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Ch. 22-3.2 Student Residency

Ch. 22-3.2 Student Residency. Protecting Children During Family Crises. Overview of the Law. N.J.S.A. 18A:38-1.1 (P.L. 2013 c.231) Districts must continue to enroll and transport students who move during the academic year when the move is the result of a family crisis.

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Ch. 22-3.2 Student Residency

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  1. Ch. 22-3.2 Student Residency Protecting Children During Family Crises

  2. Overview of the Law • N.J.S.A. 18A:38-1.1 (P.L. 2013 c.231) • Districts must continue to enroll and transport students who move during the academic year when the move is the result of a family crisis. • Districts will be reimbursed for the additional costs of transporting the student. • The State Board must adopt regulations that include examples of “family crises” in addition to the two provided in the law.

  3. Eligibility Criteria • Student moves during the academic year or while attending a summer school program. • The move results from a family crisis (examples): • Abuse such as domestic violence or sexual abuse; • Move due to an uninhabitable home (fire, flood, etc.); or • Disruption of family unit caused by death of parent or guardian. • This law does not apply to students in the following groups, since they are covered by current law: • Students covered under the Federal McKinney-Vento Homelessness Assistance Act; • Students placed in resource homes; and • Students in domestic violence shelters.

  4. Determining Eligibility • Parent and district agree the student is eligible • Parent notifies district and the district requests confirmation from the executive county superintendent (ECS) that student is eligible. • If the ECS determines the student is not eligible, the district may not apply for transportation reimbursement and may terminate the student’s enrollment. • Parent applies, but district finds the student ineligible • District notifies parent they are ineligible but may appeal to the executive county superintendent (ECS) within 21 days. • If parent appeals, the ECS has 30 days to issue a decision. • If the ECS finds the student ineligible, the district may assess the parent or guardian the transportation costs incurred during the period of ineligible attendance.

  5. Cost Reimbursement • The district applies to the executive county superintendent (ECS) at the end of the fiscal year. • The ECS reviews application & sends eligible costs to DOE, Division of Administration & Finance. • To be eligible, districts must document that the costs: • Are for students who are required to be transported (remote from school; no reimbursement for courtesy busing) • Result from the district’s use of the most efficient and cost-effective means available. • The Division of Administration & Finance will reimburse the district for the eligible costs less the amount of transportation aid already received for the student.

  6. Additional rules • Decisions by the ECS may be appealed to the Commissioner. • If the Commissioner determines the student is ineligible, his/her decision must specify who is responsible for the transportation costs incurred during the appeal process. • Nothing in this law prevents districts from admitting students without payment of tuition (per N.J.S.A. 18A:38-3).

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