New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 22 - STUDENT RESIDENCY
Subchapter 3 - ELIGIBILITY TO ATTEND SCHOOL
Section 6A:22-3.1 - Students domiciled within the school district
Universal Citation: NJ Admin Code 6A:22-3.1
Current through Register Vol. 56, No. 24, December 18, 2024
(a) A student is eligible to attend a school district if the student is domiciled within the school district.
1. 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.
i. 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. This
subparagraph shall apply regardless of which parent has legal
custody.
ii. 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 the October 16 preceding
the application date.
(1) 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 that 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.
(2) When the
domicile of a student with disabilities as defined at N.J.A.C. 6A:14, Special
Education, cannot be determined pursuant to this section, nothing in this
section shall preclude an equitable determination of shared responsibility for
the cost of the student's out-of-district placement.
iii. When a student is living with a person
other than a parent or guardian, nothing in this section is intended to limit
the student's right to attend school in the parent or guardian's school
district of domicile pursuant to this chapter.
iv. No school district shall be required to
provide transportation for a student who resides 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.
2. A
student is domiciled in the school district when the student has reached the
age of 18 or is emancipated from the care and custody of a parent or guardian
and has established a domicile within the school district.
3. 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
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.
4. 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.
5. 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.
(b) 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.
1. 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.
2. This provision shall not preclude the
attendance of currently enrolled students who were permitted to attend the
school district prior to December 17, 2001.
(c) Nothing in this section 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.1 or the temporary residency (less than one year) provision at N.J.S.A. 18A:38-1.d.
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