Bill Text: NJ SCR62 | 2016-2017 | Regular Session | Introduced
Bill Title: Determines that State Board of Education regulations regarding charter schools are not consistent with legislative intent.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-16 - Introduced in the Senate, Referred to Senate Education Committee [SCR62 Detail]
Download: New_Jersey-2016-SCR62-Introduced.html
SENATE CONCURRENT RESOLUTION No. 62
STATE OF NEW JERSEY
217th LEGISLATURE
INTRODUCED FEBRUARY 16, 2016
Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Determines that 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 adopted regulations 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.). Specifically, in subchapter 1 of chapter 11, the 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 regulations stipulates that an existing charter school may apply to amend its charter to open a satellite campus.
3. The Legislature finds that the above regulations are not consistent with the Legislative intent because 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 acts to circumvent these procedures.
4. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate 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 the 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 adopted 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 regulations 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 the regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations.
