There is a newer version of the New York Consolidated Laws
2006 New York Code - Universal Prekindergarten Program.
§ 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 aid pursuant to 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 submitted by the
prekindergarten policy advisory board to the board of education or
community school board that is designed to effectively serve eligible
children 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. Within amounts appropriated therefor, the commissioner is hereby
authorized and directed to award grants for the establishment and
implementation of a prekindergarten program to serve eligible children.
3. a. During the nineteen hundred ninety-seven--ninety-eight school
year, or, at the option of the trustees or board of education, during
the school year immediately preceding the school year in which funds
provided pursuant to this section will first become available to the
school district, as determined by the commissioner, each school district
shall form a prekindergarten policy advisory board (herein referred to
as advisory board) appointed by the superintendent which shall include
but not be limited to members of the board of education, teachers
employed by the school district as selected by the collective bargaining
unit, parents of children who attend such district, community leaders
and child care and early education providers. In the city school
district of the city of New York, there shall be an advisory board
appointed by the community school district superintendent in each
community school district which shall be composed of at least the
following individuals: members of the community school board, teachers
employed by the school district as selected by the collective bargaining
unit, parents of children which attend such district, community leaders,
child care and early education providers and the community school
district superintendent or the superintendent's designee.
b. Each advisory board shall hold at least one public hearing that
provides for the participation of parents, school personnel, child care
providers and other interested members of the community prior to
determining what recommendation it will make to the board of education
or, in the city school district in the city of New York, to the
community school board. Such public hearing shall be conducted during
the school year immediately preceding the school year in which funds
provided pursuant to this section will first become available to the
school district, as determined by the commissioner. The recommendation
by the advisory board as to the implementation of a prekindergarten
program shall be based on the consideration of at least the following
factors:
(i) the projected number of children that are currently eligible to
participate in a prekindergarten program as well as the estimated number
that will be eligible for the prekindergarten program during each of the
following four years;
(ii) the short and long term benefits to eligible children who would
be participating in such program;
(iii) the needs of the parents of the eligible children, including but
not limited to the number of children who require full day programs
because the person or persons in parental relation work;
(iv) the ease of utilization and accessibility of the program to
parents in order to ensure the greatest number of children are served;
(v) the availability and existing facility capacity of existing
eligible agencies;
(vi) the most appropriate and effective manner in which to provide
prekindergarten programs which most efficiently utilize the resources of
the school district and the community, including eligible agencies.
c. If the advisory board determines that it will recommend the
implementation of a prekindergarten program, it shall develop a
prekindergarten program plan, with recommendations for the effective
implementation of such plan. The prekindergarten program plan shall
reflect consideration of the factors delineated in paragraph b of this
subdivision and of the comments and testimony received at the hearing or
hearings held by the advisory board. Such plan shall be submitted to the
board of education or the community school board for consideration prior
to a date determined by the commissioner.
d. If the advisory board determines that it will not recommend the
adoption of a prekindergarten program, it shall submit its written
recommendation to the school board or community school board.
4. Upon the consideration of the recommendation and, when applicable,
the prekindergarten program plan, submitted by the advisory board, the
board of education or community school board, within thirty days of
receipt, may adopt, modify or reject such recommendation and/or plan.
a. If the board of education or community school board is considering
modifying or rejecting such recommendation and/or plan, it shall hold a
public meeting with the advisory board to discuss aspects of the
recommendation and/or plan that has been modified or rejected.
b. In the event the board of education or the community school board
chooses to implement a prekindergarten program regardless of a negative
recommendation from the advisory board, it shall develop a plan as
required by paragraph c of subdivision three of this section.
5. In any school district, other than the city school district of the
city of New York, that has adopted a plan for the implementation of a
prekindergarten program, 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.
6. In the city school district of the city of New York, if a community
school board has adopted a plan for the implementation of a
prekindergarten program, the community school board shall submit such
plan to the city board for adoption or rejection.
a. If the city board adopts such plan, it shall submit such plan to
the chancellor who shall submit an application in accordance with
subdivision five of this section except that prior to the submission of
such application the chancellor shall ensure the community school
district superintendent of the district in which the prekindergarten
program is located has reviewed such application for consistency with
local laws, rules and regulations. All functions performed by the school
district pursuant to subdivision five of this section shall be performed
by the chancellor.
b. If the city board rejects such plan, it shall notify the community
school board in writing and shall state the reasons for such rejection.
The community school board may modify and resubmit its application to
the city board 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 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; and
h. provides staff development and teacher training; and
i. establishes a method for selection of eligible children to receive
prekindergarten program services where there are more eligible children
than can be served in a given school year.
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 detailed plan identifying specific goals, including how the
district will expand its program to assure that all eligible children
may be served by the school year two thousand two--two thousand three,
and a proposed timetable for the implementation and achievement of such
goals;
* NB Effective until July 1, 2006
* a. a detailed 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;
* NB Effective July 1, 2006
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.
* f. for the two thousand six--two thousand seven school year, the
district may include in its application a description of how its program
would be expanded if it receives a prekindergarten expansion award
pursuant to paragraph c of subdivision ten-a of this section.
* NB Effective July 1, 2006
9. * a. Each year, the commissioner shall determine the school
districts that would be eligible to receive funds 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
November fifteenth of the base year, the commissioner shall notify such
districts that they may be eligible for a grant pursuant to this section
in the following school year, and shall identify those districts for
which funds will first become available in such school year and are
required to form an advisory board and conduct a public hearing pursuant
to subdivision three of this section, provided that for grants for the
nineteen hundred ninety-eight--ninety-nine school year, such notice
shall be given on or before January thirty-first, nineteen hundred
ninety-eight.
* NB Effective until July 1, 2006
* a. Each year, the commissioner shall determine the school districts
that would be eligible to receive funds 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 or ten-a of this section. No later than
November fifteenth of the base year, the commissioner shall notify such
districts that they may be eligible for a grant pursuant to this section
in the following school year, and shall identify those districts for
which funds will first become available in such school year and are
required to form an advisory board and conduct a public hearing pursuant
to subdivision three of this section, provided that for grants for the
nineteen hundred ninety-eight--ninety-nine school year, such notice
shall be given on or before January thirty-first, nineteen hundred
ninety-eight, and for grants for the two thousand six--two thousand
seven school year, such notice shall be given on or before April
thirtieth, two thousand six.
* NB Effective July 1, 2006
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. Prekindergarten aid. a. Definitions. (1) For aid payable in the
school year nineteen hundred ninety-eight--ninety-nine, aid per
prekindergarten pupil shall equal the sum of six hundred dollars and the
product of four thousand dollars and the adjusted sharing ratio,
provided however that the aid per prekindergarten pupil is not less than
two thousand seven hundred dollars, nor more than four thousand dollars.
(1-a) For aid payable in the school year nineteen hundred
ninety-nine--two thousand and the school year two thousand--two thousand
one, aid per prekindergarten pupil shall equal the sum of six hundred
dollars and the product of four thousand dollars and the adjusted
sharing ratio, provided however that the aid per prekindergarten pupil
is not less than two thousand seven hundred nor more than four thousand
dollars, and provided further that for aid payable in the two
thousand--two thousand one school year the aid per prekindergarten pupil
shall be the amount calculated and deemed to be final based on data set
forth for each school district in the school aid computer listing for
that school year which was produced by the commissioner in support of
the education, labor and family assistance budget.
(1-b) For aid payable in the school year two thousand one--two
thousand two and thereafter, aid per prekindergarten pupil shall equal
the sum of two hundred sixty dollars and the product of four thousand
dollars and the adjusted sharing ratio, provided however that the aid
per prekindergarten pupil is not less than two thousand nor more than
four thousand dollars.
(2) The adjusted sharing ratio shall be the product of the district's
state sharing ratio for comprehensive operating aid calculated pursuant
to paragraph b of subdivision three of section three thousand six
hundred two of this article and the adjustment factor.
(3) For aid payable in the school year nineteen hundred
ninety-eight--ninety-nine, the adjustment factor shall be computed by
adding to one the quotient of (i) the positive remainder resulting when
nine hundred twenty-three thousandths is subtracted from the quotient of
the extraordinary needs count divided by the district's base year public
school enrollment, divided by (ii) forty-seven thousandths, provided
however that such factor shall not be less than one.
(3-a) For aid payable in the school year nineteen hundred
ninety-nine--two thousand, the adjustment factor shall be computed by
adding to one the quotient of (i) the positive remainder resulting when
nine hundred three thousandths is subtracted from the quotient of the
extraordinary needs count divided by the district's base year public
school enrollment, divided by (ii) forty-seven thousandths, provided
however that such factor shall not be less than one.
(3-b) For aid payable in the school year two thousand--two thousand
one, the adjustment factor shall be computed by adding to one the
quotient of (i) the positive remainder resulting when eight hundred
ninety-five thousandths is subtracted from the quotient of the
extraordinary needs count divided by the district's base year public
school enrollment, divided by (ii) forty-seven thousandths, provided
however that such factor shall not be less than one.
(3-c) For aid payable in the school year two thousand one--two
thousand two and thereafter, the adjustment factor shall be computed by
adding to one the quotient of (i) the positive remainder resulting when
ninety-four hundredths is subtracted from the quotient of the
extraordinary needs count divided by the district's base year public
school enrollment, divided by (ii) forty-seven thousandths, provided
however that such factor shall not be less than one.
(4) Unserved prekindergarten pupils shall mean the number of resident
children who attain the age of four before December first of the school
year, but who will not be served during such school year by a
state-funded prekindergarten program, provided, however, that for a
summer prekindergarten program as authorized by paragraph l of
subdivision twelve of this section, "eligible children" shall mean
resident children who are five years of age on or after 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 current
school year.
(5) Phase-in factor. For a school district in a city with a population
in excess of one million inhabitants, the phase-in factor shall be
sixteen hundredths (.16) for aid payable in the nineteen hundred
ninety-eight--ninety-nine school year, two hundred ninety-nine
thousandths (.299) for aid payable in the nineteen hundred
ninety-nine--two thousand school year, sixty-six hundredths (.66) for
aid payable in the two thousand--two thousand one school year, and one
for aid payable in the two thousand one--two thousand two school year
and thereafter. For school districts not in a city with a population in
excess of one million inhabitants, the phase-in factor shall be two
hundred ninety-five thousandths (.295) for aid payable in the nineteen
hundred ninety-eight--ninety-nine school year, five hundred twenty-five
thousandths (.525) for aid payable in the nineteen hundred
ninety-nine--two thousand school year, and one for aid payable in the
two thousand--two thousand one school year and thereafter.
(6) Aidable prekindergarten pupils. For a school district in a city
with a population in excess of one million inhabitants, aidable
prekindergarten pupils shall equal the product of (i) the applicable
phase-in factor and (ii) unserved prekindergarten pupils. For a school
district not in a city with a population in excess of one million
inhabitants, aidable prekindergarten pupils shall equal the product of
(i) the applicable phase-in factor, (ii) unserved prekindergarten
pupils, and (iii) for aid payable in the school years nineteen hundred
ninety-eight--ninety-nine through two thousand--two thousand one, the
percent of eligible applicants for the free and reduced price lunch
program as defined in subdivision one of section three thousand six
hundred two of this article.
b. For aid payable in the nineteen hundred ninety-eight--ninety-nine
through the two thousand--two thousand one school years, for districts
for which aidable prekindergarten pupils is greater than or equal to
twenty, grants payable pursuant to this section shall equal the product
of aid per prekindergarten pupil and the lesser of: its aidable
prekindergarten pupils, or the number of pupils served. For aid payable
in the two thousand one--two thousand two school year and thereafter,
grants payable pursuant to this section shall equal the product of aid
per prekindergarten pupil and the lesser of: its aidable prekindergarten
pupils, or the number of pupils served. For purposes of this paragraph,
"the number of pupils served" shall mean the sum of (i) the unduplicated
count of eligible children registered to receive educational services
pursuant to this section on a date prior to November first of the
current school year specified by the commissioner or, for aid payable in
the 2000--01 school year, for any district first commencing a program
pursuant to this subdivision, the unduplicated count of eligible
children registered to receive educational services pursuant to this
section on an alternate date prior to February first specified by the
commissioner and (ii) the weighted unduplicated count of eligible
children registered to receive educational services in a summer
prekindergarten program as authorized by paragraph 1 of subdivision
twelve of this section, as reported to the commissioner. Aid calculated
pursuant to this section for programs operated in the city school
district of the city of New York shall be calculated on a citywide
basis.
c. In the event the appropriation for purposes of this section in any
year is less than the sum of the grants payable to all school districts
as computed pursuant to paragraph b of this subdivision without
adjustment, the commissioner may adjust individual school district
allocations to conform to the appropriation.
d. For grants payable in the nineteen hundred
ninety-eight--ninety-nine school year, the statewide total amount of all
grants pursuant to this section shall not exceed sixty-seven million
dollars ($67,000,000). For grants payable in the nineteen hundred
ninety-nine--two thousand school year, the statewide total amount of all
grants pursuant to this section shall not exceed one hundred million
dollars ($100,000,000). For grants payable in the two thousand--two
thousand one school year, the statewide total amount of all grants
pursuant to this section shall not exceed two hundred twenty-five
million dollars ($225,000,000). For grants payable in the two thousand
one--two thousand two school year, the statewide total amount of all
grants pursuant to this section shall not exceed five hundred million
dollars ($500,000,000).
e. Notwithstanding any other provision of this section, the total
grant payable pursuant to this section shall equal the lesser of: (i)
the total grant amount computed pursuant to paragraphs a, b or c of this
subdivision, as applicable, based on data on file with the commissioner
as of April thirtieth of the school year for which such grant is payable
or (ii) the total actual grant expenditures incurred by the school
district as approved by the commissioner.
f. (1) For aid payable for the two thousand -- two thousand one school
year, where the trustees or board of education of a school district
eligible to receive funds pursuant to this section does not provide a
universal pre-kindergarten program or does not serve all aidable pupils
in the current year, funds may be deposited in the universal
prekindergarten reserve fund established pursuant to section
ninety-seven-vvv of the state finance law for future use in an amount
not to exceed the product of the aid per prekindergarten pupil for the
current school year and the district's aidable prekindergarten pupils
for the current school year. School districts must submit an application
to the commissioner by September first of the current school year,
requesting such funds to be deposited in the universal prekindergarten
reserve fund. Within five business days of receipt of an application
that conforms to the requirements of this section, the commissioner with
the approval of the director of the budget shall authorize and direct
the comptroller to transfer such funds from the general fund to the
universal prekindergarten reserve fund. In addition to the information
required pursuant to subdivision eight of this section, the district's
application shall explain the basis for not serving all aidable pupils
in the current year. Upon approval of such application, the set aside
requirement contained in paragraph e of subdivision five and the
provisions of subdivision sixteen of this section shall not apply until
the first year of operation of the universal prekindergarten program, at
which time the set aside shall be applied to the total amount of funds
to be expended for the universal prekindergarten program in the school
district budget for the current year, unless a waiver is granted in
accordance with paragraph e of subdivision five of this section. For
purposes of the advisory board and public hearing requirements of
subdivision three of this section, the first school year in which grant
funds would be deposited in such universal prekindergarten reserve
account shall be deemed to be the school year in which funds will first
become available to the school district.
(2) Notwithstanding any other provision of law, rule or regulation to
the contrary, the trustees or board of education of a school district
which has funds deposited in such universal prekindergarten reserve fund
shall be authorized to receive moneys from such reserve fund for
approved expenditures under this section and must notify the
commissioner prior to September first of the current year of an intent
to initiate a universal prekindergarten program within the current year.
Notwithstanding paragraph b of this subdivision, the grant payable
pursuant to this section for a school district for which a grant award
is deposited in the universal prekindergarten reserve fund shall not
exceed the product of aid per prekindergarten pupil and its aidable
prekindergarten pupils.
* 10-a. Supplemental prekindergarten aid. Notwithstanding any
provision of law to the contrary, in addition to amounts awarded
pursuant to subdivision ten of this section, for the two thousand
six-two thousand seven school year and thereafter, a school district
shall be eligible for an additional grant which shall be computed
pursuant to this subdivision.
a. For aid payable in the two thousand six-two thousand seven school
year and thereafter, school districts for which the number of aidable
prekindergarten pupils is greater than or equal to twenty shall be
eligible to receive an additional grant amount equal to the product of
aid per prekindergarten pupil and the lesser of: its aidable
prekindergarten pupils, or the number of pupils served, provided however
that a city school district in a city having a population of one million
or more shall be eligible for an additional grant amount not to exceed
twenty-five million dollars.
b. For purposes of paragraph a of this subdivision:
(i) "aid per prekindergarten pupil" shall equal the greater of (A) the
sum of six hundred dollars and the product of four thousand dollars and
the adjusted sharing ratio, provided however that the aid per
prekindergarten pupil is not less than two thousand seven hundred nor
more than four thousand dollars, or (B) the aid per kindergarten pupil
calculated pursuant to subdivision ten of this section for the two
thousand--two thousand one 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--two thousand one school year
and entitled "SA000-1";
(ii) "the adjusted sharing ratio" shall mean the product of the
district's state sharing ratio for comprehensive operating aid
calculated pursuant to paragraph b of subdivision three of section
thirty-six hundred two of this article and the adjustment factor;
(iii) "the adjustment factor" shall be computed by adding to one the
quotient of (A) the positive remainder resulting when ninety-four
hundredths is subtracted from the quotient of the extraordinary needs
count computed pursuant to paragraph s of subdivision one of section
thirty-six hundred two of this article, divided by the district's base
year public school enrollment computed pursuant to paragraph n of
subdivision one of section thirty-six hundred two of this article,
divided by (B) forty-seven thousandths;
(iv) "aidable prekindergarten pupils" shall equal the product of: (A)
the unadjusted aidable prekindergarten pupils, (B) the percent of
eligible applicants for the free and reduced price lunch program as
defined in paragraph p of subdivision one of section thirty-six hundred
two of this article, and (C) the applicable phase-in factor;
(v) the "phase-in factor" for the two thousand six--two thousand seven
school year shall be thirty-eight hundred forty-eight ten-thousandths
(0.3848) for all school districts;
(vi) "unserved prekindergarten pupils" shall mean the number of
resident children who attain the age of four before December first of
the school year, but who will not be served during such school year by a
state-funded prekindergarten program, provided, however, that for a
summer prekindergarten program as authorized by paragraph 1 of
subdivision twelve of this section, "eligible children" shall mean
resident children who are five years of age on or after December first
of he year in which they are enrolled or who will otherwise be first
eligible to enter public school kindergarten commencing with the current
school year;
(vii) "the number of pupils served" shall mean the unduplicated count
of eligible children registered to receive educational services pursuant
to this section in the school year prior to the base year, including the
weighted unduplicated count of eligible children registered to receive
educational services in a summer prekindergarten program as authorized
by paragraph 1 of subdivision twelve of this section;
(viii) "the prekindergarten pupil equivalent" shall mean the quotient
of the grant awarded pursuant to this section in the two thousand
five--two thousand six school year, as computed based on data on file
for the school aid computer listing produced by the commissioner in
February two thousand six, divided by the aid per kindergarten pupil
calculated pursuant to subdivision ten of this section for the two
thousand--two thousand one 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--two thousand one school year
and entitled "SA000-1";
(ix) "unadjusted aidable prekindergarten pupils" shall mean the
positive difference, if any, of the unserved prekindergarten pupils less
the lesser of the number of pupils served or the prekindergarten pupil
equivalent, provided, however, that if the district received a grant in
the base year pursuant to this section and if the number of pupils
served is equal to zero, then "unadjusted aidable prekindergarten
pupils" shall mean the positive difference, if any, of the unserved
prekindergarten pupils less the prekindergarten pupil equivalent.
c. In the event that the sum of the total grants awarded pursuant to
paragraph a of this subdivision is less than the sum of the total grants
computed and available to school districts pursuant to paragraph a of
this subdivision, then the commissioner may make prekindergarten
expansion awards to districts for additional programs and services for
unadjusted aidable prekindergarten pupils, based on applications
submitted pursuant to paragraph f of subdivision eight of this section,
in a total amount not to exceed the positive difference, if any, of such
sum of the total grants computed and available to school districts less
such sum of the total grants awarded pursuant to paragraph a of this
subdivision.
d. Notwithstanding any other provision of this section, the total
grant payable pursuant to this section shall equal the lesser of: (i)
the total grant amounts computed pursuant to this subdivision and
subdivision ten of this section for the current year, as applicable,
based on data on file with the commissioner as of April thirtieth of the
school year for which such grants are payable or (ii) the total actual
grant expenditures incurred by the school district as approved by the
commissioner.
* NB Effective July 1, 2006
* 11. Notwithstanding the provisions of subdivision ten of this
section, where less in local funds is expended during the current year
than in the base year for prekindergarten services to eligible children,
the school district shall have its apportionment reduced in an amount
equal to such deficiency in the current year or in the succeeding school
year, as determined by the commissioner, except for the school years
nineteen hundred ninety-nine--two thousand through two thousand
five--two thousand six, such reduction shall not apply to school
districts which have fully implemented a universal pre-kindergarten
program by serving all eligible children in the nineteen hundred
ninety-eight--ninety-nine school year. Expenses incurred by the school
district in implementing a pre-kindergarten program plan pursuant to
this subdivision shall be deemed ordinary contingent expenses.
* NB Effective until July 1, 2006
* 11. Notwithstanding the provisions of subdivisions ten and ten-a of
this section, where less in local funds is expended during the current
year than in the base year for prekindergarten services to eligible
children, the school district shall have its apportionment reduced in an
amount equal to such deficiency in the current year or in the succeeding
school year, as determined by the commissioner, except for the school
years nineteen hundred ninety-nine--two thousand through two thousand
six--two thousand seven, such reduction shall not apply to school
districts which have fully implemented a universal pre-kindergarten
program by serving all eligible children in the nineteen hundred
ninety-eight--ninety-nine school year. Expenses incurred by the school
district in implementing a pre-kindergarten program plan pursuant to
this subdivision shall be deemed ordinary contingent expenses.
* NB Effective July 1, 2006
12. The board of regents and the commissioner shall be authorized to
adopt regulations to implement the provisions of this section. 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. Such regulations shall include but
not be limited to:
a. qualifications for the staff of a prekindergarten program;
* b. transitional guidelines and rules which allow a program to meet
the required staff qualifications by the start of school year two
thousand six--two thousand seven;
* NB Effective until July 1, 2006
* b. transitional guidelines and rules which allow a program to meet
the required staff qualifications by the start of school year two
thousand seven--two thousand eight;
* NB Effective July 1, 2006
c. transitional guidelines and rules which allow a prekindergarten
program to meet any other requirements set forth pursuant to this
section and regulations adopted by the board of regents and the
commissioner;
d. health and safety standards;
e. time requirements which reflect the needs of the individual school
districts for flexibility, but meeting a minimum weekly time
requirement;
f. the staff/child ratio;
g. 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;
h. 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;
i. commencing July first, nineteen hundred ninety-nine, and continuing
until June thirtieth, two thousand two, a requirement that the district
give preference to serving eligible children who are economically
disadvantaged, as defined by the commissioner;
j. a process by which a school district must submit an application;
k. 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
* l. 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 of this section
for each day less than one hundred eighty days that the summer program
is in session.
* NB Effective until July 1, 2006
* l. 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.
* NB Effective July 1, 2006
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.
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, 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. Such report shall also contain any recommendations
to improve or otherwise change the program.
15. The commissioner shall also provide for an independent evaluation
and assessment, by an evaluator not affiliated with the department or
any school district, 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.
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 operating aid pursuant to subdivision seven or
eight of section thirty-six hundred four of this chapter.
* 17. Notwithstanding the provisions of this section, for aid payable
in the two thousand two--two thousand three through the two thousand
four--two thousand five school years, each school district shall be
eligible to receive a grant award in an amount not to exceed the maximum
prekindergarten grant award which shall be the sum of (i) the amount set
forth for such school district for the two thousand one--two thousand
two school year on the computer listing produced by the commissioner in
support of the executive budget request for such year and entitled
"BT032-1" under the heading, "PREKINDERGARTEN", plus (ii) for those
districts that were eligible to receive a supplemental grant award for
the purposes of this section pursuant to part B of chapter 149 of the
laws of 2001, an amount equal to the positive difference between the
amount the school district was eligible to receive based on data on file
with the commissioner on February fifteenth, two thousand and the amount
set forth for the purposes of grants pursuant to this section for such
school district for the two thousand one--two thousand two school year
in such computer listing entitled "BT032-1". Provided, however, that a
school district receiving aid under this section shall be required to
comply with all district plans and other requirements under this section
for the receipt of funds.
* NB Effective until July 1, 2006
* 17. Notwithstanding the provisions of this section, for aid payable
in the two thousand two--two thousand three through the two thousand
four--two thousand five, and two thousand six--two thousand seven school
years, each school district shall be eligible to receive a grant award
in an amount not to exceed the maximum prekindergarten grant award which
shall be the sum of (i) the amount set forth for such school district
for the two thousand one--two thousand two school year on the computer
listing produced by the commissioner in support of the executive budget
request for such year and entitled "BT032-1" under the heading,
"PREKINDERGARTEN", plus (ii) for those districts that were eligible to
receive a supplemental grant award for the purposes of this section
pursuant to part B of chapter 149 of the laws of 2001, an amount equal
to the positive difference between the amount the school district was
eligible to receive based on data on file with the commissioner on
February fifteenth, two thousand and the amount set forth for the
purposes of grants pursuant to this section for such school district for
the two thousand one--two thousand two school year in such computer
listing entitled "BT032-1". Provided, however, that a school district
receiving aid under this section shall be required to comply with all
district plans and other requirements under this section for the receipt
of funds.
* NB Effective July 1, 2006
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