New Jersey Department of Education

Governor Phil Murphy • Lt. Governor Tahesha Way

Policy and FAQs

Interdistrict Public School Choice Policy & Frequently Asked Questions

2023-24 Student application cycle

District application process

Choice funding

NJ SMART and ASSA coding of choice students

Enrollment of students who move out of a choice district

Student application process

Choice Student Transportation

 

District application process

Adding specialized choice programs with admission criteria

Q: Can a district have a special program that is open to choice students? Can admission criteria be used to evaluate applicants to the special program?

A: Yes, a district may have a special program that is open to choice students. If a choice district limits admissions to a special choice program with a particular area of concentration, it may evaluate applicants on their interest in the program and it must apply the same admission criteria for all students admitted to the program, whether they are choice or resident students. When developing admissions criteria for a special program, school districts must ensure that the identification methodology used is developmentally appropriate, non-discriminatory and directly related to the programs and services offered. The NJDOE reviews and approves all Choice program admissions criteria that are submitted in the district's original application to the Choice program. If a district wants to change any admissions criteria, it must contact the Choice Program Office.

Expanding or changing approved choice programs

Q: If an approved choice district adds new grades, a new program, or changes their admissions/eligibility criteria, must it submit another application to participate in the choice program?

A: Changes to the distribution of choice seats (within the maximum choice enrollment number approved by the Department) in the approved grades and programs do not require the district to submit an application. A District Application for Amendment of Interdistrict Public School Choice Program is required if the choice district would like to:

  • amend the grade levels that choice students may attend,
  • add a new specialized program that choice students can attend, or
  • amend the selection criteria for an existing specialized program that has been approved to accept choice students. (A specialized program is a program offered by a choice district that uses student selection criteria for admission, in compliance with N.J.S.A. 18A:36B-20.b.)

Any approved amendments will not impact the number of choice seats the Department will approve for the district.

The application is due by July 31 of the school year prior to student enrollment in the new program or grades. Applicants will be notified of approval or denial by August 31 of the school year prior to student enrollment in the new program or grades. An exception will be granted in the 2023-2024 school year: The application amendment deadline will be extended to August 25, 2023. 

Tuition and choice programs

Q: Can a choice district also maintain a tuition program?

A: State statute and regulation governing the existence of both a tuition and choice program in the district are referenced below. If a district has a question about how the choice statute and implementing regulation apply to its specific situation, it is advised to consult the district's attorney to determine whether it can maintain both programs in the district.

The choice statute reference states the following:

"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."

The choice code reference states the following:

"District boards of education may not maintain at the same time both a tuition program pursuant to N.J.S.A. 18A:38-3 and a choice program in the grade levels that the school district has made available to choice students."

Therefore, grades that choice students will attend in future years as they advance in the school/district should be considered "grade levels that the school district has made available to choice students" and should not be included in a tuition program.

Parent-paid tuition programs for non-resident students are not to be confused with district-paid tuition programs (such as special needs programs). District-paid tuition programs can be maintained at the same time as a choice program. 

Note: N.J.S.18A:38-3 has been amended in 2023 to disallow nonresident/nonchoice students from attending a school district without payment of tuition, with some exceptions. According to the new law: “Any person not resident in a school district, if eligible except for residence, may be admitted to the schools of the district with the consent of the board of education upon such terms, and with payment of tuition, as the board prescribes.” This law takes effect immediately. The status of students enrolled as choice is not affected. Therefore, choice districts can accept non-resident/non-choice students if their resident district pays tuition, but they cannot accept non-resident/non-choice students by having the parent pay tuition or allowing the student to enroll tuition-free. 

Process for converting a tuition student to a choice student

Q: Does a tuition student automatically convert to a choice student? What is the process?

A: Conversion from tuition to choice can happen only in the choice district's first year as a choice district. The tuition student does not need to file an application with the choice district. However, the choice district must include the student in their enrollment data submission to the NJDOE in January, and must send a transportation request to the resident district in March. The tuition student should be registered with his/her resident district.

District's commitment to participate in the choice program

Q: Can a district that has submitted an application as a choice district withdraw their application?

A: The district may withdraw its application up until July 30. By statute, the Commissioner has until July 30 to notify a choice district of the approval or disapproval of its application. After July 30, the NJDOE will publicize the districts' participation in the program.

District's parent information center

Q: What must a district provide through the parent information center?

A: All choice districts must establish and maintain a parent information center that disseminates information about the choice program and helps parents in submitting student applications for enrollment. The district must also post information on its choice program on the district's website, including their application and application policies, the timeline, and choice contact information.

Choice funding

Funding choice districts

Q: How are choice students funded?

A: The State pays the choice district the local portion of its adequacy budget (called the "local fair share") in the form of "choice aid," on a per pupil basis, for each choice student. (The resident districts keep the local tax levy collected for students who "choice out," so this funding stays in the resident district.) In year 2 and beyond, any State aid attributable to choice students (also called equalization aid) will also be paid to the choice district. Transportation is provided by the resident/sending district.

Q: When is each district's choice funding determined and when does it become unalterable?

A: The Supplemental Choice Enrollment Data Collection, submitted annually by districts in late January, determines the districts' choice funding for the subsequent fiscal year. Any enrollments beyond the projected enrollment numbers submitted then will not be funded, even for students with NJDOE-approved waiver applications. This choice enrollment data is included in the State Aid Notices to districts, typically sent out in February.

Replacing choice students who decide not to attend or who leave the district after the NJDOE choice data collection deadline in January.

Q: If a choice district loses a choice student after the projected enrollment data has been submitted in January, can the choice district fill that seat with another choice student and receive choice funding for that student?

A: If a funded choice seat becomes available after the choice enrollment data has been submitted to the NJDOE in January, the district may substitute another qualifying student who is already attending the district into the vacant seat or an unfunded choice student (e.g., a resident student who moved and wishes to remain in the district or a student who received a NJDOE-approved waiver) at any time of year. Up until October 14 of the student enrollment year, the district may pull students off its waitlist or accept late applicants (i.e., students who are not currently attending the district). Under these scenarios, the total number of choice seats cannot exceed the NJDOE-approved enrollment maximum, with the exception of students with a NJDOE-approved waiver and a resident student who moved and wishes to complete their year in the district. In all cases, the district will not be funded for more than the enrollment number provided to the NJDOE as of the January choice data submission.

The choice district must notify the resident/sending district as soon as the new choice student accepts enrollment and no later than October 14 (by forwarding a copy of student's Intent to Enroll form, if desired), and send the transportation request. If there are any changes to the transportation needs of accepted students, the choice district must send any new/revised transportation requests to the resident district immediately so the district can seek bids and make any needed changes. If a resident district receives a transportation request after the start of the school year, the district is not expected to seek bids and may offer aid in lieu of transportation to the student. Please read the choice transportation procedures.

Adding unfunded students who are not in the choice program

Q: Can a choice district add unfunded non-choice students and then convert them to choice students in the next application cycle?

A: Unfortunately, no. Every choice district has been given a DOE-approved maximum number of choice seats for which it will be funded. If a district wants to enroll more non-resident students and exceed their choice enrollment maximum, then they may enroll district-funded tuition students outside the choice program. Choice rules do not apply to district-funded tuition students; they would not receive choice funding and would not be treated as choice students. Choice districts that want to take students through this option must receive tuition from the resident district, pursuant to N.J.S.18A:38-3. (The statute was amended in 2023 to disallow nonresident/nonchoice students from attending a school district without payment of tuition, with some exceptions.) To become choice students, these students would need to apply to the choice district for enrollment in the next school year and if they have a choice sibling in the district, they would get enrollment preference (as long as the district policy gives preference to siblings).

If the resident district agrees to pay tuition to the choice district, these non-choice students may attend the choice district, and shall be coded as follows:

    • ASSA: On roll in the district they attend and Received from their resident district.  Reported as Sent by the resident district.
    • NJ SMART: Must use tuition code = 01 if tuition is paid by another school district.  Cannot use tuition codes 05 or 06.

FY2024 district State aid adjustments based on actual choice enrollments

Q: In the district's FY2024 state aid notice, some choice districts experienced a choice aid adjustment from the prebudget year. Explain the reason for the adjustment.

A: This adjustment is the result of the district over-projecting the number of choice students in the prior year and receiving choice funding for them. The October 15 ASSA enrollment count revealed that fewer actual choice students were enrolled than were projected, so the district's choice aid was adjusted in the subsequent budget year.

Discontinuing a district's choice participation

Q: What is the process for a choice district that no longer wants to participate in the choice program?

A: If a district wants to drop its choice status, the board must send a board resolution stating such as documentation (a scan is fine) to the Choice Program Office. The district's status as a choice district may terminate no sooner than the year after its latest year of enrolling or accepting new choice students.

The law requires choice districts to continue to serve its choice students until they leave the district or complete the district's terminal grade.

Once a district's board resolution to terminate its choice program goes into effect, the district will no longer be a choice district and will no longer be authorized to accept any new choice students, regardless of whether or not the new applicants are siblings of current choice students.  However, these students could attend school in the district as non-resident tuition students. 

NJ SMART and ASSA Coding of Choice students

Tuition and district codes

The following provides instructions on proper coding of choice students in NJ SMART and ASSA. Proper coding is essential for district funding and data analysis.

NJ SMART

Use the codes below to code choice students in NJ SMART. Your choice enrollment counts in NJ SMART and October ASSA should match, except in cases where you have accepted "unfunded choice students" (see explanation below). 

DistrictCodeResident is the resident district of the student. The DistrictCodeResident is the district that is financially responsible for the transportation of the choice student, assuming the students meets the transportation eligibility requirements. For District Codes, please refer to:  NJ SMART County District School Code List

SchoolCodeResident is the resident school that a student would attend based on their permanent or other home address. This school code is unique for each school within each district. For School Codes, please refer to the NJ SMART County District School Code List.

Use Tuition code=06 This signifies that the student is a non-resident choice student attending whose tuition is paid by the state.

Use Tuition Code=05 for unfunded choice students: 
The only cases where the district is allowed to enroll choice students above their funded enrollment (as of the choice enrollment data submission in January), and for which the district will not receive choice funding, are as follows: 

  • students who enrolled with a commissioner-approved waiver of the choice application deadline, and
  • resident students who moved out of the choice district during the school year and the students are enrolled in a choice-approved grade or program and want to remain for the rest of the year.

Please refer to the SID Management Data Handbook for more information.

Questions about NJ SMART can be directed to the NJ SMART Help Desk by e-mailing NJSMART@pcgus.com.

ASSA

The ASSA includes pre-loaded data from your school district's October 15 NJ SMART SID Management submission. Your choice enrollment counts in NJ SMART and ASSA should match, except in cases where the district has accepted choice students after your choice enrollment data submission in January (i.e., unfunded choice students--see explanation above).

If your choice enrollment exceeds your NJDOE-approved choice enrollment maximum in the October ASSA report - only in cases where the district is allowed to enroll choice students above their funded enrollment - then you will need to code them as follows: In the ASSA, these students must be counted as "Onroll" and "Received->Misc.-> Other-Tuition Free" (use Tuition Code=05). These choice students will be unfunded.

Read the ASSA Instructions, including the manual, questions and answers, workpapers, and PowerPoint presentation. Contact assa.assa@doe.nj.gov if questions.

Choice students who attend the choice district voc-tech

Q: How is a choice student who attends a vocational school district on a shared time basis to be recorded on the ASSA and NJ SMART and which district is responsible for the tuition to the vocational district?

A: A choice student who attends a choice district for high school may attend the choice district's county vocational school district on a part-time basis and is reported in NJ SMART by the choice district. The student is to be recorded in ASSA as on-roll shared time (.5 in the ASSA) by both the choice district and the vocational school district. The student will be recorded in ASSA as SENT shared-time to the vocational school by the resident district.

The resident district is responsible for any tuition charged by the vocational district.

The resident district is also responsible for transportation to both schools, but it is not required to transport from one school to another.  The resident district is required to transport only from home to school and back from each school.  The mid-day run between schools may be a problem because the resident district does not have a route going to or from the choice school at mid-day. If the choice school has a bus going to the vocational school, possible solutions may include permitting the choice student to ride with their resident students as a courtesy or doing a joint transportation agreement with the resident district.

Q: How is a choice student who attends a vocational school district on a full-time basis to be recorded on the ASSA and NJ SMART and which district is responsible for the tuition to the vocational district?

A: A choice student who attends a choice district for high school may attend the choice district's county vocational school district full-time and is reported in NJ SMART by the vocational district. The student is to be recorded in ASSA as on-roll by the vocational school district. If the resident district is in the same county as the vocational district, the vocational district reports the student on the ASSA.  If the resident district is not in the same county as the vocational district, the student will be recorded in ASSA as SENT to the vocational school by the resident district.

The resident district is responsible for any tuition charged by the vocational district.

The resident district is also responsible for transportation to the voc-tech. The resident district is required to transport only from home to school and back from each school.

Choice students who attend a county special services school district or an out-of-district special education program

Q: How to report a choice student who is attending a county special services school district full-time?  

A: The resident district is financially responsible for the student's tuition. If the choice district receives any choice funding for the student, they must contribute that funding towards the tuition. However, the choice district must continue providing child study team services unless the parents decide to use the resident district’s child study team.

The resident district must submit the student record to NJ SMART and ASSA, and will receive State aid for the student going forward. 

In NJ SMART, the CDS codes are as follows: 

  • Resident School = Resident School
  • Attending School = Out of district school
  • Tuition Code = 01 or leave blank 

Q: How is a choice student who attends a county special services school district on a shared time basis recorded on the ASSA and NJ SMART and which district is responsible for the tuition to the county special services school district?

A: A choice student who attends a county special services school district on a part-time basis is reported in NJ SMART by the choice district. The student is recorded in the ASSA as on-roll shared time (.5 in the ASSA) by both the choice district and the county special services school district. The student will be recorded in ASSA as SENT shared-time to the county special services school district by the resident district.  The county special services school district will report the student as received from the resident district.

The resident district is responsible for any tuition charged by the special services school district.

Choice students who attend shared time at a county special services school district and shared time at a vocational district

Q: How is a choice student who attends shared time at a county special services school district and shared time at a vocational district recorded on the ASSA and NJ SMART and which district is responsible for the tuition to the county special services school district and the vocational district?

A: A choice student who no longer attends school in the choice district and attends a county special services school district on a shared time basis and a vocational district on a shared time basis is reported in NJ SMART by the resident district. (The student is no longer reported by the choice district.) The student is recorded in the ASSA as on-roll shared time (.5 in the ASSA) by both the county special services school district and the vocational district. The student will be recorded in ASSA as sent shared-time to the county special services school district and sent shared time to the vocational district by the resident district.  The county special services school district and the vocational district will report the student as received from the resident district. The resident district is responsible for any tuition charged by the special services school district and the vocational district.

The choice district must continue providing child study team services unless the parents decide to use the resident district's child study team. Since the student will be counted on the resident district's ASSA, the choice district will not receive state aid and will not need to forward the aid to the resident district.

Student application process

Notice of Intent to Participate Form

Q: What is the purpose of the Notice of Intent to Participate form and who should fill it out?

A: By law, a resident district must be informed if a student intends to participate in the choice program. All students must complete the Notice of Intent to Participate form and submit it to their resident district by the deadline listed in the annual Student Application Timeline. The resident district should provide a signed receipt that acknowledges receipt of the form.

Confirmation of Student Enrollment Form

Q: What is the purpose of the Confirmation of Student Enrollment form and who should fill it out?

A: The primary purpose of the Confirmation of Student Enrollment form is to confirm whether applicants are tier 1 or 2. The form should be sent by the choice district to the applicants' current resident districts so they can indicate whether the students are currently enrolled in their district of residence. If the students are currently enrolled in their resident district, they are confirmed as tier 1. If the students are not currently enrolled in the resident district, then they are confirmed to be tier 2. The resident district must verify enrollments for all the students on the list by the date established in the annual Student Application Timeline. Students applying for kindergarten also need to be included, since the resident district will need to verify if it offers, and if the students were enrolled in, their preschool (to confirm tier 1 status).

Choice and Student Athletes

Q: Can a choice district encourage student athletes to apply to their program?

A: No, a choice district cannot recruit or encourage student enrollment based on athletic ability. Similarly, students cannot participate in a choice program for athletic reasons. The New Jersey State Interscholastic Athletic Association (NJSIAA) 30-day transfer rule for varsity athletes applies to choice students as well as to other students attending NJSIAA-member districts. Visit http://njsiaa.org/ to find their Constitution, Rules and Regulations.

Q: What are the policies for student varsity athletes who transfer from their resident school to a choice school?

A: The transfer policy of the New Jersey State Interscholastic Athletic Association (NJSIAA) is meant to discourage the enrollment of students in the choice program for athletic advantage. The NJSIAA has a student transfer policy that applies to students who transfer from one school to another for reasons other than a change of address. The chart below the NJSIAA transfer policy explains how it is applied to choice students.

NJSIAA Transfer Policy:

  • A student-athlete transferring from one secondary school to another, without a bona fide change of residence by that student's parent or guardian, shall be ineligible to participate for a period of thirty (30) calendar days or one half of the maximum number of games allowed in the sport by NJSIAA rules (the ineligibility period) from the beginning of the regular schedule, whichever is less, in any sport in which the student has previously participated at the varsity level.
  • To prevent possible recruitment or transfer for athletic advantage, a Transfer Form must be executed by the two involved schools and filed with the NJSIAA before any interscholastic participation.
  • A student who transfers during the second half of a sports season, regardless of whether the transfer was the result of a bona fide change of residence, shall be ineligible to participate in any post-season championship competition at the new school. The Executive Director of the NJSIAA will annually publish the dates that will define the halfway point of each sports season.
  • Any student who is subject to the 30-day period of ineligibility may nevertheless participate in interscholastic scrimmages at the discretion of the school.

Question

NJSIAA Application of Transfer Rule
  • How do we handle a 9th grader who enrolled in a Choice school straight out of 8th grade?

Considered an initial enrollment; not a transfer
  • What do we do with a Choice student who decides to transfer out of his/her Choice school after the start of the school year to enroll in 9th grade in any other NJSIAA member school, resident school or otherwise?

This is a transfer and student is subject to 30 day sit rule, except if a Choice student transfers back to his or her resident district

Student eligibility criteria for enrollment in choice districts

Q: Can a choice program use criteria for enrollment that is based on student performance, including test scores or grade point?

A: A choice program cannot discriminate in admission policies on the basis of intellectual aptitude. The law states the following: 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 handicapped person, or any basis prohibited by State or federal law. (See 18A:36B-20 Interdistrict School Choice Law)

However, if a choice district limits admissions to a special choice program with a particular area of concentration, it may evaluate prospective students on their interest in the program and it must apply the same admission criteria for all students admitted to the program, whether they are choice or resident students. When developing admissions criteria for a special program, school districts must ensure that the identification methodology used is developmentally appropriate, non-discriminatory and directly related to the programs and services offered. The NJDOE reviews and approves all choice program admissions criteria, which must be submitted in their application to participate in the choice program. If a district wants to change any admissions criteria, it should contact the Choice program office.

Q: Can a choice district use discipline records as enrollment criteria?

A: No, a choice district cannot use discipline records as enrollment criteria.

Student applicants with IEPs

Q: Under what circumstances can a choice district reject an applicant with an IEP?

A: A choice district can reject an applicant who has been classified as eligible for special education services 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.

A student whose application is rejected by a choice district must be provided with a reason for the rejection in the District Notice of Rejection. An appeal of a rejection notice by a parent may be made to the commissioner, through the Bureau of Controversies and Disputes. To learn more about this appeals process, see the Bureau's FAQs.

If the student is deemed eligible for special education services after acceptance but prior to the start of the first school year in the choice district and the district cannot implement the IEP, acceptance into the choice program can be revoked.

Once the applicant has enrolled in the choice district, the district is required to keep the student and ensure that the student's needs for special education services are met—just the same as it would for a resident student: once the student has enrolled, and an IEP is developed that cannot be implemented by the choice district, the district must follow the normal IEP process for out-of-district placement (see N.J.A.C. 6A:14-1, et seq.: 6A:14-2.7 for due process hearings, 6A:14-3.7 for IEP process and 6A:14-4.3 for program options).

Choice students (already attending the choice district) with IEPs

Once a choice student has enrolled in the choice district, the district is required to keep the student and ensure that the student's needs for special education services are met—just the same as it would for a resident student. Any costs to implement the IEP are to be borne by the choice district, with one exception:  if an IEP is developed that cannot be implemented by the choice district and an out-of-district placement is designated, the choice district is only financially responsible for any state aid received for the student and the sending district is responsible for the balance. [See 6A:12-9.1 General provisions (b): The sending district shall maintain fiscal responsibility for any choice student enrolled in or determined to require a private day or residential school, except that the choice district will be required to contribute any State aid received for such a student and the sending district will be responsible for the balance.] For more on out-of-district placements, see below.

Choice students needing out-of-district or private placement

Q: What is the process that the choice district must go through to place a choice student out-of-district in a private placement?

A: For private placements, the district would need to follow the normal IEP process and procedures for due process purposes (see N.J.A.C. 6A:14-1, et seq.: 6A:14-2.7 for due process hearings, 6A:14-3.7 for IEP process and 6A:14-4.3 for program options)

The choice district is responsible for providing the student with special education services once they are enrolled, including evaluations, classification, placement etc., unless the parents decide to use the resident district’s child study team. See 6A:12-9.1 General provisions (b): The sending district shall maintain fiscal responsibility for any choice student enrolled in or determined to require a private day or residential school, except that the choice district will be required to contribute any State aid received for such a student and the sending district will be responsible for the balance.)

The resident district will report the student on the ASSA and receive state aid for the student going forward. However, the choice district must continue providing child study team services unless the parents/guardian decide to use the resident district’s child study team. See NJ SMART and ASSA coding of choice students in FAQ menu above.

Student enrollment procedures for choice students in districts with send-receive agreements or in limited purpose regional districts

Q: If a choice student completes the terminal grade in a choice district with a limited grade span, can the choice student automatically enroll in the receiving district school or a constituent district with a regional high school (including a limited purpose regional district) to which the choice district's resident students are sent as part of a send-receive agreement or a constituent relationship?

A: Any choice student who reaches the terminal grade level of the choice school district either (1) returns to the resident district or to the resident district's receiving school if the receiving school has the requisite grade level; or (2) applies to and is accepted into another choice school district with the requisite grade level. In this second scenario, when a choice student needs to change school districts because they have completed the terminal grade, they must reapply to another choice district with the desired grades.

However, if the choice district in which the choice student has completed the terminal grade has a send-receive agreement or a constituent relationship with a choice district with the requisite grades, the receiving choice district may give enrollment preference to the choice student. If the receiving choice district decides to give enrollment preference to choice students from its sending district, it must develop an acceptance policy that is equitable and defensible. A high school choice district must develop an enrollment policy that states the preferences allowed.

If the student wants to apply to a choice district, the Student Application Timeline and regular application process should be followed:

  • The choice student must fill out the choice application for the choice district.
  • The choice district must notify the resident district of the student's enrollment (via the Student's Notice of Intent to Enroll) by January 12, 2023.
  • The transportation request information for the student must be sent to the resident district by March 15.

Advertising and revising the number of choice seats available

Q: How should a choice district count the number of open/available seats as required in their District Program Profile?

A: A choice district should count all seats for which a student application is required. This excludes any students who will convert automatically to choice students (e.g., tuition students) in its first year as a choice district. It also excludes choice students who are expected to continue to be enrolled in the district in the next year. It includes siblings and students for whom an enrollment preference is given according to the board's enrollment policies (e.g., students from sending schools in send-receive agreements).

Q: How can a choice district revise the number of choice seats it offers in its profile?

A: Districts must provide any edits to their profile through an annual survey in August. District profiles will be updated each fall and posted here: Find a Choice District. Districts must also post their profile on their website for parents to identify and learn about available choice options. Districts should contact pschoice@doe.nj.gov for access to the annual survey.

Q: Must a choice district fill all of the choice seats advertised in its profile, or can the district choose to fill fewer seats?

A: A choice district must fill all of the choice seats advertised in its profile if it receives enough student applications to do so.

Definitions of Tier 1 and Tier 2

Q: Who is eligible for Tier 1 and Tier 2?

A: Tier 1 applicants are students who are enrolled in a NJ public school in their resident school district during the time of application and for the entire year immediately preceding enrollment in a choice district. If a student moved during the school year and attended the resident public school of their old district of residence, they are also considered Tier 1. Charter school students are considered to be Tier 1. In addition, students who qualify as homeless/displaced are considered Tier 1.

To qualify as Tier 1 for kindergarten, an applicant must be attending their resident district preschool, or an applicant is not attending their resident district preschool and has a sibling attending the choice district in the current year and the sibling will continue to be enrolled in the following year. Note: this policy was revised for applicants seeking enrollment in school year 2024-25 and beyond.

Choice districts must first fill their available seats with Tier 1 applicants. If the number of Tier 1 applications exceeds the number of choice seats available, the choice district must hold a lottery to randomly select students. 

Tier 2 applicants include NJ residents who have not attended their resident public school for the entire year immediately prior to enrollment in the desired choice district and do not otherwise meet the requirements for Tier 1. This includes students who have been attending public school outside their districts of residence or private school or are being home-schooled. Tier 2 applicants also include students applying for kindergarten who are not attending their resident district perschool and do not have a sibling attending the choice district in the current year.

Choice districts are not obligated to accept Tier 2 applicants. If a choice district accepts Tier 2 applicants, they may do so only after all of the qualified Tier 1 applicants have been accepted. If the number of Tier 2 applications exceeds the number of choice seats available, the choice district must hold a Tier 2 lottery to select students and assign them numbers on a waitlist.

Tier 1 v tier 2 status for students entering kindergarten

Q: When is a student applying for enrollment in a choice program for kindergarten considered tier 1?

A: There are two categories of students that will be tier 1 when applying to a choice program for kindergarten:

  1. The student is attending their resident district preschool.
  2. The student has a sibling attending the choice district in the current year and the sibling will continue to be enrolled in the following year.

Application process for students who are enrolled in a charter school

Q: What is the application process for students who are enrolled in a charter school?

A: Charter school students are considered to be tier 1 in terms of their choice district application status. Either the chief school administrator of the charter school or the resident district superintendent should get the Confirmation of Enrollment for verification as Tier 1 from the choice district and verify it. Visit the Student Application Process.

Handling preferences

Q: How are preferences handled in the application process?

A: Choice districts may give enrollment preference in the application process to applicants in the following circumstances (the district must post its enrollment policies on its website):

  • Applicants with a sibling who is a currently enrolled choice student and who will continue to be enrolled in the following year
  • Choice students who have completed the terminal grade of the sending district (i.e., choice students who attend a choice district with grades that terminate before 12th grade and with a natural progression to another choice district)
  • Resident students of the choice district who move out of the district and want to remain in the choice district for the next school year

Choice applicants with enrollment preference can only enroll in a choice-approved grade/program and must meet any program-specific criteria. They are also subject to any space limits set by the district.

Applicants granted enrollment preference are to be put ahead of Tier 1 applicants and should not be entered into a lottery with Tier 1 applicants. If the district has established its own enrollment limits and there are more enrollment preference applicants than open seats, the district may hold a lottery to determine enrollment selection.

Sibling preference

Q: How does sibling preference work?

A: The district may give enrollment preference to applicants with a sibling who is a currently enrolled choice student and who will continue to be enrolled in the following year, provided the sibling preference applicant will enroll in a choice-approved grade/program and they meet any program-specific criteria and the district has determined that a seat is available in the desired grade. The choice district will receive special dispensation (i.e., additional choice seats above the NJDOE-approved enrollment maximum) for sibling preference applicants who apply by the application deadline, so it is imperative that all choice families be notified to submit applications for siblings by the December deadline.

For tier 1 applicants who are siblings, but do not have a sibling currently enrolled in the choice district:  a choice district may give enrollment preference to siblings applying to the choice program in the same year, in accordance with board policy, such that if one sibling applicant is admitted to the choice program, their sibling will also be admitted, provided that a choice seat is available in that grade and they meet any program-specific criteria. The NJDOE will not provide special dispensation (i.e., additional seats above the NJDOE-approved enrollment maximum) for these sibling applicants, except in the case of twins (see below). If a choice district develops a board policy granting this type of preference to sibling applicants, it must devise a lottery that is fair and equitable.

A choice district that selects one twin applicant for enrollment, but is unable to select the other twin applicant due to their maximum enrollment cap, may request special dispensation from the NJDOE so that both twins can be enrolled in the choice program, provided the district has a seat available in that grade and both applicants meet any program-specific criteria. The district must have an enrollment preference policy for siblings that is posted on their "Choice Program Profile", available on the Find a Choice District webpage.

Special dispensation (i.e., additional seats above the NJDOE-approved choice enrollment maximum) for choice applicants with a sibling who is a currently enrolled choice student: The choice program office will reach out to all choice districts immediately after the December application deadline with instructions on submitting their application data, including applicants with siblings who are currently enrolled choice students, to determine if special dispensation is needed. Choice applicants who miss the December application deadline and the deadline to receive special dispensation may not be able to enroll as choice students in the subsequent year. However, if the choice district want to accommodate them, the district can either add them to their waitlist or can request that they complete a waiver of the application deadlines. Note: After the district's choice enrollment data submission in January, the district’s choice data will be finalized for the subsequent year. 

Conducting lotteries

Q: What are the requirements for conducting lotteries?

A: When a choice district receives more tier 1 and tier 2 applications (if the districts accepts tier 2 applicants, pursuant to their stated choice policies) than there are spaces available, the choice district must hold a public lottery to determine which students may participate in the choice program. The tier 1 and tier 2 lotteries should be conducted separately. Tier 1 applicants always receive choice seats and are placed on the waitlist before tier 2 applicants. The following processes are required:

  • Before conducting the lottery or lotteries, the choice district may give enrollment preference to:
       1. applicants with siblings already enrolled in and attending the choice district and the sibling will continue to be enrolled in the following year, and
       2. choice students attending a district with which it has a send-receive or constituent relationship.
    These students do not need to be entered into the lottery, unless there are more "preferred" students than there are available seats.
  • A public lottery is open to the public and information, notice, and the conduct of the lottery should be made in accordance with the requirements of the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
  • The choice district must assign a number to each student participating in the lottery or lotteries and notify the parent or guardian of the lottery process, the date and time it will be held, and what number has been assigned to the applicant.
  • The choice district must develop a waiting list for those students not selected for admission in the lottery or lotteries and must let the families know the student's number on the waiting list. Students in the tier 2 lottery (if applicable) should be added to the waitlist after the students in the tier 1 lottery. 
  • When selecting students from the waitlist, the district may consider classroom/program capacity.

Student applications received after the deadline do not go into the lottery; rather, the applicants are added to the waitlist in the order in which they are received, after applicants that were put in the lottery.

For some helpful hints on how one choice district conducts its lottery, please visit "Resources."

Q: What types of public lotteries can be held?

A: Here are two examples of types of lotteries that districts may choose to use:
Group lottery: Applications for all grade levels are combined into one group lottery. Students' names/numbers are drawn randomly and seats are filled according to the grade-levels of the applicants and the seat availability in the grades. A waitlist is created for all applicants whose names/numbers are drawn after the seats have been filled.

Tiered or grade-level lottery: One or more grade levels are given priority in the lottery process. For each grade-level that is given priority by the district, a separate lottery is held. In other words, all applicants for the same priority grade-level are pooled and names are randomly drawn. Once available seats for the priority grade are filled and a waitlist is created, another lottery for the next priority grade level is held. Once all priority grade level lotteries have been held and waitlists are created, the remaining applications for the non-priority grades levels can be grouped into a group lottery.

Q: During the lottery, the district selected one student, but their sibling was not selected.  We have reached our NJDOE-approved choice enrollment maximum with the one student being selected.  Are we able to take the sibling although this would put us over our choice enrollment maximum?  We do have a sibling preference policy.

A: If there are siblings in the lottery (with no sibling currently enrolled in the district as a choice student), and only one of the siblings is selected in the lottery, the district can offer the selected sibling a choice seat, add their unselected sibling to the waitlist, and notify the family of the situation. If the family declines the acceptance of the selected sibling, the district can move to the next person on the waitlist.

Choice enrollment data deadlines and adding choice seats

Q: Can a choice district add additional choice seats/students after the Jan. choice enrollment data submission deadline if it has not reached its NJDOE-approved enrollment maximum?

A: No additional choice students can be added after the January projected choice enrollment data submission deadline, with the following two exceptions:

  1. Students who receive a waiver of the application deadlines may be enrolled at any time and may exceed the district's approved enrollment maximum.
  2. Resident students who move out of the choice district during the school year and are enrolled in a choice-approved grade or program and want to remain in the district for the rest of the year

The district will only be funded in the subsequent year up to the projected choice enrollment number submitted to the NJDOE in January.

Accepting late applications

Q: Can choice districts continue to accept student applications after the application deadline?

A: Student applications received after the deadline must be added to the waitlist in the order in which they are received.

The total number of choice seats cannot exceed the NJDOE-approved enrollment maximum, as submitted in the January "Supplemental Choice" data application, with the exception of students with a NJDOE-approved waiver and a resident student who moved and wishes to complete their year in the district. Students who meet either of these two exceptions can enroll in the choice district at any time of year. 

If the choice district has open/unfilled choice seats, it may add new students and/or accommodate late applicants up to their approved choice enrollment maximum until October 14 of the enrollment year. No additional choice students can be added after this date, with the following two exceptions:

  • Districts that accept students who receive a waiver of the application deadlines may enroll them at any time and may exceed the district's approved enrollment maximum. Students with approved waivers can "bump" students on the waitlist and may be accommodated even if the district exceeds its approved enrollment maximum.
  • A resident student who moved and wishes to complete their year in the district. 

In all cases, the district will not be funded for more than the projected choice enrollment number submitted to the NJDOE in the January "Supplemental Choice" data submission. 

The choice district must notify the resident/sending district as soon as the new choice student accepts enrollment (forwarding the new student's Intent to Enroll form, if desired) and send the transportation request, if transportation services are needed. If there are any changes to the transportation needs of accepted students, the choice district must send any new/revised transportation requests to the resident district immediately so the district can seek bids and make any needed changes. If a resident district receives a transportation request after the start of the school year for an eligible student (within 20 mile limit), the district is not expected to seek bids and may offer aid in lieu of transportation to the student. Please read the choice transportation procedures.

Application denials

Q: Under what circumstances can a choice district reject applicants? What process must a district follow?

A: The circumstances warranting rejection of an applicant who meets the eligibility requirements are limited, according to statute:

18A:36B-20 Applications by student to choice district. 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.

A student whose application is rejected by a choice district must be provided with a written reason for the rejection in the Notice of Rejection.

The appeal of a rejection notice may be made by parents to the Commissioner, through the Bureau of Controversies and Disputes. To learn more about this appeals process, see the Bureau's FAQs. The code for appeals can be found here: http://www.state.nj.us/education/code/current/title6a/chap3.pdf and http://www.state.nj.us/education/code/current/title6a/chap4.pdf

Resident district notification from nonpublic school students

Q: What must a student who is in a nonpublic school file with their resident district if they apply to or are accepted into a choice district?

A: All nonpublic and public school students in the state must be registered with their resident district, in accordance with N.J.S.A. 18A:38-1, et seq., and N.J.A.C. 6A:22-1.1, et seq., so nonpublic school students intending to enroll in a choice district should register with their resident district. If the student receives a Notice of Conditional Acceptance in the choice program and sends the Notice of Intent to Enroll to the choice district, it is the responsibility of the choice district to send enrollment notification to the student's resident district, as per the Student Application Timeline. The choice district must also send the transportation requests for all their enrolled students to the resident district by March 15.

Enrollment of students who move from a choice district

Q: If a resident or choice student is enrolled in a choice district and that student moves, can the student stay in the choice district for the remainder of the current school year?

A: If a resident or choice student moves while enrolled in a choice district, the parents/guardians of the student decide if he/she will stay for the remainder of the current school year. In this situation, the student becomes an “unfunded choice student” for the remainder of the school year. (See ASSA and NJ SMART coding FAQ.) However, the student's status for the subsequent year depends on additional factors. Please read the following FAQs.

Resident students who move from a choice district

Q: If a resident student is enrolled in a choice district and that student moves, can the student stay in the choice district? What are the processes that the student and district must undertake for budgeting and reporting?

A: In the case where a resident student moves out of a choice district during the school year and the student is enrolled in a choice-approved grade or program, the parents/guardians of the student make the decision to remain in the choice district until the end of the current school year or move the student to the new resident district. If the student remains in the choice district, the student becomes a temporary "unfunded choice student" for the remainder of the school year and the new resident district then becomes responsible for providing transportation for the student, in accordance with choice transportation procedures.

The following process should be used by the choice district:

  • The student must register with his/her new resident district and show proof of residence.
  • The transportation request information for the student must be sent to the resident district as soon as the resident status changes and transportation services are needed. If a resident district receives a transportation request after the start of the school year, the district is not expected to seek bids and may offer aid in lieu of transportation to the student. Please read the choice transportation procedures.
  • In the ASSA these students must be counted as "Onroll" and "Received->Misc.-> Other-Tuition Free". These students should not be counted as "Onroll-Choice" students.
  • In NJSMART these students must be coded as "resident" in their home district and "received/attending" in the choice district utilizing TUITIONCODE = 05 "Tuition Free." (Tuition Code 05 should be used when reporting unfunded choice students and any exception that is described in NJSA 18:A:38.3b.)

Q: What happens to this student in the subsequent year—will he/she be allowed to remain in the district as a choice student?

A:  Resident students who move before the application deadline need to apply for a choice seat just like other choice applicants. However, the district can give them enrollment preference and accept them ahead of other applicants, provided there are choice seats available in the choice-approved grades/programs and the students meet any program-specific criteria. No special enrollment dispensation (i.e., additional choice seats above the NJDOE –approved choice enrollment maximum) will be provided for these students – the district cannot automatically convert/roll them over to choice status. If enrollment preference is granted, this policy needs to be clearly posted on the district's website.

Resident students who move after the application deadline may apply as late applicants. Districts may adopt a policy to add these students to the front of the district's waitlist, provided the students will enroll in a choice-approved grade/program and they meet any program-specific criteria. However, no additional choice seats above the maximum will be approved by the NJDOE to accommodate these students. The district must post their student enrollment policies on their website and include on the choice website.

Choice students who move from a choice district

Q: If a choice student is enrolled in a choice district and that student moves, can the student stay in the choice district the following year? What are the processes that the student and district must undertake for budgeting and reporting?

A: If a choice student is attending school in a choice district and moves to another district, that choice student is eligible to remain in the choice district as a choice student without application. The new resident district then becomes responsible for providing transportation.
The following process should be used:

  • The student must register with their new resident district to let the district know that they are a resident of the district.
  • The transportation request information for the student must be sent to the resident district as soon as the resident status changes and transportation services are needed.
  • The old resident district must be notified that transportation services are no longer required.

Student's commitment to participate in a choice program

Q: Is the Student's Notice of Intent to Enroll in the Choice District binding, and do students/families have to make a commitment to attend the choice district for a year?

A: Although we discourage applicants to choice programs from changing their mind after they have returned the Notice of Intent to Enroll, there is no penalty for students who later decide not to participate in a choice program or leave the choice district after acceptance. There is also no restriction on students enrolling in their resident district at any time. We encourage choice students to uphold their commitment and remain in their choice district until the terminating grade.

Choice districts may set a deadline for registration for new choice students; if a newly accepted choice student does not register by the publicized deadline, then the district can revoke acceptance and notify the next applicant on the waitlist of conditional acceptance.

Student Application Deadline Waiver

Q: Can a student apply to attend a choice district during the current school year if the choice district agrees to accommodate the student?

A: According to the NJDOE school choice code: "A choice student applicant may seek from the Commissioner by a showing of good cause a waiver of the student application deadlines" in order to seek immediate enrollment in the current school year. (See the Q&A below and the waiver of the application deadlines.) Parents/guardians must request a waiver from the Commissioner by sending an email to the choice program office.

Students with approved waivers can "bump" students on waitlists and may be accommodated even if the district exceeds its approved enrollment maximum.

Q: What constitutes "good cause," whereby a student may be granted a waiver from the application deadline from the Commissioner?

A: Waivers will be granted by the Commissioner only if there is a compelling reason. Waivers will not be granted for "convenience" reasons such as missing the application deadline. Please refer to the waiver of the application deadlines.

Q: How will does a choice waiver work—will a student who is granted a waiver be funded through the choice program?

A: Students who receive a commissioner-approved waiver are an exception to a district's NJDOE-approved choice enrollment maximum. If a district accepts a student with a waiver, the NJDOE will increase the district's enrollment maximum if there is not an available choice seats to accommodate the student. However, choice funding for that student depends on when the student is enrolled. If the student is enrolled before the NJDOE choice enrollment data collection in January, then the district will receive choice funding for that additional student in the upcoming fiscal year. If the student is enrolled after the NJDOE choice enrollment data collection in January, the district will not receive funding for that student in the upcoming fiscal year but will receive funding in subsequent years.

Resident district limits on the number of students who can participate in the choice program

Q: Can a resident district limit the number of students that can participate in the choice program?

A: There are currently no districts that have been granted approval to limit the number of students that can participate in the choice program. While the choice law does provide for special circumstances whereby a resident district can limit the number of its students that can participate in the choice program, Commissioner approval is required. Read the Guidance for Districts Seeking Approval of Board Resolutions Limiting Student Participation in the Interdistrict School Choice Program.

Choice program enrollment for children of district staff

Q: Can children of district staff be given preference for available school choice seats?

A: No, the district cannot give choice enrollment preference to employee's children. They will have to go into your choice program lottery. However, if a teaching staff member's children do not become choice students through the application process (i.e., they are not selected through the lottery or the district does not have open choice seats for them), they may attend the district pursuant to N.J.S.A. 18A:38-3c. as children of teaching staff members (explained below), which is outside the choice program.

Q. What are our options to allow children of teaching staff to attend our choice schools?  What funding would the district be eligible for?  What codes would need to be used for ASSA and NJSMART reporting? Are the families eligible for transportation reimbursement?

A: Any children of teaching staff who already attend a choice district tuition-free cannot convert automatically to choice status. To become choice students, they must apply to the choice program and be admitted just like any other choice student applicants.

If the teachers' children do not become choice students through the application process (i.e., they are not selected through the lottery or the district does not have open choice seats for them), they may attend the district pursuant to N.J.S.A. 18A:38-3c. as children of teaching staff members (explained below), which is outside the choice program.

Children of teaching staff members:

For teaching staff children who are not accepted as choice students, the school district may still allow them to attend pursuant to N.J.S.A. 18A:38-3c. as children of teaching staff members. The district must adopt a policy (or CBA) to accept children of teaching staff without payment of tuition. Choice rules do not apply to these students: they would not receive choice funding and would not be treated like choice students (e.g., they would not be eligible for transportation services). Here's how to account for them in NJ SMART and ASSA:

  • In NJ SMART and the ASSA, children of a teaching staff member should be coded as "resident" in their home district and "received/attending" in the choice district utilizing TUITIONCODE = 04. The School Funding Reform Act (SFRA) allows non-resident students of teaching staff attending school pursuant to board policy or the CBA to be treated as resident students for state funding. 

Homeless and displaced students

Q: Can students who are homeless or displaced participate in the choice program?

A: Yes, with the exception noted below. The process is the same as it is for any choice applicant, except that there is additional flexibility for students who are homeless. Parents/guardians who want to participate in the choice program may follow these steps:

Step 1. Contact choice districts to determine whether a seat is available.  Find a list of all participating choice districts, their contact information and a description of their programs.

Step 2. If a choice seat is available, the student may be enrolled immediately, waiving the Oct 14 deadline for enrollment in the current school year.  If a choice seat is not available, the parent/guardian may apply for enrollment in the choice district for the following school year as a tier 1 student. The student would then enroll in the school in their local attendance area, or if desired, a charter school, for the current school year.

Exception: Homeless students have special rights regarding continued enrollment in their home district. The home district is required to allow them to attend as long as their status remains homeless, and in future years, based on the needs and desires of the family (in consultation with the district’s McKinney Vento representative). There is no expiration date for homelessness when it comes to the homeless student being entitled to continue enrollment in the home district (though the payment of tuition may shift from the home district to the State if the family is domiciled outside the home district but chooses to continue enrollment in the home district) Therefore, homeless students are not eligible to apply as nonresidents of their home district.

Out of state tuition students

Q: Can out of state students attend a choice district?

A: Regulation 6A:12-2.2(c) states that students residing out of state may not participate in the choice program.  And choice districts are not allowed to accept parent-paid tuition students.

Q: Can an out of state teacher's child attend a choice district, either as a tuition or a choice student?

A: 6A:12-2.2(c) states that students residing out of state may not participate in the choice program. The district may develop a policy that allows nonresident children of teachers the right to attend school without tuition, but this would be outside the choice statute.


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