New Jersey § 18a:36b-20

§ 18a:36b-20.

a. The parents or guardian of a student shall notify the sending district of the student's

intention to participate in the choice program and shall submit an application to

the choice district, indicating the school the student wishes to attend, no later

than the date specified by the commissioner. To be eligible to participate in the program, a student shall be enrolled at the

time of application in grades preschool through 12 in a school of the sending district

and have attended school in the sending district for at least one full year immediately

preceding enrollment in the choice district, provided that a “ sending district ” includes any school district that a student in a particular district of residence

is required by law to attend. The one-year requirement shall not apply to a student enrolling in preschool or

kindergarten in the choice district, if that student has a sibling enrolled in the

choice district. Openings in a designated school of a choice district shall be on a space-available

basis, and if more applications are received for a designated school than there are

spaces available, a lottery shall be held to determine the selection of students. Preference for enrollment may be given to siblings of students who are enrolled

in a designated school. If there is an opening in a designated school of a choice district and there is no

student who is enrolled in a sending district who meets the attendance requirements

of this subsection, including a student who has been placed on a waiting list based

on a lottery held in the choice district, then the choice district may fill that opening

with a public school student who does not meet the attendance requirements of this

subsection or a nonpublic school student. b. 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 person with a disability , or any basis prohibited by State or federal law. c. 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. d. A student whose application is rejected by a choice district shall be provided

with a reason for the rejection in the letter of notice. The appeal of a rejection notice may be made to the commissioner. e. Once a student is enrolled in a designated school, the student shall not be required

to reapply each school year for enrollment in any designated school of the choice

district and shall continue to be permitted to be enrolled until graduation. A student shall be permitted to transfer back to a school of the sending district

or may apply to a different choice district during the next application period. f. A choice district shall accept all of the credits earned toward graduation by a

student in the schools of the sending district. g. A choice district shall notify a sending district upon the enrollment of a choice

student resident in that district.