N.J. Admin. Code § 6A:23A-19.2

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

Section 6A:23A-19.2 - Method of determining the district of residence

(a) The district of residence for school funding purposes shall be determined according to the following criteria:

1. The "present district of residence" of a child in a residential State facility, pursuant to the definition of "resident enrollment" at N.J.S.A. 18A:7F-45 and referred to at N.J.S.A. 18A:7B-12.b, means the New Jersey district of residence of the child's parent(s) or guardian(s) as of the last school day prior to October 16.

2. The "present district of residence" of a child placed by a State agency in a group home, skill development home, approved private school for students with disabilities, or out-of-State facility, also referred to at N.J.S.A. 18A:7B-12.b, means the New Jersey district of residence of the child's parent(s) or guardian(s) as of the date of the child's most recent placement by the State agency. In subsequent school years spent in the educational placement made by a State agency, the child's "present district of residence" shall be determined in the same manner as for a child in a residential State facility as set forth at (a)1 above.

3. If the State becomes the child's legal guardian after the date of the child's initial placement by a State agency, or if the child has resided in a domestic violence shelter, homeless shelter, or transitional living facility located outside the district of residence for more than one year, the State will assume financial responsibility for the child's educational costs in subsequent school years.

(b) The Commissioner, or the Commissioner's designee, shall determine the "present district of residence" or "district of residence" referred to at N.J.S.A. 18A:7B-12.b based upon the address submitted by the Department of Corrections, the Department of Children and Families, or the Juvenile Justice Commission on forms prepared by the Department of Education.

(c) The Department shall notify the district board of education of the determination of the district of residence. To prevent a lapse in the child's education and/or child study services, the district board of education shall be bound by the determination unless and until it is reversed on redetermination or appeal pursuant to (e) and (f) below.

(d) A district board of education contesting the Department's determination of district of residence shall submit to the Division of Finance and Business Services, a written notification of the dispute within 30 days of the receipt of a final notice that a child was determined to be a resident of the school district for purposes of State funding. As part of this written notice, the following information shall be submitted:

1. A written statement detailing the effort of the district board of education to verify the determination of the Department;

2. Written rationale for rejecting the Department's determination; and

3. Any additional information the district board of education has obtained that might enable redetermination of the district of residence.

(e) The Division of Finance and Business Services shall attempt to resolve the dispute administratively and shall notify the district board of education whether a redetermination of district of residence will be made within 90 days of the receipt of written notification that a dispute exists.

(f) A district board of education may initiate a formal proceeding before the Commissioner to resolve such a dispute if the Division of Finance and Business Services is unable to resolve a dispute within the 90-day time limit, by filing a Petition of Appeal with the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

(g) In accordance with N.J.S.A. 18A:7B-12, the district of residence for a homeless child whose parent(s) or guardian(s) temporarily moves from one school district to another is the school district in which the parent(s) or guardian(s) last resided prior to becoming homeless. This school district shall be designated as the district of residence until the parent(s) or guardian(s) establishes a domicile in a new school district in accordance with N.J.S.A. 18A:38-1.d and, unless the child lives in one of the dwellings set forth at (a)3 above, the new school district shall become the district of residence pursuant to N.J.S.A. 18A:38-1.d.

N.J. Admin. Code § 6A:23A-19.2

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

Amended by 56 N.J.R. 2166(a), effective 11/4/2024