N.J. Admin. Code § 6A:27-4.2

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

Section 6A:27-4.2 - Eligibility requirements

(a) Students in kindergarten through grade eight, and preschool students who meet the eligibility requirements defined at N.J.A.C. 6A:27-1.2(a), who reside remote from the choice district school they attend shall be eligible for transportation services provided that the choice district school is not more than 20 miles from the student's residence and the cost of such services does not exceed the annual maximum statutorily established amount per student for nonpublic school transportation.

1. If the cost of transportation services exceeds the annual maximum statutorily established amount for nonpublic school students as set forth in the resident district board of education notification pursuant to N.J.A.C. 6A:27-4.3(c), the parents or legal guardians may submit to their resident district board of education a written request for transportation to be provided, including agreement to make the payment required pursuant to (a)1i below. The request shall be made within seven days of the parents or legal guardians' receipt of the resident district board of education's notification of eligibility for transportation.

i. If such a request is made, the resident district board of education shall provide transportation services, and the parents or legal guardians of the choice program student shall pay to the resident district board of education the difference between the cost of transportation and the annual established maximum. Parents or legal guardians shall pay this amount in the manner prescribed by the resident district board of education.

ii. The resident district board of education shall not be required to provide transportation to the choice program student if his or her parents or legal guardians do not submit to the resident district board of education a written request for transportation services within seven days of receipt of the resident district board of education's notice of eligibility for transportation; however, the parents or legal guardians shall still be eligible for the annual maximum statutorily established amount in lieu of transportation.

2. If the resident district board of education provides aid in lieu of transportation to the parents or legal guardians, the amount shall be consistent with the amount established for nonpublic school students at N.J.S.A. 18A:39-1 and payment may be adjusted for late registration or early withdrawal.

(b) To be eligible for transportation services, students with disabilities attending a choice district school shall meet the distance requirements in (a) above or transportation must be a requirement of the student's individualized education program.

N.J. Admin. Code § 6A:27-4.2

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Rewrote (a).
Amended by R.2011 d.230, effective 9/6/2011.
See: 43 N.J.R. 769(a), 43 N.J.R. 2306(a).
In the introductory paragraph of (a), inserted ", and provided that the choice school is not more than 20 miles from the student's residence,"; and added (a)1 and (a)2.
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
Rewrote (a), (a)2, and (b).

Amended by 53 N.J.R. 163(a), effective 2/1/2021