New Jersey § 18a:7g-8

§ 18a:7g-8.

a. The number of unhoused students shall be calculated as the number of FTE students

who are projected to be enrolled in preschool for children with disabilities , preschool, kindergarten, grades 1 through 12, and special education services pupil

educational programs provided in a district within five years, which are in excess

of the functional capacity of the district's current school facilities or the functional

capacity of the school facilities which will be available within five years other

than the school facilities for which the preliminary eligible costs are determined,

based upon the district's long-range facilities plan. The determination of unhoused capacity shall separately consider projected enrollments

and functional capacities at the early childhood and elementary (preschool through

grade 5), middle (grades 6 through 8), and high school (grades 9 through 12) levels. For the purpose of calculating the district's unhoused students, special education

services students shall be considered part of the grade level to which the students'

chronological age corresponds. In the event that the commissioner approves a school facilities project which involves

the construction of a new school facility to replace an existing school facility,

which shall accommodate both the unhoused students and the students in the existing

school facility, the calculation of the number of unhoused students shall include

the number of students currently attending the existing facility which is to be replaced. b. Approved area for unhoused students (AU) shall be determined according to the following

formula: AU = (UEC x SEC) + (UE x SE) + (UM x SM) + (UH x SH) where UEC, UE, UM, UH are the numbers of unhoused students in the early childhood, elementary,

middle, and high school enrollment categories, respectively; and SEC, SE, SM, SH are the area allowances per FTE student in preschool and kindergarten,

grades 1 through 5, grades 6 through 8, and grades 9 through 12, respectively. Area allowances shall be determined based on the grade level of a student regardless

of the grade configurations used in the school buildings of the district. The minimum area allowance per FTE student shall be as follows: Preschool through grade 5 125 sq. ft. Grades 6 through 8 134 sq. ft. Grades 9 through 12 151 sq. ft. The commissioner, in consultation with the State Treasurer and the Commissioner of Community Affairs, shall adopt regulations that establish a process for the consideration

of special circumstances, in addition to those provided in section 5 of P.L.2010, c. 72 ( C.18A:7G-5 ) , in which the area allowances per FTE student established pursuant to this subsection

may be adjusted. Any decision made by the commissioner pursuant to those regulations shall be made

in consultation with the State Treasurer and the Commissioner of Community Affairs.