S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8042

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by  M.  of  A.  NOLAN,  ABBATE, BARRON, BENEDETTO, BENJAMIN,
  CASTRO, CHRISTENSEN,  EDDINGTON,  ESPAILLAT,  GALEF,  GREENE,  JAFFEE,
  MAISEL, MARKEY, MILLMAN, PAULIN, SCHROEDER, PERRY, PHEFFER, ROSENTHAL,
  RUSSELL,  STIRPE,  TOWNS  --  Multi-Sponsored  by -- M. of A. DESTITO,
  GABRYSZAK, GLICK, JOHN, MENG -- (at request  of  the  State  Education
  Department) -- read once and referred to the Committee on Education

AN  ACT  to  amend the education law, in relation to strengthening early
  childhood education by requiring full-day  kindergarten  and  lowering
  the age of compulsory attendance to age five

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature  finds  and  declares
that  early  childhood  education is of critical importance in improving
student academic  achievement  in  New  York's  elementary,  middle  and
secondary schools and preparing our children to meet the challenges they
will  face in competing in a global economy in a rapidly changing world.
If our children are to have the skills necessary to compete successfully
in a marketplace that is increasingly global, places a premium on  tech-
nology  and  information transfer, and is evolving at a very rapid pace,
they need a solid foundation in pre-kindergarten  and  kindergarten.  In
the aggregate, students who have the benefit of quality pre-kindergarten
and kindergarten educational programs show higher reading achievement in
later  grades,  while students who fall behind in the early grades often
have difficulty catching up with their peers.  The  legislature  further
finds  and  declares  that  the existing provisions of the education law
that make kindergarten optional and allow school districts to offer only
half-day kindergarten programs hinder the effort to improve early child-
hood education and do not provide all students with the same opportunity
for and access to a public school kindergarten program  on  a  full-time
basis.  Moreover,  because the provisions of part 1 of article 65 of the
education law on compulsory education do not currently apply to  5  year

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11086-01-9
              

A. 8042                             2

olds  who  attend  kindergarten,  school  officials  cannot require most
kindergarten students to attend school after their parents enroll  them.
Students  who  do not regularly attend school cannot be expected to keep
up  with their peers who do attend regularly and risk falling behind. On
the other hand, parents may have legitimate concerns that their child is
not ready to enter school at the required age. Therefore,  the  legisla-
ture further finds and declares that the compulsory school age should be
lowered  to age 5, but with a mechanism for parents to elect not to have
their child enroll in school for an additional year.
  S 2. Subdivision 11 of section 2 of the education law, as  amended  by
chapter 363 of the laws of 1990, is amended to read as follows:
  11.  Compulsory school ages. The term "child of compulsory school age"
means any child [between six and sixteen years of age] lawfully required
to attend upon instruction PURSUANT TO SECTION THIRTY-TWO  HUNDRED  FIVE
OF THIS CHAPTER.
  S  3. Subdivision 1 of section 1712 of the education law is amended to
read as follows:
  1. The TRUSTEES OR board of education of each  school  district  [may]
SHALL  maintain  kindergartens  which shall be free to resident children
between the ages of four and six years, provided,  however,  such  board
may  fix  a  higher  minimum age for admission to such kindergartens FOR
CHILDREN WHO BECOME  FIVE  YEARS  OF  AGE  AFTER  THE  SCHOOL  YEAR  HAS
COMMENCED TO THE EXTENT CONSISTENT WITH SUBDIVISION ONE OF SECTION THIR-
TY-TWO  HUNDRED TWO AND SECTION THIRTY-TWO HUNDRED FIVE OF THIS CHAPTER.
IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR  AND  THERE-
AFTER, ALL SUCH KINDERGARTENS SHALL BE OPERATED ON A FULL-TIME BASIS.
  S  4.  Subdivision 1 of section 2514 of the education law, as added by
chapter 762 of the laws of 1950, is amended to read as follows:
  1. The board of education of each city  school  district  [may]  SHALL
maintain  kindergartens which shall be free to resident children between
the ages of four and six years, provided, however, such board may fix  a
higher  minimum age for admission to such kindergartens FOR CHILDREN WHO
BECOME FIVE YEARS OF AGE AFTER THE SCHOOL  YEAR  HAS  COMMENCED  TO  THE
EXTENT CONSISTENT WITH SUBDIVISION ONE OF SECTION THIRTY-TWO HUNDRED TWO
AND SECTION THIRTY-TWO HUNDRED FIVE OF THIS CHAPTER. IN THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND THEREAFTER, ALL SUCH KINDER-
GARTENS SHALL BE OPERATED ON A FULL-TIME BASIS.
  S  5. Subdivision 1 of section 2555 of the education law, such section
as renumbered by chapter 762 of the laws of 1950, is amended to read  as
follows:
  1. The board of education of each city [may] SHALL maintain kindergar-
tens  which  shall be free to resident children between the ages of four
and six years, provided, however, such board may fix  a  higher  minimum
age  for  admission  to  such kindergartens FOR CHILDREN WHO BECOME FIVE
YEARS OF AGE AFTER THE SCHOOL YEAR HAS COMMENCED TO THE EXTENT  CONSIST-
ENT  WITH  SUBDIVISION ONE OF SECTION THIRTY-TWO HUNDRED TWO AND SECTION
THIRTY-TWO HUNDRED FIVE OF THIS CHAPTER. IN THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE SCHOOL YEAR AND THEREAFTER, ALL SUCH KINDERGARTENS SHALL
BE OPERATED ON A FULL-TIME BASIS.
  S 6. Subdivisions 1 and 2 of section 3205 of the education law, subdi-
vision 1 as amended by chapter 262 of the laws of 1959, paragraphs a and
b of subdivision 1 as amended by chapter 296 of the laws of 1969,  para-
graph  c of subdivision 1 as amended by chapter 518 of the laws of 1993,
paragraph b of subdivision 2 as amended by chapter 975 of  the  laws  of
1966  and  paragraph  c  of subdivision 2 as added by chapter 546 of the
laws of 1987, are amended to read as follows:

A. 8042                             3

  1. a. In each school district of the state, each minor from [six] FIVE
to sixteen years of age shall attend upon full time instruction.
  b.  Each  minor  from  [six] FIVE to sixteen years of age on an Indian
reservation shall attend upon full time day instruction.
  c. For purposes of this article, a minor who becomes [six] FIVE  years
of  age  on  or before the first of December in any school year OR ON OR
BEFORE A LATER DATE IN SUCH SCHOOL YEAR, NOT LATER THAN  DECEMBER  THIR-
TY-FIRST,  ESTABLISHED  BY THE TRUSTEES OR BOARD OF EDUCATION FOR ADMIS-
SION TO THE PUBLIC SCHOOLS IN SUCH MINOR'S SCHOOL DISTRICT OF  RESIDENCE
shall  be  required  to attend upon full time instruction from the first
day that the appropriate public schools are in session in  September  of
such  school year, and a minor who becomes [six] FIVE years of age after
the first of December in any school year OR A LATER DATE IN SUCH  SCHOOL
YEAR,  NOT LATER THAN DECEMBER THIRTY-FIRST, ESTABLISHED BY THE TRUSTEES
OR BOARD OF EDUCATION FOR  ADMISSION  TO  THE  PUBLIC  SCHOOLS  IN  SUCH
MINOR'S  SCHOOL  DISTRICT  OF RESIDENCE shall be required to attend upon
full time instruction from the first day of  session  in  the  following
September;  and,  except  as  otherwise provided in subdivision three of
this section, shall be required to remain in attendance until  the  last
day  of  session  in  the school year in which the minor becomes sixteen
years of age.
  2. Exceptions. a. A minor who has completed a  four-year  high  school
course  of  study  shall not be subject to the provisions of part one of
this article in respect to required attendance upon instruction.
  b. A minor for whom application for a full-time employment certificate
has been made and who is eligible therefor may,  though  unemployed,  be
permitted to attend part time school not less than twenty hours per week
instead of full time school.
  c.  [The  board  of  education of the Syracuse city school district is
hereby authorized to require minors who are five  years  of  age  on  or
before  December  first to attend kindergarten instruction. However, the
provisions of this paragraph shall not apply to:
  (i) Minors whose parents elect not to enroll their children in  school
until the following September.
  (ii)  Students enrolled in non-public schools or in home instruction.]
A MINOR WHO WILL BECOME FIVE YEARS OF AGE IN ANY SCHOOL YEAR  AND  WHOSE
PARENT  ELECTS  NOT  TO ENROLL THEIR CHILD IN SCHOOL IN SUCH SCHOOL YEAR
AND SUBMITS A NOTICE OF ELECTION PURSUANT  TO  THE  PROVISIONS  OF  THIS
PARAGRAPH  SHALL  NOT  BE  REQUIRED TO ATTEND UPON FULL-TIME INSTRUCTION
UNTIL THE FIRST DAY OF SESSION IN  SEPTEMBER  OF  THE  FOLLOWING  SCHOOL
YEAR.  THE PARENT SHALL SUBMIT A WRITTEN NOTICE TO THE SUPERINTENDENT OF
SCHOOLS OF THEIR CHILD'S SCHOOL DISTRICT OF RESIDENCE OF THEIR  ELECTION
NOT  TO  ENROLL  THEIR  CHILD  BY  NO  LATER THAN THE FIRST DAY OF APRIL
PRECEDING THE SCHOOL YEAR IN WHICH THE CHILD BECOMES FIVE YEARS OF  AGE,
PROVIDED  HOWEVER  THAT  WHERE  THE CHILD'S SCHOOL DISTRICT OF RESIDENCE
CHANGES AFTER SUCH DATE, THE PARENT MAY SUBMIT SUCH NOTICE WITHIN THIRTY
DAYS AFTER ESTABLISHING RESIDENCE IN THE NEW SCHOOL DISTRICT. THE  TRUS-
TEES  OR  BOARD OF EDUCATION SHALL SEND WRITTEN NOTICE TO THE PARENTS OF
EACH CHILD IDENTIFIED THROUGH THE SCHOOL CENSUS OR CHILD FIND WHO  MIGHT
BE  ELIGIBLE  TO MAKE AN ELECTION PURSUANT TO THIS PARAGRAPH BY NO LATER
THAN THE PRECEDING MARCH FIRST.  THE SUPERINTENDENT OF SCHOOLS SHALL NOT
REJECT A NOTICE OF ELECTION SUBMITTED BY A PARENT  AS  UNTIMELY  IF  THE
PARENT  ESTABLISHES THAT THE DISTRICT FAILED TO PROVIDE TIMELY NOTICE TO
THE PARENT OR THAT THE DELAY WAS CAUSED BY FACTORS BEYOND THE CONTROL OF
THE PARENT, INCLUDING BUT NOT LIMITED TO, THE PARENT'S ABSENCE FROM  THE
STATE  OR  COUNTRY  FOR MILITARY SERVICE, THE PARENT'S INCAPACITY DUE TO

A. 8042                             4

ILLNESS OR DISABILITY, DISRUPTION OF MAIL SERVICE DUE TO SEVERE  WEATHER
CONDITIONS,  LOSS  OF  ELECTRICITY OR OTHER EMERGENCY CONDITIONS AND THE
PARENT'S INABILITY TO UNDERSTAND THE SCHOOL DISTRICT'S NOTICE BECAUSE IT
WAS  NOT SUBMITTED IN THE NATIVE LANGUAGE OR OTHER MODE OF COMMUNICATION
USED BY THE PARENT. THE COMMISSIONER SHALL PRESCRIBE  THE  FORM  OF  THE
NOTICES  REQUIRED  BY  THIS  PARAGRAPH  AND SHALL BE AUTHORIZED TO ADOPT
REGULATIONS TO IMPLEMENT THIS PARAGRAPH.  NOTHING  IN  THIS  SUBDIVISION
SHALL  BE CONSTRUED TO AUTHORIZE SCHOOL OFFICIALS TO DENY ADMISSION TO A
STUDENT WHO IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SUBDIVISION ONE  OF
SECTION  THIRTY-TWO  HUNDRED  TWO  OF  THIS ARTICLE AND WHOSE PARENT HAS
PREVIOUSLY FILED A NOTICE OF ELECTION PURSUANT TO THIS PARAGRAPH FOR THE
SCHOOL YEAR, PROVIDED THAT UPON ADMISSION SUCH STUDENT SHALL BE REQUIRED
TO ATTEND UPON FULL-TIME INSTRUCTION.
  S 7. Subdivision 9 of section 3602 of the education law, as amended by
section 16 of part B of chapter 57 of the laws of 2007,  is  amended  to
read as follows:
  9.  Aid  for conversion to full day kindergarten. School districts may
make available full day kindergarten programs for all  children  wishing
to   attend  such  programs,  AND,  COMMENCING  WITH  THE  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, SHALL MAKE FULL-DAY  KINDERGAR-
TEN PROGRAMS AVAILABLE TO ALL CHILDREN. For aid payable in the two thou-
sand  seven--two  thousand  eight  school  year  and  thereafter, school
districts which provided any half-day kindergarten programs  or  had  no
kindergarten  programs  in the nineteen hundred ninety-six--ninety-seven
school year and in the base year shall be eligible for aid equal to  the
product of the district's selected foundation aid calculated pursuant to
subdivision  four  of this section multiplied by the positive difference
resulting when the full day kindergarten enrollment of children  attend-
ing  programs  in  the district in the base year is subtracted from such
enrollment in the current year.
  S 8. Subdivision 2 of section 3641 of the education law, as  added  by
section  32  of  part B of chapter 57 of the laws of 2008, is amended to
read as follows:
  2. Full-day  kindergarten  transition  and  pre-kindergarten  planning
grants. Within the amount appropriated for such purpose, the commission-
er  is  hereby  authorized to award grants to: (i) school districts that
operated half-day  kindergarten  programs  in  the  two  thousand  [six]
EIGHT--two  thousand [seven] NINE school year, CONTINUED TO OPERATE SUCH
HALF-DAY PROGRAMS IN EACH YEAR THROUGH THE BASE YEAR and  will  continue
to  operate such half-day programs in the [two thousand seven--two thou-
sand eight school] CURRENT year  to  plan  for  conversion  to  full-day
kindergartens  only  in  the  school  year  next  following the [school]
CURRENT year [in which the planning grant is  received],  but  no  later
than  the two thousand [ten] ELEVEN--two thousand [eleven] TWELVE school
year, and (ii) school districts for planning grants for the  implementa-
tion  or  expansion of universal prekindergarten programs.  FOR PURPOSES
OF THIS SUBDIVISION, "CURRENT YEAR" MEANS THE SCHOOL YEAR IN  WHICH  THE
PLANNING  GRANT  IS RECEIVED AND "BASE YEAR" MEANS THE SCHOOL YEAR IMME-
DIATELY PRECEDING THE CURRENT YEAR. The commissioner shall prescribe the
procedures and criteria for the award of such  grants,  which  shall  be
available to school districts to defray their additional costs for plan-
ning  time,  the  cost  of classroom materials, equipment, furniture and
supplies not eligible for  aid  pursuant  to  subdivisions  six,  six-a,
six-b, six-c or six-f of section thirty-six hundred two of this article,
where  such additional costs are incurred in planning for the facilities
and staffing that will be needed for such conversion, implementation  or

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expansion.  No  school district may receive more than one planning grant
pursuant to this subdivision for conversion  to  full-day  kindergarten.
The  commissioner  shall be authorized to adopt regulations to implement
the provisions of this subdivision.
  S  9.  This  act shall take effect July 1, 2009, provided that if this
act shall become a law after July 1, 2009, this act  shall  take  effect
immediately and shall be deemed to have been in full force and effect on
and  after July 1, 2009; provided further that sections one, two, three,
four, five and six of this act shall take effect July 1, 2011.