The questions in the registration forms enable the school district to determine a student’s eligibility to attend school in this school district in accordance with New Jersey law. N.J.S.A. 18A:38-1 and N.J.A.C. 6A:22 require that a free public education be provided to students between the ages of 5 and 20, and to certain students under 5 and over 20 as specified in other applicable law, who are:

• Domiciled in the school district, i.e., the child of a parent or guardian, or an adult student, whose permanent home is located within the school district. A home is permanent when the parent, guardian or adult student intends to return to it when absent and has no present intent of moving from it, notwithstanding the existence of homes or residences elsewhere;
• Living with a person, other than the parent or guardian, who is domiciled in the school district and is supporting the student without compensation, as if the student were the person’s own child, because the parent cannot support the child due to family or economic hardship;
• Living with a person domiciled in the school district, other than the parent or guardian, where the parent/guardian is a member of the New Jersey National Guard or the reserve component of the U.S. armed forces and has been ordered into active military service in the U.S. armed forces in time of war or national emergency;
• Living with a parent or guardian who is temporarily residing in the school district;
• The child of a parent or guardian who moves to another school district as the result of being homeless;
• Placed in the home of a school district resident by court order, pursuant to N.J.S.A. 18A:38-2;
• The child of a parent or guardian who previously resided in the school district but is a member of the New Jersey National Guard or the United States reserves and has been ordered to active service in time of war or national emergency, resulting in relocation of the student, pursuant to N.J.S.A. 18A:38-3.b; or
• Residing on federal property within the State, pursuant to N.J.S.A. 18A:38-7.7 et seq.

Definition of Guardian

Guardian means a person to whom a court of competent jurisdiction has awarded guardianship or custody of a child, provided that a residential custody order shall entitle a child to attend school in the residential custodian’s school district subject to a rebuttable presumption that the child is actually living with such custodian; it also means the Department of Children and Families for purposes of N.J.S.A. 18A:38-1.e. A student is entitled to attend school in the district of domicile notwithstanding that the student is qualified to attend school in a different school district as an “affidavit” student or temporary resident.

Factors Not Affecting Eligibility

The following do not affect a student’s eligibility:

• Physical condition of housing or compliance with local housing ordinances or terms of lease;
• Immigration/visa status, except for students holding or seeking a visa (F-1) issued specifically for the purpose of limited study on a tuition basis in a United States public secondary school;
• Absence of a certified copy of birth certificate or other proof of a student’s identity, although a certified copy of birth certificate or other proof of a student’s identity must be provided within 30 days of a student’s initial enrollment, pursuant to N.J.S.A. 18A:36-25.1;
• Absence of student medical information, although actual attendance at school may be deferred as necessary in compliance with rules regarding immunization of students at N.J.A.C. 8:57-4.1 et seq.; and/or
• Absence of a student’s prior educational record, although the initial educational placement of the student may be subject to revision upon receipt of records or further assessment by the school district.

Affidavit Student Eligibility

(Student is living in the school district with someone who is not their parent or guardian)

A student will not be considered ineligible if:

• required sworn statement(s) cannot be obtained, as long as evidence that the underlying requirements of the law are being met is presented;
• evidence is presented that the student has no home or possibility of school attendance other than with a school district resident who is not the student’s parent or guardian and is acting as the student’s sole caretaker and supporter;
• a parent or guardian provides gifts or limited contributions, financial or otherwise, toward the student’s welfare, provided that the resident keeping the student receives no payment or other remuneration from the parent or guardian for the student’s actual housing and support; or
• the school district resident receives Social Security or other similar benefits on the student’s behalf.

It is not necessary that guardianship or custody be obtained before a student will be considered for enrollment on an “affidavit” basis.

Documentation List

The following forms of documentation may demonstrate a student’s eligibility for enrollment in the school district. Particular documentation necessary to demonstrate eligibility under specific provisions in law will be indicated in the appropriate section of the registration form.

Acceptable documentation:

• Property tax bills, deeds, contracts of sale, leases, mortgages, signed letters from landlords, and other evidence of property ownership, tenancy or residency;
• Voter registrations, licenses, permits, financial account information, utility bills, delivery receipts, and other evidence of personal attachment to a particular location;
• Court orders, State agency agreements, and other evidence of court or agency placements or directives;
• Receipts, bills, cancelled checks and other evidence of expenditures demonstrating personal attachment to a particular location or, where applicable, to support of the student;
• Medical reports, counselor or social worker assessments, employment documents, benefit statements, and other evidence of circumstances demonstrating, where applicable, family or economic hardship, or temporary residency;
• Affidavits, certifications and sworn attestations pertaining to statutory criteria for school attendance, from the parent, guardian, person keeping an “affidavit” student, adult student, person(s) with whom a family is living, or others as appropriate;
• Documents pertaining to military status and assignment;
• Any business record or document issued by a governmental entity; and
• Any other form of documentation relevant to demonstrating entitlement to attend school.

Documentation the District is Not Allowed to Request

You will not be asked for any information or document protected from disclosure by law, or pertaining to criteria that are not legitimate bases for determining eligibility to attend school. You may voluntarily disclose any document or information you believe will help establish that the student meets the requirements of law for entitlement to attend school in the school district.

The school district may not, directly or indirectly, require or request:

• Income tax returns;
• Documentation/information relating to citizenship or immigration/visa status, unless the student holds or is applying for an F-1 visa;
• Documentation/information relating to compliance with local housing ordinances or conditions of tenancy; and/or
• Social Security numbers.

Location of Residence/Dwelling

Under New Jersey law, where a dwelling is located within two or more school districts, or bears a mailing address that does not reflect the dwelling’s physical location within a municipality, the school district of domicile for school attendance purposes is that of the municipality to which the resident pays the majority of the property tax for the dwelling, or to which the majority of the property tax for the dwelling in question is paid by the owner of a multi-unit dwelling.

Transportation

No school district is required, as a result of being the school district of residence, including temporary, for school attendance purposes when a student lives with more than one parent in different locations, to provide transportation for a student residing outside the school district for part of the school year, other than transportation based upon the home of the parent domiciled within the school district to the extent required by law.

Initial Determination of Eligiblity

Any initial determination of the student’s eligibility to attend school in the school district is subject to more thorough review and subsequent re-evaluation. Tuition may be assessed if an initially admitted student is later found ineligible to attend school in the school district. If the student is found ineligible, now or later, the district will provide the reason for the decision and instructions on how to appeal.