The New Jersey commissioner of education has issued a ruling that ensures that parents cannot be held liable for the cost of educating their child, even when that child lives in a group home and the parents move out of state.
The case involves a child with multiple disabilities who was placed in a group home by a state agency, and who received special educational services in a state-approved private school.
When the family moved out of state, the school district sought to terminate the student’s educational placement and sought reimbursement for the cost of the student’s special education costs.
In upholding the Administrative Law Judge’s determination in the matter, New Jersey Education Commissioner Chris Cerf confirmed that the district had failed to comply with state regulations and had improperly pursued tuition reimbursement from the student’s parent.
He underscored that a school district must obtain a new district of residency determination from the New Jersey Department of Education before it may terminate its financial responsibility for a student in a group home.
State procedures for district of residency re-determinations were specifically designed to avoid interruptions in a child’s educational placement.
In his ruling, the commissioner found that the parent “bears no financial responsibility whatsoever in this matter” since tuition must be charged to the district of residency or, for parents residing out-of-state, to the State of New Jersey.
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