ASSEMBLY, No. 1852

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblymen KELLY and O'TOOLE

An Act concerning the establishment of residency for the purpose of a public education, amending N.J.S.18A:38-1, and supplementing chapters 38 of Title 18A and 12 of Title 3B of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. 18A:38-1 is amended to read as follows:

    18A:38-1. As used in this section, "guardian" means a person who has been appointed the guardian of the person of a minor pursuant to an order issued by a court of competent jurisdiction.

    Public schools shall be free to the following persons over five and under 20 years of age:

    a. Any person who is domiciled within the school district;

    b.[(1) Any person who is kept in the home of another person domiciled within the school district and is supported by such other person gratis as if he were such other person's own child, upon filing by such other person with the secretary of the board of education of the district, if so required by the board, a sworn statement that he is domiciled within the district and is supporting the child gratis and will assume all personal obligations for the child relative to school requirements and that he intends so to keep and support the child gratuitously for a longer time than merely through the school term, and a copy of his lease if a tenant, or a sworn statement by his landlord acknowledging his tenancy if residing as a tenant without a written lease, and upon filing by the child's parent or guardian with the secretary of the board of education a sworn statement that he is not capable of supporting or providing care for the child due to a family or economic hardship and that the child is not residing with the resident of the district solely for the purpose of receiving a free public education within the district. The statement shall be accompanied by documentation to support the validity of the sworn statements, information from or about which shall be supplied only to the board and only to the extent that it directly pertains to the support or nonsupport of the child. If in the judgment of the board of education the evidence does not support the validity of the claim by the resident, the board may deny admission to the child. The resident may contest the board's decision to the commissioner within 21 days of the date of the decision and shall be entitled to an expedited hearing before the commissioner on the validity of the claim and shall have the burden of proof by a preponderance of the evidence that the child is eligible for a free education under the criteria listed in this subsection. The board of education shall, at the time of its decision, notify the resident in writing of his right to contest the board's decision to the commissioner within 21 days. No child shall be denied admission during the pendency of the proceedings before the commissioner. In the event the child is currently enrolled in the district, the student shall not be removed from school during the 21-day period in which the resident may contest the board's decision nor during the pendency of the proceedings before the commissioner. If in the judgment of the commissioner the evidence does not support the claim of the resident, he shall assess the resident tuition for the student prorated to the time of the student's ineligible attendance in the school district. Tuition shall be computed on the basis of 1/180 of the total annual per pupil cost to the local district multiplied by the number of days of ineligible attendance and shall be collected in the manner in which orders of the commissioner are enforced. Nothing shall preclude a board from collecting tuition from the resident, parent or guardian for a student's period of ineligible attendance in the schools of the district where the issue is not appealed to the commissioner;

    (2)] Any person whose parent or guardian is domiciled within the school district;

    If the superintendent or administrative principal of a school district finds that the parent or guardian of a child who has applied for admission to or is attending the schools of the district is not domiciled within the district [and the child is not kept in the home of another person domiciled within the school district and supported by him gratis as if the child was the person's own child as provided for in paragraph (1) of this subsection], the superintendent or administrative principal may apply to the board of education to deny admission to the child or for the removal of the child. The parent or guardian shall be entitled to a hearing before the board and if in the judgment of the board the parent or guardian is not domiciled within the district [or the child is not kept in the home of another person domiciled within the school district and supported by them gratis as if the child was the person's own child as provided for in paragraph (1) of this subsection], the board may deny admission to the child or order the transfer or removal of the child from school. The parent or guardian may contest the board's decision before the commissioner within 21 days of the date of the decision and shall be entitled to an expedited hearing before the commissioner and shall have the burden of proof by a preponderance of the evidence that the child is eligible for a free education under the criteria listed in this subsection. The board of education shall, at the time of its decision, notify the parent or guardian in writing of his right to contest the decision within 21 days. No child shall be denied admission during the pendency of the proceedings before the commissioner and no child shall be removed from school during the 21-day period in which the parent or guardian may contest the board's decision or during the pendency of the proceedings before the commissioner. If in the judgment of the commissioner the evidence does not support the claim of the parent or guardian, the commissioner shall assess the parent or guardian tuition for the student prorated to the time of the student's ineligible attendance in the schools of the district. Tuition shall be computed on the basis of 1/180 of the total annual per pupil cost to the local district multiplied by the number of days of ineligible attendance and shall be collected in the manner in which orders of the commissioner are enforced. Nothing shall preclude a board from collecting tuition from the parent or guardian for a student's period of ineligible attendance in the schools of the district where the issue is not appealed to the commissioner;

    The provisions of this section requiring [proof of support, custody or tenancy] domicile within the school district shall not apply to a person keeping a child in his home whose parent or 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 who has been ordered into active military service in any of the armed forces of the United States in time of war or national emergency. In such a situation, the child shall be eligible to enroll in the district in which he is being kept, and no tuition shall be charged by the district. Following the return of the child's parent or guardian from active military service, the child's eligibility for enrollment without tuition in the district in which he or she is being kept shall cease at the end of the current school year;

    c. [Any person who fraudulently allows a child of another person to use his residence and is not the primary financial supporter of that child and any person who fraudulently claims to have given up custody of his child to a person in another district commits a disorderly persons offense;] (Deleted by amendment, P.L. , c. ).

    d. [Any person whose parent or guardian, even though not domiciled within the district, is residing temporarily therein, but any person who has had or shall have his all-year-round dwelling place within the district for one year or longer shall be deemed to be domiciled within the district for the purposes of this section;] (Deleted by amendment, P.L. , c. ).

    e. Any person for whom the Division of Youth and Family Services in the Department of Human Services is acting as guardian and who is placed in the district by said bureau;

    f. Any person whose parent or guardian moves from one school district to another school district as a result of being homeless and whose district of residence is determined pursuant to section 19 of P.L.1979, c.207 (C.18A:7B-12).

(cf: P.L.1994, c.169, s.1)

    2. (New section) Any person who fraudulently allows a child of another person to use his residence in order to enable the child to receive a free education and any person who fraudulently claims to have given up or assumed legal custody of a child for the purpose of allowing the child to receive a free education commits a crime of the fourth degree.

    3. (New section) Each court order for guardianship of the person of a minor shall not be issued without a finding that the applicant guardian is not seeking to assume guardianship of the person of the minor for the purpose of enabling the minor to receive a free education pursuant to the provisions of N.J.S.18A:38-1.

    4. This act shall take effect immediately.

STATEMENT

    This bill revises current law concerning the right to a free public education. Under the bill's provisions, in order to be eligible for a free education, a child or his parent or guardian would have to be domiciled within the school district. The bill eliminates the provision of current law which authorizes a free education for a child who is kept in the home of another person domiciled within the school district and supported by such other person gratis. The bill defines guardian as a person who has been appointed the guardian of the person of a minor pursuant to an order issued by a court of competent jurisdiction.

    The bill further provides that any person who fraudulently allows a child of another person to use his residence in order to enable the child to receive a free education and any person who fraudulently claims to have given up or assumed legal custody of a child for the purpose of allowing the child to receive a free education commits a crime of the fourth degree. In addition, the bill stipulates that each court order for guardianship of the person of a minor shall not be issued without a finding that the applicant guardian is not seeking to assume guardianship for the purposes of securing a free education for the child.

    The bill modifies but retains the current provisions of law which allow a superintendent or administrative principal to challenge the domicile of a student who applies to or is enrolled in the schools of the district; retains the procedure for a parent or guardian to appeal a board of education's decision in this regard before the Commissioner of Education; and retains the authority of the commissioner to assess the parent or guardian tuition for the time of a student's ineligible attendance in the schools of the district. The bill also retains the current provision of law which authorizes a free education for a child whose parent or 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 who is being kept in another person's home during a period in which his parent or guardian has been called into active military service.

Revises law concerning the establishment of residency for the purpose of a free public education.