Update: The attached advisory, which dates from October 2002, is still valid. Please note, however, that the three Administrative Code citations referenced within it have been, as of October 4, 2004, recodified as N.J.A.C. 6A:22-3.3 (formerly N.J.A.C. 6A:28-2.4(c)), N.J.A.C. 6A:22-3.4(d)2 (formerly N.J.A.C. 6A:28-2.5(d)), and N.J.A.C. 6A:22 (formerly N.J.A.C. 6A:28-2.1 et seq.).
Recently, the Department of Education has received reports that indicate a misunderstanding of new Immigration and Naturalization Service regulations and how these apply to undocumented students seeking to enroll in the public schools.
This has resulted in incidents of students being denied enrollment to public schools on the basis of immigration status.
The attached advisory is intended to clarify this matter so that children may be admitted to New Jersey public schools without regard to their immigration status or that of their parents. It provides a brief explanation of current law and regulations regarding the right of access to the public schools.
The advisory was sent to Chief School Administrators and Charter School Lead Persons in all New Jersey school districts through the county superintendents for distribution to all school principals and others involved in the registration process.