Under the provisions of the bill, a nonprofit entity or any entity
16 acting in cooperation with the renaissance school project is not
17 subject to the public bidding requirements for goods and services
18 and any contract entered into by the nonprofit entity is deemed not
19 to be a public contract or a public work. The bill states, however,
20 that a contract entered into by the nonprofit entity or any entity
21 acting in cooperation with the renaissance school project is a public
22 work for the purposes of the "New Jersey Prevailing Wage Act"
23 and subject to the applicable provisions of that act.
24 A renaissance school project approved under the provisions of
25 the bill, would be authorized for 10 years. The commissioner must
26 annually assess whether each renaissance school project is meeting
27 certain goals and improving student achievement. In order to
28 facilitate this assessment, each renaissance school project, through
29 its nonprofit entity, must submit an annual report to the
30 commissioner.
31 Five years following the date of the opening of the first
32 renaissance school project, a review of the efficacy of the program
33 must be conducted by an independent education researcher or
34 research organization. The costs of the independent review will be
35 borne by the department. The commissioner must report the results
36 of the review. He must also report on the efficacy of the schools in
37 educating students and whether additional renaissance school
38 districts should be authorized and, if so, how many.
39 The bill authorizes the board of education of a Type II school
40 district to issue bonds without voter approval to finance the
41 construction of a renaissance school project. In the case of a Type
42 II district with a board of school estimate or a Type I district, bonds
43 may be issued without the approval of the board of school estimate
44 or the adoption of a municipal ordinance, as applicable. The bill
45 also authorizes a county or county improvement authority to issue
46 bonds to finance the construction of a renaissance school project.
47 These bonds would not be supported through local tax levy, but
48 rather the board of education, the State district superintendent, the
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municipality, the county, or the county improvement 1 authority, as
2 applicable, would enter into an agreement with the board of trustees
3 of the renaissance school project for the payment of the principal
4 and interest on the bonds in accordance with a schedule of
5 payments to be made by the renaissance school project. The
6 commissioner would have to approve each such agreement.
7 Bonds issued by a school district, municipality, or county to
8 finance a renaissance school project will be entitled to the benefits
9 of the “New Jersey School Bond Reserve Act.” The school bond
10 reserve is pledged by law to secure payments of principal and
11 interest due on bonds issued for school purposes in the event of the
12 inability of the issuer to make payment