N.J. Admin. Code § 6A:22-3.1

Current through Register Vol. 56, No. 8, April 15, 2024

Section 6A:22-3.1 - Students domiciled within the school district

(a) A student is eligible to attend a school district if he or she is domiciled within the school district.

1. A student is domiciled in the school district when he or she is the child of a parent or guardian whose domicile is located within the school district.

i. When a student's parents or guardians are domiciled within different school districts and there is no court order or written agreement between the parents designating the school district of attendance, the student's domicile is the school district of the parent or guardian with whom the student lives for the majority of the school year. This subparagraph shall apply regardless of which parent has legal custody.

ii. When a student's physical custody is shared on an equal-time, alternating week/month or other similar basis so the student is not living with one parent or guardian for a majority of the school year and there is no court order or written agreement between the parents designating the school district of attendance, the student's domicile is the present domicile of the parent or guardian with whom the student resided on the last school day prior to the October 16 preceding the application date.

(1) When a student resided with both parents or guardians, or with neither parent or guardian, on the last school day prior to the preceding October 16, the student's domicile is that of the parent or guardian with whom the parents or guardians indicate the student will be residing on the last school day prior to the ensuing October 16. When the parents or guardians do not designate or cannot agree upon the student's likely residence as of that date, or if on that date the student is not residing with the parent or guardian previously indicated, the student shall attend school in the school district of domicile of the parent or guardian with whom the student actually lives as of the last school day prior to October 16.

(2) When the domicile of a student with disabilities as defined in N.J.A.C. 6A:14, Special Education, cannot be determined pursuant to this section, nothing in this section shall preclude an equitable determination of shared responsibility for the cost of the student's out-of-district placement.

iii. When a student is living with a person other than a parent or guardian, nothing in this section is intended to limit the student's right to attend school in the parent or guardian's school district of domicile pursuant to this chapter.

iv. No school district shall be required to provide transportation for a student who resides outside the school district for all or part of the school year unless transportation is based upon the home of the parent or guardian domiciled within the school district or otherwise required by law.

2. A student is domiciled in the school district when he or she has reached the age of 18 or is emancipated from the care and custody of a parent or guardian and has established a domicile within the school district.

3. A student is domiciled in the school district when he or she has come from outside the State and is living with a person domiciled in the school district who will be applying for guardianship of the student upon expiration of the six-month "waiting period" of State residency required pursuant to 2A:34-54 ("home state" definition) and 65.a(1). However, a student may later be subject to removal proceedings if application for guardianship is not made within a reasonable period of time following expiration of the mandatory waiting period, or if guardianship is applied for and denied.

4. A student is domiciled in the school district when his or her parent or guardian resides within the school district on an all-year-round basis for one year or more, notwithstanding the existence of a domicile elsewhere.

5. A student is domiciled in the school district if the Department of Children and Families is acting as the student's guardian and has placed the student in the school district.

(b) When a student's dwelling is located within two or more school districts, or bears a mailing address that does not reflect the dwelling's physical location within a municipality, the school district of domicile for school attendance purposes shall be the municipality to which the majority of the dwelling's or unit's property tax is paid.

1. When property tax is paid in equal amounts to two or more municipalities and there is no established assignment for students residing in the affected dwellings, the school district of domicile for school attendance purposes shall be determined through assessment of individual proofs of eligibility provided pursuant to 6A:22-3.4.

2. This provision shall not preclude the attendance of currently enrolled students who were permitted to attend the school district prior to December 17, 2001.

(c) When a student's parent or guardian elects to exercise such entitlement, nothing in this section shall exclude a student's right to attend the school district of domicile although the student is qualified to attend a different school district pursuant to 18A:38-1.b or the temporary residency (less than one year) provision of 18A:38-1.d.

N.J. Admin. Code § 6A:22-3.1

Recodified in part from N.J.A.C. 6A:28-2.4 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
In (a), substituted "any student domiciled within the school district who is" for "the following persons"; inserted "school" preceding "district" throughout; redesignated paragraphs throughout; in new (a)2, inserted "has reached the age of 18 or" preceding "emancipated" and deleted "independently" preceding "established a permanent"; added (b)2.
Administrative correction.
See: 37 N.J.R. 2675(a).
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Rewrote (a) and the introductory paragraph of (b); and added (c).
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the section.