N.J. Admin. Code § 6A:13A-9.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:13A-9.1 - Contract

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

1. Each district board of education using the Department-approved preschool program contract without modifications shall submit to the Department a copy of each executed contract no later than 60 days after the Department's annual release of the contract for the following school year.

2. The district board of education may request modifications to the Department-approved preschool program contract no later than 45 days after the Department's annual release of the contract for the following school year.

i. The district board of education shall not request a modification of the provision in the Department-approved preschool program contract that requires the school district to ensure that the educational program offered by the private provider or Head Start agency will comply with all Federal, State, and local laws, rules, and regulations regarding the secular nature of programs receiving public funding.

3. The district board of education shall submit to the Department a copy of each executed contract within 60 days of receiving Department approval to modify the Department-approved preschool program contract.

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

(c) Each private provider or local Head Start agency entering into a contractual arrangement with a district board of education to provide a full-day preschool program pursuant to this chapter 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 to the district board of education evidence of compliance with Department of Children and Families background check procedures for child abuse record information pursuant to N.J.A.C. 10:122-4.9 and criminal history background check procedures pursuant to N.J.S.A. 30:5B-6.10 through 6.18.

5. Procure and maintain at its own expense, until at least one year after the completion of all services performed under the contract, liability insurance for damages imposed by law and assumed under the contract from insurance companies admitted or approved to do business in the State;

6. Keep all pupil records in strictest confidence in accordance with N.J.A.C. 10:122 and 6A:32, and the Federal Family Education Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99);

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 with access to its site and program records for the purposes of monitoring and ensuring that the private provider or local Head Start agency is complying with all aspects of the preschool program contract.

(d) 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.

(e) Each private provider and/or local Head Start agency shall meet the minimum acceptable score on the reliable classroom-quality assessment instrument, set forth at N.J.A.C. 6A:13A-5.4, and established by the district board of education in the preschool program contract to determine the eligibility of the private provider and/or the local Head Start agency to continue to contract with the school district.

N.J. Admin. Code § 6A:13A-9.1

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
In (a)2, inserted "contract" following "program"; in (b), inserted "and adheres to requirements for programmatic and fiscal accountability established in this chapter,", substituted the second occurrence of "that" for "to", and deleted "and adheres to requirements for programmatic and fiscal accountability established in this chapter" following "program"; in the introductory paragraph of (d), inserted "to provide a full-day preschool program pursuant to this chapter"; in (d)3, substituted "Department approved" for "Department-approved"; and in (f), inserted "reliable" and "and established by the district board of education in their preschool program contract".

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