Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Passaic)
Co-Sponsored by:
Senator Space
SYNOPSIS
Requires legislative approval of State Board of Education rules and regulations; repeals equity regulations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the rule-making authority of the State Board of Education, amending N.J.S.18A:4-15, and supplementing chapter 36 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:4-15 is amended to read as follows:
18A:4-15. a. The [state board] State Board of Education shall make and enforce, and may alter and repeal, rules or regulations for its own government and for implementing and carrying out the school laws of this [state under] State pursuant to which it has jurisdiction.
b. (1) Notwithstanding the provisions of subsection a. of this section or the provisions of the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, actions taken by the State board pursuant to subsection a. of this section on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall require the approval of the Legislature, including, but not be limited to:
(a) the adoption, amendment, or repeal of any rule or regulation;
(b) the readoption of any expiring rule or regulation;
(c) the proposed readoption to any existing rule or regulation without changes;
(d) the proposed readoption of any rule or regulation with technical changes; and
(e) the proposed readoption of any expiring rule or regulation with substantive changes.
As used in this paragraph:
"Substantive changes" shall have the same meaning as defined in paragraph (2) of subsection c. of section 10 of P.L.2001, c.5 (C.52:14B-5.1).
"Technical changes" shall have the same meaning as defined in paragraph (1) of subsection c. of section 10 of P.L.2001, c.5 (C.52:14B-5.1).
(2) The State board shall submit the proposed rule or readoption to the Legislature, and the Legislature shall adopt a concurrent resolution to approve or disapprove the rule or readoption. In the event that the Legislature adopts a concurrent resolution to approve the proposed rule or readoption of an expiring rule, it shall be adopted or readopted in accordance with the provisions of the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.). In the event that the Legislature adopts a concurrent resolution to disapprove the proposed rule or readoption of an expiring rule, it shall not be adopted or readopted.
c. The State board shall include the concurrent resolution passed by the Legislature pursuant to paragraph (2) of subsection b. of this section when filing a notice of proposal or notice of adoption with the Office of Administrative Law.
(cf: N.J.S.18A:4-15)
2. (New section) The State
Board of Education rules and regulations promulgated in chapter 7 of Title 6A
of the New Jersey Administrative Code, titled Managing for Equity in
Education, are deemed to be null and void in their entirety, and shall be
given no force or effect following the effective date of P.L. ,
c. (C. ) (pending before the Legislature as this bill).
3. This act shall take effect immediately.
STATEMENT
This bill requires legislative approval for all rules and regulations promulgated by the State Board of Education and repeals the entirety of the Managing for Equity in Education regulations found within chapter 7 of Title 6A of the New Jersey Administrative Code (N.J.A.C.6A:7).
Under the bill, the State Board of Education is required to obtain legislative approval prior to adopting any new rule; amending a rule, readopting an expiring rule; or readopting a rule without changes, with technical changes, or with substantial changes. This legislative approval is to be in the form of the passage of a concurrent resolution. If the Legislature adopts a concurrent resolution to approve the rule or readoption, the rule is required to be adopted in accordance with the Administrative Procedure Act. If the Legislature adopts a concurrent resolution to disapprove the rule or readoption, it cannot be adopted.
Additionally, the bill provides that the State board is required to include the concurrent resolution when filing for a notice of proposal or notice of adoption with the Office of Administrative Law.
Finally, this bill repeals the State boards Managing for Equity in Education regulations recently adopted and found within N.J.A.C.6A:7.