N.J. Admin. Code § 6A:22-6.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 6A:22-6.2 - Assessment of tuition where appeal is filed

(a) If an appeal to the Commissioner is filed by the parent, guardian, adult student, or school district resident keeping an "affidavit" student and the petitioner does not sustain the burden of demonstrating the student's right to attend the school district, or the petitioner withdraws the appeal, fails to prosecute, or abandons the appeal by any means other than settlement agreeing to waive or reduce tuition, the Commissioner may assess tuition for the period during which the hearing and decision on appeal were pending, and for up to one year of a student's ineligible attendance in a school district prior to the appeal's filing and including the 21-day period to file an appeal.

1. Upon the Commissioner's finding that an appeal has been abandoned, the district board of education may remove the student from school and seek tuition for up to one year of ineligible attendance pursuant to N.J.A.C. 6A:22-6.1(a), plus the period of ineligible attendance after the appeal was filed. If the record of the appeal includes a calculation reflecting the tuition rate(s) for the year(s) at issue, the per diem tuition rate for the current year and the date on which the student's ineligible attendance began, the Commissioner may order payment of tuition as part of the decision. In doing so, the Commissioner shall consider whether the ineligible attendance was due to a school district's error. If the record does not include such a calculation and the district board of education has filed a counterclaim for tuition, the counterclaim shall proceed to a hearing, notwithstanding that the petition has been abandoned.

2. An order of the Commissioner assessing tuition is enforceable through recording, upon request of the district board of education pursuant to N.J.A.C. 6A:3-12, on the judgment docket of the Superior Court, Law Division, in accordance with N.J.S.A. 2A:58-10.

N.J. Admin. Code § 6A:22-6.2

Recodified in part from N.J.A.C. 6A:28-2.10 and amended by R.2004 d.377, effective 10/4/2004.
See: 36 N.J.R. 2279(a), 36 N.J.R. 4448(a).
Rewrote the section.
Amended by R.2010 d.025, effective 1/19/2010.
See: 41 N.J.R. 3484(a), 42 N.J.R. 179(b).
Rewrote the section.
Amended by R.2013 d.143, effective 12/16/2013.
See: 45 N.J.R. 1209(a), 45 N.J.R. 2551(a).
Rewrote the introductory paragraph of (a) and (a)1; and in (a)2, inserted "of education".

Amended by 56 N.J.R. 1787(a), effective 9/3/2024