Ch. 22-3.2 Student Residency

1
Ch. 22-3.2 Student Residency

• Protecting Children During Family Crises

2
Overview of the Law

• N.J.S.A. 18A38-1.1 (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 students 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 districts 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. 18A38-3).