A5233

An Act establishing the “PLYLER Act,” supplementing chapter 38 of Title 18A of the New Jersey Statutes, and amending various parts of the statutory law.

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

1. (New section) Sections 1 through 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the “Protecting Legally-Present Youngsters’ Limited Educational Resources (PLYLER) Act.”

2. (New section) The Legislature finds and declares that:

a. In Plyler v. Doe, 457 U.S. 202 (1982), the United States Supreme Court held that illegal alien children living in the United States could not be excluded from a free public education based upon their immigration status.

b. The Plyler decision circumvents the states’ authority over education. The Tenth Amendment to the United States Constitution provides: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

c. In fact, the United States Supreme Court’s earlier decision in San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1 (1973), held that education is not a fundamental right afforded explicit or implicit protection under the United States Constitution.

d. The Tenth Amendment, coupled with the Rodriguez decision, makes clear that individual states are best suited to determine the educational needs of their state and citizenry.

e. Unlike the United States Constitution, the New Jersey Constitution requires the Legislature to provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and 18 years. But this constitutional mandate has never been understood to extend beyond the citizens of the State, those who are legally residing here.

f. According to the Migration Policy Institute, there were approximately 28,000 illegal alien children enrolled in State public schools in 2019.

g. While illegal alien children enjoy the benefit of free public education, their parents often do not pay their full tax responsibility.

h. The illegal alien population of New Jersey has exponentially grown since the Plyler decision. According to the United States Department of Homeland Security, in 1990, 95,000 illegal aliens resided in the State; in 2000, the number grew to 221,000; and in 2023, 892,000 of the State’s residents are illegal aliens.

i. As a result, the Plyler decision has cost the State billions of dollars, negatively impacting the State’s publicly funded education system.

j. It is altogether fitting and proper for the Legislature to exercise its reserved powers, challenge the outdated Plyler decision, utilize public funds for United States citizens, and remove the burden of educating illegal alien children from New Jersey taxpayers.

3. (New section) a. Notwithstanding any other law, rule, or regulation to the contrary, a board of education shall condition enrollment in the schools of the district on the receipt of documentation establishing that a child:

(1) is a citizen of the United States;

(2) is in the process of obtaining citizenship; or

(3) holds legal immigration or visa status.

b. Any child who is unable to submit documentation to satisfy the requirement established pursuant to subsection a. of this section shall be admitted to the schools of the district with the annual payment of tuition, as the board prescribes pursuant to subsection c. of this section, until documentation establishing the requirements of subsection a. of this section is provided.

c. Each board of education, with the approval of the executive county superintendent, shall annually establish a uniform tuition amount for any child admitted to the schools of the district pursuant to this section. The uniform tuition amount shall:

(1) be no less than $1,000 per school year;

(2) not exceed the actual cost per pupil as determined pursuant to rules prescribed by the Commissioner of Education and approved by the State Board of Education; and

(3) be paid by the parent or guardian of the child in full prior to the first day the child is scheduled to attend a school in the district.

d. For School Report Cards issued pursuant to section 2 of P.L.1995, c.235 (C.18A:7E-2), a board of education shall report the number and percentage of students who pay tuition to attend a school in the district, and the amount of tuition collected each year pursuant to this section.

e. A board of education shall post the information reported pursuant to subsection d. of this section at an easily accessible location on the board’s Internet website and on each school of the district’s Internet website.

4. Section 3 of P.L.1995, c.235 (C.18A:7E-3) is amended to read as follows:

3. Report cards issued pursuant to section 2 of P.L.1995, c.235 (C.18A:7E-2) shall include, but not be limited to, the following information for:

a. the school district and for each school within the district, as appropriate:

(1) results of the elementary assessment programs;

(2) results of the Early Warning Test;

(3) results of the High School Proficiency Test;

(4) daily attendance records for students and professional staff;

(5) student graduation and dropout rates;

(6) annual student scores on the Scholastic Aptitude Test;

(7) total student enrollment, including: the number and percentage of students who pay tuition to attend a school in the district pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill); the percentage of limited English proficient students[,] ; the percentage of students in advanced placement courses[,]; and any other school characteristics which the commissioner deems appropriate;

(8) instructional resources including teacher/student ratio, average class size and amount of instructional time per day, as calculated by formulas specified by the commissioner;

(9) a written narrative by the school principal or a designee which describes any special achievements, events, problems or initiatives of the school or district;

(10) data identifying the number and nature of all reports of harassment, intimidation, or bullying;

(11) indicators of student career readiness;

(12) the number and percentage of students who were chronically absent, as defined in rules and regulations promulgated by the Commissioner of Education within 90 days of the effective date of P.L.2018, c.23 (C.18A:38-25.1 et al.), including the number and percentage of students who were chronically absent disaggregated by multiple student subgroups to be determined by the commissioner;

(13) the number, percentage, and demographics, including race, gender, disability, grade level, and eligibility for free or reduced-price lunch under the National School Lunch Program, of students who received one or more suspensions or expulsions or who were reported to or arrested by law enforcement, by category of offense, pursuant to the provisions of the Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials; [and]

(14) the number of school psychologists, school counselors, social workers, student assistance coordinators, and other mental health professionals employed by, or under contract with, the school district to provide mental health services to students, and the ratio of students to the total number of mental health professionals providing services in the school and the district; [and]

(15) the number of school safety specialists; and

(16) the amount of tuition collected each year pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

b. the school district, as appropriate:

(1) per pupil expenditures and State aid ratio;

(2) percent of budget allocated for salaries and benefits of administrative personnel;

(3) percent of budget allocated for salaries and benefits of teachers;

(4) percentage increase over the previous year for salaries and benefits of administrative and instructional personnel;

(5) the number of administrative personnel and the ratio of administrative personnel to instructional personnel;

(6) a profile of the most recent graduating class concerning their educational or employment plans following graduation; and

(7) any other information which the commissioner deems appropriate.

For the purposes of this section, the [Commissioner of Education] commissioner shall establish a uniform methodology for the reporting of the data concerning administrative personnel on a full-time equivalent basis.

(cf: P.L.2021, c.387, s.1)

5. N.J.S.18A:38-1 is amended to read as follows:

18A:38-1. Public schools shall be free to the following persons over five and under 20 years of age:

a. Any person who is a citizen of the United States, in the process of obtaining citizenship, or holds legal immigration or visa status, and 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] the other person gratis as if he were [such] like the other person's own child, upon filing by [such] the 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) If the superintendent or administrative principal of a school district finds that the parent or guardian of a child who 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 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 him gratis as if the child was the person's own child as provided for in paragraph (1) of this subsection, the board may 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 removed from school during the 21-day period in which the parent 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 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] that 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;

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;

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

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). On or before December 31 of each year, a public school shall report to the Office of Homelessness Prevention in the Department of Community Affairs an accounting of each instance in which the public school is made aware that a student enrolled in the public school because the student's parent or guardian moved from one school district to another school district as a result of being homeless.

(cf: P.L.2019, c.73, s.4)

6. Section 1 of P.L.2015, c.161 (C.18A:38-1.3) is amended to read as follows:

1. a. In the case of a dispute between a school district and the parents or guardians of a student in regard to a student's eligibility to enroll in the district or to remain enrolled in the district pursuant to the provisions of N.J.S.18A:38-1, the school district may request from the New Jersey Motor Vehicle Commission the parent or guardian's name and address for use in verifying a student's eligibility for enrollment in the school district.

b. The New Jersey Motor Vehicle Commission shall disclose to a school district the information requested pursuant to subsection a. of this section in accordance with procedures established by the commission.

c. A school district shall not condition enrollment in the district on [immigration status or on] the fact that the commission does not have the name or address of the parent or guardian on file.

(cf: P.L.2019, c.310, s.1)

7. N.J.S.18A:38-5.1 is amended to read as follows:

18A:38-5.1. No child between the ages of four and 20 years shall be excluded from any public school on account of his race, creed, color, national origin, ancestry, or other protected category under subsection f. of section 11 of P.L.1945, c.169 (C.10:5-12), or immigration status except that this provision shall not be construed to limit the enrollment conditions established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). A member of any board of education who shall vote to exclude from any public school any child, on account of his race, creed, color, national origin, ancestry, or other protected category under subsection f. of section 11 of P.L.1945, c.169 (C.10:5-12), or immigration status except that this provision shall not be construed to limit the enrollment conditions established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be guilty of a disorderly persons offense.

(cf: P.L.2019, c.311, s.1)

8. This act shall take effect immediately and shall first apply to the first full school year following the date of enactment.

STATEMENT

This bill, entitled the “Protecting Legally-Present Youngsters’ Limited Educational Resources (PLYLER) Act,” provides that the State’s free public schools are for U.S. citizens. It further requires students who are not United States citizens, in the process of obtaining citizenship, or holding legal immigration or visa status to pay tuition to attend a public school.

The bill requires a board of education to condition enrollment in the schools of the district on the receipt of documentation establishing a child is a citizen of the United States, is in the process of obtaining citizenship, or holds legal immigration or visa status. If the documentation is not provided, the child is required to be admitted to the schools of the district with the annual payment of tuition.

Each board of education, with the approval of the executive county superintendent, is required to establish a uniform tuition amount. Under the bill, the uniform tuition amount is:

· not to be less than $1,000 per school year;

· not to exceed the actual cost per pupil as annually established by the Commissioner of Education and approved by the State Board of Education; and

· required to be paid by the parent or guardian of the child in full prior to the first day the child is scheduled to attend a school in the district.

The bill further requires the board of education to report through the School Report Card Program the number and percentage of students who pay tuition to attend a school in the district for failing to establish the citizenship requirement established under the bill, and amount of tuition collected each year. Additionally, the bill amends various sections of current law to comply with the citizenship requirement established under the bill.

This bill directly challenges the constitutionality of the Plyler v. Doe decision. In Plyler, the United States Supreme Court held that illegal alien children living in the United States could not be excluded from a free public education if offered to legal resident children. The Plyler decision circumvents the states’ authority over education and has cost the State billions of dollars as illegal alien children benefit from a free public education, but their parents often do not pay their full tax responsibility. It is the sponsor’s intent to authorize the Legislature to exercise its reserved powers, challenge the outdated Plyler decision, utilize public funds for United States citizens, and remove the burden of educating illegal alien children from New Jersey taxpayers.