N.J. Stat. § 18A:36A-1 Short title
1. This act shall be known and may be cited as the "Charter School Program Act of 1995." L.1995,c.426,s.1.
N.J. Stat. tit. 18A, ch. 36A
N.J. Stat. tit. 18A, ch. 36A
in effectN.J. Stat. § 18A:36A-2 Findings, declarations relative to establishment of charter schools
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 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. L.1995,c.426,s.2.
N.J. Stat. § 18A:36A-2.1 Definitions.
1. As used in P.L.1995, c.426 (C.18A:36A-1 et seq.): “Charter management organization” means a nonprofit organization that is exempt from federal taxation pursuant to section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3), which operates or manages one or more charter schools linked by centralized support and operations. “Charter school” means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.). A charter school does not include a renaissance school project approved pursuant to the provisions of the “Urban Hope Act,” P.L.2011, c.176 (C.18A:36C-1 et seq.). “Compensation study” means a review by the board of trustees of a charter school, or a third-party organization contracted by the board of trustees to conduct the review, of the proposed total remuneration for the top three salaried employees of the charter school compared to compensation for similar positions in school districts in the State and any other information the Commissioner of Education deems necessary. “Education management organization” means a for-profit organization that operates or manages one or more charter schools linked by centralized support and operations. L.2025, c.277, s.1.
N.J. Stat. § 18A:36A-3 Charter school program established
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. The board of trustees, upon receiving a charter from the commissioner, 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. L.1995,c.426,s.3.
N.J. Stat. § 18A:36A-3.1 Application, renaissance school projects.
1. Unless the context clearly indicates otherwise, the provisions of P.L.1995, c.426 (C.18A:36A-1 et seq.) shall not be construed as applying to renaissance school projects approved pursuant to the provisions of the “Urban Hope Act,” P.L.2011, c.176 (C.18A:36C-1 et seq.). L.2025, c.276, s.1.
N.J. Stat. § 18A:36A-3.2 Charter school transparency website maintained by the Department of Education.
10. a. The Department of Education shall maintain, in a manner that is consistent with applicable federal law, a webpage on its Internet website for charter school transparency. The purpose of the webpage shall be to provide increased public access to the operations and activities of charter schools in the State. b. The following information shall be posted on the webpage: (1) a current list of each charter management organization or education management organization that operates or manages a charter school as reported by a charter school in its annual report submitted to the Commissioner of Education pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16). The webpage shall include a disclaimer stating that the list of charter management organizations and education management organizations included pursuant to this paragraph is not meant to be an endorsement or recommendation by the department of a charter management organization or education management organization; (2) each executed contract between a charter school and charter management organization or education management organization; (3) each charter school’s plain language budget summary submitted pursuant to section 12 of P.L.2025, c.277 (C.18A:36A-14.1); (4) each annual report submitted by a charter school pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16); (5) each renewal application submitted by a charter school; (6) a list of charter schools on probationary status and any remedial plan put in place to assist a charter school on probationary status; (7) each application by a charter school to establish a charter school, amend a school’s charter, renew a school’s charter, and consolidate two or more charter schools; and (8) each public notice concerning charter school applications issued pursuant to the provisions of subsection c. of section 4 of P.L.1995, c.426 (C.18A:36A-4), along with instructions and a link for the public to submit comments concerning the application to the commissioner. c. The webpage shall be updated on a regular basis. L.2025, c.277, s.10.
N.J. Stat. § 18A:36A-4 Establishment of charter school.
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 percent 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 percent 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. 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 commissioner shall post the notice of the filing, along with instructions and a link for the public to submit comments concerning the application, on the department’s Internet website where the notice shall remain until the commissioner makes a final decision on the application. Any other agency or governing body that receives notice of the filing pursuant to this subsection may post the notice on the agency’s or governing body’s Internet website. The commissioner shall cause notice of the filing to be published in the county or counties where the charter school is to be located on three occasions. The notices shall be published in accordance with R.S.35:1-2.2 or any other requirements for issuing or publishing a public notice. Each notice provided to the public, a school district, and a municipality pursuant to this section shall include instructions for the public to submit comments on the application to the commissioner within 30 days of the date of the first notice. 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 commissioner shall have final authority to grant or reject a charter application. 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 P.L.1995, c.426 (C.18A:36A-1 et seq.), other than a currently existing public school which becomes a charter school pursuant to the provisions of subsection b. of this section, shall not have an enrollment in excess of 500 students or greater than 25 percent 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 or within contiguous public school districts that demonstrate a need to consolidate may petition the commissioner to amend their charters and consolidate into one school pursuant to a process that shall be determined by the commissioner. L.1995, c.426, s.4; amended 2000, c.142, s.1; 2002, c.123; 2011, c.140, s.2; 2025, c.277, s.2.
N.J. Stat. § 18A:36A-4.1 Conversion to charter school by certain nonpublic schools.
1. a. The governing body of a high-performing nonpublic school that is located in a failing school district may submit an application to the Commissioner of Education to convert the school to a charter school. The application of a nonpublic school to convert to a charter school shall certify 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. The name of the proposed charter school shall not include any religious reference. b. The Commissioner of Education shall establish a process for the review of charter school conversion applications. The commissioner may grant an application if the school is a high-performing nonpublic school and located in a failing school district. As used in this subsection: "Failing school district" means a school district in need of improvement pursuant to the provisions of the "No Child Left Behind Act of 2001," Pub.L.107-110; "High-performing nonpublic school" means a nonpublic school that ranked in the 66th percentile or higher on a norm-referenced achievement test in the school year prior to the school year in which a conversion application is submitted pursuant to subsection a. of this section; "Norm-referenced achievement test" means the California Achievement Test (CAT), Metropolitan Achievement Test (MAT), Stanford Achievement Test (SAT), or the Comprehensive Test of Basic Skills (CTBS) or one of the tests within the CTBS. c. 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 section 8 of P.L.1995, c.426 (C.18A:36A-8). d. Teaching staff and other employees of the nonpublic school may continue employment at the charter school upon its conversion. Any employee who is not certified in accordance with the provisions of subsection c. of section 14 of P.L.1995, c.426 (C.18A:36A-14) shall take immediate action towards receiving appropriate New Jersey certification and shall be in full compliance with all certification requirements within two years of the school's conversion. Any employee hired following the conversion of the nonpublic school to charter school status shall meet the requirements of subsection c. of section 14 of P.L.1995, c.426 (C.18A:36A-14). e. Except as otherwise provided in this section, the provisions of P.L.1995, c.426 (C.18A:36A-1 et seq.) shall apply in the case of a nonpublic school applying for conversion or having undergone conversion to charter school status. L.2011, c.140, s.1.
N.J. Stat. § 18A:36A-5 Application for charter school.
5. The commissioner shall develop an application for the establishment of a charter school. The application 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; e. The admission policy and criteria for evaluating the admission of students which shall comply with the requirements of section 8 of P.L.1995, c.426 (C.18A:36A-8); 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 this State in which the charter school will be located; k. Information on the manner in which community groups will be involved in the charter school planning process; l. The financial plan for the charter school, including the anticipated administrative costs of 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. As used in this subsection, “administrative costs” means administrative costs as defined by State Board of Education regulations adopted under chapter 23A of Title 6A of the New Jersey Administrative Code; m. A description of and justification for any waivers of regulations which the charter school will request; n. Any other information as the commissioner may require; and o. A demonstration of need and an explanation of how the need is not currently being met by existing public schools or charter schools in the school district. Unaudited waitlist data shall not qualify as a demonstration of need. L.1995,c.426,s.5; amended 2025, c.277, s.3.
N.J. Stat. § 18A:36A-5.1 Review of charter school application, factors involved.
8. a. Prior to approving a charter school application and granting a charter, the Commissioner of Education shall review: (1) the application material submitted by the proposed charter school pursuant to section 5 of P.L.1995, c.426 (C.18A:36A-5); (2) the proposed charter school’s anticipated financial impact on the school district in which the charter school is to be located; and (3) any other information the commissioner deems necessary. b. The commissioner shall give equal consideration to the information reviewed pursuant to the provisions of subsection a. of this section when determining whether to grant or deny an application for a charter school established after the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.). L.2025, c.277, s.8.
N.J. Stat. § 18A:36A-6 Powers of charter school
6. A charter school established pursuant to the provisions of this act shall be a body corporate and politic with all powers necessary or desirable for carrying out its charter program, including, but not limited to, the power to: a. Adopt a name and corporate seal; however, any name selected shall include the words "charter school;" b. Sue and be sued, but only to the same extent and upon the same conditions that a public entity can be sued; c. Acquire real property from public or private sources, by purchase, lease, lease with an option to purchase, or by gift, for use as a school facility; d. Receive and disburse funds for school purposes; e. Make contracts and leases for the procurement of services, equipment and supplies; f. Incur temporary debts in anticipation of the receipt of funds; g. Solicit and accept any gifts or grants for school purposes; and h. Have such other powers as are necessary to fulfill its charter and which are not inconsistent with this act or the requirements of the commissioner. The board of trustees of a charter school shall comply with the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.). L.1995,c.426,s.6.
N.J. Stat. § 18A:36A-6a Website maintained by charter school.
11. a. A charter school shall maintain an Internet website. The purpose of the website shall be to provide increased public access to the operations and activities of the charter school. b. The following information shall be posted on the homepage of the charter school’s website: (1) the budget adopted by the charter school for the school year pursuant to section 12 of P.L.2025, c.277 (C.18A:36A-14.1); (2) all meeting notices required pursuant to the provisions of the “Senator Byron M. Baer Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6 et seq.) in accordance with section 15 of P.L.2025, c.277 (C.18A:36A-6b); (3) each annual report submitted by a charter school pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16); (4) a list of the members of the board of trustees; (5) a list, and location, of the facilities operated by the charter school; and (6) any other information required by State or federal law. c. The website shall be updated on a regular basis. L.2025, c.277, s.11.
N.J. Stat. § 18A:36A-6b Copy of meeting notices, dates, minutes, charter schools.
15. a. In accordance with the provisions of the “Senator Byron M. Baer Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6 et seq.), the board of trustees of a charter school shall post a copy of all meeting notices, including a calendar of all meeting dates, and the minutes of each meeting on the charter school’s website. b. The board shall hold all meetings in a physical building in the school district in which the charter school is located, except that a meeting may be held by means of communications or other electronic equipment during a period declared pursuant to the laws of this State as a state of emergency, public health emergency, or state of local disaster emergency. L.2025, c.277, s.15.
N.J. Stat. § 18A:36A-6.1 Charter schools with interscholastic athletics to join voluntary associations regulating student activities conduct.
8. 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. L.2025, c.276, s.8.
N.J. Stat. § 18A:36A-7 Student admissions to charter school.
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 or to areas of concentration of the school, such as mathematics, science, or the arts. Except as otherwise permitted pursuant to section 8 of P.L.1995, c.426 (C.18A:36A-8), a charter school shall not establish criteria to evaluate prospective students 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). L.1995, c.426, s.7; amended 2017, c.131, s.26; 2025, c.276, s.2.
N.J. Stat. § 18A:36A-8 Enrollment preference.
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 remain enrolled 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. If available space permits, a charter school may enroll non-resident students. The terms and conditions 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. L.1995,c.426,s.8; amended 2025, c.276, s.3.
N.J. Stat. § 18A:36A-8.1 Non-resident student, charter schools, requirements for interscholastic athletics.
9. 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.2025, c.276 (C.18A:36A-3.1 et al.). L.2025, c.276, s.9.
N.J. Stat. § 18A:36A-9 Withdrawal, expulsion from charter school.
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. L.1995, c.426, s.9; amended 2016, c.45, s.3; 2025, c.276, s.4.
N.J. Stat. § 18A:36A-9.1 Exit interviews, charter schools.
6. In addition to the responsibilities required pursuant to subsection c. of section 5 of P.L.2025, c.276 (C.18A:36-19b), 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. L.2025, c.276, s.6.
N.J. Stat. § 18A:36A-10 Location of charter school.
10. a. A charter school shall be physically located, and provide all instruction, 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 school district in the State in which the charter school has been authorized to operate. In the case of a 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), the charter school may be located in the same school building in which the nonpublic school was located in the State. 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. The Commissioner of Education shall deny a charter school application that proposes to operate a charter school, or provide instruction, in a physical location outside of the State. c. The commissioner shall deny a charter school application submitted after the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.) that proposes to operate or provide instruction primarily online. d. This section shall not be construed to limit the ability or discretion of a teaching staff member to utilize technological tools as an aid to in-person instruction. Technological tools shall include, but not be limited to: online learning applications, educational software; third-party websites, Internet-based educational resources, online data and assessment platforms, and any other software program or application used to assist with curricular or education specific needs. e. This section shall not be construed to limit the ability of a charter school to utilize virtual or remote instruction as permitted pursuant to Title 18A of the New Jersey Statutes or State Board of Education regulations. f. The Department of Education, in consultation with school districts throughout the State, shall maintain and publish on its Internet website a searchable list of all public school facilities that have been closed, are unused, unoccupied, or advertised for sale or for lease. L.1995, c.426, s.10; amended 2002, c.10; 2011, c.140, s.3; 2025, c.277, s.4.
N.J. Stat. § 18A:36A-11 Operation of charter school.
11. a. 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. 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. L.1995, c.426, s.11; amended 2007, c.260, s.57; 2017, c.131, s.27.
N.J. Stat. § 18A:36A-11a Compliance with ownership disclosure provisions, management organization, charter schools.
20. A charter management organization or education management organization that receives payment for operating or managing a charter school, the source of which is State or local funds, shall comply with the ownership disclosure provisions of section 1 of P.L.1977, c.33 (C.52:25-24.2). L.2025, c.277, s.20.
N.J. Stat. § 18A:36A-11.1 Requirements for member of board of trustees of a charter school.
7. a. A person may not serve as a member of the board of trustees of a charter school if he or she has been convicted of a crime or offense listed in N.J.S.18A:12-1. b. Each member of a charter school board of trustees, within 30 days of appointment to that board, shall undergo a criminal history background investigation for the purpose of ensuring that the member is not disqualified from membership due to a conviction of a crime or offense listed in N.J.S.18A:12-1. c. A member of a charter school board of trustees shall submit to the Commissioner of Education his or her name, address and fingerprints taken in accordance with procedures established by the commissioner. The Commissioner of Education is hereby authorized to exchange fingerprint data with and receive criminal history record information from the federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. A member shall furnish his or her written consent to such a check as a condition of holding the office of charter school board of trustees member. The member shall bear the cost for the criminal history record check, including all costs for administering and processing the check. The charter school may reimburse the member for the cost of the criminal history record check, including all costs for administering and processing the check. d. The Commissioner of Education is authorized to: receive all criminal history data necessary to complete the criminal history records check as required pursuant to this section; receive all data in accordance with this section on charges pending against a member who has previously undergone a criminal history records check; and adjust the fees set by the Department of Education for the criminal history records checks. e. Upon receipt of the criminal history record information for a member of a charter school board of trustees from the Federal Bureau of Investigation and the Division of State Police, the Commissioner of Education shall notify the member, in writing, of the member's qualification or disqualification from holding the office of member of a board. If the member is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice to the member. The member shall have 14 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record information. If no challenge is filed or if the determination of the accuracy of the criminal history record information upholds the disqualification, the commissioner shall notify the member's board of trustees that the member has been disqualified from membership on the board. f. The commissioner is authorized to share all criminal history record information of a member received from the Federal Bureau of Investigation or the State Bureau of Identification with the appropriate court in order to obtain copies of the judgment of conviction and such other documents as the commissioner deems necessary to confirm the completeness and accuracy of the record. g. Following qualification for membership on a board of trustees pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against a member. If the charge is for one of the crimes or offenses enumerated in N.J.S.18A:12-1, the commissioner shall notify the member's board of trustees, and the board shall take appropriate action. If the pending charge results in conviction, the member shall be disqualified for continued membership. h. The Commissioner of Education shall permanently maintain the criminal record and application documents on a member of a board of trustees. All documents submitted by a candidate and all criminal history record information shall be maintained by the commissioner in a confidential manner. L.2011, c.72, s.7.
N.J. Stat. § 18A:36A-11.2 Requiring student representative as nonvoting member of charter school board that includes grades nine through 12; procedure; duties.
2. a. Notwithstanding any law, rule or regulation to the contrary, each board of trustees of a charter school that includes grades nine through 12 shall include a minimum of one student selected by the student body to serve as a nonvoting student representative on the board. The student body may elect or appoint the student representative to the board, in a process to be determined by the chief school administrator of a charter school and shall consider input provided by the student body. The student representative shall serve for a one-school-year term. b. The duties of the student representative shall include: (1) attending all board meetings, except that a student representative shall be excluded from discussions of the board involving subjects which are confidential; (2) representing all high school students within the charter school and presenting student proposals and concerns to the board for its consideration; and (3) keeping high school students within the charter school informed of the business of the board by providing a monthly report to the student council concerning the activities of the board. L.2021, c.446, s.2.
N.J. Stat. § 18A:36A-11.3 Experience necessary for charter school trustees.
13. An individual appointed to a board of trustees of a charter school following the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.), other than a student representative appointed pursuant to section 2 of P.L.2021, c.446 (C.18A:36A-11.2), shall possess legal, fiscal, educational, community, or board leadership or governance experience. L.2025, c.277, s.13.
N.J. Stat. § 18A:36A-11.4 Residency requirements for charter school trustees.
14. a. A minimum of 33 percent of the members of the board of trustees of a charter school shall maintain their principal residence or primary place of employment in the district or region in which the charter school is located, provided that at least one member of the board of trustees shall maintain their principal residence in the district or region in which the charter school is located. b. A member of the board of trustees of a charter school shall maintain the member’s principal residence in the State. c. A person who holds membership on the board of trustees of a charter school on the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.), but does not maintain principal residence or a primary place of employment in accordance with the provisions of subsections a. and b. of this section on that effective date, shall not be subject to the residency requirements of this section while the person continues to hold membership on the board without a break in service of greater than seven days. L.2025, c.277, s.14.
N.J. Stat. § 18A:36A-12 Per pupil payments to charter schools.
12. a. (Deleted by amendment, P.L.2007, c.260). b. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the 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 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. 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. L.1995, c.426, s.12; amended 2000, c.142, s.2; 2007, c.260, s.58; 2018, c.68, s.2.
N.J. Stat. § 18A:36A-13 Transportation for students
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. L.1995,c.426,s.13.
N.J. Stat. § 18A:36A-14 Authority of board of trustees; employees.
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 not contract with a for-profit entity to operate or manage the charter school. The board may contract with a charter management organization for these services. Notwithstanding the provisions of this subsection to the contrary, an education management organization that holds a contract to operate or manage a charter school in the State on the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.) shall not be subject to the prohibition on contracting with a for-profit entity pursuant to this subsection. 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 P.L.1995, c.426 (C.18A:36A-4), 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 board of trustees of a charter school shall have the authority to employ, discharge, and contract with necessary teachers and non-licensed 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.) and the "Conscientious Employee Protection Act," P.L.1986, c.105 (C.34:19-1 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. 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. 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. L.1995,c.426,s.14; amended 2025, c.277, s.5.
N.J. Stat. § 18A:36A-14a Non-disclosure agreements, charter schools, employees.
16. a. As used in this section: “Non-disclosure agreement” means an agreement between the board of trustees of a charter school and an employee of the charter school arising out of an existing or anticipated employment relationship, or an agreement between the board and an employee with respect to severance pay, under which the employee or expected employee agrees not to disclose information that may be exchanged or acquired during the course of employment at the charter school. A non-disclosure agreement may include a confidentiality clause or any other language limiting the ability of an employee to discuss their employment with the charter school. “Restrictive covenant” means an agreement between the board of trustees of a charter school and an employee of the charter school arising out of an existing or anticipated employment relationship, or an agreement between the board and an employee with respect to severance pay, under which the employee or expected employee agrees not to engage in certain specified activities competitive with the charter school after the employment relationship has ended. b. The board of trustees of a charter school, or any employee acting on behalf of the board, shall not require or request that an employee enter into a non-disclosure agreement or restrictive covenant as a condition of employment or with respect to severance pay as provided in an employment contract. c. Nothing in this section shall be construed to prohibit a board of trustees from entering into a non-disparagement agreement with an employee. L.2025, c.277, s.16.
N.J. Stat. § 18A:36A-14.1 Charter school budget to be posted on school’s website.
12. a. The budget adopted by a charter school for the school year shall be provided for public inspection on the homepage of the charter school’s Internet website and made available in print in a “user-friendly” format using plain language. The Commissioner of Education shall, within the limit of funds appropriated or otherwise made available for this purpose, promulgate a “user-friendly,” plain language budget summary form for the use of charter schools for this purpose. The commissioner shall also promulgate a procedure and timeline for the submission by each charter school of the required budget summary form to the Department of Education. b. The plain language budget summary shall provide the public with information in summary form about the budget of the charter school and shall include, in addition to an abbreviated version of the formal budget adopted by the charter school, any statistical information as the commissioner determines to be useful for the public’s understanding of the charter school’s fiscal matters and condition and shall also include, but not be limited to, the following information for both the budget year and prebudget year: (1) all line items of appropriation aggregated by item type; (2) revenues by major category, including private donation; (3) the amount of available surplus; (4) a description of unusual revenues or appropriations, with a description of the circumstances of the revenues or appropriations; (5) a list of shared service agreements in which the charter school is participating; (6) the salary of the lead person and the school business administrator employed by the charter school; and (7) if either the lead person or school business administrator is a contracted service provider, each executed contract between the lead person or school business administrator and charter school. c. The plain language budget summary shall be submitted to the department in a form as determined by the commissioner, and, upon its receipt of the summary, the department shall make the summary available to the public through an Internet website maintained by the department in an easily accessible location. The information on the website shall be presented as data that can be downloaded by the public for comparative purposes using commonly used software. d. Upon the preparation of its budget, each board of trustees shall fix a date, place, and time for the holding of a public hearing upon the budget and the amounts of money necessary for the use of the charter school for the ensuing school year and the various items and purposes for which the funds will be used. The hearing shall be held at a time and place accessible to the public. The board of trustees shall cause notice of the public hearing and the statement annexed to the budget to be: (1) published in the county or counties where the charter school is to be located on three occasions; and (2) sent to the board of education of each school district of residence of the students enrolled in the charter school not less than four days prior to the date fixed for the public hearing. The notice sent to a board of education pursuant to this paragraph may be transmitted by the board of trustees via electronic mail. L.2025, c.277, s.12.
N.J. Stat. § 18A:36A-14.2 Timeline of submission, compensation study, charter schools.
17. a. A board of trustees of a charter school shall submit a compensation study to the commissioner: (1) in any school year during which a charter school enters into, renews, or substantially modifies a contract with the lead person of the charter school as part of the charter school’s annual report required pursuant to subsection b. of section 16 of P.L.1995, c.426 (C.18A:36A-16); and (2) at any other time the commissioner deems necessary. b. A board of trustees of a charter school may utilize a compensation study completed in any of the immediately preceding three school years to comply with the provisions of this section. L.2025, c.277, s.17.
N.J. Stat. § 18A:36A-14.3 Public notice of amending, altering contract terms, lead person, business administrator, charter schools.
18. A board of trustees of a charter school shall not renegotiate, extend, amend, or otherwise alter the terms of a contract with a lead person or school business administrator unless notice is provided to the public at least 30 days prior to the scheduled action by the board. The board shall also hold a public hearing and shall not take any action on the matter until the hearing has been held. The board shall provide the public with at least 10 days’ notice of the public hearing. L.2025, c.277, s.18.
N.J. Stat. § 18A:36A-14.4 Public notice of amending, altering contract terms, management organizations, charter schools.
19. A board of trustees of a charter school shall not renegotiate, extend, amend, or otherwise alter the terms of a contract with a charter management organization or education management organization unless notice is provided to the Department of Education and the public at least 30 days prior to the scheduled action by the board. The board shall also hold a public hearing and shall not take any action on the matter until the hearing has been held. The board shall provide the department and the public with at least 10 days’ notice of the public hearing. L.2025, c.277, s.19.
N.J. Stat. § 18A:36A-15 Complaints to board of trustees
15. Any individual or group may bring a complaint to the board of trustees of a charter school alleging a violation of the provisions of this act. If, after presenting the complaint to the board of trustees, the individual or group determines that the board of trustees has not adequately addressed the complaint, they may present that complaint to the commissioner who shall investigate and respond to the complaint. The board shall establish an advisory grievance committee consisting of both parents and teachers who are selected by the parents and teachers of the school to make nonbinding recommendations to the board concerning the disposition of a complaint. L.1995,c.426,s.15.
N.J. Stat. § 18A:36A-16 Annual assessment, review of charter schools, independent study, report, recommendations.
16. a. The commissioner shall annually assess whether each charter school is meeting the goals of its charter. The commissioner shall also conduct a comprehensive review prior to granting a renewal of the school’s charter. Notice of a charter school’s renewal application shall be provided in accordance with the provisions of subsection c. of section 4 of P.L.1995, c.426 (C.18A:36A-4). The executive county superintendent of schools of the county in which the charter school is located 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 that State board regulations concerning assessment, testing, civil rights, and student health and safety are being met. b. In order to facilitate the commissioner's review, each charter school shall submit an annual report to the local board of education, the executive county superintendent of schools, and the commissioner in the form prescribed by the commissioner. The report shall be received annually by the local board, the executive county superintendent, and the commissioner no later than August 1. The report shall also be made available on the charter school’s Internet website and to the parent or guardian of a student enrolled in the charter school and shall be presented to the public at a regularly scheduled board of trustees meeting. 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. f. Every five years the commissioner shall publicly report on the state of charter schools in New Jersey based on measures contained in the Performance Framework developed by the commissioner pursuant to regulations adopted under chapter 11 of Title 6A of the New Jersey Administrative Code to evaluate the academic, financial, and organizational performance of charter schools. L.1995,c.426,s.16; amended 2000,c.142,s.3; 2025, c.277, s.6.
N.J. Stat. § 18A:36A-16.1 Annual report to include student exit numbers, charter schools.
7. a. Each charter school shall include information on the number of students exiting the charter school in the preceding school year in the annual report submitted by the charter school to the commissioner pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16). b. The information shall include last dates of attendance, reasons for exiting the charter school, and subsequent educational placements. The information 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. L.2025, c.276, s.7.
N.J. Stat. § 18A:36A-17 Granting, renewal of charter.
17. a. A charter granted by the commissioner pursuant to the provisions of P.L.1995, c.426 (C.18A:36A-1 et seq.) shall be granted for a four-year period and may be renewed for a period of five or 10 years at the discretion of the commissioner. A charter school, which has been deemed high performing based on measures contained in the Performance Framework developed by the commissioner pursuant to regulations adopted under chapter 11 of Title 6A of the New Jersey Administrative Code to evaluate the academic, financial, and organizational performance of charter schools, may be renewed for a period of 10 years, provided that the charter school has not been placed on probationary status within the previous five years. The commissioner may revert a charter school approved for a 10-year renewal period to a five-year renewal period if the charter school is placed on probationary status during the first five years of the 10-year renewal period. The commissioner may review the charter of a school that has been granted a renewal at any time during the renewal period. b. The commissioner may place a 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 may place a charter school on probationary status for any reason determined by the commissioner based on the individual circumstances of a charter school or if, on two occasions during a single school year, the charter school: (1) has not fulfilled any condition imposed by the commissioner in connection with granting the charter; (2) violates any provision of its charter; (3) violates any of the financial operations requirements established for the charter schools by the State board; (4) fails to make reasonable and appropriate efforts to serve a cross section of the community’s school age population; (5) engages in a practice and pattern of discrimination in violation of federal or State law; or (6) violates any federal or State law. A charter school shall notify each employee and the parent or guardian of each enrolled student as to the charter school’s probationary status upon notification by the commissioner that the charter school has been placed on probationary status. c. The commissioner may revoke a school's charter if the school has not fulfilled any condition imposed by the commissioner in connection with the granting of the charter, if the school has violated any provision of its charter, if the school is determined by the commissioner to have committed or engaged in any of the criteria listed in paragraphs (1) through (6) of subsection b. of this section while on probationary status, or for any reason determined by the commissioner based on the individual circumstances of a charter school, except that in the case of violations that are administrative or technical in nature, the commissioner shall afford the school an opportunity to correct the deficiencies prior to initiating revocation proceedings. d. The commissioner shall develop procedures and guidelines for the revocation and renewal of a school's charter. L.1995,c.426,s.17; amended 2025, c.277, s.7.
N.J. Stat. § 18A:36A-17a Compensation study, charter school, renewal application review.
9. The Commissioner of Education shall consider the most recent compensation study submitted by the charter school and the charter school’s administrative costs over the past three years when reviewing an application to renew a charter school and as part of the annual review conducted by the commissioner pursuant to section 16 of P.L.1995, c.426 (C.18A:36A-16). L.2025, c.277, s.9.
N.J. Stat. § 18A:36A-17.1 Commissioner's actions relative to possible loss, not granting of charter.
4. If at any time the commissioner 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 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, 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 may send the appropriate notice to the parents or guardians and staff. L.2000,c.142,s.4.
N.J. Stat. § 18A:36A-18 Rules, regulations
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. L.1995,c.426,s.18.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026