Bill Text: NJ SCR122 | 2012-2013 | Regular Session | Introduced
Bill Title: Determines that proposed State Board of Education regulations regarding charter schools are not consistent with legislative intent.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-07-26 - Introduced in the Senate, Referred to Senate Education Committee [SCR122 Detail]
Download: New_Jersey-2012-SCR122-Introduced.html
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator NIA H. GILL
District 34 (Essex and Passaic)
SYNOPSIS
Determines that proposed State Board of Education regulations regarding charter schools are not consistent with legislative intent.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution concerning legislative review of State Board of Education regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature as expressed in the language of the statute that the rule or regulation is intended to implement.
2. The State Board of Education has proposed regulations to be codified in chapter 11 of Title 6A of the New Jersey Administrative Code to continue implementing the provisions of the "Charter School Program Act of 1995," P.L.1995, c.426 (C.18A:36A-1 et seq.):
a. In subchapter 1 of chapter 11, the proposed regulations amend the definition of region of residence to specify that, in the case of a charter school that will focus on online instruction, the districts included in the charter school's region of residence need not be contiguous.
b. In subchapter 1 of chapter 11, the proposed regulations define a satellite campus as a school facility located in a former Abbott district or a district in which a priority school is located that is operated by a charter school in addition to the school facility identified in its charter school application or charter. Subchapter 2 of chapter 11 of the proposed regulations stipulate that an existing charter school may apply to amend its charter to open a satellite campus. The proposed regulations, in subchapter 1 of chapter 11, also define restructured renewal as a charter school that is renewed upon a fundamental restructuring of its organization and practices, subject to the approval of the commissioner, and will be considered a new charter school.
c. In subchapter 2 of chapter 11, the proposed regulations authorize the granting of a one-year conditional renewal of a charter school.
3. The Legislature finds that the above regulations, as proposed, are not consistent with the legislative intent because:
a. P.L.1995, c.426 (C.18A:36A-1 et seq.) does not authorize the granting of a charter to a school that focuses on online instruction. Section 5 of P.L.1995, c.426 (C.18A:36A-5) specifically requires that a charter school applicant provide a description of, and address for, the physical facility in which the charter school will be located.
b. Section 5 of P.L.1995, c.426 (C.18A:36A-5) details the procedures that must be followed when an entity wishes to open a charter school. Allowing an entity with an existing charter to open a satellite campus by amending its charter, or creating a new charter school through a restructured renewal, acts to circumvent these procedures.
c. Section 17 of P.L.1995, c.426 (C.18A:36A-17) stipulates that a charter, once initially granted, may be renewed for a five-year period. The statute does not provide for a conditional one-year renewal.
4. The Secretary of the Senate and the Clerk of the General Assembly shall transmit a duly authenticated copy of this concurrent resolution to the Governor, the State Board of Education, and the Commissioner of Education.
5. The State Board of Education, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, shall have 30 days following transmittal of this resolution to amend or withdraw the proposed regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations.
STATEMENT
This concurrent resolution specifies that regulations concerning charter schools, which have been proposed by the State Board of Education to implement the "Charter School Program Act of 1995," P.L.1995, c.426 (C.18A:36A-1 et seq.), are not consistent with the legislative intent of the act. The proposed regulations provide that, in the case of a charter school that focuses on online instruction, the districts included in the school's region of residence need not be contiguous. However, the charter school law does not specifically authorize the granting of a charter to a school that focuses on online instruction, and requires that a charter school applicant provide a description of and address for the physical facility where the charter school will be located.
Additionally, the proposed regulations would allow an existing charter school to operate an additional satellite campus located in one of the former Abbott districts or in a district in which a priority school is located (Essex County Vocational School District, Lakewood Township, and Roselle Borough are the districts that have at least one priority school and are not former Abbott districts). However, the charter school law details the process by which an entity may apply to open a charter school. Allowing an entity to operate another facility by simply amending its charter would circumvent these procedures.
The State Board of Education will have 30 days following transmittal of this resolution to amend or withdraw the proposed regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations.
