Legal Memorandum: Eligibility to Attend Public School in NJ

Issue: What are the parameters that determine where a child is eligible to attend public school in New Jersey?

Area of Law: Education Law
Keywords: Child's eligibity; Public school; Domicile
Jurisdiction: New Jersey
Cited Cases: 60 N.J. 259; 70 N.J. 72; 605 A.2d 279; 357 A.2d 753
Cited Statutes: § 6A:22-3.1; N.J.S.A. 18A:38-1; N.J.S.A. 18A:38-1(b); N.J.S.A. 18A:38-1(d); N.J.A.C. 6A:22-3.4(a); N.J.A.C. 6A:22-3.4(b); N.J.A.C. 6A:22-3.4(c)
Date: 07/01/2012

New Jersey law prescribing where a child is eligible to attend public school, as set forth in the New Jersey Administrative Code, is based on the child’s domicile.

§ 6A:22-3.1  Students domiciled within the school district


            (a) A student over five and under 20 years of age pursuant to N.J.S.A. 18A:38-1, or such younger or older student as is otherwise entitled by law to free public education, is eligible to attend school in a school district if the student is domiciled within the district.


            1. A student is domiciled in the school district when he or she is the child of a parent or guardian whose permanent home is located within the school district.  A home is permanent when the parent or guardian intends to return to it when absent and has no present intent of moving from it, notwithstanding the existence of homes or residences elsewhere.


            i. Where a student’s parents or guardians are domiciled within different school districts, and where there is no court order or written agreement between the parents designating the school district for school attendance, the student’s domicile is the school district of the parent or guardian with whom the student lives for the majority of the school year, regardless of which parent has legal custody.


            ii. Where a student’s physical custody is shared on an […]


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