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Chapter 13A, Elements of High-Quality Preschool Programs

Table of Contents

Subchapter 1. General Provisions

6A:13A-1.1 Purpose and applicability of rules

6A:13A-1.2 Definitions

Subchapter 2. Eligibility, Enrollment, and The Universe of Preschool Students

6A:13A-2.1 Eligibility

6A:13A-2.2 Enrollment

6A:13A-4.3 Instructional staff

6A:13A-4.4 Intervention and support services

6A:13A-4.5 Health and nutrition

6A:13A-4.6 Family and community involvement

6A:13A-4.7 District board of education-fiscal accountability and integrity of preschool program

Subchapter 5. Curriculum and Assessment

6A:13A-5.1 Curriculum

6A:13A-5.2 Ongoing performance-based assessment of children

6A:13A-5.3 Screening

6A:13A-5.4 Classroom-quality assessment

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Subchapter 7. Facilities

Subchapter 9. School District Contracts with Private Providers and Local Head Start Agencies for

Providing Preschool Services

6A:13A-9.1 Contract

6A:13A-9.2 Informal dispute resolution process

6A:13A-9.3 Renewal or non-renewal of a preschool program contract

6A:13A-9.4 Termination of a preschool program contract

Subchapter 10. Fiscal Oversight

6A:13A-10.1 School district fiscal responsibilities

6A:13A-10.2 Private provider and local Head Start agency fiscal responsibilities

Subchapter 11. Appeals

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Chapter 13A, Elements of High-Quality Preschool Programs

established in this chapter as essential for the implementation of a high-quality preschool

program as a condition of receipt of Preschool Education Aid, which shall include, but not be

limited to, all positions, supports, services, materials, and supplies. The school district shall

ensure that preschool programs offered in-district and by contracted private providers and

local Head Start agencies receiving preschool funding meet all applicable requirements.

(b) The purpose of this chapter is to implement high-quality preschool programs pursuant to

P.L. 2007, c. 260.

(c) The district board of education shall ensure the inclusion of preschool children with

disabilities in general education settings to the maximum extent possible, as set forth at

N.J.A.C. 6A:14-4.2(a)1.

6A:13A-1.2 Definitions

The following words and terms shall have the following meanings when used in this chapter,

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“Age-eligible” means a child who turns three or four years old by the enrollment date determined

“Child and Adult Care Food Program” or “CACFP” means the Federally assisted meal program

"Classroom-quality assessment instrument" means a Department-approved, reliable, and valid

tool with a set of criteria and a rubric for scoring used to evaluate components of classroom

quality ranging from the nature of teacher-child interactions to the availability of materials and

activities that support early learning and development.

“Community and parent involvement specialist” or “CPIS” means a position to coordinate

family/school partnerships for the preschool program.

“Comprehensive curriculum” means a preschool curriculum that addresses all domains of

learning and is aligned to the New Jersey Preschool Teaching and Learning Standards of Quality.

The comprehensive curriculum is articulated in the Department-approved three-year preschool

program plan and is implemented within the school day.

“Comprehensive preschool educational program” means the delivery of the school district’s

comprehensive curriculum articulated in the Department-approved three-year preschool program

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“Consultation model” means an approach for specialists from various disciplines to guide

“Districtwide” means the school district’s entire preschool program as implemented across all in-

"Early childhood advisory council" or “ECAC” means an advisory group of community

stakeholders interested in the education and welfare of children in preschool through grade three

that is convened by the school district.

“Early Childhood Program Aid” or “ECPA” means State aid that was authorized pursuant to

repealed N.J.S.A. 18A:7F-16, and was distributed to all school districts with high concentrations

of low-income students for the purpose of providing preschool, full-day kindergarten, and other

early childhood programs and services.

“Early Launch to Learning Initiative” or “ELLI” means competitive awards offered by the

Department from 2005-2006 through the 2008-2009 school year to certain school districts.

“Family worker” means a person who promotes preschool student learning and development and

supports the needs and well-being of preschool students’ families to ensure the families’ well-

being and to promote the students’ learning and development.

“Fiscal specialist” means a district board of education position for managing the financial aspects of the

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"Free and/or reduced-price meal” means a meal served under the National School Breakfast or

“Grow NJ Kids” means the State’s rating and improvement system designed to assess site-based

childcare and early learning programs, provide training and incentives to improve the programs,

and communicate the programs’ level of quality to the public.

“Head Start” means a Federally funded national program that promotes school readiness by

enhancing the social and cognitive development of children through the provision of educational,

health, nutritional, social, and other services to enrolled children and families.

“Improvement plans” means the school district’s plans for improvement in areas of relative weakness

within its preschool programs as identified through the self-assessment and validation system.

“In-district” means the portion of a school district’s preschool program staffed by district board

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“Limited review examination” means an examination limited in scope to a review of specific

primarily speaks a language other than English in the home.

public and private nonprofit schools administered by the U.S. Department of Agriculture, Food

and Nutrition Service pursuant to 42 U.S.C. §1771 et seq.

“National School Lunch Program” means the Federally assisted meal program operated in public

and private nonprofit schools administered by the U.S. Department of Agriculture, Food and

Nutrition Service pursuant to 42 U.S.C. §§ 1751.

“New Jersey Preschool Program Implementation Guidelines” means a Department document available

at https://www.nj.gov/education/earlychildhood/preschool/docs/PSImplementationGuidelines.pdf that

planning and implementing high-quality preschool programs for age-eligible children.

“New Jersey Preschool Teaching and Learning Standards of Quality” or “Preschool Standards”

means the early learning standards and corresponding teaching practices as adopted by the State

https://www.nj.gov/education/earlychildhood/preschool/docs/PreschoolTeachingandLearningSta

ndards.pdf.

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“Newly contracted classroom” means any private provider or local Head Start agency classroom

“One-Year Preschool Operational Plan” means the one-year operational plan that school districts

“Performance-based assessment” means an ongoing assessment of all learning outcomes in each

domain identified in the Preschool Standards. The performance-based assessment is tailored to

the school district’s preschool curriculum and designed to measure individual preschool

children’s progress.

“Preschool Education Aid” means State aid provided to district boards of education to implement

preschool programs for age-eligible general education students.

through 2007-2008 budget years to increase the approved preschool costs for the projected

expansion of preschool programs in former Abbott school districts, as defined in the annual

Appropriations Act. For any school district that received initial Abbott status after 2001-2002,

“Preschool instructional coach” means a position for modeling, coaching, observing, and

providing feedback to teaching staff in preschool programs using the reflective cycle.

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all students who exhibit challenging behaviors, learning difficulties, or other social difficulties,

successful completion of the Department’s preschool instructional coach training course.

requested by the school district and approved by the Department, for use between the school

district and contracted private providers and/or local Head Start agency when contracting for

preschool program services.

“Preschool programmatic budget” means the annual budget for eligible three- and four-year-old

children prepared by the school district with guidance from the Department including, where

applicable, the budgets of contracting private providers or local Head Start agencies.

"Private provider" means a childcare center licensed by the Department of Children and Families

“Reflective cycle” means a process in which teachers work with coaches to improve teaching

practices. Teachers and coaches collaborate in a pre-conference meeting to plan instruction. Once

an instructional plan is in place, the coach observes the teacher implementing the plan in the

experience. The goal is to work collaboratively to improve classroom and instructional practice.

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children shall use any additional preschool aid to implement a full-day kindergarten

Education Aid carry-over funds for the school district’s preschool program in the

subsequent school year. The school district’s request for Commissioner approval shall

include justification for any expenditure of funds contrary to that approved by the

Department in the three-year preschool program plan and/or annual update.

(g) The district board of education shall establish procedures for recruitment, enrollment, and

placement of all eligible resident preschool children in the preschool program.

6A:13A-3.1 Program planning

Operational Plan by May 30, 2008, and received approval from the Department to expand

their preschool program in the 2008-2009 school year, and subsequently submitted and

received Department approval for a five-year preschool program plan commencing

September 2009, shall implement the preschool program plan and any update(s), and

shall adhere to this chapter.

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(b) Any other former ECPA school district, pursuant to repealed N.J.S.A. 18A:7F-16, shall

determined by the formula established at N.J.S.A. 18A:7F-54. A school district that receives

approval, as set forth at N.J.A.C. 6A:13A-2.1(b) through (j) and to (b)1 through 10 below, to

implement its three-year preschool program plan shall adhere to all other rules in this chapter.

1. The district board of education shall serve at least 75 percent of the universe of

four-year-old children in a preschool program prior to any spending of Preschool

Education Aid for kindergarten through grade three.

2. The district board of education shall implement programming for the following

components:

i. Districtwide planning;

ii. Community collaboration and planning;

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3. The district board of education shall demonstrate that programs are based on a

ii. Is developmentally appropriate to the age and skill level of the young child;

iii. Is designed to meet the New Jersey Preschool Teaching and Learning

iv. Includes transition activities, programs, and services between early

v. Coordinates with all other relevant school district programs, such as

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6. The district board of education shall ensure that instructional methods and/or strategies

8. The preschool program may be offered by the district board of education within a

mixed delivery system that includes in-district, private provider, and local Head

Start agency settings provided the private provider and/or local Head Start agency

program(s) with which the district board of education contracts comply with the

school district’s program requirements, including the employment of

appropriately licensed and qualified teaching staff.

9. The district board of education shall include parent education activities in the

preschool program with specific, identified strategies that assist parents in

remaining actively involved in their child’s education throughout their school years.

10. The district board of education shall demonstrate that community health and

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kindergarten programs for all five-year-olds as determined by the enrollment date

(d) Each school district receiving funds equal to its 2007-2008 Early Launch to Learning

Initiative (ELLI) award shall adhere to its 2007-2008 ELLI Operational Plan and any

update(s) until the school district receives approval to implement its preschool program

through Department approval of its three-year preschool program plan and is provided

with full Preschool Education Aid provided at the SFRA funded per pupil amount

determined by the formula established at N.J.S.A. 18A:7F-54. A school district that

receives approval, as set forth in this subsection, to implement its three-year preschool

program plan shall adhere to the rules of this chapter.

(e) The district board of education may offer the universal and targeted high-quality preschool

program within a mixed delivery system that includes in-district, private provider, and local

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2. The district board of education providing targeted preschool shall submit its projected

1. The strategies to address the elements in this chapter for high-quality preschool programs;

2. A rationale for the type of delivery system chosen and, for school districts seeking to

change the delivery system or expand the preschool program, a justification for not

contracting with every willing and able private provider and local Head Start agency;

3. The programmatic needs of students, programs, private providers, and local Head

Start agencies; and

4. The information collected annually from the self-assessment and validation,

beginning with the initial year of preschool program implementation.

(h) The Department shall issue a determination approving or disapproving the three-year

preschool program plan no later than April 1 of each year.

6A:13A-4.1 Administrative oversight

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(a) Each district board of education shall designate an in-district administrative position to

same certification and qualifications required of an early childhood supervisor or, as

approved by the Department in the school district’s three-year preschool program plan

and/or annual update, may be contracted for with a county or regional educational

services commission approved by the State Board to do so.

1. Each district board of education shall ensure that in-district early childhood

supervisors and administrators of in-district buildings with preschool children

hold the appropriate New Jersey supervisor endorsement or principal certificate,

have at least three years of experience in preschool education, and participate in

annual training specific to preschool program planning and implementation, the

school district’s comprehensive preschool curriculum, and assessment.

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2. In-district administrators and/or supervisors of preschool programs shall ensure

ii. Contributing to the development of long-range facilities plans;

iii. Supervising registration, recruitment, and outreach efforts;

iv. Overseeing contractual compliance with private provider and local Head

v. Collaborating and communicating with the school district office of special services;

vi. Facilitating transition initiatives in collaboration with early intervention

vii. Where applicable, meeting regularly with private providers and local Head

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xi. Coordinating annual program evaluation;

regulations at N.J.A.C. 10:122, Manual of Requirements for Childcare Centers.

1. The director shall work on-site at the childcare center for a minimum of five of

the six hours of the comprehensive educational program day.

2. The director shall hold, at a minimum, the credentials set forth at N.J.A.C. 10:122.

3. The director shall not serve in any other position, including, but not limited to,

instructional staff member or family worker, during the same hours the individual

serves as center director.

4. If the director is required to be off-site, the director shall assign an on-site

designee, pursuant to N.J.A.C. 10:122. The designee shall not be a classroom

teacher or teacher assistant.

6A:13A-4.2 Preschool instructional coaches

(a) The district board of education shall provide preschool instructional coaches at a ratio of no

more than 20 preschool classrooms for each preschool instructional coach to ensure

coaching and classroom support for classroom teachers. The district board of education shall

classroom settings. For school districts with fewer than 20 preschool classrooms, the

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preschool instructional coach position, described in the school district’s three-year preschool

instructional coach; or

3. Contract for preschool instructional coach services with a county or regional

educational services commission approved by the State Board to do so.

(b) The preschool instructional coach shall have the following qualifications and experience:

1. A bachelor’s degree and preschool through grade three (P-3) teacher certification;

2. At least three years of experience teaching in general education preschool programs;

3. Experience in implementing developmentally appropriate preschool curricula;

4. Experience with a range of appropriate early childhood assessments, including

performance-based and classroom-quality assessment instruments;

5. Experience providing professional development to classroom teachers; and

forth at N.J.A.C. 6A:9B.

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1. If accepted into one or more of the programs, the district board of education, contracted

the 2020-2025 United States Department of Agriculture Dietary Guidelines for

Americans, located at https://www.dietaryguidelines.gov/ regarding meal pattern

requirements and nutrition standards.

(a) The district board of education shall ensure that a coordinated system of social services is

provided to families of enrolled preschool children and shall describe the system in its

three-year preschool program plan and/or annual update. Services may be offered by:

1. Coordinating the social services and/or social services functions described in this

section among the school district, contracting private providers, and local Head

Start agencies; or

regional educational services commission approved by the State Board to do so.

(b) The services shall be provided by a combination of social worker(s), family worker(s),

and community parent involvement specialist(s) (CPIS) as part of the school district’s

social work, pursuant to N.J.A.C. 6A:9B-14.5, for every 300 preschool children

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enrolled at in-district settings. In school districts with fewer than 300 preschool children

iii. Provide follow-up, including a review of child needs, when necessary;

iv. Facilitate access to community social services, when appropriate;

v. Collaborate with assigned school district personnel to design and provide a

vi. Help parents learn about child development, nutrition, safety, and how to

2. A contracting private provider or local Head Start agency shall provide a family

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iii. Provide all requested data to the school district; and

combine the CPIS with another position as described in the school district’s three-

year preschool program plan and/or annual update. The CPIS shall, at a minimum:

i. Coordinate the early childhood advisory council;

ii. Evaluate the needs of families;

iii. Coordinate systematic parent involvement plans and activities;

iv. Coordinate work with other community agencies; and

v. Coordinate work with other social service personnel.

(c) The district board of education shall establish a preschool through grade three early

childhood advisory council (ECAC) to review preschool program implementation and to

support transition as children move from preschool through grade three.

6A:13A-4.7 District board of education-fiscal accountability and integrity of preschool program

preschool program.

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1. In school districts with eight or more contracting private providers or local Head Start

be combined with another in-district position when described in the three-year

preschool program plan and/or annual update(s), provided the qualifications and

responsibilities established in this chapter are met.

4. The preschool fiscal specialist duties shall include, at a minimum:

i. Monitoring each contracting private provider and/or local Head Start

ii. Tracking teacher certification information and reporting it to the Department;

iii. Monitoring expenses and reviewing quarterly expenditure reports in

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6A:13A-5.1 Curriculum

Student Learning Standards (NJSLS). The school district’s choice of curricula shall be

for helping multilingual learners maintain their home language while acquiring

English within their regularly assigned preschool classroom;

aspects of development and learning using the strategies and techniques

delineated in the Preschool Standards; and

aligned with the preschool curriculum.

6A:13A-5.2 Ongoing performance-based assessment of children

program is used to:

1. Plan intentional instruction for individuals and groups;

2. Identify children for health and special services;

3. Monitor trends and evaluate programs; and

4. Provide program accountability data, as specified by the Department.

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(b) The district board of education shall ensure all preschool classroom teachers conduct an

4. Is used for curriculum planning and reporting to parents; and

5. Is not used to determine the classroom placement of children.

6A:13A-5.3 Screening

(a) The district board of education shall conduct a developmentally based early childhood

screening assessment for each child upon enrollment in preschool to:

1. Identify children with broad indicators of potential problems who may require

further assessment; and

2. Determine if a child needs a comprehensive diagnostic assessment.

(a) Starting in the first year of preschool program implementation, the school district shall use,

year preschool program plan and/or annual update to assess program quality in each in-

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2. An action plan shall be developed and implemented by the school district and

quality improvements that are necessary based upon the observation instrument’s

results and to establish a timeframe for making the required changes.

3. The preschool instructional coach shall provide technical assistance to the

classroom teacher based upon the action plan.

4. If the district board of education determines improvements have not been made

according to the established plan and schedule, the district board of education, or

contracting private provider or local Head Start agency, may request from the

Department that the classroom or program be evaluated by a reliable, independent

observer. If the reliable, independent observer verifies the action plan is not being

satisfied in a contracting private provider or local Head Start agency classroom,

6A:13A-6.1 Transition

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(a) The district board of education shall include in its three-year preschool program plan

entry assessment within the first six to eight weeks of school to measure

children’s knowledge, skills, and behaviors at the beginning of kindergarten;

3. Methods for communicating to a child’s new kindergarten and elementary teachers

information about the child, including the results of the kindergarten entry assessment;

4. The process for identifying the curriculum and pedagogical information about the

preschool program and communicating it to the kindergarten and elementary teachers; and

5. The process for providing information to parents about the kindergarten program

and the transition plan from preschool through grade three.

Subchapter 7. Facilities

6A:13A-7.1 Space requirements

(a) For any school district or charter school that received Preschool Education Aid in August

2017 or thereafter, the district board of education or charter school shall ensure all preschool

classrooms in-district or in the charter school, as applicable, and at the contracted private

provider and local Head Start agency are a minimum of 950 square feet per classroom

consisting of 750 square feet of usable space, 150 square feet of storage, and equipment or

furnishings that are either built in or not easily movable, and 50 square feet of toilet room.

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1. Any preschool classroom that is relocating as of, or after, August 15, 2022, to a

(b) The district board of education shall ensure that all construction or alteration of playgrounds

and playground equipment complies with N.J.A.C. 5:23-7, Barrier Free Subcode, and

N.J.A.C. 5:23-11, Playground Safety Subcode, in the Uniform Construction Code.

(c) Any change(s) affecting the physical space or location of contracted private provider or local

Head Start agency preschool classrooms shall be approved prior to relocation or renovation

by the school district and shall meet the space requirements established at (a) and (b) above.

(d) Any change(s) affecting the physical space or location of in-district preschool classrooms

shall be approved by the executive county superintendent and shall meet the space

requirements at (a) and (b) above.

(e) The district board of education shall engage in systematic, long-range facilities planning

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1. A district board of education that receives approval, pursuant to N.J.A.C. 6A:5, to

6A:26 and the provisions of this chapter.

(g) Any district board of education using TCUs or other similar temporary facilities for

preschool classrooms as of August 15, 2022, shall submit to the Department proof of

compliance with N.J.A.C. 6A:26 and a long-range facilities plan for phasing out the use

of TCUs or other similar temporary facilities for preschool classrooms by June 30, 2027.

Subchapter 8. Program Evaluation

6A:13A-8.1 Self-assessment for continuous quality improvement cycle

(a) The district board of education shall participate in a process of continuous quality improvement

districts that utilize Grow NJ Kids shall also complete the ratings process, which is valid for

three-years. The self-assessment and validation system shall include the following:

1. A validation visit by a State team at least once every three years; and

2. A Department-required improvement plan in a Department-provided format that

shall include:

i. Identification of the program area(s) in need of improvement;

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provider or local Head Start agency and the Department about the deficiency and

contract shall be subject to written approval by the Department to the school

district and contracting private provider or local Head Start agency.

(c) Contracting private providers or local Head Start agencies may appeal to the

Commissioner, pursuant to N.J.A.C. 6A:3, Controversies and Disputes, a school district’s

decision to terminate a contract. The filing of an appeal shall not prevent the termination

from becoming effective on the date specified unless the appealing party seeks and is

granted a stay pending decision by the Commissioner.

(d) The school district and the contracting private provider or local Head Start agency may

terminate the preschool program contract by mutual agreement, in writing, upon notice to

and receipt of written approval from the Department.

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equivalent thereof, based upon funding for the items as approved by the Department. The amount

placement for all children. At no time shall the contracting private provider or local Head

Start agency be required to continue and be reimbursed for the service for more than 90

days beyond the expiration date of the existing preschool program contract.

6A:13A-10.1 School district fiscal responsibilities

(a) The district board of education shall ensure that the budget of each private provider and

local Head Start agency supports and aligns with the children’s needs and the actual

program costs for the six-hour comprehensive educational program and day, meets the

(b) The district board of education shall ensure that procedures for contracting private providers

and local Head Start agencies are in place to ensure sound fiscal practices including:

1. The district board of education shall verify for accuracy and efficiency of annual

budget planning workbooks submitted by each contracting private provider and

local Head Start agency prior to submission to the Department of the school

district budget planning workbook.

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2. The district board of education shall ensure that compensation for certified teachers

3. The district board of education shall monitor at least quarterly the expenditures of

each contracting private provider and local Head Start agency and shall recoup any

unexpended or misspent funds based on the quarterly expenditure reports, enrollment

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contracting private provider and local Head Start agency and verified by the district

(a) Any private provider or local Head Start agency contracting with a school district to

provide a full-day preschool program pursuant to this chapter shall implement sound

fiscal practices including, but not limited to:

1. Maintaining a financial management system that provides timely, accurate,

current, and complete disclosure of all financial activities related to the preschool

program operating under Preschool Education Aid and in accordance with

generally accepted accounting principles;

2. Certifying the proposed budget planning workbook, as submitted to the district

board of education, is true and accurate;

strict accordance with the budget planning workbook approved by the district

board of education and, as appropriate, by the Department;

4. Submitting to the district board of education a quarterly report of actual, approvable,

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accounts in the contracting private provider and local Head Start agency general ledger

and not commingling with revenue and expenditures related to other funding sources;

6. Requesting from the district board of education any budget transfer(s) or budget

planning workbook amendment(s) to the approved budget planning workbook, or:

i. If the Department approved a private provider budget planning workbook

7. Making all financial and program information available for inspection at any time

6A:13A-11.1 Preschool program appeals

(a) Appeals of Department decisions on preschool program plans and/or annual updates and

budget applications shall proceed as follows:

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1. The Department shall issue to school districts on or before April 1st program and budget

case except as noted in this subchapter.

(b) Any appeal filed pursuant to this subchapter shall include, in addition to the petition

required under (a)2 above, a copy of the complete application submitted to the

Department and a copy of the determination from which the appeal is taken.

6A:13A-11.2 Review of pleadings

(a) Upon review of the petition, answer, and supporting documentation, the Commissioner

may decide to hear the matter directly pursuant to N.J.S.A. 52:14F-8 or refer the matter to

the Office of Administrative Law.

(b) If the Commissioner decides to transmit the matter to the Office of Administrative Law

for a hearing, where appropriate and/or requested, the Commissioner shall request that

(c) If the Commissioner is hearing the matter directly, the Commissioner shall use the

procedures for motions for summary decision set forth at N.J.A.C. 1:1-12.5. In addition,

the Commissioner shall promptly notify the parties and provide them the opportunity to

review of the papers submitted, there are one or more genuine issues of material fact in

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dispute that can be determined only in an evidentiary proceeding, the Commissioner may

6A:13A-11.3 Commissioner review and decision

of the filings set forth at N.J.A.C. 6A:13A-11.1 and 11.2, or upon expiration of the time

to file all submissions, the Commissioner shall review the total record before the

Commissioner and render a written decision.

(b) In rendering decisions pursuant to this chapter, the Commissioner shall apply the

standards set forth for Department review in the operative rules for the type of application

in dispute. The burden of proof shall be on the petitioning party to demonstrate the

standards were met by the applicant notwithstanding the Department’s determination to

the contrary. The record on appeal shall consist of documents and information submitted

to the Department in support of the application and any additional information relied

upon by the Department in making the determination at issue.