S T A T E O F N E W Y O R K
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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.