State Preschool Program

Overview

Prior to September 2008, New Jersey operated two preschool programs:  (1) the Abbott preschool program, which was mandated by the New Jersey Supreme Court's Abbott V decision for all children living in the state's thirty-one low-wealth school districts; and (2) the non-Abbott Early Childhood Program Aid (ECPA) program, which provided funding for preschool programs in districts that did not meet the eligibility criteria of an Abbott district, yet had a high concentration of low-income families.

In January 2008, the state enacted the School Funding Reform Act of 2008 (SFRA), which effected certain changes in the state’s preschool programs and eliminated the Abbott and ECPA designations. The SFRA expands full-day preschool to more high poverty districts, and makes preschool programs available to every at-risk three- and four-year old in all districts. The constitutionality of the SFRA is currently being challenged in court, however, and in light of this uncertainty, the discussion here will include the SFRA preschool programs receiving “preschool education aid” as well as the predecessor Abbott and ECPA programs. The Abbott and ECPA programs were governed by different standards and will be discussed separately.

According to the National Institute for Early Education Research, New Jersey served 25% of its four-year-olds in its state preschool programs in 2006-2007. During this same period, New Jersey served 15% of its three-year-olds in preschool, ranking third behind Illinois and Vermont. New Jersey ranks first in the country in the amount of state resources expended on preschool, spending an average of $10,494 per child in 2006-2007. (For the Abbott preschool program, that figure was $11,831 per child.) 

State Policy

New Jersey's administrative regulations recite the rationale for the New Jersey Supreme Court's mandate that children in the Abbott districts receive a high-quality preschool education beginning at age three - namely, that intensive, high-quality preschool programs can close much of the early achievement gap for low-income children, leading to greater success in school and life. The SFRA’s stated goal is to make high quality preschool universal for at-risk children in all districts by providing the resources necessary “to prepare every child to learn and succeed.”

Eligibility Criteria 

Full-day preschool under the SFRA is to be made available to all three- and four-year-olds in school districts with District Factor Groupings (DFG) A and B, and all three- and four-year-olds in DFG C and D districts with at-risk concentrations of at least 40%, defined as families with incomes at 185% of the Federal Poverty Level. (These are referred to as districts providing “universal” preschool.) In all other districts, free full-day preschool is to be made available to all at-risk three- and four-year-olds. (These are referred to as districts providing “targeted” preschool.)

The Abbott preschool program was available to all three- and four-year olds residing in an Abbott district.  School districts enrolling less than 90 percent of the universe of eligible preschoolers must develop a corrective action plan setting forth specific plans to address under-enrollment, including plans for additional preschool facilities and recruitment of hard-to-reach families. School districts are prohibited from suspending and expelling eligible preschoolers. Instead, they are required to provide intervention and referral team and other services for teachers of children exhibiting challenging behavior, social difficulties and learning problems.

The ECPA preschool program was available to districts with high concentrations of low-income students.  However, unlike the Abbott preschool program, which is derived from a New Jersey Supreme Court decision and is mandated for all children residing in an Abbott district, the state was not required to fully fund ECPA preschool or ensure enrollment of all low-income children in the program.  In ECPA districts where the concentration of low-income students is between 20% to 40%, preschool is offered to four-year-olds.  Where the concentration is equal to or greater than 40%, preschool may be offered to three-year-olds, so long as the district also offers full-day kindergarten to all five-year-olds and preschool to all four-year-olds.

Program Length/Duration

Under SFRA, the preschool program is a full-day, school year program, required to provide 6 daily hours of instruction (meeting Department of Education standards) during the regular school year. Wraparound services are “encouraged,” but not required.

The Abbott preschool program was a full-day, full year program, required to operate 10 hours per day, 245 days per year. For 180 of those days, 6 hours of instruction (meeting Department of Education standards) must be provided with 4 hours of wraparound services (meeting Department of Human Services standards).  The full 10 hours of the remaining 65 days are governed by DHS standards.

A district may request a waiver to provide a half-day and/or school year program to those who prefer such a program, so long as it also offers a full-day, full-year program.

There were no statutory or regulatory provisions regarding the hours of operation of ECPA preschool programs.

Funding

The SFRA establishes a formula to calculate “preschool education aid” based on the number of students in the program and fixed per-pupil amounts. This deviates from prior law, which incorporated needs-based budgeting to provide aid sufficient to meet the actual costs of implementing the program. Also, the SFRA allows districts to reallocate preschool aid for use in K-12 programs under certain circumstances.

When a CD district qualifies for preschool aid, it may continue to receive such aid for a minimum of three school years, even if its concentration of low-income pupils falls below the requisite level.

Prior to the School Funding Reform Act of 2008, Early Childhood Program Aid was distributed to all school districts with high concentrations of low-income students so they can provide full-day kindergarten and preschool programs.  Aid is distributed according to one of two formulas, depending on whether the concentration of low-income students exceeds 40 %.  When a district qualifies for early childhood aid, it may continue to receive such aid for a minimum of two school years, even if its concentration of low-income pupils falls below the requisite level.  The amount of aid, however, will be reduced by the percentage decline.

The thirty-one Abbott school districts in 2006-2007 received both Early Childhood Program Aid and preschool expansion aid. Preschool expansion aid is the amount above Early Childhood Program Aid necessary for the district to serve all children in the district in the high quality program ordered by the New Jersey Supreme Court in Abbott V.  Before SFRA, the New Jersey Department of Education was required to provide the funds necessary to implement a high quality preschool program in the Abbott districts. This was accomplished via needs-based budgeting intended to provide aid sufficient to meet the actual costs of implementing the program.

The six hour educational component of the Abbott preschool program and the non-Abbott ECPA program were available to all families without charge. In addition, families with incomes below 300% of the federal poverty level were eligible for Abbott program wraparound and extended year services free of charge; beginning in September 2007, Abbott preschool families with incomes above 300% of the federal poverty level were required to pay a fee for wraparound and extended year services. In September 2008, this dropped to 250%.

Quality Standards

The New Jersey Supreme Court specified standards for a high quality preschool program that all Abbott preschool providers must meet. These standards, which have been incorporated into state regulations, include: a certified teacher and assistant for each class; a maximum class size of 15 students; a minimum of 1 master teacher per 20 classrooms; a developmentally appropriate curriculum; adequate facilities; transportation, health and other related services; support for language acquisition; an Early Childhood Education Advisory Council; an outreach and recruitment plan for full enrollment; coordination with kindergarten; and parent education and involvement.  On-site monitoring to ensure program compliance is also required. New Jersey, which utilizes school districts, private childcare providers and Head Start agencies to deliver the Abbott pre-k program, requires comparable pay between teachers in school district programs and those in other pre-k provider settings. In a national survey of quality standards, the National Institute for Early Education Research (NIEER) rated New Jersey's Abbott Program a 9 out of 10.  The only NIEER benchmark the Abbott Program did not meet is a Child Development Associate degree for assistant teachers.

Under the SFRA, the Commissioner of Education adopts preschool quality standards, but there is no legal requirement that those standards meet the program quality standards mandated by the state Supreme Court in the Abbott rulings.

In a separate evaluation, NIEER gave the ECPA program a rating of 6 out of 10. ECPA meets the teacher degree standards by requiring lead teachers to have a BA and specialized training in early childhood. Teachers must also serve at least 100 hours of in-service training every 5 years. ECPA requires health, vision, and hearing screening and referral, and provides support services for parents. However, ECPA has a maximum class size of 25 students, and a staff-child ratio of 2:25, both of which exceed the NIEER benchmarks. Beginning in July 2008, however, the ECPA program will meet these benchmarks, with a maximum class size of 18, and a ratio of 2:18. ECPA also does not fulfill NIEER’s meal provision requirement and the degree requirement for assistant teachers.

State-funded preschool is delivered through the public school system, although school districts may both offer preschool within the district and contract with private and public agencies for delivery of programs. Districts can contract with existing child care or Head Start programs if the providers are able to meet “the elements of a high-quality preschool program.” (Prior to the SFRA, providers had to be able to meet all Abbott quality standards  In order for districts to contract with a new child care provider, the provider must have at least 1 year of experience providing preschool services, be able to accommodate at least 90 eligible children, and demonstrate fiscal responsibility.  All contracts must include specified supports and accountability measures.  Districts must conduct on-site monitoring at least 2 times in the contract year and develop a plan for the full inclusion of all Head Start programs in the Abbott preschool program.

Districts may provide ECPA preschool through contracts with DHS-licensed child care providers, as long as the childcare programs can meet the district's program requirements.

Requirements for Student Assessment and Program Evaluation

Districts with preschool programs must implement an on-going performance-based assessment process that measures children's progress and informs curriculum planning and communication with parents.  Districts must also participate in an annual self-assessment and validation system that evaluates program implementation and progress on program improvement plans.  Districts' operational plans must be based on a needs assessment of its students, programs, and child care providers that includes, but is not limited to, information on demographics, facilities, outreach and recruitment, parent education and involvement, and transportation.

Districts must ensure that ECPA programs are based on a district-wide assessment and receive an annual program evaluation

Legal Framework

Education Clause in State Constitution

The education clause in New Jersey's State Constitution requires the legislature to "provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all children in the State between the ages of five and eighteen years."

Summary of Case Law on School Finance System

In Robinson v. Cahill, the New Jersey Supreme Court held that the right to a "thorough and efficient" education is a fundamental right guaranteed by the State Constitution.  In Abbott II, the Court defined a "thorough and efficient" education as "more than teaching the skills needed to compete in the labor market . . .. It means being able to fulfill one's role as a citizen . . . to participate fully in society, in the life of one's community . . .."  The Court acknowledged that in order to achieve this constitutional standard in the poorer urban districts, the districts' educational offerings must surpass those of the affluent suburban districts.  In Abbott IV, the Court held that the state's Core Curriculum Content Standards (CCCS) comport with the constitutional guarantee of a "thorough and efficient" education.  

In a series of decisions in 1975-76 in the Robinson v. Cahill case, the Supreme Court of New Jersey held that the state's school finance legislation was constitutional, so long as it was fully funded by the legislature, because it afforded local districts a means of overcoming budget shortfalls and addressed disparities in per-pupil expenditures.  More than twenty years later, the Court held in Abbott IV, the fourth of a series of decisions in the Abbott v. Burke litigation, that the state's new school finance legislation was unconstitutional as it applied to the low-wealth, urban school districts, known as the Abbott districts, because it failed to guarantee sufficient funds to enable children in those districts to achieve the state's academic standards.  The Court ordered the state to provide foundation aid equal to the amount spent by the state's high wealth districts to each of the Abbott districts and remanded the case for additional hearings on required supplemental, or at-risk, programs and facilities.  In Abbott V, the Court issued a remedial order that included various educational programs and services, including preschool education, whole school reform, health and social services, and school facilities.

The School Funding Reform Act of 2008 (SFRA), passed by the state legislature in January 2008, ends the Abbott district designation and eliminates many of the reforms ordered by the Supreme Court. In March 2008, the state filed a motion with the Court for a determination that the new funding scheme is constitutional and that the Abbott remedies (aside from preschool) are no longer required. On November 18, 2008, in a unanimous opinion, the New Jersey Supreme Court ordered a remand in the case. Expedited hearings were held before Superior Court Judge Peter E. Doyne (from February 9 to March 3, 2009) to fully vet the constitutionality of the SFRA, including changes to the preschool provisions. Post-trial submissions were filed on March 9, 2009, and Judge Doyne anticipates submitting his findings to the Supreme Court by April 10, 2009.

Summary of Case Law on Preschool

As part of the remedy ordered in Abbott V, the New Jersey Supreme Court directed the state Department of Education to provide high quality, half-day preschool for all three- and four-year-old children in the Abbott districts, recognizing that preschool is critical to the attainment of a "thorough and efficient" education once these children enter the regular public schools.  Two years later, the Court found in Abbott VI that the state's use of community childcare providers, which were staffed by uncertified teachers and governed by weaker standards, violated the mandate in Abbott V for well-planned, high quality preschool.  Acknowledging the need to use community providers to implement the preschool programs, the Court ordered the state to eliminate disparities in quality between school district and community provider programs.  In addition, the Court specified a number of other components of high quality preschool programs that the state must assure, such as substantive educational standards and funding for outreach efforts.  In Abbott VIII, the Court again found that the state had failed to provide high quality preschool and set forth additional requirements for Abbott preschools regarding curriculum, enrollment, budgeting, corrective action, and the use of Head Start and community childcare programs.

The new School Funding Reform Act of 2008 (SFRA), which ends the Abbott district designation and eliminates many of the court-ordered Abbott reforms, maintains preschool funding in the 31 Abbott districts and incrementally expands funding to other districts, but also replaces needs-based funding with a flat per pupil amount and fails to incorporate Court-mandated preschool quality standards.

In March 2008, the state filed a motion with the Court for a determination that the new funding scheme is constitutional and that the Abbott remedies (aside from preschool) are no longer required. The New Jersey Supreme Court ordered a remand in the case, and following remand hearings in February and March 2009, Superior Court Judge Peter E. Doyne anticipates submitting findings to the Supreme Court by April 10, 2009. (See more details under “Pending Cases” below.)

Constitutional Provisions on Public Education

The legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and eighteen years.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

Robinson v. Cahill, 69 N.J. 133, 147, 351 A.2d 713, 720 (1975)

 “[T]he right of children to a thorough and efficient system of education is a fundamental right guaranteed by the Constitution.”

School Finance Cases in Favor of Plaintiffs: 

Abbott v. Burke, 149 N.J. 145, 693 A.2d 417 (1997) (Abbott IV) 

The New Jersey Supreme Court ruled that the state's school finance legislation, the Comprehensive Educational Improvement and Financing Act, was facially constitutional in its adoption of the state's Core Curriculum Content Standards as the definition of a constitutionally adequate education, but unconstitutional as applied to the state's low-wealth, urban school districts because it failed to guarantee sufficient funds to enable students in those districts to achieve the requisite academic standards. Abbott IV, 149 N.J. at 168-69, 693 A.2d at 428-29. The Court also found that the state's funding formula for supplemental or at-risk programs was not based on a study of actual needs or the cost of meeting those needs, and that the state failed to address facilities problems in the low-wealth, urban districts. Id. at 185-88, 693 A.2d at 437-38. The Court adopted a two-part remedy. First, the Court ordered the state to provide foundation aid for each special needs district on par with the amount spent by the state's high-wealth, successful school districts. Second, the Court remanded the case for additional hearings on an appropriate remedy on supplemental, or at-risk, programs and facilities. Id. at 224-25, 693 A.2d at 456-57. Specifically, the Court instructed the remand court to direct the Commissioner of Education:

…to initiate a study and to prepare a report with specific findings and recommendations covering the special needs that must be addressed to assure a thorough and efficient education to the students in the [Abbott districts]. That report shall identify the additional needs of those students, specify the programs required to address those needs, determine the costs associated with each of the required programs, and set forth the Commissioner's plan for implementation of the needed programs. In addition, [the court] shall direct the Commissioner to consider the educational capital and facilities needs of the [Abbott districts].

The Court's remedial order in Abbott V, discussed below, is the culmination of the remand hearings.

Abbott v. Burke, 153 N.J. 480, 492, 710 A.2d 450, 456 (1998) (Abbott V)

In the fifth decision of the New Jersey Supreme Court in litigation filed in 1985 on behalf of children in the state's low-wealth, urban school districts – known as the Abbott districts, in which plaintiffs claimed the state continued to fail to provide a thorough and efficient system of education, the Court ordered implementation of a remedy that included whole school reform; full-day kindergarten; half-day preschool for all three- and four-year olds; supplemental or at-risk programs as needed; on-site health and social services; adequate school security; drop-out reduction programs; summer school and after-school programs; and adequate school facilities.

Since Abbott V, the Supreme Court has reaffirmed its rulings in seven reported decisions: Abbott v. Burke, 163 N.J. 95, 748 A.2d 82 (2000) (Abbott VI); Abbott v. Burke, 164 N.J. 84, 751 A.2d 1032 (2000) (Abbott VII); Abbott v. Burke, 170 N.J. 537, 790 A.2d 842 (2002) (Abbott VIII); Abbott v. Burke, 172 N.J. 294, 798 A.2d 602 (2002) (Abbott IX); Abbott v. Burke, 177 N.J. 578, 832 A.2d 891(2003) (Abbott X(a)); Abbott v. Burke, 177 N.J. 596, 832 A.2d 906 (2003) (Abbott X(b)); Board of Educ. of City of Millville v. NJ Dept. of Educ. 183 N.J. 264 (2005).

For a history of New Jersey school finance litigation prior to Abbott V, including Abbott v. Burke’s predecessor case, Robinson v. Cahill, see Abbott V, 153 N.J. at 490-493.

Standard for a Constitutionally Adequate Education:

Abbott v. Burke, 119 N.J. 287, 575 A.2d 359 (1990) (Abbott II)

“Thorough and efficient means more than teaching the skills needed to compete in the labor market, as critically important as that me be. It means being able to fulfill one's role as a citizen, a role that encompasses far more than merely registering to vote. It means the ability to participate fully in society, in the life of one's community, the ability to appreciate music, art, and literature, and the ability to share all of that with friends.”  Abbott II, 119 N.J. at 363-64, 575 A.2d at 398.

“It is clear to us that in order to achieve the constitutional standard for the students in these poorer urban districts – the ability to function in that society entered by their relatively advantaged peers – the totality of the districts' educational offering must contain elements over and above those found in the affluent suburban district.” Id. at 374, 575 A.2d at 402.

“A thorough and efficient education requires such level of education as will enable all students to function as citizens and workers in the same society, and that necessarily means that in poorer urban districts something more must be added to the regular education in order to achieve the command of the Constitution.” Id. at 374, 575 A.2d at 403. 

Abbott v. Burke, 149 N.J. 145, 168, 693 A.2d 417, 428 (1997) (Abbott IV)

The New Jersey Supreme Court held that the state's educational content and performance standards comport with the constitutional guarantee of a thorough and efficient education.

School Finance Cases against Plaintiffs:

Robinson v. Cahill, 69 N.J. 449, 355 A.2d 129 (1976)

The Supreme Court of New Jersey found the state's school finance legislation, the Public School Education Act of 1975, to be facially constitutional as it afforded local districts a means of overcoming budget shortfalls and addressed disparities in per-pupil expenditures. Robinson, 69 N.J. at 467, 355 A.2d at 139. However, in a subsequent case, the Court granted an injunction restraining implementation of the Act when the legislature failed to fund it. See Robinson v. Cahill, 70 N.J. 155, 358 A.2d 457 (1976). The injunction was later dissolved when the state passed legislation to fully fund the Act. See Robinson v. Cahill, 70 N.J. 465, 360 A.2d 400 (1976).

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

Abbott v. Burke, 153 N.J. 480, 710 A.2d 450 (1998) (Abbott V) 

The Supreme Court of New Jersey directed the State Department of Education to provide high quality, half-day preschool for all three- and four-year old children in the state's low-wealth, urban school districts – known as Abbott districts - as a part of the educational program needed by children in such districts to achieve a constitutionally adequate education. Abbott V, 153 N.J. at 508, 710 A.2d at 464. The Court did not rule that Abbott school children have a constitutional right to preschool based on the education clause, thereby avoiding having to overcome the language in the New Jersey Constitution granting a right to public education to children between the ages of five and eighteen.  Rather, the Court based its preschool directive on (1) the Commissioner's recommendation during the remand hearing for high quality preschool for all four-year olds residing in the Abbott districts, together with his authority under CEIFA to restructure curriculum in Abbott districts, and (2) the Legislature's requirement in CEIFA for funds for preschool for four-year-olds in all Abbott districts and three-year-olds in most Abbott districts. The Court characterized that statutory requirement as “a clear indication that the Legislature understood and endorsed the strong empirical link between early education and later educational achievement.”  Id.. at 507, 710 A.2d at 464. While resting its decision on the Commissioner's authority and on statutory interpretation, the Court nonetheless found that “because the absence of such early educational intervention deleteriously undermines educational performance once the child enters public school, the provision of pre-school education also has strong constitutional underpinning.”  Id.  

The Court recognized the research-based link between high quality preschool programs and later success in achieving a constitutionally adequate education:

This Court is convinced that pre-school for three- and four-year-olds will have significant and substantial positive impact on academic achievement in both early and later school years.  As the experts described, the long-term benefits amply justify this investment. Also, the evidence strongly supports the conclusion that, in the poor urban school districts, the earlier children start pre-school, the better prepared they are to face the challenges of kindergarten and first grade. It is this year-to-year improvement that is a critical condition for the attainment of a thorough and efficient education once a child enters regular public school. Id. at 506-07, 710 A.2d at 463-64.

The Court directed the state to adequately fund preschool programs in the Abbott districts and to ensure that transportation and other services, support, and resources related to preschool programs were provided. Additionally, the Court directed the state to prioritize construction of preschool facilities in order to fully implement the preschool program. The Court allowed the state to authorize “cooperation with or the use of existing early childhood and day-care programs in the community,” as a means of implementing the preschool program.   Id. at 508, 710 A.2d at 464.

See also Abbott v. Burke, 149 N.J. 145, 183, 693 A.2d 417, 436 (1997) (Abbott IV) (“The provision of full-day kindergarten and preschool is an indispensable component of any educational program designed to aid children in the [Abbott districts].”); Abbott v. Burke, 119 N.J. 287, 373, 575 A.2d 359, 402  (Abbott II) (“[I]ntensive pre-school and all-day kindergarten enrichment program[s are necessary] to reverse the educational disadvantages these children start out with . . . .”).

Abbott v. Burke, 163 N.J. 95, 748 A.2d 82 (2000) (Abbott VI)

In plaintiffs' motion in aid of litigants' rights, the Supreme Court of New Jersey found the state's use of community childcare providers staffed by uncertified teachers and governed by Department of Human Services childcare standards, and lack of substantive educational standards, violated the Court's mandate in Abbott V for well-planned, high quality preschool for all three- and four-year old children residing in the Abbott districts. The Court affirmed “a core understanding that the needs of at-risk children can be met only by quality preschool programs.” Abbott VI, 163 N.J. at 104-05, 748 A.2d at 87. The Court acknowledged the need to utilize existing community childcare providers in order to implement the preschool program and ordered the state to eliminate disparities in quality between school district and community provider programs. Specifically, the Court ordered the Department of Education to establish substantive educational guidance and to ensure the following components of a high quality program, for all Abbott preschool programs: teachers with Bachelors' degrees and an early childhood certification (with a four year timeframe for all teachers in community childcare programs to achieve these credentials); class size of 15; and a 1:15 teacher-to-student ratio. Additionally, the Court ordered the Department of Education to make funding available for concerted outreach efforts in Abbott districts with low enrollment in the preschool program.

Abbott v. Burke, 170 N.J. 537, 790 A.2d 842 (2002) (Abbott VIII)

In plaintiffs' second motion in aid of litigants' rights challenging the state's implementation of the Abbott preschool program, the New Jersey Supreme Court ordered the State Department of Education to complete its final draft of its preschool curriculum guidelines; develop district-level corrective action plans when preschool enrollment does not meet the Department's goals; include Head Start programs in the Abbott preschool program and provide reasonable supplemental funds so that Head Start and other community childcare providers can meet the more demanding standards of the Abbott program and retain qualified staff; and base preschool budget decisions on a record reflecting a thorough assessment of actual needs, rather than an arbitrary, predetermined per-pupil amount.

Board of Educ. of City of Millville v. NJ Dept. of Educ. 183 N.J. 264 (2005)

The New Jersey Supreme Court reaffirmed the state’s duty to ensure full funding for the Abbott preschool program. The Court ruled that the state could require school districts to reallocate funding from other programs to the preschool program only if the state assumed responsibility for making up shortfalls in other programs, unless it could demonstrate availability of district funds not needed by the other programs. In order to direct reallocation of district funds to make up for shortfalls caused by the state ’s preschool funding formulas, the Court found the Commissioner of Education must first prove that the reallocation will not compromise any of the district’s educational programs.

Pending School Finance Cases:

The School Funding Reform Act of 2008 (SFRA), passed by the state legislature in January 2008, ends the Abbott district designation and eliminates many of the reforms ordered by the Supreme Court. SFRA maintains preschool funding in the 31 Abbott districts and incrementally expands funding to other districts, but also replaces needs-based funding, which has supported the Abbott preschool program’s success, with a flat per pupil amount. The statute also fails to incorporate Court-mandated preschool quality standards.

On March 17, 2008, the state filed a motion with the Court for "a determination that the School Funding Reform Act of 2008 is constitutional and therefore the remedial remedies [sic] previously ordered in [Abbott v. Burke] are no longer required[.]" Education Law Center, on behalf of the children in the Abbott districts, opposed the state’s motion and has asked the Court to maintain the Abbott district designation and the Court’s remedial orders, including preschool. Plaintiffs assert that without the Abbott designation, there is no assurance that the state will continue to meet its constitutional obligation to adequately fund the high quality preschool program in the state’s low-income urban districts.

On November 18, 2008, in a unanimous opinion, the New Jersey Supreme Court ordered a remand in the case. Expedited hearings were held before Superior Court Judge Peter E. Doyne (from February 9 to March 3, 2009) to fully vet the constitutionality of the SFRA, including changes to the preschool provisions. Post-trial submissions were filed on March 9, 2009, and Judge Doyne anticipates submitting his findings to the Supreme Court by April 10, 2009.

Statutes, Regulations and Guidance Documents on State Preschool Program

New Jersey Statutes Annotated Title 18A, Chapter 7F, Section 16 (N.J.S.A. 18A:7F-16), Distribution of Early Childhood Program Aid

New Jersey Statutes Annotated Title 18A, Chapter 7F, Section 43 et seq. (N.J.S.A. 18A:7F-43 et seq.), The School Funding Reform Act of 2008 (SFRA), [New Jersey P.L.2007, c.260]

New Jersey Administrative Code Title 6A, Chapter 8, Section 2.3 (N.J.A.C. 6A:8-2.3), Authority for Requirement to Establish Early Childhood Education Programs

New Jersey Administrative Code Title 6A, Chapter 8, Section 3.4 (N.J.A.C. 6A:8-3.4), Requirements for Early Childhood Education Programs

New Jersey Administrative Code Title 6A, Chapter 10A, Section 2 et seq. (N.J.A.C. 6A:10A-2 et seq.), Improving Standards-Driven Instruction and Literacy in Abbott Districts: Preschool Program

New Jersey Administrative Code Title 6A, Chapter 13A, Subchapter 1 et seq. (N.J.A.C. 6A:13A-1 et seq.), Elements of High Quality Preschool Programs

New Jersey Administrative Code Title 6A, Chapter 23, Section 5.4 (N.J.A.C. 6A:23-5.4), Early Childhood Program Aid

New Jersey's Preschool Teaching and Learning Expectations: Standards of Quality (formerly known as the Early Childhood Education Program Expectations: Standards of Quality).

Note: Prior to the School Funding Reform Act of 2008, New Jersey operated two separate preschool programs: (1) the Abbott preschool program, mandated by the New Jersey Supreme Court's Abbott V decision for all children living in the state's thirty-one low-wealth, urban school districts – known as the Abbott districts; and (2) the non-Abbott Early Childhood Program Aid (ECPA) program, which provides funding for preschool programs in districts that do not meet the eligibility criteria of an Abbott district, yet have a high concentration of low-income families. For a discussion of the factors the New Jersey Supreme Court used to select the Abbott districts, see Abbott v. Burke, 119 N.J. 287, 338-45, 575 A.2d 359, 384-86 (1990) (Abbott II).

Because the constitutionality of the SFRA is currently being challenged in court, the following materials on statutes and regulations retains separate discussions of these predecessor preschool programs. The materials are also separated by Abbott and non-Abbott ECPA programs, when applicable.

In addition to the Abbott and ECPA preschool programs, New Jersey had launched a competitive grant program in 2004, the Early Launch to Learning Initiative (ELLI). The goal of ELLI was to expand access to preschool programs for low and middle income students residing in moderate to high wealth school districts. Grants were awarded to districts that serve low-income children within programs that serve a broader population of students with braided funding sources, including Title I, federal special education funding, local revenue and parent tuition payments. Funding for ELLI was reduced from the original allocation of $15 million in 2004 to $4 million in FY 2006 and $3 million per year for FY 2007 and FY 2008.

Provisions Expressing State Policy on Preschool:

Abbott Preschool Program

N.J.A.C. 6A:10A-2.1

(a) The New Jersey Supreme Court mandated in Abbott V that all children resident in New Jersey's Abbott school districts be given the opportunity of a high-quality preschool education beginning at age three, as an essential element in achieving the goal of early literacy. The preschool program shall be well articulated with the kindergarten through grade three curriculum. The purpose is to prepare these children to enter kindergarten with skills and abilities more comparable to those of their wealthier suburban peers and thus to prepare them for educational success. The Court's mandate has a strong scientific basis. Intensive, high-quality preschool programs can close much of the early achievement gap for lower-income children. This substantially increases their school success and produces a host of life-long benefits including increased school achievement and social and economic success as adults. …

... (b) These rules will assist the Department in reaching its goal to ensure that all preschool children in Abbott school districts enter kindergarten ready to succeed. The purpose of these rules is to ensure that high-quality preschool programs are established.

SFRA Preschool Programs

N.J.S.A. 18A:7F-44(k). Findings, declarations relative to school funding reforms
In light of the demonstrable, beneficial results and success of the current Abbott preschool program, it is appropriate to build upon this success by incorporating in the formula an expanded high-quality preschool program for all children who qualify for free and reduced price meals in all districts. It is appropriate for the formula to acknowledge that at-risk children do not always receive the same educational exposure at an early age as their peers and to provide the additional resources necessary through high-quality preschool to prepare every child to learn and succeed.

Eligibility Criteria for State Preschool Program:

SFRA Preschool Programs

N.J.S.A. 18A:7F-54(a). Access to full-day preschool…

District factor group A and B school districts, and district factor group CD school districts with a concentration of at-risk pupils equal to or greater than 40%, shall provide free access to full-day preschool for all three- and four-year old pupils. All other school districts shall provide free access to full-day preschool for at-risk pupils. Preschool education aid shall reflect the cost of the pupil’s placement in either a district program, a licensed child care provider program, or a Head Start Program.

N.J.S.A. 18A:7F-45. Definitions relative to school funding reform.

As used in this act and P.L.1996, c.138, unless the context clearly requires a different meaning:

“ At-risk pupils” means those resident pupils from households with a household income at or below the most recent federal poverty guidelines available on October 15 of the prebudget year multiplied by 1.85[.]

N.J.A.C. 6A:13A-2.1 Eligibility

(a) In school districts required to provide universal preschool, the district board of education shall provide free access to full-day preschool for all three- and four-year-old children. In school districts required to provide targeted preschool, the district board of education shall provide free access to full-day preschool for at-risk three- and four-year-old children.

1. The district board of education shall determine age-eligibility for enrollment in both universal and targeted preschool programs for three- and four-year olds pursuant to this chapter using the same date as that for determining age eligibility for kindergarten programs.

Abbott Preschool Program

N.J.A.C. 6A:10A-2.1

(a) The New Jersey Supreme Court mandated in Abbott V that all children resident in New Jersey's Abbott school districts be given the opportunity of a high-quality preschool education beginning at age three ... .

N.J.A.C. 6A:10A-2.2

(a) The district board of education shall offer a full-day, full-year preschool program to all eligible children.

(1) The district board of education [in each Abbott district] shall determine age eligibility for enrollment in preschool programs for three- and four-year olds pursuant to this subchapter using the same date it uses in determining age eligibility for kindergarten programs.

(2) The district board of education shall offer preschool programs and services only to age-eligible residents of the school district.

…(d). . . the Abbott Preschool Program Contract shall include, but not be limited to, the following expectations, supports and accountability measures for the district board of education and the child care center provider:

… (2) The district board of education shall establish with the ECAC procedures for recruitment, enrollment and placement of all age-eligible resident three- and four-year-old children in the preschool program;…

ECPA Preschool Program

N.J.A.C. 6A:8-2.3

(a) … district boards of education, except Abbott districts …, with high concentrations of low-income students shall establish and maintain preschool … for all four- … year olds.

1.  District boards of education with a concentration of low-income students equal to or greater than 20 percent and less than 40 percent of the total enrollment shall provide … preschool classes for all four-year-olds …  

2.  District boards of education with a concentration of low-income pupils equal to or greater than 40 percent may expand early childhood education programs and services to three-year-olds, at such time that full-day kindergarten is offered to all five-year-olds and preschool classes are offered to all four-year-olds.

Program Length/Duration:

SFRA Preschool Programs

N.J.S.A. 18A:7F-45

“ Full-day preschool” means a preschool day consisting of a six-hour comprehensive
educational program in accordance with the district’s kindergarten through grade 12 school calendar[.]

N.J.A.C. 6A:13A-1.2 Definitions

. . . .

"Full-day preschool" means a preschool program consisting of a six-hour comprehensive educational program and day in accordance with the school district’s grade 1 through 12 daily school calendar and not exceeding the 10-month academic period.

. . . .

N.J.A.C. 6A:13A-2.1 Eligibility

(a) In school districts required to provide universal preschool, the district board of education shall provide free access to full-day preschool for all three- and four-year-old children. In school districts required to provide targeted preschool, the district board of education shall provide free access to full-day preschool for at-risk three- and four-year-old children.

Abbott Preschool Program

N.J.A.C. 6A:10A-2.2

(a) The district board of education shall offer a full-day, full-year preschool program to all eligible children. 

N.J.A.C. 6A:10A-1.2

"Full-day, full-year" means a preschool day consisting of a six-hour comprehensive educational program meeting Department requirements at N.J.A.C. 6A:10A-2.2 for at least 180 school days and not exceeding a 10-month academic period.

N.J.A.C. 6A:10A-2.3

…(l) Upon offering full-day, full-year preschool programs, the district board of education may request a waiver of this requirement under N.J.A.C. 6A:5, Regulatory Equivalency and Waiver, as applicable, to allow families to enroll their children in a half-day program and/or a school-year program, provided that the program meets all other requirements of this subchapter.

 (m) The waiver application shall include copies of signed declinations by parents or guardians that demonstrate that the district board of education offers a full-day, full-year preschool program and discloses that the families have elected a half-day program and/or a school-year program.

P.L.2008, c.35 (FY 2008-2009 Appropriations Act)

. . . Notwithstanding the provisions of any law or regulation to the contrary, no funds hereinabove appropriated for before-school, after-school and summer “wrap around” child care shall be expended except in accordance with the following condition: effective September 1, 2008, families with incomes above 250% of the federal poverty level who reside in districts who received pre-school expansion aid in fiscal 2007 shall not be eligible for free “wrap around” child care.

ECPA Preschool Program

No statutory or regulatory provision on hours of operation.

Scope of State’s Responsibility to Provide Preschool:

Statewide School Reform Act Preschool

N.J.S.A. 18A:7F-54(a). Access to full-day preschool…

District factor group A and B school districts, and district factor group CD school districts with a concentration of at-risk pupils equal to or greater than 40%, shall provide free access to full-day preschool for all three- and four-year old pupils. All other school districts shall provide free access to full-day preschool for at-risk pupils. Preschool education aid shall reflect the cost of the pupil’s placement in either a district program, a licensed child care provider program, or a Head Start Program.

N.J.A.C. 6A:13A-2.3 Universe

(a) District boards of education that received preschool expansion aid or education opportunity aid in the 2007-2008 school year shall document, in the Department approved five-year preschool program plan and annual updates, the school district’s strategies to serve at least 90 percent of the universe of eligible preschool children.

(b) All other district boards of education shall document in the Department approved five-year preschool program plan and annual updates the school district’s strategies to serve at least 90 percent of the universe of eligible preschool children by the 2013-2014 school year. The plan shall include annual preschool enrollment targets that coincide with the school district’s projected initiation and/or expansion of preschool.

(c) Each district board of education may be required to submit a corrective action plan to the Department if annual projected increases in enrollment targets are not met.

(d) The universe of eligible preschool children to be served by a school district in the next school year is determined by the following method:

1. For school districts providing universal preschool, the number of first graders reported on the Application for State School Aid (ASSA) is multiplied by two.

2. For school districts providing targeted preschool, the number of first graders reported on the Application for State School Aid (ASSA) is multiplied by two with the result multiplied by the percentage of free and reduced lunch pupils in kindergarten through grade 12.

. . . .

(f) The district board of education shall establish procedures for recruitment, enrollment and placement of all eligible resident preschool children in the preschool program. . . .

Abbott Preschool Program

N.J.A.C. 6A:10A-2.1

(a) The New Jersey Supreme Court mandated in Abbott V that all children resident in New Jersey's Abbott school districts be given the opportunity of a high-quality preschool education beginning at age three ….

N.J.A.C. 6A:10A-2.2

(a) The district board of education [in each Abbott district] shall offer a full-day, full-year preschool program to all eligible children.

… (26)(iii). Using the data identified in (a)(26)(i) and ii above, [to calculate the number of preschool children to be served in the next school year], the district board of education shall determine the projected number of three-year-old and four-year-old children to be served in the next school year in order to reach full enrollment of the universe of eligible children. A district board of education enrolling less than 90 percent of the universe of eligible children shall develop a corrective action plan within the two-year preschool program plan setting forth specific plans to address under-enrollment, including plans to remedy lack of facilities meeting the preschool facility planning standards on a temporary and permanent basis and plans for outreach and recruitment of hard-to-reach families.

…(v). The Department will utilize historical enrollment trends and the school district's past ability to reach at least 90 percent of the universe of eligible children to establish projected enrollment and to determine the need for additional classrooms and related fixed costs.

…(d)(2) The district board of education shall establish with ECAC [Early Childhood Advisory Council] procedures for recruitment, enrollment and placement of all age-eligible resident three- and four-year-old children in the preschool program.

N.J.A.C. 6A:10A-2.4

(a) The Division of Early Childhood Education shall provide services that include, but are not limited to, the following:

1. On-site technical assistance in the development of the two-year preschool program plan, including the development of program goals and objectives for a high quality preschool program and other technical assistance as requested by the district board of education;

…3. Professional development opportunities to the district board of education early childhood directors and/or supervisors to provide information and technical assistance to the district board of education from the Department;

4. Professional development opportunities for master teachers;

5. Assistance with the self-study and validation process and the development of a program improvement plan; …

ECPA Preschool Program

N.J.A.C.  6A:8-2.3

(a) Pursuant to N.J.S.A. 18A:7F-16, district boards of education, except Abbott districts pursuant to N.J.A.C. 6A:24-3.1 through 3.4, with high concentrations of low-income students shall establish and maintain preschool and full-day kindergarten for all four- and five-year-olds.

1.  District boards of education with a concentration of low-income students equal to or greater than 20 percent and less than 40 percent of the total enrollment shall provide full-day kindergarten for all five-year-olds and preschool classes for all four-year-olds and other early childhood education programs and services.

2.  District boards of education with a concentration of low-income pupils equal to or greater than 40 percent, may expand early childhood education programs and services to three-year-olds, at such time that full-day kindergarten is offered to all five-year-olds and preschool classes are offered to all four-year-olds.

N.J.A.C.  6A:23-5.4

…(c) A district board of education . . . which has fully implemented preschool and full-day kindergarten shall continue the full operation of such programs for as long as it receives ECPA [Early Childhood Program Aid].

Scope of State's Responsibility to Fund Preschool:

Abbott Preschool Program

N.J.A.C.  6A:10A-2.4

(a)  The Division of Early Childhood Education shall provide services that include, but are not limited to, the following:

. . . 8. Ensuring necessary funds to implement a high quality preschool program [for all eligible children in New Jersey’s Abbott school districts].

Note: Abbott school districts receive early childhood program aid (ECPA) in accordance with State statute (set forth below under ECPA Preschool Program), plus a separate annual allocation known as Preschool Expansion Aid. Preschool Expansion Aid is intended to make up the difference between ECPA aid and the cost of serving all eligible children in the high quality program ordered by the NJ Supreme Court. Funding for ECPA and Preschool Expansion Aid is derived from general revenue. See 2008-2009 Appropriations Act.

P.L.2008, c.35 (FY 2008-2009 Appropriations Act)

. . . “Notwithstanding the provisions of any law or regulation to the contrary, no funds hereinabove appropriated for before-school, after-school and summer "wrap around” child care shall be expended except in accordance with the following condition: effective September 1, 2008, families with incomes above 250% of the federal poverty level who reside in districts who received pre-school expansion aid in fiscal 2007 shall not be eligible for free “wrap around” child care.”

N.J.S.A. 18A:7F-54. Access to full-day preschool; calculation of preschool education aid

a. District factor group A and B school districts, and district factor group CD school districts with a concentration of at-risk pupils equal to or greater than 40%, shall provide free access to full-day preschool for all three- and four-year old pupils. All other school districts shall provide free access to full-day preschool for at-risk pupils. Preschool education aid shall reflect the cost of the pupil's placement in either a district program, a licensed child care provider program, or a Head Start Program.

(1) Preschool education aid shall be calculated for district factor group A and B school districts, and for district factor group CD school districts with a concentration of at-risk pupils equal to or greater than 40%, as follows:

Aid = (IDE x IDA) + (PRE x PRA) + (HSE x HSA)

where

IDE is the number of district pupils, other than preschool disabled pupils, in an in-district preschool program;

IDA is the per pupil aid amount for an in-district preschool program;

PRE is the number of district pupils, other than preschool disabled pupils, in a preschool program operated by a licensed child care provider;

PRA is the per pupil aid amount for a preschool program operated by a licensed child care provider;

HSE is the number of district pupils, other than preschool disabled pupils, in a Head Start Program; and

HSA is the per pupil aid amount for a Head Start Program.

A CD school district with a concentration of at-risk pupils equal to or greater than 40% shall be eligible to receive preschool education aid pursuant to the provisions of this paragraph for a minimum of three school years from the time of initial determination of eligibility even if the district's concentration of at-risk pupils falls below a 40% concentration of at-risk pupils. In the event that the district falls below a 40% concentration of at-risk pupils for two consecutive school years, in the third school year the district shall receive preschool education aid for each at-risk pupil and for any four-year old pupil for whom the district received preschool education aid in the prior school year, and that pupil shall receive free preschool education.

… f. In the event that a district has fully implemented a full-day preschool program for three- and four-year old pupils in accordance with its five-year plan and meets the preschool quality standards or has provided preschool education to the number of eligible students to be served during a school year in accordance with that plan and its annual updates and the preschool quality standards, the district may appropriate preschool education aid to support kindergarten through grade 12 or to provide preschool education for three- and four-year old pupils for whom the district is not required to provide preschool education upon the approval of the commissioner. The district shall request approval in its annual plan update and any approval granted by the commissioner shall be made during the annual school budget process.

Abbott and ECPA Preschool Programs

This was the formula for calculating ECPA preschool aid prior to enactment of SFRA:

N.J.S.A. 18A:7F-16 [repealed by SFRA]

a.   Early childhood program aid shall be distributed to all school districts with high concentrations of low-income pupils, for the purpose of providing full-day kindergarten and preschool classes and other early childhood programs and services.

For districts in which the concentration of low income pupils is equal to or greater than 20% and less than 40%, aid shall be distributed according to the following formula:

Aid + A1 x Modified District Enrollment.

For districts in which the concentration of low income pupils is equal to or greater than 40%, aid shall be distributed according to the following formula for the purpose of expanding instructional services previously specified to three year olds, or of providing, in addition to the instructional services previously specified, transition and social services to primary grade students:

Aid = A2 x Modified District Enrollment where

A1 = $465; and

A2 = $750

For the 1998-1999 school year, the per pupil funding amounts shall be these amounts multiplied by the CPA. For subsequent years, the amounts shall be established biennially in the Report on the Cost of Providing a Thorough and Efficient Education and shall be derived from cost analyses of appropriate programmatic applications of these funds as identified in the report. The amounts shall be adjusted for inflation by the CPA in the second year of the period in which the report applies.

Each district which receives early childhood program aid shall submit to the commissioner for approval an operational plan that shall be a subset of the district's comprehensive strategic plan, to establish preschool and full-day kindergarten for all four and five year olds by the 2001-2002 school year and to maintain them thereafter. Districts shall appropriate the aid in a special revenue fund for expenditure, but may place all or a portion of the aid in a capital reserve account during the first four years to establish facilities for these purposes....

b.   A district which qualifies for early childhood program aid pursuant to subsection a. of this section shall be eligible to receive the aid for a minimum of two school years from the time of initial determination of eligibility even if the district's concentration of low-income pupils falls below the 20% or 40% concentration required for receipt of the early childhood program per pupil aid amounts under subsection a. If a district's concentration of low-income pupils falls below the 20% or 40% thresholds, the amount of the early childhood program aid received by the district in the prebudget year, hereinafter referred to as the eligibility year, shall be reduced in the subsequent budget year by the percentage decline between the ratios of the number of low-income pupils to modified district enrollment used in the calculation of aid in the eligibility and budget year. Notwithstanding the provisions of this subsection, if a district is eligible for a greater amount of aid pursuant to subsection a. of this section, it shall receive that amount.

N.J.A.C.  6A:23-5.4

(b) A district board of education shall appropriate Early Childhood Program Aid (ECPA) in a special revenue fund and use the aid for preschool, full-day kindergarten, and other early childhood programs and services, except as allowed pursuant to N.J.A.C. 6A:10A.

1. Other early childhood programs and services include programs and services necessary for the delivery of the core curriculum content standards for grades one through three.

2. A district board of education shall use ECPA for other early childhood programs and services only if the district board of education has achieved full implementation of the required programs for full-day kindergarten and preschool pursuant to N.J.S.A. 18A:7F-16.

Non-Abbott, non-ECPA Preschool Programs

N.J.S.A. 18A:44-4

…b. A district may collect tuition from the parents or guardians of students enrolled in a preschool school or department for whom the district does not receive preschool education aid pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54). The amount of tuition may not exceed the per pupil cost of the preschool program.

Source of Funding for Preschool Program:

No statutory or regulatory provision relating to source of funding. All state-funded programs are funded out of general appropriations. See 2008-2009 Appropriations Act.

Scope of Child's Right to Attend Preschool:

Abbott Preschool Program

N.J.A.C. 6A:10A-2.1

(a) The New Jersey Supreme Court mandated in Abbott V that all children resident in New Jersey's Abbott school districts be given the opportunity of a high-quality preschool education beginning at age three….

N.J.A.C. 6A:10A-2.2

(a) The district board of education [in each Abbott district] shall offer a full-day, full-year preschool program.

...(7) Rules for short-term and long-term suspension at N.J.A.C. 6A:16-7.2 and rules for expulsion at N.J.A.C. 6A:16-7.3 shall not apply to preschool students.

i. Preschool students in a general education program or special education program shall not be suspended, long-term or short-term, and shall not be expelled.

ii. Preschool intervention and referral team and other relevant services shall be provided for teachers with preschool students exhibiting challenging behaviors, social difficulties, or learning difficulties.

Curriculum Content Standards for Preschool Program:

Statewide School Reform Act Preschool

6A:13A-1.2 Definitions

“Comprehensive curriculum” means a preschool curriculum that addresses all domains of learning and is aligned to the "New Jersey Preschool Teaching and Learning Expectations: Standards of Quality,” also defined in this section.

. . . .

“New Jersey Preschool Teaching and Learning Expectations: Standards of Quality” (Expectations) means the early learning standards and corresponding teaching practices as adopted by the New Jersey State Board of Education and located at www.nj.gov/education/ece/code/expectations. . . .

6A:13A-5.1 Curriculum

(a) The district board of education shall ensure implementation of a comprehensive curriculum supported by research, aligned with the Expectations, and linked to the New Jersey Core Curriculum Content Standards (CCCS). The school district’s choice of curricula shall be approved by the Department as part of the five-year preschool program plan and annual updates. The program and curriculum shall include, but need not be limited to the following:

1. Systematic support for language acquisition for all children, including approaches for helping English language learners acquire English while maintaining their home language within their regularly assigned preschool classroom;

2. A clearly described, systematic and intensive instructional approach for all aspects of development and learning using the strategies and techniques delineated in the Expectations; and 3. Implementation of a comprehensive, performance-based assessment system that is aligned with the preschool curriculum. . . .

6A:13A-5.4 Ongoing Performance-Based Assessment of Children

(a) The district board of education shall ensure that all preschool classroom teachers conduct ongoing performance-based assessment of children that:

1. Is aligned with the comprehensive curriculum and approved in the five-year preschool program plan and annual updates;

2. Addresses all learning domains;

3. Uses multiple sources of evidence gathered over time;

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

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

Abbott Preschool Program

N.J.A.C. 6A:10A-2.2

…(a)5. The district board of education shall implement a comprehensive curriculum supported by evidence-based research that meets the Department’s Preschool Teaching and Learning Expectations: Standards of Quality, (Expectations) that are linked to the CCCS [Core Curriculum Content Standards]. The programs and curriculum shall include, but not be limited to, the following:

i. An alignment of the school district's curriculum and classroom practices with the Expectations, with particular attention paid to the needs of English language learners and children with disabilities;

ii. A clearly described, systematic and intensive approach for the acquisition of early language and literacy within the comprehensive curriculum. The approach shall include appropriate strategies and techniques delineated in the Expectations including inviting places to read; writing materials and literacy props; introduction of new words, ideas and linguistic structures; daily individual and group book reading; and promoting children's interest in the sounds they hear in words and the letters that make up words; and

iii. Implementation of the New Jersey Early Learning Assessment System (NJELAS) in all preschool classrooms.

N.J.A.C. 6A:10A-2.2(a)(10)

In the area of preschool, the school district’s plan … to continue to increase the quality of preschool programs in school district and provider settings, and to align the educational practices in the preschool program with the curricular and instructional practices of the school district’s K through three grades should be addressed. The [two-year preschool program] plan shall include but not be limited to the following items:

… iv. Level of implementation of a preschool curriculum and appropriate performance based assessments;

v. Approaches to helping English language learners acquire English while maintaining their home language;

… viii. The articulation of the preschool program with kindergarten, including evidence that preschool and kindergarten teachers exchange program and curricular information with the individual results of the NJELAS included for the kindergarten teacher, and a transition plan for preschool families to prepare for kindergarten …

ECPA Preschool Program

N.J.A.C. 6A:8-3.4

…(e) A district board of education shall ensure that the early childhood education program:

1. Maintains preschool classroom enrollments of no more than 18 children with one certified teacher and one aide, commencing July 1, 2008;

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

3. Is designed to meet the Preschool Teaching and Learning Expectations: Standards of Quality and the Core Curriculum Content Standards;

4. Includes transition activities, programs, and services between preschool programs and kindergarten programs;

5. Coordinates with all other relevant district programs, for example, special education, bilingual education, and Title I; and

6. Includes an annual program evaluation.

(f) A district board of education shall base early childhood education programs and curricula on student needs, strengths and interests that focus on all aspects of development: cognitive, social, emotional and physical. Curriculum and assessment strategies and/or resources shall be developmentally appropriate and include performance-based assessment measures.

(g) A district board of education shall ensure that instructional methods and/or strategies are congruent with the cognitive, social, emotional and physical skills of the young child. Instruction shall balance teacher-directed and child-initiated experiences.

New Jersey's Preschool Teaching and Learning Expectations: Standards of Quality (formerly known as the Early Childhood Education Program Expectations: Standards of Quality).

Teacher Certification/Qualification Standards for Preschool Program:

Statewide School Reform Act Preschool

N.J.A.C. 6A:13A-4.3 Instructional Staff

(a) The district board of education shall ensure that one appropriately certified teacher and one teacher assistant are provided for every preschool class of 15 children. Class size shall not be greater than 15 children.

. . .

2. In-district preschool classroom teachers shall hold a Bachelor’s Degree and, at a minimum, a certificate of eligibility or certificate of eligibility with advanced standing for Preschool through Grade Three or other equivalent preschool certification as set forth in N.J.A.C. 6A:9.

(b) Private provider preschool classroom teachers, in school districts receiving preschool expansion aid or education opportunity aid in 2007-2008, shall hold a Bachelor’s Degree and, at a minimum, a certificate of eligibility or certificate of eligibility with advanced standing for Preschool through Grade Three or other equivalent preschool certification, as set forth in N.J.A.C. 6A:9.

(c) All private provider and Head Start teachers, currently teaching in preschool classrooms, in school districts not receiving preschool expansion aid or educational opportunity aid in 2007-2008 who do not hold the appropriate degree and certification shall:

1. Submit an initial application and annual updates to the school district signed by the teacher’s college advisor verifying that the teacher is complying with the following requirements:

i. Is working toward completing the Preschool through Grade Three certification by September 2012;

ii. Is a student in good standing;

iii. Has a minimum GPA of 2.75 when 4.0 equals an A; and

iv. Has a detailed and feasible plan for attaining Preschool through Grade Three certification within the timeframe described above.

(d) To ensure that teachers hold the appropriate credentials/certification, pursuant to (c) above, the district board of education shall be responsible for:

i. Reviewing each initial application and subsequent revisions for accuracy and completeness by the start of the school year;

ii. Approving or denying each individual application; and

iii. Ensuring that only teachers who have completed the requirements listed in (c) above remain as a classroom teacher beyond the start of the 2012 school year.

(e) All preschool classroom teachers hired in private provider and Head Start agencies subsequent to the initial year of the school district’s . . . preschool program shall hold a Bachelor’s Degree and, at a minimum, a certificate of eligibility or certificate of eligibility with advanced standing for Preschool through Grade Three certification or other equivalent preschool certification, as set forth in N.J.A.C. 6A:9.

(f) The district board of education teacher assistants in districts or schools supported by Title 1 funding, as applicable, shall meet the requirements pursuant to the No Child Left Behind Act of 2001.

(g) The district board of education shall require all other teacher assistants, both new hires and existing staff in all preschool program settings to have a high school diploma or its equivalent.

Abbott Preschool Program

N.J.A.C. 6A:10A-2.1

(a) … The Court set specified the standards for quality preschool education:

 1.  A certified teacher and an assistant for each class;

N.J.A.C. 6A:10A-2.2

(a)…13.  The district board of education shall provide master teachers at a ratio of no more than 20 preschool classrooms for each master teacher. The district board of education shall provide additional master teachers to assist uncertified or inexperienced teachers, and to provide professional development on serving specialized populations.

14.  The master teacher shall have the following qualifications and experience:

i. A bachelor's degree and teacher certification;

ii. Three to five years experience teaching in preschool programs;

iii. Experience providing professional development to classroom teachers;

iv. Experience in implementing developmentally appropriate preschool curricula;

v. Experience with performance based preschool assessments; and

vi Any master teacher appointed on or after September 1, 2007, shall hold certification as follows:

(1) Preschool through grade three standard instructional certificate; or

(2) Standard elementary school instructional certificate and the equivalent of two academic years of full-time experience teaching three and four-year olds under the certificate in a position that would require the preschool through grade three endorsement;

(3) Standard New Jersey nursery school instructional certificate; or

(4) Preschool through grade three endorsement in addition to other standard instructional certificate, except as indicated at N.J.A.C. 6A:9-11.2 and 11.7.

15.  In addition to the requirements in (a)14 above, depending on the population served by the district board of education and identified by the needs assessment, the master teachers shall demonstrate one or more of the following:

i. Specialization in bilingual education or second language acquisition;

ii. Specialization in special education/inclusion;

iii. Specialization in early literacy;

iv. Coursework in supervision and leadership;

v. Preschool Professional Development Fellow status; or

vi. Prior to September 1, 2007, a preschool through grade three standard instructional certificate or an N-8 standard instructional certificate.

(b)…The district board of education shall enter into an Abbott Preschool Program contract with a child care center provider or local Head Start program to provide services to preschool children only when that provider is able and willing to meet the quality standards of Abbott preschool programs including the following:

…2.  Provide one certified teacher and one aide for every 15 children….;

…4. Require teachers who work for a Head Start agency that began contracting with an Abbott school district for that classroom after September 2000 who do not hold a Preschool through Grade 3 Certificate at the time of contracting to complete the degree within four years of the first date of contract for the classroom in which the teacher has continuously taught and to submit an application for annual extension to the Abbott school district by May 15 of each year….

…7. Require all teacher aides, both new hires and existing staff, to have a high school diploma or its equivalent;

8. Encourage all teacher aides, both new hires and existing staff to:

i. Obtain the Child Development Associate/Certified Childcare Professional (CDA/CCP) credential if they do not have CDA/CCP credentials; or

ii. Pursue an associate's degree in early childhood education, if they already have Child Development Associate/Certified Childcare Professional (CDA/CCP) credentials;

…(d)… [T]he Abbott Preschool Program Contract shall include, but not be limited to, the following expectations, supports and accountability measures for the district board of education and child care center provider:

1.The district board of education in consultation with the ECAC and based on individual teacher professional development plans, shall determine the minimum number and types of professional development opportunities it will offer to all teachers serving preschool children; …

N.J.A.C. 6A:10A-2.3

(a) The district board of education shall ensure that the proposed budget of each child care center provider and Head Start program supports the needs of the children and the actual program costs for the six-hour comprehensive educational program meeting Department requirements at N.J.A.C.6A:10A-2.2 for at least 180 student school days and not exceeding a 10-month academic period.

1. The proposed budget shall compensate certified teachers comparable to that which would be received if the teacher were employed by the district board of education;

2. The child care provider shall ensure that the certified teacher receiving the comparable compensation meets comparable work schedule requirements for both student contact time and teacher contract time, including the equivalent number of hours per day and the equivalent number of days per contract year established by the school district board of education for its certified teachers. This work schedule shall also include the same amount of preparation time and the amount of lunch time as received by the school district board of education certified teachers;…

ECPA Preschool Program

District-run programs are governed by state Professional Licensure and Standards, N.J.A.C. 6A:9-1.1, et seq., which require a valid teaching certificate for all teaching staff positions.

N.J.A.C. 6A:8-3.4

(e) A district board of education shall ensure that the early childhood education program:

1. Maintains preschool classroom enrollments of no more than 18 children with one certified teacher and one aide, commencing July 1, 2008…

(h) A district board of education shall provide professional development and training specific to early childhood education for all early childhood education administrators, teachers, and teacher assistants.

(i) A district board of education may contract with Department of Human Services (DHS)-licensed child care programs where practical so as not to duplicate the provision of early childhood education programs available in the community, provided that the DHS-licensed child care program(s) with which the district board of education contracts complies with the district’s program requirements, including the employment of appropriately licensed teaching staff. …

Other Quality Standards for Preschool Program:

Statewide School Reform Act Preschool

N.J.S.A. 18A:7F-54(g)

A school district shall maintain the preschool quality standards as adopted by the commissioner as a condition of receipt of preschool education aid.

N.J.A.C. 6A:13A-4.1 Administrative oversight

(a) Each district board of education shall designate an in-district administrative position to oversee the preschool program. For school districts with greater than 750 enrolled preschool children, a dedicated in-district early childhood supervisor is required. For school districts with fewer than 750 enrolled preschool children, this position may be combined with another in-district school administrator position with the same certification and qualifications required of an early childhood supervisor.

. . .

N.J.A.C. 6A:13A-4.2 Coaching/Master Teachers

(a) The district board of education shall provide master teachers at a ratio of no more than 20 preschool classrooms for each master teacher to ensure coaching and classroom support for classroom teachers. The district board of education shall provide additional master teachers to assist uncertified or inexperienced teachers, and to provide professional development that supports English language learners and children in inclusive classroom settings. . . .

(b) The master teacher shall have the following qualifications and experience:

1. A bachelor’s degree and teacher certification;

2. Three to five years experience teaching in preschool programs;

3. Experience in implementing developmentally appropriate preschool curricula;

4. Experience with a range of appropriate early childhood assessments including performance-based assessment instruments and classroom quality assessment instruments; and

5. Experience providing professional development to classroom teachers.

. . . .

N.J.A.C. 6A:13A-4.3 Instructional Staff

(a) The district board of education shall ensure that one appropriately certified teacher and one teacher assistant are provided for every preschool class of 15 children. Class size shall not be greater than 15 children.

. . . .

2. In-district preschool classroom teachers shall hold a Bachelor’s Degree and, at a minimum, a certificate of eligibility or certificate of eligibility with advanced standing for Preschool through Grade Three or other equivalent preschool certification . . .

(b) Private provider preschool classroom teachers. . . shall hold a Bachelor’s Degree and, at a minimum, a certificate of eligibility or certificate of eligibility with advanced standing for Preschool through Grade Three or other equivalent preschool certification   . . .

(c) All private provider and Head Start teachers . . . in school districts not receiving preschool expansion aid or educational opportunity aid in 2007-2008 who do not hold the appropriate degree and certification shall: [Go through a process to get one in a timely manner].

(e) All preschool classroom teachers hired in private provider and Head Start agencies subsequent to the initial year of the school district’s implementation of a preschool program shall hold a Bachelor’s Degree and, at a minimum, a certificate of eligibility or certificate of eligibility with advanced standing for Preschool through Grade Three certification or other equivalent preschool certification . . .

(g) The district board of education shall require all other teacher assistants, both new hires and existing staff in all preschool program settings to have a high school diploma or its equivalent.

N.J.A.C. 6A:13A-4.4 Intervention and Support Services

(a) The district board of education shall establish one preschool intervention and referral team (PIRT) for every 750 enrolled preschool students. . .

(b) The PIRT shall be supervised by the early childhood school district administrator and shall work within a consultation model with relevant school district, private provider and local Head Start agency staff and administrators to deliver preschool age-appropriate services designed to decrease referrals to special education and to maximize general education classroom teachers’ ability to support all students.

(c) The PIRT shall include a combination of psychologists, learning disabilities teacher consultants, school social workers and speech and language specialists.

(d) The PIRT shall, at a minimum:

1. Consult with master teachers and preschool classroom teachers to adapt and modify teaching practices to help preschool children meet the Expectations;

2. Conduct regular visits to classrooms to observe, model, provide feedback . . .

3. Provide professional development for instructional staff and administrators to facilitate preschool inclusion;

. . .

Abbott Preschool Program

N.J.A.C. 6A:10A-2.1

(a)...The Court specified the standards for quality preschool education:

  1.      A certified teacher and an assistant for each class;

  2.      Maximum class size of 15 students;

  3.      Developmentally appropriate curriculum;

  4.      Adequate facilities; and

  5.      Transportation, health and other related services as needed.

N.J.A.C. 6A:10A-2.2

(b) … The district board of education shall enter into an Abbott Preschool Program Contract with a child care center provider or local Head Start program to provide services to preschool children only when that provider is able and willing to meet the quality standards of Abbott preschool programs…

N.J.A.C. 6A:10A-2.3

…(d)(5)(i) The school district shall have the right to terminate the child care center provider's Abbott Preschool Program Contract in whole immediately upon revocation of the child care center provider's Department of Human Services licensure, the material breach of the provider's responsibilities, including the failure to conduct and document criminal background and child abuse history checks, discovery that Abbott-eligible children are served in non-Abbott classrooms, failure to comply with all applicable requirements established pursuant to the New Jersey Administrative Code, or any other reasonable cause within the discretion of the school district and written approval from the Department.

…(k) In its two-year preschool program plan, the district board of education shall describe its plan for articulation of the preschool program with kindergarten. This plan shall, at a minimum, include the following:

1. The process for identifying and communicating the information needed by the kindergarten teachers about the preschool program, and vice-versa;

2. Methods for communicating information about individual children to their new kindergarten teacher, in particular the results of the NJELAS;

3. The plan developed by the district board of education to ensure a seamless transition from preschool to kindergarten for the preschool children; and

4. The process for providing information to parents about the kindergarten program and the transition plan from preschool to kindergarten.

N.J.A.C. 6A:10A-2.2(a)(10)

In the area of preschool, the school district’s plan … to continue to increase the quality of preschool programs in school district and provider settings, and to align the educational practices in the preschool program with the curricular and instructional practices of the school district’s K through three grades should be addressed.

The [two-year preschool program] plan shall include but not be limited to the following items:

   ... vi. Inclusion of preschool children with special needs in general education settings to the maximum extent possible;

   ... vii. The effectiveness of current family involvement activities and programs ...

ECPA Preschool Program

N.J.A.C. 6A:8-3.4

…(c) A district board of education shall include in the program section of the [fiscal and operational plan for Early Childhood Program Aid] the following components:

1. District-wide planning;

2. Community collaboration and planning;

3. Parent involvement;

4. Curriculum development and implementation; and

5. Inclusion of children with disabilities in general education classrooms to the maximum extent possible; and

6. Professional development and training.

… (h) A district board of education shall provide professional development and training specific to early childhood education for all early childhood education administrators, teachers, and teacher assistants.

… (j) A district board of education shall include parent education activities in the early childhood program with specific strategies identified that assist parents in remaining actively involved in their child's education throughout their school years.

Delivery of Preschool Services:

Statewide School Reform Act Preschool

N.J.A.C 6A:13A-2.1 Eligibility

(a) In school districts required to provide universal preschool, the district board of education shall provide free access to full-day preschool for all three- and four-year-old children. In school districts required to provide targeted preschool, the district board of education shall provide free access to full-day preschool for at-risk three- and four-year-old children.

N.J.A.C. 6A:13A-3.1 Preschool Program Plan and Annual Updates

(a) For district boards of education that did not receive any form of preschool aid in the 2007-2008 school year, the 2008-2009 school year shall be a planning year. Early Childhood Program Aid (ECPA) school districts submitting One-Year Preschool Operational Plans by May 30, 2008 and receiving approval from the Commissioner to expand their preschool programs in the school year 2008-2009, shall receive preschool education aid calculated in accordance with the provisions of P.L.2007, c.260 Section 12(a) and shall adhere to the regulations found in this chapter for the 2008-2009 school year and beyond.

(b) All other Early Childhood Program Aid (ECPA) school districts shall adhere to the regulations found at N.J.A.C. 6A:8 for the 2008-2009 planning year and to the regulations found in this chapter for the 2009-2010 school year and beyond.

(c) The universal and targeted high-quality 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.

(d) The district board of education shall submit its five-year preschool program plan and required annual updates by January 16 of each year and the Department shall issue a determination approving or disapproving the plan no later than April 1 of each year. The five-year preschool program plan and annual updates shall include:

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

2. A rationale for the type of delivery system chosen and, upon request by the Department, a justification for not contracting with every willing and able private provider and local Head Start agency.

3. The programmatic needs of its students, programs, private providers and local Head Start agencies;

4. The information collected annually from the self assessment and validation beginning with the initial year of preschool program implementation; and

5. For school districts providing universal preschool and not currently providing full-day kindergarten to all age-eligible students, a plan and annual updates for providing full-day kindergarten to every age-eligible student by 2013-2014.

(e) The Department approved five-year preschool program plan and annual updates shall be directly connected with, and be the primary basis for, the school district preschool budget for each school year. …

N.J.A.C. 6A:13A-9.1 Contract

. . . .

(b) The district board of education shall only utilize a private provider or local Head Start agency that maintains appropriate licensure pursuant to the Manual of Requirements for Childcare Centers N.J.A.C. 10:122 to provide services to preschool children to meet the elements of a high-quality preschool program and adheres to requirements for programmatic and fiscal accountability established in this chapter.

(c) The district board of education shall annually execute the preschool program contract provided by the Department with all contracting private providers and local Head Start agencies.

(d) Each private provider or local Head Start agency entering into a contractual arrangement with a district board of education shall be willing and able to meet the following criteria to be eligible for a contract:

1. Meet the elements identified in this chapter for the implementation of a high-quality preschool program;

2. Submit to the district board of education copies of insurance certificates, an efficient annual budget, appropriate credentials for teaching staff, attendance and pupil records and any additional documentation, including all financial records, as requested by the district board of education and/or Department;

3. Manage funds allocated within annual Department-approved budgets in a manner that is effective, efficient and in accordance with generally accepted accounting principles.

4. Present evidence to the district board of education of compliance with Department of Children and Families background check procedures for child abuse record information pursuant to the Manual of Requirements for Childcare Centers N.J.A.C. 10:122-4.9 and compliance with Department of Children and Families criminal history background check procedures pursuant to P.L.2000, c.77;

. . . .

7. Agree that the educational program offered will comply with all Federal, State and local laws and regulations regarding the secular nature of programs receiving public funding;

8. Agree to participate in any professional development opportunities offered by the district board of education for all preschool teaching staff; and

9. Provide, upon receiving reasonable notice, the district board of education and the Department of Education with access to its site and program records for the purposes of monitoring and ensuring that it is complying with all aspects of the preschool program contract.

(e) Each private provider or local Head Start agency that has not previously held a preschool program contract with a district board of education shall be able to meet the following criteria to be eligible for a contract:

1. Have previously provided preschool programs for at least one year prior to entering into a contractual relationship with the district board of education;

2. Have a documented record of appropriate financial management including timely independent audits revealing no material findings and accounting systems that can accommodate financial reporting requirements; and

3. Be able to accommodate at least 90 eligible children in a manner consistent with this chapter.

(f) Each private provider and/or local Head Start agency shall meet the minimum acceptable score on the classroom quality assessment instrument, set forth at N.J.A.C. 6A:13A-5.5 to determine the eligibility of the private provider and the local Head Start agency to continue to contract with the school district.

Abbott Preschool Program

N.J.A.C. 6A:10A-2.2

(a) The district board of education shall offer a full-day, full-year preschool program to all eligible children.

(b) The district board of education shall contract with a child care center provider or local Head Start program to implement required preschool programs and shall not duplicate programs or services otherwise available in the community. The district board of education shall enter into an Abbott Preschool Program Contract with a child care center provider or local Head Start program to provide services to preschool children only when that provider is able and willing to meet the quality standards of Abbott preschool programs….

…(d). …[T]he Abbott Preschool Program Contract shall include, but not be limited to, the following expectations, supports and accountability measures for the district board of education and the child care center provider:

...3. The district board of education shall establish with the ECAC the procedure by which preschool attendance is submitted to the district board of education by the child care center provider and verified by the district board of education;

4. The district board of education shall verify the credentials and progress toward certification, where applicable, of all preschool teaching staff in a child care center provider and shall verify that all required background and criminal checks on all employees have been conducted; and

5. The district board of education shall provide financial management assistance to the provider to develop and monitor the child care center provider's annual budget, to verify the accuracy of costs and to ensure that the expenditures are made in strict accordance with the approved budget.

(e) A child care center provider that has not previously, as of  September 9, 2003, had an Abbott Preschool Program Contract with the district board of education to serve Abbott preschool children shall meet the following criteria to be eligible for a contract:

1. The child care center provider shall have provided preschool educational services for at least one year prior to entering into a contractual relationship with the district board of education;

2. The child care center provider shall have a documented record of appropriate financial management, including timely independent audits revealing no material findings and accounting systems that can accommodate financial reporting requirements;

3. The child care center provider shall be able to accommodate at least 90 Abbott eligible children in a manner consistent with this chapter and the quality standards set forth by the New Jersey Supreme Court;

4. The child care center provider shall provide to the district board of education copies of insurance certificates; an efficient annual budget; credentials for teaching staff; attendance records; and any additional documentation, including all financial records, as requested by the district board of education and/or Department;

5. The child care center provider shall present evidence to the district board of education of compliance with Department of Children and Families background check procedures for child abuse record information pursuant to the Manual of Requirements for Childcare Centers, N. J.A.C. 10:122-4.9 and compliance with Department of Children and Families criminal history background check procedures pursuant to P.L.2000, c.77. ...;

6.The child care center provider shall agree to participate in any professional development opportunities offered by the district board of education for all preschool teaching staff;

7. The child care center provider shall agree to submit certified expense reports;

8. The child care center provider shall agree to expend funds only as specified in the approved budget;

9. The child care center provider shall agree to certify that the proposed budget submitted to the district board of education and the executed Abbott Preschool Program Contract is true and accurate; and

10. The child care center provider shall agree to meet the quality standards set forth by the New Jersey Supreme Court and the regulations and procedures implementing same as required by the Department.

(f) The district board of education shall include in each child care center provider's Abbott Preschool Program Contract criteria submitted to, and approved by, the Department for termination of the executed contract prior to the expiration of the executed contract term, which shall include, but not be limited to:

1. Material breach of the child care center provider's responsibilities;

2. Revocation of its Department of Children and Families licensure;

3. Failure to produce criminal and child abuse background checks on all employees;

4. Failure to follow the terms of an agreed-upon corrective action plan with the school district based on the findings of a limited examination or audit report;

5. Failure to comply with all terms of the executed Abbott Preschool Program Contract; and

6. Failure to comply with all applicable requirements established in this chapter.

(g) The district board of education shall conduct on-site monitoring at least twice in the contract year to assess compliance, and shall ensure that child care center providers and local Head Start programs comply with the Abbott Preschool Program Contract requirements, including the requirements of (b) through (f) above.

N.J.A.C. 6A:10A-2.2(a)(10)

In the area of preschool, [the two-year preschool program plan shall include] the school district’s [two-year plan]…to fully include Head Start programs….

ECPA Preschool Program

N.J.A.C. 6A:8-3.4

…(i) A district board of education may contract with Department of Human Services (DHS)-licensed child care programs where practical so as not to duplicate the provision of early childhood education programs available in the community, provided that the DHS-licensed child care program(s) with which the district board of education contracts complies with the district's program requirements, including the employment of appropriately licensed teaching staff.

 …(k) A district board of education shall demonstrate that community health and social service agencies have been included in the planning, operations and, if appropriate, the fiscal support of the early childhood program.

Requirements for Student Assessment and Program Evaluation:

Statewide School Reform Act Preschool

N.J.A.C. 6A:13A-5.2 Assessment

(a) The district board of education shall ensure that ongoing assessment in the preschool 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.

N.J.A.C. 6A:13A-5.3 Screening

(a) The district board of education shall conduct a developmentally-based early childhood screening assessment 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.

N.J.A.C. 6A:13A-5.4 Ongoing Performance-Based Assessment of Children

(a) The district board of education shall ensure that all preschool classroom teachers conduct ongoing performance-based assessment of children that:

1. Is aligned with the comprehensive curriculum and approved in the five-year preschool program plan and annual updates;

2. Addresses all learning domains;

3. Uses multiple sources of evidence gathered over time;

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

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

N.J.A.C 6A:13A-5.5 Classroom Quality Assessment

(a) The school district shall, at least annually, use a reliable classroom observation instrument approved by the Department as part of the five-year preschool program plan and annual updates to assess program quality in each in-district, private provider, and/or Head Start agency preschool classroom, aggregate the data, and develop professional development plans for all teaching staff.

1. The school district shall score program quality on a graduated scale in all preschool classrooms.

2. An action plan shall be developed and implemented by the school district and private provider or local Head Start agency if any classroom falls below the minimum acceptable score. Development of the action plan shall involve participation of the school district and the private provider or local Head Start agency in joint discussions to determine the classroom quality improvements that are necessary based upon the results of the observation instrument and establishment of a timeframe for making the required changes.

3. The master teacher shall provide technical assistance to the classroom teacher based upon the action plan.

4. If the district board of education deems that improvements have not been made according to the established plan and schedule, the district board of education or private provider or local Head Start agency may request that the classroom or program be evaluated by a reliable independent observer approved by the Department. If the reliable independent observer verifies that the action plan is not being satisfied in a private provider or local Head Start agency classroom, steps shall be taken to remove the private provider or local Head Start agency teacher from the classroom or not renew or terminate the preschool program contract between the private provider or local Head Start agency and the district board of education pursuant to the provisions for non-renewal and termination set forth in subchapter 9.

Abbott Preschool Program

N.J.A.C. 6A:10A-2.2

(a)5. ... The programs and curriculum shall include, but not be limited to, the following:

… iii. Implementation of the New Jersey Early Learning Assessment System (NJELAS) in all preschool classrooms by September, 2005.

[Note: NJELAS is defined in N.J.A.C. 6A:10A-1.1 as "an ongoing performance-based assessment process that measures the child’s progress in meeting the Preschool Teaching and Learning Expectations: Standards of Quality and the Core Curriculum Content Standards."]

 …8. The school district shall participate in a self-assessment and validation using a protocol developed by the Department to assess preschool program implementation and results. The self-assessment and validation system shall be conducted annually by the district and the Department and shall include the following:

i. A detailed self-assessment by the district board of education of its preschool program to inform its school district two-year preschool program plan;

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

iii. A plan for improvement in a format to be provided by the Department. The plan shall include:

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

(2) A detailed explanation of the steps to be taken by the district board of education and/or the department;

(3) A schedule for implementation including interim benchmarks of progress and interim progress assessments; and

(4) A date for program re-evaluation.

N.J.A.C. 6A:10A-2.3

…(g) In the two-year preschool program plan, the district board of education shall ensure that the parent education and involvement activities planned by the district board of education are based on identified needs.

(h) The district board of education shall annually participate in a self-study and validation of its preschool program and amend the two-year preschool program plan to reflect its findings.

(i) The district board of education shall submit amendments to its two-year preschool program plan as required by new findings and conclusions about the implementation of the preschool program.

(j) Through the needs assessment process, the district board of education shall evaluate and assess the needs of its students, programs and child care center providers so as to formulate plans and applications to meet these needs and shall include, but not be limited to, the following:

1. For every child's preschool application, the district board of education shall complete an enrollment survey on forms provided by and made available to the Department;

2. The district board of education shall conduct a preschool early childhood screening assessment at school entry to determine if a child needs comprehensive diagnostic assessment; and

3. The district board of education shall use a reliable observation method approved by the Department to assess program quality in each preschool classroom, aggregate the data, and develop professional development plans for all teaching staff.

i. The district board of education in consultation with the ECAC and with approval from the Department shall establish a minimum acceptable score for all preschool classrooms in operation in the school district.

ii. If any classroom falls below the minimum acceptable score, then an improvement plan shall be established. The school district early childhood supervisor or director of early childhood, the master teacher and the school principal or child care center director shall participate in discussions to determine the classroom quality improvements that are necessary based upon the observation and establish a timeframe for making the required changes.

iii. The master teacher shall provide technical assistance to the classroom teacher based upon the improvement plan.

iv. If the district board of education deems that improvements have not been made according to the established schedule, a reliable independent observer approved by the Department will evaluate the classroom or program. If the reliable independent observer verifies that the expectations are not being met, steps shall be taken to remove the teacher from the classroom or terminate the Abbott Preschool Program Contract between the child care center provider and the district board of education.

N.J.A.C. 6A:10A-2.2(a)(10)

In the area of preschool, the school district’s plan … to assess continuously the specific educational needs of its children … should be addressed. The [two-year preschool program] plan shall include but not be limited to the following items:

ii. Use of NJELAS [New Jersey Early Learning Assessment System], measures of classroom quality, the reports of preschool intervention and referral teams, reports of master teachers, the school district’s self evaluation, and demographic information from the Uniform Preschool Enrollment Form;…

ECPA Preschool Program

N.J.A.C. 6A:8-3.4

…(d) A district board of education shall demonstrate that programs are based on a district-wide assessment that includes a needs and resource assessment for each school that is a subset of the district's comprehensive strategic plan pursuant to N.J.S.A. 18A:7F-16.

(e) A district board of education shall ensure that the early childhood education program ...

…6. Includes an annual program evaluation.

(f) A district board of education shall base early childhood education programs and curricula on student needs, strengths and interests that focus on all aspects of development: cognitive, social, emotional and physical. Curriculum and assessment strategies and/or resources shall be developmentally appropriate and include performance-based assessment measures.