N.Y. Educ. Law § 3602-e

§ 3602-e. Universal prekindergarten program. 1. Definitions. For the\npurposes of this section, the following terms shall have the following\nmeanings:\n a. "School district" shall mean all public school districts eligible\nfor total foundation aid pursuant to subdivision four of section three\nthousand six hundred two of this article, such term shall not include\nboards of cooperative educational services.\n b. "Eligible agencies" shall mean a provider of child care and early\neducation, a day care provider, early childhood program or center, or\ncommunity-based organization, including but not limited to approved\npre-school special education programs, head start, and nursery schools\nso long as the standards and qualifications set forth pursuant to\nsubdivision twelve of this section have been met.\n c. "Eligible children" shall mean resident children who are four years\nof age on or before December first of the year in which they are\nenrolled or who will otherwise be first eligible to enter public school\nkindergarten commencing with the following school year.\n d. "Pre-kindergarten program plan" shall mean a plan approved by the\nboard of education or, in the case of a school district having a\npopulation of one million or more, by the community superintendent and\nthe chancellor that is designed to effectively serve eligible children\ndirectly through the school district or through collaborative efforts\nbetween the school district and an eligible agency or agencies.\n e. "Session" shall mean one universal prekindergarten program class\noperating pursuant to time, staff ratio and other regulatory\nrequirements as set forth by the board of regents and the commissioner\nfor such purpose.\n 2. The commissioner is hereby authorized and directed to award grants\nfor the establishment and implementation of a prekindergarten program to\nserve eligible children.\n 5. In any school district, other than the city school district of the\ncity of New York, that seeks an apportionment pursuant to this section,\nthe school district shall develop and submit an application pursuant to\nthe rules and regulations adopted by the board of regents and the\ncommissioner for such purpose. Such application shall be submitted by a\ndate and in a form prescribed by the commissioner pursuant to\nsubdivision eight of this section, including the program elements as\nprovided for in subdivision seven of this section and shall be\nconsistent with the plan adopted by the district.\n a. If the school district chooses to coordinate proposals for\nprekindergarten program services, it shall conduct a competitive process\nin accordance with procedures set forth by the commissioner and with the\nrequirements and regulations set forth in, and pursuant to, subdivisions\nseven, eight and twelve of this section.\n b. An application developed by coordinating proposals submitted by\neligible agencies pursuant to a competitive process shall ensure\ndelivery of prekindergarten program services in an effective, efficient\nand non-duplicative manner.\n c. The results of the competitive process for prekindergarten program\nservices shall be made public at a regular meeting of the board of\neducation. An eligible agency may request a written statement from the\nboard of education stating why the application was not accepted.\n d. Notwithstanding any other provision of law, the school districts\nshall be authorized to enter any contractual or other arrangements\nnecessary to implement the district's prekindergarten plan.\n e. Not less than ten percent of the total grant award to the school\ndistrict shall be set aside for collaborative efforts with eligible\nagencies, provided that the commissioner may waive such set aside\nrequirement based upon documented evidence that the school district was\nunable to use the set aside to make a collaborative arrangement that\nwould meet all requirements of this subdivision because of\nunavailability of eligible agencies willing to collaborate or other\nfactors beyond the control of the school district, or for school\ndistricts which have fully implemented a universal prekindergarten\nprogram by serving all eligible four year olds in the nineteen hundred\nninety-eight--ninety-nine school year and due to parental choice the ten\npercent set aside requirement exceeds the total of the district's aid\nper kindergarten pupil multiplied by the number of pre-kindergarten\npupils in collaborative programs. In such cases, school districts shall\nset aside, for collaborative efforts with eligible agencies, the total\nof the district's aid per kindergarten pupil multiplied by the number of\nprekindergarten pupils in collaborative programs.\n f. Notwithstanding any other provisions of this section to the\ncontrary, two or more school districts may submit a joint application to\noperate a joint universal prekindergarten program. For purposes of\nparagraph e of this subdivision and all other provisions of this section\nexcept subdivision ten, all references to a school district shall be\ndeemed a reference to all school districts participating in such joint\nprogram as if they were a single district. For purposes of subdivision\nten of this section, the grant award for the joint program shall be the\nsum of the grant awards computed for each participating district\npursuant to such subdivision ten.\n 6. In the city school district of the city of New York, if a community\nschool superintendent seeks to receive an apportionment pursuant to this\nsection, the community school superintendent shall submit such plan to\nthe chancellor for adoption, modification or rejection.\n a. If the chancellor adopts such plan as submitted or as modified by\nthe chancellor, the chancellor shall submit an application in accordance\nwith subdivision five of this section.\n b. If the chancellor rejects such plan, he or she shall notify the\ncommunity superintendent in writing and shall state the reasons for such\nrejection.\n The community superintendent may modify and resubmit such application\nto the chancellor for adoption.\n 7. In order to receive approval from the commissioner to implement a\nprekindergarten program, applications and proposals shall demonstrate\nthat the program to be implemented contains, at a minimum, the following\ncomponents:\n a. provides for an age and developmentally appropriate curriculum and\nactivities which are learner-centered;\n b. provides for an assessment of the development of language,\ncognitive and social skills;\n c. ensures continuity in the program with instruction in the early\nelementary grades;\n d. encourages children to be self-assured and independent;\n e. encourages the co-location and integration of children with special\nneeds;\n f. utilizes staff who meet the qualifications set forth pursuant to\nthe rules of the board of regents;\n g. provides for strong parental partnerships and involvement in the\nimplementation of and participation in the plan;\n h. provides staff development and teacher training for staff and\nteachers in all settings in which prekindergarten services are provided\npursuant to this section; and\n i. establishes a method for selection of eligible children to receive\nprekindergarten program services on a random selection basis where there\nare more eligible children than can be served in a given school year,\nprovided, however, that a school district that operated a targeted\nprekindergarten program in the base year may use the selection process\nestablished for such program.\n 8. Each application for a prekindergarten program pursuant to this\nsection shall be on a form prescribed by the commissioner and shall\ninclude, but not be limited to:\n a. a prekindergarten program plan identifying specific goals,\nincluding how the district will expand its program to assure that all\neligible children may be served, and a proposed timetable for the\nimplementation and achievement of such goals;\n b. a proposed budget and a description of the proposed use of the\ngrant funds including the mechanism for the distribution of such funds;\n c. the local share to be used, as defined by the commissioner, which\nmay include resources which may be available from the community;\n d. the participation and contribution of each of the collaborative\npartners; and\n e. a description of any costs associated with the administration of\nthe program.\n 9. a. Each year, the commissioner shall determine the maximum\nallocation that each district would be eligible to receive pursuant to\nthis section in the following school year based on pupil data on file\nwith the commissioner on a date prescribed by the commissioner, and\napplying the formula specified in subdivision ten of this section. No\nlater than April thirtieth of the base year, the commissioner shall\nnotify districts of the maximum allocations they may be eligible for\npursuant to this section in the following school year, and such maximum\nallocations shall be deemed final and not subject to change thereafter.\n b. The board of regents and the commissioner shall develop criteria\nfor awarding all grants pursuant to this section. The commissioner shall\ngive preference to those applications which demonstrate innovative\nmethods for serving eligible children, are strong collaborative\narrangements which maximize, to the extent possible, the utilization of\nexisting resources of the school district, eligible agencies and the\ncommunity, have an immediate capacity for providing services, and which\ncan most effectively address the prekindergarten needs of each of the\neligible children.\n 10. Universal prekindergarten aid. Notwithstanding any provision of\nlaw to the contrary, for aid payable in the two thousand eight--two\nthousand nine school year, the grant to each eligible school district\nfor universal prekindergarten aid shall be computed pursuant to this\nsubdivision, and for the two thousand nine--two thousand ten and two\nthousand ten--two thousand eleven school years, each school district\nshall be eligible for a maximum grant equal to the amount computed for\nsuch school district for the base year in the electronic data file\nproduced by the commissioner in support of the two thousand nine--two\nthousand ten education, labor and family assistance budget, provided,\nhowever, that in the case of a district implementing programs for the\nfirst time or implementing expansion programs in the two thousand\neight--two thousand nine school year where such programs operate for a\nminimum of ninety days in any one school year as provided in section\n151-1.4 of the regulations of the commissioner, for the two thousand\nnine--two thousand ten and two thousand ten--two thousand eleven school\nyears, such school district shall be eligible for a maximum grant equal\nto the amount computed pursuant to paragraph a of subdivision nine of\nthis section in the two thousand eight--two thousand nine school year,\nand for the two thousand eleven--two thousand twelve school year each\nschool district shall be eligible for a maximum grant equal to the\namount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"\nunder the heading "2011-12 ESTIMATED AIDS" in the school aid computer\nlisting produced by the commissioner in support of the enacted budget\nfor the 2011-12 school year and entitled "SA111-2", and for two thousand\ntwelve--two thousand thirteen through two thousand fifteen--two thousand\nsixteen school years each school district shall be eligible for a\nmaximum grant equal to the greater of (i) the amount set forth for such\nschool district as "UNIVERSAL PREKINDERGARTEN" under the heading\n"2010-11 BASE YEAR AIDS" in the school aid computer listing produced by\nthe commissioner in support of the enacted budget for the 2011-12 school\nyear and entitled "SA111-2", or (ii) the amount set forth for such\nschool district as "UNIVERSAL PREKINDERGARTEN" under the heading\n"2010-11 BASE YEAR AIDS" in the school aid computer listing produced by\nthe commissioner on May fifteenth, two thousand eleven pursuant to\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter, and provided further that the maximum grant shall not\nexceed the total actual grant expenditures incurred by the school\ndistrict in the current school year as approved by the commissioner.\n a. Each school district shall be eligible to receive a grant amount\nequal to the sum of (i) its prekindergarten aid base plus (ii) the\nproduct of its selected aid per prekindergarten pupil multiplied by the\npositive difference, if any of the number of aidable prekindergarten\npupils served in the current year, as determined pursuant to regulations\nof the commissioner, less the base aidable prekindergarten pupils\ncalculated pursuant to this subdivision for the two thousand seven--two\nthousand eight school year, based on data on file for the school aid\ncomputer listing produced by the commissioner in support of the enacted\nbudget for the two thousand seven--two thousand eight school year and\nentitled "SA070-8". Provided, however, that in computing an\napportionment pursuant to this paragraph, for districts where the number\nof aidable prekindergarten pupils served is less than the number of\nunserved prekindergarten pupils, such grant amount shall be the lesser\nof such sum computed pursuant to this paragraph or the maximum\nallocation computed pursuant to subdivision nine of this section.\n b. For purposes of paragraph a of this subdivision:\n (i) "Selected aid per prekindergarten pupil" shall equal the greater\nof (A) the product of five-tenths and the school district's selected\nfoundation aid for the current year, or (B) the aid per prekindergarten\npupil calculated pursuant to this subdivision for the two thousand\nsix-two thousand seven school year, based on data on file for the school\naid computer listing produced by the commissioner in support of the\nenacted budget for the two thousand six--two thousand seven school year\nand entitled "SA060-7"; provided, however, that in the two thousand\neight--two thousand nine school year, a city school district in a city\nhaving a population of one million inhabitants or more shall not be\neligible to select aid per prekindergarten pupil pursuant to clause (A)\nof this subparagraph;\n (ii) "Base aidable prekindergarten pupils". "Base aidable\nprekindergarten pupils" shall equal the sum of the base aidable\nprekindergarten pupils calculated pursuant to this subdivision for the\nbase year, based on data on file for the school aid computer listing\nproduced by the commissioner in support of the enacted budget for the\nbase year, plus the additional aidable prekindergarten pupils calculated\npursuant to this subdivision for the base year, based on data on file\nfor the school aid computer listing produced by the commissioner in\nsupport of the enacted budget for the base year;\n (iii) "Unserved prekindergarten pupils" shall mean the product of\neighty-five percent multiplied by the positive difference, if any,\nbetween the sum of the public school enrollment and the nonpublic school\nenrollment of children attending full day and half day kindergarten\nprograms in the district in the year prior to the base year less the\nnumber of resident children who attain the age of four before December\nfirst of the base year, who were served during such school year by a\nprekindergarten program approved pursuant to section forty-four hundred\nten of this chapter, where such services are provided for more than four\nhours per day;\n (iv) "Additional aidable prekindergarten pupils". For the two thousand\nseven--two thousand eight through two thousand eight--two thousand nine\nschool years, "additional aidable prekindergarten pupils" shall equal\nthe product of (A) the positive difference, if any, of the unserved\nprekindergarten pupils less the base aidable prekindergarten pupils\nmultiplied by (B) the prekindergarten phase-in factor;\n (v) the "prekindergarten aid base" shall mean the sum of the amounts\nthe school district received for the two thousand six--two thousand\nseven school year for grants awarded pursuant to this section and for\ntargeted prekindergarten grants;\n (vi) The "prekindergarten phase-in factor". For the two thousand\neight--two thousand nine school year, the prekindergarten phase-in\nfactor shall equal the positive difference, if any, of the pupil need\nindex computed pursuant to subparagraph three of paragraph a of\nsubdivision four of section thirty-six hundred two of this part less\none, provided, however, that: (A) for any district where (1) the maximum\nallocation computed pursuant to subdivision nine of this section for the\nbase year is greater than zero and (2) the amount allocated pursuant to\nthis subdivision for the base year, based on data on file for the school\naid computer listing produced by the commissioner on February fifteenth\nof the base year, pursuant to paragraph b of subdivision twenty-one of\nsection three hundred five of this chapter, is greater than the positive\ndifference, if any, of such maximum allocation for the base year less\ntwenty-seven hundred, the prekindergarten phase-in factor shall not\nexceed eighteen percent, and shall not be less than ten percent, and (B)\nfor any district not subject to the provisions of clause (A) of this\nsubparagraph where (1) the amount allocated pursuant to this subdivision\nfor the base year is equal to zero or (2) the amount allocated pursuant\nto this section for the base year, based on data on file for the school\naid computer listing produced by the commissioner on February fifteenth\nof the base year, pursuant to paragraph b of subdivision twenty-one of\nsection three hundred five of this chapter, is less than or equal to the\namount allocated pursuant to this section for the year prior to the base\nyear, based on data on file for the school aid computer listing produced\nby the commissioner on February fifteenth of the base year, pursuant to\nparagraph b of subdivision twenty-one of section three hundred five of\nthis chapter, the prekindergarten phase-in factor shall equal zero, and\n(C) for any district not subject to the provisions of clause (A) or (B)\nof this subparagraph, the prekindergarten phase-in factor shall not\nexceed thirteen percent, and shall not be less than seven percent;\n (vii) "Base year" shall mean the base year as defined pursuant to\nsubdivision one of section thirty-six hundred two of this part.\n c. Notwithstanding any other provision of this section, the total\ngrant payable pursuant to this section shall equal the lesser of: (i)\nthe total grant amounts computed pursuant to this subdivision for the\ncurrent year, based on data on file with the commissioner as of\nSeptember first of the school year immediately following or (ii) the\ntotal actual grant expenditures incurred by the school district as\napproved by the commissioner.\n 11. Notwithstanding the provisions of subdivision ten of this section,\nwhere the district serves fewer children during the current year than\nthe lesser of the children served in the two thousand ten--two thousand\neleven school year or its base aidable prekindergarten pupils computed\nfor the two thousand seven--two thousand eight school year, the school\ndistrict shall have its apportionment reduced in an amount proportional\nto such deficiency in the current year or in the succeeding school year,\nas determined by the commissioner, except such reduction shall not apply\nto school districts which have fully implemented a universal\npre-kindergarten program by making such program available to all\neligible children. Expenses incurred by the school district in\nimplementing a pre-kindergarten program plan pursuant to this\nsubdivision shall be deemed ordinary contingent expenses.\n 12. The board of regents and the commissioner shall be authorized to\nadopt regulations to implement the provisions of this section and which\nshall prescribe uniform quality standards for such prekindergarten\nprograms. In developing such regulations, the board of regents and the\ncommissioner shall consider and seek to coordinate any regulations which\nmay currently be applicable to any existing programs or eligible\nagencies. In addition, the regents when developing regulations shall\nconsider and recognize the diversity of settings and models available\nfor the delivery of prekindergarten programs operated by eligible\nagencies in alternative settings, including libraries and community\nbased organizations, that comply with this section. Such regulations\nshall include but not be limited to:\n a. minimum qualifications for personnel providing instructional and\nother services in prekindergarten programs. In promulgating such\nregulations, the commissioner and the board of regents shall take into\naccount the availability of certified teachers and teaching assistants\nto provide instruction in prekindergarten programs and shall consider\nways to increase the pool of qualified personnel;\n b. minimum curriculum standards that ensure that such programs have\nstrong instructional content that is integrated with the school\ndistrict's instructional program in grades kindergarten though twelve;\n c. performance standards for prekindergarten programs, which shall\ninclude procedures for assessing the performance of such programs and\nestablishing mechanisms for tracking progress of such programs and\nreporting such progress to parents of prekindergarten students and the\npublic;\n * d. transitional guidelines and rules which allow a program to meet\nthe required staff qualifications and any other requirements set forth\npursuant to this section and regulations adopted by the board of regents\nand the commissioner;\n * NB Effective June 30, 2017\n * d-1. guidelines which allow personnel employed by an eligible agency\nthat is collaborating with a school district to provide prekindergarten\nservices and licensed by an agency other than the department, to meet\nthe staff qualifications prescribed by the licensing or registering\nagency; provided however, a written plan is established for\nprekindergarten teachers to obtain a certificate valid for service in\nearly childhood grades within five years after commencing employment, or\nby June thirtieth, two thousand seventeen, whichever is later;\n * NB Repealed June 30, 2017\n * d-2. guidelines which allow personnel employed by an eligible agency\nthat is collaborating with a school district to provide prekindergarten\nservices and not licensed or registered by the department or other\nagency, to meet the staff qualifications prescribed by such eligible\nagency; provided however, a written plan is established for\nprekindergarten teachers to obtain a certificate valid for service in\nearly childhood grades within five years after commencing employment, or\nby June thirtieth, two thousand seventeen, whichever is later;\n * NB Repealed June 30, 2017\n e. health and safety standards;\n f. time requirements which reflect the needs of the individual school\ndistricts for flexibility, but meeting a minimum weekly time\nrequirement;\n g. the staff/child ratio;\n h. reasonable grounds and basis for the non-acceptance of a proposal\nsubmitted to the school district when the proposal otherwise meets, to\nthe extent applicable, all the regulations of the commissioner and the\nrequirements set forth in this subdivision, as well as subdivisions\nseven and eight of this section;\n i. any other program components, such as health, nutrition or support\nservices, which the regents deem appropriate and necessary for the\nappropriate and effective implementation of a prekindergarten program;\n j. a provision for a waiver of any inconsistent provisions of this\nsection or the regulations implementing this section to allow school\ndistricts that operated a targeted prekindergarten program in the two\nthousand six--two thousand seven school year to continue to operate such\nprogram pursuant to the regulations of the commissioner that applied to\ntargeted prekindergarten programs in such school year; provided that,\nnotwithstanding any other provision of this section to the contrary, the\namounts allocated to such targeted prekindergarten program from grants\nawarded pursuant to this section shall not exceed the amount of targeted\nprekindergarten grant funds received by the district for the two\nthousand six--two thousand seven school year;\n k. a process by which a school district must submit an application;\n l. a definition of the approved expenditures for which grant funds may\nbe used, which shall include but not be limited to transportation\nservices and lease expense or other appropriate facilities expenses; and\n m. a process for the waiver of the time requirements established\npursuant to this subdivision in order to authorize the operation of a\nsummer universal prekindergarten program limited to the months of July\nand August, upon a finding by the commissioner that the school district\nis unable to operate the program during the regular school session\nbecause of a lack of available space pursuant to regulations of the\ncommissioner. Notwithstanding any other provision of this section to the\ncontrary, such process shall provide for a reduction of the aid per\nprekindergarten pupil payable for pupils served pursuant to such waiver\nby one one-hundred eightieth of the aid per prekindergarten pupil\ndetermined pursuant to paragraph a of subdivision ten or subparagraph\n(i) of paragraph b of subdivision ten-a of this section for each day\nless than one hundred eighty days that the summer program is in session.\n 13. Each school district that has implemented a prekindergarten\nprogram shall on an annual basis report to the board of regents, the\ncommissioner, parents, teachers and the public on the status of such\nprogram. Such annual report shall include a financial summary of the\napproved expenditures of the program, as defined pursuant to paragraph l\nof subdivision twelve of this section, setting forth the expenditures\nfrom state, local and other revenue sources, and the district shall\nmaintain documentation to insure that all grant funds are used for such\napproved expenditures.\n 14. On February fifteenth, two thousand, and annually thereafter, the\ncommissioner and the board of regents shall include in its annual report\nto the legislature, information on school districts receiving grants\nunder this section; the amount of each grant; a description of the\nprogram that each grant supports and an assessment by the commissioner\nof the extent to which the program meets measurable outcomes required by\nthe grant program or regulations of such commissioner; and any other\nrelevant information. Such report shall also contain any recommendations\nto improve or otherwise change the program.\n 15. The commissioner shall also provide for a system for evaluation\nand assessment of the prekindergarten programs which have been\nimplemented to determine the short and long-term success, outcomes and\neffects of the programs based on relevant and measurable performance\nstandards. The commissioner shall prohibit the administration of\ntraditional standardized tests, as defined in regulations issued by the\ncommissioner, in prekindergarten programs; provided, however, that\nnothing herein shall prohibit assessments in which students perform\nreal-world tasks that demonstrate application of knowledge and skills or\nassessments that are otherwise required to be administered by federal\nlaw.\n 16. The grant payable to a school district pursuant to this section in\nthe current year shall be reduced by one one-hundred eightieth for each\nday less than one hundred eighty days that the universal prekindergarten\nclasses of the district were actually in session, except that the\ncommissioner may disregard such reduction for any deficiency that may be\ndisregarded in computing total foundation aid pursuant to subdivision\nseven or eight of section thirty-six hundred four of this chapter and in\naddition may disregard a reduction for any deficiency that is caused by\na delay in the opening of public school classes due to extraordinarily\nadverse weather conditions or other cause cited in such subdivision\nseven of section thirty-six hundred four that results in cancellation of\nthe prekindergarten program or of transportation to such program.\n