NY State Senate Bill 2017-S5122

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Mar 08, 2017	referred to education

2017-S5122 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§3602-e, 305 & 3602-ee, Ed L; amd Part CC §2, Chap 56 of 2014
Versions Introduced in 2019-2020 Legislative Session:: S1179

2017-S5122 (ACTIVE) - Summary

Expands universal pre-kindergarten in public schools.

2017-S5122 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5122

 TITLE OF BILL :  An act to amend the education law, in relation to
universal pre-kindergarten aid; and to amend part CC of chapter 56 of
the laws of 2014, amending the education law relating to universal
full-day pre-kindergarten, in relation to providing for the repeal of
such provisions

 PURPOSE OF THE BILL :

This bill consolidates six existing pre-kindergarten programs into a
single Universal Pre-Kindergarten (UPK) program.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 3602-e of the education law to
consolidate pre-kindergarten programs, as their grants expire,
beginning with the 2017-18 school year. Such consolidation shall be
fully phased-in for the 2022-23 school year. Also makes changes to
grant levels and defines 'full-day prekindergarten pupils', 'half-day
prekindergarten pupils', 'current year prekindergarten pupils served',
and 'maintenance of effort factor'.

Section two of the bill makes a proportional maintenance of effort
reduction where a school district serves less pre-kindergarten pupils
than its maintenance of effort.

Section three of the bill makes a technical change that directs SED to
determine the base year level of general support to public schools and
include grant amounts allocated under UPK, where such grants had
previously been allocated by means other than general support for
public schools.

Section four of the bill amends the definitions of 'eligible children'
and 'unserved prekindergarten pupils' to include three year olds.

Section five of the bill amends the teacher certification
implementation from three to five years.

Section six of the bill repeals the statewide full-day
pre-kindergarten program, effective July 1, 2019, after it is
consolidated in the universal pre-kindergarten program.

 JUSTIFICATION :

Currently, $800 million is spent in New York State to fund seven
different pre-kindergarten program, with each program having different
administrative requirements and education curriculum. This causes
confusion and fiscal uncertainty for Pre-K programs operating across
the state. The varying curriculum also leaves children throughout New
York with imbalanced learning, making kindergarten readiness more
unpredictable for teachers. In addition, the number of Pre-K programs
make certification more difficult and undefined for those looking to
enter the occupation or transfer between programs within the state.

By consolidating the programs, we will eliminate much of the confusion
surrounding the implementation and administration of pre-kindergarten.
In addition, the children of New York will receive a uniform
curriculum that better prepares them for the first day of
kindergarten, and gives kindergarten teachers the ability to prepare
coursework, knowing that children have received the same Pre-K
instruction. As a result of these changes, universal Pre-K will truly
be universal to all of the children of New York, regardless of where a
child lives.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS FOR STATE :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5122 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5122
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to universal  pre-kinder-
   garten  aid;  and  to amend part CC of chapter 56 of the laws of 2014,
   amending the education law relating to universal full-day  pre-kinder-
   garten, in relation to providing for the repeal of such provisions
 
   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,  as
 amended  by  section 22 of part B of chapter 57 of the laws of 2008, the
 opening paragraph as amended by section 5 of part A of chapter 54 of the
 laws of 2016, is amended to read as follows:
   10. Universal prekindergarten aid.  A. Notwithstanding  any  provision
 of law to the contrary,
   (I)  for  aid  payable  in  the  two thousand eight--two thousand nine
 school year, the grant to each eligible school  district  for  universal
 prekindergarten aid shall be computed pursuant to this subdivision, and
   (II)  for  the  two  thousand  nine--two thousand ten and two thousand
 ten--two thousand eleven school years, each  school  district  shall  be
 eligible  for  a  maximum  grant  equal  to the amount computed for such
 school district for the base year in the electronic data  file  produced
 by  the  commissioner  in support of the two thousand nine--two thousand
 ten education, labor and family assistance  budget,  provided,  however,
 that  in the case of a district implementing programs for the first time
 or implementing expansion programs in the two thousand eight--two  thou-
 sand nine school year where such programs operate for a minimum of nine-
 ty  days  in  any  one school year as provided in section 151-1.4 of the
 regulations of the commissioner, for the two thousand nine--two thousand
 ten and two thousand ten--two thousand eleven school years, such  school
 district  shall  be  eligible  for  a  maximum grant equal to the amount

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10448-02-7

 S. 5122                             2
 
 computed pursuant to paragraph a of subdivision nine of this section  in
 the two thousand eight--two thousand nine school year, and
   (III)  for  the  two  thousand eleven--two thousand twelve school year
 each school district shall be eligible for a maximum grant equal to  the
 amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
 under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid computer
 listing produced by the commissioner in support of  the  enacted  budget
 for the 2011-12 school year and entitled "SA111-2", and
   (IV)  for two thousand twelve--two thousand thirteen through two thou-
 sand sixteen--two thousand seventeen school years each  school  district
 shall  be eligible for a maximum grant equal to the greater of [(i)] (A)
 the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
 GARTEN"  under  the  heading  "2010-11 BASE YEAR AIDS" in the school aid
 computer listing produced by the commissioner in support of the  enacted
 budget for the 2011-12 school year and entitled "SA111-2", or [(ii)] (B)
 the  amount  set forth for such school district as "UNIVERSAL PREKINDER-
 GARTEN" under the heading "2010-11 BASE YEAR AIDS"  in  the  school  aid
 computer  listing  produced  by  the  commissioner on May fifteenth, two
 thousand eleven pursuant to paragraph b  of  subdivision  twenty-one  of
 section  three  hundred five of this chapter, and [provided further that
 the maximum grant shall not exceed the total actual  grant  expenditures
 incurred  by  the school district in the current school year as approved
 by the commissioner.
   a. Each school district shall be eligible to receive  a  grant  amount
 equal to the sum of (i) its prekindergarten aid base plus (ii) the prod-
 uct  of  its  selected  aid  per prekindergarten pupil multiplied by the
 positive difference, if any of the  number  of  aidable  prekindergarten
 pupils served in the current year, as determined pursuant to regulations
 of the commissioner, less the base aidable prekindergarten pupils calcu-
 lated pursuant to this subdivision for the two thousand seven--two thou-
 sand eight school year, based on data on file for the school aid comput-
 er listing produced by the commissioner in support of the enacted budget
 for  the two thousand seven--two thousand eight school year and entitled
 "SA070-8". Provided, however, that in computing an apportionment  pursu-
 ant to this paragraph, for districts where the number of aidable prekin-
 dergarten  pupils  served is less than the number of unserved prekinder-
 garten pupils, such grant  amount  shall  be  the  lesser  of  such  sum
 computed  pursuant  to this paragraph or the maximum allocation computed
 pursuant to subdivision nine of this section.]
   (V) FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR,
 EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT  AMOUNT  EQUAL
 TO  THE  SUM  OF  (A)  THE  AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
 "UNIVERSAL PREKINDERGARTEN" UNDER THE HEADING "2016-17  ESTIMATED  AIDS"
 IN  THE  SCHOOL  AID  COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN
 SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND
 SEVENTEEN SCHOOL YEAR AND ENTITLED "SA161-7", WHERE, FOR THE PURPOSES OF
 SUCH RUN, THE SELECTED AID PER  FULL-DAY  KINDERGARTEN  PUPIL  SHALL  BE
 COMPUTED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION PLUS (B) THE AMOUNT
 AWARDED  TO SUCH SCHOOL DISTRICT FOR THE PRIORITY FULL-DAY PREKINDERGAR-
 TEN AND EXPANDED HALF-DAY PREKINDERGARTEN GRANT PROGRAM  FOR  HIGH  NEED
 STUDENTS  FOR  THE  TWO  THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
 YEAR PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS OF TWO  THOUSAND  FOUR-
 TEEN,  PLUS  (C)  THE  AMOUNT  SET FORTH FOR SUCH SCHOOL DISTRICT IN THE
 SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
 THE  REGENTS PROPOSAL FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH-
 TEEN SCHOOL YEAR AND ENTITLED "PREK1-7", AND

 S. 5122                             3
 
   (VI) FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR,
 EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT  AMOUNT  EQUAL
 TO  THE  SUM  OF  (A)  THE  AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
 "UNIVERSAL PREKINDERGARTEN" FOR THE  CURRENT  YEAR  IN  THE  SCHOOL  AID
 COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
 BUDGET FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
 PLUS (B) THE AMOUNT AWARDED TO SUCH  SCHOOL  DISTRICT  FOR  THE  FEDERAL
 PRESCHOOL  DEVELOPMENT  EXPANSION GRANT FOR THE TWO THOUSAND SEVENTEEN--
 TWO THOUSAND EIGHTEEN SCHOOL YEAR PURSUANT TO THE AMERICAN RECOVERY  AND
 REINVESTMENT ACT OF 2009 (ARRA), SECTIONS 14005, 14006, AND 14013, TITLE
 XIV, (PUBLIC LAW 112-10), AS AMENDED BY SECTION 1832(B) OF DIVISION B OF
 THE  DEPARTMENT  OF DEFENSE AND FULL-YEAR CONTINUING APPROPRIATIONS ACT,
 2011 (PUB. L. 112-10), AND THE DEPARTMENT  OF  EDUCATION  APPROPRIATIONS
 ACT,  2012  (TITLE  III  DIVISION F OF PUB. L.  112-74, THE CONSOLIDATED
 APPROPRIATIONS ACT, 2012), AND
   (VII) FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL  YEAR,
 EACH  SCHOOL  DISTRICT SHALL BE ELIGIBLE TO RECEIVE A GRANT AMOUNT EQUAL
 TO THE SUM OF (A) THE AMOUNT SET  FORTH  FOR  SUCH  SCHOOL  DISTRICT  AS
 "UNIVERSAL  PREKINDERGARTEN"  FOR  THE  CURRENT  YEAR  IN THE SCHOOL AID
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
 BUDGET  FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR
 PLUS (B) THE AMOUNT AWARDED TO SUCH SCHOOL DISTRICT  FOR  THE  STATEWIDE
 FULL-DAY  PREKINDERGARTEN  PROGRAM  FOR  THE  TWO THOUSAND EIGHTEEN--TWO
 THOUSAND NINETEEN SCHOOL YEAR PURSUANT  TO  SECTION  THIRTY-SIX  HUNDRED
 TWO-EE OF THIS PART, AND
   (VIII)  FOR  THE  TWO  THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
 YEAR, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A  GRANT  AMOUNT
 EQUAL TO THE SUM OF (A) THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
 "UNIVERSAL  PREKINDERGARTEN"  FOR  THE  CURRENT  YEAR  IN THE SCHOOL AID
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
 BUDGET  FOR  THE  TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR
 PLUS (B) THE AMOUNT AWARDED TO SUCH SCHOOL  DISTRICT  FOR  THE  EXPANDED
 PREKINDERGARTEN  PROGRAM  FOR THREE AND FOUR YEAR-OLDS FOR THE TWO THOU-
 SAND NINETEEN--TWO THOUSAND  TWENTY  SCHOOL  YEAR  PURSUANT  TO  CHAPTER
 SIXTY-ONE OF THE LAWS OF TWO THOUSAND FIFTEEN, AND
   (IX)  FOR  THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL
 YEAR, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A  GRANT  AMOUNT
 EQUAL TO THE SUM OF (A) THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
 "UNIVERSAL  PREKINDERGARTEN"  FOR  THE  CURRENT  YEAR  IN THE SCHOOL AID
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
 BUDGET  FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR
 PLUS (B) THE AMOUNT AWARDED TO SUCH SCHOOL  DISTRICT  FOR  THE  EXPANDED
 PREKINDERGARTEN  FOR  THREE YEAR-OLDS IN HIGH NEED DISTRICTS PROGRAM FOR
 THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR PURSUANT TO
 CHAPTER FIFTY-THREE OF THE LAWS OF TWO THOUSAND SIXTEEN, AND
   (X) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE  SCHOOL
 YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
 GRANT  AMOUNT  EQUAL TO THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
 "UNIVERSAL PREKINDERGARTEN" FOR THE  CURRENT  YEAR  IN  THE  SCHOOL  AID
 COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
 BUDGET FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL
 YEAR.
   b. For purposes of paragraph a of this subdivision:
   (i)  "Selected  aid  per  prekindergarten pupil", FOR THE TWO THOUSAND
 SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFTER shall  equal
 the  greater  of  (A)  the  [product  of  five-tenths  and  the]  school

 S. 5122                             4
 
 district's selected foundation aid for the current year, or (B) [the aid
 per prekindergarten pupil calculated pursuant to  this  subdivision  for
 the  two  thousand  six-two thousand seven school year, based on data on
 file for the school aid computer listing produced by the commissioner in
 support  of  the  enacted  budget for the two thousand six--two thousand
 seven school year and entitled "SA060-7"; provided, however, that in the
 two thousand  eight--two  thousand  nine  school  year,  a  city  school
 district  in  a  city  having a population of one million inhabitants or
 more shall not be eligible  to  select  aid  per  prekindergarten  pupil
 pursuant to clause (A) of this subparagraph] TEN THOUSAND DOLLARS;
   (ii)  ["Base aidable prekindergarten pupils". "Base aidable prekinder-
 garten pupils" shall equal the sum of the base  aidable  prekindergarten
 pupils  calculated pursuant to this subdivision for the base year, based
 on data on file for the school aid  computer  listing  produced  by  the
 commissioner  in  support  of the enacted budget for the base year, plus
 the additional aidable prekindergarten  pupils  calculated  pursuant  to
 this subdivision for the base year, based on data on file for the school
 aid  computer  listing  produced  by  the commissioner in support of the
 enacted budget for the  base  year]  "FULL-DAY  PREKINDERGARTEN  PUPILS"
 SHALL  EQUAL  THE  MAXIMUM  AIDABLE  FULL-DAY PREKINDERGARTEN PUPILS AND
 CONVERSION PUPILS IN THE BASE YEAR IN ANY PROGRAM ELIGIBLE FOR UNIVERSAL
 PREKINDERGARTEN FUNDING IN THE CURRENT YEAR;
   (iii) "HALF-DAY PREKINDERGARTEN PUPILS" SHALL EQUAL  (A)  THE  MAXIMUM
 AIDABLE  HALF-DAY  PREKINDERGARTEN  PUPILS  AND CONVERSION PUPILS IN THE
 BASE YEAR IN ANY PROGRAM ELIGIBLE FOR UNIVERSAL PREKINDERGARTEN  FUNDING
 IN  THE  CURRENT  YEAR  MINUS (B) THE NUMBER OF HALF-DAY PREKINDERGARTEN
 PUPILS CONVERTED INTO FULL-DAY PREKINDERGARTEN PUPILS UNDER ANY  PROGRAM
 ELIGIBLE FOR UNIVERSAL PREKINDERGARTEN FUNDING IN THE CURRENT YEAR;
   (IV)  "BASE YEAR PREKINDERGARTEN MAINTENANCE OF EFFORT" SHALL MEAN THE
 SUM OF MAXIMUM AIDABLE FULL DAY FOUR YEAR-OLD PREKINDERGARTEN PUPILS  IN
 THE BASE YEAR PLUS THE PRODUCT OF ONE HALF (0.5) MULTIPLIED BY THE MAXI-
 MUM  AIDABLE  HALF  DAY FOUR YEAR-OLD PREKINDERGARTEN PUPILS IN THE BASE
 YEAR, PROVIDED THAT THREE  YEAR-OLD  PUPILS  PREVIOUSLY  SERVED  IN  ANY
 PROGRAM SHALL NOT BE CONSIDERED FOR ANY MAINTENANCE EFFORT;
   (V) "CURRENT YEAR PREKINDERGARTEN PUPILS SERVED" SHALL MEAN THE SUM OF
 FULL-DAY FOUR YEAR-OLD PREKINDERGARTEN PUPILS SERVED IN THE CURRENT YEAR
 PLUS THE PRODUCT OF ONE HALF (0.5) MULTIPLIED BY THE HALF-DAY FOUR YEAR-
 OLD PREKINDERGARTEN PUPILS IN THE CURRENT YEAR;
   (VI) "MAINTENANCE OF EFFORT FACTOR" SHALL MEAN THE QUOTIENT ARRIVED AT
 WHEN DIVIDING THE CURRENT YEAR PREKINDERGARTEN PUPILS SERVED BY THE BASE
 YEAR PREKINDERGARTEN MAINTENANCE OF EFFORT;
   (VII)  "Unserved  prekindergarten  pupils"  shall  mean the product of
 eighty-five percent multiplied  by  the  positive  difference,  if  any,
 between the sum of the public school enrollment and the nonpublic school
 enrollment  of  children  attending  full  day and half day kindergarten
 programs in the district in the year prior to the  base  year  less  the
 number  of  resident children who attain the age of THREE OR four before
 December first of the base year, who were served during such school year
 by a prekindergarten program approved  pursuant  to  section  forty-four
 hundred  ten  of this chapter, where such services are provided for more
 than four hours per day[;
   (iv) "Additional aidable prekindergarten pupils". For the two thousand
 seven--two thousand eight through two thousand eight--two thousand  nine
 school  years,  "additional  aidable prekindergarten pupils" shall equal
 the product of (A) the positive difference,  if  any,  of  the  unserved

 S. 5122                             5

 prekindergarten  pupils  less  the  base  aidable prekindergarten pupils
 multiplied by (B) the prekindergarten phase-in factor;
   (v)  the  "prekindergarten aid base" shall mean the sum of the amounts
 the school district received for  the  two  thousand  six--two  thousand
 seven  school  year  for grants awarded pursuant to this section and for
 targeted prekindergarten grants;
   (vi) The "prekindergarten  phase-in  factor".  For  the  two  thousand
 eight--two  thousand  nine  school  year,  the  prekindergarten phase-in
 factor shall equal the positive difference, if any, of  the  pupil  need
 index computed pursuant to subparagraph three of paragraph a of subdivi-
 sion  four  of  section  thirty-six  hundred  two of this part less one,
 provided, however, that: (A) for any  district  where  (1)  the  maximum
 allocation computed pursuant to subdivision nine of this section for the
 base  year is greater than zero and (2) the amount allocated pursuant to
 this subdivision for the base year, based on data on file for the school
 aid computer listing produced by the commissioner on February  fifteenth
 of  the  base year, pursuant to paragraph b of subdivision twenty-one of
 section three hundred five of this chapter, is greater than the positive
 difference, if any, of such maximum allocation for the  base  year  less
 twenty-seven  hundred,  the  prekindergarten  phase-in  factor shall not
 exceed eighteen percent, and shall not be less than ten percent, and (B)
 for any district not subject to the provisions of  clause  (A)  of  this
 subparagraph where (1) the amount allocated pursuant to this subdivision
 for  the base year is equal to zero or (2) the amount allocated pursuant
 to this section for the base year, based on data on file for the  school
 aid  computer listing produced by the commissioner on February fifteenth
 of the base year, pursuant to paragraph b of subdivision  twenty-one  of
 section three hundred five of this chapter, is less than or equal to the
 amount allocated pursuant to this section for the year prior to the base
 year, based on data on file for the school aid computer listing produced
 by  the commissioner on February fifteenth of the base year, pursuant to
 paragraph b of subdivision twenty-one of section three hundred  five  of
 this  chapter, the prekindergarten phase-in factor shall equal zero, and
 (C) for any district not subject to the provisions of clause (A) or  (B)
 of  this  subparagraph,  the  prekindergarten  phase-in factor shall not
 exceed thirteen percent, and shall not be less than seven percent;
   (vii) "Base year" shall mean the base  year  as  defined  pursuant  to
 subdivision one of section thirty-six hundred two of this part].
   c.  Notwithstanding  any  other  provision  of this section, the total
 grant payable pursuant to this section shall equal the  lesser  of:  (i)
 the  total  grant  amounts computed pursuant to this subdivision for the
 current year, based on data on file with the commissioner as of  Septem-
 ber  first of the school year immediately following LESS THE MAINTENANCE
 OF EFFORT REDUCTION PURSUANT TO SUBDIVISION ELEVEN OF  THIS  SECTION  or
 (ii) the total actual grant expenditures incurred by the school district
 as approved by the commissioner.
   § 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 the lesser of the children served in the two thousand ten--two
 thousand eleven school year or its base aidable  prekindergarten  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 in the current year or in the succeeding

 S. 5122                             6

 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.  Expenses  incurred  by  the school district in
 implementing a pre-kindergarten program plan pursuant to  this  subdivi-
 sion  shall  be  deemed  ordinary  contingent  expenses.] MAINTENANCE OF
 EFFORT REDUCTION. WHERE A SCHOOL DISTRICT'S CURRENT YEAR PREKINDERGARTEN
 PUPILS SERVED IS LESS THAN ITS BASE YEAR PREKINDERGARTEN MAINTENANCE  OF
 EFFORT,  THE  SCHOOL  DISTRICT SHALL HAVE ITS CURRENT YEAR APPORTIONMENT
 REDUCED BY THE PRODUCT OF THE MAINTENANCE OF EFFORT FACTOR  COMPUTED  IN
 PARAGRAPH  B  OF SUBDIVISION TEN OF THIS SECTION MULTIPLIED BY THE GRANT
 AMOUNT IT WAS ELIGIBLE TO RECEIVE IN THE CURRENT YEAR PURSUANT TO  PARA-
 GRAPH A OF SUBDIVISION TEN OF THIS SECTION.
   §  3. Subdivision 21 of section 305 of the education law is amended by
 adding a new paragraph d to read as follows:
   D. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
 FOR  THE  PURPOSES OF DETERMINING THE BASE YEAR LEVEL OF GENERAL SUPPORT
 FOR PUBLIC SCHOOLS PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION  FOR  THE
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN THROUGH TWO THOUSAND TWEN-
 TY-ONE--TWO  THOUSAND  TWENTY-TWO  SCHOOL  YEARS,  THE  COMMISSIONER  IS
 DIRECTED TO INCLUDE THE GRANT AMOUNTS ALLOCATED PURSUANT TO  SUBDIVISION
 TEN  OF  SECTION  THIRTY-SIX  HUNDRED  TWO-E  OF THIS CHAPTER WHERE SUCH
 GRANTS HAD PREVIOUSLY BEEN ALLOCATED TO DISTRICTS BY  MEANS  OTHER  THAN
 GENERAL  SUPPORT  FOR PUBLIC SCHOOLS, PROVIDED THAT, NOTWITHSTANDING ANY
 PROVISION OF LAW TO THE CONTRARY, SUCH BASE YEAR GRANT AMOUNTS SHALL NOT
 BE INCLUDED IN: (1) THE ALLOWABLE GROWTH  AMOUNT  COMPUTED  PURSUANT  TO
 PARAGRAPH  DD  OF  SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS CHAPTER, (2) THE PRELIMINARY GROWTH  AMOUNT  COMPUTED  PURSUANT  TO
 PARAGRAPH  FF  OF  SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS CHAPTER, AND (3) THE ALLOCABLE GROWTH AMOUNT COMPUTED  PURSUANT  TO
 PARAGRAPH  GG  OF  SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS CHAPTER, AND SHALL NOT BE CONSIDERED, AND SHALL  NOT  BE  AVAILABLE
 FOR INTERCHANGE WITH, GENERAL SUPPORT FOR PUBLIC SCHOOLS.
   §  4.  Paragraph c of subdivision 1 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:
   c.  "Eligible  children" shall mean resident children who are THREE OR
 four years of age on or before December first of the year in which  they
 are  enrolled  or  who  will otherwise be first eligible to enter public
 school kindergarten commencing with the following school year.
   § 5. Subparagraphs (i) and (ii) of paragraph c  of  subdivision  8  of
 section  3602-ee  of the education law, as added by section 1 of part CC
 of chapter 56 of the laws of 2014, are amended to read as follows:
   (i) for teachers hired on or after the effective date of this  section
 as  the  teacher  for  a  universal full-day pre-kindergarten classroom,
 within [three] FIVE years after commencing  employment,  at  which  time
 such certification shall be required for employment; and
   (ii)  for  teachers hired by such provider prior to the effective date
 of this section for other early childhood care and  education  programs,
 no  later  than  June  thirtieth,  two thousand [seventeen] NINETEEN, at
 which time such certification shall be required for employment.
   § 6. Section 2 of part CC of chapter 56 of the laws of 2014,  amending
 the  education  law  relating to universal full-day pre-kindergarten, is
 amended to read as follows:
   § 2. This act shall take effect immediately, AND SHALL EXPIRE  AND  BE
 DEEMED REPEALED JULY 1, 2019.

 S. 5122                             7
 
   §  7. This act shall take effect immediately, provided that the amend-
 ments to section 3602-ee of the education law, made by section  five  of
 this  act,  shall  not affect the expiration and repeal of such section,
 and shall expire and be deemed repealed therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S5122

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2017-S5122 (ACTIVE) - Details

2017-S5122 (ACTIVE) - Summary

2017-S5122 (ACTIVE) - Sponsor Memo

2017-S5122 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2017-S5122

Senate Bill S5122

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2017-S5122 (ACTIVE) - Details

2017-S5122 (ACTIVE) - Summary

2017-S5122 (ACTIVE) - Sponsor Memo

2017-S5122 (ACTIVE) - Bill Text download pdf

Comments