N.Y. Educ. Law § 3602-E

Current through 2024 NY Law Chapter 443

Section 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.

3.[Repealed effective 12/30/2026] Beginning in the two thousand twenty-three--two thousand twenty-four school year, all school districts shall annually report to the commissioner:

(i) the number of four-year-old prekindergarten students the district intends to serve in full-day and half-day slots in district-operated prekindergarten programs in the current school year;

(ii) the number of four-year-old prekindergarten students the district intends to serve in full-day and half-day slots in prekindergarten programs operated by community-based organizations in the current school year;

(iii) the number of four-year-old prekindergarten students in the current school year the district is unable to serve due to a lack of capacity;

(iv) the reason for the lack of capacity, including the availability of appropriate space, facilities, and staff; and

(v) any other information available to districts and determined by the commissioner to be necessary to accurately estimate the unmet demand for four-year-old prekindergarten programs within a district. School districts that are eligible to receive an apportionment under this section or section thirty-six hundred two- ee of this part but have not claimed the full apportionment shall include in the report to the commissioner information on barriers to implementing new or expanding existing universal prekindergarten programs despite available funding. Such report shall be due on or before September first of each year and shall be collected as part of the application submitted pursuant to subdivision five of this section. Beginning November first, two thousand twenty-three, the commissioner shall annually submit a report to the governor, the temporary president of the senate, and the speaker of the assembly on the information reported by districts.

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 , 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, 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

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 threeand 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 fouryear-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 , 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.

For the two thousand twenty-two--two thousand twenty-three 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 calculated pursuant to subdivision twenty 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 local funds on prekindergarten programs and the number of eligible full-day four-year-old prekindergarten pupils and eligible full-day threeyear-old prekindergarten pupils in such programs from such sources. Current local expenditures shall include any local expenditures of 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; provided that such guidelines include an annual process by which a district may apply to the commissioner by September first of the current school year for a waiver that would 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, further, that the commissioner shall annually submit a report by November first to the chairperson of the assembly ways and means committee, the chairperson of the senate finance committee and the director of the budget which shall include but not be limited to the following:

(a) a listing of the school districts receiving a waiver pursuant to this paragraph from the commissioner for the current school year;

(b) the number and proportion of students within each district receiving a waiver pursuant to this paragraph for the current school year that are receiving instruction from 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; and

(c) the number and proportion of total prekindergarten personnel for each school district that are providing instructional services pursuant to this paragraph that are 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.

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 districtoperated 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 statefunded 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 realworld 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."

20. Universal prekindergarten expansions.

a. Two thousand twenty-two--two thousand twenty-three school year.

(i) The universal prekindergarten expansion for the two thousand twenty-two--two thousand twenty-three school year shall be equal to twice the product of (1) expansion slots multiplied by (2) selected aid per prekindergarten pupil calculated pursuant to subparagraph (i) of paragraph b of subdivision ten of this section for the two thousand twenty-two--two thousand twenty-three school year.

(ii) For purposes of this paragraph, "expansion slots" shall be slots for new full-day four-year-old prekindergarten pupils for purposes of subparagraph (ii) of paragraph b of subdivision of this section. Expansion slots shall be equal to the positive difference, if any, of (1) the product of fifty-nine hundred and nineteen ten thousandths (0.5919) multiplied by unserved four-year-old prekindergarten pupils as defined in subparagraph (iv) of paragraph b of subdivision ten of this section less (2) the eligible four-year old students. If such expansion slots are greater than or equal to ten but less than twenty, the expansion slots shall be twenty; if such expansion slots are less than ten, the expansion slots shall be zero; and for a city school district in a city having a population of one million or more, the expansion slots shall be zero.

(iii) For purposes of this paragraph, "eligible four-year old students" shall be equal to the sum of (1) eligible full-day four-yearold prekindergarten pupils as defined in subparagraph (ii) of paragraph b of subdivision ten of this section for the base year plus (2) the product of five tenths (0.5) and the eligible half-day four-year-old prekindergarten pupils as defined in subparagraph (ii) of paragraph b of subdivision ten of this section for the base year, plus (3) the maximum number of students that may be served by uncertified classroom teachers in full-day prekindergarten programs funded by grants pursuant to section thirty-six hundred two- ee of this part in the base year, plus (4) expansion slots for the base year pursuant to subdivision nineteen of this section.

b. Two thousand twenty-three--two thousand twenty-four school year.

(i) The universal prekindergarten expansion for the two thousand twenty-three--two thousand twenty-four school year shall be equal to twice the product of (1) expansion slots multiplied by (2) selected aid per prekindergarten pupil calculated pursuant to subparagraph (i) of paragraph b of subdivision ten of this section for the two thousand twenty-three--two thousand twenty-four school year.

(ii) For purposes of this paragraph, "expansion slots" shall be slots for new full-day four-year-old prekindergarten pupils for purposes of subparagraph (ii) of paragraph b of subdivision ten of this section. Expansion slots shall be equal to the positive difference, if any, of (1) the product of eight hundred ninety-seven thousandths (0.897) multiplied by unserved four-year-old prekindergarten pupils as defined in subparagraph (iv) of paragraph b of subdivision ten of this section less (2) the sum of four-year-old students served plus the underserved count. If such expansion slots are greater than or equal to ten but less than twenty, the expansion slots shall be twenty; if such expansion slots are less than ten, the expansion slots shall be zero; and for a city school district in a city having a population of one million or more, the expansion slots shall be zero.

(iii) For purposes of this paragraph, "four-year-old students served" shall be equal to the sum of (1) the number of four-year-old students served in full-day and half-day settings in a state funded program which must meet the requirements of this section as reported to the department for the two thousand twenty-one--two thousand twenty-two school year, plus (2) the number of four-year-old students served in full-day settings in a state funded program which must meet the requirements of section thirty-six hundred two- ee of this part and for which grants were awarded prior to the two thousand twenty--two thousand twenty-one school year, plus (3) the number of expansion slots allocated pursuant to paragraph b of subdivision nineteen of this section, plus (4) the number of expansion slots allocated pursuant to paragraph a of this subdivision, plus (5) the maximum number of students that may be served in full-day prekindergarten programs funded by grants which must meet the requirements of section thirty-six hundred two- ee of this part for grants awarded in the two thousand twenty-one--two thousand twenty-two or two thousand twenty-two--two thousand twenty-three school year.

(iv) For purposes of this paragraph, the underserved count shall be equal to the positive difference, if any, of (1) the sum of (a) eligible full-day four-year-old prekindergarten pupils as defined in subparagraph (ii) of paragraph b of subdivision ten of this section for the two thousand twenty-one--two thousand twenty-two school year, plus (b) the product of five-tenths (0.5) and the eligible half-day four-year-old prekindergarten pupils as defined in subparagraph (iii) of paragraph b of subdivision ten of this section for the two thousand twenty-one--two thousand twenty-two school year, less (2) the positive difference of (a) the number of four-year-old students served in full-day and half-day settings in a state-funded program which must meet the requirements of this section as reported to the department for the two thousand twenty-one--two thousand twenty-two school year, with students served in half-day settings multiplied by five-tenths (0.5), less (b) the number of pupils served in a conversion slot pursuant to section thirty-six hundred two- ee of this part in the two thousand twenty-one--two thousand twenty-two school year multiplied by five-tenths (0.5).

N.Y. Educ. Law § 3602-E

Amended by New York Laws 2024, ch. 56,Sec. A-16, eff. 7/1/2024.

Amended by New York Laws 2023, ch. 56,Sec. A-14, eff. 7/1/2023.

Amended by New York Laws 2023, ch. 56,Sec. A-13, eff. 5/3/2023, op. 4/1/2023.

Amended by New York Laws 2023, ch. 56,Sec. A-12, eff. 5/3/2023, op. 4/1/2023, exp. 6/30/2026.

Amended by New York Laws 2022, ch. 56, Sec. A-17-b, eff. 6/30/2022.

Amended by New York Laws 2022, ch. 56, Secs. A-17-e, A-17-d, A-17-c eff. 4/9/2022.

Amended by New York Laws 2021, ch. 56, Secs. A-23-d, A-23-c eff. 4/16/2021.

Amended by New York Laws 2021, ch. 56, Sec. A-23, eff. 7/1/2021.

Amended by New York Laws 2019, ch. 59, Sec. YYY-10-a, eff. 4/12/2019.

Amended by New York Laws 2018, ch. 59, Sec. CCC-18-a, eff. 4/12/2018.

Amended by New York Laws 2018, ch. 59, Secs. CCC-18, CCC-17, CCC-16, CCC-15 eff. 7/1/2018.

Amended by New York Laws 2017, ch. 59, Sec. YYY-26 to Sec. YYY-30, eff. 7/1/2017.

Amended by New York Laws 2016, ch. 54, Sec. A-5, eff. 4/4/2016.

Amended by New York Laws 2015, ch. 56, Sec. A-5, eff. 4/1/2015.

Amended by New York Laws 2014, ch. 56, Sec.AA-A-1, eff. 3/31/2014 and Sec. A-21 eff. 4/1/2014.

Amended by New York Laws 2013, ch. 57, Sec. A-18, eff. 4/1/2013.