S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8225
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced  by  M.  of  A.  P. CARROLL  -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education  law,  in  relation  to  requiring  school
   districts  utilize  all  allotted  funds for universal prekindergarten
   programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3602-e of the education law is amended by adding a
 new subdivision 21 to read as follows:
   21. SCHOOL DISTRICTS SHALL UTILIZE  THE  TOTALITY  OF  THEIR  ALLOTTED
 FUNDS  FROM THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICTS AS "UNIVERSAL
 PREKINDERGARTEN" IN THE SCHOOL AID  COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER  IN  SUPPORT  OF  THE  ENACTED BUDGET FOR SUCH YEAR. SCHOOL
 DISTRICTS SHALL BE EXEMPT FROM THIS REQUIREMENT IF THEY DEMONSTRATE THAT
 PROGRAM UTILIZATION RATES FALL SHORT OF ALLOCATED SLOTS DUE TO  INSUFFI-
 CIENT  DEMAND  FOR  STATE-FUNDED  SLOTS.  THE  BOARD  OF REGENTS AND THE
 COMMISSIONER SHALL BE AUTHORIZED TO ADOPT REGULATIONS TO  IMPLEMENT  THE
 PROVISIONS  OF  THIS  SUBDIVISION.  ANY  SCHOOL  DISTRICT WHICH FAILS TO
 COMPLY WITH THIS SUBDIVISION DURING ANY SCHOOL YEAR SHALL BE SUBJECT  TO
 THE REQUIREMENTS OF SUBDIVISION FIVE OF SECTION TWENTY-ONE HUNDRED TWO-A
 OF  THIS CHAPTER. IF THE REASON FOR LACK OF UTILIZATION IS DUE TO INSUF-
 FICIENT CLASSROOM SPACE, THEN THE SCHOOL DISTRICT SHALL ALSO SET FORTH A
 PLAN TO ADDRESS THE INSUFFICIENT SPACE.
   § 2. Section 3602-ee of the education law is amended by adding  a  new
 subdivision 18 to read as follows:
   18.  FACILITIES  PROVIDING  UNIVERSAL  FULL-DAY PRE-KINDERGARTEN UNDER
 THIS SECTION SHALL UTILIZE THE TOTALITY OF AWARDED FUNDS FOR SUCH  YEAR.
 SUCH  FACILITIES  SHALL  BE  EXEMPT FROM THIS REQUIREMENT IF THEY DEMON-
 STRATE THAT PROGRAM UTILIZATION RATES FALL SHORT OF ALLOCATED SLOTS  DUE
 TO  INSUFFICIENT DEMAND FOR STATE-FUNDED SLOTS. THE BOARD OF REGENTS AND
 THE COMMISSIONER SHALL BE AUTHORIZED TO ADOPT REGULATIONS  TO  IMPLEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10561-01-5
              

 A. 8225                             2
 
 THE  PROVISIONS  OF  THIS  SUBDIVISION. ANY SUCH FACILITY WHICH FAILS TO
 COMPLY WITH THIS SUBDIVISION DURING ANY SCHOOL YEAR SHALL BE SUBJECT  TO
 THE  REQUIREMENTS OF SUBDIVISION SIX OF SECTION TWENTY-ONE HUNDRED TWO-A
 OF  THIS CHAPTER. IF THE REASON FOR LACK OF UTILIZATION IS DUE TO INSUF-
 FICIENT CLASSROOM SPACE, THEN THE SCHOOL DISTRICT SHALL ALSO SET FORTH A
 PLAN TO ADDRESS THE INSUFFICIENT SPACE.
   § 3. Section 2102-a of the education law is amended by adding two  new
 subdivisions 5 and 6 to read as follows:
   5. (A) IN EVERY SCHOOL YEAR WHERE A SCHOOL DISTRICT IS IN VIOLATION OF
 SUBDIVISION TWENTY-ONE OF SECTION THIRTY-SIX HUNDRED TWO-E OF THIS CHAP-
 TER,  EVERY  TRUSTEE  OR  VOTING  MEMBER OF A BOARD OF EDUCATION OF SUCH
 SCHOOL DISTRICT, SHALL, BY APRIL FIRST OF THE SCHOOL YEAR IN  WHICH  THE
 FUNDS WERE UNDERUTILIZED, COMPLETE A MINIMUM OF TWELVE HOURS OF TRAINING
 ON  THE  IMPORTANCE OF EARLY CHILDHOOD EDUCATION, LEARNING, AND DEVELOP-
 MENT. EVERY TRUSTEE OR VOTING MEMBER OF SUCH BOARD  OF  EDUCATION  SHALL
 REPEAT  THIS TRAINING FOR EVERY YEAR IN WHICH SUCH SCHOOL DISTRICT IS IN
 VIOLATION OF SUBDIVISION TWENTY-ONE OF SECTION THIRTY-SIX HUNDRED  TWO-E
 OF THIS CHAPTER.
   (B)  EACH  TRUSTEE OR VOTING MEMBER OF A BOARD OF EDUCATION SUBJECT TO
 THE PROVISIONS OF PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL  DEMONSTRATE
 COMPLIANCE  WITH  THE  REQUIREMENTS OF SUCH PARAGRAPH BY FILING WITH THE
 DISTRICT CLERK A CERTIFICATE OF COMPLETION OF SUCH TRAINING. ACTUAL  AND
 NECESSARY  EXPENSES INCURRED BY A TRUSTEE OR VOTING MEMBER OF A BOARD OF
 EDUCATION IN COMPLYING WITH THE FOREGOING REQUIREMENTS SHALL BE  CHARGED
 AGAINST THE SCHOOL DISTRICT.
   (C)  THE  COMMISSIONER SHALL DEVELOP EARLY CHILDHOOD EDUCATION, LEARN-
 ING, AND DEVELOPMENT TRAINING MATERIALS FOR USE  BY  DISTRICT  OFFICIALS
 PURSUANT TO THIS SUBDIVISION NO LATER THAN THREE MONTHS AFTER THE EFFEC-
 TIVE DATE OF THIS SUBDIVISION. THE TRAINING REQUIRED BY THIS SUBDIVISION
 MAY  BE  OFFERED  BY  ELIGIBLE  AGENCIES  PURSUANT TO SECTION THIRTY-SIX
 HUNDRED TWO-E OF THIS CHAPTER. IN APPROVING OTHER  PROVIDERS  FOR  THESE
 TRAININGS,  THE  COMMISSIONER  SHALL  CONSIDER  THE POTENTIAL PROVIDER'S
 UNDERSTANDING OF THE EDUCATIONAL ENVIRONMENT,  THE  ROLES  OF  TRUSTEES,
 BOARDS OF EDUCATION, AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND
 THE EXPERIENCE OF THE PROVIDER IN DELIVERING SUCH TRAINING.
   6. (A) IN EVERY SCHOOL YEAR WHERE A FACILITY PROVIDING UNIVERSAL FULL-
 DAY  PRE-KINDERGARTEN  UNDER  SECTION  THIRTY-SIX HUNDRED TWO-EE OF THIS
 CHAPTER IS IN VIOLATION OF SUBDIVISION EIGHTEEN  OF  SECTION  THIRTY-SIX
 HUNDRED  TWO-EE  OF  THIS  CHAPTER, EVERY TRUSTEE, BOARD MEMBER OR OTHER
 SIMILARLY SITUATED PERSON OF SUCH FACILITY, SHALL, BY APRIL FIRST OF THE
 SCHOOL YEAR IN WHICH THE FUNDS WERE UNDERUTILIZED, COMPLETE A MINIMUM OF
 TWELVE HOURS OF TRAINING ON THE IMPORTANCE OF EARLY CHILDHOOD EDUCATION,
 LEARNING, AND DEVELOPMENT. EVERY SUCH PERSON SHALL REPEAT THIS  TRAINING
 FOR EVERY YEAR IN WHICH SUCH SCHOOL DISTRICT IS IN VIOLATION OF SUBDIVI-
 SION EIGHTEEN OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS CHAPTER.
   (B)  EACH  TRUSTEE, BOARD MEMBER OR OTHER SIMILARLY SITUATED PERSON OF
 SUCH FACILITY SUBJECT TO THE PROVISIONS OF PARAGRAPH (A) OF THIS  SUBDI-
 VISION  SHALL DEMONSTRATE COMPLIANCE WITH THE REQUIREMENTS OF SUCH PARA-
 GRAPH BY FILING WITH THE DISTRICT CLERK A CERTIFICATE OF  COMPLETION  OF
 SUCH TRAINING. ACTUAL AND NECESSARY EXPENSES INCURRED BY SUCH PERSONS IN
 COMPLYING  WITH  THE FOREGOING REQUIREMENTS SHALL BE CHARGED AGAINST THE
 FACILITY.
   (C) THE COMMISSIONER SHALL DEVELOP EARLY CHILDHOOD  EDUCATION,  LEARN-
 ING,  AND  DEVELOPMENT  TRAINING MATERIALS FOR USE BY DISTRICT OFFICIALS
 PURSUANT TO THIS SUBDIVISION NO LATER THAN THREE MONTHS AFTER THE EFFEC-
 TIVE DATE OF THIS SUBDIVISION. THE TRAINING REQUIRED BY THIS SUBDIVISION
 A. 8225                             3
 
 MAY BE OFFERED BY  ELIGIBLE  AGENCIES  PURSUANT  TO  SECTION  THIRTY-SIX
 HUNDRED  TWO-EE  OF THIS CHAPTER. IN APPROVING OTHER PROVIDERS FOR THESE
 TRAININGS, THE COMMISSIONER  SHALL  CONSIDER  THE  POTENTIAL  PROVIDER'S
 UNDERSTANDING  OF  THE  EDUCATIONAL  ENVIRONMENT, THE ROLES OF TRUSTEES,
 BOARDS OF EDUCATION, AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND
 THE EXPERIENCE OF THE PROVIDER IN DELIVERING SUCH TRAINING.
   § 4. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.