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5118 Nonresidents

NORTHFIELD CITY BOARD OF EDUCATION FILE CODE: 5118

Northfield, New Jersey Monitored

Mandated

Policy X Other Reasons

NONRESIDENTS

The Northfield City Board of Education shall operate the schools of this district for the benefit of all children residing in the district and such others as may be admitted, pursuant to statute and policy of the board. The board reserves the right to verify the residency of any student and the validity of any affidavit of guardianship at any time. Documentation required to prove eligibility to attend the schools of this district shall be in accord with policy 5111 Admission and the administrative code. Students enrolled in the district under affidavit status will be required to submit an affidavit application annually.

Future Residents

Children of families planning to move to Northfield may enter school prior to such moving, provided the family is domiciled in the district by October 14 and will assume all responsibility for transportation. If the family is not legally domiciled in the district by October 14, the child(ren) is/are ineligible for continued attendance until legal residence is established by the family. Parents/guardians shall be required to demonstrate proof of the anticipated date of residency.

Request for attendance at school by non-resident children not enumerated above, will be considered by the board of education at the next regular meeting following receipt of the written request, provided the parents/guardians assume responsibility for necessary transportation.

If a non-resident family does not move into Northfield prior to September 1st, the family will pay one-tenth of the student tuition to the board of education by August 15th. Tuition will be due on the 15th of September for the month of October. If the family has not established residence in Northfield by October 14th, it must again request board approval for continued attendance of its child(ren) in the Northfield Community School on a tuition basis. Tuition is to be paid one month in advance by the 15th of the preceding month.

Former Residents

Regularly enrolled children of families who have moved out of Northfield after April 30 may complete the school year, provided that the parents/guardians will assume all responsibility for necessary transportation.

Family Crisis

Pursuant to statute, N.J.S.A. 18A:38-1.1, “a child who moves out of a school district as a result of domestic violence, sexual abuse or other family crises shall be permitted to remain enrolled in that district for the remainder of the school year. If the child remains enrolled in the district for the remainder of the school year, the school district shall provide transportation services to the child, provided the child lives remote from school, and the State shall reimburse the school district for the cost of the transportation services.” Relevant regulation, N.J.A.C. 6A:22-3.2(h) similarly establishes a student “who moves to a new school district during the academic year as a result of a family crisis shall be permitted to remain enrolled in the original school district of residence for the remainder of the school year without the payment of tuition.” The regulation also specifically defines “family crisis” as including “a disruption to the family unit caused by death of a parent or guardian. A student attending an academic program during the summer, who is otherwise eligible except for the timing of the move, shall be permitted to remain in the school district for the remainder of the summer program if it is considered an extension of the preceding academic year.” Family crisis shall include, but not be limited to:

  1. An instance of abuse such as domestic violence or sexual abuse;
  2. A disruption to the family unit caused by death of a parent or guardian; or
  3. An unplanned displacement from the original residence such as fire, flood, hurricane, or other circumstances that render the residence uninhabitable.

Children of Nonresident Employees

Children of nonresident employees of the board may be enrolled in the schools of this district on payment of tuition and in accordance with policy for other nonresident students.

Homeless Students

The district will determine the educational placement of homeless students in each child’s best interest and respond to appeals concerning them made by parents/guardians or other parties in accordance with New Jersey statutes and administrative code, as well as pertinent federal law. The district will designate a “homeless student liaison” to help the homeless student enroll in school, make sure that the homeless student is enrolled and attending school, and see that the district meets federal and state requirements for educating homeless students.

Other Nonresident Students

Other nonresident students may be admitted to this district on payment of tuition and availability of space.

The Superintendent of Schools shall develop procedures for the enrollment of nonresident children that allow admission of such children only on the proper application of parent/guardian; verify claims of residency and submission of affidavits of guardianship; deny admission where the educational program maintained for the children of this district is inadequate to meet the needs of the applicant; do not exclude any child, otherwise eligible, on the basis of such child’s race, color, creed, national origin, nationality, affectional or sexual orientation, disability, gender identity or expression, atypical hereditary cellular or blood trait of any individual or ancestry; and make continued enrollment of any nonresident student contingent upon maintaining good standards of citizenship and discipline.

When a child must either relocate to or from this district because his/her parent/guardian is a member of the New Jersey National Guard or a member of the reserve component of the armed forces of the United States and has been ordered into active service, the child shall be eligible to attend the schools of this district without paying tuition. The district shall not be responsible for transporting the child.

The Superintendent of Schools or his/her designee shall recommend to the board for its approval the admission of qualified applicants.

The board shall not be responsible for the transportation to or from school of any nonresident students, except as may be required by state or federal law.

The board shall annually determine tuition rates for nonresident students.

Adopted: October 20, 2008

NJSBA Review/Update: November 2009; December 2010; June 2018; April 2019; February 2021

Readopted: October 24, 2011

Key Words

Nonresidents, Tuition Student, Affidavit Student, Homeless Student

Legal References: N.J.S.A. 18A:7F-45 Definitions

N.J.S.A. 18A:11-1 General mandatory powers and duties

N.J.S.A. 18A:36B-14 et seq. Interdistrict Public School Choice Program Act

N.J.S.A. 18A:38-1 et seq. Attendance at school free of charge

See particularly:

N.J.S.A. 18A:38-2, 38-3, 38-8, 38-9

N.J.S.A. 18A:46-20 Receiving students from outside district; establishment of facilities

N.J.S.A. 18A:54-20 Powers of board (county vocational schools)

N.J.A.C. 6A:12-1.3 et seq. Interdistrict Public School Choice

N.J.A.C. 6A:17-1.1 et seq. Students at Risk of Not Receiving a Public Education

N.J.A.C. 6A:22 Student residency

See particularly:

N.J.A.C. 6A:22-3 Eligibility to attend school

N.J.A.C. 6A:22-3.1 Students domiciled within the school district

N.J.A.C. 6A:23A-19.2 Method of determining the district of residence

N.J.A.C. 6A:23A-19.3 Address submission for determining the district of residence

 

8 U.S.C. 1101 Illegal Immigrant and Immigration Responsibility Act of 1997

Board of Education of the Borough of Englewood Cliffs v. Board of Education of the City of Englewood, 132 NJ 327; cert. denied, 510 U.S. 991 (1993); subsequent listing 333 N.J. Super. (App. Div. 2000)

No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et seq.

 

J.A. v. Board of Education of South Orange/Maplewood, 318 N.J. Super. 512 (App. Div 1999)

Possible

Cross References: 3240 Tuition income

*5111 Admission

*5114 Suspension and expulsion

6142.5 Travel and exchange programs

*6151 Class size

*Indicates policy is included in the Critical Policy Reference Manual.

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