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Nonpublic Charter Conversion

Office of Charter Schools

Non-Public Charter Conversion Regulations- 6A:11A

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Purpose

Purpose:

To enable a high quality nonpublic school within a low-performing school district to convert to a charter school pursuant to N.J.S.A. 18A:36A-4.1  Conversion to charter school by certain nonpublic schools.

Legislation passed on November 10, 2011.

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Eligibility- Districts

Eligible DistrictsAccording N.J.S.A. 18A:36A-4.1 conversion schools are to be located in a “failing district,”  defined as a “district in need of improvement” pursuant to the provisions of the "No Child Left Behind Act of 2001“*

Listed below are the school districts identified for improvement in the 2010-2011 school year:

COUNTY DISTRICTATLANTIC GREATER EGG HARBOR REGION ATLANTIC HAMILTON TOWNSHIP ATLANTIC MAINLAND REGIONAL ATLANTIC SOMERS POINT BERGEN RAMAPO INDIAN HILLS REGIO

BURLINGTON BURLINGTON CITY BURLINGTON BURLINGTON COUNTY VOCATIO BURLINGTON LENAPE REGIONAL HS DISTRI BURLINGTON MOUNT LAUREL TOWNSHIP BURLINGTON RANCOCAS VALLEY REGIONAL

CAMDEN BLACK HORSE PIKE REGIONAL CAMDEN CAMDEN CITY CAMDEN CAMDEN COUNTY VOCATIONAL

COUNTY DISTRICTCAMDEN EASTERN CAMDEN COUNTY REG CAMDEN MOUNT EPHRAIM BOROUGH CAMDEN STERLING HIGH SCHOOL DIST CAMDEN WINSLOW TOWNSHIP

CUMBERLAND CUMBERLAND REGIONAL DISTR CUMBERLAND FAIRFIELD TOWNSHIP CUMBERLAND MILLVILLE

ESSEX ESSEX COUNTY VOCATIONAL S ESSEX IRVINGTON TOWNSHIP ESSEX NEWARK ESSEX CITY OF ORANGE TOWNSHIP

HUDSON JERSEY CITY HUDSON WEST NEW YORK

*Please note that this determination is no longer valid under the ESEA waiver. Individual districts can apply to the Commissioner to be removed from this list.

Eligibility- Districts

Eligible Districts* (continued)

COUNTY DISTRICTHUNTERDON HUNTERDON CENTRAL REGIONA

MERCER EWING TOWNSHIP MERCER HAMILTON TOWNSHIP MERCER TRENTON

MIDDLESEX MIDDLESEX COUNTY VOCATION MIDDLESEX NEW BRUNSWICK MONMOUTH ASBURY PARK MONMOUTH FREEHOLD BOROUGH MONMOUTH FREEHOLD REGIONAL HIGH SC MONMOUTH LONG BRANCH MONMOUTH MONMOUTH REGIONAL H S DI MONMOUTH RED BANK REGIONAL H S DI MONMOUTH SHORE REGIONAL HIGH SCHOO

OCEAN LAKEWOOD TOWNSHIP OCEAN PINELANDS REGIONAL

PASSAIC CLIFTON

COUNTY DISTRICTPASSAIC LAKELAND REGIONAL PASSAIC PASSAIC CITY PASSAIC PASSAIC VALLEY REGIONAL PASSAIC PASSAIC COUNTY VOCATIONAL PASSAIC PATERSON SALEM PENNS GROVE‐CARNEYS POINT SALEM SALEM CITY

SUSSEX SUSSEX COUNTY VOCATIONAL UNION ELIZABETH UNION LINDEN UNION ROSELLE BOROUGH UNION UNION TOWNSHIP

CHARTER East Orange Community CS CHARTER Lady Liberty Academy Charter CHARTER University Academy Charter School

*Please note that this determination is no longer valid under the ESEA waiver. Individual districts can apply to the Commissioner to be removed from this list. 5

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Eligibility- Non-Public

Eligible Non-Public Schools: Only nonpublic schools that are considered “high-performing” can be considered for charter school status.

High performing 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.

A norm-referenced achievement test means the California Achievement Test (CAT), Metropolitan Achievement Test (MAT), Stanford Achievement Test (SAT), the Comprehensive Test of Basic Skills (CTBS) or one of the tests within the CTBS.

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Application Process

Application:

Nonpublic school conversion candidates follow the application process for all charter school applicants pursuant to N.J.A.C. 6A:11-2.1, with the exception of testing requirements pursuant to N.J.S.A. 18A:36A-4.1.

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Enrollment

Enrollment:

The proposed conversion charter school must provide enrollment preference in the first year of operation to students previously enrolled in the nonpublic school.

After the first year of operation, a converted charter school must enroll students through the open registration and lottery process as per N.J.S.A. 18A:36A-7 and 8.

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Teaching Staff

Teaching Staff:

Teaching staff and other employees of the nonpublic school may continue employment at the charter school upon its conversion.

Any employee not appropriately certified pursuant to N.J.S.A. 18A:36A-14 must take immediate action towards receiving required New Jersey certification and must be in full compliance with all certification requirements within two years of the school's conversion.

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Facility

Facility:A nonpublic school that converts to a charter school may be located in the same school building in which the nonpublic school was located.

The facility is exempt from public school facility regulations except those pertaining to the health or safety of pupils.

A charter school, including a converted nonpublic school, may not construct a facility with public funds other than federal funds.

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Former Nonpublic Religious Schools

Former Nonpublic Religious Schools:Upon conversion to charter school status the school must prohibit

religious instruction, events, and activities that promote religious views.

The school cannot display any religious symbols.

The school name cannot contain any religious reference.

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Conclusion

Conclusion:

The Department will propose code language to be inserted into subchapter N.J.A.C. 6A:11A to address all of the areas that are affected by the implementation of N.J.S.A. 18A:36A-4.1.