Experienced New Jersey Residence Disputes Attorney
Involved in a Residence Dispute? Our New Jersey Education Lawyer Can Help
Charles Z. Schalk is a New Jersey education lawyer with the skills, knowledge, and experience to handle the full range of residence disputes. Your child’s residence—as decided by the school district—will determine where he or she goes to school. If you have any specific questions or concerns about a residence dispute, we are here to help. Contact our New Jersey education law attorney today for a fully confidential, no obligation initial case review.
Where Does a Child Go to Public School in New Jersey?
Residence matters. In New Jersey, a child typically attends public school in the school district where their primary residence is located. For many kids and many school districts, that is a straightforward and non-controversial matter. At the same time, there are plenty of exceptions. There are complex situations. Under New Jersey law, a child’s residence for the purposes of education is determined by his or her permanent home address. That is defined as the place where he or she predominantly eats and sleeps. New Jersey law mandates that students enroll in the school district corresponding to their primary residence—regardless of where their parents or guardians may work or own other property. If a child lives with multiple caregivers in different districts due to shared custody arrangements, the school district of primary residence is usually determined by the address where the child spends the majority of school nights.
Note: Certain exceptions and specific arrangements may be made by school districts on a case-by-case basis. However, comprehensive documentation will be required.
An Overview of Residence Disputes (Education Law in New Jersey)
Disputes over where a child lives for the purposes of schooling can arise in a wide range of different situations. Our New Jersey education lawyer handles the full range of residence disputes, including:
- School District Boundary Line Disputes: In some cases, boundaries are not clear. A parent may have good reason to believe their residence falls within one district even if the school district disagrees.
- Shared Custody: Many disputes arising from cases in which children split time between homes in different districts. It is not always clear which address should determine their school district.
- Temporary Housing Situations: Another common cause of issues is when families are in transitional housing or another type of temporary accommodations.
- False Residency Defense: There may be disputes over situations where districts decide to investigate and challenge the authenticity of a residency claim. It usually happens after a district suspecting that the address provided is not the student’s primary residence.
What to Know About the Appeal Process (21 Days to Appeal)
A school district’s initial decision on your child’s residence is not the final word. The reality is complicated issues can arise and mistakes happen. If a school district disputes your child’s residency, you—and the child’s parent or guardian—can appeal the decision. As explained by the New Jersey Department of Education, “an appeal of a district board of education residency determination must be filed within 21 days of the date of the notice of ineligibility for the child to automatically remain enrolled in school during the proceedings.” In other words, these are highly time-sensitive cases. If you get a notice of ineligibility, you need to file an appeal right away.
New Jersey Education Lawyer Charles Z. Schalk is Here to Help
Where your child goes to school matters. It can make a big difference for your family. There are personal, logistical, and educational reasons why you may prefer a certain school district for your kid(s). Attorney Charles Z. Schalk is a New Jersey education lawyer with the professional expertise needed to handle even the most complex of residence disputes. Our client testimonials and case results demonstrate what we can do for clients. Our New Jersey education lawyer is ready to:
- Hear your story and answer your most pressing legal questions;
- Explain your rights and your options under New Jersey law;
- Investigate the residence dispute—gathering all relevant evidence; and
- Help you navigate the school district residence appeals process.
Contact Our Top Rated New Jersey Residence Dispute Attorney Today
Charles Z. Schalk is an educational residence disputes attorney in New Jersey who is committed to protecting the rights and interests of students and families. If you have any questions about a residence dispute, please do not hesitate to call us at (908) 526-0707 or contact us online. Initial consultations are fully confidential. We handle residence disputes throughout the State of New Jersey.
“Mr. Schalk obviously obtained a very successful verdict in a very very difficult case. This Court had an opportunity to observe Mr. Schalk throughout the trial. He certainly performed at an extremely high level . . . And to obtain the verdict that he did is a rare case . . . I feel very strongly that Mr. Schalk’s work in this case was at a very high level, a superior level and that if the 100 percent enhancement of the lodestar is in the rare case this would be the rare case in which Mr. Schalk would be entitled to that.”*”
