New Jersey § 18a:7g-4

§ 18a:7g-4.

a. By December 15, 2000 and by October 1, 2005, each district shall prepare and submit

to the commissioner a long-range facilities plan that details the district's school

facilities needs and the district's plan to address those needs for the ensuing five

years. Following the approval of the 2005 long-range facilities plan, each district shall

amend its long-range facilities plan at least once every five years to update enrollment

projections, building capacities, and health and safety conditions. The long-range facilities plan shall incorporate the facilities efficiency standards

and shall be filed with the commissioner for approval in accordance with those standards. For those Abbott districts that have submitted long-range facilities plans to the

commissioner prior to the effective date of P.L.2000, c. 72 ( C.18A:7G-1 et al.), this subsection shall not be read to require an additional filing by October

1, 2000. b. Notwithstanding any other law or regulation to the contrary, an application for

a school facilities project pursuant to section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ) shall not be approved unless the district has filed a long-range facilities plan

that is consistent with the application and the plan has been approved by the commissioner;

except that prior to October 1, 2000, the commissioner may approve an application

if the project is necessary to protect the health or safety of occupants of the school

facility, or is related to required early childhood education programs, or is related

to a school facility in which the functional capacity is less than 90 percent of the facilities efficiency standards based on current school enrollment, or the

district received bids on the school facilities project prior to the effective date

of P.L.2000, c. 72 ( C.18A:7G-1 et al.) and the district demonstrates that further delay will negatively affect the

cost of the project. c. An amendment to a long-range facilities plan may be submitted at any time to the

commissioner for review and determination on the approval or disapproval of the amendment. d. Each long-range facilities plan shall include a cohort survival methodology or

other methodology approved by the commissioner, accompanied by a certification by

a qualified demographer retained by the district that serves as the basis for identifying

the capacity and program needs detailed in the long-range facilities plan. e. The long-range facilities plan shall include an educational adequacy inventory

of all existing school facilities in the district including the adequacy of school

facilities to educate within the district the existing and projected number of pupils

with disabilities, the identification of all deficiencies in the district's current

inventory of school facilities, which includes the identification of those deficiencies

that involve emergent health and safety concerns, and the district's proposed plan

for future construction and renovation. The long-range facilities plan submissions shall conform to the guidelines, criteria

and format prescribed by the commissioner. f. Each district shall determine the number of “unhoused students” for the ensuing

five-year period calculated pursuant to the provisions of section 8 of P.L.2000, c. 72 ( C.18A:7G-8 ). g. Each district shall submit the long-range facilities plan to the planning board

of the municipality or municipalities in which the district is situate for the planning

board's review and findings and the incorporation of the plan's goals and objectives

into the municipal master plan adopted by the municipality pursuant to section 19

of P.L.1975, c. 291 ( C.40:55D-28 ). h. (1) The commissioner shall develop, for the March 2002 Report on the Cost of Providing

a Thorough and Efficient Education issued by the commissioner pursuant to section

4 of P.L.1996, c. 138 ( C.18A:7F-4 ), facilities efficiency standards for elementary, middle, and high schools consistent

with the core curriculum school delivery assumptions in the report and sufficient

for the achievement of the core curriculum content standards, including the provision

of required programs in Abbott districts and early childhood education programs in

the districts in which these programs are required by the State. The area allowances per FTE student in each class of the district shall be derived

from these facilities efficiency standards. The commissioner shall revise the facilities efficiency standards and the area cost

allowance in accordance with such schedule as the commissioner deems necessary. The commissioner shall publish the revised facilities efficiency standards and the

area cost allowance in the New Jersey Register and, within a reasonable period of

time after 30 days following publication, shall file the revised facilities efficiency

standards and the area cost allowance with the Office of Administrative Law for publication

in the New Jersey Register and those standards shall become effective immediately

upon filing. During the 30-day period the commissioner shall provide an opportunity for public

comment on the proposed facilities efficiency standards and the area cost allowance. The facilities efficiency standards developed by the commissioner shall not be construction

design standards but rather shall represent the instructional spaces, specialized

instructional areas, and administrative spaces that are determined by the commissioner

to be educationally adequate to support the achievement of the core curriculum content

standards including the provision of required programs in Abbott districts and early

childhood education programs in the districts in which these programs are required

by the State. A district may design, at its discretion, the educational and other spaces to be

included within the school facilities project. The design of the project may eliminate spaces in the facilities efficiency standards,

include spaces not in the facilities efficiency standards, or size spaces differently

than in the facilities efficiency standards upon a demonstration of the adequacy of

the school facilities project to deliver the core curriculum content standards pursuant

to paragraph (2) of subsection g. of section 5 of P.L.2000, c. 72 ( C.18A:7G-5 ). Within a reasonable period of time after the effective date of P.L.2000, c. 72 ( C.18A:7G-1 et al.), the commissioner shall publish the facilities efficiency standards developed

for the 2000-2001, 2001-2002, and 2002-2003 school years in the New Jersey Register. Within a reasonable period of time after 30 days after publication in the New Jersey

Register, the commissioner shall file the facilities efficiency standards with the

Office of Administrative Law and those standards shall become effective immediately

upon filing with the Office of Administrative Law. During the 30-day period the commissioner shall provide an opportunity for public

comment on the proposed facilities efficiency standards. (2) Within 120 days of the effective date of P.L.2023, c. 311 ( C.18A:7G-5b et al.), the development authority, in consultation with the commissioner, shall

promulgate a model school design program that shall establish uniform standards for

the exterior and interior design of school facilities projects. The development authority may revise the model school design program as the development

authority deems necessary to incorporate advances or improvements in materials, technology,

construction methods, or educational standards. i. Within 90 days of the commissioner's receipt of a long-range facilities plan for

review, the commissioner shall determine whether the plan is fully and accurately

completed and whether all information necessary for a decision on the plan has been

filed by the district. If the commissioner determines that the plan is complete, the commissioner shall

promptly notify the district in writing and shall have 60 days from the date of that

notification to determine whether to approve the plan or not. If the commissioner determines that the plan is not complete, the commissioner shall

notify the district in writing. The district shall provide to the commissioner whatever information the commissioner

determines is necessary to make the plan accurate and complete. The district shall submit that information to the commissioner, and the commissioner

shall have 60 days from the date of receipt of accurate and complete information to

determine whether to approve the plan or not. j. Notwithstanding any provision in subsection i. of this section, if at any time

the number of long-range facilities plans filed by school districts with the commissioner

and pending review exceeds 20 percent of the number of school districts in New Jersey, the commissioner may extend by 60

days the deadline for reviewing each plan pending at that time. k. (Deleted by amendment, P.L.2007, c. 260 ). l . By July 1, 2001, the commissioner shall provide the Legislature with recommendations

to address the circumstances of districts which are contiguous with two or more Abbott

districts. The recommendations shall address the issues of the financing of school facilities

projects and the funding of the educational and other programs required within these

districts as a result of their unique demographic situation. m. By July 1, 2001, the commissioner shall study the Safe Schools Design Guidelines,

prepared by the Florida Center for Community Design and Research, which address the

issues of school safety and security through the design of school facilities. Based upon the commissioner's study, the commissioner shall issue recommendations

to districts on the appropriateness of including the Safe Schools Design Guidelines

in the design and construction of school facilities projects.