New Jersey Department of Education

Charter Amendment Guidelines

Updated August 2022

The purpose of this webpage is to:

  • Outline the process that a charter school must follow in making an amendment request; and
  • Provide guidance to charter schools about the types of changes that require approval from the Commissioner through an amendment to the school’s charter before the school implements the changes.

Overview

In accordance with N.J.S.A. 18A:36A-3, a charter school is a public school operated under a charter granted by the Commissioner. Charter schools are public schools governed by independent boards and held accountable to a contractual agreement with their chartering entity. When a charter school governing board requires a material change to its charter, the contractual agreement may be modified by mutual agreement of the chartering entity and the governing body of the school.

Amendments may be requested pursuant to N.J.A.C. 6A:11-2.6 et seq. A charter school may apply to the Commissioner for an amendment to the charter at any time following the final granting of the charter. However, requests for expansion in enrollment must be made by December 1 of the preceding school year to increase enrollment in the subsequent school year.

If you have any questions regarding the amendment process and what types of changes are considered material, please contact the Office of Charter and Renaissance Schools at scharter@doe.nj.gov.

Process

The board of trustees of a charter school shall submit in the form of a board resolution the amendment request to the Commissioner and the district board(s) of education.

A complete and acceptable amendment request consists of the following four elements:

  1. A formal cover letter of request to the Commissioner of Education that includes a rationale for the requested amendment and other supportive documentation;
  2. An approved board resolution that:
    1. Is signed and dated,
    2. Includes a tally of the board members that were present, and
    3. Includes how the board members voted (Yes, No, Abstained or Absent).
  3. Any page(s) from the original charter that will be affected by the amendment reflecting the proposed changes (i.e., revised enrollment charts, school year calendar, etc.).
  4. Receipt(s) certifying that copies of the amendment request were submitted to the district(s) of residence.

For element 2, refer to the Sample Board Resolution (PDF).

Request Types

Based on request type, all of the documentation described below must be included in the amendment request submitted to the Commissioner.

The request types are:

  • Enrollment: adding pre-kindergarten, increasing enrollment, and expanding grade levels;
  • Location/Facility: relocation or adding a school site location;
  • Weighted Lottery:using a weighted lottery for entrance; and
  • Other: schedule change, change in school mission, change in school name


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