House Copy OLS Copy Public Copy For Official House Use BILL NO. Date of Intro. Ref.

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1 9/16/2016 kf BPU# G:\CMUEDU\E02\BILLS \E02_0116.DOCX ER 021 SR 242 TR 065 DR N CR 20 House Copy OLS Copy Public Copy For Official House Use BILL NO. Date of Intro. Ref. NOTE TO SPONSOR Notify OLS if you require changes in this document. A revised copy for introduction will be prepared on the legislative computer system. Handwritten changes will not appear in the printed bill. A CONCURRENT RESOLUTION establishing the Joint Legislative Committee on Public School Funding Reform to make recommendations to both Houses of the Legislature regarding proposals on the funding of public schools and to provide for the jurisdiction and procedures thereof. Establishes Joint Legislative Committee on Public School Funding Reform to recommend proposals on State funding of public schools. PRIME Sponsor / CO-Sponsor District CO-Sponsor District Same as 14/15 Same as 16/17 Suggested allocation:

2 A CONCURRENT RESOLUTION establishing the Joint Legislative Committee on Public School Funding Reform to make recommendations to both Houses of the Legislature regarding proposals on the funding of public schools and to provide for the jurisdiction and procedures thereof. WHEREAS, In July of 2006, the Legislature adopted Assembly Concurrent Resolution No. 3 that established the Joint Legislative Committee on Public School Funding Reform to review and formulate proposals that address the manner in which the State provides for the maintenance and support of a system of free public schools for the instruction of children of this State; and WHEREAS, In November of 2006, the Joint Legislative Committee on Public School Funding Reform issued a report that included 28 recommendations many of which formed the basis for the school funding formula that was enacted under the School Funding Reform Act of 2008 (SFRA), P.L.2007, c.260 (C.18A:7F-43 et al.); and WHEREAS, For the first time in almost 30 years, the New Jersey Supreme Court determined that the State under the SFRA had enacted a constitutionally adequate school funding scheme (Abbott v. Burke, 199 N.J. 140 (May 2009)) that satisfied the requirements of the thorough and efficient clause of the State Constitution; and WHEREAS, While the SFRA was used to distribute State school aid for the school year, since then the SFRA has not been fullyfunded and its provisions which lay out a constitutional pathway for the distribution of State school aid have been ignored and overridden; and WHEREAS, The plan established under the SFRA to provide full-day preschool for the State s at-risk students has not been implemented despite the fact that preschool has been identified as a proven strategy and critical component in ensuring that the State s most vulnerable students are able to perform at the same level as their more advantaged peers; and WHEREAS, While the SFRA established a mechanism for the Governor through the Commissioner of Education to ensure that SFRA s formulas and per pupil amounts remain current through the issuance of an Educational Adequacy Report every three years, these reports have not been issued in a timely manner and in accordance with the schedule established under the law, and have failed to include the data and research required to support the recommendations included in those reports; and WHEREAS, While the SFRA also authorized the Legislature to advise the Governor of the Legislature s objections to the Educational Adequacy Report through the adoption of a concurrent resolution and directed the commissioner to submit a revised report which responds to the Legislature s objections, the revised reports have not been responsive to those concerns and again failed to provide the research and data necessary to support the commissioner s conclusions; and

3 2 WHEREAS, It has been 10 years since the Legislature engaged in a comprehensive review of the State s school funding formula, and during that period school districts have been significantly impacted by demographic and fiscal changes that have affected the ability of local communities to support the education of their students; and WHEREAS, In light of the changing dynamics in school districts and the failure of the State to adequately implement the provisions of the SFRA, such a legislative review is not only necessary but essential if the Legislature is to discharge its constitutional obligation; now therefore BE IT RESOLVED by the General Assembly of the State of New Jersey (the Senate concurring): 1. a. (1) There is created the Joint Legislative Committee on Public School Funding Reform. The committee shall consist of six members, three of whom shall be members of the Senate appointed by the President and three of whom shall be members of the General Assembly appointed by the Speaker. No more than two members of the committee appointed by the President of the Senate or the Speaker of the General Assembly shall be members of the same political party. A member may be removed from the committee for cause by the appointing officer, except that if any member is so removed, the appointing officer shall forthwith appoint another member in the same manner as the original appointment was made. The President and the Speaker shall each designate one appointee to the committee to serve as a cochairperson of the committee. (2) There is created a public school funding reform working group to provide information to the committee on issues associated with public school funding, and to serve in an advisory capacity and as a resource to the committee in its deliberations pursuant to subsection b. of this section. The working group shall consist of 12 members, one appointed by each of the following organizations: the New Jersey School Boards Association; the New Jersey Association of School Administrators; the New Jersey Association of School Business Officials; the New Jersey Principals and Supervisors Association; the Garden State Coalition of Schools; the New Jersey Council of County Vocational Schools; the New Jersey Education Association; the American Federation of Teachers New Jersey; the Education Law Center; Save Our Schools NJ; Statewide Parent Advocacy Network of New Jersey; and Advocates for Children of New Jersey (ACNJ). b. It shall be the duty of the committee to review the provisions of the School Funding Reform Act of 2008 (SFRA), P.L.2007 c.260 (C.18A:7F-43 et al.). The committee shall formulate proposals that address problems and issues that have arisen since the enactment of the law, including issues associated with changes in the demographics and fiscal conditions of school districts that

4 3 have impacted the ability of local communities to support the education of their students. The committee may also formulate proposals to phase in full funding of SFRA or of revisions to SFRA that the committee may recommend. c. The committee shall review all relevant statutes, regulations, opinions, and orders. As part of the review, the committee may consider pending and proposed bills and resolutions, as well as relevant reports and testimony. The deliberations of the committee shall conclude with a report, that shall be transmitted to the Senate and the General Assembly, which shall include legislation to bring about the recommended public school funding reform. 2. The committee shall organize as soon as possible after the appointment of its members. Four members of the committee shall constitute a quorum for the transaction of any business. Official committee action shall be by a majority vote of the members serving on the committee. 3. The committee shall be entitled to call to its assistance and avail itself of the services of such employees of any State, county, or municipal department, board, bureau, commission, agency or authority as it may deem necessary or desirable and as may be available for its purposes. 4. Any member of the committee who does not concur with the report of the committee may issue a minority statement that shall be included in the transmitted report of the committee. 5. All public meetings when feasible shall be broadcast on the State Legislature s website. All meetings at which official committee action is taken shall be open to the public. The chairpersons of the committee shall notify the Office of Legislative Services, for posting and distribution to the public, of the time, place, and agenda of each meeting of the committee. The notice shall be distributed to the public at least five days prior to the meeting of the committee, except in the case of an emergency or when the presiding officers, acting jointly, waive the notice requirement. 6. This concurrent resolution shall take effect immediately. STATEMENT This concurrent resolution establishes the Joint Legislative Committee on Public School Funding Reform. The committee will consist of three members of the Senate appointed by the Senate President and three members of the General Assembly appointed by the Speaker. No more than two members appointed by the Senate

5 4 President or the Speaker may be of the same political party. The Senate President and the Speaker will each designate one of their appointees to serve as a co-chairperson of the committee. The resolution also establishes a public school funding reform working group to provide information to the committee on issues associated with public school funding, and to serve in an advisory capacity and as a resource to the committee in its deliberations. The working group will be composed of 12 members who are representatives of educational and child advocacy organizations. The resolution directs the joint legislative committee to review the provisions of the School Funding Reform Act of 2008 (SFRA), P.L.2007, c.260 (C.18:7F-43 et al.). The committee is to formulate proposals that address problems and issues that have arisen since the enactment of the law, including issues associated with changes in the demographics and fiscal conditions of school districts that have impacted the ability of local communities to support the education of their students. The committee may also formulate proposals to phase in full-funding of the SFRA or revisions to the SFRA that the committee may recommend. The committee will issue a report to be transmitted to the Senate and General Assembly that includes legislation to bring about the recommended public school funding reform. Establishes Joint Legislative Committee on Public School Funding Reform to recommend proposals on State funding of public schools.