Bill Text: NJ S713 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires DOE to make certain determinations concerning the provision of educational services to a child residing in a domestic violence shelter and modifies calculation of tuition under certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Education Committee [S713 Detail]
Download: New_Jersey-2010-S713-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Morris and Passaic)
SYNOPSIS
Requires DOE to make certain determinations concerning the provision of educational services to a child residing in a domestic violence shelter and modifies calculation of tuition under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the education of certain homeless children and amending P.L.1979, c.207 and P.L.1989, c.290.
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 foster homes shall be the district in which the foster parents reside. If a child in a foster 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 foster placement had occurred.
b. The district of residence for children who are in 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 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 and shall include a child who resides in a domestic violence shelter.
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 seq.). 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 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, 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 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. Section 3 of P.L.1989, c.290 (C.18A:7B-12.1) is amended to read as follows:
3. a. 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] Except as otherwise provided pursuant to subsection b. of this section, the district of residence shall determine the educational placement of the child after consulting with the parent or guardian. This determination shall be: [a.] (1) to continue the child's education in the school district of last attendance, [b.] (2) to enroll the child in the district of residence if the district of residence is not the district of last attendance, or [c.] (3) 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. 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.
b. (1) In the case of a child who resides in a domestic violence shelter, the Department of Education, in consultation with the Department of Human Services, shall determine: where the education of the child takes place, including whether educational services are provided in the shelter; what educational services are provided; and who provides the educational services;
(2) The costs of the educational services for a child who resides in a domestic violence shelter shall be the responsibility of the district of residence as determined pursuant to subsection c. of section 19 of P.L.1979, c.207 (C.18A:7B-12) and as required pursuant to subsection a. of this section. Tuition and other costs are to be paid on a pro-rata basis by dividing the number of days for which educational services are provided by 180 and multiplying this amount by the tuition and transportation costs. These costs shall be calculated for the school year of attendance and paid at the beginning of the subsequent school year.
c. All information related to a mother and a child residing in a domestic violence shelter shall be confidential pursuant to section 13 of P.L.1979, c.337 (C.30:14-13).
(cf: P.L.1989, c.290, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill includes a child residing in a domestic violence shelter under the definition of "homeless," and requires the Department of Education, in consultation with the Department of Human Services, to make a determination regarding what educational services will be provided, where they will be provided, including whether they should be provided in the shelter, and who will provide those services. Under current law, the district of residence of a homeless child is responsible for the costs of providing educational services to that child, including transportation costs associated with the child's location in a domestic violence shelter. The district of residence is the district in which the parent or guardian resided prior to residing in a domestic violence shelter. Under current law, if the child attends school in a district other than the district of residence, the district of residence is responsible for paying tuition to the other district.
Since the entrance of an abused mother into a shelter is for protection, continued contact with the district of residence may be a way that the abusive spouse or partner can find out the location of the shelter. This bill severs that connection by making the State responsible for the determination of where the education of an abused mother's child or children is to take place. Under current law, it is recognized that a child placed in a domestic violence shelter may have educational disabilities for which the resident district is receiving special education aid. If the child is provided educational services in a district other than the district of residence, the tuition calculation includes the amount necessary to provide special education services.
