N.J. Admin. Code § 6A:13A-2.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 6A:13A-2.1 - Eligibility

(a) In school districts that received Preschool Expansion Aid or educational opportunity aid in the 2007-2008 school year and in school districts that are either required to provide or are providing State-funded universal preschool, the district board of education shall provide free access to full-day preschool for all three- and four-year-old children.

(b) 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.

(c) 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.

(d) In school districts required to provide universal preschool, the district board of education also may:

1. Offer age-eligible, non-resident, at-risk children who receive Preschool Education Aid, a full-day preschool program under a Department-approved written agreement between district boards of education to enroll the children in the school district's preschool program; and/or

2. Offer age-eligible, non-resident children who do not receive Preschool Education Aid a full-day or partday preschool program by charging tuition to the parent or guardian.

3. Implementation of (d)1 and 2 above shall be contingent upon ensuring all age-eligible, resident children are given priority.

(e) Age-eligible, non-resident children of non-resident staff members employed by school districts providing universal preschool may be enrolled in the staff member's school district preschool program only if:

1. The child is preschool disabled and receiving services pursuant to N.J.S.A. 18A:46-6;

2. The child meets the eligibility requirements for universal or targeted preschool, as applicable, in the child's school district of residence and a Department-approved written agreement exists between the two school districts that includes the transfer of State-approved per pupil School Funding Reform Act (SFRA) Preschool Education Aid from the sending district of residence to the school district of parental employment; or

3. The child's parent or guardian pays tuition at a rate that is comparable to the per pupil rate provided in State aid, but does not exceed the actual cost per pupil pursuant to N.J.A.C. 6A:23A-17. Preschool Education Aid shall not be used to subsidize or offset the costs for tuition students.

(f) Implementation of (e)2 and 3 above shall be contingent upon ensuring all age-eligible, resident children are given priority.

(g) In school districts required to provide targeted preschool, the district board of education shall establish proof of income eligibility for each enrolling age-eligible child as set forth in this chapter using the at-risk income documentation required for the Application for State School Aid (ASSA).

(h) A school district providing targeted preschool pursuant to P.L. 2007, c. 260 may:

1. Offer age-eligible, non-resident, at-risk children who receive Preschool Education Aid a full-day preschool program under a Department-approved written agreement between district boards of education to enroll the children in their school district preschool program that includes the transfer of State-approved per pupil SFRA Preschool Education Aid from the sending district of residence to the school district of parental employment;

2. Offer age-eligible, resident children who are not at risk a full-day or part-day preschool program by charging tuition to the parent or guardian or using another funding source to support associated costs; and/or

3. Offer age-eligible, non-resident children who do not receive Preschool Education Aid a full-day or partday preschool program by charging tuition to the parent or guardian or using another funding source to support associated costs.

(i) Implementation of (h)1, 2, and 3 above shall be contingent upon ensuring all resident age- and income-eligible children are given priority.

(j) Age-eligible, non-resident children of non-resident staff members employed in school districts providing targeted preschool may only be enrolled in the employer's school district preschool program if:

1. The child is preschool disabled and receiving services pursuant to N.J.S.A. 18A:46-6;

2. The child meets the eligibility requirements for universal or targeted preschool in the child's school district of residence and a Department-approved written agreement exists between the two school districts that includes the transfer of State-approved per-pupil SFRA Preschool Education Aid from the sending district of residence to the school district of parental employment; or

(k) Implementation of (j)2 and 3 above shall be contingent upon ensuring all age-eligible, resident children are given priority.

(l) Any tuition charged to a school district or parent or guardian shall not exceed the per pupil amount established pursuant to P.L. 2007, c. 260.

(m) Any Department-approved written agreement established between district boards of education to provide preschool programs pursuant to (a) through (l) above shall include the responsibilities for oversight of the chapter's preschool program elements.

N.J. Admin. Code § 6A:13A-2.1

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Rewrote the section.

Amended by 54 N.J.R. 1595(b), effective 8/15/2022