N.J. Admin. Code § 6A:17-2.7

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

Section 6A:17-2.7 - Disputes and appeals

(a) When a dispute occurs regarding the determination of homelessness or the determination of the school district of enrollment made by the school district of residence, the chief school administrator(s), or the chief school administrator's designee(s), of the involved school district(s) or the child's or youth's parent(s) shall immediately notify the executive county superintendent. In consultation with the Department's McKinney-Vento Homeless Education Coordinator, or the coordinator's designee, the executive county superintendent shall immediately decide the child's or youth's status. If a dispute remains between the parent and the involved school district(s) following the executive county superintendent's determination, the parent or the involved district board(s) of education may appeal to the Commissioner for determination pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

(b) When a school district designated as the school district of residence disputes its designation as the school district of residence, or where no designation can be agreed upon by the involved school districts, the chief school administrator(s), or the chief school administrator's designee(s), of the involved school districts shall immediately notify the executive county superintendent. The executive county superintendent shall make a determination immediately, if possible, but no later than within 48 hours and, when necessary, in consultation with the Department's Homeless Education Coordinator, or the Coordinator's designee.

1. If the dispute regarding determination of the school district of residence does not involve the determination of homelessness and/or school district of enrollment, the school district disputing the executive county superintendent's determination may appeal to the Department pursuant to N.J.A.C. 6A:23A-19.2(d), (e), and (f), and request a determination from the Division of Finance.

2. If an appeal of a determination of the school district of residence also includes an appeal of the determination of homelessness and/or school district of enrollment, the appeal shall be submitted to the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

(c) Any dispute or appeal shall not delay the homeless child's or youth's immediate enrollment or continued enrollment in the school district. The homeless child or youth shall be enrolled in the school district in which enrollment or continued enrollment is sought by the parent, pending resolution of the dispute or appeal.

(d) Disputes and appeals involving the services provided to a homeless child or youth with a disability shall be made pursuant to N.J.A.C. 6A:14.

N.J. Admin. Code § 6A:17-2.7

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

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