N.J. Admin. Code § 6A:22-3.3

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

Section 6A:22-3.3 - Housing and immigration status

(a) A student's eligibility to attend school shall not be affected by the physical condition of an applicant's housing or the applicant's compliance with local housing ordinances or terms of lease.

(b) Except as set forth at (b)1 below, immigration/visa status shall not affect eligibility to attend school. Any student who is domiciled in the school district or otherwise eligible to attend school there pursuant to N.J.A.C. 6A:22-3.2 shall be enrolled without regard to, or inquiry concerning, immigration status.

1. The provisions of 18A:38-1 and this chapter shall not apply to students who have obtained, or are seeking to obtain, a Certificate of Eligibility for Nonimmigrant Student Status (INS form I-20) from the school district to apply to the INS for issuance of a visa for the purpose of limited study on a tuition basis in a United States public secondary school ("F-1" visa).

i. School districts permitting the attendance of F-1 students may adopt policies and procedures requiring advance payment of tuition, or entry into binding agreements for payment of tuition, before the school district will provide the requested I-20 form.

N.J. Admin. Code § 6A:22-3.3

Recodified in part from N.J.A.C. 6A:28-2.4(b) through (d) and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Rewrote the section.
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote (a) and the introductory paragraph of (b); in the introductory paragraph of (b)1 and (b)1i, inserted "school" preceding "district"; and in (b)1i, substituted "School districts" for "Districts".

Amended by 56 N.J.R. 1787(a), effective 9/3/2024