In re the Grant of a Charter to the Merit Preparatory Charter School

88 A.3d 208, 435 N.J. Super. 273, 2014 WL 1375039, 199 L.R.R.M. (BNA) 3117, 2014 N.J. Super. LEXIS 51
CourtNew Jersey Superior Court Appellate Division
DecidedApril 9, 2014
StatusPublished
Cited by9 cases

This text of 88 A.3d 208 (In re the Grant of a Charter to the Merit Preparatory Charter School) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Grant of a Charter to the Merit Preparatory Charter School, 88 A.3d 208, 435 N.J. Super. 273, 2014 WL 1375039, 199 L.R.R.M. (BNA) 3117, 2014 N.J. Super. LEXIS 51 (N.J. Ct. App. 2014).

Opinion

The opinion of the court was delivered by

ASHRAFI, J.A.D.

Appellant the New Jersey Education Association (“NJEA”) appeals from the grant of charters by the New Jersey Commissioner of Education to the Merit Preparatory Charter School of Newark and the Newark Preparatory Charter School. NJEA expresses concern for the diversion of public funds and resources from traditional public schools, and it contends the Legislature authorized charters only for traditional “brick-and-mortar” schools, not ones that use online teaching methodology. Merit Prep and Newark Prep, however, are not online internet schools. They use a “blended” teaching methodology that combines in-person, face-to-face teaching and online instruction by means of [277]*277internet materials. They teach their students in school buildings during a traditional school day and under the supervision of a teaching staff. We affirm the Commissioner’s decisions.

The Charter School Program Act of 1995 authorizes the establishment of charter schools in New Jersey. N.J.S.A. 18A:36A-1 to -18. “A charter school [is] a public school operated under a charter granted by the commissioner, which is operated independently of a local board of education and is managed by a board of trustees.” N.J.S.A. 18A:36A-3(a). Charter schools are funded by taxes collected from the public that would otherwise fund traditional public education. See N.J.S.A. 18A:36A-12.

The application requirements and review process for schools seeking charters are governed by various provisions of the Charter School Act and implementing regulations. See, e.g., N.J.S.A 18A:36A-4, -4.1, -5; N.J.A.C. 6A:11-2.1. The statutes and regulations do not contain specific directives on how the Commissioner must evaluate charter applications, but the Act includes findings and declarations reciting the Legislature’s general goals and objectives in authorizing charter schools. N.J.S.A 18A-.36A-2. The Legislature intended to provide “a mechanism for the implementation of a variety of educational approaches which may not be available in the traditional public school classroom,” and to “encourage the use of different and innovative learning methods.” Ibid. The Act empowers the Commissioner with “final authority to grant or reject a charter application.” N.J.S.A 18A:36A-4(c).

Merit Prep and Newark Prep applied for charters to establish schools that use a blended model of teaching and learning. The applications of both schools proposed teaching the New Jersey Core Curriculum Content Standards (“NJCCCS” or “core curriculum”) partly by online instruction. Both schools would require student and teacher attendance in a physical building, and the online teaching would be facilitated by in-person instructors.

Merit Prep described its methodology as utilizing computers in the classroom as “a virtual textbook/workbook ... used to determine student progress in real time.” “Each of the nine [core [278]*278curriculum] content standards [would] be taught by a teacher and heavily reinforced with online exercises and assessments.” Approximately half the eight-hour school day would be conducted in face-to-face instruction with certified teachers.

Newark Prep’s application stated that “[e]very student will receive a fully differentiated educational experience supported by self-paced learning.” It described use of an innovative blended learning methodology that would combine online, project-based, and experiential learning. “Master Teachers” would monitor specific core curriculum subject areas and track each student’s self-paced progress and problems in the use of the online programs. Teachers and tutors would “pull out students for extra attention as individuals and/or in groups” and conduct “face time sessions.” Newark Prep also planned for teacher-led instruction in small groups of students, fewer than fifteen at a time.

Thus, Merit Prep and Newark Prep did not propose “virtual” schools, where all teaching content would be online and attendance in a school building would not be required.

NJEA and other groups objected to the granting of charters to the two schools on the ground that their online teaching method is not authorized by the Charter School Act. The Commissioner rejected their objections and granted the charters. NJEA asks us to reverse the Commissioner’s decisions. We previously denied NJEA’s application for a stay of the charters, and the two schools have been operating since the 2012-13 school year.

The Commissioner argues that NJEA does not have standing to challenge his grant of the charters. He contends N.J.S.A 18A:36A-4(d) limits the right to appeal his decision to grant or deny a charter only to the applicant and the local school board. See also N.J.A.C. 6A: 11-2.5 (“An eligible applicant for a charter school, a charter school, or a district board of education or State district superintendent of the district of residence of a charter school may file an appeal according to N.J.S.A 18A:6-9.1.”). The Commissioner contends the Act was not intended to create a [279]*279private right of action by anyone who opposes the granting of a charter.

“Standing is a threshold requirement for justiciability” of a cause of action seeking a court’s intervention and judgment. See Watkins v. Resorts Int’l Hotel & Casino, 124 N.J. 398, 421, 591 A.2d 592 (1991). In New Jersey, courts take “a liberal approach to standing to seek review of administrative actions.” In re Camden Cnty., 170 N.J. 439, 448, 790 A.2d 158 (2002). A party has standing to challenge an administrative agency’s decision when the party has “a sufficient stake in the outcome of the litigation, a real adverseness with respect to the subject matter, and a substantial likelihood that the party will suffer harm in the event of an unfavorable decision.” Id. at 449, 790 A.2d 158; accord In re Issuance of Access Conforming Lot Permit, 417 N.J.Super. 115, 126, 8 A.3d 820 (App.Div.2010). But when an issue involves a “great public interest, any slight additional private interest will be sufficient to afford standing.” Salorio v. Glaser, 82 N.J. 482, 491, 414 A.2d 943 (internal quotation marks omitted), cert. denied, 449 U.S. 804, 101 S.Ct. 49, 66 L.Ed.2d 7 (1980); see also People for Open Gov’t v. Roberts, 397 N.J.Super. 502, 510, 938 A.2d 158 (App.Div.2008) (“[I]t takes but slight private interest, added to and harmonizing with the public interest to support standing to sue.” (quoting Hudson Bergen Cnty. Retail Liquor Stores Ass’n v. Bd. of Comm’rs of Hoboken, 135 N.J.L. 502, 510, 52 A.2d 668 (E. & A.1947))).

Here, NJEA is a collective bargaining organization of teachers and other educators. It claims its members, as well as their students, will be deprived of public funding for traditional public schools if online teaching methodology is funded by public tax dollars.

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88 A.3d 208, 435 N.J. Super. 273, 2014 WL 1375039, 199 L.R.R.M. (BNA) 3117, 2014 N.J. Super. LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-grant-of-a-charter-to-the-merit-preparatory-charter-school-njsuperctappdiv-2014.