N.J. Admin. Code § 6A:13A-7.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 6A:13A-7.1 - Space requirements

(a) For any school district or charter school that received Preschool Education Aid in August 2017 or thereafter, the district board of education or charter school shall ensure all preschool classrooms in-district or in the charter school, as applicable, and at the contracted private provider and local Head Start agency are a minimum of 950 square feet per classroom consisting of 750 square feet of usable space, 150 square feet of storage, and equipment or furnishings that are either built in or not easily movable, and 50 square feet of toilet room.

1. Any preschool classroom that is relocating as of, or after, *August 15, 2022* to a space not previously occupied for preschool shall immediately meet minimum space requirements set forth at (a) above.

2. A district board of education may seek a waiver of, or equivalency for, the requirements set forth at (a) above pursuant to the process at N.J.A.C. 6A:5, Regulatory Equivalency and Waiver.

(b) The district board of education shall ensure that all construction or alteration of playgrounds and playground equipment complies with N.J.A.C. 5:23-7, Barrier Free Subcode, and N.J.A.C. 5:23-11, Playground Safety Subcode, in the Uniform Construction Code.

(c) Any change(s) affecting the physical space or location of contracted private provider or local Head Start agency preschool classrooms shall be approved prior to relocation or renovation by the school district and shall meet the space requirements established at (a) and (b) above.

(d) Any change(s) affecting the physical space or location of in-district preschool classrooms shall be approved by the executive county superintendent and shall meet the space requirements at (a) and (b) above.

(e) The district board of education shall engage in systematic, long-range facilities planning to ensure that adequate facilities exist in the community to meet the elements of high-quality preschool established in this chapter.

(f) Beginning in the 2027-2028 school year, a district board of education, contracted provider, or Head Start program shall not use temporary classroom units (TCUs) or other similar temporary facilities, as defined at N.J.A.C. 6A:26, Educational Facilities, for preschool classrooms without prior approval pursuant to N.J.A.C. 6A:5.

1. A district board of education that receives approval, pursuant to N.J.A.C. 6A:5, to use TCUs or other similar temporary facilities shall ensure compliance with N.J.A.C. 6A:26, including requirements relating to the use of TCUs or other similar temporary facilities.

2. Upon Department request, a district board of education shall provide information and/or documentation establishing the school district's compliance with N.J.A.C. 6A:26 and the provisions of this chapter.

(g) Any district board of education using TCUs or other similar temporary facilities for preschool classrooms as of *August 15, 2022*, shall submit to the Department proof of compliance with N.J.A.C. 6A:26 and a long-range facilities plan for phasing out the use of TCUs or other similar temporary facilities for preschool classrooms by *June 30, 2027*.

N.J. Admin. Code § 6A:13A-7.1

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In (c), inserted "contracted private provider or local Head Start agency" and substituted "from the school district and shall meet the space requirements established in (a) and (b) above" for "through the equivalency and waiver process established at N.J.A.C. 6A:5, Regulatory Equivalency and Waiver".

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