N.J. Admin. Code § 6A:13A-9.4

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

Section 6A:13A-9.4 - Termination of a preschool program contract

(a) The school district shall have the right to terminate a contracting private provider's or local Head Start agency's preschool program contract immediately upon:

1. Revocation of the contracting private provider's or local Head Start agency's licensure;

2. Material breach of the contracting private provider's or local Head Start agency's responsibilities, including the failure to conduct and document criminal background and child abuse history checks;

3. Failure to comply with all applicable requirements established pursuant to this chapter; or

4. Any other reasonable cause within the discretion of the school district and with written approval from the Department.

(b) The district board of education shall use the following process to terminate a contracting private provider's or local Head Start agency's preschool program contract:

1. If a contracting private provider or local Head Start agency fails to comply with all terms of the preschool program contract or applicable Federal, State, or local requirements, the school district shall notify, in writing, the contracting private provider or local Head Start agency and the Department about the deficiency and provide a timeframe for compliance.

2. If the contracting private provider or local Head Start agency fails to resolve the deficiency within the time provided, the school district may initiate termination of the preschool program contract upon written notice to the contracting private provider or local Head Start agency and the Department. Termination of the contract shall be subject to written approval by the Department to the school district and contracting private provider or local Head Start agency.

(c) Contracting private providers or local Head Start agencies may appeal to the Commissioner, pursuant to N.J.A.C. 6A:3, Controversies and Disputes, a school district's decision to terminate a contract. The filing of an appeal shall not prevent the termination from becoming effective on the date specified unless the appealing party seeks and is granted a stay pending decision by the Commissioner.

(d) The school district and the contracting private provider or local Head Start agency may terminate the preschool program contract by mutual agreement, in writing, upon notice to and receipt of written approval from the Department.

1. A termination under this provision shall take effect upon the 30th day from the date the school district and the contracting private provider or local Head Start agency receive written approval from the Department to terminate the preschool program contract.

(e) Upon non-renewal or termination, the school district shall recover from the contracting private provider or local Head Start agency all playground materials, playground equipment both installed and uninstalled, start-up classroom materials and technology, or the monetary equivalent thereof, based upon funding for the items as approved by the Department. The amount to be recovered shall be at least equal to the amount approved for the initial start-up costs.

(f) In the event of non-renewal or termination of the preschool program contract by the school district or the contracting private provider or local Head Start agency, the contracting private provider or local Head Start agency may be required by the school district to continue the service until the school district has found an appropriate placement for all children. At no time shall the contracting private provider or local Head Start agency be required to continue and be reimbursed for the service for more than 90 days beyond the expiration date of the existing preschool program contract.

N.J. Admin. Code § 6A:13A-9.4

Amended by R.2009 d.334, effective 11/2/2009.
See: 41 N.J.R. 2530(a), 41 N.J.R. 4077(a).
Inserted "contracting" preceding "private provider" throughout; in (b)1, inserted "and provide a timeframe for compliance"; in (c), substituted "Contracting private" for "Private"; and in (f), substituted "90" for "ninety".

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