SRP receives numerous requests for legal assistance involving the denial of admission to public schools under the state's school residency law, N.J.S.A. 18A:38-1. SRP's litigation in this area seeks to promote the fundamental right of children in New Jersey to receive a public education.

One of SRP's cases, J.A. v. Board of Educ. of South Orange/Maplewood, 318 N.J. Super. 512 (App. Div. 1999), resulted in a groundbreaking ruling from the Appellate Division of the Superior Court of New Jersey that students have a constitutionally-protected property interest in a public education starting at the time they apply for public school admission. The Court held that all applicants for admission are entitled to procedural due process protections under the Fourteenth Amendment to the United States Constitution and must receive written notice detailing the grounds for a school district's decision to exclude a student. In addition, the Court ruled, as a matter of fundamental fairness and legislative policy, that applicants must receive written explanation of the procedures for appealing a denial of admission, including an explanation of the right to attend school in the district while the appeal is pending. The Court also ruled that a school district's failure to comply with these protections could subject it to damages and attorney's fees. Significantly, the Court directed the Commissioner of Education to issue regulations that clarify these notice requirements and other duties of local school districts regarding residency.

In response to the J.A. ruling, the New Jersey Department of Education issued its first regulations in this area. Those regulations, "Entitlement to Attend School Based on Domicile/Residency in the District," N.J.A.C. 6A:28-2, took effect December 17, 2001. The regulations require the immediate enrollment of students in all cases except those of clear, uncontested denials. They also include significant due process protections for students, as well as explicit prohibitions against conditioning admission into public schools on students' housing conditions or immigration status. For more information on school residency law, please view ELC's publication "Understanding Public School Residency Requirements."