A5572

An Act concerning the interdistrict public school choice program and amending P.L.2010, c.65.

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

1. Section 8 of P.L.2010, c.65 (C.18A:36B-21) is amended to read as follows:

8. a. (1) The school board of a sending district may adopt a resolution to restrict enrollment of its students in a choice district to a maximum of [10%] 10 percent of the number of students per grade level per year limited by any resolution adopted pursuant to this paragraph and [15%] 15 percent of the total number of students enrolled in the sending district, provided that the resolution shall be subject to approval by the commissioner upon a determination that the resolution is in the best interest of the district's students and that it will not adversely affect the district's programs, services, operations, or fiscal conditions, and that the resolution will not adversely affect or limit the diversity of the remainder of the student population in the district who do not participate in the choice program.

(2) Enrollment restriction percentages adopted by any resolution pursuant to paragraph (1) of this subsection shall not be compounded from year to year and shall be based upon the enrollment counts for the year preceding the sending district's initial year of participation in the choice program, except that in any year of the program in which there is an increase in enrollment, the percentage enrollment restriction may be applied to the increase and the result added to the preceding year's count of students eligible to attend a choice district. If there is a decrease in enrollment at any time during the duration of the program, the number of students eligible to attend a choice district shall be the number of students enrolled in the choice program in the initial year of the district's participation in the program, provided that a student attending a choice district school shall be entitled to remain enrolled in that school until graduation.

(3) The calculation of the enrollment of a sending district shall be based on the enrollment count as reported on the Application for State School Aid in October preceding the school year during which the restriction on enrollment shall be applicable.

b. (1) A choice district shall not be eligible to enroll students on a tuition basis pursuant to N.J.S.18A:38-3 while participating in the interdistrict public school choice program. Any student enrolled on a tuition basis prior to the establishment of the choice program shall be entitled to remain enrolled in the choice district as a choice student.

(2) If the board of education of a school district adopts and submits to the commissioner a board resolution certifying termination of the district’s choice program, any choice student enrolled in the choice district on the date of termination shall be entitled to remain enrolled as a choice student until the district’s terminal grade.

(3) (a) Following the termination of a school district’s choice program and during such time as the district continues to enroll choice students pursuant to paragraph (2) of this subsection, a district may enroll new out-of-district students on a tuition basis pursuant to N.J.S.18A:38-3 in the same grades in which the choice students are enrolled, provided that each student:

(i) transfers from a nonpublic school or was receiving a home school education; or

(ii) is determined to have extraordinary circumstances, upon application by the student’s parent or guardian and approval of the sending district, receiving district, and executive county superintendent.

(b) The board of education of the district shall annually determine the number of out-of-district enrollments to be made available pursuant to this paragraph in each grade based on the district’s capacity.

(cf: P.L.2010, c.65, s.8)

2. This act shall take effect immediately and shall first apply to the first school year beginning after the date of enactment.

STATEMENT

This bill permits a choice district to enroll certain new out-of-district students on a tuition basis following the termination of the district’s choice program.

Under current law, a choice district is prohibited from enrolling students on a tuition basis while participating in the interdistrict public school choice program. The interdistrict public school choice program is a program through which parents may enroll their children in a public school located outside of the school district of residence without paying any costs of tuition.

This bill amends the interdistrict public school choice program law to prohibit a choice district from enrolling students on a tuition basis while enrolling new students in the choice program. The bill codifies current State regulations and practice providing that if the board of education of a school district adopts and submits to the commissioner a board resolution certifying termination of its choice program, any choice student enrolled on the date of termination will be entitled to remain enrolled as a choice student until the district’s terminal grade. The bill permits a school district, following the termination of its choice program and during such time as the district continues to enroll grandfathered choice students, to enroll new out-of-district students on a tuition basis in the same grades in which the choice students are enrolled. The new out-of-district students, however, are required to have:

· transferred from a nonpublic school or was receiving a home school education; or

· been determined to have extraordinary circumstances, upon application by the student’s parent or guardian and approval of the sending district, receiving district, and executive county superintendent.

The bill directs the board of education of the district to annually determine the number of out-of-district enrollments to be made available in each grade based on the district’s capacity.