S T A T E O F N E W Y O R K
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4867--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 11, 2013
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education -- recommitted to the Committee on Education in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 10-b of part A of chapter 57 of the laws of 2012, 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 the lesser of the children served in the two
thousand ten--two thousand eleven school year or its base aidable [prek-
indergarten] PRE-KINDERGARTEN pupils computed for the two thousand
seven--two thousand eight school year, the school district shall have
its apportionment reduced in an amount proportional to such deficiency
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02857-03-4
A. 4867--A 2
in the current year or in the succeeding school year, as determined by
the commissioner, except such reduction shall not apply to school
districts which have fully implemented a universal pre-kindergarten
program by making such program available to all eligible children. SUCH
REDUCTION SHALL NOT APPLY TO DISTRICTS THAT REDUCE THE NUMBER OF AVAIL-
ABLE 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-kindergarten
program plan pursuant to this subdivision shall be deemed ordinary
contingent expenses.
S 3. This act shall take effect July 1, 2015.