Sponsored by:
Assemblyman ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblyman JULIO MARENCO
District 33 (Hudson)
SYNOPSIS
Requires State to bear partial cost of transportation of certain homeless students to school.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning transportation of homeless students and amending P.L.1989, c.290 and P.L.2015, c.228.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1989, c.290 (C.18A:7B-12.1) is amended to read as follows:
3. The district of residence for a homeless child determined pursuant to section 19 of P.L.1979, c.207 (C.18A:7B-12) shall be responsible for the education of the homeless child. The district of residence shall determine the educational placement of the child after consulting with the parent or guardian. This determination shall be: a. to continue the child's education in the school district of last attendance, b. to enroll the child in the district of residence if the district of residence is not the district of last attendance, or c. to enroll the child in the school district where the child is temporarily living, whichever is in the child's best interest. If the parent or guardian objects to the determination made by the district of residence, the executive county superintendent of schools shall be notified and within 48 hours shall determine the placement of the child based on criteria established by the State Board of Education. Any appeals regarding the determination shall be resolved according to rules established by the State Board of Education.
When the homeless child attends school in a district other than the district of residence, the district of residence shall pay the costs of tuition for the child to attend school in that district and shall pay for any transportation costs incurred by that district; except that in the case of a child who has resided in a domestic violence shelter, homeless shelter, or transitional living facility located in a district other than the district of residence for more than one year, the State shall pay the costs of tuition for the child to attend school in that district. When the homeless child attends school in the district of residence while temporarily residing in another district, the district of residence shall provide for transportation to and from school [pursuant to the provisions of N.J.S.18A:58-7] , and the State shall bear any cost for that transportation that exceeds the average per pupil cost for transportation services in the district of residence.
(cf: P.L.2017, c.83, s.2)
2. Section 1 of P.L.2015, c.228 (C.18A:7B-12.3) is amended to read as follows:
1. Notwithstanding the provisions of N.J.S.18A:38-1, section 19 of P.L.1979, c.207 (C.18A:7B-12), or section 3 of P.L.1989, c.290 (C.18A:7B-12.1), or any other section of law to the contrary, any student who moves from one school district to another as a result of being homeless due to an act of terrorism or due to a natural disaster which results in the declaration of a State of emergency or disaster by the State or by the federal government, may continue to enroll in the school district in which the parent or guardian last resided prior to becoming homeless for up to two full school years after the act of terrorism or natural disaster; and during the two-year period, if the student is enrolled in the district in which the parent or guardian last resided prior to becoming homeless and the student's parent or guardian remains homeless for that period, the student shall attend that district tuition-free and that district shall provide the student transportation to and from school . The State shall bear any cost for the transportation that exceeds the average per pupil cost for transportation services in the district in which the parent or guardian last resided prior to becoming homeless.
(cf: P.L.2015, c.228, s.1)
3. This act shall take effect immediately and shall first apply to the first full school year next following the date of enactment.
STATEMENT
This bill requires the State to bear a partial cost of the transportation of certain homeless students to school.
Under current law, when a homeless child attends school in the district of residence while temporarily residing in another district, the district of residence is required to provide for transportation to and from school. This bill requires the State to bear any cost for that transportation that exceeds the average per pupil cost for transportation services in the district of residence.
Current law also permits any student who moves from one school district to another as a result of being homeless due to an act of terrorism or a natural disaster to remain in the original district for two years, provided that the student's parent or guardian remains homeless for that period. In this circumstance, the original district is required to provide transportation to the student. This bill requires the State to bear any cost for that transportation that exceeds the average per pupil cost for transportation services in the district in which the parent or guardian last resided prior to becoming homeless.