N.J. Admin. Code § 6A:22-4.2

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

Section 6A:22-4.2 - Notices of ineligibility

(a) When a student is found ineligible to attend the school district pursuant to this chapter or the student's initial application is found to be deficient upon subsequent review or investigation, the school district immediately shall provide to the applicant notice that is consistent with Commissioner-provided sample form(s) (available at https://www.nj.gov/education/residency/index.shtml) and meets requirements of this section.

1. Notices shall be in writing; in English and in the native language of the applicant; issued by the chief school administrator; and directed to the address at which the applicant claims to reside.

(b) Notices of ineligibility shall include:

1. In cases of denial, a clear description of the specific basis on which the determination of ineligibility was made.

i. The description shall be sufficient to allow the applicant to understand the basis for the decision and determine whether to appeal;

ii. The description shall identify the specific subsection of 18A:38-1 under which the application was decided;

2. In cases of provisional eligibility, a clear description of the missing documents or information that still must be provided before a final eligibility status can be attained pursuant to the applicable provision at N.J.S.A. 18A:38-1;

3. A clear statement of the applicant's right to appeal to the Commissioner within 21 days of the notice date, along with an informational document provided by the Commissioner (available at https://www.nj.gov/education/residency/index.shtml) describing how to file an appeal;

4. A clear statement of the student's right to attend school for the 21-day period during which an appeal can be made to the Commissioner. It also shall state the student will not be permitted to attend school beyond the 21st day following the notice date if missing information is not provided or an appeal is not filed;

5. A clear statement of the student's right to continue attending school while an appeal to the Commissioner is pending;

6. A clear statement that, if an appeal is filed with the Commissioner and the applicant does not sustain the burden of demonstrating the student's right to attend the school district, or the applicant withdraws the appeal, fails to prosecute, or abandons the appeal by any means other than settlement, the applicant may be assessed, by an order of the Commissioner enforceable in Superior Court, tuition for any period of ineligible attendance, including the initial 21-day period and the period during which the appeal was pending before the Commissioner;

7. A clear statement of the approximate tuition rate, pursuant to N.J.A.C. 6A:22-6.3, that an applicant may be assessed for the year at issue if the applicant does not prevail on appeal or elects not to appeal;

i. If removal is based on the student's move from the school district, the notice of ineligibility shall also provide information as to whether school district policy permits continued attendance, with tuition, for students who move from the school district during the school year;

8. The name of a contact person in the school district who can assist in explaining the notice's contents; and

9. When no appeal is filed, notice that the parent or guardian shall still comply with compulsory education laws. In the absence of a written statement from the parent or guardian that the student will be attending school in another school district or nonpublic school, or receiving instruction elsewhere than at a school, school district staff shall notify the school district of actual domicile/residence, or the Department of Children and Families, of a potential instance of "neglect" pursuant to 9:6-1. For purposes of facilitating enforcement of State compulsory education laws (18A:38-25), staff shall provide the student's name, the name(s) of the parent/guardian/resident, address to the extent known, denial of admission based on residency or domicile, and absence of evidence of intent to attend school or receive instruction elsewhere.

N.J. Admin. Code § 6A:22-4.2

Recodified from N.J.A.C. 6A:28-2.7 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.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Rewrote the introductory paragraph of (a) and (b)3; in (b)6, inserted "the student's"; and rewrote (b)9.
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