N.J. Admin. Code § 6A:11-2.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 6A:11-2.1 - Application and approval process

(a) The Commissioner with the authority of 18A:36-1 et seq. may approve or deny an application for a charter after review of the application submitted by an eligible applicant and the recommendation(s) from the district board(s) of education or State district superintendent(s) of the district of residence of the proposed charter school.

(b) An eligible applicant for a charter school shall:

1. Complete the New Jersey Charter School Application, which shall be annually disseminated by the Department no later than August 31 of each year.

i. For application rounds in which the Department requires an online application submission, new charter school applicants shall establish an online account no later than five business days prior to the due date for the application.

2. The application process shall be conducted in two phases: phase one and phase two. The phase one application shall include in an executive summary the following information:

i. The name of the proposed charter school;

ii. Mission;

iii. Educational program overview;

iv. Applicant and founder information;

v. Enrollment and admission information;

vi. Demonstration of need; and

vii. Community and parent involvement.

3. The Commissioner shall notify an applicant whether they have been approved or denied for "qualified applicant" status upon completion of the phase one review.

i. To participate in phase two, qualified applicants shall be required to submit the phase two application within 30 days of the date of notification of eligibility by the Department.

ii. A qualified applicant is one that has submitted an application that has a clear, focused, and results-oriented mission statement that aligns with all parts of the application; demonstrates understanding of the population that the school is likely to serve; has an educational program that is likely to be effective for the student population; has strong and diverse leadership; and has strong financial planning and management.

iii. The phase two application shall include the following information:

(1) Educational program;

(2) Goals and objectives;

(3) At-risk populations;

(4) Staffing information;

(5) Financial plan;

(6) Governance and organizational plan;

(7) Facilities;

(8) Daily and annual schedule;

(9) Requested waivers; and

(10) All required documentation as set forth in the phase two application. Such documentation shall include, but not be limited to: course and curriculum outlines, graduation requirements, school scheduling information, professional backgrounds of administrators and staff, professional development and evaluation plans, an organizational chart, and documentation of fiscal and legal compliance.

iv. The Commissioner shall notify a qualified applicant about whether it has been invited to participate in an in-depth interview with the Commissioner or his or her designee. Such interviews will take place within eight to 10 weeks of receipt of phase two applications.

4. If seeking to open a single-purpose charter school that will limit enrollment to a specific population of educationally disadvantaged or traditionally underserved students, the charter school's application shall demonstrate a compelling need and shall ensure compliance with State and Federal laws.

5. If seeking to operate a single-purpose charter school that will limit admission on the basis of gender, the charter school's application shall demonstrate a compelling educational reason for limiting enrollment on the basis of gender and shall ensure compliance with State and Federal laws.

(c) The Department shall review the phase one application. Qualified applicants will be asked to complete the phase two application.

(d) The district boards of education or State district superintendents of the districts of residence of the proposed charter schools shall review both the phase one and phase two applications, if submitted.

1. The recommendations of the district boards of education or State district superintendents shall be forwarded to the Commissioner within 30 days of receipt of the phase one applications; however, if a district board of education or State district superintendent is unable to respond to the phase one application in this timeframe, upon good cause shown to the Commissioner, comments may be submitted on the phase one application along with comments provided on the phase two application.

2. The recommendations of the district boards of education or State district superintendents shall be forwarded to the Commissioner within 60 days of receipt of the phase two applications.

(e) Following review of phase two applications, the Commissioner or designee(s) shall conduct an in-depth interview with qualified applicants.

(f) The Commissioner shall notify applicants regarding approval or denial of applications no later than February 15 for applicants seeking fast track approval through expedited action and no later than September 30 for all other applications. The notification to eligible applicants not approved as charter schools shall include reasons for the denials.

(g) For phase one of the October 15 expedited application, the Department will review applications received from founders with demonstrable experience operating an education institution. The application review process for phase two will proceed as set forth in (d) and (e) above.

(h) Prior to final granting of the charter, a preparedness visit to prospective charter schools will be conducted by the Department.

(i) The Commissioner may approve an application for a charter, which shall be effective when all necessary documents and information are received by the Commissioner and following satisfactory completion of the preparedness visit as determined by the Commissioner. The charter school shall submit on or before the dates specified in the letter of approval the documentation not available at the time of the application submission including, but not limited to, copies of:

1. A directory of the current members of the board of trustees;

2. The bylaws of the board of trustees;

3. The certificate of incorporation;

4. The Federal Employer Identification Number;

5. The Credit Authorization Agreement for Automatic Deposits;

6. The lease, mortgage or title to its facility;

7. The certificate of occupancy for "E" (education) use issued by the local municipal enforcing official at N.J.A.C. 5:23-2;

8. The sanitary inspection report with satisfactory rating;

9. The fire inspection certificate with "Ae" (education) code life hazard use at N.J.A.C. 5:70-4;

10. An organizational chart and a list of the lead person, school business administrator, teachers, and professional support staff including required certifications and criminal background check status;

11. A budget summary, budget narrative, and cash flow statement for the following fiscal year, based on the most recent enrollment projections;

12. Evidence of a uniform system of double-entry bookkeeping that is consistent with GAAP;

13. The resolution of the board of trustees naming the affirmative action officer, the Section 504 officer, and the Title IX coordinator;

14. Evidence of enrollment of at least 90 percent of approved maximum enrollment, as verified by student registrations signed by parent/guardian(s); and

15. Documentation that ensures compliance with all applicable Federal and State regulations and statutes.

(j) Prior to the granting of the charter, the Commissioner shall assess the student composition of a charter school and the segregative effect that the loss of the students may have on its district of residence. The assessment shall be based on the enrollment from the initial recruitment period pursuant to 6A:11-4.4(a) and (b). The charter school shall submit data for the assessment:

1. In a format prescribed by the Commissioner; and

2. No later than 4:15 P.M. on February 15, or March 15 for charter schools applicants seeking approval through expedited action.

(k) All statutorily required documentation shall be submitted to the Department by June 30. The final granting of the charter by the Commissioner shall be effective when all required documentation as listed in (i) above is submitted and approved by the Department no later than July 15 and following satisfactory completion of the preparedness visit as determined by the Commissioner.

(l) A charter school shall locate its facility in its district of residence or in one of the districts of its region of residence.

(m) A charter school applicant that receives application approval, but is not prepared to open in the subsequent school year may request a planning year. The Commissioner may grant or deny a planning year based upon the information submitted by the applicant.

1. The Commissioner may grant a planning year to an applicant that demonstrates a legitimate need for more time to meet the preparedness requirements pursuant to (i) above.

2. The Commissioner may grant a second planning year based upon an applicant's showing of good cause. A charter school may receive no more than two planning years after application approval.

N.J. Admin. Code § 6A:11-2.1

Amended by 46 N.J.R. 2351(c), effective 12/1/2014

Amended by 49 N.J.R. 2521(a), effective 8/7/2017