Bill Text: NJ A2109 | 2014-2015 | Regular Session | Introduced
Bill Title: Provides that a charter school may only be established in certain school districts and prohibits further payments to a charter school in the event of closure.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Education Committee [A2109 Detail]
Download: New_Jersey-2014-A2109-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Provides that a charter school may only be established in certain school districts and prohibits further payments to a charter school in the event of closure.
CURRENT VERSION OF TEXT
As introduced.
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. (New section) In the event that a charter school closes prior to the end of the school year, a charter school student's district of residence shall not forward any further payments to the charter school.
2. 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, representatives of the private entity 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.
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 district superintendent, in the case of a school district under full State intervention, in the school year preceding the school year in which the charter school will be established. Notice of the filing of the application shall be sent immediately by the commissioner to the members of the State Legislature, school superintendents, and mayors and governing bodies of all legislative districts, school districts, or municipalities in which there are students who will be eligible for enrollment in the charter school. The board of education or State district 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 Appellate Division of the Superior Court.
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.
Any two charter schools within the same public school district that are not operating the same grade levels may petition the commissioner to amend their charters and consolidate into one school. The commissioner may approve an amendment to consolidate, provided that the basis for consolidation is to accommodate the transfer of students who would otherwise be subject to the random selection process pursuant to section 8 of P.L.1995, c.426 (C.18A:36A-8).
f. The commissioner shall not approve a charter school application unless the school district in which the charter school is located is a failing school district.
As used in this subsection, "failing school district" means a school district in need of improvement as defined pursuant to the "No Child Left Behind Act of 2001," Pub.L.107-110.
(cf: P.L.2011, c.140)
3. This act shall take effect immediately.
STATEMENT
This bill provides that the Commissioner of Education will not approve a charter school application unless the school district in which the charter school is located is a failing school district. Under the bill, "failing school district" means a school district in need of improvement as defined pursuant to the "No Child Left Behind Act of 2001," Pub.L.107-110.
The bill also provides that in the event that a charter school closes prior to the end of the school year, a charter school student's district of residence shall not forward any further payments to the charter school.
