N.J. Admin. Code § 6A:12-3.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 6A:12-3.1 - Choice district procedures for students meeting the eligibility requirements

(a) Choice districts shall admit choice students on a space-available basis.

1. A choice district may not impose admission criteria upon prospective choice students other than the admission criteria for a specialized educational program, pursuant to N.J.S.A. 18A:36B-20.b.

2. If a choice district receives more applications than spaces available, the choice district shall hold a public lottery to determine the selection of students for enrollment in the choice program.

i. The choice district shall notify the parent or guardian of every student who has submitted an application to participate in the choice program of the lottery's date and time.

ii. The choice district shall assign a number to each student participating in the lottery and shall notify the parent or guardian of the number assigned to their child(ren).

iii. Before conducting the lottery, the choice district may give enrollment preference to eligible siblings of choice students.

(1) If the choice district elects to give preference to eligible siblings of choice students and no spaces are available after granting permission to participate in the choice program to eligible siblings, the choice district shall conduct a lottery first for the eligible siblings only, to determine the selection of students for participation and placement on the waiting list.

(2) If the choice district elects to give preference to eligible siblings of choice students and no spaces are available after granting permission to participate in the choice program to eligible siblings, the choice district shall conduct a lottery for the remaining applicants to assign them a place on the waiting list.

iv. Before conducting the lottery, the choice district may give enrollment preference to resident students who moved out of the choice district and want to remain enrolled in the choice district as choice students.

(1) If the choice district elects to give enrollment preference to resident students who moved out of the choice district and want to remain enrolled in the choice district as choice students and no spaces are available, and the choice district elects to give preference to eligible siblings of choice students, the choice district shall conduct a lottery first for the eligible siblings, pursuant to (a)2iii above, and second for the resident students, pursuant to (a)2iv above, to determine the selection of students for participation and placement on the waiting list.

v. Before conducting the lottery, a choice district in a receiving relationship with a sending choice district may give enrollment preference to a choice student currently enrolled in its sending choice district who reaches the terminal grade and applies for secondary school in that receiving choice district.

(1) If the receiving choice district elects to give enrollment preference to a choice student, pursuant to (a)2v above, and no spaces are available, and the choice district elects to give preference to eligible siblings of choice students, the receiving choice district shall conduct a lottery first for the eligible siblings pursuant to (a)2iii above, and second for students eligible pursuant to (a)2iv and v above.

vi. The choice district shall develop a waiting list based on the lottery results.

N.J. Admin. Code § 6A:12-3.1

Recodified from N.J.A.C. 6A:12-4.1 and amended by R.2004 d.376, effective 10/4/2004.
See: 36 N.J.R. 2593(a), 36 N.J.R. 4443(a).
Rewrote (a). Former N.J.A.C. 6A:12-3.1, Sending district procedures, recodified to N.J.A.C. 6A:12-4.1.
Repeal and New Rule, R.2012 d.197, effective 12/17/2012.
See: 44 N.J.R. 2085(a), 44 N.J.R. 3064(a).
Section was "Choice program application procedures for a district board of education".

Amended and recodified from 6A:12-4.2 by 56 N.J.R. 1970(c), effective 10/7/2024