On July 9, 2025, Governor Phil Murphy signed a legislative package establishing a framework for expanding access to free, high-quality preschool and full-day kindergarten throughout New Jersey. This legislation introduces several requirements and opportunities that school districts and boards of education should begin preparing for now.
Below are the key takeaways relevant to New Jersey school boards.
1. Full-Day Kindergarten Required Statewide by 2029–2030
The legislation (S3910/A5717) mandates that all elementary-serving districts in New Jersey implement free, full-day kindergarten by the 2029–2030 school year.
Districts that do not currently offer full-day kindergarten must:
- Assess facilities and staffing capacity;
- Prepare for changes to curriculum and daily schedules; and
- Consider send-receive agreements with neighboring districts as a compliance option.
This requirement applies to all public school districts serving elementary students, regardless of current structure or resources.
2. Preschool Funding Formula Codified in Law
The legislation (A5908/S4695) codifies the State’s preschool funding formula, making it a statutory entitlement rather than a discretionary budget item. It also requires the Department of Education (DOE) to issue annual preschool expansion grants.
Districts should monitor funding opportunities and be prepared to demonstrate program readiness or existing need to qualify for future funding cycles.
3. Extended Preschool Contract Terms and Streamlined Approvals
A companion bill (S4476/A5780) allows boards of education to:
- Approve preschool service contracts by board resolution rather than through competitive bidding; and
- Enter into up to three-year contracts with preschool providers.
These changes are designed to increase flexibility for districts using or planning to use mixed-delivery preschool models involving public-private provider partnerships.
Boards may want to review existing policies and coordinate with legal counsel to ensure compliance with the updated rules.
4. Expanded Oversight and Reporting Obligations
The legislation requires the DOE, Department of Children and Families (DCF), and Department of Human Services (DHS) to:
- Maintain updated public-facing directories of preschool and childcare providers;
- Submit annual reports to the Legislature on the state of preschool access and the outcomes of the mixed delivery model; and
- Issue public guidance on implementation strategies for underserved areas.
Districts participating in or seeking to expand preschool programs may be subject to increased reporting requirements and should prepare to track and submit relevant data.
5. Planning Considerations for Boards of Education
Given the scope and timeline of these changes, boards of education should begin strategic planning efforts now. Considerations include:
- Facilities capacity for kindergarten and preschool expansion;
- Budget and staffing needs for sustained implementation;
- Potential community partnerships for program delivery; and
- Compliance with forthcoming agency regulations and guidance.
Districts not currently offering full-day kindergarten or participating in state-funded preschool will need to plan for program development over the next several years.
Next Steps
District Administration should assess current program offerings, identify additional funding opportunities, review partnerships, and prepare for implementation timelines.
Board of Education should be discussing universal preschool and kindergarten plans moving forward and reviewing policies for any required legal changes.
Legal counsel can assist in reviewing contracts, developing policies, and ensuring compliance with the evolving regulatory landscape.
For questions about how this legislation affects your district or assistance with implementation planning, please contact our School Law Team.
Amy Houck-Elco is an attorney in Cooper Levenson’s School Law Practice Group in its Atlantic City office. She may be reached at 609-572-7454 or via e-mail at aelco@cooperlevenson.com.
The content of this post should not be construed as legal advice. You should consult a lawyer concerning your particular situation and any specific legal question you may have.