N.J. Admin. Code § 6A:13-3.3 : EDUCATION — PROGRAMS AND PRACTICES TO SUPPORT STUDENT ACHIEVEMENT — PROGRAMS AND SERVICES FOR STUDENTS IN HIGH POVERTY AND IN HIGH NEED SCHOOL DISTRICTS —3.3 - Definition of high need school districts and implementation timeline

(a) A high need school district is defined as a school district in which 40 percent or more of the students are "at-risk" as defined in P.L. 2007, c. 260 and is at one or more of the following proficiency levels on State assessments:
1. Less than 85 percent of total students have achieved proficiency in language arts literacy on the New Jersey Assessment of Skills and Knowledge (NJ ASK) 3;
2. Less than 80 percent of total students have achieved proficiency in language arts literacy on the NJ ASK 8;
3. Less than 80 percent of total students have achieved proficiency in language arts literacy on the HSPA;
4. Less than 85 percent of total students have achieved proficiency in mathematics on the NJ ASK 4;
5. Less than 80 percent of total students have achieved proficiency in mathematics on the NJ ASK 8; and/or
6. Less than 80 percent of total students have achieved proficiency in mathematics on the high school State assessment.
(b) On an annual basis, beginning in 2008, the Department of Education shall identify the list of high need school districts based on the State assessments results, and shall promptly notify the districts that are classified as high need. Except as required by (c) below, in the first school year immediately following identification as a high need district, such districts shall begin planning for implementation of, and shall implement where possible, the designated program(s) (language arts and/or math literacy) as required below. In the subsequent year following identification as a high need district, such districts shall fully implement the designated program(s). High need school districts, once identified, shall remain in that status and shall continue to implement the designated program(s) for a minimum of three years.
(c) High need school districts previously subject to N.J.A.C. 6A:10A and 6A:10 shall implement the language arts literacy programs and services required by this subchapter during the 2008-2009 school year.

N.J. Admin. Code § 6A:13-3.3