N.J. Admin. Code § 6A:22-4.1

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

Section 6A:22-4.1 - Registration forms and procedures for initial assessment

(a) Each district board of education shall use Commissioner-provided registration forms (available at https://www.nj.gov/education/residency/index.shtml), or locally developed forms that:

1. Are consistent with the Commissioner-provided forms;

2. Do not seek information prohibited by this subchapter or any other provision of statute or rule;

3. Summarize, for the applicant's reference, the criteria for attendance set forth at N.J.S.A. 18A:38-1, and specify the nature and form of sworn statement(s) to be filed;

4. Clearly state the purpose for which the requested information is being sought in relation to the criteria; and

5. Notify applicants that an initial eligibility determination is subject to more thorough review and evaluation, and that an assessment of tuition is possible if an initially admitted student is later found ineligible.

(b) Each district board of education shall make available sufficient numbers of registration forms and trained registration staff to ensure prompt eligibility determinations and enrollment. Enrollment applications may be taken by appointment, but appointments shall be promptly scheduled and shall not unduly defer a student's attendance at school.

1. If the school district uses separate forms for affidavit student applications rather than a single application form for all types of enrollment, affidavit student forms shall comply in all respects with the provisions at (a) above. When affidavit student forms are used, the school district shall provide them to any person attempting to register a student of whom the person is not the parent or guardian even if not specifically requested.

i. District boards of education or their agents shall not demand or suggest that guardianship or custody must be obtained before enrollment will be considered for a student living with a person other than the parent or guardian since the student may qualify as an affidavit student.

ii. District boards of education or their agents shall not demand or suggest that an applicant seeking to enroll a student of whom the applicant has guardianship or custody produce affidavit student proofs.

2. A district-level administrator designated by the chief school administrator shall be clearly identified to applicants and available to assist persons who experience difficulties with the enrollment process.

(c) Initial eligibility determinations shall be made upon presentation of an enrollment application, and enrollment shall take place immediately except in cases of clear, uncontested denials.

1. Enrollment shall take place immediately when an applicant has provided incomplete, unclear, or questionable information, but the applicant shall be notified that the student will be removed from the school district if defects in the application are not corrected, or an appeal is not filed, in accordance with subsequent notice to be provided pursuant to 6A:22-4.2.

2. When a student appears ineligible based on information provided in the initial application, the school district shall issue a preliminary written notice of ineligibility, including an explanation of the right to appeal to the Commissioner. Enrollment shall take place immediately if the applicant clearly indicates disagreement with the school district's determination and an intent to appeal to the Commissioner.

i. An applicant whose student is enrolled pursuant to this paragraph shall be notified that the student will be removed without a hearing before the district board of education if no appeal is filed within the 21-day period established at N.J.S.A. 18A:38-1.

(d) When enrollment is denied and no intent to appeal is indicated, applicants shall be advised they shall comply with compulsory education laws. When the student is between the ages of six and 16, applicants also shall be asked to complete a written statement indicating the student will be attending school in another school district or nonpublic school, or receiving instruction elsewhere than at a school pursuant to N.J.S.A. 18A:38-25. In the absence of the applicant's written statement that the student will be attending school in another school district or nonpublic school, or receiving instruction elsewhere than at a school, designated staff shall report to the school district of actual domicile or residence, or the Department of Children and Families, a potential instance of "neglect" for purposes of ensuring compliance with compulsory education laws, N.J.S.A. 9:6-1. Staff shall provide the school district or the Department of Children and Families with the student's name, the name(s) of the parent/guardian/resident, and the student's address to the extent known. Staff also shall indicate admission to the school district has been denied based on residency or domicile, and there is no evidence of intent to arrange for the child to attend school or receive instruction elsewhere.

(e) Enrollment or attendance at school shall not be conditioned on advance payment of tuition in whole or part when enrollment is denied and an intent to appeal is indicated, or when enrollment is provisional and subject to further review or information.

(f) Each district board of education shall ensure the registration process identifies information suggesting an applicant may be homeless so procedures may be implemented in accordance with N.J.A.C. 6A:17-2, Education of Homeless Children and Youths.

(g) Enrollment or attendance in the school district shall not be denied based upon the absence of a certified copy of the student's birth certificate or other proof of the student's identity as required within 30 days of initial enrollment, pursuant to N.J.S.A. 18A:36-25.1.

(h) Enrollment in the school district shall not be denied based upon the absence of student medical information. However, actual attendance at school may be deferred until the student complies with student immunization rules at N.J.A.C. 8:57-4.

(i) When enrollment in the school district, attendance at school, or the receipt of educational services in the regular education program appears inappropriate, the student shall not be denied based upon the absence of a student's prior educational record. However, the applicant shall be advised the student's initial educational placement may be subject to revision upon the school district's receipt of records or further assessment of the student.

N.J. Admin. Code § 6A:22-4.1

Recodified from N.J.A.C. 6A:28-2.6 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.
Administrative correction.
See: 38 N.J.R. 3782(a).
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Deleted "legal" preceding "guardian" and "guardianship" throughout; rewrote the introductory paragraph of (a); in the introductory paragraph of (b), inserted the second sentence; in (b)1i, substituted "must" for "shall"; in the introductory paragraph of (c)2, substituted "a student" for "an applicant"; in (c)2i, substituted "An applicant whose student is" for "A student" and "the student" for "he or she"; and rewrote (d).
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the section.

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

Administrative Change, 56 N.J.R. 2079(b), effective 9/17/2024