Provides for the designation of new charter school authorizers and additional modifications of the charter school program.

A4420

ASSEMBLY, No. 4420

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

SYNOPSIS

���� Provides for the designation of new charter school
authorizers and additional modifications of the charter school program.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning charter schools and amending
P.L.2000, c.142 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)��� As used
in P.L.1995, c.426 (C.18A:36A-1 et seq.):

���� �Approved operator� means an
entity that has met criteria established by the commissioner that demonstrate a
high-level of student achievement.� Designation as an approved operator may be
made by the commissioner upon application by the entity.� An approved operator
may enter into contracts to provide goods and services to charter schools under
the provisions of P.L.1995, c.426 (C.18A:36A-1 et seq.).

���� �Charter school authorizer�
means an entity, including the Commissioner of Education, charged with
reviewing charter applications, granting, renewing, and revoking charters for
charter schools established pursuant to the provisions of P.L.1995, c.426 (C.18A:36A-1
et seq.), and entering into contracts with those granted charters.� A charter
school authorizer shall be responsible for the ongoing monitoring and oversight
of the charter schools it has authorized.

���� �Designated enrollment region�
means the district or combination of districts designated in the charter school
application.

���� �District of residence� means
the school district in which a charter school student resides and is eligible
to attend the schools.

���� �Eligible authorizer
applicant� includes a public institution of higher education in New
Jersey or a local board of education in New Jersey.

���� �High performing charter
school� means a charter school that has met criteria established by the
commissioner that demonstrate a high-level of student achievement.� Designation
as a high performing charter school may be made by the commissioner.

���� 2.��� (New section)��� a.�� The
commissioner shall establish an application process for the designation of an
eligible authorizer applicant as a charter school authorizer.� The governing
board of each eligible authorizer applicant shall be eligible to apply for
designation as a charter school authorizer.

���� The application process shall
require each eligible authorizer applicant to submit to the commissioner an
application that includes, but is not limited to, the following elements:

���� (1)�� the applicant�s
strategic vision for chartering;

���� (2)�� a plan to support the
vision presented, including an explanation and evidence of the applicant�s
budget and personnel capacity and commitment to execute the responsibilities of
quality charter authorizing;

���� (3)�� a description of the
processes the applicant will use in conformance with applicable law in its role
as a charter school authorizer, including a description of the application
process, contracting process, ongoing oversight and evaluation processes, and renewal
and revocation;

���� (4)�� a� statement of
assurance that the applicant seeks to serve as a charter school authorizer in
fulfillment of the expectations, spirit, and intent of P.L.1995, c.426
(C.18A:36A-1 et seq.), and that if approved as a charter school authorizer, the
applicant will fully participate in any authorizer training required by the
State; and

���� (5)�� a statement of assurance
that the applicant will ensure public accountability and transparency in all
matters concerning its charter authorizing practices, decisions, and
expenditures.

���� b.��� The commissioner may
designate one or more eligible authorizer applicants to serve as charter school
authorizers.

���� c.���� The commissioner shall
execute an authorizing contract with each approved charter school authorizer.�
The authorizing contract shall specify each approved entity�s agreement to
serve as a charter school authorizer and shall specify additional performance
terms based on the applicant�s proposal and plan for charter authorizing.� No
approved charter school authorizer shall commence charter authorizing without
an authorizing contract in effect.

���� 3.��� (New section)��� The
commissioner shall establish the responsibilities of charter school
authorizers, which shall include, but need not be limited to:

���� a.���� soliciting charter
school applications;

���� b.��� evaluating charter
school applications that are received by the charter school authorizer;

���� c.���� denying or approving
charter school applications that are received by the charter school authorizer,
and only within the geographic limits of the local school district when the
local board of education is the charter school authorizer;

���� d.��� negotiating and
executing performance contracts with approved charter schools that clearly
articulate the rights and responsibilities of each party regarding school
autonomy and any exemptions granted pursuant to section 11 of P.L.1995, c.426
(C.18A:36A-11), expected student outcomes, measures for evaluating success or
failure, and performance consequences;

���� e.���� conducting oversight of
charter schools that evaluates performance, monitors compliance, informs
intervention and charter renewal and revocation decisions, and ensures
autonomy;

���� f.���� designing and
implementing a transparent and rigorous process that uses comprehensive data to
make merit-based renewal and revocation decisions; and

���� g.��� reporting to the
commissioner on any data or information which he may request.

���� 4.��� (New section)��� A
charter school authorizer shall annually submit to the commissioner and to the
Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report
summarizing:

���� a.���� the academic and
financial performance of all operating charter schools overseen by the
authorizer;

���� b.��� the status of the
authorizer�s charter school portfolio, identifying all charters that have been
granted, renewed, transferred, or revoked, and all applications that have been
denied or which are pending; and

���� c.���� its costs and expenses
relating to its function as an authorizer detailed in annual audited financial
statements that conform with generally accepted accounting principles.

���� 5.��� (New section)��� a.�� The
commissioner shall be responsible for the ongoing oversight of the performance
and effectiveness of each charter school authorizer that he designates and
shall have the authority to:

���� (1)�� revoke a charter granted
by an authorizer; and

���� (2)�� review and amend charter
school performance contracts entered into by an authorizer.

���� b.��� The commissioner may, at
any time, take corrective action against an authorizer, including terminating
an authorizer�s designation as an authorizer for:

���� (1)�� failure to fulfill the
responsibilities established pursuant to section 3 of P.L.��� , c.�� (C.���� )
(pending before the Legislature as this bill);

���� (2)�� persistently
unsatisfactory performance of a charter school authorizer�s portfolio of
charter schools;

���� (3)�� failure to comply with
the authorizing contract or a charter school performance contract;

���� (4)�� unsatisfactory
performance as an authorizer; or

���� (5)�� other good cause as
determined by the commissioner.

���� c.���� If the commissioner
terminates an authorizer�s designation as an authorizer pursuant to subsection
b. of this section, a charter school formerly under the oversight of the
terminated authorizer shall be overseen by a different authorizer, subject to a
mutual agreement between the charter school and that replacement authorizer.�
In the absence of an agreement the charter school shall be overseen by the
commissioner.

���� 6.��� (New section)��� a.�� An
employee or agent of a charter school authorizer who participates in the review
or approval of charter school applications shall not provide substantive
assistance in the development of charter school applications submitted to that
authorizer.

���� b.��� An employee or agent or
member of the board of a charter school authorizer who participates in the
review, approval, oversight, evaluation, or charter renewal process of charter
schools shall be ineligible to serve as an employee, agent, or member of the
board of trustees of any school granted a charter by that authorizer.

���� 7.��� (New section)��� The
commissioner shall be the charter school authorizer for charter schools and
charter school applicants that:

���� a.���� limit admission to a
particular gender;

���� b.��� focus on providing
opportunities and specialized programs and settings for children with
individualized education programs, or seek to advance the academic, behavioral,
and social skills of diverse learners; and

���� c.���� focus on on-line
learning as the primary component of its educational model.

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

���� 2.��� The Legislature finds
and declares that the establishment of charter schools as part of this State's
program of public education can assist in promoting comprehensive educational
reform by providing a mechanism for the implementation of a variety of educational
approaches which may not be available in the traditional public school
classroom.� Specifically, charter schools offer the potential to improve pupil
learning; increase for students and parents the educational choices available
when selecting the learning environment which they feel may be the most
appropriate; encourage the use of different and innovative learning methods;
establish a new form of accountability for schools; require the measurement of
learning outcomes; make the school the unit for educational improvement; and
establish new professional opportunities for teachers.

����
The Legislature further
finds that charter schools should be afforded the utmost flexibility to ensure
their greatest impact on improving education.� This flexibility will allow for
greater innovation and choice that are sought by both parents and students.�
Charter schools should be permitted to operate specialized schools with a focus
on special education.� This would benefit students receiving special education
services as well as other students through the sharing of best practices.� By
allowing flexibility with teacher certification, charter schools will be able
to more easily recruit the talent they seek.� This flexibility will facilitate
the operations of the charter school, and ultimately improve the education of
all New Jersey students.

���� The Legislature further finds
that the establishment of a charter school program is in the best interests of
the students of this State and it is therefore the public policy of the State
to encourage and facilitate the development of charter schools.

(cf: P.L.1995, c.426, s.2)

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

���� 3.��� a.�� The Commissioner of
Education shall establish a charter school program which shall provide for the
approval and granting of charters to charter schools pursuant to the provisions
of this act.� A charter school shall be a public school operated under a charter
granted by
[
the
commissioner, which is operated independently of a local board of education and
is managed by a board of trustees
]

a charter school authorizer
.� The board of trustees, upon receiving a
charter from the
[
commissioner
]

charter
school authorizer
, shall be deemed to be public agents authorized by the
State Board of Education to supervise and control the charter school.

���� b.��� The program shall
authorize the establishment of not more than 135 charter schools during the 48
months following the effective date of this act.� A minimum of three charter
schools shall be allocated to each county.� The commissioner shall actively
encourage the establishment of charter schools in urban school districts with
the participation of institutions of higher education.

(cf: P.L.1995, c.426, s.3)

���� 10.� 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
:

����
(1)
�� 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
]

who either reside or are employed in the State;

����
(2)�� community residents
who reside in the State;

����
(3)�� a public institution
of higher education, except that a charter school authorizer which is an
institution of higher education shall be prohibited from reviewing and
approving a charter application submitted by that same institution of higher
education;

����
(4)�� a private entity that
is either for-profit or not-for-profit;

����
(5)�� a charter school that
is currently operating in the State; or

����
(6)�� a combination of any
of the above
.�

���� 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.���
(1)
�� A currently
existing public school is eligible to become a charter school if
one of

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)
]
���
(a)�� The local board of
education or State district superintendent authorizes the conversion of the
school to a charter school and designates an authorizer.� The authorizer shall
designate a founder for the charter school from the list of approved operators.
The designation of the founder shall be subject to a veto by the local board of
education.� Charter schools originating under this process shall not be
required to apply to or be approved by a charter school authorizer, and shall
be monitored by the commissioner; or

����
(b)
�� At least 51% of
the parents or guardians of pupils attending that public school
[
shall have
signed
]

sign
a petition in support of the school becoming a charter school
.� The
petition shall designate a founder or founders.� Charter schools originating
under this process shall be required to apply to and be approved by a charter
school authorizer; or

����
(c)�� The commissioner
determines to convert a failing public school to a charter school.

����
(2)�� The governing body of
a nonpublic school shall be eligible to submit an application to a charter
school authorizer to convert the school to a charter school if the following
criteria are met:

����
(a)�� The application
certifies 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; and

����
(b)�� The name of the
proposed charter school shall not include any religious reference
.

���� c.����
(1)
�� An
application to establish a charter school
[
shall
]

may
be
submitted
at any time during the school year
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
]

a charter
school authorizer
. 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
]

immediately
posted on a public website that is maintained by the charter school authorizer
and notice, either through the mail or electronically, shall be provided by the
charter school authorizer to the school district superintendents and boards of
education of districts in which there are students who will be eligible for
enrollment in the charter school
.� The
[
commissioner
]

charter
school authorizer
shall have final authority to grant or reject a charter
application
and shall make a decision on an application within 150 days of
receipt of the application.� The charter school authorizer shall provide
notice, either through the mail or electronically, of its final decision on an
application to the school district superintendents and boards of education of
districts in which there are students who will be eligible for enrollment in
the charter school.

����
(2)�� A charter school
authorizer shall not approve a charter school application that has been denied
by another authorizer within six months of the date of the denial.

����
(3)�� A charter school
applicant shall be eligible to establish a charter school according to a
streamlined application process if the following criteria are met:

����
(a)�� A founder of the
charter school applicant has established a charter school that has been
designated as a �high performing charter school� by the commissioner; or

����
(b)�� A founder of the
charter school applicant has been designated as an �approved operator� by the
commissioner
.

���� d.��� The local board of
education
of the district that the charter applicant is located within

or a charter school applicant may appeal the decision of
[
the
commissioner
]

a charter school authorizer to the commissioner, except that, in the case in
which the commissioner is the charter school authorizer, the appeal shall be

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
]

their respective charter school authorizers
to amend their charters and
consolidate into one school.� The
[
commissioner
]

charter
school authorizers
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)
]

.� If the charters were approved by different authorizers, the charter
schools shall petition the commissioner in order to amend their charters to
consolidate
.

(cf: P.L.2011, c.140, s.2)

���� 11.� Section 5 of P.L.1995,
c.426 (C.18A:36A-5) is amended to read as follows:

���� 5.��� The application for a
charter school
, except for a streamlined application made pursuant to
section 4 of P.L.1995, c.426 (C.18A:36A-4),
shall include the following
information:

���� a.���� The identification of
the charter applicant;

���� b.��� The name of the proposed
charter school;

���� c.���� The proposed governance
structure of the charter school including a list of the proposed members of the
board of trustees of the charter school or a description of the qualifications
and method for the appointment or election of members of the board of trustees;

���� d.��� The educational goals of
the charter school, the curriculum to be offered, and the methods of assessing
whether students are meeting educational goals. Charter school students shall
be required to meet the same testing and academic performance standards as
established by law and regulation for public school students.� Charter school
students shall also meet any additional assessment indicators which are
included within the charter approved by the
[
commissioner
]
charter
school authorizer or in the performance contract between the charter school
authorizer and charter school, or in both
;

���� e.���� The admission policy
and criteria for evaluating the admission of students which shall comply with
the requirements of section 8 of this act;

���� f.���� The age or grade range
of students to be enrolled;

���� g.��� The school calendar and
school day schedule;

���� h.��� A description of the
charter school staff responsibilities and the proposed qualifications of
teaching staff;

���� i.���� A description of the
procedures to be implemented to ensure significant parental involvement in the
operation of the school;

���� j.���� A description of, and
address for, the physical facility in which the charter school will be located
,
or a sworn statement of assurance that a physical facility will be obtained for
the charter school no later than June 30 of the year in which the charter
school will open.� In the case of an on-line charter, the application shall
indicate where the charter school�s office will be located
;

���� k.���
[
Information on
the manner in which community groups will be involved in the charter school
planning process
]

(
Deleted by amendment, P.L. ���,c.�� ) (pending before the Legislature as
this bill)
;

���� l.���� The financial plan for
the charter school and the provisions which will be made for auditing the
school pursuant to the provisions of N.J.S.18A:23-1;

���� m.�� A description of and
justification for
[
any
waivers of regulations which the charter school will request
]

expected
or anticipated reliance on exemptions as detailed in subsection a. of section
11 of P.L.1995, c.426 (C.18A:36A-11)
;
[
and
]

���� n.��� Such other information
as the
[
commissioner
]

charter
school authorizer
may require
; and

����
o.��� A description of the designated
enrollment region for the charter school
.

(cf: P.L.1995, c.426, s.5)

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

���� 7.��� 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
, gender,
or to areas of concentration of the
school, such as mathematics, science, or the arts.� A charter school may
establish reasonable criteria to evaluate prospective students which shall be
outlined in the school's charter.

����
The Commissioner of
Education shall actively encourage the establishment of charter schools that:
focus on scientifically-based inclusive practices that advance the academic,
behavioral, and social skills of diverse learners in all classrooms, including students
with individualized education programs; and assist in the return of students
from out-of-district segregated placements into public school settings.

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

���� 13.� 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
]

designated enrollment region
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
]

are residents of the State
.

���� 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
;

����
(2)�� a student whose
parent or legal guardian is a founder of the charter school; or

����
(3)�� a student whose
parent or legal guardian is a teaching staff member of the charter school
.

���� d.��� If available space
permits, a charter school may enroll non-resident students.�
[
The terms and
condition of the enrollment shall be outlined in the school's charter and
approved by the commissioner.
]

���� 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.

����
f.���� In the case of a
nonpublic school that converts to a charter school pursuant to the provisions
of section 4 of P.L.1995, c.426 (C.18A:36A-4), 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 this section.

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

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

���� 9.��� A student may withdraw
from a charter school at any time.� 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
]

charter
school authorizer
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)

���� 15.� Section 10 of P.L.1995,
c.426 (C.18A:36A-10) is amended to read as follows:

���� 10.�
a.
�� 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
public or
nonpublic school that converts to
a charter school pursuant to the provisions of section 1 of P.L.2011, c.140
(C.18A:36A-4.1)
or section 4 of P.L.1995, c.426 (C.18A:36A-4)
, the
charter school may be located in the same school building in which the
public
or
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.

����
b.��� Except as otherwise
provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), a charter
school shall have the right of first refusal to purchase or lease at or below
fair market value, a closed public school facility or property.� In the case of
multiple charter schools with facilities in a district that is selling or
leasing property, a lottery shall be held to determine the order of priority
for the right of first refusal, and the right of first refusal shall be
non-negotiable.

����
c.���� The Department of
Education, with the cooperation of local school districts, shall maintain and
publish on the website of the department a list of all local school districts
in which a public school facility or property has been advertised for sale or
lease.

(cf: P.L.2011, c.140, s.3)

���� 16.� Section 11 of P.L.1995,
c.426 (C.18A:36A-11) is amended to read as follows:

���� 11.� a.��
[
A
]
���
Except
as otherwise provided pursuant to this section, a
charter school shall
operate in accordance with its charter
[
and
the provisions of law and regulation which govern other public schools; except
that, upon the request of the board of trustees of a charter school, the
commissioner may exempt the school from State regulations concerning public
schools, except those pertaining to assessment, testing, civil rights and
student health and safety, if the board of trustees satisfactorily demonstrates
to the commissioner that the exemption will advance the educational goals and
objectives of the school
]

and performance contract, notwithstanding any State law, rule, or regulation
to the contrary.� Except as may be otherwise specifically provided for in the
performance contract, a charter school established and operated in accordance
with the provisions of P.L.1995, c.426 (C.18A:36A-1 et seq.), as well as the
school�s officers and employees, shall be exempt from all State laws, rules,
and regulations of the State board, and rules and regulations of any local
board of education, that are applicable to public schools and to public school
officers and employees, except that in no case shall a charter school be exempt
from those pertaining to academic standards, assessment, testing, civil rights
excluding any potential restriction of a single-gender school under the
"Law Against Discrimination," P.L.1945, c.169� (C.10:5-1 et seq.),
and student health and safety, and P.L.1963, c.73 (C.47:1A-1 et seq.).� The
exemptions as set forth in this subsection shall not affect the ability of a
charter school to receive State fundin
g
.

����
A charter school in
existence on the effective date of
P.L. , c. (C.������ ) (pending
before the Legislature as this bill), shall operate in accordance with the
exemptions applicable to that charter school on that date.� The charter school
may thereafter request exemptions in accordance with this subsection upon a
request to amend its charter or at the time of charter renewal
.

���� b.��� A charter school shall
comply with the provisions of chapter 46 of Title 18A of the New Jersey
Statutes concerning the provision of services to students with disabilities;
except that the fiscal responsibility for any student currently enrolled in or
determined to require a private day or residential school shall remain with the
district of residence.

���� Within 15 days of the signing
of the individualized education plan, a charter school shall provide notice to
the resident district of any individualized education plan which results in a
private day or residential placement.� The resident district may challenge the
placement within 30 days in accordance with the procedures established by law.

���� c.���� A charter school shall
comply with applicable State and federal anti-discrimination statutes.�
This
provision shall not, however, restrict the ability to create a single-gender
charter school or a charter school focused on serving the needs of special
education students.

����
d.��� A charter school
shall comply with all requests for information or data made by the
commissioner.

(cf: P.L.2017, c.131, s.27)

���� 17.� Section 12 of P.L.1995,
c.426 (C.18A:36A-12) is amended to read as follows:

���� 12.� a.�� (Deleted by
amendment, P.L.2007, c.260).

���� b.���
[
The
]

A

school district of residence shall pay directly to the charter school for each
student enrolled in the charter school who resides in
[
the
]

that

district an amount equal to 90% of the sum of the budget year equalization aid
per pupil, the prebudget year general fund tax levy per pupil inflated by the
CPI rate most recent to the calculation, and the employer payroll tax per pupil
that is transferred to the school district pursuant to subsection d. of section
1 of P.L.2018, c.68.� In addition, the
student�s
school district of
residence shall pay directly to the charter school the security categorical aid
attributable to the student and a percentage of the district's special
education categorical aid equal to the percentage of the district's special
education students enrolled in the charter school and, if applicable, 100% of
preschool education aid.� The district of residence shall also pay directly to
the charter school any federal funds attributable to the student.

����
The commissioner shall have
the authority to appropriately adjust this amount to lower than 90% of the sum
of the budget year equalization aid per pupil and the prebudget year general
fund tax levy per pupil inflated by the CPI rate most recent to the calculation,
for a charter school that focuses on on-line learning as the primary component
of its educational model.

���� c.���� (Deleted by amendment,
P.L.2007, c.260).

���� d.��� Notwithstanding the
provisions of subsection b. of this section, in the case of a student who was
not included in the district's projected resident enrollment for the school
year, the State shall pay 100% of the amount required pursuant to subsection b.
of this section for the first year of the student's enrollment in the charter
school.

���� e.���� The State shall make
payments required pursuant to subsection d. of this section directly to the
charter school.

����
f.���� Any district of
residence that fails to make payments according to this section in a timely
fashion may be subject to the withholding of State aid payments by the
Department of Education until such time as any late payments have been made.

(cf: P.L.2018, c.68, s.2)

���� 18.� Section 13 of P.L.1995,
c.426 (C.18A:36A-13) is amended to read as follows:

���� 13.�
[
The students
who reside in the school district in which the charter school is located shall
be provided transportation to the charter school on the same terms and
conditions as transportation is provided to students attending the schools of
the district.� Non-resident students shall receive transportation services
pursuant to regulations established by the State board
]

Transportation
or aid-in-lieu-of transportation shall be provided to an elementary school
pupil who lives more than two miles from the charter school and to a secondary
school pupil who lives more than two and one-half miles from the charter
school, provided the charter school is not more than 20 miles from the
residence of the pupil.� Transportation or aid-in-lieu of transportation shall
be the responsibility of a district of residence.� At the discretion of the
board of trustees of the charter school, courtesy transportation may be
provided to students enrolled in the school at the expense of the charter
school
.

(cf: P.L.1995, c.426, s.13)

���� 19.� Section 14 of P.L.1995,
c.426 (C.18A:36A-14) is amended to read as follows:

���� 14.� a.�� The board of
trustees of a charter school shall have the authority to decide matters related
to the operations of the school including budgeting, curriculum, and operating
procedures, subject to the school's charter.� The board shall provide for
appropriate insurance against any loss or damage to its property or any
liability resulting from the use of its property or from the acts or omissions
of its officers and employees.

���� b.���
[
In the case of
a currently existing public school which becomes a charter school pursuant to
the provisions of subsection b. of section 4 of this act, all school employees
of the charter school shall be deemed to be members of the bargaining unit
defined in the applicable agreement and shall be represented by the same
majority representative organization as the employees covered by that
agreement.� In the case of other charter schools, the
]

The
board of trustees of
a charter school shall have the authority to employ, discharge and contract
with necessary teachers and
[
nonlicensed
]
employees
subject to the school's charter
[
.The
board of trustees may choose whether or not to offer the terms of any
collective bargaining agreement already established by the school district for
its employees, but the board shall adopt any health and safety provisions of
the agreement.� The charter school and its employees shall be subject to the
provisions of the "New Jersey Employer-Employee Relations Act,"
P.L.1941, c.100 (C.34:13A-1 et seq.).� A charter school shall not set a teacher
salary lower than the minimum teacher salary specified pursuant to section 7 of
P.L.1985, c.321 (C.18A:29-5.6) nor higher than the highest step in the salary
guide in the collective bargaining agreement which is in effect in the district
in which the charter school is located
]

and performance contract
.

���� c.����
[
All classroom
teachers and professional support staff shall hold appropriate New
Jersey certification.� The commissioner shall make appropriate adjustments in
the alternate route program in order to expedite the certification of persons
who are qualified by education and experience.
]

(Deleted by amendment, P.L. , c.
) (pending before the Legislature as this bill)

���� d.��� A public school
employee, tenured or non-tenured, may request a leave of absence of up to three
years from the local board of education or State district superintendent in
order to work in a charter school.� Approval for a leave of absence shall not
be unreasonably withheld.� Employees on a leave of absence as provided herein
shall remain in, and continue to make contributions to, their retirement plan
during the time of the leave and shall be enrolled in the health benefits plan
of the district in which the charter school is located.� The charter school
shall make any required employer's contribution to the district's health
benefits plan.

���� e.���� Public school employees
on a leave shall not accrue tenure in the public school system but shall retain
tenure, if so applicable, and shall continue to accrue seniority, if so
applicable, in the public school system if they return to their non-charter school
when the leave ends.� An employee of a charter school shall not accrue tenure
pursuant to N.J.S.18A:17-2, N.J.S.18A:17-3, or N.J.S.18A:28-5
[
, but shall
acquire streamline tenure pursuant to guidelines promulgated by the
commissioner, and the charter shall specify the security and protection to be
afforded to the employee in accordance with the guidelines
]
.

���� f.���� Any public school
employee who leaves or is dismissed from employment at a charter school within
three years shall have the right to return to the employee's former position in
the public school district which granted the leave of absence, provided the employee
is otherwise eligible for employment in the public school.

����
g.��� In the case of a
nonpublic school that converts to a charter school pursuant to the provisions
of section 4 of P.L.1995, c.426 (C.18A:36A-4), 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 this section.

����
h.��� A former public
school employee whose teaching certificate has been revoked or is currently
suspended is not eligible for employment at a charter school.

(cf: P.L.1995, c.426, s.14)

���� 20.� Section 16 of P.L.1995,
c.426 (C.18A:36A-16) is amended to read as follows:

���� 16.� a.�� The
[
commissioner
]

charter
school authorizer
shall annually assess whether each charter school
under
its authority
is meeting the goals of its charter, and shall conduct a
comprehensive review prior to granting a renewal of the charter.� The
[
county
superintendent of schools of the county in which the charter school is located
]

Department
of Education
shall have on-going access to the records and facilities of
the charter school to ensure that the charter school is in compliance with its
charter and
the performance contract
and that
[
State board
]
regulations
concerning
academic standards,
assessment, testing, civil rights, and
student health and safety are being met.

���� b.��� In order to facilitate
the
[
commissioner's
]
review
required
pursuant to subsection a. of this section
, each charter school shall submit
an annual report to the
[
local
board of education, the county superintendent of schools,
]

Department
of Education
and the
[
commissioner
]

charter
school authorizer
in the form prescribed by the commissioner. The report
shall be received annually by the
[
local
board, the county superintendent,
]

department
and the
[
commissioner
]

charter
school authorizer
no later than August 1.

���� The report shall also be made
available to the parent or guardian of a student enrolled in the charter
school.

���� c.���� By April
1, 2001, the commissioner shall hold public hearings in the north, central,
and southern regions of the State to receive input from members of the
educational community and the public on the charter school program.

���� d.��� The commissioner shall
commission an independent study of the charter school program.� The study shall
be conducted by an individual or entity identified with expertise in the field
of education and the selection shall be approved by the Joint Committee on the
Public Schools.� The individual or entity shall design a comprehensive study of
the charter school program.

���� e.���� The commissioner shall
submit to the Governor, the Legislature, and the State Board of Education by October
1, 2001 an evaluation of the charter school program based upon the public
input required pursuant to subsection c. of this section and the independent
study required pursuant to subsection d. of this section.� The evaluation shall
include, but not be limited to, consideration of the following elements:

���� (1)�� the impact of the
charter school program on resident districts' students, staff, parents,
educational programs, and finances;

���� (2)�� the impact of the
charter school program and the increased number of schools on the economics of
educational services on a Statewide basis;

���� (3)�� the fairness and the
impact of the reduction of available resources on the ability of resident
districts to promote competitive educational offerings;

���� (4)�� the impact of the shift
of pupils from nonpublic schools to charter schools;

���� (5)�� the comparative
demographics of student enrollments in school districts of residence and the
charter schools located within those districts. The comparison shall include,
but not be limited to, race, gender, socioeconomic status, enrollment of
special education students, enrollment of students of limited English
proficiency, and student progress toward meeting the core curriculum content
standards as measured by student results on Statewide assessment tests;

���� (6)�� the degree of
involvement of private entities in the operation and financial support of
charter schools, and their participation as members of charter school boards of
trustees;

���� (7)�� verification of the
compliance of charter schools with applicable laws and regulations;

���� (8)�� student progress toward
meeting the goals of the charter schools;

���� (9)�� parent, community and
student satisfaction with charter schools;

���� (10)� the extent to which
waiting lists exist for admission to charter schools and the length of those
lists;

���� (11)� the extent of any
attrition among student and faculty members in charter schools; and

���� (12)� the results of the
independent study required pursuant to subsection d. of this section.

���� The evaluation shall include a
recommendation on the advisability of the continuation, modification,
expansion, or termination of the program.� If the evaluation does not recommend
termination, then it shall include recommendations for changes in the
structure of the program which the commissioner deems advisable.� The
commissioner may not implement any recommended expansion, modification, or
termination of the program until the Legislature acts on that recommendation.

(cf: P.L.2000, c.142, s.3)

���� 21.� 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
]

a charter school authorizer
pursuant to the provisions of this act shall
be granted for a four-year period and may be renewed for a
[
five-year
]
period
not
less than five years and not more than ten years
.� The
[
commissioner
]

charter
school authorizer
may revoke a school's charter if the school has not
fulfilled any condition imposed by the
[
commissioner
]

charter
school authorizer
in connection with the granting of the charter or if the
school has violated any provision of its charter.�
[
The commissioner
]

Pursuant
to any performance contract entered into by the charter school, the charter
school authorizer
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
]

charter
school authorizer
shall develop procedures and guidelines for the
revocation and renewal of a school's charter.�
Any determination by the
charter school authorizer concerning the revocation or renewal of a school�s
charter, or concerning the placement of a charter school on probationary
status, or any disputes arising pursuant to this section, may be appealed to
the commissioner, except that, in the case in which the commissioner is the
charter school authorizer, the appeal shall be to the Appellate Division of the
Superior Court.

(cf: P.L.1995, c.426, s.17)

���� 22.� Section 4 of P.L.2000,
c.142 (C.18A:36A-17.1) is amended to read as follows:

���� 4.���
a.
�� If at any
time the
[
commissioner
]

charter
school authorizer
determines that a board of trustees is in jeopardy of
losing its charter or an applicant is in jeopardy of not being granted a
charter, the
[
commissioner
]

charter
school authorizer
shall so notify the board of trustees or the applicant.�
The board of trustees or the applicant shall, within 48 hours of receipt of
such notification, provide to the
[
commissioner
]

charter
school authorizer
, in writing, a complete list of the names and addresses
of all students and staff currently enrolled and working in the school, or in
the case of an applicant, a complete list of the names and addresses of all
students and staff intending to enroll or work at the school, so the
[
commissioner
]

charter
school authorizer
may send the appropriate notice to the parents or
guardians and staff.

����
b.��� In the event that a
charter school authorizer other than the commissioner takes any action pursuant
to subsection a. of this section, the charter school authorizer shall notify
the commissioner of the action.

(cf: P.L.2000, c.142, s.4)

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

���� 18.�
[
The State
Board of Education shall adopt rules and regulations pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
necessary to effectuate the provisions of this act.
]
�
Notwithstanding any
provision of P.L.1968, c.410 (C.52:14B-1 et seq.) or any other law to the
contrary, the commissioner may adopt, immediately upon filing with the Office
of Administrative Law, such rules and regulations as the commissioner deems necessary
to implement the provisions of P.L.1995, c. 426 (C.18A:36A-1 et seq.), which
shall be effective for a period not to exceed 12 months following the effective
date of P.L.��� , c.�� (C.����� ) (pending before the Legislature as this
bill).� The regulations shall thereafter be amended, adopted, or readopted� by
the commissioner in accordance with the provisions of P.L.1968, c.410
(C.52:14B-1 et seq.); and the commissioner shall, at a minimum, hold at least
one public hearing in each of the north, central, and southern regions of the
State within 60 days of the public notice of any regulations proposed by the
commissioner to be

amended, adopted, or readopted
pursuant to that act.

(cf: P.L.1995, c.426, s.18)

���� 24.� This act shall take
effect on the 180th day after the date of enactment.

STATEMENT

���� Under the �Charter School
Program Act of 1995,� P.L.1995, c.426 (C.18A:36A-1 et seq.), the
Commissioner of Education is granted the authority to approve applications for
the establishment of charter schools and to regulate and oversee their operations.�
This bill would permit public institutions of higher education in New
Jersey to also act as charter school authorizers.� Local boards of education
would also be permitted to act as charter school authorizers, but only for
charter schools which would be located within the geographic boundaries of the
district.

���� Under the bill, the
commissioner must establish an application process for the designation of
eligible authorizer applicants as charter school authorizers.� The commissioner
may designate one or more eligible authorizer applicants to serve as charter
school authorizers and must execute an authorizing contract with each approved
charter school authorizer prior to that entity commencing charter school
authorizing.

���� The commissioner will
establish the responsibilities of charter school authorizers.� Those
responsibilities will include:

�

soliciting charter school applications;

�

denying or approving charter school applications;

�

negotiating and executing performance contracts with approved
charter schools that articulate the rights and responsibilities of each party;

�

conducting oversight of charter schools; and

�

designing and implementing a process that uses comprehensive data
to make merit-based renewal and revocation decisions regarding charter schools.

���� The commissioner has
responsibility for the ongoing oversight of the performance and effectiveness
of the charter school authorizers, and may at any time take corrective action
against an authorizer, including terminating an authorizer�s designation as an
authorizer.� The commissioner may also revoke a charter granted by an
authorizer and may review and amend charter school performance contracts
entered into by the authorizer.

���� The bill specifies that the
commissioner will be the sole authorizer option for charter schools and charter
school applicants that: 1) limit admission to a single gender; 2) focus on
providing programs and settings for children with individualized education
programs or seek to advance the skills of diverse learners; and 3) focus on
on-line learning as the primary component of their educational model.

���� The bill expands the list of
entities that may establish a charter school, including private entities that
would realize a profit from the operation of the charter school.� Nonpublic
schools under the bill would also be able to convert to charter school status
if certain criteria are met, including a certification by the charter school
applicant that the school would prohibit religious instruction, events, and
activities that promote religious views.� The bill would also permit a local
board of education to convert a district school to a charter school, and the
commissioner to convert a failing public school to a charter school.

���� An application to establish a
charter school may be submitted at any time during the school year to the
charter school authorizer.� Notice of the filing of the application must be
posted immediately on the charter school authorizer�s website.� Notice of the
application filing must also be provided, either through the mail or
electronically, to the school district superintendents and boards of education
in which there are students who will be eligible for enrollment in the charter
school.� The charter school authorizer must make a decision on the application
within 150 days of receipt of the application, and provide notice of its final
decision to the same entities to which it provided notice of the filing of the
application.� A charter school authorizer is prohibited from approving a
charter school application if another authorizer has denied that application
within the prior six months.� The bill also provides that certain charter
school applicants will be eligible for a streamlined application process.� A charter
school applicant will be eligible for this process if the charter school
founder has been designated a �high performing charter school� by the
commissioner, or if the charter school founder is designated as an �approved
operator� by the commissioner.

���� The bill also does the
following:

�

eliminates the current requirement that all classroom teachers
and professional support staff at a charter school hold the appropriate New
Jersey certification;

�

eliminates streamline tenure for charter school employees;

�

provides that a charter school renewal may be for a period of not
less than five years and not more than ten years, instead of the current
five-year renewal period;

�

requires the Commissioner of Education to actively encourage the
establishment of charter schools that focus on scientifically-based inclusive
practices that advance the academic, behavioral, and social skills of diverse
learners in all classrooms, and assist in the return of students from
out-of-district segregated placements into public school settings;

�

provides that a priority for enrollment in a charter school may
be given to a student whose parent or guardian is a founder of the charter
school or a student whose parent or guardian is a teaching staff member of the
charter school;

�

provides that if a nonpublic school converts to a charter school,
the students enrolled in the nonpublic school prior to the conversion will be
eligible to continue enrollment at the school after its conversion;

�

gives charter schools the right of first refusal to purchase or
lease at or below fair market value a closed public school facility or
property, and requires the department to maintain on its website a list of all
school districts where a public school facility or property has been advertised
as for sale or lease;

�

exempts new charter schools from all State laws and regulations
and any regulations of the local district that are applicable to public schools
and public school officers and employees, except those pertaining to academic
standards, assessment, testing, civil rights, the open public records act, and
student health and safety;

�

authorizes the commissioner to adjust the amount of funds that a
school district is required by law to pay to a charter school, if that charter
school focuses on on-line learning as the primary component of its educational
model; and

�

provides that it will be the district of residence�s
responsibility to provide transportation or aid-in-lieu-of transportation to
charter school pupils attending an elementary school more than two miles from
the pupil�s home, and for high school pupils living more than two and one half
miles from school, provided the charter school is not more than 20 miles from
the pupil�s home.