N.J. Admin. Code § 6A:17-2.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:17-2.5 - School district enrollment

(a) The chief school administrator of the school district of residence, or the chief school administrator's designee, shall decide in which school district the homeless child or youth shall be enrolled as follows:

1. Enroll the homeless child or youth in the school district of residence to the extent feasible, except when doing so is contrary to the wishes of the homeless child's or youth's parent;

2. Continue the homeless child's or youth's education in the school district of last attendance if it is not the school district of residence; or

3. Enroll the homeless child in the school district where the child resides.

(b) The chief school administrator of the school district of residence, or the chief school administrator's designee, shall decide the school district of enrollment of a homeless child or youth based on what is determined to be in the best interest of the child or youth after considering:

1. The enrollment of the homeless child or youth in the school district of residence to the extent feasible, except when doing so is contrary to the wishes of the child's or youth's parent;

2. The continuity of the child's educational program;

3. The eligibility of the child for special instructional programs, including, but not limited to, bilingual, gifted and talented, special education, early childhood, and career and technical education programs; and

4. The distance, travel time, and safety factors in coordinating transportation services from the residence to the school.

(c) The chief school administrator of the school district of residence, or the chief school administrator's designee, shall determine the child's or youth's school district of enrollment immediately after consultation with the parent. The school district of residence shall adhere to the following procedures:

1. Enrollment decisions shall be made immediately upon notification of the need for enrollment. When the decision is made, the child or youth shall be enrolled immediately. If a dispute arises regarding enrollment of a homeless child or youth, the homeless child or youth shall be immediately enrolled in the school district in which enrollment is sought by the parent, pending resolution of the dispute pursuant to N.J.A.C. 6A:17-2.7.

2. Consultation with the parent regarding the enrollment decision and the right to appeal that decision shall be documented in writing.

3. A decision to enroll a homeless child or youth in a school district other than the school district of residence or the school district requested by the parent shall be explained in writing and provided to the parent.

(d) When a decision is made to enroll the child or youth in a school district other than the school district of residence, the chief school administrator of the school district of residence, or the chief school administrator's designee, shall forward to the new school district all relevant school and health records, consistent with the provisions at N.J.A.C. 6A:32-7.

(e) When a homeless child or youth with a disability is enrolled in a school district other than the school district of residence, the school district of enrollment shall treat the student as a transfer student pursuant to N.J.A.C. 6A:14, Special Education.

(f) When the school district of residence for a homeless child or youth cannot be determined, the chief school administrator of the school district in which the child or youth currently resides, or the chief school administrator's designee, shall enroll the child immediately in the school district of the current residence or the school district of last attendance.

(g) The school district selected pursuant to this subchapter shall immediately enroll the homeless child or youth, even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.

(h) Enrollment in the school district of residence; enrollment in the school district of last attendance, if not the school district of residence; or enrollment in the school district where the child or youth resides shall continue for the duration of homelessness, including when a family becomes homeless between academic years, and also for the remainder of the academic year if the homeless child or youth becomes permanently housed during the academic year.

N.J. Admin. Code § 6A:17-2.5

Amended by 46 N.J.R. 2033(b), effective 10/6/2014.

Amended by 54 N.J.R. 553(a), effective 4/4/2022