N.J. Admin. Code § 6A:22-3.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:22-3.2 - Other students eligible to attend school

(a) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-1.b if the student is kept in the home of a person other than the student's parent or guardian, and the person is domiciled in the school district and is supporting the student without remuneration as if the student were the person's own child.

1. A student is not eligible to attend a school district pursuant to this provision unless:

i. The student's parent or guardian has filed, together with documentation to support its validity, a sworn statement that the parent or guardian is not capable of supporting or providing care for the student due to family or economic hardship and the student is not residing with the other person solely for the purpose of receiving a free public education; and

ii. The person keeping the student has filed, if so required by the district board of education:

(1) A sworn statement that the person is domiciled within the school district, is supporting the child without remuneration and intends to do so for a time longer than the school term, and will assume all personal obligations for the student pertaining to school requirements; and

(2) A copy of the person's lease if a tenant, a sworn landlord's statement if residing as a tenant without written lease, or a mortgage or tax bill if an owner.

2. A student shall not be deemed ineligible pursuant to this subsection because required sworn statement(s) cannot be obtained when evidence is presented that the underlying requirements of the law are being met, notwithstanding the inability of the resident or student to obtain the sworn statement(s).

3. A student shall not be deemed ineligible pursuant to this subsection when evidence is presented that the student has no home or possibility of school attendance other than with a school district resident who is not the student's parent or guardian but is acting as the sole caretaker and supporter of the student.

4. A student shall not be deemed ineligible pursuant to this subsection solely because a parent or guardian gives occasional gifts or makes limited contributions, financial or otherwise, toward the student's welfare provided the resident keeping the student receives from the parent or guardian no payment or other remuneration for regular maintenance of the student.

5. Pursuant to N.J.S.A. 18A:38-1.c, any person who fraudulently allows a child of another person to use the person's residence and is not the primary financial supporter of the child and any person who fraudulently claims to have given up custody of their child to a person in another school district commits a disorderly persons offense.

(b) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-1.b if the student is kept in the home of a person domiciled in the school district who is not the parent or guardian and the parent or guardian is a member of the New Jersey National Guard or the reserve component of the United States armed forces and has been ordered into active military service in the United States armed forces in time of war or national emergency.

1. Eligibility pursuant to this subsection shall cease at the end of the school year during which the parent or guardian returns from active military duty.

(c) A student is eligible to attend the school district pursuant to 18A:38-1.d if the student's parent or guardian temporarily resides within the school district and elects to have the student attend the school district of temporary residence, notwithstanding the existence of a domicile elsewhere.

1. When required by the district board of education, the parent or guardian shall demonstrate the temporary residence is not solely for purposes of the student attending the school district of temporary residence;

2. When one of a student's parents or guardians temporarily resides in a school district while the other is domiciled or temporarily resides elsewhere, eligibility to attend school shall be determined in accordance with 6A:22-3.1(a)1 i. However, no student shall be eligible to attend school based upon a parent or guardian's temporary residence in a school district unless the parent or guardian demonstrates, if required by the district board of education, the temporary residence is not solely for purposes of a student's attending the school district.

(d) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-1.f if the student's parent or guardian moves to another school district as the result of being homeless, subject to the provisions at N.J.A.C. 6A:17-2, Education of Homeless Children and Youths.

(e) A student is eligible to attend the school district if the student is placed by court order or by a society, agency, or institution in the home of a school district resident pursuant to N.J.S.A. 18A:38-2. As used in this subsection, "court order" shall not encompass orders of residential custody under which claims of entitlement to attend a school district are governed by the provisions at N.J.S.A. 18A:38-1 and the applicable standards set forth in this chapter.

(f) A student is eligible to attend the school district pursuant to N.J.S.A. 18A:38-3.b and N.J.S.A. 18A:38-3.1 if the student previously resided in the school district and if the parent or guardian is a member of the New Jersey National Guard or the United States reserves and has been ordered to active service in time of war or national emergency, resulting in the relocation of the student out of the school district. A school district admitting a student pursuant to N.J.S.A. 18A:38-3.b and 18A:38-3.1 shall not be obligated for transportation costs.

(g) A student is eligible to attend the school district pursuant to 18A:38-7.7 et seq. if the student resides on Federal property within the State.

(h) In accordance with N.J.S.A. 18A:38-1.1, a student who is not considered homeless pursuant to N.J.S.A. 18A:7B-12 and who moves to a new school district during the academic year as a result of a family crisis shall be permitted to remain enrolled in the original school district of residence for the remainder of the school year without the payment of tuition. A student attending an academic program during the summer, who is otherwise eligible except for the timing of the move, shall be permitted to remain in the school district for the remainder of the summer program if it is considered an extension of the preceding academic year.

1. For purposes of this subsection, "family crisis" shall include, but not be limited to:

i. An instance of abuse such as domestic violence or sexual abuse;

ii. A disruption to the family unit caused by death of a parent or guardian; or

iii. An unplanned displacement from the original residence such as fire, flood, hurricane, or other circumstances that render the residence uninhabitable.

2. Upon notification of the move by the parent or guardian, the original school district of residence shall allow the student to continue attendance and shall provide transportation services to and from the student's new domicile in accordance with 18A:39-1. The original school district of residence may request from the parent or guardian and may review supporting documentation about the reason(s) for the move; however, any such review shall not interrupt the student's continued enrollment in the school district and in the current school of attendance with the provision of transportation.

i. Examples of documentation include, but are not limited to, newspaper articles, insurance claims, police or fire reports, notes from health professionals, custody agreements, or any other legal document.

3. If the parent or guardian or the relevant documentation indicates the child is homeless pursuant to N.J.S.A. 18A:7B-12, the school district liaison shall assume the coordination of enrollment procedures pursuant to N.J.A.C. 6A:17-2.5 and the student shall not be eligible for enrollment pursuant to N.J.S.A. 18A:38-1.1.

4. If the original school district of residence determines the situation does not meet the family crisis criteria at (h)1i, ii, and iii above, the chief school administrator, or designee, shall notify the parent or guardian in writing. The notification shall inform the parent or guardian of the parent's or guardian's right to appeal the decision within 21 calendar days of the parent's or guardian's receipt of the notification. The notification shall state that if such appeal is denied, the parent or guardian may be assessed the costs for transportation provided to the new residence during the period of ineligible attendance. The notice shall also state whether the parent or guardian is required to withdraw the student by the end of the 21-day appeal period in the absence of an appeal.

i. The parent or guardian may appeal by submitting the request in writing with supporting documentation to the executive county superintendent of the county in which the original school district of residence is situated.

ii. Within 30 calendar days of receiving the request and documentation, the executive county superintendent shall issue a determination whether the situation meets the family crisis criteria at (h)1i, ii, and iii above. The original school district of residence shall continue to enroll the student and provide transportation to the current school of attendance in accordance with N.J.S.A. 18A:39-1 until the determination is issued.

iii. If the executive county superintendent determines the situation does not constitute a family crisis, the school district may submit to the executive county superintendent for approval the cost of transportation to the ineligible student's new domicile. The executive county superintendent shall certify the transportation costs to be assessed to the parent or guardian for the period of ineligible attendance.

5. When the original school district of residence determines the situation constitutes a family crisis pursuant to N.J.S.A. 18A:38-1.1, the chief school administrator, or designee, shall immediately notify the parent or guardian in writing.

i. When the original school district of residence anticipates the need to apply for reimbursement of transportation costs, it shall send to the executive county superintendent a request and documentation of the family crisis for confirmation the situation meets the criteria set forth at (h)1i, ii, and iii above.

ii. Within 30 days of receiving the school district's request and documentation, the executive county superintendent shall issue a determination of whether the situation meets the criteria for a family crisis. The original school district of residence shall continue to enroll the student and provide transportation to the current school of attendance in accordance with 18A:39-1 until the determination is issued, and shall not be reimbursed for additional transportation costs unless the executive county superintendent determines the situation is a family crisis or as directed by the Commissioner upon appeal.

6. In providing transportation to students pursuant to N.J.S.A. 18A:38-1.1, district boards of education shall use the most efficient and cost-effective means available and in conformance with all laws governing student transportation.

7. At the conclusion of the fiscal year in which the executive county superintendent has determined the situation constitutes a family crisis, the original school district of residence may apply to the executive county superintendent for a reimbursement of eligible costs for transportation services.

i. Eligible costs shall include transportation for students who are required to be transported pursuant to 18A:39-1.

ii. School districts shall provide documentation of the transportation costs for the eligible student(s) to the executive county superintendent, who shall review and forward the information to the Department's Office of School Finance for reimbursement payment(s) to the school district.

iii. Payment to the school district shall be made in the subsequent fiscal year and shall equal the approved cost less the amount of transportation aid received for the student(s).

8. Nothing in this subsection shall prevent a parent or school district from appealing the executive county superintendent's decision(s) to the Commissioner in accordance with N.J.A.C. 6A:3-1.3. If the Commissioner determines the situation is not a family crisis, the Commissioner's decision shall state which of the following shall pay the transportation costs incurred during the appeal process: the State, school district, or parent.

(i) A district board of education may allow, by contract or district board of education policy, nonresident children of teaching staff members to enroll in the school district without the payment of tuition, pursuant to N.J.S.A. 18A:38-3.c.

N.J. Admin. Code § 6A:22-3.2

Amended by 47 N.J.R. 891(b), effective 5/4/2015.

Amended by 49 N.J.R. 1037(a), effective 5/1/2017

Amended by 56 N.J.R. 1787(a), effective 9/3/2024