[Second Reprint]

SENATE, No. 3349

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED DECEMBER 1, 2022

 


 

Sponsored by:

Senator  PAUL A. SARLO

District 36 (Bergen and Passaic)

Senator  JOSEPH P. CRYAN

District 20 (Union)

 

 

 

 

SYNOPSIS

     Requires payment of tuition for certain non-resident public school students.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Budget and Appropriations Committee on February 13, 2023, with amendments.

  


An Act concerning public school tuition and amending N.J.S.18A:38-3.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     2[1.  N.J.S.18A:38-3 is amended to read as follows:

     18A:38-3.  a.  Any person not resident in a school district, if eligible except for residence, may be admitted to the schools of the district with the consent of the board of education upon [such] terms, and with [or without] 1or without1 payment of tuition 1[equal to the actual cost per pupil]1, as the board may prescribe.

     b.  Any person not resident in a school district, if eligible except for residence, and if that person previously was a resident of the district, shall be admitted to the schools of the district without payment of tuition if that person's parent or guardian is a member of the New Jersey National Guard or a member of the reserve component of the armed forces of the United States and has been ordered into active military service in any of the armed forces of the United States in time of war or national emergency, resulting in the relocation of the student out of the district.  A school district admitting a student pursuant to this subsection shall not be obligated for transportation costs.

     c. 1[A school district under partial or full State intervention pursuant to P.L.2007, c.16 (18A:7A-3 et seq.) shall not admit a student who does not reside in the school district to the schools of the district.

     d.  The provisions of subsections a. and c. of this section shall not apply, regardless of residence, to the enrolled children of teaching staff members of the school district or county vocational school district who are permitted, by contract or local district policy, to enroll their children in the educational program of the school district or county vocational school district without payment of tuition] Notwithstanding any other law, rule, or regulation to the contrary, a board of education shall not admit any person that does not reside in a school district for the purposes of participation in a school sport or other extracurricular activity without the consent of the board of education and with payment of tuition equal to the actual cost per pupil1.

(cf: P.L.1994, c.169, s.2)]2

 

     21.   N.J.S.18A:38-3 is amended to read as follows:

     18A:38-3.  a.  Any person not resident in a school district, if eligible except for residence, may be admitted to the schools of the district with the consent of the board of education upon such terms, and with [or without] payment of tuition, as the board [may prescribe] prescribes. Each board of education, with the approval of the executive county superintendent, shall establish a uniform tuition amount for any nonresident student admitted to the schools of a district pursuant to this section.

   b.   Any person not resident in a school district, if eligible except for residence, and if that person previously was a resident of the district, shall be admitted to the schools of the district without payment of tuition if that person's parent or guardian is a member of the New Jersey National Guard or a member of the reserve component of the armed forces of the United States and has been ordered into active military service in any of the armed forces of the United States in time of war or national emergency, resulting in the relocation of the student out of the district.  A school district admitting a student pursuant to this subsection shall not be obligated for transportation costs.

     c. The provisions of subsection a. of this section shall not apply, regardless of residence, to the enrolled children of teaching staff members of the school district or county vocational school district who are permitted, by contract or local district policy, to enroll their children in the educational program of the school district or county vocational school district without payment of tuition.

     d. Nothing in this section shall limit a school district’s ability to charge tuition pursuant to any other federal law, State statute, regulation, or court order.2

(cf: P.L.1994, c.169, s.2)

 

     2.    This act shall take effect immediately and shall first apply to the first full school year following enactment.