Governor Mikie Sherrill • Lt. Governor Dr. Dale G. Caldwell

Reasons for Non-Acceptance of a Choice Applicant

This page explains some of the allowable and non-allowable reasons for non-acceptance of a choice applicant. This page does not cover all factors and circumstances. The circumstances under which a district can choose not to accept a choice applicant are defined in the Interdistrict Public Choice Program Act of 2010.

If a choice applicant is not accepted, the choice district must send a Notice of Non-Acceptance that includes a reason for the non-acceptance. You can appeal this decision by submitting an appeal to the New Jersey Commissioner of Education. Refer to FAQ #3. How to initiate an appeal to the Commissioner for information on submitting an appeal.

Allowable Reasons

Students Classified as Eligible for Special Education

A choice district can choose not to accept a choice applicant who has been classified as eligible for special education services if any of the following is true:

  • The district is unable to implement the student's individualized education program (IEP).
  • The district would need to fundamentally alter the nature of its educational program to enroll the choice applicant.
  • Enrolling the choice applicant would create an undue financial or administrative burden on the district.

A district can revoke a choice student's acceptance if all the following is true:

  • The student is determined to need special education services after acceptance but before the start of the first school year in the choice district.
  • The choice district cannot implement the student's IEP.

Refer to the Special Education Students page for additional information.

Applicant's Interest in the Program

A choice district may evaluate a choice applicant based on the applicant's interest in the program offered by the school.

Non-Allowable Reasons

The choice district cannot base its acceptance decision on any of the following:

  • Athletic ability
  • Disability
  • English language proficiency
  • Intellectual aptitude
  • Any factor prohibited by state or federal law

Cost

The choice district cannot base its acceptance decision 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 choice applicant's enrollment.