N.J. Admin. Code § 6A:11-2.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:11-2.4 - Probation and revocation of charter

(a) The Commissioner may place a charter school on probationary status for a period of time as determined by the Commissioner to allow the implementation of a remedial plan upon a finding that the charter school is not operating in compliance with its charter, statutes, or regulations.

1. The Commissioner shall determine the date on which the probationary status will begin and notify the charter school of such date.

2. The charter school must submit a remedial plan to the Commissioner within 15 days from the receipt of the notice of probationary status.

3. The charter school must provide the specific steps, within the remedial plan, that it shall undertake to resolve the condition(s) not fulfilled and/or the violation(s) of its charter.

4. The Commissioner may remove the probationary status of a charter school if the school provides sufficient evidence, as determined by the Commissioner, that the terms of the probation have been met and the causes for the probationary status are corrected.

5. The Commissioner may grant extensions to the probationary status where warranted and extend the probationary period if the charter school has implemented its remedial plan but needs additional time to complete the implementation of its corrections.

6. The Commissioner may revoke the charter if the remedial plan is deemed to be insufficient or if probation terms have not been met.

(b) The Commissioner may revoke a school's charter following review by the Department for one or more of the following reasons:

1. Any condition imposed by the Commissioner in connection with the granting of the charter that has not been fulfilled by the school;

2. Violation of any provision of its charter by the school;

3. Failure of the remedial plan to correct the conditions that caused the probationary status. The Commissioner may place a school on probation before charter revocation, but probationary status is not necessary for revocation; or

4. Failure of the charter school to meet any standards set forth in its charter agreement or the Performance Framework.

(c) Upon the decision of the Commissioner to revoke or not renew a school's charter, or upon the decision of the board of trustees to surrender a charter, the board of trustees must implement school closure protocols including, at a minimum:

1. The board of trustees, within 48 hours of receipt of notification, shall:

i. Provide in writing to the Commissioner a complete list of names and addresses of all students and staff currently enrolled and working in the school, so the Commissioner may send the appropriate notice to the parents or guardians and staff; and

ii. Notify in writing all administrators, staff, parents, guardians, students, and special education providers; and

2. The board of trustees shall implement a comprehensive closure plan:

i. Within 10 business days of receipt of notification, the board of trustees shall appoint an independent trustee whose appointment is subject to the approval of the Commissioner. Duties of the independent trustee include, but are not limited to, the following:

(1) Review the budget to ensure that funds are sufficient to operate the school through the end of the school year, if applicable, and terminate any spending deemed non-essential to the operation of the school;

(2) Maintain all financial records;

(3) Notify all entities doing business with the school;

(4) Notify retirement and benefits systems in which the school's employees participate;

(5) Inventory and evaluate assets;

(6) Ensure appropriate payment of outstanding debt; and

(7) Ensure appropriate distribution of remaining assets;

ii. Provide for appropriate enrollment:

(1) The district(s) of residence of a charter school undergoing closure proceedings shall, in cooperation with the Department and the charter school, establish dates and times for parents and guardians to enroll students; and

(2) The charter school shall make all reasonable efforts to ensure that students enrolled at the time of the receipt of the closure notification have taken action to enroll in another school;

iii. Ensure transfer of student records:

(1) The charter school shall update all student records and have them available upon request for review by the Department;

(2) The charter school shall document the transfer of all records, including the number of general and special education records to be transferred, and the printed name and signature of the charter school representative releasing the records; and

(3) School districts receiving transferred students shall provide to the appropriate county office of education printed name(s) and signature(s) of representative(s) of the district(s) certifying receipt of the student records;

iv. The Commissioner may rescind approval of the appointed independent trustee if the Commissioner determines the trustee is not adequately performing the required duties set forth in (c)2 above. In addition, the Commissioner may appoint an independent trustee if the board of trustees fails to appoint one pursuant to the comprehensive closure plan; and

v. Within 30 days of school closure, the board of trustees shall pass a resolution officially dissolving the board.

N.J. Admin. Code § 6A:11-2.4

Amended by 49 N.J.R. 2521(a), effective 8/7/2017