NJ Parents
LAW AND POLICY
ENTITLEMENT TO ATTEND SCHOOL BASED ON DOMICILE/RESIDENCY
New Jersey law, N.J.S.A. 18A:38-1 and N.J.A.C. 6A:22, requires school districts to provide a free public education to students between the ages of 5 and 20, and to certain students under 5 and over 20 as specified in other applicable law, who are:
Domiciled in the district, i.e., living with a parent or 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, notwithstanding the existence of homes or residences elsewhere
Living with a person, other than the parent or guardian, who is domiciled in the district and is supporting the student without compensation, as if the student were his or her own child, because the parent cannot support the child due to family or economic hardship
Living with a person domiciled in the district, other than the parent or guardian, where the parent/guardian is a member of the New Jersey National Guard or the reserve component of the U.S. armed forces and has been ordered into active military service in the U.S. armed forces in time of war or national emergency
Living with a parent or guardian who is temporarily residing in the district
The child of a parent or guardian who moves to another district as the result of being homeless
Placed in the home of a district resident by court order pursuant to N.J.S.A. 18A:38-2
The child of a parent or guardian who previously resided in the district but 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 pursuant to N.J.S.A. 18A:38-3(b)
Residing on federal property within the State pursuant to N.J.S.A. 18A:38-7.7 et seq.
For more information on the law and its implementation, see the Department’s detailed informational materials, forms and notices.
