Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
Co-Sponsored by:
Senator Tiver
SYNOPSIS
Provides increased flexibility in school district enrollment for military-connected students.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning military-connected students, supplementing chapter 6 of Title 18A of the New Jersey Statutes and amending P.L.1979, c.207 and P.L.2010, c.65.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding any other provision of law to the contrary, a school district that participates in an inter-local agreement for the enrollment of students shall provide a military-connected student:
(1) a waiver from any requirement of the agreement that a student reside in a district for a certain length of time before applying for enrollment in a school that is subject to the agreement;
(2) preference for enrollment in a school that is subject to the agreement above other students;
(3) protection from discrimination in its admission policies or practices on the basis of the students status as a military-connected student; and
(4) guaranteed admission to any school that is subject to the agreement regardless of the capacity of the district, if the parent or guardian can provide military orders or other evidence documenting the parent or guardians temporary transfer for more than 30 consecutive days.
b. As used in this section, military-connected student means a student enrolled in a public school in the State who is a dependent of:
(1) a member of the armed forces of the United States, including the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force;
(2) a member of the National Guard;
(3) a member of any other reserve component of the armed forces;
(4) retirees and those separated honorably from the armed forces;
(5) a member or veteran who is medically discharged for one year or longer after the date of separation;
(6) a member who perished while on active duty;
(7) a uniformed member of the Commissioned Corps of the National Oceanic and Atmospheric Administration, and United States Public Health Services;
(8) a civilian employee of the Department of Defense; and
(9) a school employee who
works in a school district in which federal impact aid makes up a significant
portion of the district budget as a result of its proximity to a military
installation.
2. Section 19 of P.L.1979, c.207 (C.18A:7B-12) is amended to read as follows:
19. For school funding purposes, the Commissioner of Education shall determine district of residence as follows:
a. (1) In the case of a child placed in a resource family home prior to the effective date of P.L.2010, c.69 (C.30:4C-26b et al.), the district of residence shall be the district in which the resource family parents reside. If such a child in a resource family home is subsequently placed in a State facility or by a State agency, the district of residence of the child shall then be determined as if no such resource family placement had occurred.
(2) In the case of a child placed in a resource family home on or after the effective date of P.L.2010, c.69 (C.30:4C-26b et al.), the district of residence shall be the present district of residence of the parent or guardian with whom the child lived prior to the most recent placement in a resource family home.
b. The district of residence for children who are in residential State facilities, or who have been placed by State agencies in group homes, skill development homes, private schools or out-of-State facilities, shall be the present district of residence of the parent or guardian with whom the child lived prior to his most recent admission to a State facility or most recent placement by a State agency.
c. The district of residence for children whose parent or guardian temporarily moves from one school district to another as the result of being homeless shall be the district in which the parent or guardian last resided prior to becoming homeless. For the purpose of this amendatory and supplementary act, "homeless" shall mean an individual who temporarily lacks a fixed, regular and adequate residence.
d. If the district of residence cannot be determined according to the criteria contained herein, if the criteria contained herein identify a district of residence outside of the State, or if the child has resided in a domestic violence shelter, homeless shelter, or transitional living facility located outside of the district of residence for more than one year, the State shall assume fiscal responsibility for the tuition of the child. The tuition shall equal the approved per pupil cost established pursuant to section 24 of P.L.1996, c.138 (C.18A:7F-24). This amount shall be appropriated in the same manner as other State aid under this act. The Department of Education shall pay the amount to the Department of Human Services, the Department of Children and Families, the Department of Corrections or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) or, in the case of a homeless child or a child in a family resource home, the Department of Education shall pay to the school district in which the child is enrolled the weighted base per pupil amount calculated pursuant to section 7 of P.L.2007, c.260 (C.18A:7F-49) and the appropriate security categorical aid per pupil and special education categorical aid per pupil.
e. If the State has assumed fiscal responsibility for the tuition of a child in a private educational facility approved by the Department of Education to serve children who are classified as needing special education services, the department shall pay to the Department of Human Services, the Department of Children and Families or the Juvenile Justice Commission, as appropriate, the aid specified in subsection d. of this section and in addition, such aid as required to make the total amount of aid equal to the actual cost of the tuition.
f. In the event that a military-connected child relocates outside of the childs original district of residence, the parent or guardian shall retain the option to maintain the childs enrollment in the original district of residence for the remainder of the school year, or to begin enrollment in the new school district in which the family resides.
In the event that a military-connected child relocates outside of the childs original district of residence during the 11th grade, the parent or guardian shall retain the option to maintain the childs enrollment in the original district of residence until the childs graduation from high school, or to begin enrollment in the new school district in which the child resides.
In the event that a military-connected student cannot access temporary living facilitie