To: New Jersey School Superintendents
From: David G. Sciarra, Executive Director
Date: September 24, 2003
Cc: Commissioner of Education

This alert is to remind you that school districts must revise their policies and practices to conform to the New Jersey residency regulations, effective December 17, 2001. The school residency law, N.J.S.A. 18A: 38-1, and implementing regulations, N.J.A.C. 6A:28-2, require districts to afford due process to all students who seek admission to their schools. Further, courts have held districts liable for violations of these due process rights. See J.A. v. Bd. of Educ. for S. Orange and Maplewood, 318 N.J. Super. 512 (App. Div. 1999).

Please review your district’s policy and procedures to ensure that students seeking admission to your schools are provided the following rights under State regulations:

• Prompt Determinations of Eligibility and Enrollment: Districts must have sufficient registration forms and trained staff to ensure that enrollment delays do not occur. Initial determinations of eligibility must be made as soon as an application is presented for enrollment. This means that the decision must be made immediately, or no later than the day of filing. Senior administrators must be available to address any difficulties with the enrollment process.

• Consideration of All Information and Documents Presented: Districts must consider all documentation or information presented by an applicant and may not insist on one particular form of documentation as proof of residency.

• Protection from Disclosure of Certain Information: School districts are not allowed to require or request certain information protected from disclosure by law or not relevant to eligibility. This information includes:

• Income tax returns

• Proof of citizenship or immigration/visa status: Districts are prohibited from asking about an applicant’s immigration or visa status. Undocumented aliens and those whose visas have expired have the right to attend public school without disclosing this information. Only F-1 visa holders can be excluded.

• Proof of compliance with local housing ordinances or conditions of tenancy: Districts are prohibited from requiring applicants to obtain certificates of occupancy or other documentation from the municipality’s housing department.

• Social security numbers

• Immediate Enrollment in All Cases Except Clear, Uncontested Denials: Once an application for admission is presented, even if incomplete, enrollment must take place immediately. If a school district denies enrollment for any reason and the parent clearly indicates disagreement with the denial and his/her intent to file an appeal, the district must enroll the child. If an appeal is not filed, or the defects in the application corrected, within twenty-one days of the district’s determination of ineligibility, then the student may be removed from school.

• Written Notice of Basis of Denial and Appeal Rights: Districts must provide applicants written notice in English and in their native language of the specific basis for a determination of ineligibility; of the applicant’s right to appeal to the Commissioner of Education; and of the student’s right to attend school while appealing a denial of admission. If information or documents are missing from the application, applicants must be told in writing what they must supply to get the application approved. Applicants must be provided information on how to file an appeal to the Commissioner.

• Twenty-one days to Appeal to Commissioner: An applicant has twenty-one (21) days from notice that admission has been denied to file an appeal with the Commissioner of Education.

• Attendance at School Pending Appeal: A student is entitled to attend school for the 21-day period during which an appeal may be made to the Commissioner. If an appeal is filed within the 21-day period, the student has the right to attend school pending the outcome of the appeal. However, an applicant may be assessed tuition for any period of ineligible attendance if the appeal is lost or abandoned.

Abbott District Preschool Enrollment: Abbott districts are reminded that all 3 and 4 year old children residing in the district are eligible for preschool. Eligibility is based on the child turning 3 or 4 by the same date used to determine eligibility for kindergarten. Districts must enroll all eligible children who apply for preschool. The use of parent status – immigration, housing, etc. – to deny enrollment is prohibited. Children also cannot be excluded because they are not toilet trained. Age and district residency are the only factors that may be considered in determining preschool enrollment.

Thank you for your attention to this important matter.