Protecting Children During Family Crises

 N.J.S.A. 18A:38-1.1 (P.L. 2013 c.231)  Districts must continue to enroll and transport students who move during the academic year when the move is the result of a family crisis.

 Districts will be reimbursed for the additional costs of transporting the student.  The State Board must adopt regulations that include examples of “family crises” in addition to the two provided in the law.

   Student moves during the academic year or while attending a summer school program. The move results from a family crisis (examples) :   Abuse such as domestic violence or sexual abuse; Move due to an uninhabitable home (fire, flood, etc.); or  Disruption of family unit caused by death of parent or guardian.

This law does not apply to students in the following groups, since they are covered by current law:    Students covered under the Federal McKinney-Vento Homelessness Assistance Act; Students placed in resource homes; and Students in domestic violence shelters.

 Parent and district agree the student is eligible ◦ ◦ Parent notifies district and the district requests confirmation from the executive county superintendent (ECS) that student is eligible. If the ECS determines the student is not eligible, the district may not apply for transportation reimbursement and may terminate the student’s enrollment.  ◦ ◦ Parent applies, but district finds the student ineligible ◦ District notifies parent they are ineligible but may appeal to the executive county superintendent (ECS) within 21 days. If parent appeals, the ECS has 30 days to issue a decision. If the ECS finds the student ineligible, the district may assess the parent or guardian the transportation costs incurred during the period of ineligible attendance.

    The district applies to the executive county superintendent (ECS) at the end of the fiscal year.

The ECS reviews application & sends eligible costs to DOE, Division of Administration & Finance. To be eligible, districts must document that the costs: ◦ ◦ Are for students who are required to be transported (remote from school; no reimbursement for courtesy busing) Result from the district’s use of the most efficient and cost effective means available. The Division of Administration & Finance will reimburse the district for the eligible costs less the amount of transportation aid already received for the student.

 Decisions by the ECS may be appealed to the Commissioner.  If the Commissioner determines the student is ineligible, his/her decision must specify who is responsible for the transportation costs incurred during the appeal process.  Nothing in this law prevents districts from admitting students without payment of tuition (per N.J.S.A. 18A:38-3).