The 212th Legislature: A Retrospective Look

The 212th Legislature: A Retrospective Look

The 212th legislative session, which formally concluded on Jan. 7, featured many initiatives aimed at curtailing school boards’ authority and changing the way local districts operate.

With the growing call for property tax relief, much of the debate focused directly on school boards. In the end, NJSBA and local school boards were able to achieve some successes—and in other cases, curtail some of the damage that would have otherwise occurred.

A significant victory occurred when legislators tried to shift the Annual School Election date from April to the general elections in November, as part of an effort to increase voter participation. Many board members contacted their legislators to speak out against the concept of enmeshing partisan elections with school boards, and the proposal was ultimately withdrawn.

The Legislature also revamped the county superintendents’ position in the form of a new “executive county superintendent.” The initiative was designed to provide the state with more control over budget and spending decisions by local school boards. While the position was approved in legislation, it won’t be clear until all 21 positions have been filled exactly how the executive county superintendents will interact with local boards.

Mergers Consolidation was a hot issue in the special session. Ideas ranged from merging all districts into K-12 configurations to creating 21 county school districts. Initially, the executive county superintendent was to have the sole authority to eliminate all non K-12 districts. In the end, local boards won a key amendment that prevented any consolidation scheme from being implemented without the approval of voters.

Legislators approved a 4-percent cap on tax levy increases. And, beginning this year, school districts will need approval by at least 60 percent of the voters to exceed the levy cap, although districts can seek cap waivers from the Education Commissioner under limited circumstances.

Far-reaching legislation addressed the monitoring of local school districts’ performance under the rubric of the New Jersey Quality Single Accountability Continuum (NJQSAC). This legislation revised laws passed in 2005, and enabled the Department of Education to more effectively implement the new monitoring system. The monitoring schedule was accelerated from seven to three years, and the state created the position of “highly skilled professional” to oversee local districts’ performance.

Accountability The 212th session also saw the passage of the School District Accountability Act, a bill requiring school districts to provide user-friendly budgets and public documentation about contracts exceeding $75,000. The measure regulates travel and expense reimbursement for school employees and board members. The act expanded the training that school board members must take from NJSBA.

Finally, on the last day of the 212th session, the Legislature established the state’s new school funding formula, the School Funding Reform Act of 2008. Perhaps the most controversial of all action taken in the session, the law dramatically restructures the allocation of state school aid. Proponents of the measure say that it will provide a fairer distribution of aid targeting at-risk students, regardless of their geographic location. Opponents question whether it will meet constitutional scrutiny.