S1918

An Act concerning the school district of attendance for pupils who reside on certain federal property and amending and supplementing P.L.1988, c.12.

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

1. Section 2 of P.L.1988, c.12 (C.18A:38-7.8) is amended to read as follows:

2. a. After July 1, 1988 and until July 1, 2018, persons of school age who reside on federal property which is located entirely within the geographic boundaries of two or more school districts, one of which is a constituent district of a limited purpose regional district with more than six constituent districts in a county of the fifth class shall be deemed to be domiciled in a district to be designated by the executive county superintendent of schools. These persons shall attend the schools of the designated district and the designated district shall count these pupils in the resident enrollment of the district for all State aid and all federal funds provided under Pub. L. 81-874, 20 U.S.C. s. 236 et seq.

b. The designated district shall be a district that contains within its boundaries a portion of the federal property on which the pupils reside. Not later than 10 days after the effective date of this act, the board of education of any school district that seeks to be designated by the executive county superintendent of schools pursuant to this section shall adopt a resolution by majority vote of its members indicating its interest and the resolution shall be forwarded to the executive county superintendent. Based on a determination of the best interests of the pupils residing on federal property and pupils residing in the districts seeking designation, the executive county superintendent shall, within 30 days of the effective date of this act, certify to the Commissioner of Education which local school district, if any, shall be the designated district. [Once the county superintendent has certified the designated district, the county superintendent may not revoke or alter that certification.] In the event that no board of education adopts a resolution indicating an interest in being designated pursuant to this section, the executive county superintendent shall not designate a district and the pupils residing on the federal property shall attend the schools of the district in which they reside.

c. Notwithstanding the provisions of this section, those pupils residing on federal property prior to October 1, 1987 shall be permitted at the option of each pupil to continue in the school they were attending on September 30, 1987 until graduation from the school. For the purpose of calculating State and federal aid, each pupil who elects to remain shall continue to be included in the resident enrollment of the district in which they reside.

(cf: P.L.1988, c.12, s.2.)

2. (New section) a. Beginning with the 2018-2019 school year, the pupils residing on the federal property described in subsection a. of section 2 of P.L.1988, c.12 (C.18A:38-7.8) shall be enrolled in the schools of the district in which the pupils reside in accordance with an enrollment schedule determined by the executive county superintendent of schools. The enrollment schedule shall provide for the transition, over a period of four school years, of the pupils to enrollment in the schools of the district in which the pupils reside, so that by July 1, 2021 all such pupils are enrolled in the schools of the district in which they reside.

b. Notwithstanding the provisions of subsection a. of this section to the contrary, pupils who attend the designated district pursuant to subsection a. of section 2 of P.L.1988, c.12 (C.18A:38-7.8) on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be permitted at the option of each pupil to continue in the school of the designated district they are attending on that effective date until graduation from the school. For the purpose of calculating State and federal aid, a pupil who elects to remain shall continue to be included in the resident enrollment of the designated district.

3. This act shall take effect immediately.

STATEMENT

This bill provides that beginning with the 2018-2019 school year, the pupils who reside on federal property at the Naval Weapons Station Earle are to be enrolled in the schools of the district in which the pupils reside in accordance with an enrollment schedule determined by the executive county superintendent of schools.

P.L.1988, c.12, which became effective on April 6, 1988, authorized the executive county superintendent of schools in Monmouth County to designate a school district as the district of residence for the students who reside on federal property at the Naval Weapons Station Earle. The property on which Earle is located is within the geographic boundaries of two separate school districts. Pursuant to that law and since the 1988-89 school year, the Tinton Falls School District has provided educational services to children who reside on Earle.

Under this bill, the enrollment schedule determined by the executive county superintendent of schools must provide for the transition, over a period of four school years, of all pupils enrolled in the designated district to enrollment in the schools of the district in which the pupils reside. By July 1, 2021, all pupils will be enrolled in the schools of the district in which they reside. The bill allows a pupil an option to continue in the school of the designated district the pupil is attending when the bill is enacted until graduation from that school.