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:  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the school construction program to make the process more efficient for the school districts  Eliminate redundant and outdated provisions 2

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  Public records – eliminate “right-to know” regulations because they are superseded by Open Public Records Act. 3

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. 4

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). 5

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. 6

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