Terms Used In New Jersey Statutes 18A:38-3

  • Board: means the board of education. See New Jersey Statutes 18A:1-1
  • Contract: A legal written agreement that becomes binding when signed.
  • County superintendent: means the County Superintendent of Schools. See New Jersey Statutes 18A:1-1
  • District: means a school district. See New Jersey Statutes 18A:1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • Residence: means domicile, unless a temporary residence is indicated. See New Jersey Statutes 18A:1-1
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
  • Statute: A law passed by a legislature.
18A:38-3. a. Any person not resident in a school district, if eligible except for residence, may be admitted to the schools of the district with the consent of the board of education upon such terms, and with payment of tuition, as the board prescribes. Each board of education, with the approval of the executive county superintendent, shall establish a uniform tuition amount for any nonresident student admitted to the schools of a district pursuant to this section.

b. Any person not resident in a school district, if eligible except for residence, and if that person previously was a resident of the district, shall be admitted to the schools of the district without payment of tuition if that person’s parent or guardian is a member of the New Jersey National Guard or a member of the reserve component of the armed forces of the United States and has been ordered into active military service in any of the armed forces of the United States in time of war or national emergency, resulting in the relocation of the student out of the district. A school district admitting a student pursuant to this subsection shall not be obligated for transportation costs.

c. The provisions of subsection a. of this section shall not apply, regardless of residence, to the enrolled children of teaching staff members of the school district who are permitted, by contract or local district policy, to enroll their children in the educational program of the school district without payment of tuition.

d. Nothing in this section shall limit a school district’s ability to charge tuition pursuant to any other federal law, State statute, regulation, or court order.

e. The provisions of this section shall not apply to a county vocational school district.

L.1967, c.271; amended 1994,c.169,s.2; 2023, c.61.