BILL NUMBER:A9900
TITLE OF BILL: An act to amend the education law, in relation to the
expenditure of pre-kindergarten program grant funds
PURPOSE OR GENERAL IDEA OF BILL: The Universal Pre-kindergarten Program
(UPK) is a state-funded program which provides education-based, high
quality pre-kindergarten to four year old children. UPK programs operate
for a minimum of 2 1/2, hours per day for five days a week during the
school year. This legislation would provide school districts with great-
er flexibility in the use of their unexpended UPK grants to maximize the
number of children who are served.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 would permit a school
district which is eligible to receive a UPK grant but unable to fill all
of their funded slots the ability to utilize unexpended grant money to
create full-day slots and support the cost of transporting pre-k
students. Section 2 would revise the Maintenance of Effort (MOE)
requirement.
JUSTIFICATION: Early education programs provide a strong foundation for
children, especially at-risk children. Research has shown that children
who are enrolled in high quality pre-kindergarten programs are less
likely to require special education services, repeat grades or drop out
of school. Full implementation of UPK is the goal but it has not yet
been realized.
S T A T E O F N E W Y O R K
________________________________________________________________________
9900
I N A S S E M B L Y
February 9, 2010
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the expenditure of
pre-kindergarten program grant funds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 10 of section 3602-e of the education law is
amended by adding a new paragraph d to read as follows:
D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY IN THE
EVENT A SCHOOL DISTRICT WHICH IS ELIGIBLE TO RECEIVE A GRANT UNDER THIS
SECTION IS UNABLE TO EXPAND PRE-KINDERGARTEN PROGRAMS AS DETERMINED BY
THE COMMISSIONER THEN SUCH DISTRICT SHALL BE PERMITTED TO UTILIZE THE
EQUIVALENT OF SUCH UNUSED PRE-KINDERGARTEN GRANT FUNDS FOR LOCAL
PRE-KINDERGARTEN INITIATIVES, FULL-DAY PRE-KINDERGARTEN PROGRAMS AND/OR
TRANSPORTATION SERVICES FOR PRE-KINDERGARTEN PUPILS AS APPROVED BY THE
COMMISSIONER, PROVIDED, HOWEVER, THAT SUCH EXCESS MAY NOT BE GENERATED
THROUGH A REDUCTION IN PRE-KINDERGARTEN STUDENTS SERVED FROM THOSE
SERVED IN THE BASE YEAR.
S 2. Subdivision 11 of section 3602-e of the education law, as amended
by section 19 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
11. Notwithstanding the provisions of subdivision ten of this section,
where the district serves fewer children during the current year than
PROVIDED FOR BY THE GRANT in the base year, the school district shall
have its apportionment reduced in an amount proportional to such defi-
ciency in the current year or in the succeeding school year, as deter-
mined by the commissioner, except such reduction shall not apply to
school districts which have fully implemented a universal pre-kindergar-
ten program by making such program available to all eligible children.
SUCH REDUCTION SHALL NOT APPLY TO DISTRICTS THAT REDUCE THE NUMBER OF
AVAILABLE PRE-KINDERGARTEN STUDENTS SERVED SO LONG AS THE DISTRICT
CONTINUES TO SERVE THE NUMBER OF CHILDREN PROVIDED FOR IN THE BASE YEAR.
Expenses incurred by the school district in implementing a pre-kinder-
garten program plan pursuant to this subdivision shall be deemed ordi-
nary contingent expenses.
S 3. This act shall take effect July 1, 2010.
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