In the Matter of the Grant of the Charter School Application of the Greater Brunswick Charter School, Middlesex County

SYLLABUS
 

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

In the Matter of the Grant of the Charter School Application of the Greater Brunswick Charter School, Middlesex County (A-35-99)

Argued February 29, 2000 -- Decided June 28, 2000

PER CURIAM

This appeal is a companion to the appeals of IMO the Grant of the Charter School Application of Englewood on the Palisades Charter School, IMO the Grant of the Charter School Application of the Classical Academy Charter School of Clifton, Passaic County, IMO the Grant of the Charter School Application of the Franklin Charter School, Somerset County, ___ N.J. ___ (2000), decided today. In this appeal, the Highland Park Board of Education (Highland Park) challenges the grant of a charter school application filed by the Greater Brunswick Charter School (Brunswick), which proposed to provide an educational program to serve both urban and suburban students as a regional charter school drawing from several bordering districts, including Highland Park.

Highland Park appealed the approval and grant of the charter to the Appellate Division which, on the issues relevant to the instant appeal, held that although the Charter School Program Act of 1995 (Act) does not specifically authorize regional schools, regulations promulgated by the State Board of Education (State Board) legitimately foster the Act's purpose. The court pointed to N.J.S.A. 18A:36A-8(a), which allows district charter schools to enroll students from other districts as support for its holding. Budget problems that could result from a regional charter school were perceived as not an issue for the courts.

Highland Park also raised and the Appellate Division addressed the issue whether the Commissioner of Education is required to consider the racial and financial impact of a charter school on the local school district, issues addressed and decided by the Court in the companion appeals decided today. The Supreme Court granted Highland Park's petition for certification, limited to the issues of whether the Act authorizes the creation of a regional charter school and whether the Act requires the Commissioner to consider the racial and financial impact of a charter school on the local school districts.

Held: The judgment of the Appellate Division is AFFIRMED substantially for the reasons expressed in the opinion below, except to the extent modified by the Court's decision in IMO the Grant of a Charter School Application of Englewood on the Palisades Charter School, ___ N.J. ___ (2000). Regulations that permit regional charter schools are a legitimate means of effectuating the purposes of the Charter School Program Act of 1995. The Commissioner of Education must assess the racial impact of a charter school's approval on the school district where the charter school is located and must consider the financial impact if a district makes a preliminary showing that its ability to provide a thorough and efficient education is at risk.

CHIEF JUSTICE PORITZ, JUSTICES STEIN, COLEMAN, LONG and LaVECCHIA, and JUDGES HAVEY and CARCHMAN join in the Court's opinion. JUSTICES O'HERN and VERNIERO did not participate.

SUPREME COURT OF NEW JERSEY
A- 35 September Term 1999

IN THE MATTER OF THE GRANT
OF THE CHARTER SCHOOL
APPLICATION OF THE GREATER
BRUNSWICK CHARTER SCHOOL,
MIDDLESEX COUNTY.
 
___________________________

Argued February 29, 2000 -- Decided June 28, 2000
 
On certification to the Superior Court, Appellate Division.
 
James L. Plosia, Jr., argued the cause for appellant, Highland Park Board of Education (Apruzzese, McDermott, Mastro & Murphy, attorneys; Mr. Plosia and Joseph C. DeBlasio, of counsel and on the briefs).
 
Lois H. Goodman argued the cause for respondent, Greater Brunswick Charter School (Carpenter, Bennett & Morrissey, attorneys; Ms. Goodman and Stephen F. Payerle, of counsel, Ms. Goodman, Mr. Payerle and Melissa B. Popkin, on the briefs).
 
Michelle Lyn Miller, Deputy Attorney General, argued the cause for respondent State Board of Education (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Nancy Kaplen, of counsel; John K. Worthington, Deputy Attorney General, on the briefs).
 
David G. Sciarra, Executive Director, Education Law Center argued the cause for amicus curiae Abbott plaintiffs (Mr. Sciarra and Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Sciarra, Lawrence S. Lustberg and Lori Outzs Borgen, on the brief).
 
Richard E. Shapiro submitted a brief on behalf of amicus curiae Asbury Park Board of Education.
 
John G. Geppert, Jr., submitted a letter in lieu of brief on behalf of amicus curiae Morris School District (Wiley, Malehorn and Sirota, attorneys).
 
Christopher J. Christie submitted a brief on behalf of amicus curiae New Jersey Charter Public Schools Association (Dughi and Hewit, attorneys; Mr. Christie and Gary L. Riveles on the brief).
 

PER CURIAM

We affirm the judgment below substantially for the reasons stated in the opinion of the Appellate Division, reported at ___ N.J. Super. ___ ( ), except to the extent that it is modified by our decision in the companion appeal of In the Matter of the Grant of the Charter School Application of Englewood on the Palisades Charter School, In the Matter of the Grant of the Charter School Application of the Classical Academy Charter School of Clifton, Passaic County, In the Matter of the Grant of the Charter School Application of the Franklin Charter School, Somerset County, ___ N.J. ___ (2000), also decided today.
CHIEF JUSTICE PORITZ and JUSTICES STEIN, COLEMAN, LONG, LaVECCHIA and JUDGES HAVEY and CARCHMAN join in this opinion. JUSTICES O'HERN and VERNIERO did not participate.

SUPREME COURT OF NEW JERSEY
 

NO. A-35

SEPTEMBER TERM 1999
ON APPEAL FROM
ON CERTIFICATION TO Appellate Division, Superior Court

IN THE MATTER OF THE GRANT
OF THE CHARTER SCHOOL
APPLICATION OF THE GREATER
BRUNSWICK CHARTER SCHOOL,
MIDDLESEX COUNTY.

DECIDED June 28, 2000 Chief Justice Poritz

PRESIDING
OPINION BY PER CURIAM
CONCURRING OPINION BY DISSENTING OPINION BY
CHECKLIST
AFFIRM AS MODIFIED CHIEF JUSTICE PORITZ X JUSTICE STEIN X JUSTICE COLEMAN X JUSTICE LONG X JUSTICE LaVECCHIA X JUDGE HAVEY X JUDGE CARCHMAN X TOTALS
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