Bill Text: NJ A357 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits the conversion of nonpublic schools into charter schools.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Education Committee [A357 Detail]
Download: New_Jersey-2010-A357-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman MILA M. JASEY
District 27 (Essex)
Assemblyman ALBERT COUTINHO
District 29 (Essex and Union)
SYNOPSIS
Permits the conversion of nonpublic schools into charter schools.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the conversion of nonpublic schools into 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) a. The governing body of a nonpublic school may submit an application to the Commissioner of Education to convert the school to a charter school.
b. The application of a nonpublic school to convert to a charter school shall include the information required pursuant to section 5 of P.L.1995, c.426 (C.18A:36A-5). In addition, the application shall certify that upon conversion to charter school status the school shall prohibit religious instruction, events and activities that promote religious views, and the display of religious symbols. The name of the proposed charter school shall not include any religious reference.
c. Students enrolled in the nonpublic school in the school year preceding its conversion to a charter school shall be eligible to continue enrollment at the school after its conversion. Preference for any remaining enrollment spaces for the charter school for its first year, and for all enrollment spaces in each successive year, shall be provided pursuant to the provisions of section 8 of P.L.1995, c.426 (C.18A:36A-8).
d. Teaching staff and other employees of the nonpublic school may continue employment at the charter school upon its conversion, in accordance with the provisions of subsection c. of section 14 of P.L.1995, c.426 (C.18A:36A-14).
e. Except as otherwise provided in this section, the provisions of P.L.1995, c.426 (C.18A:36A-1 et seq.) shall apply in the case of a nonpublic school applying for conversion or having undergone conversion to charter school status.
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. [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. 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 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 render a decision within 30 days of the date of the receipt of the 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.
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).
(cf: P.L.2002, c.123, s.4)
3. Section 10 of P.L.1995, c.426 (C.18A:36A-10) may be amended to read as follows:
10. A charter school may be located in part of an existing public school building, in space provided on a public work site, in a public building, or any other suitable location. In the case of a nonpublic school that converts to a charter school pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the charter school may be located in the same school building in which the nonpublic school was located. The facility shall be exempt from public school facility regulations except those pertaining to the health or safety of the pupils. A charter school shall not construct a facility with public funds other than federal funds.
(cf: P.L.2002, c.10)
4. This act shall take effect immediately.
STATEMENT
This bill permits nonpublic schools to convert to charter schools. Under the bill, the governing body of a nonpublic school may submit an application to the Commissioner of Education to convert the school to a charter school. The application must include the same information required by law to be included in all charter school applications. In addition, the application must certify that upon conversion to charter school status the school will prohibit religious instruction, events and activities that promote religious views, and the display of religious symbols. Under the bill, the name of the proposed charter school cannot include any religious reference.
The bill permits the former students of the converted school to enroll in the charter school and provides that preference for any remaining enrollment spaces for the charter school for its first year, and for all enrollment spaces in each successive year, be provided according to existing law. The bill permits teaching staff and other employees of the nonpublic school, under certain conditions, to continue employment at the charter school upon its conversion. Under the bill, such a charter school may continue to be located in the same building that housed the nonpublic school prior to conversion to charter school status.
