Bill Text: NJ S813 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides that the school district of residence for a child in a foster home shall be the present district of residence of the parent or guardian.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S813 Detail]
Download: New_Jersey-2010-S813-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Provides that the school district of residence for a child in a foster home shall be the present district of residence of the parent or guardian.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the school district of residence of public school students in foster care and amending and supplementing P.L.1979, c.207.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 19 of P.L.1979, c.207 (C.18A:7B-12) is amended to read as follows:
19. For school funding purposes, the Commissioner of Education shall determine district of residence as follows:
a. [The district of residence for children in resource family homes shall be the district in which the resource family parents reside. If a child in a resource family home is subsequently placed in a State facility or by a State agency, the district of residence of the child shall then be determined as if no such resource family placement had occurred.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. The district of residence for children who are in resource family homes or residential State facilities, or who have been placed by State agencies in group homes, skill development homes, private schools or out-of-State facilities, shall be the present district of residence of the parent or guardian with whom the child lived prior to his most recent admission to a resource family home or State facility or most recent placement by a State agency.
If this cannot be determined, the district of residence shall be the district in which the child resided prior to such admission or placement.
c. The district of residence for children whose parent or guardian temporarily moves from one school district to another as the result of being homeless shall be the district in which the parent or guardian last resided prior to becoming homeless. For the purpose of this amendatory and supplementary act, "homeless" shall mean an individual who temporarily lacks a fixed, regular and adequate residence.
d. If the district of
residence cannot be determined according to the criteria contained herein, or
if the criteria contained herein identify a district of residence outside of
the State, the State shall assume fiscal responsibility for the tuition of the
child. The tuition shall equal the approved per pupil cost established
pursuant to P.L.1996, c.138 (C.18A:7F-1 et al.). This amount shall be
appropriated in the same manner as other State aid under this act. The
Department of Education shall pay the amount to the Department of Human
Services, the Department of Children and
Families, the Department of Corrections or the Juvenile Justice Commission
established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) or, in the
case of a homeless child or a child in a resource family home, the
Department of Education shall pay to the school district in which the child is
enrolled the weighted base per pupil amount calculated pursuant to section 7 of
P.L.2007, c.260 (C.18A:7F-49) and the appropriate security categorical aid per
pupil and special education categorical aid per pupil.
e. If the State has assumed fiscal responsibility for the tuition of a child in a private educational facility approved by the Department of Education to serve children who are classified as needing special education services, the department shall pay to the Department of Human Services, the Department of Children and Families or the Juvenile Justice Commission, as appropriate, the aid specified in subsection d. of this section and in addition, such aid as required to make the total amount of aid equal to the actual cost of the tuition.
(cf: P.L.2007, c.260, s.27)
2. (New section) One year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Education shall submit to the Senate and Assembly Education Committees a report on the fiscal impact of the provisions of that act on the school districts in which foster homes are located and on the school districts of residence of children in foster homes.
3. This act shall take effect for the 2010-2011 school year.
STATEMENT
This bill provides that for the purposes of determining responsibility for educational costs, the district of residence of any child who is in a resource family (foster) home will be the present district of residence of the parent or guardian with whom the child lived prior to his admission to the foster home. Under current law, the district of residence of a child in foster care is the school district in which the foster home is located.
The bill also provides that one year following its effective date, the Commissioner of Education is to submit to the Senate and Assembly Education Committees a report on the bill's fiscal impact on the school districts in which foster homes are located and on the school districts of residence of children in foster homes.