R 5111  ELIGIBILITY OF RESIDENT/NONRESIDENT STUDENTS 
A.    	Definitions - N.J.A.C. 6A:22-1.2 
1.     	“Affidavit student” means a student attending, or seeking to attend, 	school in a district pursuant to N.J.S.A. 18A:38-1.b and N.J.A.C. 		6A:22-3.2(a).
 
2.     	“Appeal” means contested case proceedings before the 			Commissioner of Education pursuant to N.J.A.C. 6A:3, 			Controversies and Disputes.
 
3.     	“Applicant” means a parent, guardian, or a resident supporting an 		affidavit student who seeks to enroll a student in a school district; 		or an unaccompanied homeless youth or adult student who seeks to 	enroll in a school district.
 
4.     	“Commissioner” means the Commissioner of Education or their 		designee.
 
5.     	“Guardian” means a person to whom a court of competent 			jurisdiction has awarded guardianship or custody of a child, 		provided that a residential custody order shall entitle a child to 		attend school in the residential custodian’s school district unless it 		can be proven that the child does not actually live with the 			custodian.  “Guardian” also means the Department of Children and 	Families for purposes of N.J.S.A. 18A:38-1.e.
 
B.    	Students Domiciled in the District – N.J.A.C. 6A:22-3.1
 
1.     	A student over five and under twenty years of age pursuant to 		N.J.S.A. 18A:38-1, or such younger or older student as is 			otherwise entitled by law to a free public education, is eligible to 		attend school in this school district if the student is domiciled 		within the district:
 
a.     	A student is domiciled in the school district when the 		student is the child of a parent or guardian whose domicile 		is located within the school district.
 
(1)    	When a student’s parents or guardians are domiciled 	within different school districts and there is no court 	order or written agreement between the parents 		designating the school district of attendance, the 		student’s domicile is the school district of the parent 	or guardian with whom the student lives for 	the 		majority of the school year.  N.J.A.C. 			6A:22-3.1(a)1. and B.1.a. above shall apply 			regardless of which parent has legal custody.
 
(2)    	When a student’s physical custody is shared on an 		equal-time, alternating week/month, or other similar 	basis so the student is not living with one parent or 		guardian for a majority of the school year and there 		is no court order or written agreement between the 		parents designating the school district of attendance, 	the student’s domicile is the present domicile of the 		parent or guardian with whom the student resided 		on the last school day prior to October 16 preceding 	the application date.
 
(a)    	When a student resided with both parents or 		guardians, or with neither parent or 			guardian, on the last school day prior to the 		preceding October 16, the student’s domicile 	is the domicile of the parent or guardian 		with whom the parents or guardians indicate 	the student will be residing on the last 		school day prior to the ensuing October 16.  		When the parents or guardians do not 		designate or cannot agree upon the student’s 		likely residence as of that date, or if on that 		date the student is not residing with the 		parent or guardian previously indicated, the 		student shall attend school in the school  
	district of domicile of the parent or guardian 		with whom the student actually lives as of 		the last school day prior to October 16.
 
(b)    	When the domicile of a student with 			disabilities as defined in N.J.A.C. 6A:14 		cannot be determined pursuant to N.J.A.C. 		6A:22-3.1, nothing shall preclude an 			equitable determination of shared 			responsibility for the cost of such student’s 		out-of-district placement.
 
(3)    	When a student is living with a person other than a 		parent or guardian, nothing in N.J.A.C. 6A:22-3.1 is 	intended to limit the student’s right to attend school 		in the parent or guardian’s school district of 			domicile pursuant to the provisions of N.J.A.C. 		6A:22, Policy 5111, and this Regulation.
 
(4)    	No school district shall be required to provide 		transportation for a student residing outside the 		school district for all or part of the school year 		unless transportation is based upon the home of the 		parent or guardian domiciled within the school 		district or otherwise required by law.
 
b.     	A student is domiciled in the school district when the 		student has reached the age of eighteen or is 				emancipated from the care and custody of a parent or 		guardian and has established a domicile within the school 		district.
 
c.     	A student is domiciled in the school district when the 		student has come from outside the State and is living with a 	person domiciled in the school district who will be 			applying for guardianship of the student upon expiration of 		the six-month “waiting period” of State residency required 		pursuant to N.J.S.A. 2A:34-54 (“home state” definition)
	and 2A:34-65.a(1).  However, a student may later be 		subject to removal proceedings if application for 			guardianship is not made within a reasonable period of time 	following expiration of the mandatory waiting period or if 		guardianship is applied for and denied.
 
d.     	A student is domiciled in the school district when the 		student’s parent or guardian resides within the 		school district on an all-year-round basis for one year or 		more, notwithstanding the existence of a domicile 			elsewhere.
 
e.     	A student is domiciled in the school district if the 			Department of Children and Families is acting as the 		student’s guardian and has placed the student in the school 		district.
 
2.     	When a student’s dwelling is located within two or more school 		districts, or bears a mailing address that does not reflect the 			dwelling’s physical location within a municipality, the school 		district of domicile for school attendance purposes shall be the 		municipality to which the majority of the dwelling’s or unit’s 		property tax is paid.
 
a.     	When property tax is paid in equal amounts to two or more 		municipalities, and there is no established assignment for 		students residing in the affected dwellings, the school 		district of domicile for school attendance purposes shall be 		determined through assessment of individual proofs of 		eligibility provided pursuant to N.J.A.C. 6A:22-3.4 and 		E. below.
 
b.     	N.J.A.C. 6A:22-3.1(b) and B.2. above shall not preclude 		the attendance of currently enrolled students who were 		permitted to attend the school district prior to December 17, 	2001.
 
	 	3.   	When a student’s parent or guardian elects to exercise such 					entitlement, nothing in N.J.A.C. 6A:22-3.1 shall exclude a 					student’s right to attend the school district of domicile although the 			student is qualified to attend a different school district pursuant to 				N.J.S.A. 18A:38-1.b. or the temporary residency (less than one 				year) provision of N.J.S.A. 18A:38-1.d.
 
4.   	Notwithstanding the provisions of N.J.S.A. 18A:38-1 or any other 		section of law to the contrary, a child who is domiciled within the 		school district and resides with a parent or guardian who is a 		member of the New Jersey National Guard or a member of the 		reserve component of the armed forces of the United States who is 		ordered into active military service in any of the armed forces of 		the United States in a time of war or national emergency, shall be 		permitted to remain enrolled in the school district in which the 		child is domiciled at the time of the parent or guardian being 		ordered into active military service, regardless of where the child 		resides during the period of active duty.  The school district shall 		not be responsible for providing transportation for the child if the 		child lives outside of the district. Following the return of the 		child’s parent or guardian from active military service, the child’s 		eligibility to remain enrolled in the school district pursuant to 		N.J.S.A. 18A:38-3.1 shall cease at the end of the current school 		year unless the child is domiciled in the school district.
 
C.    	Other Students Eligible to Attend School – N.J.A.C. 6A:22-3.2
 
1.     	A student over five and under twenty years of age pursuant to 		N.J.S.A. 18A:38-1, or such younger or older student as is 			otherwise entitled by law to a free public education, is eligible to 		attend school in this school district pursuant to N.J.S.A.      			18A:38-1.b. if that student is kept in the home of a person other 		than the student’s parent or guardian, and the person is domiciled 		in the school district and is supporting the student without 			remuneration as if the student were their own child.
 
a.     	A student is not eligible to attend this school district 		pursuant to N.J.A.C. 6A:22-3.2(a) and C.1. above unless:

(1)    	The student’s parent or guardian has filed, together 		with documentation to support its validity, a sworn 		statement that the parent or guardian is not capable 		of supporting or providing care for the student due 		to family or economic hardship and that the student 		is not residing with the other person solely for the 		purpose of receiving a free public education; and
 
(2)    	The person keeping the student has filed, if so 		required by the Board of Education:
 
(a)    	A sworn statement that the person is 			domiciled within the school 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 student pertaining to 		school requirements; and
 
(b)    	A copy of their lease if a tenant, a sworn 		landlord’s statement if residing as a tenant 		without a written lease, or a mortgage or tax 		bill if an owner.
 
b.     	A student shall not be deemed ineligible under N.J.A.C. 		6A:22-3.2 because required sworn statement(s) cannot be 		obtained when evidence is presented 	that the underlying 		requirements of the law are being met, notwithstanding the 		inability of the resident or student to obtain the sworn 		statement(s).
 
c.     	A student shall not be deemed ineligible under N.J.A.C. 		6A:22-3.2 when evidence is presented that the student has 		no home or possibility of school attendance other than with 		a school district resident who is not the student’s parent or 		guardian, but is acting as the sole caretaker and supporter 		of the student.
 
d.     	A student shall not be deemed ineligible under N.J.A.C. 		6A:22-3.2 solely because a parent or 	guardian gives 		occasional gifts or makes limited contributions, financial or 	otherwise, toward the student’s welfare provided the 		resident keeping the student receives 	from the parent or 		guardian no payment or other remuneration for regular 		maintenance of the student.
 
e.     	Pursuant to N.J.S.A. 18A:38-1.c., any person who 			fraudulently allows a child of another person to use their 		residence and is not the primary financial supporter of that 		child and any person who fraudulently claims to have given 	up custody of their child to a person in another school 		district commits a disorderly persons offense.
 
2.     	A student over five and under twenty years of age pursuant to 		N.J.S.A. 18A:38-1, or such younger or older student as is 			otherwise entitled by law to a free public education, is eligible to 		attend school in this school district pursuant to N.J.S.A.   			18A:38-1.b. if the student is kept in the home of a person 			domiciled in the school district, who is not the parent or guardian 		and the parent or guardian 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. 
 
a.     	Eligibility under N.J.A.C. 6A:22-3.2(b) and C.2. above 		shall cease at the end of the school year during which the 		parent or guardian returns from active military duty.
 
3.     	A student over five and under twenty years of age pursuant to 		N.J.S.A. 18A:38-1, or such younger or older student as is 			otherwise entitled by law to a free public education, is eligible to 		attend school in this school district pursuant to N.J.S.A.  			18A:38-1.d. if the student’s parent or guardian temporarily resides 		within the school district and elects to have the student attend the 		school district of temporary residence, notwithstanding the 			existence of a domicile elsewhere.

a.     	When required by the Board, the parent or guardian shall 		demonstrate the temporary residence is not solely for 		purposes of the student attending the school district of 		temporary residence;
 
b.     	When one of a student’s parents or guardians temporarily 		resides in a school district while the other is domiciled or 		temporarily resides elsewhere, eligibility to attend school 		shall be determined in accordance with N.J.A.C.        		6A:22-3.1(a)1.i.  However, no  student shall be  eligible  to 		attend school based upon a parent or guardian’s temporary 		residence in a school district unless the parent or guardian 		demonstrates, if required by the Board of Education, the 		temporary residence is not solely for purposes of a 			student’s attending the school district.
 
4.     	A student over five and under twenty years of age pursuant to 		N.J.S.A. 18A:38-1, or such younger or older student as is 			otherwise entitled by law to a free public education, is eligible to 		attend school in this school district pursuant to                     			N.J.S.A. 18A:38-1.f. if the student’s parent or guardian moves to 		another school district as the result of being homeless, subject to 		the provisions of N.J.A.C. 6A:17-2 - Education of Homeless 		Children.
 
5.     	A student over five and under twenty years of age pursuant to 		N.J.S.A. 18A:38-1, or such younger or older student as is 			otherwise entitled by law to a free public education, is eligible to 		attend school in this school district pursuant to N.J.S.A. 18A:38-2 		if the student is placed by court order or by a society, agency, or 		institution in the home of a school district resident pursuant to 		N.J.S.A. 18A:38-2.  As used in this section, “court order” shall not 		encompass orders of residential custody under which claims of 		entitlement to attend a school district are governed by provisions of 	N.J.S.A. 18A:38-1 and the applicable standards set forth in 			N.J.A.C. 6A:22.

6.     	A student over five and under twenty years of age pursuant to 		N.J.S.A. 18A:38-1, or such younger or older student as is 			otherwise entitled by law to a free public education, is eligible to 		attend school in this school district pursuant to N.J.S.A.   			18A:38-3.b. if the student previously resided in the school district 		and if the parent or guardian 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 student out of the school district.  A school 		district admitting a student pursuant to N.J.S.A. 18A:38-3.b. shall 		not be obligated for transportation costs.
 
7.     	A student over five and under twenty years of age pursuant to 		N.J.S.A. 18A:38-1, or such younger or older student as is 			otherwise entitled by law to a free public education, is eligible to 		attend the school district pursuant to N.J.S.A. 18A:38-7.7 et seq. if 		the student resides on Federal property within the State.
 
8.     	In accordance with N.J.S.A. 18A:38-1.1, a student who is not 		considered homeless under N.J.S.A. 18A:7B-12 and who moves to 	a new school district during the academic year as a result of a 		family crisis shall be permitted to remain enrolled in the original 		school district of residence for the remainder of the school year 		without the payment of tuition.  A student attending an academic 		program during the summer, who is otherwise eligible except for 		the timing of the move, shall be permitted to remain in the school 		district for the remainder of the summer program if it is considered 	an extension of the preceding academic year.
 
a.     	For purposes of N.J.A.C. 6A:22-3.2(h), Policy 5111, 		and this Regulation, “family crisis” shall include, but 		not be limited to:
	 
(1)    	An instance of abuse such as domestic violence or 		sexual abuse;
 
(2)    	A disruption to the family unit caused by death of a 		parent or guardian; or

(3)    	An unplanned displacement from the original 		residence such as fire, flood, hurricane, or other 		circumstances that render the residence 			uninhabitable. 

b.     	Upon notification of the move by the parent or guardian, 		the original school district of residence shall allow the 		student to continue attendance and shall provide 			transportation services to and from the student’s new 		domicile in accordance with N.J.S.A. 18A:39-1.  The 		original school district of residence may request from the 		parent or guardian and may review supporting 			documentation about the reason(s) for the move; however, 		any such review shall not interrupt the student’s continued 		enrollment in the school district and in the current school of 	attendance with the provision of transportation.
 
(1)    	Examples of documentation include, but are not 		limited to, newspaper articles, insurance claims, 		police or fire reports, notes from health 			professionals, custody agreements, or any other 		legal document.
 
c.     	If the parent or guardian or the relevant documentation 		indicates the child is homeless pursuant to N.J.S.A. 			18A:7B-12, the school district liaison shall assume the 		coordination of enrollment procedures pursuant to N.J.A.C. 	6A:17-2.5 and the student shall not be eligible for 			enrollment under N.J.S.A. 18A:38-1.1.
 
d.     	If the original school district of residence determines the 		situation does not meet the family crisis criteria outlined in 		C.8.a. above, the Superintendent or designee shall notify 		the parent or guardian in writing.  The notification shall 		inform the parent or guardian of their right to appeal the 		decision within twenty-one calendar days of the parent’s or 		guardian’s receipt of the notification, and shall state that if 		such appeal is denied, the parent or guardian may be 		assessed the costs for 	transportation provided to the new 		residence during the period of ineligible attendance.  It 		shall also state whether the parent or guardian is required to 	withdraw the student by the end of the twenty-one day 		appeal period in the absence of an appeal.

	(1)    	The parent or guardian may appeal by submitting 			the request in writing with supporting 				documentation to the Executive County 				Superintendent of the county in which the original 			school district of residence is situated.
 
(2)    	Within thirty calendar days of receiving the request 		and documentation, the Executive County 			Superintendent shall issue a determination whether 		the situation meets the family crisis criteria at C.8.a. 	above. The original school district of residence shall 	continue to enroll the student and provide 			transportation to the current school of attendance in 		accordance with N.J.S.A. 18A:39-1 until the 		determination is issued.
 
(3)    	If the Executive County Superintendent determines 		the situation does not constitute a family crisis, the 		school district may submit to the Executive County 		Superintendent for approval the cost of 			transportation to the ineligible student’s new 		domicile.  The Executive County Superintendent 		shall certify the transportation costs to be assessed 		to the parent or guardian for the period of ineligible 		attendance.
 
e.     	When the original school district of residence determines 		the situation constitutes a family crisis pursuant to N.J.S.A. 		18A:38-1.1, the Superintendent or designee shall 			immediately notify the parent or guardian in writing.

(1)    	When the original school district of residence 		anticipates the need to apply for reimbursement of 		transportation costs, it shall send to the Executive 		County Superintendent a request and documentation 	of the family crisis for confirmation the situation 		meets the criteria at C.8.a. above.
 
(2)    	Within thirty days of receiving the school district’s 		request and documentation, the Executive County 		Superintendent shall issue a determination of 		whether the situation meets the criteria for a family 		crisis.  The original school district of residence shall 	continue to enroll the student and provide 			transportation to the current school of attendance in 		accordance with N.J.S.A. 18A:39-1 until the 		determination is issued, and shall not be reimbursed 	for additional transportation costs unless the 			Executive County Superintendent determines the 		situation is a family crisis or as directed by the 		Commissioner upon appeal.
 
f.      	In providing transportation to students under N.J.S.A. 		18A:38-1.1, the Board shall use the most efficient and   		cost-effective means available and in conformance with all 		laws governing student transportation.
 
g.     	At the conclusion of the fiscal year in which the Executive 		County Superintendent has determined the situation 			constitutes a family crisis, the original school district of 		residence may apply to the Executive County 			Superintendent for a reimbursement of eligible costs for 		transportation services.
 
(1)    	Eligible costs shall include transportation for 		students who are required to be transported pursuant 	to N.J.S.A. 18A:39-1.

(2)    	The school district shall provide documentation of 		the transportation costs for the eligible student(s) to 		the Executive County Superintendent who shall 		review and forward the information to the New 		Jersey Department of Education’s Office of School 		Facilities and Finance for reimbursement 			payment(s) to the school district.
 
(3)    	Payment to the school district shall be made in the 		subsequent fiscal year and shall equal the approved 		cost less the amount of transportation aid received 		for the student(s). 
 
h.    	Nothing in N.J.A.C. 6A:22-3.2 shall prevent a parent or 		school district from appealing the Executive County 		Superintendent’s decision(s) to the Commissioner in 		accordance with N.J.A.C. 6A:3-1.3.  If the Commissioner 		of Education determines the situation is not a family crisis, 		their decision shall state which of the following shall pay 		the transportation costs incurred during the appeal 			process:  the State, school district, or parent.
 
D.    	Housing and Immigration Status – N.J.A.C. 6A:22-3.3
 
1.     	A student’s eligibility to attend school shall not be affected by the 		physical condition of an applicant’s housing or their compliance 		with local housing ordinances or terms of lease.
 
2.     	Except as set forth in D.2.a. below, immigration/visa status shall 		not affect eligibility to attend school.  Any student over five and 		under twenty years of age pursuant to N.J.S.A. 18A:38-1, or such 		younger or older student as is otherwise entitled by law to a free 		public education, who is domiciled in the school district or 			otherwise eligible to attend school in the district pursuant to 		N.J.A.C. 6A:22-3.2 and C. above shall be enrolled without regard 		to, or inquiry concerning, immigration status.
 
a.     	However, the provisions of N.J.S.A. 18A:38-1 and 			N.J.A.C. 6A:22 shall not apply to students who have 		obtained, or are seeking to obtain, a Certificate of 			Eligibility for Nonimmigrant Student Status (INS          		Form I-20) from the school district in order to apply to the 		INS for issuance of a visa for the purpose of limited study 		on a tuition basis in a United States public secondary 		school  (“F-1” Visa).
 
3.     	F-1 Visa Students
 
The school district is not required to, but may permit the attendance of F-1 Visa students into the school district only with the payment of full tuition and a signed tuition contract.  The district may require advance payment of full tuition before providing the requested I-20 Form, in accordance with the provisions of Federal regulation 8 CFR 214.3.  A F-1 Visa is granted to a foreign student through an application process that must include, but is not limited to, signed approval by the receiving school district exhibiting the receiving school district will accept the foreign student for enrollment and the foreign student’s proof of financial means to pay the full tuition to the receiving school district for the academic year.  The host family must be domiciled in the school district and shall submit a request to the Superintendent of Schools with documentation as determined by the Superintendent or designee.  A student with a F-1 Visa must be approved by the Board for attendance in the school district.  The student’s continued attendance in the school district shall be conditioned on a satisfactory attendance and disciplinary record.
 
4.     	J-1 Visa Students
 
The school district is not required to, but may permit the attendance of J-1 Visa students into the school district.  The host family must be domiciled in the school district and shall submit a request to the Superintendent of Schools with documentation as determined by the Superintendent or designee.  A student with a J-1 Visa must be approved by the Board for attendance in the school district and shall not pay tuition.  The student’s continued attendance in the school district shall be conditioned on a satisfactory attendance and disciplinary record.
 
E.  	Proof of Eligibility – N.J.A.C. 6A:22-3.4
 
1.     	The Board of Education shall accept a combination of any of the 		following or similar forms of documentation from persons 			attempting to demonstrate a student’s eligibility for enrollment in 		the school 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 to support the student;
 
e.     	Medical reports; counselor or social worker assessments; 		employment documents; unemployment claims; benefit 		statements; and other evidence of circumstances 			demonstrating family or economic hardship, or temporary 		residency;
 
f.      	Affidavits, certifications and sworn attestations pertaining 		to statutory criteria for school attendance, from the parent, 		guardian, person keeping an “affidavit student,” adult 		student, 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 Board may accept forms of documentation not listed in 		N.J.A.C. 6A:22-3.4(a) and E.1. above, and shall not 	exclude from 		consideration any documentation or information presented by an 		applicant.
 
3.     	The Board 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 or subset 		of documents without regard to other evidence presented.
 
4.     	The Board shall not condition enrollment on the receipt of 			information or documents protected from disclosure by law, or 		pertaining to criteria that are not a legitimate basis for 			determining eligibility to attend school.  They include, but are not 		limited to:
 
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) and D.2. above;
 
c.     	Documentation or information relating to compliance with 		local housing ordinances or conditions of tenancy; and
 
d.     	Social security numbers.
 
5.     	The Board may consider, in a manner consistent with 			Federal law, documents or information referenced in N.J.A.C. 		6A:22-3.4(d) and E.4. above, or pertinent parts thereof if 			voluntarily disclosed by the applicant.  However, the Board may 		not, directly or indirectly, require or request such disclosure as an 		actual or implied condition of enrollment.
 
6.     	In the case of a dispute between the school district and the parents 		of a student in regard to a student’s eligibility to enroll in the 		school district or to remain enrolled in the school district pursuant 		to the provisions of N.J.S.A. 18A:38-1, the school district may 		request from the New Jersey Motor Vehicle Commission 			(NJMVC) the parent or guardian’s name and address for use in 		verifying a student’s eligibility for enrollment in the school district.  	The NJMVC shall disclose to a school district the information 		requested in accordance with procedures established by the 			NJMVC.  However, the school district shall not condition 			enrollment in the district on immigration status or on the fact that 		the NJMVC does not have the name or address of the parent on 		file.
 
F.  	Registration Forms and Procedures for Initial Assessment – N.J.A.C. 		6A:22-4.1
 
1.     	The Board of Education shall use Commissioner-provided 			registration forms pursuant to N.J.A.C. 6A:22-4.1(a), or locally 		developed forms that:

a.     	Are consistent with the Commissioner-provided forms;
 
b.     	Do not seek information prohibited by N.J.A.C. 6A:22-4 or 	any other provision of statute or rule;
 
c.     	Summarize, for the applicant’s reference, the criteria for 		attendance set forth in N.J.S.A. 18A:38-1, and specify the 		nature and form of any sworn statement(s) to be filed;
 
d.     	Clearly state the purpose for which the requested 			information is being sought in relation to the criteria; and
 
e.     	Notify applicants that an initial eligibility determination is 		subject to a more thorough review and evaluation, and that 		an assessment of tuition is possible if an initially admitted 		applicant is later found ineligible.
 
2.     	The Board shall make available sufficient numbers of 			registration forms and trained registration staff to ensure prompt 		eligibility determinations and enrollment.  Enrollment applications 		may be taken by appointment, but appointments shall be promptly 		scheduled and shall not unduly defer a student’s attendance at 		school.
a.     	If the school district uses separate forms for affidavit 		student applications rather than a single application form 		for all types of enrollment, affidavit student forms shall 		comply in all respects with N.J.A.C. 6A:22-4.1(a) and G.1. 		above.  When affidavit student forms are used, the school 		district shall provide them to any person attempting to 		register a student of whom they are not the parent or 		guardian, even if not specifically requested.
 
(1)    	The Board or its agents shall not demand or suggest 		that guardianship or custody must be obtained 		before enrollment will be considered for a student 		living with a person other than the parent or 			guardian since such student may qualify as an 		affidavit student.
 
(2)    	The Board or its agents shall not demand or suggest 		that an applicant seeking to enroll a student of 		whom the applicant has guardianship or custody 		produce affidavit student proofs.
 
b.     	A district-level administrator designated by the 			Superintendent shall be clearly identified to applicants and 		available to assist persons who experience difficulties with 		the enrollment process.
 
3.     	Initial eligibility determinations shall be made upon presentation of 	an enrollment application, and enrollment shall take place 			immediately except in cases of clear, uncontested denials.
 
a.     	Enrollment shall take place immediately when an applicant 		has provided incomplete, unclear, or questionable 			information, but the applicant shall be notified that the 		student will be removed from the school district 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 and G. below.
 
b.     	When a student appears ineligible based on information 		provided in the initial application, the school district shall 		issue a preliminary written notice of ineligibility, 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 school 	district’s determination and intent to appeal to the 			Commissioner.
 
(1)    	An applicant whose student is enrolled pursuant to 		N.J.A.C. 6A:22-4.1(c)2.i. and F.3.b. above shall be 		notified that the student 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.     	When enrollment is denied and no intent to appeal is indicated, 		applicants shall be advised they shall comply with compulsory 		education laws.  When the student is between the ages of six and 		sixteen, applicants also shall be asked to complete a written 		statement indicating the student will be attending school in another 	school district or nonpublic school, or receiving instruction 			elsewhere than at a school pursuant to N.J.S.A. 18A:38-25.  In the 		absence of the applicant’s written statement that the student 		will be attending school in another school district or nonpublic 		school, or receiving instruction elsewhere than at a school, 			designated staff shall report to the school district of actual domicile 	or residence, or the Department of Children and Families, a 		potential instance of “neglect” for purposes of ensuring compliance 	with compulsory education laws, N.J.S.A. 9:6-1.  Staff shall 		provide the school district or the Department of Children and 		Families with the student’s name, the name(s) of the 			parent/guardian/resident, and the student’s address to the extent 		known.  Staff shall also indicate admission to the school district 		has been denied based on residency or domicile, and there is no 		evidence of intent to arrange for the child to attend school or 		receive instruction elsewhere.
 		5.     	Enrollment or attendance in the school district shall not be 					conditioned on advance payment of tuition in whole or part when 				enrollment is denied and an intent to appeal is indicated, or when 				enrollment is provisional and subject to further review or 					information.
 
6.     	The Board shall ensure the registration process identifies 			information suggesting an applicant may be homeless so 			procedures may be implemented in accordance with N.J.A.C. 		6A:17-2 - Education of Homeless Children.
 
7.     	Enrollment or attendance in the school district shall not be denied 		based upon absence of a certified copy of the student’s birth 		certificate or other proof of their identity as required within thirty 		days of initial enrollment, pursuant to N.J.S.A. 18A:36-25.1.

8.     	Enrollment in the school district shall not be denied based upon 		the absence of student medical information.  However, actual 		attendance at school may be deferred until the student complies 		with student immunization rules set forth in N.J.A.C. 8:57-4.
 
9.     	When enrollment in the school district, attendance at school, or the 	receipt of educational services in the regular education program 		appears inappropriate, the student shall not be denied based upon 		the absence of a student’s prior educational record.  However, the 		applicant shall be advised the student’s initial educational 			placement may be subject to revision upon the school district’s 		receipt of records or further assessment of the student.
 
G. 	Notices of Ineligibility – N.J.A.C. 6A:22-4.2
 
1.     	When a student is found ineligible to attend the school district 		pursuant to N.J.A.C. 6A:22, Policy 5111, and this Regulation or 		the student’s initial application is found to be deficient upon 		subsequent review or investigation, the school district shall 			immediately provide notice to the applicant that is consistent with 		Commissioner-provided sample form(s) and meets the 			requirements of N.J.A.C. 6A:22-4.2 and F. above and H. below. 

a.     	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:
 
(1)    	The description shall be sufficient to allow the 		applicant to understand the basis for the decision 		and determine whether to appeal; and

(2)    	The description shall identify the specific 			subsection 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 still must be 			provided before a final eligibility status can be attained 		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 		notice date, along with an informational document provided 	by the Commissioner describing how to file an appeal;
 
d.     	A clear statement of the student’s right to attend school for 		the twenty-one day period during which an appeal can be 		made to the Commissioner.  It also shall state the student 		will not be permitted to attend school beyond the       		twenty-first day following the notice date if missing 		information is not provided or an appeal is not filed;
 
e.     	A clear statement of the student’s right to continue 			attending school while an appeal to the Commissioner is 		pending;
 
f.      	A clear statement that, if an appeal is filed with the 			Commissioner and the applicant does not sustain the 		burden of demonstrating the student’s right to attend the 		school district, or the applicant withdraws the appeal, fails 		to prosecute or abandons the appeal by 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, J.2. and J.3. below, 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 student’s move from the 		school district, the notice of ineligibility shall also 		provide information as to whether district Policy 		permits continued attendance, with or without 		tuition, for students who move from the school 		district during the school year.
 
h.     	The name of a contact person in the school district who can 	assist in explaining the notice’s contents; and
 
i.      	When no appeal is filed, notice that the parent or guardian 		shall still comply with compulsory education laws.  In the 		absence of a written statement from the parent or guardian 		that the student will be attending school in another school 		district or non-public school, or receiving instruction 		elsewhere than at a school, school district staff shall notify 		the school district of actual domicile/residence, or the 		Department of Children and Families, of a potential 			instance of “neglect” pursuant to N.J.S.A. 9:6-1.  For 		purposes of facilitating enforcement of the State 			compulsory education requirement (N.J.S.A. 18A:38-25), 		staff shall provide the student’s name, the name(s) of the 		parent/guardian/resident, address to the extent known, 		denial of admission based on residency or domicile, and 		absence of evidence of intent to attend school or receive 		instruction elsewhere.
 
H.   	Removal of Currently Enrolled Students – N.J.A.C. 6A:22-4.3
 
1.     	Nothing in N.J.A.C. 6A:22-4, Policy 5111, and this Regulation 		shall preclude the Board of Education from identifying through 		further investigation or periodic requests for revalidation of 		eligibility, students enrolled in the school district who may be 		ineligible for continued attendance due to error in initial 			assessment, changed circumstances, or newly discovered 			information.
 
2.     	When a student who is enrolled and attending school based on an 		initial eligibility determination is later determined to be ineligible 		for continued attendance, the Superintendent may apply to the 		Board for the student’s removal.

a.     	The Superintendent shall issue a preliminary notice of 		ineligibility meeting the requirements of N.J.A.C.  			6A:22-4.2 and G. above.  However, the notice shall also 		provide for a hearing before the Board prior to a final 		decision on removal.
 
3.     	No student shall be removed from school unless the parent, 			guardian, adult student, or resident keeping an affidavit student, 		has been informed of their entitlement to a hearing before the 		Board.
 
4.     	Once the hearing is held, or if the parent, guardian, adult student, 		or resident keeping an affidavit student, does not respond within 		the designated time frame to the Superintendent’s notice or appear 		for the hearing, the Board shall make a prompt determination of 		the student’s eligibility and shall immediately provide notice in 		accordance with N.J.A.C. 6A:22-4.2 and G.	above.
 
5.     	Hearings required pursuant to N.J.A.C. 6A:22-4.3 may be 			conducted by the full Board or a Board committee, at the discretion 	of the full Board.  If the hearing is conducted by a Board 			Committee, the Committee shall make a recommendation to 		the full Board for action.  However, no student shall 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.
 
I.    	Appeal to the Commissioner – N.J.A.C. 6A:22-5.1
 
1.     	An applicant may appeal to the Commissioner of Education a 		school district determination that a student is ineligible to attend its 	schools.  Appeals shall be initiated by petition, which shall be filed 	in accordance with N.J.S.A. 18A:38-1 and N.J.A.C. 6A:3-8.1 and 		shall proceed as a contested case pursuant to N.J.A.C. 6A:3. 
 
a.     	Pursuant to N.J.S.A. 18A:38-1.b.(1), appeals of affidavit 		student ineligibility determinations shall be filed by the 		resident keeping the student.
 
J.  	Assessment and Calculation of Tuition – N.J.A.C. 6A:22-6
 
1.     	If no appeal to the Commissioner is filed by the parent, guardian, 		adult student, or school district resident keeping an affidavit 		student following notice of an ineligibility determination, the 		Board of Education may assess tuition for up to one year of a 		student’s ineligible attendance, including the twenty-one day 		period provided by N.J.S.A. 18A:38-1 for appeal to the 			Commissioner.
 
a.     	If the responsible party does not pay the tuition assessment, 	the Board may petition the Commissioner pursuant to 		N.J.A.C. 6A:3 for an order assessing tuition, enforceable in 		accordance with N.J.S.A. 2A:58-10 through 	recording, 		upon request of the Board pursuant to N.J.A.C. 6A:3-12, on 	the judgment docket of the Superior Court, Law Division.
 
2.     	If an appeal to the Commissioner is filed by the parent, guardian, 		adult student, or school district resident keeping an “affidavit” 		student and the petitioner does not sustain the burden of 			demonstrating the student’s right to attend the school district, or 		the petitioner withdraws the appeal, fails to prosecute, or abandons 		the appeal by any means other than settlement agreeing to waive or 	reduce tuition, the Commissioner may assess tuition for the period 		during which the hearing and decision on appeal were pending, 		and for up to one year of a student’s ineligible attendance in a 		school district prior to the appeal’s filing and including the 			twenty-one day period to file an appeal.
 
a.     	Upon the Commissioner’s finding that an appeal has been 		abandoned, the Board may remove the student from school 		and seek tuition for up to one year of ineligible attendance 		pursuant to N.J.A.C. 6A:22-6.1(a) and J.1. above plus the 		period of ineligible attendance after the appeal was filed.  If 	the record of the appeal includes a calculation reflecting the 	tuition rate(s) for the year(s) at issue, the per diem tuition 		rate for the current year and the date on which the student’s 		ineligible attendance began, the Commissioner may order 		payment of tuition as part of their decision.  In doing so, the 	Commissioner shall consider whether the ineligible 			attendance was due to the school district’s error.  If the 		record does not include such a calculation and the Board 		has filed a counterclaim for tuition, the counterclaim shall 		proceed to a hearing notwithstanding that the petition has 		been abandoned.
 
b.     	An order of the Commissioner assessing tuition is 			enforceable through recording, upon request of the Board 		pursuant to N.J.A.C. 6A:3-12, on the judgment docket of 		the Superior Court, Law Division, in 	accordance with 		N.J.S.A. 2A:58-10.
 
3.     	Tuition assessed pursuant to the provisions of N.J.A.C. 6A:22-6 		shall be calculated on a per-student basis for the period of a 		student’s ineligible enrollment, up to one year, by applicable 		grade/program category and consistent with the provisions of 		N.J.A.C. 6A:23A-17.1.  The individual student’s record of daily 		attendance shall not affect the calculation.
 
4.     	Nothing in N.J.A.C. 6A:22, Policy 5111, and this Regulation 		shall preclude an equitable determination by the Board or the 		Commissioner that tuition shall not be assessed for all or part of 		any period of a student’s ineligible attendance in the school district 	when the particular circumstances of a matter so warrant.  In 		making the determination, the Board or Commissioner shall 		consider whether the ineligible attendance was due to the school 		district’s error.

Date Issued: 12/16/02
Date Revised:  11/21/05, 9/20/10, 10/18/16, 9/15/20, 12/19/23
Date Adopted: 4/30/19