New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 12 - INTERDISTRICT PUBLIC SCHOOL CHOICE
Subchapter 4 - CHOICE STUDENT ADMISSIONS
Section 6A:12-4.1 - Sending district procedures

Universal Citation: NJ Admin Code 6A:12-4.1

Current through Register Vol. 56, No. 6, March 18, 2024

(a) A sending district may not restrict the participation of its students in the choice program where the district's students provide written notice of intent to apply to a specialized educational program that is offered by the choice district and not offered in the sending district.

(b) The calculation of the enrollment of a sending district shall be based on the enrollment count as reported on the Application for State School Aid in October preceding the school year during which the restriction on enrollment shall be applicable.

1. Students from the sending district who are already enrolled in and attending a school choice program shall not be included in the newly calculated number of students eligible to attend a school choice district.

2. When the multiplication of the grade level enrollment by the percentage established in the sending district's resolution adopted pursuant to 18A:36B-21.a(1) results in a number with a decimal, the number will be rounded to the next whole number.

3. The sending district's resolution restricting its students' participation may not be applied to the final grade level available in the sending district.

(c) Where a district board of education of a sending district has adopted a resolution pursuant to 18A:36B-21.a(1) to impose a limit on the number of its students participating in the choice program pursuant to this subsection, and when the student notices of intention to participate in the choice program exceed that limit, the sending district shall:

1. Hold a public lottery to determine the selection of students for participation in the choice program;

2. Notify the parent or guardian of every student who has submitted notice of intent to participate in the choice program of the date and time of the lottery;

3. Assign a number to each student participating in the lottery and notify the parent or guardian of the number assigned to their child(ren); and

4. Develop a waiting list based on the lottery.

(d) Where a district board of education of a sending district has adopted a resolution to impose a limit on the number of its students participating in the choice program pursuant to this subsection, and when the student notices of intention to participate in the choice program exceed that limit, before conducting the lottery, the sending district may give preference to siblings of its resident students already enrolled in and attending the choice district.

1. In the event that the sending district elects to give preference to siblings of its resident students already enrolled in and attending the choice district and there are more sibling applicants than there are available spaces, then the sending district shall conduct a lottery first for the siblings only to determine the selection of students for participation and for placement on the waiting list.

2. In the event that the sending district elects to give preference to siblings of its resident students already enrolled in and attending the choice district and there are no spaces available after granting permission to participate in the choice program to siblings of resident students already enrolled in and attending the choice district, then the sending districts shall conduct a lottery for the remaining applicants to assign them a place on the waiting list.

(e) Prior to any lottery that may be held according to this section, the sending district shall verify that the student is enrolled in the sending district and was reported on the Application for State School Aid in October of the current school year.

(f) Prior to any lottery that may be held according to this section, the sending district shall notify the applicants of the date and time of such lottery.

(g) Any lottery held according to this section must be held prior to the deadline set by the Commissioner for written notification to the parent that the student is eligible to participate in the school choice program.

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