Protecting Children During Family Crises

 N.J.S.A. 18A: (P.L c.231)  Districts must continue to enroll and transport students who move during the academic year when the move is the result of a family crisis.  Districts will be reimbursed for the additional costs of transporting the student.  The State Board must adopt regulations that include examples of “family crises” in addition to the two provided in the law.

 Student moves during the academic year or while attending a summer school program.  The move results from a family crisis (examples) :  Abuse such as domestic violence or sexual abuse;  Move due to an uninhabitable home (fire, flood, etc.); or  Disruption of family unit caused by death of parent or guardian.  This law does not apply to students in the following groups, since they are covered by current law:  Students covered under the Federal McKinney-Vento Homelessness Assistance Act;  Students placed in resource homes; and  Students in domestic violence shelters.

 Parent and district agree the student is eligible ◦ Parent notifies district and the district requests confirmation from the executive county superintendent (ECS) that student is eligible. ◦ If the ECS determines the student is not eligible, the district may not apply for transportation reimbursement and may terminate the student’s enrollment.  Parent applies, but district finds the student ineligible ◦ District notifies parent they are ineligible but may appeal to the executive county superintendent (ECS) within 21 days. ◦ If parent appeals, the ECS has 30 days to issue a decision. ◦ If the ECS finds the student ineligible, the district may assess the parent or guardian the transportation costs incurred during the period of ineligible attendance.

 The district applies to the executive county superintendent (ECS) at the end of the fiscal year.  The ECS reviews application & sends eligible costs to DOE, Division of Administration & Finance.  To be eligible, districts must document that the costs: ◦ Are for students who are required to be transported (remote from school; no reimbursement for courtesy busing) ◦ Result from the district’s use of the most efficient and cost- effective means available.  The Division of Administration & Finance will reimburse the district for the eligible costs less the amount of transportation aid already received for the student.

 Decisions by the ECS may be appealed to the Commissioner.  If the Commissioner determines the student is ineligible, his/her decision must specify who is responsible for the transportation costs incurred during the appeal process.  Nothing in this law prevents districts from admitting students without payment of tuition (per N.J.S.A. 18A:38-3).