Authorizes a weighted selection process prioritizing children who would be eligible to receive free or reduced price lunch and/or who are emergent multilingual learners for the allocation of certain prekindergarten seats in school districts where there are more eligible children than can be served in a given school year.
S T A T E O F N E W Y O R K
________________________________________________________________________
8395
2025-2026 Regular Sessions
I N A S S E M B L Y
May 13, 2025
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to authorizing a weighted
selection process for the allocation of certain prekindergarten seats
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph i of subdivision 7 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:
i. establishes a method for selection of eligible children to receive
prekindergarten program services on a random selection basis where there
are more eligible children than can be served in a given school year,
provided, however, THAT IN A SCHOOL DISTRICT WHERE THERE ARE MORE ELIGI-
BLE CHILDREN THAN CAN BE SERVED IN A GIVEN SCHOOL YEAR THAT SUCH SCHOOL
DISTRICT ELECT TO FIRST ENROLL CHILDREN WHO WOULD BE ELIGIBLE FOR FREE
OR REDUCED PRICE LUNCH AND/OR CHILDREN WHO ARE EMERGENT MULTILINGUAL
LEARNERS. IF A DISTRICT ELECTS TO PRIORITIZE ENROLLMENT OF CHILDREN WHO
ARE ELIGIBLE FOR FREE OR REDUCED PRICE LUNCH AND/OR CHILDREN WHO ARE
EMERGENT MULTILINGUAL LEARNERS AND THERE ARE MORE SUCH ELIGIBLE CHILDREN
THAN CAN BE SERVED IN A GIVEN SCHOOL YEAR, SUCH SCHOOL DISTRICT SHALL
ESTABLISH A METHOD FOR SELECTION AMONG SUCH ELIGIBLE CHILDREN ON A
RANDOM BASIS, AND PROVIDED FURTHER that a school district that operated
a targeted prekindergarten program in the base year may use the
selection process established for such program.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03514-01-5
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