The Institute for Excellence Charter School

What is a charter school?
A charter school is a public school open to all students on a space-available basis that operates independently of the district board of education under a charter granted by the Commissioner. Once the charter is approved by the Commissioner, the school is governed by a board of trustees deemed to be public agents authorized by the State Board of Education to supervise and control the school. A charter school is a body corporate and politic with all powers necessary for carrying out its charter program.

What is the relationship between the charter school and the district board of education where it is established?The charter school operates independently of the district board of education; however, funding for the charter school comes from the state and local taxpayers through the district board of education.

Is transportation provided for charter school students?
Yes, transportation to and from a charter school is provided for students who reside in the district of residence or region of residence of the charter school on the same terms and conditions as transportation is provided to students attending the schools of the district board(s) of education. The New Jersey Administrative Code, Student Transportation section outlines specific procedures and responsibilities regarding the transportation of students from the district of residence or region of residence, as well as non-resident students. The code addresses charter school transportation at N.J.A.C. 6A:27-3. In addition, transportation will be provided to students with disabilities as required by each individual education program (IEP).

Are charter schools required to meet all public school regulations?
Yes. However, theCharter School Program Act of 1995 (N.J.S.A. 18A:36A) specifically exempts charter schools from public school facility regulations except those pertaining to the health and safety of the students. The act also provides that the board of trustees of the charter school may request, from the Commissioner, waivers from other state regulations concerning public schools, except those pertaining to assessment, testing, civil rights, special education and student health and safety.

How will parents and community groups be involved in the planning and operation of a charter school?
TheCharter School Program Act of 1995 requires charter schools to provide a description of the procedures to be implemented to ensure significant parental involvement in the operation of the school as part of the 2008 New JerseyCharterSchool Application. The act also requires that the applicant provide information on the manner in which community groups will be involved in the charter school planning process. Parents and representatives of community organizations may be involved as founders and members of the board of trustees of a charter school.

Are charter schools subject to the finance and business service code, N.J.A.C. 6A:23?
Yes, charter schools must adhere to all regulations outlined in the finance and business services code.

Who may attend a charter school?
A charter school must be open to all students on a space-available basis. If there is a greater number of qualified applicants who seek enrollment than there are spaces available, the charter school is required to use a random selection process (lottery). Preference is given to students from the district of residence or region of residence before non-resident students may be admitted.

Must a student be registered in the school district to be considered for admission to a charter school?
Yes, a student must first be registered in the school district in order to be enrolled in a charter school.

Must preference for admissions be given to the students in the district of residence or region of residence?Yes, preference for enrollment in a charter school must be given to students who reside in the district or region of residence.

How will students be admitted to the charter school?
The charter school may not discriminate in its admission policies or practices on the basis of intellectual or athletic ability, measures of achievement or aptitude, status as a handicapped person, proficiency in the English language or any other basis that would be illegal if used by a district board of education. The charter school’s admissions policy must, to the maximum extent practicable, seek the enrollment of a cross-section of the community’s school-age population including racial and academic factors.

How is “reasonable criteria” to evaluate prospective students defined?
A charter school may establish reasonable criteria to evaluate prospective students. The criteria must be outlined in the 2008 New JerseyCharterSchool Application and approved by the Commissioner. However, information gained through any of these processes may not be used to admit or screen out prospective students.

Will any students be given preference for admission to a charter school?
Yes, the Charter School Program Act of 1995 requires a charter school to give enrollment preference to students who reside in the district of residence or region of residence of the charter school. The act also requires a charter school to allow students who are currently enrolled to continue enrollment in the next school year in the appropriate grade level, unless the appropriate grade is not offered at the charter school. A charter school is also given the authority to give enrollment priority to siblings of enrolled students.

May a charter school recruit students from its district of residence or region of residence concurrently with students from non-resident district boards of education?
Yes, a charter school may recruit students from its district of residence or region of residence concurrently with students from non-resident district boards of education. Should there be more applications than spaces available and a random selection process is needed at the conclusion of the recruitment period, the applications for students from the district of residence or region of residence would be separated from applications for students from non-resident district boards of education. Preference for admission must be given to the students from the district of residence or region of residence.

What is the random selection process (lottery) and when must it be used.
A random selection process (lottery) is one that places all eligible applicants per grade level into one pool and then selects applicants in a nondiscriminatory manner. This process must be activated during each enrollment period when the number of eligible applicants exceeds the number of enrollment slots available for a grade level.

When must a charter school conduct its initial recruitment period?
If a charter application is approved in September 2008, and the school plans to open in September 2009, the initial recruitment numbers must be submitted to the Commissioner no later than April 15, 2008. A charter school must submit to the Commissioner, in the prescribed format, the number of students by grade level from each district selected for enrollment from its initial recruitment period for the following school year. If a school elects to take a planning year, enrollment information must be submitted to the Commissioner in the prescribed format no later than January 15, 2009. In subsequent school years, enrollment information will be submitted yearly on January 15.

What is a waiting list and how long does a charter school maintain a waiting list?
A charter school develops a waiting list to identify the names of grade-eligible students with applications to a charter school pending acceptance for the subsequent school year based upon the order of random selection from a lottery following a recruitment period. The waiting list begins with the close of the annual initial recruitment period and first random selection process and ends with the close of the school year. The waiting list is divided into students from the district of residence or region of residence and students from non-resident districts. During recruitment periods, a charter school must notify parents that their children’s names remain on the waiting list for enrollment for the school year.

If a charter school does not fill all spaces available as a result of the initial recruitment period, may a charter school conduct additional recruitment periods?
Yes, a charter school may conduct additional recruitment periods until all spaces available are filled. However, each recruitment period must have opening and closing dates and a random selection process (lottery) must be conducted, if needed.

Is there a deadline for age eligibility for a student to enter kindergarten in a charter school?
Yes, a charter school must enroll a student selected for admission to kindergarten based on the student reaching the age of five in that school year by:

Are students with educational disabilities, English language learners (ELL) and at-risk students eligible to attend a charter school?
A charter school is a public school open to all students. Students with educational disabilities, ELLs or at-risk students are eligible to attend a charter school on the same basis as all other students. The Charter School Program Act of 1995 provides that any categorical aid attributable to students be paid to the charter school. It also requires charter schools to comply with current law and regulation regarding the provision of services to students with educational disabilities, ELLs or at-risk students.

May a student withdraw from a charter school?
Yes, a student may withdraw from a charter school at any time and have his/her records transferred to the district board of education, state district superintendent, another charter school or a private school.

May a charter school expel a student?
Yes, student may be expelled from a charter school. The charter school must comply with the current law regarding expulsion and due process including N.J.S.A. 18A:37 and N.J.A.C. 6A:16.

How does the federal No Child Left Behind Act (NCLB) affect New Jersey charter schools?
New Jersey charter schools are public schools; therefore, all NCLB requirements are applicable. Additional information may be found on the federal NCLB Web site at http://www.ed.gov/nclb/landing.jhtml?src=ln and the New Jersey Department of Education’s Web site at http://www.state.nj.us/education.

Will a charter school be required to implement the New Jersey Core Curriculum Content Standards?
Yes, the Charter School Program Act of 1995 requires charter schools to meet the same academic performance standards as established by law and regulation for all public school students.

Is inclusion permitted for students with educational disabilities in charter schools?
Yes, inclusion is encouraged for students with educational disabilities in all public schools. The charter school must make available the educational program as proscribed by a student’s Individualized Education Program (IEP) that provides for a free, appropriate public education in the least restrictive environment.

Are charter schools required to hire a Child Study Team?
Yes, a charter school is required to hire a Child Study Team which must include a school psychologist, a learning disabilities teacher-consultant and a school social worker (see N.J.A.C. 6A:14-3.1). In addition, a charter school may need to hire specialists in the area of disability which may include, but are not limited to, speech-language specialists, occupational therapists and physical therapists. The child study team must be hired by the charter school on either a full- or part-time basis and meet all requirements of NJAC 6A:14. Charter schools may not hire child study team members as consultants.

Do charter schools have to participate in the statewide assessment program?
Yes, charter schools must participate in the required statewide assessment program and will be monitored to assure compliance with statute and regulations concerning assessment and testing. In addition, all charter schools must comply with federal and state NCLB regulations and participate in the National Assessment of Educational Progress (NAEP) testing if selected.

Will charter schools be required to meet the academic performance standards required of public schools?
Yes, theCharter School Program Act of 1995 requires all charter school students to meet the same testing and academic performance standards as established by law and regulation for public school students. A charter school will also identify in its 2008 New JerseyCharterSchool Application any non-mandated tests and/or assessment measures that will be implemented.

Must all professional staff be certified?
Yes, all classroom teachers, principals and professional support staff employed by a charter school must hold appropriate New Jersey certification in accordance with N.J.A.C. 6A:9. The fiscal operations of the charter school must be overseen by a person who holds a New Jersey standard or provisional school business administrator certificate in accordance with N.J.A.C. 6A:9. Charter schools may share the services of a certified school business administrator.

Must a charter school employ a school nurse?
Yes, a school nurse must be employed in accordance with N.J.A.C. 6A:16. He/she must hold a New Jersey school nurse certificate.

May a person holding a Certificate of Eligibility with Advanced Standing or a Certificate of Eligibility teach?Yes, a person holding a Certificate of Eligibility with Advanced Standing or a Certificate of Eligibility may be hired. The candidate cannot teach students until appropriate paperwork for the Provisional Teacher Program is filed by the charter school with fees paid to the Office of Licensure and Credentials, New Jersey Department of Education.

Must teaching staff members meet the NCLB requirements for highly qualified teachers?
Yes, charter school staff must meet applicable NCLB requirements for highly qualified teachers (HQT) and charter schools should

Is the board of trustees of a charter school held to the same financial guidelines as the district board of education?
Yes, the board of trustees of a charter school must:

How will charter schools be funded?
A charter school will be funded based on its student enrollment. Funding will flow from the state to the district board of education and then to the charter school. The district in which a student attending the charter school resides will pay the lower of either 90 percent of the program budget per pupil for the specific grade level in the district or 90 percent of the maximum T&E amount. For any student enrolled in a charter school in which 90 percent of the program budget per pupil for the specific grade level is greater than 90 percent of the maximum T&E amount, the state pays the difference between the two amounts directly to the charter school. The act also provides that the cost for non-resident students will be based on the per-pupil amount for the specific grade level of the district in which the student resides and capped by the program budget per pupil for the specific grade level in the district in which the charter school is located.

May a charter school charge tuition?
No, the Charter School Program Act of 1995 specifically prohibits a charter school from charging tuition.