6:23A-1.2 Definitions
As used in this chapter, unless the context clearly indicates otherwise, the following words and terms shall have these meanings:
"Abbott district" means an Abbott district as defined in N.J.S.A.18A:7F-3.
"Additional space" means space in excess of the facilities efficiency standards.
"Adjusted gross square footage" means the gross square footage of a facility less excluded spaces.
"Application for State School Aid (ASSA)" means the application filed by a district pursuant to N.J.S.A. 18A:7F.-33, on a form issued by the Commissioner, pursuant to which the district sets forth student enrollment by category and other pertinent information.
"Approved area for unhoused students" means the product of the area allowance per FTE student times the number of unhoused students.
"Approved LRFP" or "approved plan" means an LRFP that conforms to the requirements of N.J.A.C. 6:23 and that has been determined by the Commissioner to ensure that over the next five years, the school facilities are educationally adequate to support the achievement of the Core Curriculum Content Standards.
"Area allowance per FTE student" means 125 square feet for preschool through grade five, 134 square feet for grades six through eight, and 151 square feet for grades nine through 12.
"Area cost allowance" means $138.00 per square foot for the school year 2000-2001 and shall be inflated by an appropriate cost index for the 2001-2002 school year. The area cost allowance used in determining preliminary eligible costs of school facilities projects shall be that of the year of application for approval of the school facilities project.
"Authority" means the New Jersey Economic Development Authority established pursuant to N.J.S.A. 34:1B-1 et seq.
"Capital maintenance" means maintenance intended to extend the useful life of a school facility, including upgrades and replacements of systems, such as structure, enclosure, mechanical, plumbing and electrical systems, and can be considered to be part of a school facilities project.
"Capital project" means a school facilities project, other capital project or land acquisition project.
"Capital reserve account" means the account established pursuant to N.J.A.C. 6:23A-5.
"Commissioner" means the Commissioner of Education or his or her designee.
"Community design feature" means any area, rooms, equipment, recreational area or playground included in a demonstration project which are to be used in common by students of the district and by residents of the community.
"Community provider" means a private entity which has contracted to provide early childhood education programs for an early childhood program aid (ECPA) district and which is licensed by the Department of Human Services to provide day care services pursuant to N.J.S.A. 30:5B-1 et seq. and is a tax exempt nonprofit organization.
"Community provider early childhood education facilities project" means a school facilities project consisting of one or more facilities in which early childhood education programs are provided to preschool students under contract with the ECPA district but which are owned and operated by a community provider.
"Core curriculum content standards" means the standards established pursuant to the provisions of subsection a of N.J.S.A. 18A:7F-4.
"Cost index" means the average annual increase, expressed as a decimal, in actual construction cost factors for the New York City and Philadelphia areas during the second fiscal year preceding the budget year as determined pursuant to regulations promulgated by the authority.
"Debt service" means and includes payments of principal and interest upon school bonds issued to finance the acquisition of school sites and the purchase or construction of school facilities, additions to school facilities, or the reconstruction, remodeling, alteration, modernization, renovation or repair of school facilities, including furnishings, equipment, architect fees and the costs of issuance of such obligations and shall include payments of principal and interest upon school bonds heretofore issued to fund or refund such obligations, and upon municipal bonds and other obligations which the Commissioner approves as having been issued for such purposes. Debt service pursuant to the provisions of N.J.S.A. 18A:58-33.22 et seq., 18A:58-33.6 et seq. and 18A:58-33.2 et seq. is excluded.
"Demonstration project" means a school facilities project selected by the State Treasurer for construction by a redevelopment entity pursuant to N.J.S.A. 18A:7G-6.
"Department" means the New Jersey Department of Education.
"District" means a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, a county special services school district established pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes, a county vocational school district established pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes, and a State operated school district established pursuant to N.J.S.A. 18A:7A-34 et seq.
"District aid percentage" means the number, expressed as a percentage derived from dividing the district's actual core curriculum standards aid calculated pursuant to N.J.S.A. 18A:7F-15 available as of the date of the Commissioner's determination of preliminary eligible costs by the district's actual Thorough and Efficient (T E) budget calculated pursuant to N.J.S.A. 18A:7F-13 (d) available as of the date of the Commissioner's determination of preliminary eligible cost.
"District board of education" or "board" means the local board of education or State district superintendent in the case of a State-operated district.
"District factor grouping" means an index of socioeconomic status established by the Department of Education based upon indicators available in the decennial census. Districts are arranged in 10 groups, DFG A through DFG J, A being the group with the lowest socioeconomic status, J the highest.
"Division" means the Division of Facilities and Transportation in the Department of Education.
"Early Childhood Education Expectations" means the Early Childhood Education Program Expectations: Standards of Quality established by the Department for early childhood education programs designed to support and prepare preschool students to meet the Core Curriculum Content Standards.
"Early Childhood Program Aid" or "ECPA" means aid provided pursuant to N.J.S.A. 18A:7F-16.
"Early Childhood Program Aid district" or "ECPA district" means a district that qualifies for early childhood program aid pursuant to N.J.S.A. 18A:7F-16.
"Educational adequacy" means an educationally adequate school facility encompassed within the facilities efficiency standards established by the Commissioner and N.J.A.C. 6:22.
"Estimated actual costs" means costs as determined pursuant to N.J.A.C. 6:23A-2.4.
"Excess costs" means the additional costs, if any, which shall be borne by the district, of a school facilities project which result from design factors that are not required to meet the facilities efficiency standards and not approved pursuant to N.J.S.A. 18A:7G-5 (g) or are not authorized as community design features included in final eligible costs pursuant to N.J.S.A. 18A:7G-6 (c).
"Excluded space" is an existing space not contained in the facilities efficiency standards that:
1. Delivers programs and services aligned to the Core Curriculum Content Standards;
2. Provides support services directly to students; or
3. Would, as demonstrated by the district, be structurally or fiscally impractical to convert to other uses contained in the facilities efficiency standards.
"Facility" means a school facility, temporary facility or other facility.
"Facilities efficiency standards" means the standards developed by the Commissioner pursuant to N.J.S.A. 18A:7G-4 (h) and published in the New Jersey Register.
"Fall survey report" means a report prepared by each district on a form provided by the Commissioner in accordance with N.J.S.A. 18A:7A-11 setting forth enrollment and other information concerning the district.
"Feasibility study" means, for purposes of an LRFP or school facilities project, a preconstruction evaluation undertaken by a district to determine whether, because of health and safety or efficiency, it would be more feasible to replace rather than renovate a school facility.
"Final eligible costs" means, for a school facilities project to be constructed by the authority, the final eligible costs of the school facilities project as determined by the Commissioner, in consultation with the authority, pursuant to N.J.S.A. 18A:7G-5; for a demonstration project, the final eligible costs of the project as determined by the Commissioner and reviewed by the authority which may include the cost of community design features which were reviewed by the authority and approved by the State Treasurer pursuant to N.J.S.A. 18A:7G-6; and for districts whose district aid percentage is less than 55 percent and which elect not to have the authority construct a school facilities project, final eligible costs as determined pursuant to N.J.S.A. 18A:7G-5 (h)(1).
"FTE" means, for purposes of a LRFP or school facilities project, a full-time equivalent student which is calculated as follows: in ECPA districts, each students in grades kindergarten through 12 shall be counted at 100 percent of the actual count of students, and each preschool student approved by the Commissioner to be served in the district shall be counted at 50 percent or 100 percent of the actual count of preschool students for an approved half-day or full-day program, respectively. In all other districts, each student in grades one through 12 shall be counted at 100 percent of the actual count of students; in the case of such districts which operate a half-day kindergarten program, each kindergarten students shall be counted at 50 percent of the actual count of kindergarten students; in the case of districts which operate a full-day kindergarten program or which currently operate a half-day kindergarten program but propose in the LRFP to build facilities to house a full-day kindergarten program, each kindergarten student shall be counted at 100 percent of the actual count of kindergarten students, and preschool students shall not be counted. In addition, each preschool handicapped child who is entitled to receive a full-time program pursuant to N.J.S.A. 18A:46-6 shall be counted at 100 percent of the actual count of these students in the district.
"Functional capacity" means the number of students that can be housed in a building in order to have a sufficient space for the building to be educationally adequate for the delivery of programs and services necessary for student achievement of the Core Curriculum Content Standards. Functional capacity is determined by dividing the adjusted gross square footage of a school building by the minimum area allowance per FTE student for the grade level students contained therein.
"Gross square footage" means the total square footage of a school facility.
"Land acquisition project" means a project to acquire land which at the time of the Department's review is not part of a school facilities project or another capital project.
"Lease purchase payment" means and includes payment of principal and interest for lease purchase agreements in excess of five years approved pursuant to N.J.S.A. 18A:20-4.2 (f) prior to the effective date of N.J.S.A. 18A:7G-1 et seq. (July 18, 2000) to finance the purchase or construction of school facilities, additions to school facilities, or the reconstruction, remodeling, alteration, modernization, renovation or repair of school facilities, including furnishings, equipment, architect fees and issuance costs. Approved lease purchase agreements in excess of five years shall be accorded the same accounting treatment as school bonds.
"Local portion" means the amount of school bonds issued as local funding for school facilities projects funded under N.J.S.A. 18A:7G-9 or18A:7G-10.
"Local share" means, in the case of a school facilities project to be constructed by the authority, the total costs less the State share as determined pursuant to N.J.S.A. 18A:7G-5; in the case of a demonstration project, the total costs less the State share as determined pursuant to N.J.S.A. 18A:7G-5 and 18A:7G-6; and in the case of a school facilities project not to be constructed by the authority, but which shall be financed pursuant to N.J.S.A. 18A:7G-15, the total costs less the State share as determined pursuant to that section.
"Local support" means the local share or local portion.
"Local unit" means a county, municipality, district board of education or any other political subdivision or instrumentality authorized to construct, operate and maintain a school facilities project and to borrow money for those purposes pursuant to law.
"Local unit obligations" means school bonds, notes, refunding bonds, refunding notes, lease obligations and all other obligations of a local unit which are issued or entered into for the purpose of paying for all or a portion of the costs of a school facilities project, including money payable to the authority.
"Long-range facilities plan" or "LRFP" means the plan required to be submitted to the Commissioner by a district pursuant to N.J.S.A. 18A:7G-4
and N.J.A.C. 6:23.
"New construction" means a school facilities project which consists of either:
1. New school facilities; and/or
2. Additions to school facilities characterized by an increase in the gross square footage of the school facility and which is necessary for reasons of unhoused students.
"Non-Abbott district" means all districts not included in the definition of an Abbott district in N.J.S.A. 18A:7F-3.
"Non-authority project" means a school facilities project of a district with a district aid percentage less than 55 percent that elects not to have the authority undertake the project.
"Other allowable costs" means the cost of temporary facilities, site remediation, site development, acquisition of land or other real property interests necessary to effectuate the school facilities project, fees for the services of design professionals, including architects, engineers, construction managers and other design professionals, legal fees, financing costs and the administrative costs of the authority or the district incurred in connection with the school facilities project.
"Other capital projects" means all projects, or portions thereof, that are not eligible for State support under EFCFA, including:
1. Capital projects for the construction or rehabilitation of other facilities;
2. Projects funded through lease purchase agreements not in excess of five years duration which are not for additions or improvements to an existing school facility;
3. Leases of school facilities;
4. Capital projects for which a district is not seeking State funds; and
5. Projects for which there are no costs eligible for State support.
"Other facilities" means athletic stadiums, grandstands, greenhouses, garages, facilities used for non-instructional or non-educational purposes, and any structure, building or facility used solely for school administration.
"Preliminary eligible costs" means the initial eligible costs of a school facilities project as calculated pursuant to the formulas set forth in N.J.S.A. 18A:7G-7, which shall be deemed to include the costs of construction and other allowable costs.
"Preschool students" means three and/or four year old children.
"Programmatic model" means a list of each general instructional space, specialized instructional space, administrative and support space, and the sizes and numbers thereof that would constitute a school facility adequate to support the achievement of the Core Curriculum Content Standards by the projected student enrollment.
"Redevelopment entity" means an entity authorized by a municipal governing body to implement plans and carry out redevelopment projects in the municipality pursuant to the "Local Redevelopment and Housing Law," N.J.S.A. 40A:12A-1 et seq.
"Rehabilitation" means a school facilities project consisting of the reconstruction, remodeling, alteration, modernization or repair of a school facility, but only for the purpose of keeping the school facility functional for its original purpose or for new purposes, and which does not increase the gross square footage of the school facility.
"Required maintenance" means, for purposes of determining "M" in the formula in N.J.A.C. 6:23A-2.8, specific maintenance activities required for system warranty purposes which are approved for repairs and replacements for the purpose of keeping a school facility open and safe for use or in its original condition, including repairs and replacements to a school facility's heating, lighting, ventilation, security and other fixtures to keep the facility or fixtures in effective working condition, and which does not consist of routine maintenance or capital maintenance. Required maintenance is not an eligible cost of a school facilities project.
"Routine maintenance" means contracted custodial or janitorial services, expenditures for the cleaning of a school facility or its fixtures, the care and upkeep of grounds or parking lots, and the cleaning of, or repairs and replacements to, movable furnishings or equipment. Routine maintenance is not an eligible cost of a school facilities project.
"School bonds" means, the case of a school facilities project which is to be constructed by the authority, a redevelopment entity, or a district under N.J.S.A. 18A:7G-15, bonds, notes or other obligations issued pursuant to N.J.S.A. 18A:24-1 et seq. to finance the local share; and, in the case of a school facilities project which is not to be constructed by the authority or a redevelopment entity, or financed under N.J.S.A.18A:7G-15, bonds, notes or other obligations issued by a district to finance the total costs.
"School enrollment" means the number of FTE students who, on the last school day prior to October 16 of the current school year, are recorded in the registers of the school except that it shall not include FTE students in evening programs, post-graduate students and post-secondary vocational students.
"School facility" means and includes any structure, building or facility used wholly or in part for academic purposes by a district or community provider, and facilities that physically support such structures, buildings and facilities, such as wastewater treatment facilities, power generating facilities, steam generating facilities and other central service facilities, but shall exclude other facilities as defined herein.
"School facilities project" means the acquisition, demolition, construction, improvement, repair, alteration, modernization, renovation, reconstruction or capital maintenance of all or any part of a school facility or of any other personal property necessary for, or ancillary to, any school facility, and shall include fixtures, furnishings and equipment, and shall also include, but is not limited to, site acquisition, site development, the services of design professionals such as engineers and architects, construction management, legal services, financing costs and administrative costs and expenses incurred in connection with the project. To qualify as a school facilities project, the project must be new construction in order to meet the housing needs of unhoused students, or rehabilitation for the purpose of keeping a school facility functional for its original purpose or for a new purpose accomplished within the gross square footage of the original building. Maintenance projects intended solely to achieve the design life of a school facility and routine maintenance do not constitute school facilities project.
"Special education services student" means a student receiving specific services pursuant to chapter 46 of Title 18A of the New Jersey Statutes and N.J.A.C. 6A:14.
"State debt service aid" means for school bonds issued for school facilities projects approved by the Commissioner after July 18, 2000 of districts which elect not to have the authority or a redevelopment entity construct the project or which elect not to finance the project under N.J.S.A. 18A:7G-15, the amount of State aid determined pursuant to N.J.S.A. 18A:7G-9; and for school bonds or certificates of participation issued for school facilities projects approved by the Commissioner prior to July 18, 2000, the amount of State aid determined pursuant to N.J.S.A. 18A:7G-10.
"State share" means the State's proportionate share of the final eligible costs of a school facilities project to be constructed by the authority as determined pursuant to N.J.S.A. 18A:7G-5; in the case of a demonstration project, the State's proportionate share of the final eligible costs of the project as determined pursuant to N.J.S.A. 18A:7G-5
and 18A:7G-6; and in the case of a school facilities project to be financed pursuant to N.J.S.A. 18A:7G-15, the State share as determined pursuant to that section. For Abbott districts, the State share shall be 100 percent.
"State support" is the State share or State debt service aid.
"Temporary facility" means a facility used for educating students on a temporary basis.
"Total costs" means, in the case of a school facilities project which is to be constructed by the authority or a redevelopment entity or finance pursuant to N.J.S.A. 18A:7G-15, the final eligible costs plus excess costs if any; and in the case of a school facilities project which is not to be constructed by the authority or a redevelopment entity or financed pursuant to N.J.S.A. 18A:7G-15, the total cost of the project as determined by the district.
"Uniform Construction Code" or "UCC" means N.J.A.C. 5:23-6.
"Unhoused students" means the number of students in excess of the functional capacity of a school facility calculated pursuant to N.J.A.C.6:23-2.2 (c).
"Useful life" means the applicable recovery period for depreciation purposes determined under Section 168 of the Internal Revenue Code of 1986, as amended and supplemented and regulations thereunder.