S3251

An Act concerning military-connected students, supplementing chapter 6 of Title 18A of the New Jersey Statutes and amending P.L.1979, c.207 and P.L.2010, c.65.

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

1. (New section) a. Notwithstanding any other provision of law to the contrary, a school district that participates in an inter-local agreement for the enrollment of students shall provide a military-connected student:

(1) a waiver from any requirement of the agreement that a student reside in a district for a certain length of time before applying for enrollment in a school that is subject to the agreement;

(2) preference for enrollment in a school that is subject to the agreement above other students;

(3) protection from discrimination in its admission policies or practices on the basis of the student’s status as a military-connected student; and

(4) guaranteed admission to any school that is subject to the agreement regardless of the capacity of the district, if the parent or guardian can provide military orders or other evidence documenting the parent or guardian’s temporary transfer for more than 30 consecutive days.

b. As used in this section, “military-connected student” means a student enrolled in a public school in the State who is a dependent of:

(1) a member of the armed forces of the United States, including the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force;

(2) a member of the National Guard;

(3) a member of any other reserve component of the armed forces;

(4) retirees and those separated honorably from the armed forces;

(5) a member or veteran who is medically discharged for one year or longer after the date of separation;

(6) a member who perished while on active duty;

(7) a uniformed member of the Commissioned Corps of the National Oceanic and Atmospheric Administration, and United States Public Health Services;

(8) a civilian employee of the Department of Defense; and

(9) a school employee who works in a school district in which federal impact aid makes up a significant portion of the district budget as a result of its proximity to a military installation.
2. Section 19 of P.L.1979, c.207 (C.18A:7B-12) is amended to read as follows:

19. For school funding purposes, the Commissioner of Education shall determine district of residence as follows:

a. (1) In the case of a child placed in a resource family home prior to the effective date of P.L.2010, c.69 (C.30:4C-26b et al.), the district of residence shall be the district in which the resource family parents reside. If such a child in a resource family home is subsequently placed in a State facility or by a State agency, the district of residence of the child shall then be determined as if no such resource family placement had occurred.

(2) In the case of a child placed in a resource family home on or after the effective date of P.L.2010, c.69 (C.30:4C-26b et al.), the district of residence shall be the present district of residence of the parent or guardian with whom the child lived prior to the most recent placement in a resource family home.

b. The district of residence for children who are in residential State facilities, or who have been placed by State agencies in group homes, skill development homes, private schools or out-of-State facilities, shall be the present district of residence of the parent or guardian with whom the child lived prior to his most recent admission to a State facility or most recent placement by a State agency.

c. The district of residence for children whose parent or guardian temporarily moves from one school district to another as the result of being homeless shall be the district in which the parent or guardian last resided prior to becoming homeless. For the purpose of this amendatory and supplementary act, "homeless" shall mean an individual who temporarily lacks a fixed, regular and adequate residence.

d. If the district of residence cannot be determined according to the criteria contained herein, if the criteria contained herein identify a district of residence outside of the State, or if the child has resided in a domestic violence shelter, homeless shelter, or transitional living facility located outside of the district of residence for more than one year, the State shall assume fiscal responsibility for the tuition of the child. The tuition shall equal the approved per pupil cost established pursuant to section 24 of P.L.1996, c.138 (C.18A:7F-24). This amount shall be appropriated in the same manner as other State aid under this act. The Department of Education shall pay the amount to the Department of Human Services, the Department of Children and Families, the Department of Corrections or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) or, in the case of a homeless child or a child in a family resource home, the Department of Education shall pay to the school district in which the child is enrolled the weighted base per pupil amount calculated pursuant to section 7 of P.L.2007, c.260 (C.18A:7F-49) and the appropriate security categorical aid per pupil and special education categorical aid per pupil.

e. If the State has assumed fiscal responsibility for the tuition of a child in a private educational facility approved by the Department of Education to serve children who are classified as needing special education services, the department shall pay to the Department of Human Services, the Department of Children and Families or the Juvenile Justice Commission, as appropriate, the aid specified in subsection d. of this section and in addition, such aid as required to make the total amount of aid equal to the actual cost of the tuition.

f. In the event that a military-connected child relocates outside of the child’s original district of residence, the parent or guardian shall retain the option to maintain the child’s enrollment in the original district of residence for the remainder of the school year, or to begin enrollment in the new school district in which the family resides.

In the event that a military-connected child relocates outside of the child’s original district of residence during the 11th grade, the parent or guardian shall retain the option to maintain the child’s enrollment in the original district of residence until the child’s graduation from high school, or to begin enrollment in the new school district in which the child resides.

In the event that a military-connected student cannot access temporary living facilities or military installation housing within 30 days of arriving on duty station, the parent or guardian shall have the option to enroll their child in a school that serves families that reside on the military installation within ten days of arrival on duty station.

In the event that a military-connected child resides in a school district that is found to satisfy less than 80 percent of the quality performance indicators in the instruction and program component of school district effectiveness under the New Jersey Quality Single Accountability Continuum, the parent or guardian shall have the option to enroll their child in a school that serves families that reside on the military installation.

As used in this subsection, “military-connected child” means a student enrolled in a public school in the State who is a dependent of:

(1) a member of the armed forces of the United States, including the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force;

(2) a member of the National Guard;

(3) a member of any other reserve component of the armed forces;

(4) retirees and those separated honorably from the armed forces;

(5) a member or veteran who is medically discharged for one year or longer after the date of separation;

(6) a member who perished while on active duty;

(7) a uniformed member of the Commissioned Corps of the National Oceanic and Atmospheric Administration, and United States Public Health Services;

(8) a civilian employee of the Department of Defense; and

(9) a school employee who works in a school district in which federal impact aid makes up a significant portion of the district budget, as determined by the Commissioner of Education, as a result of its proximity to a military installation.

(cf: P.L.2017, c.83, s.1)

3. Section 7 of P.L.2010, c.65 (C.18A:36B-20) is amended to read as follows:

7. a. The parents or guardian of a student shall notify the sending district of the student's intention to participate in the choice program and shall submit an application to the choice district, indicating the school the student wishes to attend, no later than the date specified by the commissioner. To be eligible to participate in the program, a student shall be enrolled at the time of application in grades preschool through 12 in a school of the sending district and have attended school in the sending district for at least one full year immediately preceding enrollment in the choice district, provided that a "sending district" includes any school district that a student in a particular district of residence is required by law to attend. The one-year requirement shall not apply to a student enrolling in preschool or kindergarten in the choice district, if that student has a sibling enrolled in the choice district, or to a military-connected student. Openings in a designated school of a choice district shall be on a space-available basis, and if more applications are received for a designated school than there are spaces available, a lottery shall be held to determine the selection of students. Preference for enrollment may be given to siblings of students who are enrolled in a designated school and military-connected students.

If there is an opening in a designated school of a choice district and there is no student who is enrolled in a sending district who meets the attendance requirements of this subsection, including a student who has been placed on a waiting list based on a lottery held in the choice district, then the choice district may fill that opening with a public school student who does not meet the attendance requirements of this subsection or a nonpublic school student.

b. A choice district may evaluate a prospective student on the student's interest in the program offered by a designated school. The district shall not discriminate in its admission policies or practices on the basis of athletic ability, intellectual aptitude, English language proficiency, status as a person with a disability, status as a military-connected student, or any basis prohibited by State or federal law.

c. A choice district shall not prohibit the enrollment of a student based upon a determination that the additional cost of educating the student would exceed the amount of additional State aid received as a result of the student's enrollment. A choice district may reject the application for enrollment of a student who has been classified as eligible for special education services pursuant to chapter 46 of Title 18A of the New Jersey Statutes if that student's individualized education program could not be implemented in the district, or if the enrollment of that student would require the district to fundamentally alter the nature of its educational program, or would create an undue financial or administrative burden on the district.

d. A student whose application is rejected by a choice district shall be provided with a reason for the rejection in the letter of notice. The appeal of a rejection notice may be made to the commissioner.

e. Once a student is enrolled in a designated school, the student shall not be required to reapply each school year for enrollment in any designated school of the choice district and shall continue to be permitted to be enrolled until graduation. A student shall be permitted to transfer back to a school of the sending district or may apply to a different choice district during the next application period.

f. A choice district shall accept all of the credits earned toward graduation by a student in the schools of the sending district.

g. A choice district shall notify a sending district upon the enrollment of a choice student resident in that district.

h. A military-connected student shall be eligible for admission to any choice district to which the student applies regardless of the capacity of the district if the parent or guardian can provide military orders or other evidence documenting the parent or guardian’s temporary transfer for more than 30 consecutive days.

As used in this section, “military-connected student” means a student enrolled in a public school in the State who is a dependent of:

(1) a member of the armed forces of the United States, including the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force;

(2) a member of the National Guard;

(3) a member of any other reserve component of the armed forces;

(4) retirees and those separated honorably from the armed forces;

(5) a member or veteran who is medically discharged for one year or longer after the date of separation;

(6) a member who perished while on active duty;

(7) a uniformed member of the Commissioned Corps of the National Oceanic and Atmospheric Administration, and United States Public Health Services;

(8) a civilian employee of the Department of Defense; and

(cf: P.L.2017, c.131, s.28)

4. This act shall take effect immediately.

STATEMENT

This bill provides increased flexibility in school district enrollment for military-connected students. As used in the bill, “military-connected student” (or “military-connected child”) means a student enrolled in a public school in the State who is a dependent of:

(1) a member of the armed forces of the United States, including the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force;

(2) a member of the National Guard;

(3) a member of any other reserve component of the armed forces;

(4) retirees and those separated honorably from the armed forces;

(5) a member or veteran who is medically discharged for one year or longer after the date of separation;

(6) a member who perished while on active duty;

(7) a uniformed member of the Commissioned Corps of the National Oceanic and Atmospheric Administration, and United States Public Health Services;

(8) a civilian employee of the Department of Defense; and

The bill provides that in the event that a military-connected child relocates outside of the child’s original district of residence, the parent or guardian will retain the option to maintain the child’s enrollment in the original district of residence for the remainder of the school year, or to begin enrollment in the new school district in which the family resides. Additionally, the bill provides that in the event that a military-connected child relocates outside of the child’s original district of residence during the 11th grade, the parent or guardian will retain the option to maintain the child’s enrollment in the original district of residence until the child’s graduation from high school, or to begin enrollment in the new school district in which the child resides.

The bill also provides that, in the event that a military-connected student cannot access temporary living facilities or military installation housing within 30 days of arriving on duty station, the parent or guardian will have the option to enroll their child in a school that serves families that reside on the military installation within ten days of arrival on duty station. In the event that a military-connected child resides in a school district that is found to satisfy less than 80 percent of the quality performance indicators in the instruction and program component of school district effectiveness under the New Jersey Quality Single Accountability Continuum, the parent or guardian will have the option to enroll their child in a school that serves families that reside on the military installation.

The bill amends the “Interdistrict Public School Choice Program Act” and requires a school district that participates in an inter-local agreement for the enrollment of students provide a military-connected student:

(1) a waiver from any requirement of the agreement that a student reside in a district for a certain length of time before applying for enrollment in a school that is subject to the agreement;

(2) preference for enrollment in a school that is subject to the agreement above other students;

(3) protection from discrimination in its admission policies or practices on the basis of the student’s status as a military-connected student; and