Policy
M
5111 ELIGIBILITY OF RESIDENT/NONRESIDENT PUPILS
The Glen
Ridge Board of Education Shall admit to its schools, free of charge, persons
over five and under twenty years of age, pursuant to N.J.S.A. 18A:38-1, or such
younger or older pupil as is otherwise entitled by law to a free public
education.
Eligibility
to Attend School
The Board
shall admit pupils eligible to attend school free of charge
that are domiciled within the district as defined in N.J.A.C. 6A:22-3.1
et seq.
The Board
shall also admit any pupil that is kept in the home of a person other than the
pupil’s parent(s) or legal guardian(s), where the person is domiciled in the
school district and is supporting the pupil without remuneration as if the pupil
were his or her own child in accordance with N.J.A.C. 6A:22-3.2 et seq. A pupil is only eligible to attend school in
the district pursuant to this provision if the pupil’s parent(s) or legal
guardian(s) files, together with documentation to support its validity, a sworn
statement that he or she is not capable of supporting or providing care for the
pupil due to family or economic hardship and the pupil is not residing with the
other person solely for the purpose of receiving a free public education. In addition, the person keeping the pupil
must file, if so required by the district, a sworn statement that he or she: is
domiciled within the district; is supporting the child without remuneration and
intends to do so for a time longer than the school term; will assume all
personal obligations for the pupil relative to school requirements; and a copy
of his or her lease if a tenant, or a sworn landlord’s statement if residing as
a tenant without a written lease. Pursuant to N.J.S.A. 18A:38-1(c), any person
who fraudulently allows a child of another person to use his or her residence
and is not the primary financial supporter of that child; and any person who
fraudulently claims to have given up custody of his or her child to a person in
another district commits a disorderly persons offense.
A pupil
is eligible to attend school free of charge if the pupil is kept in the home of
a person domiciled in the district, other than the parent(s) or legal
guardian(s), where the parent(s) or legal guardian(s) 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 time of war or national
emergency. Eligibility under this
provision shall cease at the end of the current school year upon the parent(s)
or legal guardian(s) return from active military duty.
A pupil
is eligible to attend school free of charge if the pupil’s parent(s) or legal
guardian(s) temporarily resides within the district, notwithstanding the existence
of a domicile elsewhere. When required
by the district, the parent(s) or legal guardian(s) shall demonstrate that such
temporary residence is not solely for purposes of a pupil attending school
within the district of temporary residence.
Where one of a pupil’s parents temporarily resides in the district while
the other is domiciled or temporarily resides elsewhere, eligibility to attend
school will be determined in accordance with the criteria of N.J.A.C. 6A:22-3.1(a)1.i. However, no pupil shall be eligible to attend
school based upon a parent’s temporary residence in a district unless the
parent(s) or legal guardian(s) demonstrates, when required by the district, that
such temporary residence is not solely for purposes of a pupil attending school
within the district.
A pupil
is eligible to attend school free of charge:
1. If the
pupil’s parent(s) or legal guardian(s) moves to another district as the result
of being homeless, subject to the provisions of N.J.A.C. 6A:71-2 - Education of
Homeless Children;
2. If the
pupil is placed in the home of a district resident by court order pursuant to
N.J.S.A. 18A:38-2;
3. If the
pupil had previously resided in the district and if the parent(s) or legal
guardian(s) 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 pupil out of the district,
pursuant to N.J.S.A. 18A:38-3(b); and
4. If the
pupil resides on federal property within the State pursuant to N.J.S.A.
18A:38-7.7 et seq.
The
physical condition of an applicant’s housing, an applicant’s compliance with
local housing ordinances, or terms of lease shall not affect eligibility to
attend school.
A pupil’s
immigration/visa status and their eligibility to attend school shall be in
accordance with N.J.A.C. 6A:22-3.3(b).
Proof of
Eligibility
The
district shall accept forms of documentation from persons attempting to
demonstrate a pupil’s eligibility for enrollment in the district in accordance
with N.J.A.C. 6A:22-3.4 et seq. The
district shall consider the totality of information and documentation offered
by an applicant, and shall not deny enrollment based on failure to provide a
particular form of documentation, or a particular subset of documents, without
regard to other evidence presented.
The
district shall not require or request any information or document protected
from disclosure by law, or pertaining to criteria that are not a legitimate
basis for determining eligibility to attend school. However, these protected documents or
information, or pertinent parts thereof, may be voluntarily disclosed by the
person(s) seeking enrollment in the district.
However, the district may not directly or indirectly, require or request
such disclosure as a condition of enrollment.
Initial
Assessment and Enrollment
Registration,
initial determinations of eligibility, and enrollment
will be in accordance with N.J.A.C. 6A:22-4.1 et seq. The district shall use registration forms provided
by the Commissioner of Education or locally developed forms that are consistent
with the forms provided by the Commissioner.
A district level school administrator designated by the Superintendent
will be available, and clearly identified to applicants, to assist persons who
are experiencing difficulties with the registration/enrollment process.
Initial
determinations of eligibility shall be made upon presentation of an application
for enrollment and enrollment shall take place immediately in all cases except
those of clear, uncontested denials.
Where an applicant has provided incomplete, unclear or questionable
information, enrollment shall take place immediately, but the applicant will be
placed on notice that removal will result if defects in the application are not
corrected, or an appeal is not filed, in accordance with subsequent notice to
be provided pursuant to N.J.A.C. 6A:22-4.2 et seq.
Where an
applicant appears ineligible based on the information provided in the initial
application, a preliminary written notice of ineligibility shall be provided,
including an explanation of the right to appeal to the Commissioner of
Education. Enrollment shall take place
immediately if the applicant clearly indicates disagreement with the district’s
determination and an intent to appeal to the
Commissioner. A pupil enrolled pursuant
to this provision shall be notified that he or she will be removed, without a
hearing before the Board, if no appeal is filed within the twenty-one day
period established by N.J.S.A. 18A:38-1.
Where
enrollment is denied and no intent to appeal is indicated, applicants shall be
advised that they shall comply with compulsory education laws. In this case, the parent(s) or legal
guardian(s) shall, where the pupil is between the ages of six and sixteen, be
asked to complete a written statement that the pupil will be attending school
in another district, attending a nonpublic school, or receiving instruction
elsewhere than at a school pursuant to N.J.S.A. 18A:38-25. In the event this written statement is not
provided, the district level administrator designated by the Superintendent, shall
notify the school district of actual domicile or residence, or the Division of
Youth and Family Services based on “neglect” pursuant to N.J.S.A. 9:6-1, with
the pupil’s name, the name(s) of the parent/guardian/resident, address to the
extent known, denial of admission to the district based on residency or
domicile, and absence of evidence of intent to attend school or receive
instruction elsewhere, for purposes of ensuring compliance with such laws.
Enrollment
or attendance in the district shall not be denied based upon absence of the
certified copy of birth certificate or other proof of a pupil’s identity
required within thirty days of initial enrollment pursuant to N.J.S.A.
18A:36-25.1.
Enrollment
in the district shall not be denied based upon absence of pupil medical
information, although actual attendance at school may be deferred as
necessitated by compliance with rules regarding immunization of pupils,
N.J.A.C. 8:57-4.1 et seq.
Enrollment
in the district, attendance at school, or educational services where attendance
in the regular education program appears inappropriate, shall not be denied
based upon absence of a pupil’s prior educational record. However, the applicant shall be advised that
the initial educational placement of the pupil may be subject to revision upon
receipt of records or further assessment of the pupil by the district.
Notice of
Ineligibility
If the
district finds the applicant ineligible to attend the schools of the district
pursuant to N.J.A.C. 6A:22-1.1 et seq., or the application initially submitted
is found to be deficient upon subsequent review or investigation, notice shall
immediately be provided to the applicant consistent with sample form(s) to be
provided by the Commissioner. Notices shall
be in writing, in English and in the native language of the applicant, issued
by the Superintendent and directed to the address at which the applicant claims
to reside. The Notice of Ineligibility
shall be provided and shall include information as required in accordance with
N.J.A.C. 6A:22-4.2 et seq.
Removal
of Currently Enrolled Pupils
Nothing
in N.J.A.C. 6A:22-4.3 et seq. and this policy shall preclude the Board from
seeking to identify, through further investigation or periodic requests for
current validation of previously determined eligibility status, pupils enrolled
in the district who may be ineligible for continued attendance due to error in
initial assessment, changed circumstances or newly discovered information.
When a
pupil, enrolled and attending school in the district based on an initial
determination of eligibility, is later determined to be ineligible for
continued attendance, the Superintendent may apply to the Board for removal of
the pupil in accordance with N.J.A.C. 6A:22-4.3(b). No pupil shall be removed from school unless
the parent, legal guardian, adult pupil or resident keeping an "affidavit
pupil" (as defined in N.J.A.C. 6A:22-1.2) as the case may be, has been
informed of his or her entitlement to a hearing before the Board of
Education. Once the hearing is held, or
if the parent, legal guardian, adult pupil or resident keeping an
"affidavit pupil", as the case may be, does not respond to the
Superintendent’s notice within the designated time frame or appear for the
hearing, the Board shall make a prompt determination of the pupil’s eligibility
or ineligibility and shall immediately provide notice thereof in accordance
with the requirements of N.J.A.C. 6A:22-4.2 et seq. The hearings required pursuant to N.J.A.C. 6A:22-4.3
et seq. may be conducted by the full Board or a Board Committee, at the
discretion of the full Board. If the
hearing(s) is conducted by a Board Committee, the Committee shall make a
recommendation to the full Board for action.
No pupil may be removed except by vote of the Board taken at a meeting
duly convened and conducted pursuant to N.J.S.A. 10:4-6 et seq., the Open
Public Meetings Act.
Appeal to
the Commissioner
The
district’s determination that a pupil is ineligible to attend the schools of
the district may be appealed to the Commissioner by the parent, legal guardian,
adult pupil or resident keeping an "affidavit pupil", as the case may
be. Such appeals shall proceed in accordance with N.J.S.A. 18A:38-1 and
N.J.A.C. 6A:3-8.1 et seq. Appeals of
"affidavit pupil" eligibility determinations must be filed by the
resident keeping the pupil.
Assessment
and Calculation of Tuition
If no
appeal to the Commissioner is filed following notice of a determination of
ineligibility, the Board may assess tuition for any period of a pupil’s
ineligible attendance, including the twenty-one day period provided by N.J.S.A.
18A:38-1 for appeal to the Commissioner.
Tuition will be assessed and calculated in accordance with N.J.A.C. 6A:22-6.3
et seq. The district may obtain an order of the Commissioner of Education for
tuition, enforceable pursuant to N.J.S.A. 2A:58-10, through recording on the
judgment docket of the Superior Court, Law Division by filing a petition of
appeal pursuant to N.J.A.C. 6A:3.
Nonresident
Pupils
The
admission of a nonresident child to school free of charge must be approved by
the Board. No child otherwise eligible
shall be denied admission on the basis of the child’s race, color, creed,
religion, national origin, ancestry, age, marital status, affectational
or sexual orientation or sex, social or economic status, or disability. The continued enrollment of any nonresident
pupil shall be contingent upon the pupil’s maintenance of good standards of
citizenship and discipline.
Children
who Anticipate Moving To or From the District
A
nonresident child otherwise eligible for attendance whose parent(s) or legal
guardian(s) anticipates district residency and has entered a contract to buy or
build a residence in this district may be enrolled with payment of tuition for
a period of time not greater than 3 months prior to the anticipated date or
residency. If any such pupil does not
become a resident of the district within 3 months after admission to school,
tuition will be charged for attendance until such time as the pupil becomes a
resident, withdraws from school, or is withdrawn from school due to
non-residence.
Pupils
whose parent(s) or legal guardian(s) have moved away from the school district
on or after the start of the school year may be considered for tuition student
status and must apply for admittance. Regularly
enrolled children whose parent(s) or legal guardian(s) have moved out of the
school district during the final marking period shall be permitted to finish
the school year without payment of tuition.
Twelfth
grade pupils whose parent(s) or legal guardian(s) have moved away from the
school district on or after the start of school year will be permitted to
finish the school year in this district without payment of tuition.
Children
of Nonresident Staff Members
Children
of nonresident employees of the Board may be enrolled in the schools of this
district with payment of tuition as per a fee schedule to be established by the
Board. Admission of children of
nonresident employees of the Board shall be subject to availability of space
and approval of the Board for each applicant.
No child of a nonresident employee of the Board shall be admitted to a
section in grades Pre-Kindergarten through six if such section already contains
twenty-three or more children of residents of this district. When a child of a nonresident employee is
eligible, under the provisions of this policy, for admission into one or more
sections in grade Pre-
Kindergarten
through six, such child shall be admitted to the section with the smallest
enrollment.
Other
Nonresident Pupils
Other
nonresident pupils may be admitted to this district on payment of tuition and
availability of space. The
Superintendent shall develop procedures for the enrollment of nonresident
children which admit such children only on the proper application of parent(s)
or legal guardian(s); verify claims of residency and submission of affidavits
of guardianship; deny admission where the educational program maintained for
the children of this district is inadequate to meet the needs of the applicant;
do not exclude any child, otherwise eligible, on the basis of such child’s
race, color, creed, national origin, affectional or
sexual orientation, atypical hereditary cellular or blood trait of any
individual or ancestry; and make continued enrollment of any nonresident pupil
contingent upon maintaining good standards of citizenship and discipline.
When a
child must either relocate to or from this district because his/her parent(s)
or legal guardian(s) is a member of the New Jersey National Guard or a member
of the reserve component of the armed forces of the United States and has been
ordered into active service, the child shall be eligible to attend the schools
of this district without paying tuition.
The district shall not be responsible for transporting the child.
The
Superintendent or his/her designee shall recommend to the Board for its
approval the admission of qualified applicants.
The Board
shall not be responsible for the transportation to or from school of any
nonresident pupils.
The Board
shall annually determine tuition rates for nonresident pupils.
Tuition
of nonresident pupils shall be payable in equal quarterly installments in
advance of the entrance of the pupil, and on the first day of each quarter of
the school year thereafter. Bills shall
be rendered to the parent or guardian ten days or more prior to the date on
which the installment covered by the bill (excepting the entrance installment)
shall be payable. In default of payment,
the pupil shall be excluded from all instruction and other school activities,
and if such default continues for more than ten days, the pupil shall be dropped
from the school register.
No
rebates or refunds on account of attendance for less than a full quarter shall
be made except by special resolution of the Board upon the recommendation of
the Superintendent.
As part
of the application process, all nonresident candidates for grade two through
twelve must submit an achievement test battery to be evaluated as part of the
criteria for admission and student transcripts.
Tuition candidates for Pre-Kindergarten, Kindergarten, and Grade one
will be screened by the administration.
The Superintendent will in consultation with the administrative staff,
develop entrance criteria for each educational level. Building Principals will be responsible for
insuring that all tuition students meet the entrance criteria.
N.J.S.A.18A:38-1
et seq.
N.J.A.C.
6A:14-3.3; 6A:17-2.1 et seq.; 6A:28-2.1 et seq.
Adopted:
Revised: 5 December 2005