R 5116  EDUCATION OF HOMELESS CHILDREN AND YOUTHS 
A.    	Definitions – N.J.A.C. 6A:17-1.2
	1.     	“Best interest determination” means the school placement decision made 			by Division of Child Protection and Permanency (DCP&P) based on the 			factors considered, as set forth at N.J.S.A. 30:4C-26b.
	2.     	“Career or technical education” or “CTE” means as defined in N.J.A.C. 			6A:19-1.2.
	3.     	“DCP&P” means the Division of Child Protection and Permanency, which 		is a division in the New Jersey Department of Children and Families 			(DCF) that is responsible for the placement of children in resource family 			care, pursuant to N.J.S.A. 30:4C-26b.
	4.     	“Educational stability school district notification” means the notification 			provided by DCP&P to the school district, pursuant to N.J.S.A. 				30:4C-26b.h.
	5.     	“Enroll” or “enrollment” means attending classes and participating fully 			in school activities.
	6.     	“Homeless child” means a child or youth who lacks a fixed, regular, and 			adequate residence, pursuant to N.J.S.A.    18A:7B-12, N.J.A.C. 6A:17-2.2, 		and B. below.
	7.     	“Immediate” or “immediately” means at the instant the need for 				placement is made known.
	8.     	“Parent” means the natural or adoptive parent, legal guardian, resource 			family care parent, surrogate parent, or person acting in the place of a 			parent, such as the person with whom the child legally resides or a person 			legally responsible for the child’s welfare.
	9.     	“Point of contact” means the employee identified in each school district 			who facilitates all activities needed to ensure enrollment and attendance of 		children in resource family care.
	10.   	“Resource family care” means twenty-four-hour substitute care for 				children placed away from their parent(s) and for whom DCP&P has 			placement and care responsibility.  The term is synonymous with “foster 			care” as defined in the Federal Elementary and Secondary Education Act 			(ESEA), as reauthorized by the Every Student Succeeds Act (ESSA), and 			includes “resource family home” found elsewhere in the New Jersey 			Administrative Code and in the New Jersey Statutes Annotated.
	11.   	“School district liaison for the education of homeless children and youths” 		means the person identified in each school district who facilitates all 			activities needed to ensure the enrollment and attendance of homeless 			children and youths.
	12.   	“School district of residence” for a homeless child or youth means the 			school district in which the parent of a homeless child or youth resided 			prior to becoming homeless.  It may not be the school district in which the 			student currently resides.  This term is synonymous with “school district 			or origin” referenced in the McKinney-Vento Homeless Education 				Assistance Act.  “School district of residence” for a student in a State 			facility means the school district in which the parent with whom the 			student lived prior to placement in a State facility currently resides, 			pursuant to N.J.S.A. 18A:7B-12.b.  In the case of a child placed in 				resource family care prior to September 9, 2010, in accordance with 			N.J.S.A. 18A:7B-12, the “school district of residence” means the school 			district in which the resource family care parent(s) resides.  In the case of 			a child placed in resource family care on or after September 9,2010, in 			accordance with N.J.S.A. 18A:7B-12, the “school district of resident” means 		the present school district of residence of the parent(s) with whom the child 		lived prior to the most recent placement in resource family care.
	13.   	“School of origin” for a child in resource family care means the school 			district in which a child was enrolled prior to a change in the child’s care, 			custody, or guardianship.  If a child’s resource family care placement 			changes, the school or origin would then be considered the school district 			in which the child is enrolled at the time of the placement change.
	14.   	“State agency” means the New Jersey Department of Human Services, the 			New Jersey Department of Correction, the New Jersey Department of 			Children and Families, or the New Jersey Juvenile Justice Commission.
	15.   	“State facility” means residential and day programs operated by, 				contracted with, or specified by the New Jersey Department of Human 			Services, the New Jersey Department of Correction, the New Jersey 			Department of Children and Families, or the New Jersey Juvenile Justice 			Commission.
	16.   	“Transitional living facility” means a temporary facility that provides 			housing to a child due to domestic violence, pursuant to N.J.S.A. 				18A:7B-12.1.
	17.   	“Unaccompanied youth” means a youth not in the physical custody of a 			parent at the time of enrollment.
B.    	Determination of Homelessness –  (N.J.A.C. 6A:17-2.2)
	1.     	The Board of Education for the school district of residence shall determine 		that a child or youth is homeless for the purposes of N.J.A.C. 6A:17-2, Policy 		5116, and this Regulation when the child or youth resides in any of the 			following:
		a.     	A publicly or privately operated shelter designed to provide temporary 			living accommodations, including:  hotels or motels; congregate 				shelters, including domestic violence and runaway shelters; transitional 			housing; and homes for adolescent mothers;
		b.     	A public or private place not designated for or ordinarily used as a 				regular sleeping accommodation, including:  cars or other vehicles 				including mobile homes; tents or other temporary shelters; parks; 				abandoned buildings; bus or train stations; or temporary shelters 				provided to migrant workers and their children on farm sites;
		c.     	The residence of relatives or friends where the homeless child or youth 			resides out of necessity because their family lacks a regular 	or 				permanent residence of its own; or
		d.     	Substandard housing.
C.    	Responsibilities of the School District of Residence –  (N.J.A.C.        6A:17-2.3)
	1.     	The school district of residence for a homeless child or youth shall be 			responsible for the education of the child and shall:
		a.     	Determine the school district in which the child shall be enrolled after 			consulting with the parent pursuant to N.J.A.C. 6A:17-2.5 and E. 				below;
		b.     	Pay the cost of tuition pursuant to N.J.S.A. 18A:38-19, when the child 			attends school in another school district; and
		c.     	Provide for transportation for the child pursuant to N.J.A.C. 6A:27-6.2.
	2.     	The determination of the homeless child’s or youth’s school district of 			residence shall be made by the Superintendent of the school district of 			residence or designee, pursuant to N.J.A.C. 6A:17-2.4 and D. below based 		upon information received from the parent, a shelter provider, another school 		district, or an involved agency.
	3.     	The school district identified in accordance with N.J.S.A. 18A:7B-12 as the 		school district of residence for a homeless child or youth shall be the school 		district of residence until the parent establishes a permanent residence.  			Financial responsibility will remain with the homeless child’s school district of 		residence until the family is deemed domiciled in another jurisdiction, pursuant 		to N.J.S.A. 18A:38-1.d.
D.    	Designation of School District Liaisons and Their Responsibilities – N.J.A.C. 		6A:17-2.4
	1.     	The Superintendent identifies the Director of Guidance as the school district 		liaison for the education of homeless children or youths.  The school district 		liaison shall:
		a.     	Facilitate communication and cooperation between the school district 			of residence and the school district where the homeless child or youth 			resides;
		b.     	Develop procedures to ensure a homeless child or youth residing in the 			school district is enrolled and attending school pursuant to N.J.A.C. 			6A:17-2.5 and E. below;
		c.     	Ensure homeless families, children, and youths receive educational 			services for which they are eligible, including Head Start programs, 			preschool programs administered by the Board, and referrals to health 			care, dental, mental health, and other appropriate services;
		d.     	Inform parents of homeless children and youths of the educational and 			related opportunities available to their children and ensure that parents 			are provided with meaningful opportunities to participate in the 				education of their children;
		e.     	Ensure that public notice of the educational rights of homeless children 			and youths is disseminated where such children receive services, such 			as schools, family shelters, and soup kitchens;
		f.      	Ensure enrollment disputes are resolved pursuant to N.J.A.C. 				6A:17-2.7 and G. below;
		g.     	Ensure the parent of a homeless child or youth, or any unaccompanied 			youth, is fully informed of all transportation services, including 				transportation to the school district of residence, and is assisted in 				accessing transportation to the school selected under N.J.A.C.   				6A:17-2.5 and E. below;
		h.     	Assist the parent to obtain the homeless child’s or youth’s medical 				records or required immunizations; and
		i.      	Assist an unaccompanied youth to ensure the youth is enrolled in, and 			is receiving, all services pursuant to N.J.A.C. 6A:17, Policy 5116, and 			this Regulation.
	2.     	When a homeless child or youth resides in a school district, the school district 		liaison shall notify the liaison of the school district of residence within 			twenty-four hours of receiving notification from the parent, a shelter director, 		or an involved agency.
	3.     	Upon notification of the need for enrollment of a homeless child or youth, the 		liaison in the school district of residence shall coordinate enrollment 			procedures immediately based upon the best interest of the child, pursuant to 		N.J.A.C. 6A:17-2.5(b) and E.2. below.
E.     	School District Enrollment – N.J.A.C. 6A:17-2.5
	1.     	The Superintendent of the school district of residence or designee shall decide 		in which school district the homeless child or youth shall be enrolled as 			follows:
		a.     	Enroll the homeless child or youth in the school district of residence to 			the extent feasible, except when doing so is contrary to the wishes of 			the homeless child’s or youth’s parent;
		b.     	Continue the homeless child’s or youth’s education in the school 				district of last attendance if it is not the school district of residence; or
		c.     	Enroll the homeless child in the school district where the child resides.
	2.     	The Superintendent of the school district of residence or designee shall decide 		the school district of enrollment of a homeless child or youth based on what is 		determined to be in the best interest of the child or youth after considering:
		a.     	The enrollment of the homeless child or youth in the school district of 			residence to the extent feasible, except when doing so is contrary to the 			wishes of the child’s or youth’s parent.
		b.     	The continuity of the child’s educational program;
		c.     	The eligibility of the child for special instructional programs, including, 			but not limited to, bilingual, gifted and talented, special education, 				early childhood, and career and technical education programs; and
		d.     	The distance, travel time, and safety factors in coordinating 				transportation services from the residence to the school.
	3.     	The Superintendent of the school district of residence or designee shall 			determine the child’s or youth’s school district of enrollment immediately 			after consultation with the parent.  The school district of residence shall adhere 		to the following procedures:
		a.     	Enrollment decisions shall be made immediately upon notification of 			the need for enrollment.  When the decision is made, the child or youth 			shall be enrolled immediately.  If a dispute arises regarding 					enrollment of a homeless child or youth, the homeless child or youth 			shall be immediately enrolled in the school district in which enrollment 			is sought by the parent, pending resolution of the dispute pursuant to 			N.J.A.C. 6A:17-2.7 and G. below.
		b.     	Consultation with the parent regarding the enrollment decision and the 			right to appeal the decision shall be documented in writing.
		c.     	A decision to enroll a homeless child or youth in a school district other 			than the school district of residence or the school district requested by 			the parent shall be explained in writing and provided to the parent.
	4.     	When a decision is made to enroll the child or youth in a school district other 		than the school district of residence, the Superintendent or designee of the 			school district of residence shall forward to the new school district all relevant 		school and health records consistent with the provisions of N.J.A.C. 6A:32-7.
	5.     	When a homeless child or youth with a disability is enrolled in a school 			district other than the school district of residence, the school district of 			enrollment shall treat the student as a transfer student pursuant to N.J.A.C. 		6A:14, Special Education.
	6.     	When the school district of residence for a homeless child or youth cannot be 		determined, the Superintendent or designee of the school district in which the 		child or youth currently resides shall enroll the child or youth immediately in 		the school district of the current residence or the school district of last 			attendance.
	7.     	The school district selected pursuant to N.J.A.C. 6A:17-2, Policy 5116, and 		this Regulation shall immediately enroll the homeless child or youth, even if 		the child or youth is unable to produce records normally required for 			enrollment such as previous academic records, medical records, proof of 			residency, or other documentation. 
	8.     	Enrollment in the school district of residence; enrollment in the school 			district of last attendance, if not the school district of residence; or enrollment 		in the school district where the child or youth resides shall continue for the 		duration of homelessness, including when a family becomes homeless between 		academic years, and also for the remainder of the academic year if the 			homeless child or youth becomes permanently housed during the academic 		year.
F.     	Parental Rights – N.J.A.C. 6A:17-2.6
	1.     	Unless parental rights have been terminated by a court of competent 			jurisdiction, the parent retains all rights under N.J.A.C. 6A:17-2, Policy 5116, 		and this Regulation.
G.    	Disputes and Appeals – (N.J.A.C. 6A:17-2.7)
	1.               When a dispute occurs regarding the determination of homelessness or the 			determination of the school district of enrollment made by the school district of 		residence, the Superintendent(s) or designee(s) of the involved school 			district(s) or the child’s or youth’s parent(s) shall immediately notify the 			Executive County Superintendent. In consultation with the New Jersey 			Department of Education’s (NJDOE) McKinney-Vento Homeless Education 		Coordinator or the Coordinator’s designee, the Executive County 				Superintendent shall immediately decide the child’s or youth’s status.  If a 			dispute remains between the parent and the involved school district(s) 			following the Executive County Superintendent’s determination, the parent or 		the involved district Board(s) of Education may appeal to the Commissioner of 		Education for a determination pursuant to N.J.A.C. 6A:3, Controversies and 		Disputes.
	2.     	When a school district designated as the school district of residence disputes its 		designation as the school district of residence, or where no designation can be 		agreed upon by the involved school districts, the Superintendent(s) or 			designee(s) of the involved school districts shall immediately notify the 			Executive County Superintendent.  The Executive County Superintendent shall 		make a determination immediately, if possible, but no later than within 			forty-eight hours and, when necessary, in consultation with the NJDOE’s 			Homeless Education Coordinator, or the Coordinator’s designee.
		a.     	If the dispute regarding determination of the school district of 				residence does not involve the determination of homelessness and/or 			school district of enrollment, the school district disputing the Executive 			County Superintendent’s determination may appeal to the NJDOE 				pursuant to N.J.A.C. 6A:23A-19.2(d), (e), and (f), and request a 				determination from the Division of Finance.
		b.     	If an appeal of a determination of the school district of residence also 			includes an appeal of the determination of homelessness and/or school 			district of enrollment, the appeal shall be submitted to the 					Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.
	3.     	Any dispute or appeal shall not delay the homeless child’s or youth’s 			immediate enrollment or continued enrollment in the school district.  The 			homeless child or youth shall be enrolled in the school district in which 			enrollment or continued enrollment is sought by the parent, pending resolution 		of the dispute or appeal.
	4.     	Disputes and appeals involving the services provided to a homeless child or 		youth with a disability shall be made pursuant to N.J.A.C. 6A:14.
H.    	Tuition – N.J.A.C. 6A:17-2.8
	1.     	When the homeless child or youth is enrolled in a school district other than the 		school district of residence, the school district of residence shall pay to the 		school district of enrollment the tuition costs pursuant to N.J.S.A. 18A:38-19 		until the parent establishes a permanent residence or is deemed domiciled in 		another jurisdiction pursuant to N.J.S.A. 18A:38-1.d.  At that time, the school 		district of residence or the school district in which the parent has been 			deemed domiciled shall pay tuition to the school district of enrollment.
	2.     	The school district of residence shall list the child on its annual Application for 		State School Aid (ASSA) pursuant to N.J.S.A. 18A:7F-33 until the parent 			establishes a permanent residence or is deemed domiciled in another 			jurisdiction pursuant to N.J.S.A. 18A:38-1.d.  At that time, the school district 		of residence or the school district in which the parent has been deemed 			domiciled shall list the student on its ASSA.
	3.     	The State shall assume fiscal responsibility for the tuition of the child or youth 		pursuant to N.J.S.A. 18A:7B-12.1 and shall pay the tuition to the school 			district in which the child or youth is currently enrolled until the parent 			establishes a permanent residence or is deemed domiciled in another 			jurisdiction pursuant to N.J.S.A. 18A:38-1.d., under the following 				circumstances:
		a.     	If the school district of residence cannot be determined for the 				homeless child or youth;
		b.     	If the school district of residence is outside of the State; or
		c.     	If a child or youth resides in a domestic violence shelter, homeless 				shelter, or transitional living facility located in a school district other 			than the school district of residence for more than a year during the 			placement pursuant to N.J.S.A. 18A:7B-12.d. and 12.1.
	4. 	When the State assumes fiscal responsibility for the tuition of a homeless child 		or youth under the circumstances at N.J.A.C. 6A:17-2.8(c) and H.3. above, 		the State shall pay to the school district in which the child or youth is enrolled 		the weighted base per pupil amount calculated pursuant to N.J.S.A. 18A:7F-49, 		and the appropriate security and special education categorical aids per pupil 		pursuant to N.J.S.A. 18A:7F-55 and 56.

Issued:	March 16, 2017
Revised:	June 20, 2017, December 19, 2023