New Jersey S 1685: "New Jersey Fair Debt Collection Practices Act."

Bill Text

S1685 

SENATE, No. 1685 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator PARKER SPACE

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Restricts Commissioner of Education's authority to 
reject school district's budget proposal.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning the approval of a school district�s budget 
proposal and amending P.L.1996, c.138.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 6 of P.L.1996, 
c.138 (C.18A:7F-6) is amended to read as follows:

���� 6.��� a. [The 
commissioner shall not approve any budget submitted pursuant to subsection c. 
of section 5 of this act unless he is satisfied that the district has 
adequately implemented within the budget the thoroughness and efficiency 
standards set forth pursuant to section 4 of P.L.2007, c.260 (C.18A:7F-46).� In 
those instances in which a district submits a budget with a general fund tax 
levy and equalization aid set at less than its adequacy budget, the 
commissioner may, when he deems it necessary to ensure implementation of 
standards, direct additional expenditures, in specific accounts and for 
specific purposes, up to the district's adequacy budget.� A district which 
submits a budget with a general fund tax levy and equalization aid set at less 
than its adequacy budget and which fails to meet core curriculum content 
standards in any school year shall be required to increase expenditures so as 
to meet at least the adequacy budget within the next two budget years.� In all 
cases, including those instances in which a district submits a budget with a 
general fund tax levy and equalization aid above its adequacy budget, the 
commissioner may direct such budgetary reallocations and programmatic 
adjustments, or take such other measures, as he deems necessary to ensure 
implementation of the required thoroughness and efficiency standards.] (Deleted 
by amendment, P.L.��� , C.�� ) (pending before the Legislature as this bill)

���� b.��� [In addition, 
whenever] 
Whenever the commissioner determines, through the results of Statewide 
assessments conducted pursuant to law and regulation, or during the course of 
an evaluation of school performance conducted pursuant to section 10 of 
P.L.1975, c.212 (C.18A:7A-10), that a district, or one or more schools within 
the district, is failing to achieve the core curriculum content standards, the 
commissioner may summarily take such action as he deems necessary and 
appropriate, including but not limited to:

���� (1)� directing the 
restructuring of curriculum or programs;

���� (2)� directing staff 
retraining or reassignment;

���� (3)� conducting a 
comprehensive budget evaluation;

���� (4)� redirecting expenditures;

���� (5)� enforcing spending at the 
full adequacy budget; and

���� (6)� notwithstanding any 
provisions of the "New Jersey Employer-Employee Relations Act," 
P.L.1941, c.100 (C.34:13A-1 et seq.), to the contrary, reviewing the terms of 
future collective bargaining agreements.

���� The commissioner shall report 
any action taken under this subsection to the State board within 30 days.� A 
board of education may appeal a determination that the district is failing to 
achieve the core curriculum content standards and any action of the commissioner 
to the State board.

���� Nothing in this section shall 
be construed to limit such general or specific powers as are elsewhere 
conferred upon the commissioner pursuant to law.

���� Nothing in this act shall be 
deemed to restrict or limit any rights established pursuant to the "New 
Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et 
seq.), nor shall the commissioner's powers under this act be construed to 
permit the commissioner to restrict, limit, interfere with, participate, or be 
directly involved in collective negotiations, contract administration, or 
processing of grievances, or in relation to any terms and conditions of 
employment.� This provision shall apply to an existing State-operated school 
district or a district that is placed under full State intervention only after 
the terms and conditions of a contract have been finalized.

���� c.��� (Deleted by amendment, 
P.L.2007, c.260).

���� d.��� In addition to the audit 
required of school districts pursuant to N.J.S.18A:23-1, the accounts and 
financial transactions of any school district in which the State aid equals 80% 
or more of its net budget for the budget year shall be directly audited by the 
Office of the State Auditor on an annual basis.

���� e.��� (Deleted by amendment, 
P.L.2007, c.260).

���� f.���� The commissioner 
shall not reject any budget submitted pursuant to subsection c. of section 5 of 
P.L.1996, c.138 (C.18A:7F-5) due to the fact that the budget submitted includes 
a general fund tax levy or total general fu