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Proposed Revisions to the Educational Facilities Regulations

Proposed Revisions to the Educational Facilities Regulations. N.J.A.C. 6A:26 and N.J.A.C. 6A:26A February 6, 2013. Proposed amendments would achieve several objectives:.

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Proposed Revisions to the Educational Facilities Regulations

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  1. Proposed Revisions to theEducational Facilities Regulations N.J.A.C. 6A:26 and N.J.A.C. 6A:26A February 6, 2013

  2. Proposed amendments would achieve several objectives: • Implement changes recommended by the Governor’s Education Transformation Task Force so as to streamline the school facilities process for school districts • Update rules for consistency with recent statutory changes • Incorporate process improvements gleaned from reexamining the effectiveness of the school construction program to make the process more efficient for the school districts • Eliminate redundant and outdated provisions

  3. Implement changes recommended by the Education Transformation Task Force • LRFP and School Facilities Project Applications – eliminate the listing of items that school districts must include in their submissions from the regulations. We will still continue to use the requirements contained in the statute. • LRFP – eliminate certain Department determinations concerning school facilities projects while reviewing LRFP’s. This is more appropriately handle at the project review stage. • Schools for disabled students – eliminate Department review of capital projects at such schools (facilities requirements are currently handled via UCC). • Public records – eliminate “right-to know” regulations because they are superseded by Open Public Records Act.

  4. Consistency with recent statutory changes (i.e. P.L. 2007, c.137 and P.L. 2008, c. 39) impacting the Educational Facilities Construction and Financing Act (EFCFA) • LRFP – require school districts to amend their LRFP at least every five years rather than submit a new plan in every school year ending in a “0” or “5” • Project prioritization - Revise the project prioritization process so that there is now an identification of the most educationally needed school facilities projects in SDA districts. • Revise the approach to emergent projects such that they would be treated as health and safety projects within the priority project categories consistent with current statute.

  5. Consistency with recent statutory changes (Con’t) • Eliminate provisions regarding the funding of community provider school facilities projects. • Eliminate provisions regarding SDA construction of school facilities projects in non-SDA districts. • Eliminate multiplier of 1.15 in calculating the State share of the final eligible costs of a school facilities project for Regular Operating Districts (ROD).

  6. Process improvements • Revise the review of project change orders so that change orders for all projects (SDA and non-SDA) would be reviewed if they impact the number, size, location, configuration, or use of an educational space.

  7. Eliminate redundant or outdated provisions • 26A Comprehensive Maintenance Plans eliminated and consolidated into Chapter 26. • Eliminate redundant definitions. • Defer to statutory definitions where appropriate. • Eliminate other outdated references that were relevant when the program started in 2000.

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