New Jersey § 18a:13-46

§ 18a:13-46.

a. Notwithstanding the provisions of any section of law to the contrary, the board

of education of a regional district and the board or boards of education of one or

more local districts determined to enlarge the regional school district may by resolution

frame and adopt a proposal to calculate and apportion the membership of the enlarged

board of education other than in accordance with the provisions of N.J.S.18A:13-8 and N.J.S.18A:13-36 . If the commissioner approves the alternative apportionment, then that alternative

apportionment shall be included in the consultation, study, and investigation conducted

pursuant to N.J.S.18A:13-43 to determine whether it is advisable to enlarge the regional school district to include

the local district or districts therein. If the commissioner or his representative determines that it is advisable to enlarge

the regional school district to include the local district or districts therein, and

the question of whether or not the proposal to enlarge the regional district is submitted

to the voters pursuant to N.J.S.18A:13-43 , and the proposal is adopted by the voters pursuant to N.J.S.18A:13-44 , then the members of the enlarged board of education of the regional district shall

be elected in accordance with the alternate apportionment. For an enlarged regional district with a board of education apportioned pursuant to

this section, the executive county superintendent of the county in which any new constituent

district of an enlarged regional district is situate shall, not later than 30 days

after the election for the enlargement thereof, appoint one member of the enlarged

board of education of the regional district from among the qualified citizens of each

new constituent district, and the members so appointed shall serve until the first

Monday succeeding the first annual April school election of the enlarged regional

district. In the case of a regional district in which the annual school election is in November,

the members so appointed shall serve until the first week in January next succeeding

the first annual November school election of the enlarged regional district. b. The commissioner shall reapportion the membership of the enlarged board of education

in accordance with the alternative apportionment determined pursuant to this section,

and shall designate the number of members to be elected from each constituent school

district. All members of the board of education of the enlarged regional district shall be

elected in accordance with the alternative apportionment at the next annual school

election after the election to enlarge the regional district. c. The commissioner shall allocate the initial elective terms for the first elective

members of the enlarged board in the following manner: (1) In regional districts having nine members, three members shall be elected for

three years, three for two years and three for one year, which terms shall be allocated

to the constituent districts to the extent of apportioned membership on the regional

board of education, starting with the allocation of the terms of three years, by allocating

one of such terms to each of the constituent districts in the alphabetical order of

the names of such districts, and continuing then still in such order with allocation

of the terms of two years and with allocation of the terms of one year. (2) In regional districts in which there are more than nine constituent school districts,

the allocation for the tenth district shall be a term of three years, for the eleventh

district a term of two years, and for the twelfth district a term of one year, with

continuation of such rotation until provision has been made for allocation of the

terms to all districts. d. Notwithstanding any provision of this section to the contrary, the last federal

census officially promulgated in this State as reported by the Secretary of State

pursuant to section 1 of P.L.2021, c. 198 ( C.52:4-1.6 ) shall be the basis for apportionment under this section.