ASSEMBLY, No. 540

STATE OF NEW JERSEY

211th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2004 SESSION

Sponsored by:

Assemblywoman CONNIE MYERS

District 23 (Warren and Hunterdon)

Assemblywoman ALISON LITTELL MCHOSE

District 24 (Sussex, Hunterdon and Morris)

SYNOPSIS

    Permits home-schooled students to participate in the Interdistrict Public School Choice Program.

CURRENT VERSION OF TEXT

    Withdrawn.

An Act concerning the enrollment of certain pupils in the Interdistrict Public School Choice Program and amending P.L.1999, c.413.

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

    1. Section 6 of P.L.1999, c.413 (C.18A:36B-7) is amended to read as follows:

    6. 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 K through 9 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 or shall be home-schooled and applying to enroll in grades 1 through 10 in the choice district. 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.

    b. A choice district may evaluate a prospective student on reasonable criteria, including 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 handicapped person, or any other 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 for each school year and shall continue 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.

(cf: P.L.1999, c.413, s.6)

    2. This act shall take effect immediately and shall first apply to the 2001-2002 school year.

STATEMENT

    This bill permits home-schooled students to participate in the Interdistrict Public School Choice Program and apply for enrollment in grades 1 through 10 in a school of the choice school district. Under the current statute, in order to participate in the choice program, a student must be enrolled at the time of application in grades K through 9 in a school of the sending district and have attended school in that sending district for at least one full year immediately preceding enrollment in the choice district.