SENATE, No. 2361
STATE OF NEW JERSEY
INTRODUCED JANUARY 8, 1998
By Senator EWING
An Act concerning charter schools and amending and supplementing P.L.1995, c.426.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1995, c.426 (C.18A:36A-4) is amended to read as follows:
4. a. A charter school may be established by teaching staff members, parents with children attending the schools of the district, or a combination of teaching staff members and parents. A charter school may also be established by an institution of higher education or a private entity located within the State in conjunction with teaching staff members and parents of children attending the schools of the district. If the charter school is established by a private entity, whether for-profit or not-for-profit, representatives of the private entity may sit on the board of trustees but shall not constitute a majority of the trustees of the school, and the charter shall specify the extent to which the private entity shall be involved in the operation of the school. The name of the charter school shall not include the name or identification of the private entity, and the private entity shall not realize a net profit from its operation of a charter school. A private or parochial school shall not be eligible for charter school status.
b. A currently existing public school is eligible to become a charter school if the following criteria are met:
(1) At least 51% of the teaching staff in the school shall have signed a petition in support of the school becoming a charter school; and
(2) At least 51% of the parents or guardians of pupils attending that public school shall have signed a petition in support of the school becoming a charter school.
c. An application to establish a charter school shall be submitted to the commissioner and the local board of education or State superintendent, in the case of a State-operated school district, in the school year preceding the school year in which the charter school will be established. The board of education or State superintendent shall review the application and forward a recommendation to the commissioner within 60 days of receipt of the application. The commissioner shall have final authority to grant or reject a charter application.
d. The local board of education or a charter school applicant may appeal the decision of the commissioner to the State Board of Education. The State board shall only reverse the commissioner's decision if it determines that the decision was arbitrary and capricious. The State board shall render a decision within 30 days of the date of the receipt of [the] such appeal. If the State board does not render a decision within 30 days, the decision of the commissioner shall be deemed final.
e. A charter school established during the 48 months following the effective date of this act, other than a currently existing public school which becomes a charter school pursuant to the provisions of subsection b. of section 4 of this act, shall not have an enrollment in excess of 500 students or greater than 25% of the student body of the school district in which the charter school is established, whichever is less.
(cf: P.L.1995, c.426, s.4)
2. Section 6 of P.L.1995, c.426 (C.18A:36A-6) is amended to read as follows:
6. A charter school established pursuant to the provisions of this act shall be a body corporate and politic with all powers necessary or desirable for carrying out its charter program, including, but not limited to, the power to:
a. Adopt a name and corporate seal; however, any name selected shall include the words "charter school;"
b. Sue and be sued, but only to the same extent and upon the same conditions that a public entity can be sued;
c. Acquire real property from public or private sources, by purchase, lease, lease with an option to purchase, or by gift, for use as a school facility;
d. Receive and disburse funds for school purposes;
e. Make contracts and leases for the procurement of services, equipment and supplies, including contracts with vendors for the provision of educational services and programs and any other contracts which may be necessary to achieve the goals of the charter school;
f. Incur temporary debts in anticipation of the receipt of funds;
g. Solicit and accept any gifts or grants for school purposes; and
h. Have such other powers as are necessary to fulfill its charter and which are not inconsistent with this act or the requirements of the commissioner.
The board of trustees of a charter school shall comply with the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
(cf: P.L.1995, c.426, s.6)
3. Section 12 of P.L.1995, c.426 (C.18A:36A-12) is amended to read as follows:
12. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the district a presumptive amount equal to 90% of the [local levy budget] T&E program budget plus the portion of the district's local levy which is above the district's maximum T&E budget per pupil for the specific grade level in the district. At the discretion of the commissioner and at the time the charter is granted, the commissioner may require the school district of residence to pay directly to the charter school for each student enrolled in the charter school an amount equal to less than 90% percent, or an amount which shall not exceed 100% of the [local levy budget] T&E program budget plus the portion of the district's local levy which is above the district's maximum T&E budget per pupil for the specific grade level in the district of residence ;except that in the case of a residential charter school, the commissioner shall require the district of residence to pay 100% of the T&E program budget plus the portion of the district's local levy which is above the district's maximum T&E budget per pupil for the specific grade level in the district of residence. The per pupil amount paid to the charter school shall not exceed the [local levy budget] T&E program budget plus the portion of the district's local levy which is above the district's maximum T&E budget per pupil for the specific grade level in the district in which the charter school is located. The district of residence shall also pay directly to the charter school any categorical aid attributable to the student, provided the student is receiving appropriate categorical services, and any federal funds attributable to the student.
(cf: P.L.1995, c.426, s.12)
4. Section 17 of P.L.1995, c.426 (C.18A:36A-17) is amended to read as follows:
17. A charter granted by the commissioner pursuant to the provisions of this act shall be granted for a [four] five-year period and may be renewed for [a five-year period] periods of five years. The commissioner may revoke a school's charter if the school has not fulfilled any condition imposed by the commissioner in connection with the granting of the charter or if the school has violated any provision of its charter. The commissioner may place the charter school on probationary status to allow the implementation of a remedial plan after which, if the plan is unsuccessful, the charter may be summarily revoked. The commissioner shall develop procedures and guidelines for the revocation and renewal of a school's charter.
(cf: P.L.1995, c.426, s.17)
5. (New section) A charter school may apply to the commissioner for an amendment to its charter and may submit a request for an amendment at any time during the charter period. The board of trustees shall submit the request in the form of a board resolution to the commissioner and the local board of education or State superintendent, in the case of a State-operated district. The board of education or State superintendent may submit comments to the commissioner within 21 days of receipt of the resolution of the board of trustees. The commissioner shall evaluate the request and shall determine if the amendment will further the mission, goals and objectives of the charter school. The commissioner shall approve or disapprove the amendment within 30 days of receipt of the resolution of the board of trustees and the amendment shall only become effective upon the approval of the commssioner.
6. This act shall take effect effect for the 1998-99 school year.
STATEMENT
This bill makes a number of changes in the "Charter School Program Act of 1995," P.L.1995, c.426. Specifically the bill does the following:
clarifies that if a for-profit or not-for profit entity is involved in the formation of a charter school as authorized under current law, that members of that entity may sit on the board of trustees of the school;
provides that the State Board of Education shall only reverse a decision of the commissioner in regard to the granting of a charter if the State board finds the commissioner's decision to be arbitrary and capricious;
stipulates that the board of trustees of a charter school may enter into a contract with vendors for the provision of educational services and programs and any other contracts which may be necessary to achieve the goals of the charter school;
revises the current language in the law in regard to the funding of charter schools to conform the terminology with the new school funding law, the "Comprehensive Educational Improvement and Financing Act of 1996," P.L.1996, c.138. The bill clarifies the original intent of the Legislature as contained in the current law that the charter school is to receive for each student enrolled in the school a presumptive amount equal to 90% of the T&E program budget plus the portion of the district's local levy which is above the district's maximum T&E budget per pupil for the specific grade level in the district;
provides that the intial charter received by a school will be granted for a five-year period as opposed to four years under the current law; and
establishes a procedure for a charter school to request an amendment to its charter.
Revises certain procedures in the operation and funding of charter schools.