New Jersey § 18a:13-47

§ 18a:13-47.

a. Notwithstanding any other law, rule, or regulation to the contrary, a board of

education of a local school district or of a local school district constituting part

of a limited purpose regional district, the board of education or governing body of

a non-operating school district, or the governing body of a municipality constituting

a constituent district of a limited purpose regional district, part of an all purpose

regional district, or part of a consolidated school district may, by resolution, withdraw

from a limited purpose or all purpose regional district or consolidated school district

in order to form or enlarge a limited purpose or all purpose regional district provided

that the withdrawal: (1) is approved by the Commissioner of Education, in consultation with the Director

of the Division of Local Government Services in the Department of Community Affairs,

as meeting the criteria set forth in paragraphs (2) through (8) of this subsection,

which approval shall be obtained prior to any election held to determine whether to

form or enlarge a limited purpose or all purpose regional district that the withdrawing

board of education or governing body will join; (2) does not, and is not foreseeably likely to, increase or exacerbate the segregation

of students by racial, socioeconomic, disability, or English Language Learner status

as determined by the number and percentage of affected students enrolled in the school

districts seeking to consolidate or in the regional district or consolidated school

district from which a school district is seeking to withdraw; (3) consolidates school districts that are in close geographic proximity of each other. School districts need not be immediately contiguous as long as any geographic separation

is not so large as to contradict the potential for improved efficiency and cost savings; (4) to the maximum extent practicable, reduces student seat time and transportation

costs; (5) possesses the potential for improved efficiency and cost savings; (6) possesses the potential to advance an enhanced learning environment for participating

school districts; (7) coordinates curriculum across schools and grades throughout the proposed limited

purpose or all purpose regional district; and (8) reflects a documented commitment from the affected boards of education to make

good faith efforts to implement practices that promote efficiency and quality of education. b. A board of education of a local school district or of a local school district constituting

part of a limited purpose regional district, the board of education or governing body

of a non-operating school district, or the governing body of a municipality constituting

a constituent district of a limited purpose regional district, part of an all purpose

regional district, or part of a consolidated school district that withdraws from a

limited purpose or all purpose regional district or consolidated school district pursuant

to the provisions of subsection a. of this section shall pay transitional support

to the limited purpose or all purpose regional district or consolidated school district

in which it was formerly a member, less the tuition dollars paid pursuant to subsection

c. of this section, in an amount equal to the difference between the amount to be

paid to the limited purpose or all purpose regional district of which the district

or municipality will be a member and the amount paid to the former limited purpose

or all purpose regional district or consolidated school district during the final

year in which the district or municipality had been a member according to the following

schedule: (1) 100 percent during the first school year following withdrawal; (2) 80 percent during the second school year following withdrawal; (3) 60 percent during the third school year following withdrawal; (4) 40 percent during the fourth school year following withdrawal; and (5) 20 percent during the fifth school year following withdrawal. A board of education of a local school district or of a local school district constituting

part of a limited purpose regional district, the board of education or governing body

of a non-operating school district, or the governing body of a municipality of a constituent

district of a limited purpose regional district, part of an all purpose regional district,

or part of a consolidated school district shall not be responsible for any further

transitional payments required pursuant to this subsection following the end of the

fifth school year following withdrawal. c. A student residing in the withdrawing district on the date the district withdraws

pursuant to the provisions of this section may remain in the school in which the student

is enrolled at the time of withdrawal on a tuition basis, which tuition shall be paid

by the withdrawing district.