1631  RESIDENCY REQUIREMENT FOR PERSON HOLDING
SCHOOL DISTRICT OFFICE, EMPLOYMENT, OR POSITION

Every person holding an office, employment, or position in a school district shall have his or her principal residence in New Jersey in accordance with the provisions of N.J.S.A. 52:14-7.  

For the purpose of this Policy, “school district” means any local or regional school district established pursuant to Chapter 8 or Chapter 13 of Title 18A of the New Jersey Statutes and any jointure commission, county vocational school, county special services district, educational services commission, educational research and demonstration center, environmental education center, and educational information and resource center.

For the purpose of this Policy, a person may have at most one principal residence and the State of a person's principal residence means the State where the person spends the majority of his or her nonworking time, which is most clearly the center of his or her domestic life, and which is designated as his or her legal address and legal residence for voting.  Having a home in New Jersey is not significant enough by itself to meet the principal residence requirement of the law.  The fact that a person is domiciled in New Jersey shall not by itself satisfy the requirement of principal residency.  

A person, regardless of the office, employment, or position, who holds an office, employment, or position in the school district on September 1, 2011, but does not have his or her principal residence in New Jersey on September 1, 2011, shall not be subject to this residency requirement of N.J.S.A. 52:14-7 while the person continues to hold office, employment, or position without a break in public service of greater than seven days.  

A person may request an exemption from the provisions of N.J.S.A. 52:14-7 on the basis of critical need or hardship.  The request shall be made to a five-member committee established in accordance with the provisions of N.J.S.A. 52:14-7 to consider applications for such exemptions.  The decision on whether to approve an application from any person shall be made by a majority vote of the members of the committee, and those voting in the affirmative shall so sign the approved application.  If the committee fails to act on an application within thirty days after the receipt thereof, no exemption shall be granted and the residency requirement of N.J.S.A. 52:14-7 shall be operative. 

Any person holding or attempting to hold an office, employment, or position in violation of N.J.S.A. 52:14-7 shall be considered as illegally holding or attempting to hold the office, employment, or position; however, the person shall have one year from the time of taking the office, employment, or position to satisfy the requirement of principal residency.  If such person fails to satisfy the requirement of principal residency as defined in N.J.S.A. 52:14-7 after the 365-day period, that person shall be deemed unqualified for holding the office, employment, or position.  The Superior Court shall, in a civil action in lieu of prerogative writ, give judgment of ouster against such person, upon the complaint of any officer or citizen of the State, provided that any such complaint shall be brought within one year of the alleged 365-day period of failure to have his or her principal residence in this State.

Notice of the residency requirements as outlined in N.J.S.A. 52:14-7 and this Policy should be provided to all existing persons holding office, employment, or a position in the school district and to candidates seeking to hold office, employment, or a position in the school district. 

N.J.S.A. 52:14-7

Adopted:	March 26, 2012