Bill > A454

Introduced Session

This bill makes changes to the State's charter school program. The bill alters the charter school renewal process by requiring the Commissioner of Education, no later than August 1 of each school year, to provide each charter school whose charter will expire at the end of that school year, with a renewal application and the criteria that the commissioner will use in determining whether to renew the charter. The commissioner will also issue to the charter school a school performance report which will provide a summary of the charter school's performance record and will identify matters that the commissioner believes may jeopardize the renewal of the charter. Under the bill, a charter school will be required to submit a charter school renewal application to the commissioner no later than October 15 of the school year in which its charter will expire. No later than 90 days after the receipt of the renewal application, the commissioner must make a determination to renew or not renew. Within 30 days of the determination on the renewal application, the commissioner must publish a report detailing the reasons for the determination. The report will also be posted on the Department of Education's website. The bill provides that the commissioner may at any time, after affording the charter school an opportunity to be heard, revoke a charter or place a charter school in probationary status if the charter school has: · committed a material and substantial violation of any of the terms, conditions, or procedures required pursuant to the charter school law or included in the charter agreement entered into by the commissioner and charter school; · failed to meet or make sufficient progress towards the performance expectations established in its charter agreement; · failed to meet generally accepted standards of fiscal management; or · violated in a material and substantial manner any provision of a law, rule, or regulation from which it is not exempt. The bill requires the commissioner to develop a procedure for revoking a charter and includes minimum requirements for that procedure. No later than 30 days after the commissioner makes a determination on the revocation of a charter, he must publish a report on his reasons for the determination and that report will be posted on the department's website. Finally, the bill provides that in the event of the closing of a charter school by the commissioner either through non-renewal or revocation of the charter, the commissioner must manage the closure and develop a protocol to ensure the orderly transition of students and their records to the new school of attendance, and the proper disposition of school funds, property, and assets. The bill also provides that in the event of the closing of a charter school, the assets of the charter school will be distributed first to satisfy outstanding payroll obligations for employees of the charter school, then to creditors of the charter school, and then to the State Treasurer to the credit of the General Fund.

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Gary Schaer (D)*, 

Introduced, Referred to Assembly Education Committee (on 01/09/2018)