N.J.A.C. 6A:22 February 6, 2013

Purpose of Proposed Amendments To incorporate recommendations made by the Education Transformation Task Force so as to ease the burden that residency issues place on school districts and residents. To clarify residency rules at the outset, so as to reduce the number of cases that require litigation. Update rules for consistency with recent statutory changes. 2

To incorporate recommendations made by the Education Transformation Task Force Assessment of tuition where appeal is filed: – Limit to one year the length of time for which tuition can be assessed for ineligible attendance. – Add the period of ineligible attendance after the appeal is filed and while it is pending. – Require the Commissioner to consider whether the ineligible attendance was caused by school district error when determining whether to order payment of tuition. – Ensure students determined ineligible to attend a school district are not penalized when the error was caused by the school district. 3

To incorporate recommendations made by the Education Transformation Task Force (cont.) Assessment of tuition where no appeal is filed: ̶Limits to one year the length of time for which tuition can be assessed. Calculation of tuition: – Add language that states neither a school district nor the Commissioner should assess tuition for a student found ineligible to attend a school if the ineligibility was due to school district error. 4

To incorporate recommendations made by the Education Transformation Task Force (cont.) Proof of eligibility: – Include language that ensures school district compliance with Federal law when accepting proof of a student’s eligibility to attend the school district. 5

To clarify residency rules at the outset, so as to reduce the number of cases that require litigation – Clarifies that school districts are not required to provide transportation for students residing outside the school district of residence for all or part of the school year. – Ensures the provision of transportation is based on a student’s individualized education plan for out-of-district placements. – Add “mortgage or tax bill” as acceptable proof of residency in addition to leases or sworn landlord statements. – Specifies that occasional gifts or limited contributions to a student’s upkeep do not affect district of residence. – The proposed amendment ensures that the student will be eligible to attend a school district where the student lives as long as his or her parent or guardian does not make regular payments or other regular remuneration to the person housing the student. 6

Update rules for consistency with recent statutory changes – Deletes all references to the six-month waiting period for State residency for guardianship of the child. 7