School Law

Districts may register students that never step foot into the brick-and-mortar school building.

New Jersey districts may operate distance courses.¹

The New Jersey Administrative Code does not require students to attend the physical plant of the public high school in order to receive credit, transcript or a diploma. ²

New Jersey districts have discretion to serve non-resident students.³

Several state virtual systems explicitly include home school,⁴ private school⁵ , and sectarian school students⁶, regardless of location.

A district receives full state funding for its fully enrolled distance education students pursuant to N.J.A.C. 6A:8-5.1(a) 2.⁷

New Jersey districts are free to set their own attendance policies for distance courses to meet the four hour attendance minimum under N.J. Stat. Ann. §6A:32-8.3(b).⁸ A board of education may combine time-release attendance in sectarian courses at another institution to meet the four hour requirement.⁹

Endnotes

¹An online program cannot be completely automated. A certified teacher in each subject has to manage coursework. See Neptune Township Educational Association v. Neptune Township Board of Education, OAL DKT. NO. EDU 392-99.

² N.J.A.C. 6A:8-5.1(a) 2. The 120-credit (graduation) requirement . . . may be met in whole or in part through . . . (A)Independent study; (B)Online learning; (C)Work-based programs, internships, apprenticeships; (D)Study abroad programs; (E)Student exchange programs; (F)Service learning experiences; and (G) Structured learning experiences. Referred to as “Option Two,” this alternative means of attendance and graduation “may include, but is not limited to, one or more of the following: interdisciplinary or theme-based programs, independent study, magnet programs, student exchange programs, distance learning, internships, community service, co-curricular or extra-curricular programs, and/or other structured learning experiences.”Multiple and Diverse Paths to Student Success: A Guide to the Use of Option Two.

³“Nothing in this chapter shall be construed to limit the discretion of a district board of education to admit nonresident students, or the ability of a nonresident student to attend school, with or without payment of tuition, with the consent of the district board of education, pursuant to N.J.S.A. 18A:38-3(a).” N.J.A.C. 6A:22-2.2

⁴“A public, private, or homeschool student residing in South Carolina who is twenty-one years of age or younger shall be eligible to enroll in the South Carolina Virtual School Program.” S.C. Code Ann. § 59-16-15 “The SCVSP offers online courses for high school credit FREE-OF-CHARGE to any SC public, private, or homeschooled student.” SCVSP Brochure.

⁵ “Any student who meets state residency requirements may enroll in the Mississippi Virtual Public School.” Miss. Code Ann. § 37-161-3.

⁶“Nothing in this section shall preclude a private, parochial, or home school student residing within a school district offering virtual courses or virtual programs from enrolling in the school district in accordance with the combined enrollment provisions of section 167.031, for the purposes of participating in the virtual courses or virtual programs.” § 162.1250 R.S.Mo. “Any student under the age of twenty-one in grades kindergarten through twelve who resides in this state shall be eligible to enroll in the virtual public school regardless of the student's physical location..” § 161.670 R.S .Mo. Due to the large number of applicants, Missouri now charges a fee for the service.

⁷ See note 2. The following notes were taken during a Nov. 2, 2011 conversation with Larry Cocco, Director of Educational Technology in the New Jersey Department of Education: "All authority rests with the local board of education.” "New Jersey has no requirements to meet for a virtual program." "Complete authority rests with the local board." Question-"What about attendance requirements?" Response- "It is totally up to the local board." Question- "What about state funding? Can we get fully funded for a student who takes all courses at home?" Response: "Yes"

⁸ "District boards of education shall develop . . .Local student attendance requirements." N.J.A.C. 6A:8-5.1(a)

⁹“Recognizing attendance at church-sponsored released-time courses as satisfying graduation requirements advances religion no more than recognizing attendance at released-time courses or full-time church-sponsored schools as satisfying state compulsory attendance laws.” Lanner v. Wimmer, 662 F.2d 1349, 1361 (10th Cir. Utah 1981). This not been tested in New Jersey for students who are in a fully online program.