New Jersey § 18a:7a-53

§ 18a:7a-53.

a. A district which has been certified as a Level I district by the State Board of

Education as of the effective date of this act, 1 shall be phased into the three-year evaluation process and , in accordance with a schedule established by the commissioner, be evaluated by the

commissioner in the five key components of school district effectiveness as set forth

in section 10 of P.L.1975, c. 212 ( C.18A:7A-10 ). Based on a district's compliance with the quality performance indicators, the commissioner

shall assess district effectiveness and place the district on the performance continuum. During the phase-in, a district which has not undergone an evaluation in the five

key components of school district effectiveness shall continue to complete and submit

a quality assurance annual report in accordance with State board regulations in effect

prior to the effective date of P.L.2007, c. 16 . b. A State-operated district or a district which has been certified as a Level II

or a Level III district by the State Board of Education as of the effective date of

this act, shall be evaluated by a team of highly skilled professionals in the five

key components of school district effectiveness as set forth in section 10 of P.L.1975,

c. 212 ( C.18A:7A-10 ). The evaluation shall be completed within 120 days of the date on which rules promulgated by the commissioner pursuant to section 39 of this act ( C.18A:7A-53.1 ) become effective. The commissioner shall establish a process for the receipt of comments from the

public during the evaluation. The commissioner shall provide a report of the evaluation to the district within 30 days of the completion of the evaluation. The report shall contain the commissioner's determination of the district's placement

on the performance continuum. The district shall have 30 days from the date of receipt of the report to appeal

the placement decision to the State board . The commissioner shall make a recommendation to the State Board of Education if

the recommendation is to place the district under partial or full State intervention. The commissioner and State board shall take whatever action is appropriate based

on the district's placement on the performance continuum. c. Notwithstanding any other provision of law to the contrary, if a State-operated district

is placed under partial State intervention, the board of education shall continue

to have the rights, powers, and duties of an advisory board, until the district successfully

meets the quality performance indicators for the governance component of school district

effectiveness. Despite the continuation of the board of education as an advisory board, the State

board, upon the recommendation of the commissioner, may return some voting functions

to the board of education as part of and in furtherance of the process of a transition

to local control. If some voting functions are returned to the board of education, the commissioner

or his designee shall have the authority to veto any action by the board of education

until the governance component of school district effectiveness is returned to local

control. A true copy of the minutes of every meeting of the board of education shall be forthwith

delivered by and under the certification of the secretary thereof to the commissioner

or his designee. No action taken at that meeting of the board of education shall have force or effect

until 15 days after a copy of the minutes shall have been so delivered unless during

that 15-day period the commissioner or his designee shall approve those minutes, in

which case the action shall become effective upon that approval. If, in the 15-day period, the commissioner or his designee returns the copy of those

minutes with a veto of any action taken by the board of education or any member thereof

at that meeting, the action shall be null and void and of no effect. d. If a State-operated school district evaluated pursuant to subsection b. of this section

successfully meets the quality performance indicators for the governance component

of school district effectiveness, then one year following the State's withdrawal from intervention in that component , the board of education shall call a special election for purposes of placing the

question of classification status before the voters of the district, which election

shall be conducted in accordance with the provisions of Title 19 of the Revised Statutes

concerning school elections. If the voters of the district elect to become a type I district, it shall be governed

by the provisions of chapter 9 of Title 18A of the New Jersey Statutes relating to

type I districts after January 31 next ensuing, unless the district is established

in a city of the first class, in which case it shall be governed after June 30 next

ensuing. The members of the district board of education at the time of said election shall

continue in office until expiration of their respective terms and the qualification

in office of their successors. If the voters of the district elect to become a type II district, it shall be governed

by the provisions of chapter 9 of Title 18A relating to type II districts and the

members of the board of education at the time of said election shall remain and continue

in office until the expiration of their respective terms and the qualification of

their respective successors. e. The board of education of a State-operated school district that successfully meets

the quality performance indicators for the governance component of school district

effectiveness shall be permitted to extend the contract of the superintendent who

holds the position at the time of the evaluation conducted pursuant to subsection

b. of this section, provide 18-months' notice to the superintendent to modify the

contract, or allow the contract in effect to expire with the appropriate statutory

notice pursuant to subsection b. of section 4 of P.L.1991, c. 267 ( C.18A:17-20.1 ). 1

L.2005, c. 235, effective Sept. 26, 2005.