ASSEMBLY, No. 2224

STATE OF NEW JERSEY

INTRODUCED JUNE 27, 1996

By Assemblyman ZECKER and Assemblywoman CRECCO

An Act concerning certain services provided to students attending nonpublic schools, supplementing P.L.1977, c.193 (C.18A:46-19.1 et seq.) and amending P.L.1977, c.192.

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

    1. (New section) The board of education of a district in which a nonpublic school is located shall not be responsible for the provision of remedial services for children who attend a nonpublic school, including the identification of the children pursuant to N.J.S.18A:46-6 or the examination and classification of the children pursuant to N.J.S.18A:46-8, if less than 75% of the children attending the nonpublic school are residents of the district in which the nonpublic school is located. In the event that less than 75% of the children do not reside in the district in which the nonpublic school is located, the resident district of each child shall be responsible for providing the remedial services or paying a share of the cost based on the proportion that the number of children from the district bears to the total number of children receiving the services.

    2. Section 3 of P.L.1977, c. 192 (C.18A:46A-3) is amended to read as follows:

    3. a. In the 1977-78 school year, and each school year thereafter each board of education of a district in which a nonpublic school is located shall provide for the receipt of auxiliary services by children between the ages of five and 20 residing in the State and enrolled full-time in a nonpublic school located within the district.

    b. Notwithstanding the provisions of subsection a. of this section, the board of education of a district in which a nonpublic school is located shall not be responsible for the provision of auxiliary services for children who attend a nonpublic school if less than 75% of the children attending the nonpublic school are residents of the district in which the nonpublic school is located. In the event that less than 75% of the children do not reside in the district in which the nonpublic school is located, the resident district of each child shall be responsible for providing the auxiliary services or paying a share of the cost based on the proportion that the number of children from the district bears to the total number of children receiving the services.

    For the purposes of this act, a child who boards at a school in a district in which his parents do not maintain a residence shall not be considered a resident of the district.

(cf: P.L.1984, c. 122, s. 1)

    3. This act shall take effect immediately.

STATEMENT

    This bill provides that the board of education of a district in which a nonpublic school is located would not be responsible for the provision of remedial services for special education students who attend a nonpublic school, including their identification, examination or classification, or auxiliary services for students who attend a nonpublic school if less than 75% of the students attending the nonpublic school are residents of the district in which the school is located. In the event that less than 75% of the students do not reside in the district in which the nonpublic school is located, the resident district of each student would be responsible for providing the remedial or auxiliary services or paying a proportional share of the cost of the services.

Revises procedure for the provision of remedial and auxiliary services for certain nonpublic school students.