10. a. A charter school shall be physically located, and provide all instruction, in part of an existing public school building, in space provided on a public work site, in a public building, or any other suitable location in the school district in the State in which the charter school has been authorized to operate. In the case of a nonpublic school that converts to a charter school pursuant to the provisions of section 1 of P.L.2011, c.140 (C.18A:36A-4.1), the charter school may be located in the same school building in which the nonpublic school was located in the State. The facility shall be exempt from public school facility regulations, except those pertaining to the health or safety of the pupils. A charter school shall not construct a facility with public funds other than federal funds.
b. The Commissioner of Education shall deny a charter school application that proposes to operate a charter school, or provide instruction, in a physical location outside of the State.
c. The commissioner shall deny a charter school application submitted after the effective date of P.L.2025, c.277 (C.18A:36A-2.1 et al.) that proposes to operate or provide instruction primarily online.
d. This section shall not be construed to limit the ability or discretion of a teaching staff member to utilize technological tools as an aid to in-person instruction. Technological tools shall include, but not be limited to: online learning applications, educational software; third-party websites, Internet-based educational resources, online data and assessment platforms, and any other software program or application used to assist with curricular or education specific needs.
e. This section shall not be construed to limit the ability of a charter school to utilize virtual or remote instruction as permitted pursuant to Title 18A of the New Jersey Statutes or State Board of Education regulations.
f. The Department of Education, in consultation with school districts throughout the State, shall maintain and publish on its Internet website a searchable list of all public school facilities that have been closed, are unused, unoccupied, or advertised for sale or for lease.