Title 18A, Title 18A: EDUCATION

18A:38-1 Attendance at school free of charge. 18A:38-1. Public schools shall be free to the following persons over five and under 20 years of age: Any person who is domiciled within the school district; b. (1) Any person who is kept in the home of another person domiciled within …

18A:38-1.1 Certain students permitted to remain enrolled in current school district. 1. Notwithstanding the provisions of N.J.S.18A:38-1 or any other law, rule, or regulation to the contrary, a child who moves out of a school district as a result of domestic violence, sexual abus…

18A:38-1.2 Rules. 2. The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act. The rules shall include family crisis situations, other than those listed in se…

18A:38-1.3 Verification of eligibility for enrollment in district. 1. a. In the case of a dispute between a school district and the parents or guardians of a student in regard to a student's eligibility to enroll in the district or to remain enrolled in the district pursuant to t…

18A:38-10. Attendance outside of state Any board of education of a district may arrange for the attendance of any or all of the pupils of the district in the public school or schools of an adjacent school district outside of the state, if it shall determine that it is advisable s…

18A:38-11. Designation of high school of another district for attendance by pupils The board of education of every school district which lacks high school facilities within the district and has not designated a high school or high schools outside of the district for its high scho…

18A:38-12. Allocation and apportionment of pupils among two or more high schools Whenever the board of education of a district shall designate two or more high schools without the district for the attendance of its high school pupils it shall, by resolution, allocate and apportio…

18A:38-13. Change in designation, allocation No such designation of a high school or high schools and no such allocation or apportionment of pupils thereto, heretofore or hereafter made pursuant to law, shall be changed or withdrawn, nor shall a district having such a designated …

18A:38-13.1. 5-year minimum Any school district entering into a sending-receiving relationship subsequent to severing a prior sending-receiving relationship pursuant to the provisions of N.J.S. 18A:38-13 shall remain in the subsequent relationship for not less than five years. If…

18A:38-14. Appeal from determination of commissioner The determination of the commissioner upon any such application may be appealed by the applying board of education or by the board of education of any school district affected thereby to the state board, which may in its discre…

18A:38-15. Attendance at special high school courses of study in another district Any board of education not furnishing instruction in a particular high school course of study, which any pupil resident in the district and who has completed the elementary course of study provided …

18A:38-16. Attendance at evening high school in another district Any board of education not furnishing instruction in approved evening high school courses, which any pupil in the district may desire to pursue, may, in its discretion, pay the tuition of such pupil in an approved e…

18A:38-17. Attendance outside district for instruction beyond twelfth grade Any board of education not furnishing instruction beyond the twelfth grade which any pupil, resident in the district, may desire to pursue, may arrange for the attendance of such pupil in any district whe…

18A:38-18. High school education in another district; tuition Any board of education offering instruction, to residents and nonresidents of the district beyond the twelfth grade, under rules, approved by the commissioner and the state board, may charge tuition for such instructio…

18A:38-19 Tuition of pupils attending schools in another district. 18A:38-19. Whenever the pupils of any school district are attending public school in another district, within or without the State, pursuant to this article, the board of education of the receiving district shall …

18A:38-2. Free attendance at school by nonresidents placed in district under court order Public schools shall be free to any person over five and under 20 years of age nonresident in a school district who is placed in the home of another person, who is resident in the district, b…

18A:38-20. Additional school facilities; agreement as to tuition Whenever a board of education, now or hereafter furnishing elementary and high school education or either thereof for the pupils of another school district, finds it necessary to provide additional facilities for th…

18A:38-21. Termination of agreement concerning tuition as to pupils Any board of education which shall have entered into such an agreement may apply to the commissioner for consent to terminate the same, and to cease providing education to the pupils of the other contracting dist…

18A:38-21.1. Termination of sending-receiving relationship. 1. a. Notwithstanding the provisions of N.J.S.18A:38-13 and N.J.S.18A:38-21, any board of education which sends students to another school district may terminate a sending-receiving relationship pursuant to the following…

18A:38-22. Hearing on application for termination of agreement Upon the making of any such application, an opportunity to be heard before the commissioner shall be given to the board of education of the other district before any determination is made by the commissioner, and if t…

18A:38-23. Pupils not excluded for nonpayment of tuition; withdrawal of pupils Whenever at the beginning of or during a school year a board of education receives pupils from another district on a tuition basis, it shall not exclude during that year any such pupils because of the …

18A:38-24. Attendance of pupils at demonstration schools 18A:38-24. Any pupil may with the consent of the board of education of the district in which he resides and of the commissioner be admitted to any demonstration school maintained in connection with any State college. The bo…

18A:38-25. Attendance required of children between six and 16; exceptions Every parent, guardian or other person having custody and control of a child between the ages of six and 16 years shall cause such child regularly to attend the public schools of the district or a day schoo…

18A:38-25.1 "Chronically absent" students, corrective action plan. 2. a. As used in this section, "chronically absent" shall be defined in rules and regulations promulgated by the Commissioner of Education within 90 days of the effective date of P.L.2018, c.23 (C.18A:38-25.1 et a…

18A:38-25.2 Annual review. 3. The Commissioner of Education shall annually review the chronic absenteeism rates of each school and school district, as included on the School Report Cards issued pursuant to section 2 of P.L.1995, c.235 (C.18A:7E-2), and report on the rates to the …

18A:38-26. Days when attendance required; exceptions Such regular attendance shall be during all the days and hours that the public schools are in session in the district, unless it is shown to the satisfaction of the board of education of the district that the mental condition o…

18A:38-27. Truancy and juvenile delinquency defined Any child between the ages of six and 16 years who shall repeatedly be absent from school, and any child of such age found away from school during school hours whose parent, guardian or other person having charge and control of …

18A:38-28. Truants; return to parents or school Any attendance officer who shall find any child between six and 16 years of age who is a truant from school, shall take the child and deliver him to the parent, guardian or other person having charge and control of the child, or to …

18A:38-29. Warning and arrest of vagrants or habitual truants The attendance officer shall examine into all violations of this article, shall warn any child violating any of the provisions of this article and the parent, guardian or other person having charge and control of the c…

18A:38-3. Admission for nonresident of school district; parent on active duty 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, an…

18A:38-3.1 Children of certain military members permitted to remain in prior school district. 1. Notwithstanding the provisions of N.J.S.18A:38-1 or any other section of law to the contrary, a child who is domiciled within a school district and resides with a parent or guardian w…

18A:38-3.2 School district registration, member of United States armed forces, National Guard, reserves. 1. Notwithstanding the provisions of N.J.S.18A:38-1 or any other section of law to the contrary, a member of the armed forces of the United States, the National Guard, or any …

18A:38-30. Assistance of sheriffs, police officers, etc. The sheriff and his officers and all police officers and constables shall assist attendance officers in the performance of their duties. L.1967, c.271.

18A:38-31. Failure to comply with provisions of article; fine A parent, guardian or other person having charge and control of a child between the ages of 6 and 16 years, who shall fail to comply with any of the provisions of this article relating to his duties, shall be deemed to…

18A:38-32. District and county vocational school attendance officers For the purpose of enforcing the provisions of this article, the board of education of each school district and the board of education of each county vocational school shall appoint a suitable number of qualifie…

18A:38-33. Tenure of attendance officers in city districts The services of all attendance officers of the public schools of a city district shall, after employment in such district for one year, be under tenure during good behavior and efficiency and they shall not be dismissed o…

18A:38-34. Attendance officers in counties other than counties of first class; duties; terms; salaries Whenever a majority of the boards of education of any county other than counties of the first class has by resolution requested the appointment of a county attendance officer or…

18A:38-35. Salaries and expenses of county attendance officers The salary of each county attendance officer shall be paid as other state salaries are paid. The director of the division of budget and accounting shall on order of the commissioner draw his warrant for such salary on…

18A:38-36. Employment certificates to part-time pupils; revocation The commissioner of education and the commissioner of labor and industry may issue employment certificates to pupils over 14 years of age who study part time in elementary or high school grades or in public vocati…

18A:38-4. Free attendance to persons over age The public schools of any district shall be free also to such persons, over the age of 20 years, who, except for age, would be entitled to free education in the district, as the board of education of the district shall determine. L.19…

18A:38-4.1 Issuance of notice relative to obligation to enroll resident students. 1. The Department of Education shall biannually issue notice to each school district reminding the district of the obligation to enroll resident students in accordance with all applicable statutes a…

18A:38-5. Admission of pupils under age No child under the age of five years shall be admitted to any public school, except such as may be provided pursuant to law for children of his age. No board of education shall be required to accept by transfer from public or private school…

18A:38-5.1 No child to be excluded from school because of race, etc. 18A:38-5.1. No child between the ages of four and 20 years shall be excluded from any public school on account of his race, creed, color, national origin, ancestry, or other protected category under subsection f…

18A:38-6. Time of admission of pupils; first school year Pupils who have never attended any public or private school may be admitted to a public school on or before October 1 following the opening of the school for the fall term, and at no other time except by a majority vote of …

18A:38-7. Pupils receiving free education subject to provisions of chapter Any person entitled to or receiving free education pursuant to this article shall be subject to all of the provisions of this chapter. L.1967, c.271.

18A:38-7.10. Findings, declarations The Legislature finds and declares that all persons of school age who reside on federal property located within this State are entitled under the New Jersey Constitution and the laws of this State to a free public education. L. 1988, c. 105, s.…