Concerns charter school enrollment, student placements, reporting, and athletics.

A2322

ASSEMBLY, No. 2322

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblyman STERLEY S. STANLEY

District 18 (Middlesex)

Co-Sponsored by:

Assemblyman Verrelli

SYNOPSIS

���� Concerns charter school enrollment, student
placements, reporting, and athletics.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning charter schools, amending and supplementing
P.L.1995, c.426, and supplementing P.L.1986, c.160 (18A:36-19a).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 7 of P.L.1995,
c.426 (C.18A:36A-7) is amended to read as follows:

���� 7.���
a.
� A charter
school shall be open to all students on a space available basis and shall not
discriminate in its admission policies or practices on the basis of
intellectual or athletic ability, measures of achievement or aptitude, status
as a person with a disability, proficiency in the English language, or any
other basis that would be illegal if used by a school district; however, a
charter school may limit admission to a particular grade level or to areas of
concentration of the school, such as mathematics, science, or the arts.�
[
A
]

Except as
otherwise permitted pursuant to section 8 of P.L.1995, c.426 (C.18A:36A-8), a

charter school
[
may
]

shall not

establish
[
reasonable
]
criteria to
evaluate prospective students
[
which
shall be outlined in the school's charter
]

and shall not impose qualifications for enrollment on a student selected
through a random selection process established pursuant to section 8 of
P.L.1995, c.426 (C.18A:36A-8).� Nothing in this subsection shall be construed
to prohibit use of a weighted admission lottery in furtherance of a charter
school seeking the enrollment of a cross section of the community�s school age
population pursuant to subsection e. of section 8 of P.L.1995, c.426
(C.18A:36A-8).

����
b.��� A charter school
shall make its student application available in the seven most common
non-English languages spoken by individuals with limited-English proficiency in
the school district in which the charter school is located, based on United
States Census Bureau American Community Survey data
.

(cf: P.L.2017, c.131, s.26)

���� 2.��� Section 8 of P.L.1995,
c.426 (C.18A:36A-8) is amended to read as follows:

���� 8.��� a.� Preference for
enrollment in a charter school shall be given to students who reside in the
school district in which the charter school is located.� If there are more
applications to enroll in the charter school than there are spaces available,
the charter school shall select students to attend using a random selection
process.� A charter school shall not charge tuition to students who reside in
the district.

���� b.��� A charter school shall
allow any student who was enrolled in the school in the immediately preceding
school year to enroll in the charter school in the appropriate grade unless the
appropriate grade is not offered at the charter school.

���� c.���� A charter school may
give enrollment priority to
:

����
(1)
�� a sibling of a
student enrolled in the charter school
; and

����
(2)�� regardless of
residence, the children of teaching staff members of the charter school
.

���� d.�
(1)
� If available
space permits, a charter school may enroll
[
non-resident
]
students
who
do not reside in the school district in which the charter school is located,
provided that the commissioner approves the enrollment of these students in
accordance with paragraph (2) of this subsection
.� The terms and
[
condition
]

conditions

of the enrollment shall be outlined in the school's charter and approved by the
commissioner.

����
(2)�� The commissioner
shall establish a procedure for the enrollment of students who do not reside in
the school district in which the charter school is located.� The procedure shall
require the commissioner to evaluate the following criteria:

����
(a)�� the fiscal impact on
the student�s district of residence;

����
(b)�� the impact on student
population diversity in the student�s district of residence;

����
(c)�� the degree to which
student attendance at a charter school located outside of the school district
of residence will promote or reduce educational quality in the school district
of residence and the charter school; and

����
(d)�� any other criteria
the commissioner deems necessary.

���� e.���� The admission policy of
the charter school shall, to the maximum extent practicable, seek the
enrollment of a cross section of the community's school age population
including racial and academic factors.

(cf: P.L.1995, c.426, s.8)

���� 3.��� Section 9 of P.L.1995,
c.426 (C.18A:36A-9) is amended to read as follows:

���� 9.���
a.
A student may
withdraw from a charter school at any time
; however, a charter school, or
any employee or representative thereof, shall not counsel or advise a student,
or a student�s parent or guardian, to withdraw from the charter school.�
Nothing in this subsection shall be construed as prohibiting a charter school�s
child study team from considering, with the full participation of a student�s
parent or guardian, a program or placement option for a student with a
disability that includes placement in another setting in accordance with the
provisions of the �Individuals with Disabilities Education Act,� 20 U.S.C.
s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, or
regulations promulgated thereto.

����
b
.� Except as otherwise
provided in section 1 of P.L.2016, c.45 (C.18A:37-2a), a student may be
expelled from a charter school based on criteria determined by the board of
trustees, which are consistent with the provisions of N.J.S.18A:37-2, and
approved by the commissioner as part of the school's charter.� Any expulsion
shall be made upon the recommendation of the charter school principal, in
consultation with the student's teachers.

(cf: P.L.2016, c.45, s.3)

���� 4.��� (New section)� a.� The
Commissioner of Education shall establish minimum qualification standards and
training requirements for the position of student placement liaison.

���� b.��� The chief school
administrator or lead person of a public school shall designate a staff member
who meets the qualification standards established by the commissioner to serve
as a student placement liaison.�

���� c.���� It shall be the
responsibility of the student placement liaison to:

���� (1)�� coordinate with a new
student�s school of last attendance and the parent or guardian of a new student
to ensure the successful transition of the student;

���� (2)�� coordinate with an
exiting student�s subsequent educational placement, including when placement
occurs at an alternative education program, and the student�s parent or
guardian to ensure the successful transition of the student; and

���� (3)�� regularly track and
maintain student enrollment data, including information on student transfers
into or out of the public school, to ensure State school aid is provided in
accordance with State law and regulation.

���� 5.��� (New section)� In
addition to the responsibilities required pursuant to subsection c. of section 4
of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),
a charter school�s student placement liaison shall, to the greatest extent
practicable, conduct an exit interview for any student who exits the charter
school for a reason other than graduation.� When conducting an exit interview,
the student placement liaison shall identify the reasons contributing to the
decision to exit the school.

���� 6.� (New section)� a.� Each
charter school shall, based on exit reporting criteria developed by the
Commissioner of Education, annually report to the commissioner and to each
school district served by the charter school the number of students exiting the
charter school in the preceding school year.

���� b.��� The report shall include
last dates of attendance, reasons for exiting the charter school, and
subsequent educational placements. The report shall not include the personal
identifying information of an individual or any information that would
otherwise violate the privacy rights of a student.

���� c.���� The commissioner shall
establish a comprehensive list of reasons for exiting a charter school that a
charter school shall select from when reporting exit data pursuant to the
provisions of this section.

���� 7.��� (New section)� The
Commissioner of Education shall post on the Department of Education�s Internet
website, the report card information of a charter school required pursuant to
section 3 of P.L.1995, c.235 (C.18A:7E-3).� If a charter school operates more than
one charter school facility, the information shall be posted separately for
each charter school facility.

���� 8.��� (New section)� a.� A
charter school that offers interscholastic athletics shall join one or more
voluntary associations that regulate the conduct of student activities between
and among their members, whose membership may include private and public schools.�
Membership in the voluntary association shall be by resolution of the board of
trustees, adopted annually.� A voluntary association shall not be operative
without approval of its charter, constitution, bylaws, and rules and
regulations by the Commissioner.� Upon the adoption of the resolution, the
board, its faculty, and students shall be governed by the rules and regulations
of that association.� The rules and regulations of the association shall be
deemed to be the policy of the board of trustees and enforced first by the
internal procedures of the association.� In matters involving only public
schools and students, faculty, administrators and boards thereof, appeals shall
be to the commissioner and thereafter the Superior Court.� In all other matters,
appeals shall be made directly to the Superior Court.� The commissioner shall
have the authority to direct the association to conduct an inquiry by hearing
or otherwise on a particular matter or alternatively, direct that particular
matter be heard directly by the commissioner.� The association shall be a party
to any proceeding before the commissioner or in any court.

���� b.��� The rules and
regulations of the voluntary association shall only apply to association
sanctioned activities offered by the charter school.

���� 9.��� (New section)� a.� A
non-resident student enrolled at a charter school shall meet the following
requirements to participate in interscholastic athletics at the school:

���� (1)�� the student shall reside
within a 20-mile radius of the charter school;

���� (2)�� if the student initially
enrolls in the charter school in grade 11, the student shall not participate in
interscholastic athletics for one year following the date of enrollment; and

���� (3)�� if the student initially
enrolls in the charter school in grade 12, the student shall not participate in
interscholastic athletics.

���� b.��� The commissioner may
authorize a waiver of the provisions of subsection a. of this section if the
school district of residence of the non-resident student does not offer the
interscholastic athletic activity in which the non-resident student
participates.

���� c.���� The provisions of subsection
a. of this section shall not apply to any student enrolled in a charter school
on the effective date of P.L.��� , c.��� (C. �������) (pending before the
Legislature as this bill).��

���� 10. This act shall take effect
immediately and shall first apply to the first full school year next following
the date of enactment.

STATEMENT

���� This bill modifies certain
provisions of current law, including the �Charter School Program Act of 1995,�
to impose various new requirements pertaining to charter school admission,
enrollment, reporting, and athletics.�

Student
Records and Student Placement Liaisons

���� This bill directs the chief
school administrator or lead person of a public school to designate a staff
member to serve as a student placement liaison.� The student placement liaison
is responsible for: (1) coordinating with the student�s school of last attendance,
or a student�s subsequent educational placement in the case of a student
exiting the public school, and the student�s parent or guardian to ensure the
successful transition of the student; and (2) tracking and maintaining student
enrollment data, including information on student transfers into or out of the
public school, to ensure State school aid is provided in accordance with State
law and regulation.

���� Under the bill, a charter
school�s student placement liaison is also required, to the greatest extent
practicable, to conduct an exit interview when a student exits the charter
school for a reason other than graduation.

Charter
School Admissions and Enrollment

���� Under the bill, a charter
school is required to make its student application materials available in the
seven most common non-English languages spoken by individuals with
limited-English proficiency in the school district in which the charter school
is located, based on United States Census Bureau American Community Survey
data.

���� This bill prohibits a charter
school from establishing criteria to evaluate prospective students or from
imposing qualifications for enrollment on a student selected through a random
selection process established by the charter school to determine admission in
the event more students apply than there are spaces available.

���� The bill permits, if there is
space available, a charter school to enroll students who do not reside in the
district in which the charter school is located, provided the Commissioner of
Education approves the enrollment of students in accordance with the provisions
of the bill.� The bill requires the commissioner to develop a procedure by
which a student may enroll in a charter school located outside of the school
district in which the student resides.� The procedure is to require the
commissioner to evaluate certain criteria related to fiscal impact, student
population diversity, and educational quality.

���� This bill prohibits a charter
school from counseling or advising a student to withdraw from the charter
school.� The bill provides that this provision is not to be construed as
prohibiting a charter school�s child study team from considering, with the full
participation of a student�s parent or guardian, a program or placement option
for a student with a disability that includes placement in another setting in
accordance with federal and State law concerning students with disabilities.

Charter
School Reporting

���� Under the bill, a charter
school is required to annually report the number of students exiting the
charter school in the preceding school year to the Commissioner of Education
and each school district served by the charter school.� The report is to be based
on exit reporting criteria developed by the commissioner.� The report is to
include last dates of attendance, reasons for exiting the charter school, and
subsequent educational placement.� The report is not to include a student�s
personal identifying information or any other information that would violate
the student�s privacy rights.

���� The bill requires the
commissioner to post on the Department of Education�s Internet Website,
information reported by a charter school under the School Report Card Program.�
If a charter school operates more than one school facility in the State, the
information is to be posted separately for each charter school facility.

Interscholastic
Athletics

���� The bill requires charter
schools offering interscholastic athletics to join a voluntary association,
such as the New Jersey State Interscholastic Athletic Association.� The charter
school is to be governed by the rules and regulations of the association.�
Under the bill, the rules and regulations of the association are deemed to be
the policy of the board of trustees and enforced first by the internal
procedures of the association.� The bill outlines when a decision by the
association is to be appealed to the commissioner or the Superior Court.� Under
the bill, the rules and regulations of the voluntary association only apply to
association sanctioned activities offered by the charter school.

���� Under the bill, a non-resident
student enrolled in a charter school is required to meet certain requirements
in order to participate in interscholastic athletics at the charter school.�
The bill permits the commissioner to waive these requirements for a non-resident
student whose school district of residence does not offer the interscholastic
athletic activity in which the student participates.� The bill also clarifies
that these new conditions are not to apply to any student enrolled in a charter
school on the effective date of this bill.�