SENATE, No. 1088

STATE OF NEW JERSEY

INTRODUCED MAY 9, 1996

By Senators SINGER and CARDINALE

An Act concerning the payment of transportation costs for homeless students and amending P.L.1989, c.290.

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

    1. Section 3 of P.L.1989, c.290 (C.18A:7B-12.1) is amended to read as follows:

    3. The district of residence for a homeless child determined pursuant to section 19 of P.L.1979, c.207 (C.18A:7B-12) shall be responsible for the education of the homeless child. The district of residence shall determine the educational placement of the child after consulting with the parent or guardian. This determination shall be: a. to continue the child's education in the school district of last attendance, b. to enroll the child in the district of residence if the district of residence is not the district of last attendance, or c. to enroll the child in the school district where the child is temporarily living, whichever is in the child's best interest. If the parent or guardian objects to the determination made by the district of residence, the county superintendent of schools shall be notified and within 48 hours shall determine the placement of the child based on criteria established by the State Board of Education. Any appeals regarding the determination shall be resolved according to rules established by the State Board of Education.

    When the homeless child attends school in a district other than the district of residence, the district of residence shall pay the costs of tuition for the child to attend school in that district[ and]. The district of residence shall also pay for any transportation costs incurred by that district until the end of the school year provided that district is adjacent to the district of residence. When the homeless child attends school in the district of residence while temporarily residing in another district, the district of residence shall provide for transportation to and from school pursuant to the provisions of [N.J.S.18A:58-7] N.J.S.18A:39-1 until the end of the school year provided that the district in which the child is temporarily residing is adjacent to the district of residence.

(cf: P.L.1989, c.290, s.3)

    2. This act shall take effect immediately.

STATEMENT

    This bill limits the responsibility of a school district to pay for or provide transportation services to a homeless child. When the law was originally enacted which required a district which is determined to be the district of residence for a homeless child to provide or pay for transportation services, it was assumed that a child's designation as homeless would be a temporary one. What has occurred in some instances, however, is that although a child may continue to live in another community for an extended period of time, that child continues to be designated as homeless requiring the designated district of residence to continue its responsibility for transportation for an inordinate period of time.

    This bill provides that a school district which is determined to be the district of residence for a homeless child who is attending school in another district would only be required to pay for any transportation costs incurred by that district until the end of the school year provided that district is adjacent to the district of residence. Similarly, if a child who is designated homeless is residing in another district but attending school in the district of residence, the district of residence would only be required to provide transportation services if the district in which the child is residing is adjacent to the district of residence and then only until the end of the school year.

Limits the payment of transportation costs for homeless students.