N.J. Admin. Code § 6A:12-3.4

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

Section 6A:12-3.4 - Sending district restrictions on student participation In the choice program

(a) The district board of education of a sending district may seek to limit the number of students participating in the choice program to a maximum of 10 percent of the number of students per grade level per year and 15 percent of the total number of students enrolled in the sending district, based on the Application for State School Aid of the year prior to the first student participating in the choice program, pursuant to N.J.S.A. 18A:36B-21.a. The district board of education of a sending district seeking to limit student participation in the choice program shall submit to the Commissioner, or the Commissioner's designee, the following documents:

1. A resolution adopted by the district board of education specifying the limit on the number of students enrolled in the school district who may participate in the choice program; and

2. Supportive documentation that may include, but is not limited to, evidence of the choice program's impact on the following:

i. The sending district's student enrollment;

ii. The sending district's student achievement;

iii. The diversity of the sending district's student population;

iv. The number or quality of programs, course offerings, or classes the sending district offers;

v. The number or quality of the services the sending district provides;

vi. The sending district's operations; and

vii. The sending district's fiscal conditions.

(b) In determining whether to grant approval of a sending district's limiting resolution, the Commissioner, or the Commissioner's designee, shall evaluate the documentation submitted pursuant to (a) above and determine, pursuant to N.J.S.A. 18A:36B-21, if the sending district has demonstrated that the limiting resolution:

1. Is in the best interest of the sending district's students;

2. Will not adversely affect the school district's programs, services, operations, or fiscal conditions; and

3. Will not adversely affect or limit the diversity of the remainder of the sending district's student population who do not participate In the choice program.

(c) If a sending district has received approval from the Commissioner, or the Commissioner's designee, to impose a limit on the number of Its students participating in the choice program, the sending district shall use this limit every year unless there is an increase of its student enrollment beyond the enrollment count used to calculate the limiting resolution pursuant to (a)l above.

1. If there is an increase of the choice district's student enrollment beyond the enrollment count used to calculate the limiting resolution pursuant to (a)l above, the sending district shall apply the choice program enrollment restriction percentages contained in the approved resolution to the enrollment counts as reported on the Application for State School Aid in October preceding the school year during which the restriction on enrollment will be applicable.

2. If the notices of student intention to participate in the choice program exceed the established limit pursuant to this section, the sending district shall:

i. Hold a public lottery to determine the selection of students for participation in the choice program;

ii. Notify the parent or guardian of every student who has submitted notice of intent to participate in the choice program of the date and time of the lottery;

iii. Assign a number to each student participating in the lottery and notify the parent or guardian of the number assigned to their child(ren); and

iv. Develop a waiting list based on the lottery.

(d) If a sending district has received approval from the Commissioner, or the Commissioner's designee, to impose a limit on the number of students participating in the choice program and the notices of student intention to participate in the choice program exceed the established limit, before conducting the lottery, the sending district may give preference to eligible siblings. If the choice district elects to give enrollment preference to eligible siblings of choice students, the sending district also shall give preference to eligible siblings. This provision shall apply only to choice students and eligible siblings who would be attending the same choice district or two choice districts that are in a send-receive relationship.

1. If there are more eligible sibling applicants than available spaces, the sending district shall conduct a lottery first for the eligible siblings only to determine the selection of students for participation and for placement on the waiting list.

2. If there are no spaces available after granting permission to participate in the choice program to eligible siblings, the sending district shall conduct a lottery for the remaining eligible sibling applicants to assign them a place on the waiting list.

(e) Prior to any lottery held according to this section, the sending district shall verify that the student is enrolled in the sending district and was reported on the Application for State School Aid in October of the current school year.

(f) Prior to any lottery that may be held according to this section, the sending district shall notify the applicants of the date and time of such lottery.

(g) The sending district shall conduct any lottery held pursuant to this section prior to the deadline established by the Commissioner, or the Commissioner's designee, for written notification to the parent or guardian regarding the student's eligibility to participate in the choice program.

N.J. Admin. Code § 6A:12-3.4

Amended and recodified from 6A:12-4.1 by 56 N.J.R. 1970(c), effective 10/7/2024