New Jersey § 18a:36a-4

§ 18a:36a-4.

a. A charter school may be established by teaching staff members, parents with children

attending the schools of the district, or a combination of teaching staff members

and parents. A charter school may also be established by an institution of higher education or

a private entity located within the State in conjunction with teaching staff members

and parents of children attending the schools of the district. If the charter school is established by a private entity, representatives of the

private entity shall not constitute a majority of the trustees of the school, and

the charter shall specify the extent to which the private entity shall be involved

in the operation of the school. The name of the charter school shall not include the name or identification of the

private entity, and the private entity shall not realize a net profit from its operation

of a charter school. b. A currently existing public school is eligible to become a charter school if the

following criteria are met: (1) At least 51% of the teaching staff in the school shall have signed a petition

in support of the school becoming a charter school; and (2) At least 51% of the parents or guardians of pupils attending that public school

shall have signed a petition in support of the school becoming a charter school. c. An application to establish a charter school shall be submitted to the commissioner

and the local board of education or State district superintendent, in the case of a school district under full State intervention , in the school year preceding the school year in which the charter school will be

established. Notice of the filing of the application shall be sent immediately by the commissioner

to the members of the State Legislature, school superintendents, and mayors and governing

bodies of all legislative districts, school districts, or municipalities in which

there are students who will be eligible for enrollment in the charter school. The board of education or State district superintendent shall review the application and forward a recommendation to the commissioner

within 60 days of receipt of the application. The commissioner shall have final authority to grant or reject a charter application. d. The local board of education or a charter school applicant may appeal the decision

of the commissioner to the Appellate Division of the Superior Court. e. A charter school established during the 48 months following the effective date

of this act, other than a currently existing public school which becomes a charter

school pursuant to the provisions of subsection b. of section 4 of this act, shall

not have an enrollment in excess of 500 students or greater than 25% of the student

body of the school district in which the charter school is established, whichever

is less. Any two charter schools within the same public school district that are not operating

the same grade levels may petition the commissioner to amend their charters and consolidate

into one school. The commissioner may approve an amendment to consolidate, provided that the basis

for consolidation is to accommodate the transfer of students who would otherwise be

subject to the random selection process pursuant to section 8 of P.L.1995, c. 426 ( C.18A:36A-8 ).