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Policy and FAQs

INTERDISTRICT PUBLIC SCHOOL CHOICE POLICY
FREQUENTLY ASKED QUESTIONS, UPDATED & REVISED
March 20, 2013
Topics (click on the topic below to go directly to related Q&A):

District application process

Student application process

District application process

New district applications to become a choice district in 2014-15

Q: Can a district have a special program that is open to choice students? Can admission criteria be used to evaluate applicants to the special program?

A: Yes, a district may have a special program that is open to choice students. If a choice district limits admissions to a special choice program with a particular area of concentration, it may evaluate applicants on their interest in the program and it must apply the same admission criteria for all students admitted to the program, whether they are choice or resident students. When developing admissions criteria for a special program, school districts must ensure that the identification methodology used is developmentally appropriate, non-discriminatory and directly related to the programs and services offered. The NJDOE will review all Choice program admissions criteria in the district's Choice application that is submitted for approval.

Expanding or changing approved choice programs

Q: If an approved choice district adds new grades, a school or a new program, or changes their admissions/eligibility criteria, must it submit another application to participate in the choice program?

A: Yes, changes other than number of seats in the approved grades require that the district submit a choice district program amendment application . The application is due by April 30 in the year prior to the school year in which the revised choice program will be implemented, and the commissioner will notify choice districts of the approval or disapproval of its application no later than July 30.

Funding Choice Districts

Q: How are choice students funded?

A:  The State pays the choice district its adequacy budget, on a per pupil basis, for each choice student. The State pays the district's local fair share per pupil rate to choice districts in the form of "choice aid;" resident districts keep the levy collected for students who "choice out," so this funding stays in the district. The State funding (also call equalization aid) follows the child to the choice district. Transportation is provided by the resident/sending district. To find more information about choice funding, visit the resources area of the website  .

Tuition and choice programs

Q: Can a choice district also maintain a tuition program?

A: State statute and regulation governing the existence of both a tuition and choice program in the district are referenced below.  If a district has a question about how the choice statute and implementing regulation apply to its specific situation, it is advised to consult the district's attorney to determine whether it can maintain both programs in the district.  

The statute reference http://www.state.nj.us/education/choice/law.htm  states the following:

A choice district shall not be eligible to enroll students on a tuition basis pursuant to N.J.S.18A:38-3 while participating in the interdistrict public school choice program. Any student enrolled on a tuition basis prior to the establishment of the choice program shall be entitled to remain enrolled in the choice district as a choice student.

The code reference http://www.state.nj.us/education/code/current/title6a/chap12.pdf states the following:

District boards of education may not maintain at the same time both a tuition program pursuant to N.J.S.A. 18A:38-3 and a choice program in the grade levels that the school district has made available to choice students.

Process for converting a tuition student to a choice student

Q: Does a tuition student automatically convert to a choice student? What is the process?

A: The tuition student does not need to file an application with the choice district. However, the choice district must include the student in their enrollment data submission to the NJDOE  in January, and must send a transportation request to the resident district in March. Tuition student should be registered with his/her resident district.

District's commitment to participate in the choice program

Q: Can a district that has submitted an application as a choice district withdraw their application?

A: The district may withdraw its application up until July 30. By statute (http://www.state.nj.us/education/choice/law.htm ), the Commissioner has until July 30 to notify a choice district of the approval or disapproval of its application.  After July 30, the NJDOE will publicize the districts' participation in the program.

Student application process

Intent to Participate Form and Confirmation of Student Enrollment/Eligibility to Participate Form

Q: What is the purpose of the Intent to Participate form and who should fill out the Confirmation of Student Enrollment/Eligibility to Participate form?

A: The primary purpose of the Confirmation of Student Enrollment/Eligibility to Participate form is to help the choice district designate the applicant as either a tier 1 or 2. The form should be sent to the applicant's current resident district so it can indicate whether the student is or is not currently enrolled in his/her district of residence. If the resident district fails to provide confirmation of the student's enrollment/eligibility to participate to the parent or guardian by 11/26/12, the student may apply to the choice program without it. The student should provide a signed and dated receipt for the delivery of the Notice of Intent to Participate Form and include with his/her application.

Choice and Student Athletes

Q: Can a choice district encourage student athletes to apply to their program?

A: No, a choice district cannot recruit or encourage student enrollment based on athletic ability. Similarly, students cannot participate in a choice program for athletic reasons. The NJSIAA 30-day transfer rule for varsity athletes will apply to choice students as well as to other students attending NJSIAA-member districts, beginning in September. Visit http://njsiaa.org/ to find their Constitution, Rules and Regulations. 

Student eligibility criteria for enrollment in choice districts

Q: Can a choice program use criteria for enrollment that is based on student performance, including test scores or grade point?

A: A choice program cannot discriminate in admission policies on the basis of intellectual aptitude. The law states the following:  A choice district may evaluate a prospective student on the student's interest in the program offered by a designated school. The district shall not discriminate in its admission policies or practices on the basis of athletic ability, intellectual aptitude, English language proficiency, status as a handicapped person, or any basis prohibited by State or federal law. (See 18A:36B-20 Interdistrict School Choice Law: http://www.state.nj.us/education/choice/law.htm )

However, if a choice district limits admissions to a special choice program with a particular area of concentration, it may evaluate prospective students on their interest in the program and it must apply the same admission criteria for all students admitted to the program, whether they are choice or resident students. When developing admissions criteria for a special program, school districts must ensure that the identification methodology used is developmentally appropriate, non-discriminatory and directly related to the programs and services offered. The NJDOE will review all Choice program admissions criteria in the district's Choice application that is submitted for approval.

Q: Can a choice district use discipline records as enrollment criteria?

A: No, a choice district cannot use discipline records as enrollment criteria .

Student enrollment procedures for choice students in districts with send-receive agreements or in limited purpose regional districts

Q: If a choice student completes the terminal grade in a choice district with a limited grade span, can the choice student automatically enroll in the receiving district school or a constituent district with a regional high school (including a limited purpose regional district) to which the choice district's resident students are sent as part of a send-receive agreement or a constituent relationship?

A: Any choice student who reaches the terminal grade level of the choice school district either (a) returns to the resident school district if that school district has grades above the choice school district; (b) is sent to the receiving school district that the choice student's resident school district students attend; or (c) applies to and is accepted into another choice school district with the requisite grade level. In this last scenario, when a choice student needs to change school districts because they have completed the terminal grade, they must reapply to another choice district with the desired grades.

However, if the choice district in which the choice student has completed the terminal grade has a send-receive agreement or a constituent relationship with a school with the requisite grades and the receiving school is in a choice district, the receiving school choice district may give enrollment preference to the choice student from their sending district. If the receiving school choice district decides to give enrollment preference to choice students from their sending district, it must develop an acceptance policy that is equitable and defensible. A high school district should develop policy adopted by the board regarding choice student applicants and the preferences allowed.

 If enrollment preference is granted, the following process should be used:

  • The choice student must fill out the choice application for the receiving school.
  • The new receiving district must notify the resident district of the student's change in enrollment by Jan. 14, 2013.
  • The transportation request information for the student must be sent to the resident district by March 15, 2013.

Advertising and revising the number of choice seats available

Q: How should a choice district count the number of available seats as required in their Program Profile?

A: A choice district should count all seats for which a student application is required. This excludes any students who will convert automatically to choice students (e.g., tuition students). It includes siblings and students for whom an enrollment preference is given according to the board's acceptance policy (e.g., students from sending schools in send-receive agreements).

Q: How can a choice district revise the number of choice seats it offers?

A: there are 2 ways for a choice district to revise the number of choice seats available:
1).Before Oct. 5, 2012 (and in future years before Sept. 15), a choice district must send to the NJDOE program office an updated/revised program profile including the number of seats by grade/program. The NJDOE will post on the website all updated choice program profiles for parents to identify and learn about available choice options. This information should be provided to the NJDOE on an annual basis so that the website can be updated with the most current information. 2) After Oct. 5, 2012 (and in future years after Sept. 15) and up until December 10, a choice district must submit a Seat Amendment Request to the NJDOE to increase or decrease the number of choice seats available.  

Q: Must a choice district fill all of its approved choice seats, or can the district choose to fill fewer seats?

A: A choice district must fill all of its approved choice seats if it receives enough student applications to do so.

Conducting lotteries

Q: What are the requirements for conducting lotteries?

A: When a choice district receives more applications than there are spaces available, the choice district must hold a public lottery to determine which students may participate in the choice program. The following processes are required:

  • Before conducting the lottery, the choice district may give preference to siblings of students already enrolled in and attending the choice district; these students do not need to be entered into the lottery. 
  • The choice district must assign a number to each student participating in the lottery and notify the parent or guardian of the lottery process, the date and time it will be held, and what number has been assigned to the applicant.
  • The choice district must develop a waiting list for those students not selected for admission in the lottery and must let the families know the student's number on the waiting list.

Choice enrollment data deadlines and adding choice seats

Q: Can a choice district add choice seats after the enrollment data submission deadlines (Jan. 14, 2013 for tier 1 students and Feb. 11, 2013 for tier 2 students)?

A: A choice district cannot add any additional choice seats after tier 1 enrollment data has been sent to the NJDOE on Jan. 14, 2013 and tier 2 enrollment data have been sent by Feb. 11, 2013.  NJDOE uses the enrollment data to develop the state and districts' SY 2013-14 budgets.  Note: districts cannot accept any new applications after the enrollment data have been submitted to the NJDOE—except in the case of resident students who move and convert to choice or students who receive a waiver approved by the Commissioner.  In these cases, the choice students will not be funded in the current year.

Choice District's use of the waiting list

Q: If a choice district loses a choice student after he/she has submitted an Intent to Enroll form and the enrollment data has been sent to the NJDOE (after Jan. 14, 2013 for tier 1 students and after Feb. 11, 2013 for tier 2 students), can the choice district fill that seat with another student from the wait list?

A: In order for a student to be placed on a waitlist, the student must have submitted an application by the deadline (Dec. 7, 2012) or, if the district's policy allows late applications,  by Jan. 14, 2013 for tier 1 and Feb. 11 for tier 2.

If a funded choice seat becomes available after the enrollment data has been submitted to the NJDOE because a student has withdrawn his/her Intent to Enroll, the district may use its waitlist to replace those students, provided the total number of choice seats does not exceed the number submitted to NJDOE.  The choice district must use the waitlist and select the replacement students according to the policy and regulations governing the development and use of the waitlist. There is no deadline for districts to pull from the waiting list. As long as the seat is funded and available, districts can fill it with a wait-listed student at any time.

The choice district must send the transportation requests for all their enrolled students to the resident district by March 15, 2013, or as soon as the student is enrolled in the choice district. If there are changes to the transportation needs of accepted students, the choice district must send any new/revised transportation requests to the resident district immediately so the district can seek bids. If a resident district receives a transportation request after the start of the school year, the district is not expected to seek bids and may offer aid in lieu of transportation to the student.

Accepting late applications

Q: Can choice districts continue to accept student applications after the application deadline (Dec. 7, 2012)?

A: Any applications received after the deadline (Dec. 7, 2012) but before the deadline to submit choice enrollment data to the NJDOE (Jan. 14, 2013 for tier 1 and Feb. 11 for tier 2) may be accepted by the choice district, but will be eligible for enrollment only after any applicants on the waitlist have been accepted and if a choice seat is available.

Districts cannot accept any new applications after the enrollment data have been submitted to the NJDOE—except in the case of resident students who move and convert to choice or students who receive a waiver approved by the Commissioner.  The choice district must notify the sending district by Jan. 14, 2013 for tier 1 students and Feb. 11 for tier 2 students, or as soon as the student accepts enrollment.  The late applicant does not need to get sign off from their resident district (the Confirmation of Student Eligibility to Participate will only cause confusion at this point.)

If a choice seat opens up after the enrollment data submission deadline, the district may pull from their waitlist to fill the seat but may not accept new applications. Note: Choice districts will only receive funding for tier 1 students included in the enrollment data submission on Jan. 14, 2013, and for tier 2 students included in the enrollment data submission on Feb. 11, 2013. 

Application denials

Q: Under what circumstances can a choice district reject applicants? What process must a district follow?

A: The circumstances warranting rejection of an applicant who meets the eligibility requirements are limited, according to statute :

18A:36B-20 Applications by student to choice district.

A choice district shall not prohibit the enrollment of a student based upon a determination that the additional cost of educating the student would exceed the amount of additional State aid received as a result of the student's enrollment. A choice district may reject the application for enrollment of a student who has been classified as eligible for special education services pursuant to chapter 46 of Title 18A of the New Jersey Statutes if that student's individualized education program could not be implemented in the district, or if the enrollment of that student would require the district to fundamentally alter the nature of its educational program, or would create an undue financial or administrative burden on the district.

A student whose application is rejected by a choice district must be provided with a written reason for the rejection in the Notice of Rejection .

The appeal of a rejection notice may be made by parents to the commissioner. The code for appeals can be found here: http://www.state.nj.us/education/code/current/title6a/chap3.pdf and http://www.state.nj.us/education/code/current/title6a/chap4.pdf

Resident district notification from non-public school students

Q: What must a student who is in a non-public school file with his/her resident district? Does he/she need to send a Notice of Intent to Participate or a Notice of Intent to Enroll form to their resident district if they apply to or are accepted into a choice district?

A: All Non-public and public school students must file the Notice of Intent to Participate with their current resident district by November 2, 2012. (Note that all New Jersey students who attend public schools in the state must be registered with their resident district, in accordance with N.J.S.A. 18A:38-1, et seq., and N.J.A.C. 6A:22-1.1, et seq., so non-public school students intending to enroll in a choice district should register with their resident district by Feb. 11, 2013.)  If the student receives a Notice of Conditional Acceptance in the choice program and sends the Notice of Intent to Enroll to the choice district, it is the responsibility of the choice district to send enrollment notification (simply copy the student's Notice of Intent to Enroll and forward) to the student's resident district by 2/11/2013. The choice district must also send the transportation requests for all their enrolled students to the resident district by March 15, 2013.

Enrollment of students who move from a choice district

Q: If a resident or choice student is enrolled in a choice district and that student moves, can the student stay in the choice district for the remainder of the current school year?

A: If a resident or choice student moves while they are enrolled in a choice district, the student decides if they will stay for the remainder of the school year. However, their status for the subsequent year depends on additional factors, such as the date of the move and whether they are a choice student or not. Please read the following FAQs.

Q: If a resident student is enrolled in a district that is a choice district and that student moves, can the student stay in the choice district? What are the processes that the student and district must undertake for budgeting and reporting?

A: In the case where a resident student moves out of a choice district during the school year, the parents/guardians of the student make the decision to remain in the choice district until the end of the current school year or move the student to the new resident district.  The new resident district then becomes responsible for providing transportation for the student.

If a resident student is attending school in a choice district and moves to another district prior to the data submission deadline, the district must convert the student to a choice student in the subsequent year and will receive choice funding for that student.

If a resident student is attending school in a choice district and moves to another district after the data submission deadline, the choice school district makes the decision to allow the student to remain in the choice district as an unfunded choice student in the subsequent school year and convert the student's enrollment to a funded choice student the following year if he/she remains in the choice program. The choice district must adopt a board policy that defines if it will allow the student to remain in the choice district as an unfunded choice student in the subsequent school year and must post the policy on their website and include in their Parent Information Center.

The following process should be used by a choice district that converts a resident student to a choice student:

  • The choice district must have documentation that the student has been converted to a choice student (the choice student application with the appropriate revisions may be used for this purpose).
  • The student must register with his/her new resident district to let the district know that he/she is a resident of the district.
  • The choice district must notify the resident district of the student's conversion to a choice student .
  • The transportation request information for the student must be sent to the resident district as soon as the resident status changes and transportation services are needed.

Q: If a choice student is enrolled in a choice district and that student moves, can the student stay in the choice district the following year? What are the processes that the student and district must undertake for budgeting and reporting?

A: If a choice student is attending school in a choice district and moves to another district, that choice student is eligible to remain in the choice district as a choice student without application. The new resident district then becomes responsible for providing transportation.
The following process should be used: 

  • The student must register with his/her new resident district to let the district know that he/she is a resident of the district.
  • The transportation request information for the student must be sent to the resident district as soon as the resident status changes and transportation services are needed.

Student's commitment to participate in a choice program

Q: Is the Student's Notice of Intent to Enroll in the Choice District binding, and do students/families have to make a commitment to attend the choice district for a year?

A: Although we discourage applicants to choice programs from changing their mind after they have returned the Notice of Intent to Enroll, there is no penalty for students who later determine not to participate in a choice program or leave the choice district after acceptance.  There is also no restriction on students enrolling in their resident district at any time.  We hope and encourage choice students to uphold their commitment and remain in their choice district until the terminating grade.

Tier 1 v tier 2 status for students entering kindergarten

Q: When is a student applying for enrollment in a choice program for kindergarten considered tier 1?

A: There are 2 categories of students that will be tier 1 when applying to a choice program for kindergarten:

  •  The student attended preschool school in his/her resident district for a full year immediately preceding enrollment in a choice district.
  • If no preschool exists in the student's resident district, the student has a sibling currently attending the choice district.

This policy is designed to encourage students in high poverty districts where high quality preschool is offered to attend preschool so they will be ready for kindergarten.

Choice districts may give preference among tier 2 students to those with siblings in the district.  

Application process for students who are enrolled in a charter school

Q: What is the application process for students who are enrolled in a charter school?

A: Charter school students are considered to be tier 1 in terms of their choice district application status. Either the chief school administrator of the charter school or the resident district superintendent should get the Intent to Participate form and fill out the Confirmation of Student Enrollment/Eligibility to Participate.

Handling preferences

Q: How are preferences handled in the application process?

A: Choice districts may establish polices granting preference to: 1. students with siblings enrolled in the choice district; 2. choice students from send-receive or limited purpose regional districts; or 3. resident students of the choice district who move during the school year and want to enroll in the choice district the following year.

Students granted preference may be put ahead of Tier 1 applicants and need not be entered into a lottery with Tier 1 applicants. However, if there are more 'preference' students than open seats, there needs to be a lottery of preference students. 

Choice districts may give preference among tier 2 students applying to kindergarten to those with siblings in the district.  

If enrollment preference is granted, the following process should be used:

  • The choice student must fill out the choice application for the receiving school.
  • The choice district must notify the resident district of the student's enrollment by Jan. 14, 2013.
  • The transportation request information for the student must be sent to the resident district by March 15, 2013.

Sibling preference

Q: How does sibling preference work?

A: Choice districts may grant preference to an applicant if a sibling is already enrolled in their choice program.  A choice district may also grant sibling preference for siblings applying to the choice program in the same year, in accordance with board policy, such that if one sibling applicant is admitted to the choice program, his/her sibling will also be admitted, provided a choice seat is available in that grade.  If choice districts develop a board policy granting sibling preference to new sibling applicants, they must devise a lottery that is fair and equitable and does not give increased chances for selection to those with siblings.

Choice districts may grant preference to tier 2 students applying to kindergarten to those with siblings already in the choice program.   

Student Application Deadline Waiver

Q: Can a student apply to attend a choice district during the current school year if the choice district agrees to accommodate the student and absorb the cost in the first year?

A: According to the NJDOE code (http://www.state.nj.us/education/code/current/title6a/chap12.pdf ): "A choice student applicant may seek from the Commissioner by a showing of good cause a waiver of the student application deadlines" in order to seek immediate enrollment in the current school year. (See the Q&A below and fact sheet on the waiver process.) Parents/guardians must request a waiver from the Commissioner; a choice district cannot, at its discretion, accept a choice student who applies after the application deadline.

Q: What constitutes "good cause" whereby a student may be granted a waiver from the application deadline from the Commissioner?

A: Waivers will be granted by the Commissioner only if there is a compelling reason. Waivers will not be granted for "convenience" reasons such as missing the application deadline. Please refer to the fact sheet on the waiver process.

Interdistrict Public School Choice Program
New Jersey State Department of Education
P.O. Box 500
Trenton, New Jersey 08625-0500

Email: pschoice@doe.state.nj.us