Legislation

Search OpenLegislation Statutes
This entry was published on 2021-04-23
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3602-E
Universal prekindergarten program
Education (EDN) CHAPTER 16, TITLE 5, ARTICLE 73, PART 1
§ 3602-e. Universal prekindergarten program. 1. Definitions. For the
purposes of this section, the following terms shall have the following
meanings:

a. "School district" shall mean all public school districts eligible
for total foundation aid pursuant to subdivision four of section three
thousand six hundred two of this article, such term shall not include
boards of cooperative educational services.

b. "Eligible agencies" shall mean a provider of child care and early
education, a day care provider, early childhood program or center, or
community-based organization, including but not limited to approved
pre-school special education programs, head start, and nursery schools
so long as the standards and qualifications set forth pursuant to
subdivision twelve of this section have been met.

c. "Eligible children" shall mean resident children who are 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.

d. "Pre-kindergarten program plan" shall mean a plan approved by the
board of education or, in the case of a school district having a
population of one million or more, by the community superintendent and
the chancellor that is designed to effectively serve eligible children
directly through the school district or through collaborative efforts
between the school district and an eligible agency or agencies.

e. "Session" shall mean one universal prekindergarten program class
operating pursuant to time, staff ratio and other regulatory
requirements as set forth by the board of regents and the commissioner
for such purpose.

2. The commissioner is hereby authorized and directed to award grants
for the establishment and implementation of a prekindergarten program to
serve eligible children.

5. In any school district, other than the city school district of the
city of New York, that seeks an apportionment pursuant to this section,
the school district shall develop and submit an application pursuant to
the rules and regulations adopted by the board of regents and the
commissioner for such purpose. Such application shall be submitted by a
date and in a form prescribed by the commissioner pursuant to
subdivision eight of this section, including the program elements as
provided for in subdivision seven of this section and shall be
consistent with the plan adopted by the district.

a. If the school district chooses to coordinate proposals for
prekindergarten program services, it shall conduct a competitive process
in accordance with procedures set forth by the commissioner and with the
requirements and regulations set forth in, and pursuant to, subdivisions
seven, eight and twelve of this section.

b. An application developed by coordinating proposals submitted by
eligible agencies pursuant to a competitive process shall ensure
delivery of prekindergarten program services in an effective, efficient
and non-duplicative manner.

c. The results of the competitive process for prekindergarten program
services shall be made public at a regular meeting of the board of
education. An eligible agency may request a written statement from the
board of education stating why the application was not accepted.

d. Notwithstanding any other provision of law, the school districts
shall be authorized to enter any contractual or other arrangements
necessary to implement the district's prekindergarten plan.

e. Not less than ten percent of the total grant award to the school
district shall be set aside for collaborative efforts with eligible
agencies, provided that the commissioner may waive such set aside
requirement based upon documented evidence that the school district was
unable to use the set aside to make a collaborative arrangement that
would meet all requirements of this subdivision because of
unavailability of eligible agencies willing to collaborate or other
factors beyond the control of the school district, or for school
districts which have fully implemented a universal prekindergarten
program by serving all eligible four year olds in the nineteen hundred
ninety-eight--ninety-nine school year and due to parental choice the ten
percent set aside requirement exceeds the total of the district's aid
per kindergarten pupil multiplied by the number of pre-kindergarten
pupils in collaborative programs. In such cases, school districts shall
set aside, for collaborative efforts with eligible agencies, the total
of the district's aid per kindergarten pupil multiplied by the number of
prekindergarten pupils in collaborative programs.

f. Notwithstanding any other provisions of this section to the
contrary, two or more school districts may submit a joint application to
operate a joint universal prekindergarten program. For purposes of
paragraph e of this subdivision and all other provisions of this section
except subdivision ten, all references to a school district shall be
deemed a reference to all school districts participating in such joint
program as if they were a single district. For purposes of subdivision
ten of this section, the grant award for the joint program shall be the
sum of the grant awards computed for each participating district
pursuant to such subdivision ten.

6. In the city school district of the city of New York, if a community
school superintendent seeks to receive an apportionment pursuant to this
section, the community school superintendent shall submit such plan to
the chancellor for adoption, modification or rejection.

a. If the chancellor adopts such plan as submitted or as modified by
the chancellor, the chancellor shall submit an application in accordance
with subdivision five of this section.

b. If the chancellor rejects such plan, he or she shall notify the
community superintendent in writing and shall state the reasons for such
rejection.

The community superintendent may modify and resubmit such application
to the chancellor for adoption.

7. In order to receive approval from the commissioner to implement a
prekindergarten program, applications and proposals shall demonstrate
that the program to be implemented contains, at a minimum, the following
components:

a. provides for an age and developmentally appropriate curriculum and
activities which are learner-centered;

b. provides for an assessment of the development of language,
cognitive and social skills;

c. ensures continuity in the program with instruction in the early
elementary grades;

d. encourages children to be self-assured and independent;

e. encourages the co-location and integration of children with special
needs;

f. utilizes staff who meet the qualifications set forth pursuant to
the rules of the board of regents;

g. provides for strong parental partnerships and involvement in the
implementation of and participation in the plan;

h. provides staff development and teacher training for staff and
teachers in all settings in which prekindergarten services are provided
pursuant to this section; and

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 a school district that operated a targeted
prekindergarten program in the base year may use the selection process
established for such program.

8. Each application for a prekindergarten program pursuant to this
section shall be on a form prescribed by the commissioner and shall
include, but not be limited to:

a. a prekindergarten program plan identifying specific goals,
including how the district will expand its program to assure that all
eligible children may be served, and a proposed timetable for the
implementation and achievement of such goals;

b. a proposed budget and a description of the proposed use of the
grant funds including the mechanism for the distribution of such funds;

c. the local share to be used, as defined by the commissioner, which
may include resources which may be available from the community;

d. the participation and contribution of each of the collaborative
partners; and

e. a description of any costs associated with the administration of
the program.

9. a. Each year, the commissioner shall determine the maximum
allocation that each district would be eligible to receive pursuant to
this section in the following school year based on pupil data on file
with the commissioner on a date prescribed by the commissioner, and
applying the formula specified in subdivision ten of this section. No
later than April thirtieth of the base year, the commissioner shall
notify districts of the maximum allocations they may be eligible for
pursuant to this section in the following school year, and such maximum
allocations shall be deemed final and not subject to change thereafter.

b. The board of regents and the commissioner shall develop criteria
for awarding all grants pursuant to this section. The commissioner shall
give preference to those applications which demonstrate innovative
methods for serving eligible children, are strong collaborative
arrangements which maximize, to the extent possible, the utilization of
existing resources of the school district, eligible agencies and the
community, have an immediate capacity for providing services, and which
can most effectively address the prekindergarten needs of each of the
eligible children.

10. Universal prekindergarten aid. 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
thousand nine school year where such programs operate for a minimum of
ninety 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
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
thousand sixteen--two thousand seventeen school years each school
district shall be eligible for a maximum grant equal to the greater of
(A) the amount set forth for such school district as "UNIVERSAL
PREKINDERGARTEN" 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 (B) the amount set forth for such school district as "UNIVERSAL
PREKINDERGARTEN" 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

(v) for the two thousand seventeen--two thousand eighteen and two
thousand eighteen--two thousand nineteen school years, 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" plus (B) the amount awarded to such
school district for the priority full-day prekindergarten 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 thirteen, provided that
for purposes of calculating the maintenance of effort reduction in
subdivision eleven of this section grant amounts shall be the
four-year-old grant amount, and

(vi) 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" 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 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) plus (C) the amount awarded to such school district for the
expanded prekindergarten program for three and four year-olds for the
two thousand eighteen--two thousand nineteen school year pursuant to
chapter sixty-one of the laws of two thousand fifteen plus (D) the
amount awarded to such school district for the expanded prekindergarten
for three-year-olds in high need districts program for the two thousand
eighteen--two thousand nineteen school year pursuant to chapter
fifty-three of the laws of two thousand sixteen plus (E) the amount
awarded to such school district for the expanded prekindergarten program
for three- and four-year-olds for the two thousand eighteen--two
thousand nineteen school year pursuant to a chapter of the laws of two
thousand seventeen plus (F) the amount awarded to such school district,
subject to an available appropriation, through the pre-kindergarten
expansion grant for the two thousand eighteen--two thousand nineteen
school year, provided that such school district has met all requirements
pursuant to this section and for purposes of calculating the maintenance
of effort reduction in subdivision eleven of this section that such
grant amounts shall be divided into a four-year-old grant amount based
on the amount each district was eligible to receive in the base year to
serve four-year-old prekindergarten pupils and a three-year-old grant
amount based on the amount each district was eligible to receive in the
base year to serve three-year-old pupils, and

(vii) 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 amount set forth for such school district as "UNIVERSAL
PREKINDERGARTEN ALLOCATION" on the computer file produced by the
commissioner in support of the enacted budget for the prior year
excluding amounts subject to section thirty-six hundred two-ee of this
part, 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, and

(viii) for the two thousand twenty-one--two thousand twenty-two school
year and thereafter, 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 ALLOCATION" on the
computer file produced by the commissioner in support of the enacted
budget for the prior year excluding amounts subject to section
thirty-six hundred two-ee of this part and further excluding amounts
paid pursuant to subdivision nineteen of this section plus (B) the
Full-day 4-Year-Old Universal Prekindergarten Expansion added pursuant
to paragraph e of subdivision nineteen of this section, provided that
such school district has met all requirements pursuant to this section
and such grants shall be added into a four-year-old grant amount based
on the amount each district was eligible to receive in the base year to
serve four-year-old prekindergarten pupils, plus (C) the amount awarded
to such school district, subject to an available appropriation, through
the prekindergarten expansion grant for the prior year, provided that
such school district has met all requirements pursuant to this section
and for purposes of calculating the maintenance of effort reduction in
subdivision eleven of this section that such grant amounts shall be
divided into a four-year-old grant amount based on the amount each
district was eligible to receive in the base year to serve four-year-old
prekindergarten pupils and a three-year-old grant amount based on the
amount each district was eligible to receive in the base year to serve
three-year-old pupils, 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 serve the sum of (i)
eligible full-day four-year-old prekindergarten pupils plus (ii)
eligible half-day four-year-old prekindergarten pupils plus (iii)
eligible full-day three-year-old prekindergarten pupils plus (iv)
eligible half-day three-year-old prekindergarten pupils.

b. For purposes of paragraph a of this subdivision:

(i) "Selected aid per prekindergarten pupil" shall equal the greater
of (A) the product of five-tenths and the school 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;

(ii) (1) "Eligible Full-day four-year-old prekindergarten pupils"
shall equal:

For the two thousand seventeen--two thousand eighteen school year the
sum of, from the priority full-day prekindergarten program, (A) the
maximum aidable pupils such district was eligible to serve in the base
year plus (B) the maximum aidable number of half-day prekindergarten
pupils converted into a full-day prekindergarten pupil in the base year;

For the two thousand eighteen--two thousand nineteen school year the
sum of, from the programs pursuant to this section, (A) the maximum
aidable full-day prekindergarten pupils such district was eligible to
serve in the base year plus (B) the maximum aidable number of half-day
prekindergarten pupils converted into full-day prekindergarten pupils in
the base year;

For the two thousand nineteen--two thousand twenty school year the sum
of, from each of (A) the programs pursuant to this section, (B) the
federal preschool development expansion grant, (C) the expanded
prekindergarten program, (D) the expanded prekindergarten program for
three- and four-year-olds, and (E) the prekindergarten expansion grant,
(1) the maximum aidable full-day four-year-old prekindergarten pupils
such district was eligible to serve in the base year, plus (2) the
maximum aidable number of half-day four-year-old prekindergarten pupils
converted into full-day prekindergarten pupils in the base year;

For the two thousand twenty--two thousand twenty-one school year the
sum of, from each of (A) the programs pursuant to this section and (B)
the pre-kindergarten expansion grant, (1) the maximum aidable full-day
four-year-old prekindergarten pupils such district was eligible to serve
in the base year, plus (2) the maximum aidable number of half-day
four-year-old prekindergarten pupils converted into full-day
prekindergarten pupils in the base year;

For the two thousand twenty-one--two thousand twenty-two school year
and thereafter, the sum of, from the programs pursuant to this
subdivision, (1) the maximum aidable full-day four-year-old
prekindergarten pupils such district was eligible to serve in the base
year, plus (2) the maximum aidable number of half-day four-year-old
prekindergarten pupils converted into full-day prekindergarten pupils in
the base year, plus (3) expansion slots added pursuant to paragraph e of
subdivision nineteen of this section.

(2) "Eligible full-day three-year-old prekindergarten pupils" shall
equal:

For the two thousand nineteen--two thousand twenty school year, the
sum of, from each of (A) the expanded prekindergarten program, (B) the
expanded prekindergarten program for three-year-olds, (C) the expanded
prekindergarten program for three- and four-year-olds, and (D) the
prekindergarten expansion grant, (1) the maximum aidable full-day
three-year-old prekindergarten pupils such district was eligible to
serve in the base year, plus (2) the maximum aidable number of half-day
three-year-old prekindergarten pupils converted into full-day
prekindergarten pupils in the base year;

For the two thousand twenty--two thousand twenty-one school year and
thereafter, the sum of, from each of (A) the programs pursuant to this
section, and (B) the prekindergarten expansion grant, (1) the maximum
aidable full-day three-year-old prekindergarten pupils such district was
eligible to serve in the base year, plus (2) the maximum aidable number
of half-day three-year-old prekindergarten pupils converted into
full-day prekindergarten pupils in the base year;

(iii) (1) "Eligible half-day four-year-old prekindergarten pupils"
shall equal:

For the two thousand seventeen--two thousand eighteen school year the
sum of the maximum aidable half-day prekindergarten pupils such district
was eligible to serve for the base year from (A) the program pursuant to
this section plus such pupils from (B) the priority full-day
prekindergarten program, less the maximum aidable number of half-day
prekindergarten pupils converted into full-day prekindergarten pupils
under the priority full-day prekindergarten program for the base year;

For the two thousand eighteen--two thousand nineteen school year, the
maximum aidable half-day prekindergarten pupils such district was
eligible to serve for the base year from the program pursuant to this
section;

For the two thousand nineteen--two thousand twenty school year, the
sum of the maximum aidable half-day four-year-old prekindergarten pupils
such district was eligible to serve for the base year from (A) the
program pursuant to this section plus such pupils from (B) the expanded
prekindergarten program plus such pupils from (C) the expanded
prekindergarten program for three- and four-year-olds plus such pupils
from (D) the prekindergarten expansion grant, less the sum of the
maximum aidable number of half-day four-year-old prekindergarten pupils
converted into full-day four-year-old prekindergarten pupils under each
of (1) the federal preschool expansion grant for the base year plus such
pupils from (2) the expanded prekindergarten program plus such pupils
from (3) the expanded prekindergarten program for three- and
four-year-olds plus such pupils from (4) the prekindergarten expansion
grant for the base year;

For the two thousand twenty--two thousand twenty-one school year and
thereafter, the sum of the maximum aidable half-day four-year-old
prekindergarten pupils such district was eligible to serve for the base
year from (A) the program pursuant to this section plus such pupils from
(B) the pre-kindergarten expansion grant, less the maximum aidable
number of half-day four-year-old prekindergarten pupils converted into
full-day four-year-old prekindergarten pupils under the prekindergarten
expansion grant for the base year;

(2) "Eligible half-day three-year-old prekindergarten pupils" shall
equal:

For the two thousand nineteen--two thousand twenty school year, the
sum of the maximum aidable half-day three-year-old prekindergarten
pupils such district was eligible to serve for the base year from (A)
the expanded prekindergarten program plus such pupils from (B) the
expanded prekindergarten for three-year-olds plus such pupils from (C)
the expanded prekindergarten program for three- and four-year-olds plus
such pupils from (D) the prekindergarten expansion grant, less the sum
of the maximum aidable number of half-day three-year-old prekindergarten
pupils converted into full-day three-year-old prekindergarten pupils
under each of (1) the expanded prekindergarten program plus such pupils
from (2) the expanded prekindergarten for three-year-olds plus such
pupils from (3) the expanded prekindergarten program for three- and
four-year-olds plus such pupils from (4) the prekindergarten expansion
grant for the base year;

For the two thousand twenty--two thousand twenty-one school year and
thereafter, the sum of the maximum aidable half-day three-year-old
prekindergarten pupils such district was eligible to serve for the base
year from (A) the program pursuant to this section plus such pupils from
(B) the prekindergarten expansion grant, less the maximum aidable number
of half-day three-year-old prekindergarten pupils converted into
full-day three-year-old prekindergarten pupils under the prekindergarten
expansion grant for the base year;

(iv) "Unserved four-year-old 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 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;

(v) (1) "Prekindergarten four-year-old maintenance of effort base"
shall mean the number of eligible full-day four-year-old prekindergarten
pupils set forth for the district in this paragraph plus the product of
one half (0.5) multiplied by the number of eligible half-day
four-year-old prekindergarten pupils set forth for the district in this
paragraph;

(2) "Prekindergarten three-year-old maintenance of effort base" shall
mean the number of eligible full-day three-year-old prekindergarten
pupils set forth for the district in this paragraph plus the product of
one half (0.5) multiplied by the number of eligible half-day
three-year-old prekindergarten pupils set forth for the district in this
paragraph;

(vi) (1) "Current year four-year-old 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
less the half-day four-year-old conversion overage;

(2) "Current year three-year-old prekindergarten pupils served" shall
mean the sum of full day three-year-old prekindergarten pupils served in
the current year plus the product of one half (0.5) multiplied by the
half day three-year-old prekindergarten pupils in the current year less
the half-day three-year-old conversion overage;

(vii) (1) "Half-day four-year-old conversion overage" shall equal, for
districts with thirty percent fewer full-day four-year-old
prekindergarten pupils served in the current year than eligible full-day
four-year-old prekindergarten pupils as set forth in this paragraph due
to the conversion of full-day four-year-old prekindergarten pupils
served in the current year to half-day four year-old prekindergarten
pupils served in the current year, the difference of the product of
seven-tenths multiplied by the eligible full-day four-year-old
prekindergarten pupils rounded down to the nearest whole number, less
the number of full-day four-year-old prekindergarten pupils served in
the current year;

(2) "Half-day three-year-old conversion overage" shall equal, for
districts with thirty percent fewer full-day three-year-old
prekindergarten pupils served in the current year than eligible full-day
three-year-old prekindergarten pupils as set forth in paragraph b of
this subdivision due to the conversion of full-day three-year-old
prekindergarten pupils served in the current year to half-day
three-year-old prekindergarten pupils served in the current year, the
difference of the product of seven-tenths multiplied by the eligible
full-day three-year-old prekindergarten pupils rounded down to the
nearest whole number, less the number of full-day three-year-old
prekindergarten pupils served in the current year;

(3) Provided that a district may apply to the commissioner for a
hardship waiver that would allow a district to convert more than thirty
percent of full-day four-year-old prekindergarten pupils served in the
current year to half-day four-year-old prekindergarten pupils served in
the current year or three-year-old prekindergarten pupils served in the
current year to half-day three-year-old prekindergarten pupils served in
the current year and receive funding for such slots. Such waiver shall
be granted upon a demonstration by the school district that due to a
significant change in the resources available to the school district and
absent this hardship waiver, the school district would be unable to
serve such pupils in prekindergarten programs, without causing
significant disruption to other district programming;

(viii) (1) "Maintenance of effort factor for four-year-olds" shall
mean the quotient arrived at when dividing the current year
four-year-old prekindergarten pupils served by the prekindergarten
four-year-old maintenance of effort base;

(2) "Maintenance of effort factor for three-year-olds" shall mean the
quotient arrived at when dividing the current year three-year-old
prekindergarten pupils served by the prekindergarten three-year-old
maintenance of effort base;

(ix) For the purposes of this paragraph:

(A) "Priority full-day prekindergarten program" shall mean the
priority full-day prekindergarten and expanded half-day prekindergarten
grant program for high need students pursuant to chapter fifty-three of
the laws of two thousand thirteen;

(B) "Federal preschool development expansion grant" shall mean the
federal preschool development expansion grant 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);

(C) "Expanded prekindergarten program" shall mean the expanded
prekindergarten program for three- and four-year-olds pursuant to
chapter sixty-one of the laws of two thousand fifteen;

(D) "Expanded prekindergarten for three-year-olds" shall mean the
expanded prekindergarten for three-year-olds in high need districts
program pursuant to chapter fifty-three of the laws of two thousand
sixteen;

(E) "Expanded prekindergarten program for three- and four-year-olds"
shall mean the expanded prekindergarten program for three- and
four-year-olds pursuant to a chapter of the laws of two thousand
seventeen;

(F) "Prekindergarten expansion grant" shall mean the prekindergarten
expansion grant for the two thousand eighteen--two thousand nineteen
school year and thereafter, pursuant to subdivision eighteen of this
section, to the extent such program was available subject to
appropriation, and provided that such school district has met all
requirements pursuant to this section.

c. Notwithstanding any other provision of this section, the total
grant payable pursuant to this section shall equal the lesser of: (i)
the sum of the four-year-old grant amount plus the three-year-old grant
amount computed pursuant to this subdivision for the current year, based
on data on file with the commissioner as of September first of the
school year immediately following or (ii) the total actual grant
expenditures incurred by the school district as approved by the
commissioner.

d. Notwithstanding any other provision of this section, apportionments
under this section greater than the amounts provided in the two thousand
sixteen--two thousand seventeen school year shall only be used to
supplement and not supplant current local expenditures of state or local
funds on prekindergarten programs and the number of eligible full-day
four-year-old prekindergarten pupils and eligible full-day
three-year-old prekindergarten pupils in such programs from such
sources. Current local expenditures shall include any local expenditures
of state or local funds used to supplement or extend services provided
directly or via contract to eligible children enrolled in a universal
prekindergarten program pursuant to this section.

11. Maintenance of effort reduction.

(a) Where a school district's current year four-year-old
prekindergarten pupils served is less than its prekindergarten
four-year-old maintenance of effort base, the school district shall have
its current year four-year-old apportionment equal to the product of the
four-year-old maintenance of effort factor computed in paragraph b of
subdivision ten of this section multiplied by the four-year-old grant
amount it was eligible to receive pursuant to subdivision ten of this
section.

(b) Where a school district's current year three-year-old
prekindergarten pupils served is less than its prekindergarten
three-year-old maintenance of effort base, the school district shall
have its current year three-year-old apportionment equal to the product
of the three-year-old maintenance of effort factor computed in paragraph
b of subdivision ten of this section multiplied by the three-year-old
grant amount it was eligible to receive pursuant to subdivision ten of
this section.

12. The board of regents and the commissioner shall be authorized to
adopt regulations to implement the provisions of this section and which
shall prescribe uniform quality standards for such prekindergarten
programs. In developing such regulations, the board of regents and the
commissioner shall consider and seek to coordinate any regulations which
may currently be applicable to any existing programs or eligible
agencies. In addition, the regents when developing regulations shall
consider and recognize the diversity of settings and models available
for the delivery of prekindergarten programs operated by eligible
agencies in alternative settings, including libraries and community
based organizations, that comply with this section. Such regulations
shall include but not be limited to:

a. minimum qualifications for personnel providing instructional and
other services in prekindergarten programs. In promulgating such
regulations, the commissioner and the board of regents shall take into
account the availability of certified teachers and teaching assistants
to provide instruction in prekindergarten programs and shall consider
ways to increase the pool of qualified personnel;

b. curriculum standards consistent with the New York state
prekindergarten early learning standards to ensure that such programs
have strong instructional content that is integrated with the school
district's instructional program in grades kindergarten through twelve;

c. performance standards for prekindergarten programs, which shall
include procedures for assessing the performance of such programs and
establishing mechanisms for tracking progress of such programs and
reporting such progress to parents of prekindergarten students and the
public;

* d. transitional guidelines and rules which allow a program to meet
the required staff qualifications and any other requirements set forth
pursuant to this section and regulations adopted by the board of regents
and the commissioner;

* NB Effective June 30, 2022

* d-1. guidelines which allow personnel employed by an eligible agency
that is collaborating with a school district to provide prekindergarten
services and licensed by an agency other than the department, to meet
the staff qualifications prescribed by the licensing or registering
agency; provided however, a written plan is established for
prekindergarten teachers to obtain a certificate valid for service in
early childhood grades within five years after commencing employment, or
by June thirtieth, two thousand twenty, whichever is later, provided
that districts must submit a report to the commissioner regarding (i)
barriers to certification, if any, (ii) the number of uncertified
teachers teaching pre-kindergarten in the district, including those
employed by a community-based organization, (iii) how long such teachers
have been employed under transitional guidelines, and (iv) the expected
certification completion date of such teachers; provided further that by
February first, two thousand eighteen, the commissioner shall approve
and submit to the chairs of the assembly ways and means committee and
the senate finance committee and to the director of the budget a report
containing the information pursuant to this paragraph;

* NB Repealed June 30, 2022

* d-2. guidelines which allow personnel employed by an eligible agency
that is collaborating with a school district to provide prekindergarten
services and not licensed or registered by the department or other
agency, to meet the staff qualifications prescribed by such eligible
agency; provided however, a written plan is established for
prekindergarten teachers to obtain a certificate valid for service in
early childhood grades within five years after commencing employment, or
by June thirtieth, two thousand twenty, whichever is later, provided
that districts must submit a report to the commissioner regarding (i)
barriers to certification, if any, (ii) the number of uncertified
teachers teaching pre-kindergarten in the district, including those
employed by a community-based organization, (iii) how long such teachers
have been employed under transitional guidelines, and (iv) the expected
certification completion date of such teachers; provided further that by
February first, two thousand eighteen, the commissioner shall approve
and submit to the chairs of the assembly ways and means committee and
the senate finance committee and to the director of the budget a report
containing the information pursuant to this paragraph;

* NB Repealed June 30, 2022

e. health and safety standards;

f. time requirements which reflect the needs of the individual school
districts for flexibility, but meeting a minimum weekly time
requirement; provided, however, that the minimum weekly time requirement
for full-day programs shall be twenty-five hours, and the weekly minimum
time requirement for half-day programs shall be twelve and one-half
hours;

g. the staff/child ratio;

h. reasonable grounds and basis for the non-acceptance of a proposal
submitted to the school district when the proposal otherwise meets, to
the extent applicable, all the regulations of the commissioner and the
requirements set forth in this subdivision, as well as subdivisions
seven and eight of this section;

i. any other program components, such as health, nutrition or support
services, which the regents deem appropriate and necessary for the
appropriate and effective implementation of a prekindergarten program;

j. a provision for a waiver of any inconsistent provisions of this
section or the regulations implementing this section to allow school
districts that operated a targeted prekindergarten program in the two
thousand six--two thousand seven school year to continue to operate such
program pursuant to the regulations of the commissioner that applied to
targeted prekindergarten programs in such school year; provided that,
notwithstanding any other provision of this section to the contrary, the
amounts allocated to such targeted prekindergarten program from grants
awarded pursuant to this section shall not exceed the amount of targeted
prekindergarten grant funds received by the district for the two
thousand six--two thousand seven school year;

k. a process by which a school district must submit an application;

l. a definition of the approved expenditures for which grant funds may
be used, which shall include but not be limited to transportation
services and lease expense or other appropriate facilities expenses; and

m. a process for the waiver of the time requirements established
pursuant to this subdivision in order to authorize the operation of a
summer universal prekindergarten program limited to the months of July
and August, upon a finding by the commissioner that the school district
is unable to operate the program during the regular school session
because of a lack of available space pursuant to regulations of the
commissioner. Notwithstanding any other provision of this section to the
contrary, such process shall provide for a reduction of the aid per
prekindergarten pupil payable for pupils served pursuant to such waiver
by one one-hundred eightieth of the aid per prekindergarten pupil
determined pursuant to paragraph a of subdivision ten or subparagraph
(i) of paragraph b of subdivision ten-a of this section for each day
less than one hundred eighty days that the summer program is in session.

13. Each school district that has implemented a prekindergarten
program shall on an annual basis report to the board of regents, the
commissioner, parents, teachers and the public on the status of such
program. Such annual report shall include a financial summary of the
approved expenditures of the program, as defined pursuant to paragraph l
of subdivision twelve of this section, setting forth the expenditures
from state, local and other revenue sources, and the district shall
maintain documentation to insure that all grant funds are used for such
approved expenditures.

14. On February fifteenth, two thousand, and annually thereafter, the
commissioner and the board of regents shall include in its annual report
to the legislature and the governor, information on school districts
receiving grants under this section; the amount of each grant; a
description of the program that each grant supports and an assessment by
the commissioner of the extent to which the program meets measurable
outcomes required by the grant program or regulations of such
commissioner; and any other relevant information, which shall include
but not be limited to the following:

a. (i) the total number of students served in state-funded
district-operated prekindergarten programs, (ii) the total number of
students served in state-funded community-based prekindergarten
programs, (iii) the total number of students served in state-funded
half-day prekindergarten programs, and (iv) the total number of students
served in state-funded full-day prekindergarten programs;

b. (i) the total number of students served in state, federal and
locally funded district-operated prekindergarten programs, (ii) the
total number of students served in state, federal and locally funded
community-based prekindergarten programs, (iii) the total number of
students served in state, federal and locally funded half-day
prekindergarten programs, and (iv) the total number of students served
in state, federal and locally funded full-day prekindergarten programs;

c. the total spending on prekindergarten programs from state, federal,
and local sources;

d. the total number of students on a district wait list for a
prekindergarten slot in a state-funded prekindergarten program; and

e. for each program described in subparagraphs (i), (ii), (iii) and
(iv) of paragraph a of this subdivision, and subparagraphs (i), (ii),
(iii) and (iv) of paragraph b of this subdivision, the total number of
students served with disabilities that have an individualized education
plan and, of those, the total number of students requiring any of the
following approved services: special education itinerant services;
special class in an integrated setting; or a special class. Such report
shall also contain any recommendations to improve or otherwise change
the program.

15. The commissioner shall also provide for a system for evaluation
and assessment of the prekindergarten programs which have been
implemented to determine the short and long-term success, outcomes and
effects of the programs based on relevant and measurable performance
standards. The commissioner shall prohibit the administration of
traditional standardized tests, as defined in regulations issued by the
commissioner, in prekindergarten programs; provided, however, that
nothing herein shall prohibit assessments in which students perform
real-world tasks that demonstrate application of knowledge and skills or
assessments that are otherwise required to be administered by federal
law.

16. The grant payable to a school district pursuant to this section in
the current year shall be reduced by one one-hundred eightieth for each
day less than one hundred eighty days that the universal prekindergarten
classes of the district were actually in session, except that the
commissioner may disregard such reduction for any deficiency that may be
disregarded in computing total foundation aid pursuant to subdivision
seven or eight of section thirty-six hundred four of this chapter and in
addition may disregard a reduction for any deficiency that is caused by
a delay in the opening of public school classes due to extraordinarily
adverse weather conditions or other cause cited in such subdivision
seven of section thirty-six hundred four that results in cancellation of
the prekindergarten program or of transportation to such program.

17. Approved quality indicators. A school district receiving funding
pursuant to this section shall agree to adopt approved quality
indicators within two years, including, but not limited to, valid and
reliable measures of environmental quality, the quality of
teacher-student interactions and child outcomes, and ensure that any
such assessment of child outcomes shall not be used to make high-stakes
educational decisions for individual children.

18. Universal prekindergarten expansion grants. a. Subject to
available appropriation, any additional funding for pre-kindergarten in
the two thousand eighteen--two thousand nineteen school year and
thereafter shall be made available for additional grants for
pre-kindergarten programs; provided that such grants shall be awarded to
school districts to establish new full-day and half-day prekindergarten
placements. All school districts shall be eligible to apply for such
grants, which shall be awarded based on factors including, but not
limited to, the following: (i) measures of school district need, (ii)
measures of the need of students to be served by the school district,
(iii) the school district's proposal to target the highest-need schools
and students, (iv) the extent to which the district's proposal would
prioritize funds to maximize the total number of eligible children in
the district served in prekindergarten programs, and (v) proposal
quality.

b. Such grants shall only be available to support programs: (i) that
agree to offer instruction consistent with applicable New York state
prekindergarten early learning standards; and (ii) that otherwise comply
with all of the same rules and requirements as universal prekindergarten
programs pursuant to this section.

c. A school district's grant shall equal the product of: (i) (A) two
multiplied by the approved number of new full-day prekindergarten
placements plus (B) the approved number of half-day prekindergarten
placement conversions and new half-day prekindergarten placements, and
(ii) the district's selected aid per prekindergarten pupil pursuant to
subparagraph (i) of paragraph b of subdivision ten of this section;
provided, however, that no district shall receive a grant in excess of
the total actual grant expenditures incurred by the district in the
current school year as approved by the commissioner.

19. Full-day four-year-old universal prekindergarten expansion. a.
Allocation. For the two thousand twenty-one--two thousand twenty-two
through two-thousand twenty-three--two thousand twenty-four school
years, school districts shall be eligible to receive a grant amount
equal to twice the product of expansion slots multiplied by selected aid
per prekindergarten pupil calculated pursuant to subparagraph i of
paragraph b of subdivision ten of this section for the two thousand
twenty-one--two thousand twenty-two school year, and provided further
that this allocation shall not exceed the total actual full-day
four-year-old universal prekindergarten expansion grant expenditures
incurred by the school district in the current school year as approved
by the commissioner. Grantees awarded funds under this subdivision shall
comply with all of the same rules and requirements as the universal
prekindergarten programs pursuant to this section.

b. Expansion slots. (i) For the two thousand twenty-one--two thousand
twenty-two school year, for eligible school districts, the preliminary
slot count shall be equal to the positive difference of: (1) the product
of three thousand five hundred and four ten-thousandths (0.3504) and
unserved four-year-old prekindergarten pupils calculated pursuant to
subparagraph (iv) of paragraph b of subdivision ten of this section;
less (2) the sum of: (A) full-day four-year-old prekindergarten pupils
served in the two thousand nineteen--two thousand twenty school year
pursuant to this section; plus (B) students served in full-day
prekindergarten programs funded by grants pursuant to section thirty-six
hundred two-ee of this part in the year prior to the base year. If such
preliminary slot count is less than ten, the expansion slots shall be
zero; if such preliminary slot count is greater than or equal to ten but
less than twenty, the expansion slots shall be twenty; for all other
eligible districts, the expansion slots shall equal to the preliminary
slot count.

c. Eligibility. (i) For the two thousand twenty-one--two thousand
twenty-two school year, school districts shall be eligible for this
expansion if: (1) the combined wealth ratio computed pursuant to
subparagraph one of paragraph c of subdivision three of section
thirty-six hundred two of this part is less than two (2.0); and (2) the
quotient arrived at when dividing: (A) the sum of: (1) full-day and
half-day four-year-old prekindergarten pupils served in the two thousand
nineteen--two thousand twenty school year pursuant to this section; plus
(2) students served in full-day prekindergarten programs funded by
grants pursuant to section thirty-six hundred two-ee of this part in the
two thousand nineteen--two thousand twenty school year; divided by (B)
unserved four-year-old prekindergarten pupils calculated pursuant to
subparagraph (iv) of paragraph b of subdivision ten of this section is
less than five tenths (0.50).

d. Maintenance of effort. Where a school district serves fewer
four-year-old prekindergarten pupils in full-day programs funded by the
full-day four-year-old universal prekindergarten expansion pursuant to
this subdivision than the number of expansion slots as defined in
paragraph b of this subdivision, the school district shall have its
current year full-day four-year-old universal prekindergarten expansion
payment reduced to an amount equal to the product of: (i) the full-day
four-year-old universal prekindergarten expansion; multiplied by (ii)
the quotient of four-year-old prekindergarten pupils served in programs
funded by the full-day four-year-old universal prekindergarten expansion
divided by the number of expansion slots. Funds provided pursuant to
this subdivision shall only be used to supplement and not supplant
current local expenditures of state or local funds on prekindergarten
programs.

e. Universal prekindergarten program consolidation. In the event the
director of the budget determines that the available appropriation of
federal funds is insufficient for the allocation pursuant to this
subdivision, the difference between the available appropriation and the
allocation shall be added to universal prekindergarten aid grants
pursuant to subdivision ten of this section. The department shall
determine which and how many grants shall be awarded pursuant to
subdivision ten of this section in lieu of this subdivision provided
that such determination shall be subject to the approval of the director
of the budget. The corresponding number of expansion slots shall also be
added to eligible full-day four-year-old prekindergarten pupils as
defined in subparagraph (ii) of paragraph b of subdivision ten of this
section to ensure continuity of services. Provided that for the two
thousand twenty-four--two thousand twenty-five school year, any full-day
four-year-old universal prekindergarten expansion allocation from the
two thousand twenty-three--two thousand twenty-four school year not
previously added to universal prekindergarten aid grants pursuant to
this paragraph shall be so added, and all expansion slots not previously
added to eligible full-day four-year-old prekindergarten pupils shall
also be added.

f. Future expansions. Within the additional amounts appropriated
therefor in the state budgets enacted for the two thousand
twenty-two--two thousand twenty-three and two thousand twenty-three--two
thousand twenty-four fiscal years, additional grants shall be allocated
pursuant to this subdivision.

g. Notwithstanding any inconsistent provision of law, for the purposes
of determining the prekindergarten allocation on the electronic data
file prepared by the commissioner pursuant to subdivision twenty-one of
section three hundred five of this chapter for the two thousand
twenty-one--two thousand twenty-two through two thousand
twenty-three--two thousand twenty-four school years, the commissioner is
directed to include the grant amounts awarded pursuant to this section
in the amount set forth for such school district as "UNIVERSAL
PRE-KINDERGARTEN."