Bill Text: NJ A2643 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires approval of voters or board of school estimate for granting charter if district's charter school payment would exceed 50% of tax levy growth limitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-05 - Introduced, Referred to Assembly Education Committee [A2643 Detail]
Download: New_Jersey-2012-A2643-Introduced.html
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
SYNOPSIS
Requires approval of voters or board of school estimate for granting charter if district's charter school payment would exceed 50% of tax levy growth limitation.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring local approval of charter schools under certain circumstances and amending 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, 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. (1) 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] Except as otherwise provided pursuant to paragraph (2) of this subsection, the commissioner shall have final authority to grant or reject a charter application.
(2) In the event that the total payment required to be made to a proposed charter school pursuant to subsection b. of section 12 of P.L.1995, c.426 (C.18A:36A-12) exceeds 50% of the school district of residence's tax levy growth limitation as calculated pursuant to section 3 of P.L.2007, c.62 (C.18A:7F-38), the granting of the charter shall be subject to:
(a) in the case of a Type II school district without a board of school estimate, the approval of the voters of the district at the annual school election; and
(b) in the case of a Type I school district or a Type II school district with a board of school estimate, the approval of the board of school estimate.
In the case of a proposed charter school that has a region of residence, the granting of the charter shall require the approval of the voters or board of school estimate, as applicable, in each district in which the required payment to the charter school would exceed 50% of the tax levy growth limitation as calculated pursuant to section 3 of P.L.2007, c.62 (C.18A:7F-38).
As used in this paragraph, "region of residence" means the contiguous school districts in which a charter school proposes to operate in the application submitted to the commissioner.
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).
(cf: P.L.2011, c.140, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill requires the approval of a district's voters or board of school estimate prior to the granting of a charter to a charter school applicant under certain circumstances. Under current law, a school district may not increase its general fund tax levy by more than two percent, plus certain adjustments, each year (the tax levy growth limitation). The bill provides that if the payment that a school district would be required to make to a proposed charter school exceeds 50% of the tax levy growth limitation, then the voters of the district or the board of school estimate, as applicable, would have to approve the granting of the charter.
