N.J. Stat. tit. 18A, ch. 44

in effect

N.J. Stat. § 18A:44-1 Establishment of preschool

18A:44-1. The board of education of any district may establish a preschool school or department in any school under its control, and shall admit to such preschool school or department any child who is under the age at which children are admitted to other schools or classes in such district. L.1967, c.271; amended 1996, c.138, s.71.

N.J. Stat. § 18A:44-2 Establishment of kindergarten.

18A:44-2. a. The board of education of a district serving elementary grades shall establish a kindergarten school or kindergarten department, which in order to receive State aid shall be a one-year program in advance of or in preparation for entrance to first grade, in any school under its control, and shall admit to the kindergarten school or department any child over the age of five and under the age of six years as of October 1 of that school year who is a resident of the district, but a board of education may, in its discretion, admit any student who turns five after this date if they meet entrance requirements as may be established by the rules and regulations of the board through a board approved policy. b. A kindergarten school or kindergarten department established by a board of education shall provide a full-day kindergarten program no later than the beginning of the 2029-2030 school year, provided, however, that a district not providing a full-day kindergarten program prior to the effective date of P.L.2025, c.100 (C.18A:44-7 et al.) may satisfy the requirements of this subsection by entering a sending-receiving relationship with a kindergarten school or kindergarten department established by the board of education of an adjacent school district. The tuition of students attending a kindergarten school or kindergarten department in another district in accordance with a sending-receive agreement shall be determined in accordance with N.J.S.18A:38-19. Attendance at a kindergarten school or kindergarten department shall be free in accordance with the requirements of N.J.S.18A:38-1. L.1967, c.271; amended 1996, c.138, s.72; 2025, c.100, s.12.

N.J. Stat. § 18A:44-3 Nursery school and kindergarten school teachers; special certificates

Every teacher in a nursery school or department and every teacher in a kindergarten school or department shall hold an appropriate certificate, which shall be issued by the state board of examiners at the request of the board of education of the district in which such school or department is situate or by the board of examiners of the city in which he is teaching, if there is such a board. L.1967, c.271.

N.J. Stat. § 18A:44-4 Expenses; how paid.

18A:44-4. a. Except as otherwise provided pursuant to subsection b. of this section, the expenses of preschool schools or departments and of kindergarten schools or departments shall be paid out of any moneys available for the general fund expenses of the schools, and in the same manner and under the same restrictions as the expenses of other schools or departments are paid, except when wholly or partly subsidized by restricted funding sources or restricted endowments. 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. Amended 1993, c.83, s.18; 1996, c.138, s.73; 2004, c.125; 2007, c.260, s.69.

N.J. Stat. § 18A:44-6 Division of Early Childhood Education.

2. a. There is established a Division of Early Childhood Education in the Department of Education. The administrator and head of the division shall be a person qualified by training and experience to perform the duties of the division and shall devote his entire time to the performance of those duties. b. The division shall be responsible for: (1) setting required standards for early childhood education programs in districts that operate preschool programs for three- and four-year olds that emphasize the quality necessary to meet children's needs, including, but not limited to, standards for teacher qualifications, program design and facilities; (2) identifying and disseminating information on model early childhood education programs that meet and exceed high standards for program quality; (3) the coordination of early childhood programs and services in consultation with the Department of Human Services; (4) identifying the amount of funds necessary to implement successful early childhood education programs based on a comprehensive needs assessment; (5) providing assistance, as needed, to school districts in implementing early childhood education programs; (6) implementing the early childhood education orders of the New Jersey Supreme Court; (7) overseeing the evaluation and monitoring of early childhood education programs in districts that operate preschool programs for three- and four-year olds; and (8) providing, in consultation with the Department of Human Services, an annual report to the Legislature and public on early childhood education. L.2000, c.139, s.2; amended 2007, c.260, s.70.

N.J. Stat. § 18A:44-7 Short title.

1. Sections 1 and 2 and 6 through 11 of this act shall be known and may be cited as the "New Jersey Universal Preschool and Kindergarten Act." L.2025, c.100, s.1.

N.J. Stat. § 18A:44-8 Findings, declarations.

2. The Legislature finds and declares that: a. Research is clear that high-quality preschool can change the educational trajectories of young children, particularly economically disadvantaged children and multilingual learners. Improvements in literacy, numeracy, social-emotional and self-regulatory development, and lifetime earnings have been demonstrated among individuals who attend high-quality preschool compared to their peers. b. New Jersey leads the nation in expanding access to high-quality preschool opportunities. The State has achieved a unique and world-class combination of significant financial investment and rigorous quality standards. New Jersey State-funded preschools are required to serve three- and four-year olds in full-day programs featuring small class sizes led by quality instructors with ample curriculum support, professional development, and accommodations for students with special needs. New Jersey's State spending on preschool is among the highest in the country, with clear, significant impacts on our public school system: tens of thousands of three- and four-year olds in hundreds of communities around the State attend transformative high-quality early education programs. c. District-operated preschool programs, licensed childcare centers, and Head Start programs form an interrelated and interdependent early childhood ecosystem. Each component is made stronger by the other, and the system is greater and more impactful than the sum of its parts. No component can reach its full potential without the facilities, staff, resources, and expertise of the others. Together, the system represents a continuum of education and care services from birth through age five necessary not only for children to realize their full life potential, but for families to participate fully in economic and civic society. To lift up this system is a moral and economic imperative. d. To build on the State's preschool expansion progress to date and to realize the full benefits of high-quality preschool, it is fitting and proper for the State to enshrine certain policies and values in State law, including: (1) providing sustainable, annual financial support for expanding access to high-quality preschool; (2) codifying preschool education aid provisions previously implemented through language in various annual appropriations acts and harmonizing New Jersey law accordingly; (3) prioritizing expansion for economically disadvantaged families and communities; (4) requiring State-funded preschool programs to make every effort to partner with local ready, willing, and able licensed childcare providers and Head Start programs; and (5) conducting ongoing evaluations of the State's approach to early childhood and preschool education to ensure that policy continues to reflect stakeholder expertise and evolving research. e. In addition to high-quality preschool education, full-day kindergarten is necessary not only to unlock a child's full learning potential, but to facilitate a smooth transition from high-quality preschool into elementary programs. L.2025, c.100, s.2.

N.J. Stat. § 18A:44-9 Universal Preschool Implementation Steering Committee.

9. a. There is established in the Department of Education a Universal Preschool Implementation Steering Committee. The members of the committee shall be as follows: (1) the Commissioner of Education, or a designee; (2) the Commissioner of Children and Families, or a designee; (3) the Commissioner of Human Services, or a designee; (4) the Commissioner of Labor and Workforce Development, or a designee; (5) the Commissioner of Health, or a designee; (6) the Chief Executive Officer of the New Jersey Economic Development Authority, or a designee; (7) one member appointed by the President of the Senate, who shall be an employee of the Legislature; and (8) one member appointed by the Speaker of the General Assembly, who shall be an employee of the Legislature. b. The duties of the committee shall be as follows: (1) recommending to the Governor and Legislature a funding methodology for preschool costs to be implemented for all school districts beginning in the 2028-2029 school year, which may include proposing a Preschool Adequacy Budget and preschool education aid formula modeled after the calculation of equalization aid pursuant to section 11 of P.L.2007, c.260 (C.18A:7F-53); (2) evaluating the pilot program established pursuant to subsection h. of section 12 of P.L.2007, c.260 (C.18A:7F-54) for school districts that first receive preschool education aid in the 2025-2026, 2026-2027, and 2027-2028 school years; (3) proposing methods to incentivize school districts to pursue mixed delivery partnerships with licensed child care providers and Head Start programs; (4) proposing optional methods for school districts to establish centralized enrollment systems that prioritize family choice first in determining a preschool student's placement setting; (5) analyzing whether providing an adjustment to school districts' tax levy growth limitation related to preschool costs is necessary or beneficial to the State's preschool expansion efforts; and (6) recommending any appropriate means by which the State can seek to strengthen and expand the preschool workforce. c. The steering committee shall convene one or more local subcommittees to solicit input from local practitioners to facilitate completion of the requirements set forth in subsection b. of this section. d. The steering committee shall organize within 90 days of the effective date of P.L.2025, c.100 (C.18A:44-7 et al.). L.2025, c.100, s.9.

N.J. Stat. § 18A:44-10 Mixed Delivery Model Preschool Handbook.

10. The Department of Education, in consultation with the Department of Children and Families, shall develop and periodically update a Mixed Delivery Model Preschool Handbook to compile all State requirements and associated guidance documents, organized by topic, deemed relevant by the Commissioner of Education. The topics addressed in the handbook shall include, but not be limited to: a. funding and staffing requirements; b. school district and licensed child care provider program administration; c. eligibility, recruitment, and enrollment; d. family engagement; e. curriculum; f. child assessments; g. classroom assessments and program evaluation; h. optional strategies for school districts to establish centralized enrollment systems that prioritize family choice first in determining a preschool student's placement setting; and i. strategies for supporting contracted licensed child care providers in maintaining access to infant and toddler care. L.2025, c.100, s.10.

N.J. Stat. § 18A:44-11 Preschool education aid recipients, requirements.

7. a. A school district that receives preschool education aid pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54) shall: (1) demonstrate due diligence to partner with all ready, willing, and able licensed child care providers and Head Start programs in the immediate and neighboring communities; and (2) submit to the Department of Education an annual program plan detailing the status of the district's preschool program implementation. The plan shall include information specified by the commissioner, including, but not limited to: (a) the district's comprehensive curriculum; (b) protocol for how students' families can access community services, including services offered by licensed child care providers and Head Start programs; (c) a description of how the district conducts outreach to families to determine individual family needs, advocate on their behalf, and obtain appropriate community services; and (d) a description of how the district identifies and recruits families of at-risk pupils and other hard-to-reach populations and subsequently ensures these children receive priority placement in the preschool program. b. A school district that receives preschool education aid pursuant to section 12 of P.L.2007, c.260 (C.18A:7F-54) shall participate in a system of self-assessment for continuous quality improvement approved by the Department of Education to inform the school district of the status of its preschool program implementation. The system shall identify program areas in need of improvement based on a self-assessment and shall include a validation visit by a State team at least once every three years. The department may, based on the results of a district's self-assessment and the validation visit, require the district to complete an improvement plan. The improvement plan shall include a detailed explanation and timeline of the steps the district will take to improve areas identified for improvement. L.2025, c.100, s.7.

N.J. Stat. § 18A:44-12 Report to Legislature.

8. The Department of Education, the Department of Children and Families, and the Department of Human Services shall, in consultation with school districts, licensed child care providers, Head Start program providers, and other stakeholders identified by the Commissioner of Education, submit a report to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) no later than March 1 next following the date of enactment of P.L.2025, c.100 (C.18A:44-7 et al.) and each March 1 annually thereafter on the status of preschool education in the State and the efficacy of the mixed delivery method of preschool education. The Department of Education may utilize up to $250,000 of any appropriation for preschool education aid to contract temporary staff to assist with the preparation of the report issued pursuant to this section. L.2025, c.100, s.8.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026