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POLICY EAST BRUNSWICK PUBLIC SCHOOLS
Pupils
5111. ELIGIBILITY OF RESIDENT/NONRESIDENT PUPILS (M)
5111. ELIGIBILITY OF RESIDENT/NONRESIDENT PUPILS (M)
The East Brunswick Board of Education shall admit to its schools, free of
charge, persons over five who are eligible for Kindergarten and under twenty
years of age, pursuant to N.J.S.A. 18A:38-1, or such younger or older pupil
as is otherwise entitled by law to a free public education.
Eligibility to Attend School
The Board of Education shall admit pupils eligible to attend school free of
charge that are domiciled within the district as defined in N.J.A.C. 6A:22-
3.1 et seq. A pupil is domiciled in the district when he or she is living
with a parent or legal guardian whose permanent home is located within the
district. A home is permanent when the parent or guardian intends to return
to it when absent and has no present intent of moving from it, not
withstanding the existence of homes or residences elsewhere.
The Board of Education shall also admit any pupil that is kept in the home of
a person other than the pupil’s parent(s) or legal guardian(s), where the
person is domiciled in the school district and is supporting the pupil
without remuneration as if the pupil were his or her own child in accordance
with N.J.A.C. 6A:22-3.2 et seq. A pupil is only eligible to attend school in
the district pursuant to this provision if the pupil’s parent(s) or legal
guardian(s) files, together with documentation to support its validity, a
sworn statement that he or she is not capable of supporting or providing care
for the pupil due to family or economic hardship and the pupil is not
residing with the other person solely for the purpose of receiving a free
public education. In addition, the person keeping the pupil must file a
sworn statement that he or she: is domiciled within the district; is
supporting the child without remuneration and intends to do so for a time
longer than the school term; will assume all personal obligations for the
pupil relative to school requirements; and a copy of his or her lease if a
tenant, or a sworn landlord’s statement if residing as a tenant without a
written lease.
A pupil is eligible to attend school free of charge if the pupil is kept in
the home of a person domiciled in the district, other than the parent(s) or
legal guardian(s), where the parent(s) or legal guardian(s) is a member of
the New Jersey National Guard or the reserve component of the United States
armed forces and has been ordered into active military service in time of war
or national emergency. Eligibility under this provision shall cease at the
end of the current school year upon the parent(s) or legal guardian(s) return
from active military duty.
A pupil is eligible to attend school free of charge if the pupil’s parent(s)
or legal guardian(s) temporarily resides within the district, notwithstanding
the existence of a domicile elsewhere. The parent(s) or legal guardian(s)
shall demonstrate that such temporary residence is not solely for purposes of
a pupil attending school within the district of temporary residence. Where
one of a pupil’s parents temporarily resides in the district while the other
is domiciled or temporarily resides elsewhere, eligibility to attend school
will be determined in accordance with the criteria of N.J.A.C. 6A:22-3.1(a)
1.i. However, no pupil shall be eligible to attend school based upon a
parent’s temporary residence in a district unless the parent(s) or legal
guardian(s) demonstrates that such temporary residence is not solely for
purposes of a pupil attending school within the district.
A pupil is eligible to attend school free of charge:
1. If the pupil’s parent(s) or legal guardian(s) moves to another
district as the result of being homeless, subject to the provisions of
N.J.A.C. 6A:17-2 Education of Homeless Children;
2. If the pupil is placed in the home of a district resident by court
order pursuant to N.J.S.A. 18A:38-2;
3. If the pupil had previously resided in the district and if the parent
(s) or legal guardian(s) is a member of the New Jersey National Guard or the
United States reserves and has been ordered to active service in time of war
or national emergency, resulting in the relocation of the pupil out of the
district, pursuant to N.J.S.A. 18A:38-3(b); and
4. If the pupil resides on federal property within the State pursuant to
N.J.S.A. 18A:38-7.7 et seq.
The physical condition of an applicant’s housing, an applicant’s compliance
with local housing ordinances, or terms of lease shall not affect eligibility
to attend school.
A pupil’s immigration/visa status and their eligibility to attend school
shall be in accordance with N.J.A.C. 6A:22-3.3(b).
Persons under the age of five who meet these requirements also may be
admitted free for specific programs for pre-schoolers as approved by
the Board of Education.
Pupils with disabilities ages three through 21, who meet these requirements
will be admitted free.
Any person who fraudulently allows a child of another person to use his/her
residence and is not the primary financial supporter of that child and any
person who fraudulently claims to have given up custody of his/her child to a
person in another district commits a disorderly persons offense (N.J.S.A.
18A:38-1(c)). Any such person will be prosecuted by the Board of Education to
the fullest extent of the law.
Proof of Eligibility
The district shall accept forms of documentation from persons attempting to
demonstrate a pupil’s eligibility for enrollment in the district in
accordance with N.J.A.C. 6A:22-3.4 et seq. The district shall consider the
totality of information and documentation offered by an applicant, and shall
not deny enrollment based on failure to provide a particular form of
documentation, or a particular subset of documents, without regard to other
evidence presented.
The district shall not require or request any information or document
protected from disclosure by law, or pertaining to criteria that are not a
legitimate basis for determining eligibility to attend school. However,
these protected documents or information, or pertinent parts thereof, may be
voluntarily disclosed by the person(s) seeking enrollment in the district.
However, the district may not, directly or indirectly, require or request
such disclosure as a condition of enrollment.
Initial Assessment and Enrollment
Registration, initial determinations of eligibility, and enrollment will be
in accordance with N.J.A.C. 6A:22-4.1 et seq. The district shall use
registration forms provided by the Commissioner of Education or locally
developed forms that are consistent with the forms provided by the
Commissioner. A district level school administrator designated by the
Superintendent will be available, and clearly identified to applicants, to
assist persons who are experiencing difficulties with the
registration/enrollment process.
Initial determinations of eligibility shall be made upon presentation of an
application for enrollment and enrollment shall take place immediately in all
cases except those of clear, uncontested denials. Where an applicant has
provided incomplete, unclear or questionable information, enrollment shall
take place immediately, but the applicant will be placed on notice that
removal will result if defects in the application are not corrected, or an
appeal is not filed, in accordance with subsequent notice to be provided
pursuant to N.J.A.C. 6A:22-4.2 et seq.
Where an applicant appears ineligible based on the information provided in
the initial application, a preliminary written notice of ineligibility shall
be provided, including an explanation of the right to appeal to the
Commissioner of Education. Enrollment shall take place immediately if the
applicant clearly indicates disagreement with the district’s determination
and an intent to appeal to the Commissioner. A pupil enrolled pursuant to
this provision shall be notified that he or she will be removed, without a
hearing before the Board, if no appeal is filed within the twenty-one day
period established by N.J.S.A. 18A:38-1.
Where enrollment is denied and no intent to appeal is indicated, applicants
shall be advised that they shall comply with compulsory education laws. In
this case, the parent(s) or legal guardian(s) shall, where the pupil is
between the ages of six and sixteen, be asked to complete a written statement
that the pupil will be attending school in another district, attending a
nonpublic school, or receiving instruction elsewhere than at a school
pursuant to N.J.S.A. 18A:38-25. In the event this written statement is not
provided, the district level administrator designated by the Superintendent
shall notify the school district of actual domicile or residence, or the
Division of Youth and Family Services based on “neglect”
pursuant to N.J.S.A. 9:6-1, with the pupil’s name, the name(s) of the
parent/guardian/resident, address to the extent known, denial of admission to
the district based on residency or domicile, and absence of evidence of
intent to attend school or receive instruction elsewhere, for purposes of
ensuring compliance with such laws.
Enrollment or attendance in the district shall not be denied based upon
absence of the certified copy of birth certificate or other proof of a
pupil’s identity required within thirty days of initial enrollment pursuant
to N.J.S.A. 18A:36-25.1.
Enrollment in the district shall not be denied based upon absence of pupil
medical information, although actual attendance at school may be deferred as
necessitated by compliance with rules regarding immunization of pupils,
N.J.A.C. 8:57-4.1 et seq.
Enrollment in the district, attendance at school, or educational services
where attendance in the regular education program appears inappropriate,
shall not be denied based upon absence of a pupil’s prior educational
record. However, the applicant shall be advised that the initial educational
placement of the pupil may be subject to revision upon receipt of records or
further assessment of the pupil by the district.
Notice of Ineligibility
If the district finds the applicant ineligible to attend the schools of the
district pursuant to N.J.A.C. 6A:22-1.1 et seq., or the application
initially submitted is found to be deficient upon subsequent review or
investigation, notice shall immediately be provided to the applicant
consistent with sample form(s) provided by the Commissioner. Notices shall
be in writing, in English and in the native language of the applicant, issued
by the Superintendent and directed to the address at which the applicant
claims to reside. The Notice of Ineligibility shall be provided and shall
include information as required in accordance with N.J.A.C. 6A:22-4.2 et seq.
Removal of Currently Enrolled Pupils
Nothing in N.J.A.C. 6A:22-4.3 et seq. and this policy shall preclude the
Board of Education from seeking to identify, through further investigation or
periodic requests for current validation of previously determined eligibility
status, pupils enrolled in the district who may be ineligible for continued
attendance due to error in initial assessment, changed circumstances or newly
discovered information.
When a pupil, enrolled and attending school in the district based on an
initial determination of eligibility, is later determined to be ineligible
for continued attendance, the Superintendent may apply to the Board of
Education for removal of the pupil in accordance with N.J.A.C. 6A:22-4.3(b).
No pupil shall be removed from school unless the parent, legal guardian,
adult pupil or resident keeping an "affidavit pupil" (as defined in N.J.A.C.
6A:22-1.2) as the case may be, has been informed of his or her entitlement to
a hearing before the Board of Education. Once the hearing is held, or if the
parent, legal guardian, adult pupil or resident keeping an "affidavit pupil",
as the case may be, does not respond to the Superintendent’s notice within
the designated time frame or appear for the hearing, the Board shall make a
prompt determination of the pupil’s eligibility or ineligibility and shall
immediately provide notice thereof in accordance with the requirements of
N.J.A.C. 6A:22-4.2 et seq. The hearings required pursuant to N.J.A.C. 6A:22-
4.3 et seq. may be conducted by the full Board or a Board Committee, at the
discretion of the full Board. If the hearing(s) is conducted by a Board
Committee, the Committee shall make a recommendation to the full Board for
action. No pupil may be removed except by vote of the Board taken at a
meeting duly convened and conducted pursuant to N.J.S.A. 10:4-6 et seq., the
Open Public Meetings Act.
Appeal to the Commissioner
The district’s determination that a pupil is ineligible to attend the schools
of the district may be appealed to the Commissioner by the parent, legal
guardian, adult pupil or resident keeping an "affidavit pupil", as the case
may be. Such appeals shall proceed in accordance with N.J.S.A. 18A:38-1 and
N.J.A.C. 6A:3-8.1 et seq. Appeals of "affidavit pupil" eligibility
determinations must be filed by the resident keeping the pupil.
Assessment and Calculation of Tuition
If no appeal to the Commissioner is filed following notice of a determination
of ineligibility, the Board of Education may assess tuition for any period of
a pupil’s ineligible attendance, including the twenty-one day period provided
by N.J.S.A. 18A:38-1 for appeal to the Commissioner. Tuition will be
assessed and calculated in accordance with N.J.A.C. 6A:22-6.3 et seq. The
district may obtain an order of the Commissioner of Education for tuition,
enforceable pursuant to N.J.S.A. 2A:58-10, through recording on the judgment
docket of the Superior Court, Law Division by filing a petition of appeal
pursuant to N.J.A.C. 6A:3.
Nonresident Pupils
Nothing in this policy shall be construed to limit the discretion of the
Board of Education to admit nonresident pupils, or the ability of a
nonresident pupil to attend school, with or without payment of tuition, with
the consent of the district Board, pursuant to N.J.S.A. 18A:38-3(a).
Children of employees: Children of nonresident East Brunswick Board of
Education employees, except for substitutes, may attend the East Brunswick
Public Schools upon payment of one-half the total tuition cost for each
child.
Fees for courses, programs or activities provided by Community Programs or
Educational Technology Training Center (ETTC), or fees related to student
activities, for example, are not considered tuition.
Special education pupils: Special education pupils who are nonresidents may
be enrolled on a tuition basis in special education classes upon
recommendation of the superintendent and approval of the Board of Education.
Pupils who are moving out of East Brunswick: Pupils who have been enrolled in
the East Brunswick Public Schools for at least one year may continue to
attend subsequent to a move from the school district by their parents or
guardians provided that:
(1) Tuition be paid in advance by the parents or guardians unless the
Superintendent approves an alternate payment arrangement. However, tuition
shall be paid in full before June 1 of the school year in which tuition is
applicable.
(2) Transportation to and from school be provided by parents or guardians.
Such enrollment may continue for the balance of the school year in which the
move takes place. Pupils who are in their junior year at East Brunswick High
School when their families move will be permitted to continue to attend
during the following year.
Exchange students: To the extent that the East Brunswick School District
participates in an exchange program, the Board of Education will consider the
enrollment of exchange students on a case by case basis upon recommendation
by the Superintendent of Schools and subject to those pupils meeting the
legal requirements for limited study in the secondary public schools in the
US.
N.J.S.A. 18A:38-1 et seq.
N.J.A.C. 6A:14-3.3; 6A:17-2.1 et seq.; 6A:22-2.1 et seq.
Adopted: 10/13/82
Revised: 12/15/05 (replaces: #5110 and #5118)
Adopted: 5/17/07
Revised: 8/07
Adopted: 9/6/07
ATTENDANCE
Students are expected to be in attendance on all days school is in session.
A full description of the East Brunswick Board of Education Attendance
policy 5113 (a), and the procedures may be found in the school calendar, or
on the district web-site www.ebnet.org.
Please select Board Policies from the Board of Education link.
It is the parents’ responsibility to telephone the school (613-6880) the
morning of their child’s absence, stating the reason. A note to the teacher
is required upon the student’s return to school in order to qualify as an
excused absence. If your child must be absent from school, please call the
school prior to 9:10 AM, and leave a message with the reason for your
child’s absence
The Board of Education excuses absences from school only for reasons
specified in law and/or policy: a) personal illness b) death in the family
c) religious holidays d) court appearances e) administratively approved
absences.
It is important to note that if a student accumulates up to four unexcused
absences, in collaboration with principal, parents must develop an action
plan to prevent future unexcused absences.
• For between five and nine unexcused cumulative absences, the action
plan must be revised and may include any of the following: referral to the
Student Assistance Committee, testing, community resources.
• For ten unexcused cumulative absences or more, the student is truant
and the school district shall make a mandatory referral to the court program
required by the New Jersey Administrative Office of the Courts.
Tardiness
Promptness is the responsibility of both the student and the parent. If
your child must come to school late, bring him/her to the security desk in
the lobby.
Tardiness will be excused for those reasons approved for excused absences.
Four incidents of tardiness shall equal one absence.
CODE OF CONDUCT
(The Board policy is stated on the district web-site and the district
calendar- see the Board of Education link–select-Board Policies)
Students have the right to:
1. Be informed about expectations for their behavior;
2. Be treated with respect and dignity;
3. A positive, safe learning environment;
4. Express their opinions and feelings appropriately;
5. Be taught constructive means to settle disagreements or problems; and
6. Due process.
Students have the responsibility to:
1. Exhibit self-control on school premises, on the school bus, and at
school activities;
2. Remain within the area assigned for a specific activity;
3. Exhibit respect for the authority of all school personnel;
4. Maintain and respect school and private property;
5. Speak to and treat adults and other students with respect
6. Avoid placing themselves or others in danger of physical harm;
7. Help keep the school clean and attractive; and
8. Use constructive means to settle disagreements or problems
Consequences
Students who choose not to accept these responsibilities are subject to
disciplinary action. School personnel will use a variety of measures
including but not limited to: a) teacher/parent conferences, b)
interventions through the student assistance committee, c) warnings, d)
detentions, e) suspensions, f) other strategies determined by the building
administrators. Consequences will vary according to the development ages of
the student offenders, student histories of inappropriate behaviors,
frequency, severity and nature of the incident. At any time throughout the
process, intervention by other school personnel may be recommended. School
responses shall provide for the equitable application of the code of student
conduct without regard to race, color, religion, ancestry, national origin,
gender, sexual orientation, gender identity and expression of a mental,
physical or sensory disability or by any other distinguishing
characteristic. Corporal punishment of students is
prohibited.
Student Misconduct-minor
Minor misbehaviors on the part of the student that impede orderly classroom
procedures or interfere with orderly operation of the school are considered
minor incidences of student misconduct. The misbehavior can usually be
handled by an individual staff member but sometimes requires school support
personnel.
Procedures for minor student misconduct
1. There is immediate intervention by the staff member who is
supervising the student or who observes the misbehavior.
2. Repeated misbehavior requires a parent/teacher conference and a
conference with the school counselor, child study team, and/or
administrator.
3. A proper and accurate record of the offenses and disciplinary
action is maintained by the staff member.
Disciplinary Options/Responses
Verbal reprimand
Appropriate consequences directly related to misbehavior
Special assignment
Behavioral contract
Counseling
Withdrawal of privileges
Supervised study
Detention
Student Misconduct-serious
Serious incidences of misbehaviors which disrupt the learning climate of the
school are addressed by administration. These infractions, which usually
result from the continuation of misbehaviors listed above, require the
intervention of personnel on the administrative level because the execution
of disciplinary options listed above has failed to correct the situation.
Also, included in this level are misbehaviors that do not represent a direct
threat to the health and safety of others but whose educational consequences
are serious enough to require corrective action on the part of
administrative personnel.
Procedures
1. The student is referred to an administrator for appropriate disciplinary
action.
2. The administrator meets with the student and staff to investigate the
infraction, interviews the student, determines the extent of the
consequences, and initiates the most appropriate responses:
3. Referral to the guidance counselor, student assistance counselor and or
child study team and/or outside agency with parental consent
can be considered.
4. The teacher is informed of the administrator’s action; parental
notification is necessary.
5. A proper and accurate record of the offense and the disciplinary action
is maintained by the administration.
Disciplinary Options/Responses
Any of the above actions as appropriate
Detention
Schedule change
Modified day
Extracurricular restriction
In school suspension
Out of school suspension short-term suspension (one to ten days)
Special Education Students
Classified students are subject to the same disciplinary procedures
as non-classified students. School officials may suspend for up to ten
consecutive or cumulative school days in a school year. However, classified
students may not be disciplined if the student’s behavior is primarily
caused by his or her disability and the discipline constitutes a change in
placement. Classified students can be moved as specified by law to an
interim alternative educational setting for the following infractions:
• Possession of a weapon
• Possession, use, selling or soliciting the sale of a controlled
substance
• Causing serious bodily injury
Before a school’s staff member can discipline a classified student,
consideration shall be given to the nature of the offending behavior in
light of the student’s disability and educational needs, except as follows:
On a temporary basis, if there is ongoing peril of physical harm to self or
others or of substantial disruption of the educational process; or
If there is a component of disciplinary action set forth in the pupil’s
individualized education program.
Behavioral Supports
The Warnsdorfer School has a building based team (Intervention and
Referral Services/Student Assistance Committee), which is designed to
assist students who are experiencing learning, behavioral, or health
difficulties and to assist staff in addressing students’ needs. Activities
are infused into the school environment to encourage and promote responsible
and respectful behavior.
1. Transportation
c. Routes and Services
(1) Issue and Use of Bus Passes
(2) (a) Passes - Each riding student will be issued a pass and must show
that pass on demand. Passes
will have the student's name, bus number and stop number.
(b) Lists -Each run will have a list of the students assigned to that bus.
The list will give the following
information: last name, first name, address, bus number, and bus stop number.
(c) Lost Pass Procedure --If a student loses his/her bus pass, he/she will
be issued a new pass by the
school office. The school office will then notify the manager of
transportation that a new pass has been
issued. If a student loses his/her pass at home,
he/ she will be permitted to board the bus (one day only) and be advised by
the driver to stop at the
school office and request a new bus pass.
(d) Control Problems -When the driver is aware of overload conditions,
he/she will require students to
show bus passes. Those students without passes will be requested to leave
the bus. If refused, the driver
is to report non-compliance to school office.
(e) Alternate Transportation Arrangements:
1. The East Brunswick Public Schools (District) provides transportation
between home and school
for students who reside a distance from school that is greater than the
limits established by NJ
Statute. The distance thresholds are greater than 2.0 miles for grades pre-k
through 8 and greater
than 2.5 miles for grades 9 through 12.
2. The District may provide, at its discretion, transportation for students
in grades pre-school - 5
from an alternate location to school and/or back to students meeting the
legal eligibility
requirements and for whom the district has deemed circumstances to be
extenuating for the
student. The alternate location must be the site where childcare is provided
to the student and
must be located within the boundaries of the student’s school of attendance.
3. Keeping in mind the safety and security of students, requests for
alternate transportation to and
from the designated location will only be considered if the request applies
to each and every
school day throughout the school year.
3541.1(b) Page 2
4. Alternate transportation requests for each school year must be made by
the child’s parent or
guardian using the District’s request form and must meet the time lines
established thereon. A
separate form must be completed for each child.
5 The District shall determine whether or not the request may be approved
and shall notify the
parent/guardian who made the request as to the determination.
6. Alternate transportation arrangements shall become effective five (5)
school days after having
been approved by the District.
7. The child’s parent/guardian must complete a new form whenever there is
any change to
approved alternate transportation arrangements already in effect.
8. The District will not approve modifications to approved requests that
occur between August 25
and September 30 of each year.
9. In the event that the alternate location is closed and District schools
are open, it will be the
parent’s responsibility to provide transportation for the student.
Rule
Adopted: 4/17/68
Revised: 7/01/68
Revised: 5/26/81
Revised: 2/11/93
Revised: 6/02/05
By______________________________________
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