NY State Senate Bill 2025-S6126

Senate Bill S6126

2025-2026 Legislative Session

Requires school districts and other facilities providing universal prekindergarten programs utilize all allotted funds for universal prekindergarten programs

download bill text pdf

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2025	referred to education

2025-S6126 (ACTIVE) - Details

See Assembly Version of this Bill:: A8225
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§3602-e, 3602-ee & 2102-a, Ed L

2025-S6126 (ACTIVE) - Summary

Requires school districts and other facilities providing universal prekindergarten programs utilize all allotted funds for universal prekindergarten programs.

2025-S6126 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6126

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring school
districts utilize all allotted funds for universal prekindergarten
programs

 
PURPOSE:

To incentive and require schools to utilize all State funding for their
UPK programming

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 3602-e of the education law by adding a new
subdivision 21. States that schools must utilize the totality of their
allotted UPK funds set forth in the budget. Exemptions apply if there is
insufficient demand for state-funded slots. If underutilization is due
to a lack of classroom space, the district must develop a plan to
address the issue. The Board of Regents and the Commissioner have the

authority to adopt regulations to enforce these requirements.

Section 2: Amends section 3602-ee of the education law by adding a new
subdivision 18. States that schools that provide universal full-day UPK
shall utilize the totality of awarded funds for such year.  Exemptions
apply if there is insufficient demand for state-funded slots. If underu-
tilization is due to a lack of classroom space, the district must devel-
op a plan to address the issue. The Board of Regents and the Commission-
er have the authority to adopt regulations to enforce these
requirements. Any such facility that fails to comply with this subdivi-
sion during any school year shall be subject to the requirements of
subdivision six of section twenty-one hundred two-a of this chapter.

Section 3: Amends section 2102-a of the education law by adding two new
subdivisions 5 and 6. In school districts that fail to fully utilize
their UPK funds and do not receive an exemption, every trustee or voting
member of a board of education 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, learn-
ing, and development.

Section 4: Sets effective date.

 
JUSTIFICATION:

This bill is a critical step toward ensuring that every four-year-old in
New York State has access to pre-k. From 2014-2021, Universal Pre-K
(UPK) funding was distributed disproportionately, with New York City
receiving a dedicated stream of funding to provide UPK while the rest of
the state was left out in exchange for temporary property tax relief
checks. This created a significant geographical inequity in early child-
hood education, disadvantaging children outside of the five boroughs. In
2021, a long-overdue shift in policy secured $230 million for UPK expan-
sion beyond New York City, with a commitment to fully phase in the
program statewide over the following years.


Since 2021, it has become clear that some school districts are not
utilizing the totality of the UPK funding allocated to them in the State
budget, and returning allocated funds to the State. Now, it is crucial
that the State ensures these funds are actually used for their intended
purpose-providing high-quality pre-k opportunities for every child-rath-
er than being left on the table.

The benefits of early childhood education are undeniable. Studies show
that children who attend pre-k have higher high school graduation rates,
increased college attendance, and better long-term economic outcomes.
With childcare costs soaring, ensuring full access to UPK helps provide
families with much-needed financial relief. By requiring school
districts and facilities to fully utilize their allocated funds, this
bill ensures that taxpayer money is put to work, families receive the
support they need, and children across the state get a strong start in
their education.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6126 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6126
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  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

 S. 6126                             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
 S. 6126                             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.

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