Regulation Glen Ridge Board of Education
M
R5111 ELIGIBILITY OF RESIDENT/NON-RESIDENT PUPILS
A. Definitions
1. "Affidavit pupil" means a pupil
attending, or seeking to attend, school pursuant to N.J.S.A. 18A:38-1(b)and N.J.A.C. 6A:22-3.1(a)2.
2. "Commissioner" means the Commissioner
of Education or his/her designee.
3. “Parent” means the natural or adoptive parent,
legal guardian, foster parent, surrogate parent, and person acting in the place
of a parent such as the person with whom the child legally resides or a person
legally responsible for the child’s welfare.
B. Eligibility to Attend School - Pupils Domiciled
in the District
1. A pupil 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, is eligible by law to a free public
education, is eligible to attend school in this school district if the pupil is
domiciled within the district:
a. A pupil is domiciled in the district when he or
she is living with a parent(s) or legal guardian(s) whose permanent home is
located within the district. A home is
permanent when the parent(s) or legal guardian(s) intends to return to it when
absent and has no present intent of moving from it, notwithstanding the
existence of homes or residences elsewhere.
(1) Where a pupil’s parent(s) or legal guardian(s)
are domiciled within different districts, and where there is no court order or
written agreement between the parent(s) or legal guardian(s) designating the
district for school attendance, the pupil’s domicile is the district of the
parent with whom the pupil lives for the majority of the school year,
regardless of which parent has legal custody.
(2) Where a
pupil’s physical custody is shared on an equal-time, alternating week/month or
other similar basis such that the pupil is not living with one parent for a majority
of the school year, and where there is no court order or written agreement
between the parents designating the district for school attendance, the pupil’s
domicile is the present domicile of the parent with whom the pupil resided on
the last school day prior to October 16 preceding the date of the application.
(a) If a
pupil resided with both parents, or with neither parent, on the last school day
prior to the preceding October 16, the pupil’s domicile is the domicile of the
parent with whom the parents indicate the pupil will be residing on the last
school day prior to the ensuing October 16.
Where the parents do not designate, or cannot agree upon, the pupil’s
likely residence as of that date, or if on that date the pupil is not residing
with the parent previously indicated, the pupil will attend school in the
district where the parent with whom the pupil is actually living as of the last
school day prior to October 16 is domiciled.
(b) The
district shall not be required to provide transportation for a pupil residing
outside the district for part of the school year, other than that based upon
the home of the parent domiciled within the district to the extent required by
law, as a result of being the district of domicile for school attendance
purposes pursuant to the provisions of this section.
b. A pupil is domiciled in the district when he or
she has reached the age of eighteen or is emancipated from the care and custody
of a parent or legal guardian and has established a permanent home within the
district. A home is permanent when the
pupil intends to return to it when absent and has no present intent of moving
from it, notwithstanding the existence of homes or residences elsewhere.
c. A pupil is domiciled in the district when the
pupil has come from outside the state and is living with a person domiciled in
the district who will be applying for legal guardianship of the pupil upon expiration
of the six-month "waiting period" of State residency required
pursuant to N.J.S.A. 2A:34-30(e) and N.J.S.A. 2A:34-31. However, any such pupil may later be subject
to removal proceedings if application for legal guardianship is not made within
a reasonable period of time following expiration of the mandatory waiting
period.
d. A pupil is domiciled in the district when his or
her parent(s) or legal guardian(s) resides within the district on an
all-year-round basis for one year or more, notwithstanding the existence of a
domicile elsewhere.
e. A pupil is domiciled in the district if the
Division of Youth and Family Services in the Department of Human Services is
acting as the pupil’s legal guardian and has placed the pupil in the district.
2. When a pupil’s dwelling is located within two or
more local school districts, or bears a mailing address that does not reflect
the dwelling’s physical location within a municipality, the district of
domicile for school attendance purposes will be that of the municipality to
which the resident pays the majority of his or her property tax, or to which
the majority of property tax for the dwelling in question is paid by the owner
of a multi-unit dwelling.
a. Where property tax is paid in equal amounts to
two or more municipalities, and where there is no established assignment for
pupils residing in the affected dwellings, the district of domicile for school
attendance purposes will be determined through assessment of individual proofs
as provided pursuant to N.J.A.C. 6A:22-3.4 et seq. This provision shall not preclude the
attendance of currently enrolled pupils who were permitted to attend school in
the district prior to the provision’s initial promulgation on
C. Eligibility to Attend School - Other Pupils
Eligible to Attend School
1. A pupil is entitled by law to a free public
education in the district if that pupil 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;
a. A pupil is not eligible to attend school in this
district pursuant to this provision unless:
(1) The pupil’s parent(s) or legal guardian(s) has filed,
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 that the pupil is not residing with the other
person solely for the purpose of receiving a free public education; and
(2) The person keeping the pupil has filed, when
required by the district:
(a) 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 longer time than the school term, and will assume all personal
obligations for the pupil relative to school requirements; and
(b) 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.
b. A pupil shall not be deemed ineligible under this
section because required sworn statements(s) cannot be obtained, where evidence
is presented that the underlying requirements of the law are being met
notwithstanding the inability of the resident or pupil to obtain the sworn
statement(s).
c. A pupil shall not be deemed ineligible under this
section where evidence is presented that the pupil has no home or possibility
of school attendance other than with a non-parent district resident who is
acting as the sole caretaker and supporter of the pupil.
d. A pupil shall not be deemed ineligible under this
section solely because a parent(s) or legal guardian(s) gives gifts or makes limited
contributions, financial or otherwise, toward the welfare of the pupil,
provided that the resident keeping the pupil receives no payment or other
remuneration from the parent(s) or legal guardian(s) for regular maintenance of
the pupil.
2. A pupil is entitled by law to a free public
education in the district 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 the United States armed forces 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.
3. A pupil is entitled by law to a free public
education in the district if the pupil’s parent(s) or legal guardian(s)
temporarily resides within the district, notwithstanding the existence of a
domicile elsewhere:
a. The parent or legal guardian, when required by
the district, shall demonstrate that such temporary residence is not solely for
purposes of a pupil’s attending school within the district of temporary
residence;
b. 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 N.J.A.C.
6A:22-3.1(a)1i. 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’s attending school within the
district.
4. A pupil is entitled by law to a free public
education in the district:
a. 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:17-2, Education of Homeless Children;
b. If the pupil is placed in the home of a district
resident by court order pursuant to N.J.S.A. 18A:38-2;
c. If the pupil previously residing in the district
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 pursuant to N.J.S.A. 18A:38-3(b); and
d. If the pupil resides on federal property within
the State pursuant to N.J.S.A. 18A:38-7.7 et seq.
D. Housing and Immigration Status
1. The physical condition of an applicant’s housing,
or an applicant’s compliance with local housing ordinances or terms of lease
will not affect eligibility to attend school.
2. Immigration/visa status shall not affect
eligibility to attend school for a pupil who is domiciled in the district or
otherwise eligible to attend school in the district pursuant to N.J.A.C.
6:22-3.2 and the pupil shall be enrolled without regard to, or inquiry
concerning, immigration status. However, the provisions of N.J.S.A. 18A:38-1
shall not apply to pupils who have obtained or are seeking to obtain a
Certification of Eligibility for Nonimmigrant Status (
3. F-1 Visa
Pupils - The district will accept F-1 Visa pupils into the district with the
payment of tuition with a tuition contract to be signed before the district
will provide the requested I-20 form. (Board of Education has discretion to
waive tuition.)
E. Nothing in
Policy and Regulation 5111 or N.J.A.C. 6A;22-1.1 et seq. will be construed to
limit the discretion of the Board to admit nonresident pupils, or the ability
of a nonresident pupil to attend school with or without payment of tuition,
with the consent of the district Board pursuant to N.J.S.A. 18A:38-3(a).
F. Proof of Eligibility
1. The district shall accept a combination of any of
the following or similar forms of documentation from persons attempting to
demonstrate a pupil’s eligibility for enrollment in the district:
a. Property tax bills, deeds, contracts of sale,
leases, mortgages, signed letters from landlords and other evidence of property
ownership, tenancy or residency;
b. Voter registrations, licenses, permits, financial
account information, utility bills, delivery receipts, and other evidence of
personal attachment to a particular location;
c. Court orders, State agency agreements and other
evidence of court or agency placements or directives;
d. Receipts, bills, cancelled checks, insurance
claims or payments, and other evidence of expenditures demonstrating personal
attachment to a particular location, or, where applicable, to support of the
pupil;
e. Medical reports, counselor or social worker
assessments, employment documents, unemployment claims, benefit statements, and
other evidence of circumstances demonstrating, where applicable, family or
economic hardship, or temporary residency;
f. Affidavits, certifications and sworn attestations
pertaining to statutory criteria for school attendance, from the parent, legal
guardian, person keeping an "affidavit pupil," adult pupil, person(s)
with whom a family is living, or others as appropriate;
g. Documents pertaining to military status and
assignment; and
h. Any other business record or document issued by a
governmental entity.
2. The district may accept forms of documentation
not listed above, and shall not exclude from consideration any documentation or
information presented by a person seeking to enroll a pupil.
3. 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.
4. The district shall not require or request, as a
condition of enrollment in school, any information or document protected from
disclosure by law, or pertaining to criteria which are not legitimate bases for
determining eligibility to attend school. These include:
a. Income tax returns;
b. Documentation or information relating to
citizenship or immigration/visa status, except as set forth in N.J.A.C. 6A:22-3.3(b);
c. Documentation or information relating to
compliance with local housing ordinances or conditions of tenancy; and
d. Social security numbers.
5. Documents or information of the type referenced
in #4 above, or pertinent parts thereof, may be voluntarily disclosed by the
person seeking enrollment. However, the
district may not, directly or indirectly, require or request such disclosure as
a condition of enrollment.
G. Initial Assessment and Enrollment
1. The district shall use registration forms
provided by the Commissioner, or locally developed forms that:
a. Are consistent with the
forms provided by the Commissioner;
b. Do not seek information prohibited by any
provision of statute, Code or rule;
c. Summarize the criteria for attendance set forth
in N.J.S.A. 18A:38-1 for applicant reference, and specify the nature and form
of any sworn statements to be filed;
d. Clearly state the purpose, in relation to such
criteria, for which requested information is being sought; and
e. Provide notice to applicants that any initial determination
of eligibility is subject to a more thorough review and re-evaluation, and that
there is a potential for assessment of tuition in the event that an initially
admitted applicant is later found ineligible.
2. The district shall ensure that sufficient numbers
of registration forms, and sufficient numbers of trained registration staff,
are available to ensure prompt determinations of eligibility and enrollment.
a. If the district uses separate forms for
"affidavit pupil" applications, rather than a single form for all
types of application for enrollment, such forms shall comply in all respects
with the provisions of G.1. above. Where such forms are used, the district shall
provide them to any person attempting to register a pupil of whom he or she is
not the parent(s) or legal guardian(s), whether or not they are specifically
requested. The district shall not demand
or suggest that legal guardianship or custody shall be obtained before
enrollment will be considered for a pupil living with a person other than the
parent(s) or legal guardian(s), nor shall they demand or suggest that
"affidavit pupil" proofs be produced by an applicant seeking to
enroll a pupil of whom the applicant has legal guardianship or custody.
b. The Superintendent, Principal or district level
school administrator designated by the Superintendent shall be available, and
clearly identified to applicants, to assist persons who are experiencing
difficulties with the enrollment process.
3. 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.
a. Where an applicant has provided incomplete,
unclear or questionable information, enrollment shall take place immediately,
but the applicant shall 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.
b. Where an applicant appears ineligible based on
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.
(1) A pupil enrolled pursuant to this provision will
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.
4. Where enrollment is denied and no intent to
appeal is indicated, applicants shall be advised that they shall comply with
compulsory education laws and shall, where the pupil is between the ages of six
and sixteen, be asked to complete a written statement indicating 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 absence of this written statement from the parent or legal guardian, the
district level school 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.
5. Where enrollment is denied and an
intent to appeal is indicated, or where enrollment is provisional
subject to further review or information, enrollment or attendance at school
will not be conditioned on advance payment of tuition in whole or part.
6. The Superintendent or designee,
shall ensure that information suggesting an applicant may be homeless is
identified during the registration process, so that, where appropriate,
procedures may ensue in accordance with N.J.A.C. 6A:17-2-Education of Homeless
Children.
7. 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.
8. 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.
9. 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.
H. Notice of Ineligibility
1. 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.
2. Notices of ineligibility shall include:
a. In cases of denial, a clear description of the
specific basis on which the determination of ineligibility was made, sufficient
to allow the applicant to understand the basis for the decision and determine
whether to appeal. Such description shall
identify the specific section of N.J.S.A. 18A:38-1 under which the application
was decided;
b. In cases of provisional eligibility, a clear
description of the missing documents or information that shall be provided in
order to attain final eligibility status under the applicable provision of
N.J.S.A. 18A:38-1;
c. A clear statement of the applicant’s right to
appeal to the Commissioner of Education within twenty-one days of the date of
the notice, along with an informational document provided by the Commissioner
describing how to file an appeal;
d. A clear statement that the pupil is entitled to attend
school for the twenty-one day period during which an appeal can be made to the
Commissioner, but that, if missing information is not provided or an appeal is
not filed, the pupil shall not be permitted to attend school beyond the 21st
day following the date of the notice;
e. A clear statement that the pupil is entitled to
continue attending school during the pendency of an
appeal to the Commissioner;
f. A clear statement that, if an appeal is filed
with the Commissioner and the applicant does not sustain the burden of
demonstrating entitlement to attend the schools of the district, or the
applicant abandons the appeal through withdrawal, failure to prosecute or any
means other than settlement, the applicant may be assessed, by order of the
Commissioner enforceable in Superior Court, tuition for any period of
ineligible attendance, including the initial twenty-one day period and the
period during which the appeal was pending before the Commissioner;
g. A clear statement of the approximate rate of tuition,
pursuant to N.J.A.C. 6A:22-6.3, that an applicant may be assessed for the year
at issue if the applicant does not prevail on appeal, or elects not to appeal;
(1) If removal is based on the pupil having moved
from the district, the notice of ineligibility shall also provide information
as to whether district policy permits continued attendance, with or without
tuition, for pupils who move from the district during the course of the school
year.
h. The name of a contact person in the district who
can provide assistance in explaining the contents of the notice; and
i. Notice that, where no
appeal is filed, the parent(s) or legal guardian(s) must still comply with
compulsory education laws, and that, in the absence of a written statement from
the parent(s) or legal guardian(s) that the pupil will be attending school in
another district, attending a nonpublic school, or receiving instruction
elsewhere than at a school, the district level administrator designated by the Superintendent
shall notify the school district of actual domicile/residence, or the Division
of Youth and Family Services based on “neglect” pursuant to N.J.S.A. 9:6-1, of
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 facilitating enforcement of the State
compulsory education requirement (N.J.S.A. 18A:38-25).
I. Removal of Currently Enrolled Pupils
1. Nothing in N.J.A.C. 6A:22-1.1 et seq. and this
Regulation 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.
2. When a pupil, enrolled and attending school in
the district, is later determined to be ineligible for continued attendance, the
Superintendent may apply to the Board for removal of the pupil.
a. The Superintendent shall issue a preliminary
notice of ineligibility meeting the requirements of N.J.A.C. 6A:22-4.2. However, such notice shall also provide for a
hearing before the Board prior to a final decision on removal.
3. No pupil shall be removed from school unless the
parent, legal guardian, adult pupil or resident keeping an "affidavit
pupil," as the case may be, has been informed of his or her entitlement to
a hearing before the Board of Education.
4. 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 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.
5. Hearings required pursuant to N.J.A.C. 6A:22-4.3
et seq. may be conducted by a committee, at the discretion of the full Board,
which will 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.
J. Appeal to
the Commissioner
1. A district 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 shall be filed by the resident keeping the pupil.
K. Assessment and Calculation of Tuition
1. 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.
a. 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.
2. If an appeal to the Commissioner is filed, where
the appellant does not sustain the burden of demonstrating entitlement to attend
the schools of the district, or abandons the appeal through withdrawal, failure
to prosecute or any means other than settlement agreeing to waive or reduce
tuition, the Commissioner may order assessment tuition for any period of a
pupil’s ineligible attendance in a district, including the twenty-one day
period for filing of an appeal and the period during which the hearing and
decision on appeal were pending.
a. An order of the Commissioner is enforceable
through recording on the judgment docket of the Superior Court, Law Division,
pursuant to N.J.S.A. 2A:58-10.
3. Tuition assessed pursuant to the provisions of
this section shall be calculated on a per pupil basis for the period of a
pupil’s ineligible enrollment, by applicable grade/program category and
consistent with the provisions of N.J.A.C. 6A:23-3.1. The individual pupil’s record of daily
attendance shall not impact on such calculation.
4. Nothing in N.J.A.C. 6A:22-1.1 et seq. precludes
an equitable determination, by the Board or the Commissioner, that, when the
particular circumstances of a matter so warrant, tuition shall not be assessed
for all or part of any period of a pupil’s ineligible attendance in the
district.
Issued:
Revised: 5
December 2005