Your Rights to Attend School in New Jersey: A Simple Guide

Posted on September 25, 2025

Co-Authored by:

Catherine Thompson, Senior Corporate Counsel, Audible

Rachel Wiltshire Associate Corporate Counsel, Audible

 

For more information on this topic, contact Nina Peckman at npeckman@acnj.org.

Who Can Attend School?

Students ages 5-20 (ages 3-21 if in special education)

Where You Can Attend School

You can attend school in a district if:

  • Your parent/guardian lives there
  • You live with someone who takes care of you like a parent (without payment)
  • You're temporarily staying in the district due to family hardship
  • You live with someone who resides in the district when your parent/guardian are active military members in certain situations
  • You're homeless
  • You're placed there by court order
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Important Protections

  1. You Cannot Be Denied Enrollment Because:
  • Your housing isn't in perfect condition
  • You don't have a birth certificate (you have 30 days to provide it)
  • You don't have medical records (but may need immunizations to attend)
  • You don’t have the records from your previous school district 
  • Of your immigration status
  1. The School Cannot Require:
  • Income tax returns
  • Social Security numbers
  • Immigration documents
  • Housing inspection reports

Steps to Enroll

  1. Fill out the school's registration forms
  2. Provide proof you live in the district (can include):
  • Lease or mortgage documents
  • Utility bills
  • Property tax bills
  • Voter registration
  • Other documents showing where you live
  1. Once the school receives proof of residency and immunization (unless an exception to immunization requirements applies), a student must be allowed to attend even if the other required records are not yet available.

If You're Denied Enrollment

Your Rights:

  • The school must give you written notice explaining why
  • You have 21 days to appeal
  • Your child can attend school during those 21 days
  • You can continue attending while appealing

How to Appeal:

  • File an appeal with the Commissioner of Education
  • Get help from the school district's designated administrator
  • You have the right to a hearing in certain cases

Special Situations

  1. Family Crisis Protection:
  • Students can stay in their original school if they move due to:
    • Domestic violence
    • Death of a parent/guardian
    • House becoming uninhabitable (fire, flood, etc.)
    • Other family hardships
  1. Homeless Students:
  • Have special enrollment rights
  • Should contact the district's homeless liaison
  • Cannot be denied enrollment due to lack of documents

Need Help?

  • Each school district must have a designated administrator to help with enrollment
  • All notices must be in English and your native language
  • Free legal help is available through ACNJ and other education advocacy organizations.

Remember: These rights apply to ALL students, regardless of their immigration status or housing situation. If you need help, ask to speak with the school district's designated enrollment administrator.

When a parent should contact an attorney 

Based on the provided information, you would most likely need to contact an attorney in these specific situations:

  1. If your child is denied enrollment and you need to appeal the decision, especially if you believe the denial was incorrect or unfair.
  2. If you have a complex custody situation, such as:
  • Shared custody between parents living in different districts
  • Recent changes in guardianship
  • Need to prove legal guardianship status
  • Custody disputes that affect where the child can be enrolled
  1. If your child is living in a non-traditional arrangement that might need legal documentation, such as:
  • Living with someone who isn't the parent/legal guardian
  • Need to establish an "affidavit student" status (where someone other than a parent is caring for the student)
  • Complex living situations that might affect residency status
  1. If you're asked to pay tuition after initial enrollment because the district later determines your child wasn't eligible to attend (you might want legal advice to challenge this)
  2. If you believe the school district is requesting documentation they're not legally allowed to require (like immigration status or income tax returns)

Remember: Most routine enrollments don't require an attorney. It's primarily when there are disputes, complex custody situations, or appeals that legal assistance becomes helpful.

Links to relevant law 

Links to helpful resources 

KidLaw Resource Center