N.J. Admin. Code § 6A:13A-9.3

Current through Register Vol. 56, No. 21, November 4, 2024

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

(a) The district board of education, contracting private provider or local Head Start agency, and the Department shall use the following process for renewal or non-renewal of a private provider or local Head Start agency preschool program contract:

1. For all private provider or local Head Start agency contract renewals or non-renewals:

i. The school district shall notify any contracting private provider or local Head Start agency in writing on or before May 1 of each contract year of the school district's intent to renew the preschool program contract for an additional one-year term. The school district shall also notify any private provider or local Head Start agency, the Department's Division of Early Childhood Education, and the Department of Children and Families' Office of Licensing, in writing, on or before May 1 of each contract year of the school district's intent to not renew the preschool program contract for an additional one-year term. Any school district notification of non-renewal shall follow the protocol established by the Department's Division of Early Childhood Education and detail justifiable reason(s) for non-renewal of the preschool program contract.

ii. Any change(s) in configuration of the way preschool children are served within the school district's mixed delivery system shall be described in the school district's preschool program plan and/or annual update or modifications and shall be submitted to the Department's Division of Early Childhood Education for consideration prior to notification of non-renewal to contracting private provider(s) and/or local Head Start agency(ies).

iii. The contracting private provider or local Head Start agency shall notify the school district in writing within 30 days of receipt of the school district's renewal notice of the private provider's or local Head Start agency's acceptance or rejection of the offer to renew the preschool program contract for one year.

iv. The private provider or local Head Start agency may dispute the non-renewal of the preschool program contract received in writing from the school district by notifying the school district and the Department in writing within 10 business days of receipt of the notice of non-renewal.

v. The Department may request additional information from either party.

vi. The Department shall affirm or deny the appropriateness of the non-renewal decision in writing to the school district and the contracting private provider or local Head Start agency.

vii. The non-renewal decision may be appealed to the Commissioner pursuant to N.J.A.C. 6A:3, Controversies and Disputes.

viii. The school district's three-year preschool program plan and annual update(s) shall be amended accordingly, based on the changes in the classroom configuration.

N.J. Admin. Code § 6A:13A-9.3

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In the introductory paragraph of (a), inserted "contracting"; rewrote (a)1i; added new (a)1ii; recodified former (a)1ii through (a)1vi as (a)1iii through (a)1vii; in (a)1iii and (a)1vi, inserted "contracting"; and added (a)1viii.

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