2019 New York Laws
EDN - Education
Title 5 - Taxation and Financial Administration
Article 73 - Apportionment of Public Moneys
Part 1 - General Provisions
3602-E - 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 total foundation aid pursuant to subdivision four of  section  three
thousand  six  hundred  two of this article, such term shall not include
boards of cooperative educational services.
  b. "Eligible agencies" shall mean a provider of child care  and  early
education,  a  day  care provider, early childhood program or center, or
community-based organization, including  but  not  limited  to  approved
pre-school  special  education programs, head start, and nursery schools
so long as the  standards  and  qualifications  set  forth  pursuant  to
subdivision twelve of this section have been met.
  c. "Eligible children" shall mean resident children who are four years
of  age  on  or  before  December  first  of  the year in which they are
enrolled or who will otherwise be first eligible to enter public  school
kindergarten commencing with the following school year.
  d.  "Pre-kindergarten  program plan" shall mean a plan approved by the
board of education or, in  the  case  of  a  school  district  having  a
population  of  one million or more, by the community superintendent and
the chancellor that is designed to effectively serve  eligible  children
directly  through  the  school district or through collaborative efforts
between the school district and an eligible agency or agencies.
  e. "Session" shall mean one universal  prekindergarten  program  class
operating   pursuant   to   time,   staff  ratio  and  other  regulatory
requirements as set forth by the board of regents and  the  commissioner
for such purpose.
  2.  The commissioner is hereby authorized and directed to award grants
for the establishment and implementation of a prekindergarten program to
serve eligible children.
  5. In any school district, other than the city school district of  the
city  of New York, that seeks an apportionment pursuant to this section,
the school district shall develop and submit an application pursuant  to
the  rules  and  regulations  adopted  by  the  board of regents and the
commissioner for such purpose. Such application shall be submitted by  a
date   and  in  a  form  prescribed  by  the  commissioner  pursuant  to
subdivision eight of this section, including  the  program  elements  as
provided  for  in  subdivision  seven  of  this  section  and  shall  be
consistent with the plan adopted by the district.
  a.  If  the  school  district  chooses  to  coordinate  proposals  for
prekindergarten program services, it shall conduct a competitive process
in accordance with procedures set forth by the commissioner and with the
requirements and regulations set forth in, and pursuant to, subdivisions
seven, eight and twelve of this section.
  b.  An  application  developed  by coordinating proposals submitted by
eligible  agencies  pursuant  to  a  competitive  process  shall  ensure
delivery  of prekindergarten program services in an effective, efficient
and non-duplicative manner.
  c. The results of the competitive process for prekindergarten  program
services  shall  be  made  public  at  a regular meeting of the board of
education. An eligible agency may request a written statement  from  the
board of education stating why the application was not accepted.
  d.  Notwithstanding  any  other provision of law, the school districts
shall be authorized to  enter  any  contractual  or  other  arrangements
necessary to implement the district's prekindergarten plan.
  e.  Not  less  than ten percent of the total grant award to the school
district shall be set aside  for  collaborative  efforts  with  eligible
agencies,  provided  that  the  commissioner  may  waive  such set aside

requirement based upon documented evidence that the school district  was
unable  to  use  the  set aside to make a collaborative arrangement that
would  meet  all   requirements   of   this   subdivision   because   of
unavailability  of  eligible  agencies  willing  to collaborate or other
factors beyond the  control  of  the  school  district,  or  for  school
districts  which  have  fully  implemented  a  universal prekindergarten
program by serving all eligible four year olds in the  nineteen  hundred
ninety-eight--ninety-nine school year and due to parental choice the ten
percent  set  aside  requirement exceeds the total of the district's aid
per kindergarten pupil multiplied  by  the  number  of  pre-kindergarten
pupils  in collaborative programs. In such cases, school districts shall
set aside, for collaborative efforts with eligible agencies,  the  total
of the district's aid per kindergarten pupil multiplied by the number of
prekindergarten pupils in collaborative programs.
  f.  Notwithstanding  any  other  provisions  of  this  section  to the
contrary, two or more school districts may submit a joint application to
operate a joint  universal  prekindergarten  program.  For  purposes  of
paragraph e of this subdivision and all other provisions of this section
except  subdivision  ten,  all  references to a school district shall be
deemed a reference to all school districts participating in  such  joint
program  as  if they were a single district. For purposes of subdivision
ten of this section, the grant award for the joint program shall be  the
sum  of  the  grant  awards  computed  for  each  participating district
pursuant to such subdivision ten.
  6. In the city school district of the city of New York, if a community
school superintendent seeks to receive an apportionment pursuant to this
section, the community school superintendent shall submit such  plan  to
the chancellor for adoption, modification or rejection.
  a.  If  the chancellor adopts such plan as submitted or as modified by
the chancellor, the chancellor shall submit an application in accordance
with subdivision five of this section.
  b. If the chancellor rejects such plan, he or  she  shall  notify  the
community superintendent in writing and shall state the reasons for such
rejection.
  The  community superintendent may modify and resubmit such application
to the chancellor for adoption.
  7. In order to receive approval from the commissioner to  implement  a
prekindergarten  program,  applications  and proposals shall demonstrate
that the program to be implemented contains, at a minimum, the following
components:
  a. provides for an age and developmentally appropriate curriculum  and
activities which are learner-centered;
  b.  provides  for  an  assessment  of  the  development  of  language,
cognitive and social skills;
  c. ensures continuity in the program with  instruction  in  the  early
elementary grades;
  d. encourages children to be self-assured and independent;
  e. encourages the co-location and integration of children with special
needs;
  f.  utilizes  staff  who meet the qualifications set forth pursuant to
the rules of the board of regents;
  g. provides for strong parental partnerships and  involvement  in  the
implementation of and participation in the plan;
  h.  provides  staff  development  and  teacher  training for staff and
teachers in all settings in which prekindergarten services are  provided
pursuant to this section; and
  i.  establishes a method for selection of eligible children to receive
prekindergarten program services on a random selection basis where there

are more eligible children than can be served in a  given  school  year,
provided,  however,  that  a  school  district  that operated a targeted
prekindergarten program in the base year may use the  selection  process
established for such program.
  8.  Each  application  for  a prekindergarten program pursuant to this
section shall be on a form prescribed  by  the  commissioner  and  shall
include, but not be limited to:
  a.   a   prekindergarten  program  plan  identifying  specific  goals,
including how the district will expand its program to  assure  that  all
eligible  children  may  be  served,  and  a  proposed timetable for the
implementation and achievement of such goals;
  b. a proposed budget and a description of  the  proposed  use  of  the
grant funds including the mechanism for the distribution of such funds;
  c.  the  local share to be used, as defined by the commissioner, which
may include resources which may be available from the community;
  d. the participation and contribution of  each  of  the  collaborative
partners; and
  e.  a  description  of any costs associated with the administration of
the program.
  9.  a.  Each  year,  the  commissioner  shall  determine  the  maximum
allocation  that  each district would be eligible to receive pursuant to
this section in the following school year based on pupil  data  on  file
with  the  commissioner  on  a  date prescribed by the commissioner, and
applying the formula specified in subdivision ten of  this  section.  No
later  than  April  thirtieth  of  the base year, the commissioner shall
notify districts of the maximum allocations they  may  be  eligible  for
pursuant  to this section in the following school year, and such maximum
allocations shall be deemed final and not subject to change thereafter.
  b. The board of regents and the commissioner  shall  develop  criteria
for awarding all grants pursuant to this section. The commissioner shall
give  preference  to  those  applications  which  demonstrate innovative
methods  for  serving  eligible  children,  are   strong   collaborative
arrangements  which maximize, to the extent possible, the utilization of
existing resources of the school district,  eligible  agencies  and  the
community,  have an immediate capacity for providing services, and which
can most effectively address the prekindergarten needs of  each  of  the
eligible children.
  10.  Universal  prekindergarten  aid. Notwithstanding any provision of
law to the contrary,
  (i) for aid payable in  the  two  thousand  eight--two  thousand  nine
school  year,  the  grant to each eligible school district for universal
prekindergarten aid shall be computed pursuant to this subdivision, and
  (ii) for the two thousand nine--two  thousand  ten  and  two  thousand
ten--two  thousand  eleven  school  years, each school district shall be
eligible for a maximum grant equal  to  the  amount  computed  for  such
school  district  for the base year in the electronic data file produced
by the commissioner in support of the two  thousand  nine--two  thousand
ten  education,  labor  and family assistance budget, provided, however,
that in the case of a district implementing programs for the first  time
or  implementing  expansion  programs  in  the  two  thousand eight--two
thousand nine school year where such programs operate for a  minimum  of
ninety days in any one school year as provided in section 151-1.4 of the
regulations of the commissioner, for the two thousand nine--two thousand
ten  and two thousand ten--two thousand eleven school years, such school
district shall be eligible for a  maximum  grant  equal  to  the  amount
computed  pursuant to paragraph a of subdivision nine of this section in
the two thousand eight--two thousand nine school year, and
  (iii) for the two thousand eleven--two  thousand  twelve  school  year
each  school district shall be eligible for a maximum grant equal to the
amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
under the heading "2011-12 ESTIMATED AIDS" in the  school  aid  computer
listing  produced  by  the commissioner in support of the enacted budget
for the 2011-12 school year and entitled "SA111-2", and
  (iv) for  two  thousand  twelve--two  thousand  thirteen  through  two
thousand  sixteen--two  thousand  seventeen  school  years  each  school
district shall be eligible for a maximum grant equal to the  greater  of
(A)  the  amount  set  forth  for  such  school  district  as "UNIVERSAL
PREKINDERGARTEN" under the heading  "2010-11  BASE  YEAR  AIDS"  in  the
school  aid  computer listing produced by the commissioner in support of
the enacted budget for the 2011-12 school year and  entitled  "SA111-2",
or  (B)  the  amount  set  forth  for such school district as "UNIVERSAL
PREKINDERGARTEN" under the heading  "2010-11  BASE  YEAR  AIDS"  in  the
school  aid  computer  listing  produced  by  the  commissioner  on  May
fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
twenty-one of section three hundred five of this chapter, and
  (v)  for  the  two  thousand  seventeen--two thousand eighteen and two
thousand eighteen--two  thousand  nineteen  school  years,  each  school
district shall be eligible to receive a grant amount equal to the sum of
(A)  the  amount  set  forth  for  such  school  district  as "UNIVERSAL
PREKINDERGARTEN" under the  heading  "2016-17  ESTIMATED  AIDS"  in  the
school  aid  computer listing produced by the commissioner in support of
the enacted budget for the two thousand sixteen--two thousand  seventeen
school  year  and entitled "SA161-7" plus (B) the amount awarded to such
school district for the priority full-day prekindergarten  and  expanded
half-day  prekindergarten  grant  program for high need students for the
two thousand sixteen--two thousand seventeen  school  year  pursuant  to
chapter  fifty-three of the laws of two thousand thirteen, provided that
for purposes of calculating  the  maintenance  of  effort  reduction  in
subdivision   eleven   of  this  section  grant  amounts  shall  be  the
four-year-old grant amount, and
  (vi) for the two thousand nineteen--two thousand twenty  school  year,
each  school  district shall be eligible to receive a grant amount equal
to the sum of (A) the amount set  forth  for  such  school  district  as
"UNIVERSAL  PREKINDERGARTEN" in the school aid computer listing produced
by the commissioner in  support  of  the  enacted  budget  for  the  two
thousand eighteen--two thousand nineteen school year plus (B) the amount
awarded  to  such  school district for the federal preschool development
expansion grant for the two thousand  seventeen--two  thousand  eighteen
school  year  pursuant  to the American Recovery and Reinvestment Act of
2009 (ARRA), Sections 14005, 14006, and 14013, Title  XIV,  (Public  Law
112-10),  as  amended by section 1832(b) of Division B of the Department
of Defense and Full-Year Continuing Appropriations Act,  2011  (Pub.  L.
112-10), and the Department of Education Appropriations Act, 2012 (Title
III  Division  F of Pub. L. 112-74, the Consolidated Appropriations Act,
2012) plus (C) the amount  awarded  to  such  school  district  for  the
expanded  prekindergarten  program  for three and four year-olds for the
two thousand eighteen--two thousand nineteen  school  year  pursuant  to
chapter  sixty-one  of  the  laws  of  two thousand fifteen plus (D) the
amount awarded to such school district for the expanded  prekindergarten
for  three-year-olds in high need districts program for the two thousand
eighteen--two  thousand  nineteen  school  year  pursuant   to   chapter
fifty-three  of  the  laws  of  two thousand sixteen plus (E) the amount
awarded to such school district for the expanded prekindergarten program
for  three-  and  four-year-olds  for  the  two  thousand  eighteen--two
thousand  nineteen  school year pursuant to a chapter of the laws of two

thousand seventeen plus (F) the amount awarded to such school  district,
subject  to  an  available  appropriation,  through the pre-kindergarten
expansion grant for the two  thousand  eighteen--two  thousand  nineteen
school year, provided that such school district has met all requirements
pursuant to this section and for purposes of calculating the maintenance
of  effort  reduction  in  subdivision  eleven of this section that such
grant amounts shall be divided into a four-year-old grant  amount  based
on  the amount each district was eligible to receive in the base year to
serve four-year-old prekindergarten pupils and  a  three-year-old  grant
amount  based on the amount each district was eligible to receive in the
base year to serve three-year-old pupils, and
  (vii) for the two thousand twenty--two thousand twenty-one school year
and thereafter, each school district shall  be  eligible  to  receive  a
grant  amount  equal  to  the  sum  of (A) the amount set forth for such
school  district  as  "UNIVERSAL  PREKINDERGARTEN  ALLOCATION"  on   the
computer  file  produced  by  the commissioner in support of the enacted
budget for the prior year plus (B) the amount  awarded  to  such  school
district,   subject   to   an   available   appropriation,  through  the
pre-kindergarten expansion grant for the prior year, provided that  such
school  district  has  met all requirements pursuant to this section and
for purposes of calculating  the  maintenance  of  effort  reduction  in
subdivision  eleven  of  this  section  that such grant amounts shall be
divided into a four-year-old grant  amount  based  on  the  amount  each
district was eligible to receive in the base year to serve four-year-old
prekindergarten  pupils  and  a three-year-old grant amount based on the
amount each district was eligible to receive in the base year  to  serve
three-year-old pupils, and provided further that the maximum grant shall
not  exceed  the  total actual grant expenditures incurred by the school
district in the current school year as approved by the commissioner.
  a. Each school district shall be eligible to  serve  the  sum  of  (i)
eligible   full-day   four-year-old  prekindergarten  pupils  plus  (ii)
eligible  half-day  four-year-old  prekindergarten  pupils  plus   (iii)
eligible   full-day  three-year-old  prekindergarten  pupils  plus  (iv)
eligible half-day three-year-old prekindergarten pupils.
  b. For purposes of paragraph a of this subdivision:
  (i) "Selected aid per prekindergarten pupil" shall equal  the  greater
of  (A)  the  product  of five-tenths and the school district's selected
foundation aid for the current year, or (B) the aid per  prekindergarten
pupil  calculated  pursuant  to  this  subdivision  for the two thousand
six-two thousand seven school year, based on data on file for the school
aid computer listing produced by the  commissioner  in  support  of  the
enacted  budget for the two thousand six--two thousand seven school year
and entitled "SA060-7"; provided, however,  that  in  the  two  thousand
eight--two  thousand  nine school year, a city school district in a city
having a population of one million inhabitants  or  more  shall  not  be
eligible  to select aid per prekindergarten pupil pursuant to clause (A)
of this subparagraph;
  (ii) (1)  "Eligible  Full-day  four-year-old  prekindergarten  pupils"
shall equal:
  For  the two thousand seventeen--two thousand eighteen school year the
sum of, from the priority  full-day  prekindergarten  program,  (A)  the
maximum  aidable  pupils such district was eligible to serve in the base
year plus (B) the maximum aidable  number  of  half-day  prekindergarten
pupils converted into a full-day prekindergarten pupil in the base year;
  For  the  two thousand eighteen--two thousand nineteen school year the
sum of, from the programs pursuant to  this  section,  (A)  the  maximum
aidable  full-day  prekindergarten  pupils such district was eligible to
serve in the base year plus (B) the maximum aidable number  of  half-day

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

of (1) the federal preschool expansion grant for the base year plus such
pupils  from  (2)  the expanded prekindergarten program plus such pupils
from  (3)  the  expanded  prekindergarten   program   for   three-   and
four-year-olds  plus  such pupils from (4) the prekindergarten expansion
grant for the base year;
  For the two thousand twenty--two thousand twenty-one school  year  and
thereafter,  the  sum  of  the  maximum  aidable  half-day four-year-old
prekindergarten pupils such district was eligible to serve for the  base
year from (A) the program pursuant to this section plus such pupils from
(B)  the  pre-kindergarten  expansion  grant,  less  the maximum aidable
number of half-day four-year-old prekindergarten pupils  converted  into
full-day  four-year-old prekindergarten pupils under the prekindergarten
expansion grant for the base year;
  (2) "Eligible half-day three-year-old  prekindergarten  pupils"  shall
equal:
  For  the  two  thousand nineteen--two thousand twenty school year, the
sum of  the  maximum  aidable  half-day  three-year-old  prekindergarten
pupils  such  district  was eligible to serve for the base year from (A)
the expanded prekindergarten program  plus  such  pupils  from  (B)  the
expanded  prekindergarten  for three-year-olds plus such pupils from (C)
the expanded prekindergarten program for three- and four-year-olds  plus
such  pupils  from (D) the prekindergarten expansion grant, less the sum
of the maximum aidable number of half-day three-year-old prekindergarten
pupils converted into  full-day  three-year-old  prekindergarten  pupils
under  each of (1) the expanded prekindergarten program plus such pupils
from (2) the expanded  prekindergarten  for  three-year-olds  plus  such
pupils  from  (3)  the  expanded  prekindergarten program for three- and
four-year-olds plus such pupils from (4) the  prekindergarten  expansion
grant for the base year;
  For  the  two thousand twenty--two thousand twenty-one school year and
thereafter, the sum  of  the  maximum  aidable  half-day  three-year-old
prekindergarten  pupils such district was eligible to serve for the base
year from (A) the program pursuant to this section plus such pupils from
(B) the prekindergarten expansion grant, less the maximum aidable number
of  half-day  three-year-old  prekindergarten  pupils   converted   into
full-day three-year-old prekindergarten pupils under the prekindergarten
expansion grant for the base year;
  (iv)  "Unserved  four-year-old  prekindergarten pupils" shall mean the
product of eighty-five percent multiplied by the positive difference, if
any, between the sum of the public school enrollment and  the  nonpublic
school   enrollment   of  children  attending  full  day  and  half  day
kindergarten programs in the district in the year prior to the base year
less the number of resident children who attain the age of  four  before
December first of the base year, who were served during such school year
by  a  prekindergarten  program  approved pursuant to section forty-four
hundred ten of this chapter, where such services are provided  for  more
than four hours per day;
  (v)  (1)  "Prekindergarten  four-year-old  maintenance of effort base"
shall mean the number of eligible full-day four-year-old prekindergarten
pupils set forth for the district in this paragraph plus the product  of
one   half   (0.5)   multiplied  by  the  number  of  eligible  half-day
four-year-old prekindergarten pupils set forth for the district in  this
paragraph;
  (2)  "Prekindergarten three-year-old maintenance of effort base" shall
mean the number  of  eligible  full-day  three-year-old  prekindergarten
pupils  set forth for the district in this paragraph plus the product of
one  half  (0.5)  multiplied  by  the  number   of   eligible   half-day

three-year-old prekindergarten pupils set forth for the district in this
paragraph;
  (vi)  (1)  "Current  year four-year-old prekindergarten pupils served"
shall mean the sum of  full  day  four-year-old  prekindergarten  pupils
served in the current year plus the product of one half (0.5) multiplied
by the half day four-year-old prekindergarten pupils in the current year
less the half-day four-year-old conversion overage;
  (2)  "Current year three-year-old prekindergarten pupils served" shall
mean the sum of full day three-year-old prekindergarten pupils served in
the current year plus the product of one half (0.5)  multiplied  by  the
half  day three-year-old prekindergarten pupils in the current year less
the half-day three-year-old conversion overage;
  (vii) (1) "Half-day four-year-old conversion overage" shall equal, for
districts   with   thirty   percent   fewer    full-day    four-year-old
prekindergarten pupils served in the current year than eligible full-day
four-year-old  prekindergarten pupils as set forth in this paragraph due
to the  conversion  of  full-day  four-year-old  prekindergarten  pupils
served  in  the  current  year to half-day four year-old prekindergarten
pupils served in the current year, the  difference  of  the  product  of
seven-tenths   multiplied   by   the   eligible  full-day  four-year-old
prekindergarten pupils rounded down to the nearest  whole  number,  less
the  number  of  full-day four-year-old prekindergarten pupils served in
the current year;
  (2) "Half-day three-year-old  conversion  overage"  shall  equal,  for
districts    with   thirty   percent   fewer   full-day   three-year-old
prekindergarten pupils served in the current year than eligible full-day
three-year-old prekindergarten pupils as set forth  in  paragraph  b  of
this  subdivision  due  to  the  conversion  of  full-day three-year-old
prekindergarten  pupils  served  in  the  current   year   to   half-day
three-year-old  prekindergarten  pupils  served in the current year, the
difference of the product of seven-tenths  multiplied  by  the  eligible
full-day  three-year-old  prekindergarten  pupils  rounded  down  to the
nearest  whole  number,  less  the  number  of  full-day  three-year-old
prekindergarten pupils served in the current year;
  (3)  Provided  that  a  district  may  apply to the commissioner for a
hardship waiver that would allow a district to convert more than  thirty
percent  of  full-day four-year-old prekindergarten pupils served in the
current year to half-day four-year-old prekindergarten pupils served  in
the  current year or three-year-old prekindergarten pupils served in the
current year to half-day three-year-old prekindergarten pupils served in
the current year and receive funding for such slots. Such  waiver  shall
be  granted  upon  a  demonstration by the school district that due to a
significant change in the resources available to the school district and
absent this hardship waiver, the school  district  would  be  unable  to
serve   such   pupils   in  prekindergarten  programs,  without  causing
significant disruption to other district programming;
  (viii) (1) "Maintenance of effort  factor  for  four-year-olds"  shall
mean   the   quotient   arrived   at  when  dividing  the  current  year
four-year-old  prekindergarten  pupils  served  by  the  prekindergarten
four-year-old maintenance of effort base;
  (2)  "Maintenance of effort factor for three-year-olds" shall mean the
quotient arrived  at  when  dividing  the  current  year  three-year-old
prekindergarten  pupils  served  by  the  prekindergarten three-year-old
maintenance of effort base;
  (ix) For the purposes of this paragraph:
  (A)  "Priority  full-day  prekindergarten  program"  shall  mean   the
priority  full-day prekindergarten and expanded half-day prekindergarten

grant program for high need students pursuant to chapter fifty-three  of
the laws of two thousand thirteen;
  (B)  "Federal  preschool  development  expansion grant" shall mean the
federal preschool development expansion grant pursuant to  the  American
Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and
14013,  Title XIV, (Public Law 112-10), as amended by section 1832(b) of
Division B  of  the  Department  of  Defense  and  Full-Year  Continuing
Appropriations  Act,  2011  (Pub.  L.  112-10),  and  the  Department of
Education Appropriations Act, 2012 (Title III  Division  F  of  Pub.  L.
112-74, the Consolidated Appropriations Act, 2012);
  (C)   "Expanded  prekindergarten  program"  shall  mean  the  expanded
prekindergarten  program  for  three-  and  four-year-olds  pursuant  to
chapter sixty-one of the laws of two thousand fifteen;
  (D)  "Expanded  prekindergarten  for  three-year-olds"  shall mean the
expanded prekindergarten for  three-year-olds  in  high  need  districts
program  pursuant  to  chapter  fifty-three  of the laws of two thousand
sixteen;
  (E) "Expanded prekindergarten program for three-  and  four-year-olds"
shall   mean   the  expanded  prekindergarten  program  for  three-  and
four-year-olds pursuant to  a  chapter  of  the  laws  of  two  thousand
seventeen;
  (F)  "Prekindergarten  expansion grant" shall mean the prekindergarten
expansion grant for the two  thousand  eighteen--two  thousand  nineteen
school  year  and  thereafter,  pursuant to subdivision eighteen of this
section,  to  the  extent  such  program  was   available   subject   to
appropriation,  and  provided  that  such  school  district  has met all
requirements pursuant to this section.
  c. Notwithstanding any other provision  of  this  section,  the  total
grant  payable  pursuant  to this section shall equal the lesser of: (i)
the sum of the four-year-old grant amount plus the three-year-old  grant
amount computed pursuant to this subdivision for the current year, based
on  data  on  file  with  the  commissioner as of September first of the
school year  immediately  following  or  (ii)  the  total  actual  grant
expenditures  incurred  by  the  school  district  as  approved  by  the
commissioner.
  d. Notwithstanding any other provision of this section, apportionments
under this section greater than the amounts provided in the two thousand
sixteen--two thousand seventeen  school  year  shall  only  be  used  to
supplement and not supplant current local expenditures of state or local
funds  on  prekindergarten  programs and the number of eligible full-day
four-year-old   prekindergarten    pupils    and    eligible    full-day
three-year-old   prekindergarten  pupils  in  such  programs  from  such
sources. Current local expenditures shall include any local expenditures
of state or local funds used to supplement or extend  services  provided
directly  or  via  contract to eligible children enrolled in a universal
prekindergarten program pursuant to this section.
  11. Maintenance of effort reduction.
  (a)   Where   a   school   district's   current   year   four-year-old
prekindergarten   pupils   served   is  less  than  its  prekindergarten
four-year-old maintenance of effort base, the school district shall have
its current year four-year-old apportionment equal to the product of the
four-year-old maintenance of effort factor computed in  paragraph  b  of
subdivision  ten  of  this section multiplied by the four-year-old grant
amount it was eligible to receive pursuant to subdivision  ten  of  this
section.
  (b)   Where   a   school   district's   current   year  three-year-old
prekindergarten  pupils  served  is  less   than   its   prekindergarten
three-year-old  maintenance  of  effort  base, the school district shall

have its current year three-year-old apportionment equal to the  product
of the three-year-old maintenance of effort factor computed in paragraph
b  of  subdivision  ten of this section multiplied by the three-year-old
grant  amount  it was eligible to receive pursuant to subdivision ten of
this section.
  12. The board of regents and the commissioner shall be  authorized  to
adopt  regulations to implement the provisions of this section and which
shall prescribe  uniform  quality  standards  for  such  prekindergarten
programs.  In  developing such regulations, the board of regents and the
commissioner shall consider and seek to coordinate any regulations which
may currently  be  applicable  to  any  existing  programs  or  eligible
agencies.  In  addition,  the  regents when developing regulations shall
consider and recognize the diversity of settings  and  models  available
for  the  delivery  of  prekindergarten  programs  operated  by eligible
agencies in alternative  settings,  including  libraries  and  community
based  organizations,  that  comply  with this section. Such regulations
shall include but not be limited to:
  a. minimum qualifications for personnel  providing  instructional  and
other   services  in  prekindergarten  programs.  In  promulgating  such
regulations, the commissioner and the board of regents shall  take  into
account  the  availability of certified teachers and teaching assistants
to provide instruction in prekindergarten programs  and  shall  consider
ways to increase the pool of qualified personnel;
  b.   curriculum   standards   consistent   with  the  New  York  state
prekindergarten early learning standards to ensure  that  such  programs
have  strong  instructional  content  that is integrated with the school
district's instructional program in grades kindergarten through twelve;
  c. performance standards for  prekindergarten  programs,  which  shall
include  procedures  for  assessing the performance of such programs and
establishing mechanisms for  tracking  progress  of  such  programs  and
reporting  such  progress to parents of prekindergarten students and the
public;
  * d. transitional guidelines and rules which allow a program  to  meet
the  required  staff qualifications and any other requirements set forth
pursuant to this section and regulations adopted by the board of regents
and the commissioner;
  * NB Effective June 30, 2020
  * d-1. guidelines which allow personnel employed by an eligible agency
that is collaborating with a school district to provide  prekindergarten
services  and  licensed  by an agency other than the department, to meet
the staff qualifications prescribed  by  the  licensing  or  registering
agency;   provided   however,   a   written   plan  is  established  for
prekindergarten teachers to obtain a certificate valid  for  service  in
early childhood grades within five years after commencing employment, or
by  June  thirtieth,  two  thousand twenty, whichever is later, provided
that districts must submit a report to the  commissioner  regarding  (i)
barriers  to  certification,  if  any,  (ii)  the  number of uncertified
teachers teaching pre-kindergarten  in  the  district,  including  those
employed by a community-based organization, (iii) how long such teachers
have  been employed under transitional guidelines, and (iv) the expected
certification completion date of such teachers; provided further that by
February first, two thousand eighteen, the  commissioner  shall  approve
and  submit  to  the chairs of the assembly ways and means committee and
the senate finance committee and to the director of the budget a  report
containing the information pursuant to this paragraph;
  * NB Repealed June 30, 2020
  * d-2. guidelines which allow personnel employed by an eligible agency
that  is collaborating with a school district to provide prekindergarten

services and not licensed or  registered  by  the  department  or  other
agency,  to  meet  the  staff qualifications prescribed by such eligible
agency;  provided  however,  a   written   plan   is   established   for
prekindergarten  teachers  to  obtain a certificate valid for service in
early childhood grades within five years after commencing employment, or
by June thirtieth, two thousand twenty,  whichever  is  later,  provided
that  districts  must  submit a report to the commissioner regarding (i)
barriers to certification,  if  any,  (ii)  the  number  of  uncertified
teachers  teaching  pre-kindergarten  in  the  district, including those
employed by a community-based organization, (iii) how long such teachers
have been employed under transitional guidelines, and (iv) the  expected
certification completion date of such teachers; provided further that by
February  first,  two  thousand eighteen, the commissioner shall approve
and submit to the chairs of the assembly ways and  means  committee  and
the  senate finance committee and to the director of the budget a report
containing the information pursuant to this paragraph;
  * NB Repealed June 30, 2020
  e. health and safety standards;
  f. time requirements which reflect the needs of the individual  school
districts   for   flexibility,   but   meeting  a  minimum  weekly  time
requirement; provided, however, that the minimum weekly time requirement
for full-day programs shall be twenty-five hours, and the weekly minimum
time requirement for half-day programs  shall  be  twelve  and  one-half
hours;
  g. the staff/child ratio;
  h.  reasonable  grounds and basis for the non-acceptance of a proposal
submitted to the school district when the proposal otherwise  meets,  to
the  extent  applicable, all the regulations of the commissioner and the
requirements set forth in this  subdivision,  as  well  as  subdivisions
seven and eight of this section;
  i.  any other program components, such as health, nutrition or support
services, which the regents  deem  appropriate  and  necessary  for  the
appropriate and effective implementation of a prekindergarten program;
  j.  a  provision  for  a waiver of any inconsistent provisions of this
section or the regulations implementing this  section  to  allow  school
districts  that  operated  a targeted prekindergarten program in the two
thousand six--two thousand seven school year to continue to operate such
program pursuant to the regulations of the commissioner that applied  to
targeted  prekindergarten  programs  in such school year; provided that,
notwithstanding any other provision of this section to the contrary, the
amounts allocated to such targeted prekindergarten program  from  grants
awarded pursuant to this section shall not exceed the amount of targeted
prekindergarten  grant  funds  received  by  the  district  for  the two
thousand six--two thousand seven school year;
  k. a process by which a school district must submit an application;
  l. a definition of the approved expenditures for which grant funds may
be used, which shall  include  but  not  be  limited  to  transportation
services and lease expense or other appropriate facilities expenses; and
  m.  a  process  for  the  waiver  of the time requirements established
pursuant to this subdivision in order to authorize the  operation  of  a
summer  universal  prekindergarten program limited to the months of July
and August, upon a finding by the commissioner that the school  district
is  unable  to  operate  the  program  during the regular school session
because of a lack of available space  pursuant  to  regulations  of  the
commissioner. Notwithstanding any other provision of this section to the
contrary,  such  process  shall  provide  for a reduction of the aid per
prekindergarten pupil payable for pupils served pursuant to such  waiver
by  one  one-hundred  eightieth  of  the  aid  per prekindergarten pupil

determined pursuant to paragraph a of subdivision  ten  or  subparagraph
(i)  of  paragraph  b  of subdivision ten-a of this section for each day
less than one hundred eighty days that the summer program is in session.
  13.  Each  school  district  that  has  implemented  a prekindergarten
program shall on an annual basis report to the  board  of  regents,  the
commissioner,  parents,  teachers  and  the public on the status of such
program. Such annual report shall include a  financial  summary  of  the
approved expenditures of the program, as defined pursuant to paragraph l
of  subdivision  twelve  of this section, setting forth the expenditures
from state, local and other revenue  sources,  and  the  district  shall
maintain  documentation to insure that all grant funds are used for such
approved expenditures.
  14. On February fifteenth, two thousand, and annually thereafter,  the
commissioner and the board of regents shall include in its annual report
to  the  legislature  and  the governor, information on school districts
receiving grants under  this  section;  the  amount  of  each  grant;  a
description of the program that each grant supports and an assessment by
the  commissioner  of  the  extent to which the program meets measurable
outcomes  required  by  the  grant  program  or  regulations   of   such
commissioner;  and  any  other relevant information, which shall include
but not be limited to the following:
  a.  (i)  the  total  number  of  students   served   in   state-funded
district-operated  prekindergarten  programs,  (ii)  the total number of
students  served   in   state-funded   community-based   prekindergarten
programs,  (iii)  the  total  number  of students served in state-funded
half-day prekindergarten programs, and (iv) the total number of students
served in state-funded full-day prekindergarten programs;
  b. (i) the total number of  students  served  in  state,  federal  and
locally  funded  district-operated  prekindergarten  programs,  (ii) the
total number of students served in state,  federal  and  locally  funded
community-based  prekindergarten  programs,  (iii)  the  total number of
students  served  in  state,  federal  and   locally   funded   half-day
prekindergarten  programs,  and (iv) the total number of students served
in state, federal and locally funded full-day prekindergarten programs;
  c. the total spending on prekindergarten programs from state, federal,
and local sources;
  d. the total number  of  students  on  a  district  wait  list  for  a
prekindergarten slot in a state-funded prekindergarten program; and
  e.  for  each  program described in subparagraphs (i), (ii), (iii) and
(iv) of paragraph a of this subdivision, and  subparagraphs  (i),  (ii),
(iii)  and  (iv) of paragraph b of this subdivision, the total number of
students served with disabilities that have an individualized  education
plan  and,  of  those, the total number of students requiring any of the
following  approved  services:  special  education  itinerant  services;
special  class in an integrated setting; or a special class. Such report
shall also contain any recommendations to improve  or  otherwise  change
the program.
  15.  The  commissioner  shall also provide for a system for evaluation
and  assessment  of  the  prekindergarten  programs  which   have   been
implemented  to  determine the short and long-term success, outcomes and
effects of the programs based on  relevant  and  measurable  performance
standards.   The  commissioner  shall  prohibit  the  administration  of
traditional standardized tests, as defined in regulations issued by  the
commissioner,  in  prekindergarten  programs;  provided,  however,  that
nothing herein shall prohibit  assessments  in  which  students  perform
real-world tasks that demonstrate application of knowledge and skills or
assessments  that  are  otherwise required to be administered by federal
law.

  16. The grant payable to a school district pursuant to this section in
the current year shall be reduced by one one-hundred eightieth for  each
day less than one hundred eighty days that the universal prekindergarten
classes  of  the  district  were  actually  in  session, except that the
commissioner may disregard such reduction for any deficiency that may be
disregarded  in  computing  total foundation aid pursuant to subdivision
seven or eight of section thirty-six hundred four of this chapter and in
addition may disregard a reduction for any deficiency that is caused  by
a  delay  in the opening of public school classes due to extraordinarily
adverse weather conditions or other  cause  cited  in  such  subdivision
seven of section thirty-six hundred four that results in cancellation of
the prekindergarten program or of transportation to such program.
  17.  Approved  quality indicators. A school district receiving funding
pursuant  to  this  section  shall  agree  to  adopt  approved   quality
indicators  within  two  years, including, but not limited to, valid and
reliable   measures   of   environmental   quality,   the   quality   of
teacher-student  interactions  and  child  outcomes, and ensure that any
such assessment of child outcomes shall not be used to make  high-stakes
educational decisions for individual children.
  18.   Universal   prekindergarten  expansion  grants.  a.  Subject  to
available appropriation, any additional funding for pre-kindergarten  in
the  two  thousand  eighteen--two  thousand  nineteen  school  year  and
thereafter  shall  be  made  available   for   additional   grants   for
pre-kindergarten programs; provided that such grants shall be awarded to
school  districts to establish new full-day and half-day prekindergarten
placements. All school districts shall be eligible  to  apply  for  such
grants,  which  shall  be  awarded  based  on factors including, but not
limited to, the following: (i) measures of school  district  need,  (ii)
measures  of  the  need of students to be served by the school district,
(iii) the school district's proposal to target the highest-need  schools
and  students,  (iv)  the  extent to which the district's proposal would
prioritize funds to maximize the total number of  eligible  children  in
the  district  served  in  prekindergarten  programs,  and  (v) proposal
quality.
  b. Such grants shall only be available to support programs:  (i)  that
agree  to  offer  instruction  consistent with applicable New York state
prekindergarten early learning standards; and (ii) that otherwise comply
with all of the same rules and requirements as universal prekindergarten
programs pursuant to this section.
  c. A school district's grant shall equal the product of: (i)  (A)  two
multiplied  by  the  approved  number  of  new  full-day prekindergarten
placements plus (B) the  approved  number  of  half-day  prekindergarten
placement  conversions  and new half-day prekindergarten placements, and
(ii) the district's selected aid per prekindergarten pupil  pursuant  to
subparagraph  (i)  of  paragraph  b  of subdivision ten of this section;
provided, however, that no district shall receive a grant in  excess  of
the  total  actual  grant  expenditures  incurred by the district in the
current school year as approved by the commissioner.