NY Educ L § 3602-EE (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 1 - General Provisions 3602-EE - Statewide Universal Full-Day Pre-Kindergarten Program.

§  3602-ee.  Statewide universal full-day pre-kindergarten program. 1. The purpose of the universal full-day  pre-kindergarten  program  is  to incentivize   and   fund  state-of-the-art  innovative  pre-kindergarten programs and to encourage program creativity through competition.   2. All universal full-day pre-kindergarten programs shall  demonstrate quality on the following elements:  (a) curriculum;  (b) learning environment, materials and supplies;  (c) family engagement;  (d) staffing patterns;  (e) teacher education and experience;  (f) facility quality;  (g) physical well-being, health and nutrition; and  (h)   partnerships   with   non-profit,   community   and  educational institutions.   3. (a) The universal  full-day  pre-kindergarten  program  shall  make awards  to  (i)  consolidated applications submitted by school districts which include pre-kindergarten programs offered by  schools,  non-profit organizations, community-based organizations, charter schools, libraries and/or  museums, which shall demonstrate geographic diversity within the area to be served as well as diversity of providers; and (ii) non-profit organizations, community-based organizations, charter schools, libraries and museums, which may apply individually to the  extent  allowed  under paragraph  (b)  of  this  subdivision. Any consolidated application must include, but is not limited to, the names of  individual  locations  and providers, applicable licenses, facility lease information, and intended staffing plans and certifications.  (b)  Prior  to  submission  of  a  consolidated  application, a school district shall widely solicit non-profit organizations,  community-based organizations, charter schools, libraries and museums located within the school  district  to be included in its application. The school district shall notify any applicant who has been  denied  for  inclusion  in  the consolidated  application no later than two weeks prior to submission of such application. Such eligible providers denied for inclusion may apply individually as provided in paragraph (a) of this subdivision.  (c) The department shall establish two application periods in  advance of a school year.  (d)  Providers  awarded  slots  under  this section that they actually utilized would continue to have such slots renewed in  subsequent  years provided   the  program  meets  quality  standards  and  all  applicable requirements.   4. Programs that provide more stimulation, enhance  child  development and demonstrate creative approaches to improve early childhood education will have a competitive advantage in the application process.   5.  The  department shall develop a scoring system, which it shall use to evaluate which applications shall be funded on  a  competitive  basis based  on  merit  and  factors including but not limited to the criteria listed  above  and  student  and  community   need.   Upon   review   of applications,  if the program is oversubscribed in any region or regions of the state, the department shall notify the division  of  the  budget, which  shall  develop  a plan for distribution of available slots within any oversubscribed region. The subscription for the New York city region is three hundred million dollars. The department shall allocate full-day pre-kindergarten conversion  slots  and  new  full-day  pre-kindergarten slots   based   on  available  funding  and  shall  make  payments  upon documentation of eligible expenditures in the base year, which shall  be limited  to  the actual number of slots operated and paid on a per-pupil basis pursuant to subdivision fourteen of this section.    6. The department shall develop a statewide inspection protocol, which shall  provide  for  annual  inspections  of  all   universal   full-day pre-kindergarten  providers,  and  shall  develop  a  quality  assurance protocol and physical plant review protocol for such reviews.   7.  Statewide  universal full-day pre-kindergarten slots shall only be awarded to support programs that provide instruction for at  least  five hours  per school day for the full school year and that otherwise comply with the rules and requirements pursuant to section  thirty-six  hundred two-e of this part except as otherwise provided in this section.   8.  All  teachers  in  the universal full-day pre-kindergarten program shall meet the same teacher certification standards applicable to public schools. Pre-kindergarten teachers providing  instruction  through  this section shall possess:  (a)  a  teaching license or certificate valid for service in the early childhood grades; or  (b) a teaching license or certificate for students  with  disabilities valid for service in early childhood grades; or  (c) (i) for eligible agencies as defined in paragraph b of subdivision one  of  section  thirty-six  hundred  two-e  of  this part that are not schools, a bachelor's degree in early childhood education or  a  related field  and a written plan to obtain a certification valid for service in the early childhood grades as follows:  (1) for teachers hired on or after the effective date of this  section as  the  teacher  for  a  universal full-day pre-kindergarten classroom, within three years after  commencing  employment,  at  which  time  such certification shall be required for employment; and  (2) for teachers hired by such provider prior to the effective date of this  section  for other early childhood care and education programs, no later than June thirtieth, two thousand seventeen, at  which  time  such certification shall be required for employment.  (ii)  Provided  that, notwithstanding any provisions of this paragraph to the contrary, for the two thousand  seventeen-two  thousand  eighteen through  the  two  thousand  twenty-one--two  thousand twenty-two school years an exemption to the certification requirement of subparagraph  (i) of  this paragraph may be made for a teacher without certification valid for service in the early childhood grades who possesses a  written  plan to  obtain  certification and who has registered in the ASPIRE workforce registry as required under regulations of the commissioner of the office of children and family services. Notwithstanding any exemption  provided by  this subparagraph, certification shall be required for employment no later than June thirtieth, two thousand twenty-two;  provided  that  for the two thousand twenty-one--two thousand twenty-two school year, school districts  with  teachers  seeking  an  exemption  to  the certification requirement of subparagraph (i) of this paragraph shall submit a  report to the commissioner regarding (A) the barriers to certification, if any, (B)  the  number  of  uncertified  teachers  registered  in  the  ASPIRE workforce registry teaching pre-kindergarten in the district,  including those  employed  by  a  community-based  organization, (C) the number of previously uncertified teachers  who  have  completed  certification  as required  by  this  subdivision,  and  (D)  the  expected  certification completion date of such teachers.   9. The process by which applicants  submit  proposals  to  collaborate with  the  school  district  or  individually to the department, and the renewal process for such providers, shall take into account  any  record of   violations   of   health  and  safety  codes  and/or  licensure  or registration requirements. In addition, any agency that is cited  for  a violation  classified  as an "imminent danger" by the office of children and family services or as a "public health hazard" by the New York  city  department  of  health  and  mental  hygiene  which  is  not immediately corrected and which is not of a life  threatening  or  of  a  grave  and serious  nature  shall  be  suspended  from  the program and, upon final determination  of  such violation by the regulating agency, suspended or terminated from participating in the program under this section based on the severity of the violation. Provided further, that eligible  agencies with  a  record  of other serious or critical and/or repeated violations that pose a risk to health or safety shall, upon final determination  of such  violations,  be  suspended or terminated from participating in the program under this section,  and  the  office  of  children  and  family services  shall  establish  statewide  standards  for  determining  such grounds for such suspension or termination based on violations issued by the applicable regulatory agency.   10. Notwithstanding any provision of law to the contrary, a  universal full-day pre-kindergarten provider shall be inspected by the department, the  school  district with which it partners, if any, and its respective licensing, permitting, regulatory, oversight, registration or  enrolling agency  or  entity no fewer than two times per school year, at least one inspection  of  which  shall  be  performed  by  the  eligible  agency's respective licensing, permitting, regulatory, oversight, registration or enrolling agency, as applicable.   11.  Facilities  providing  universal  full-day pre-kindergarten under this section shall meet all applicable fire safety  and  building  codes and  any  applicable facility requirements of a state or local licensing or registering agency and at  all  times  shall  maintain  building  and classroom  space  in  a  manner that ensures and protects the health and safety of  students  in  all  programs  statewide,  notwithstanding  any changes in such applicable codes or requirements.   12.  Notwithstanding  paragraph  (a)  of  subdivision  one  of section twenty-eight hundred fifty-four of this chapter  and  paragraph  (c)  of subdivision  two  of  section  twenty-eight  hundred  fifty-four of this chapter, charter schools shall be eligible to participate  in  universal full-day pre-kindergarten programs under this section, provided that all such  monitoring, programmatic review and operational requirements under this section shall be the responsibility of the charter entity and shall be consistent with the requirements  under  article  fifty-six  of  this chapter.  The  provisions of paragraph (b) of subdivision two of section twenty-eight hundred fifty-four of  this  chapter  shall  apply  to  the admission    of    pre-kindergarten    students,   except   parents   of pre-kindergarten children may submit applications for the  two  thousand fourteen--two thousand fifteen school year by a date to be determined by the  charter  school  upon  selection  to  participate  in the universal full-day pre-kindergarten program. The limitations on the employment  of uncertified  teachers  under  paragraph  (a-1)  of  subdivision three of section twenty-eight hundred fifty-four of this chapter shall  apply  to all teachers from pre-kindergarten through grade twelve.   13. Apportionments under this section shall only be used to supplement and  not  supplant current local expenditures of federal, state or local funds on pre-kindergarten programs and  the  number  of  slots  in  such programs from such sources. Current local expenditures shall include any local  expenditures  of federal, state or local funds used to supplement or extend  services  provided  directly  or  via  contract  to  eligible children  enrolled  in  a universal pre-kindergarten program pursuant to section thirty-six hundred two-e of this part.   14. (a) The award  per  pupil  for  an  eligible  entity  pursuant  to subdivision three of this section shall equal: (i) for each new full-day pre-kindergarten  placement  the lesser of the full-day pre-kindergarten per pupil amount or the total approved expenditures per pupil  and  (ii)  for  each  existing half-day pre-kindergarten placement converted into a full-day pre-kindergarten placement  the  lesser  of  (A)  the  positive difference  of  the full-day pre-kindergarten per pupil amount minus the district's   selected   aid   per  pre-kindergarten  pupil  pursuant  to subparagraph (i) of paragraph b of subdivision ten of section thirty-six hundred two-e of this part or (B) the positive difference of  the  total approved  expenditures  per  pupil minus the district's selected aid per pre-kindergarten pupil pursuant to subparagraph (i) of  paragraph  b  of subdivision  ten  of section thirty-six hundred two-e of this part. Each participating eligible entity pursuant  to  subdivision  three  of  this section  shall  provide  its  expenses  under this provision in a format prescribed by the commissioner.  (b) For the purposes of this section, "full-day  pre-kindergarten  per pupil  amount"  shall mean (i) for pupils enrolled in programs where the teacher of record for such pupil holds a teaching certificate issued  by the  commissioner  in  an  appropriate  certificate  title, ten thousand dollars, and (ii) for pupils enrolled in programs where the  teacher  of record for such pupil does not hold a teaching certificate issued by the commissioner   in  an  appropriate  certificate  title,  seven  thousand dollars.  (c) For the purposes of this section, "teacher of record"  shall  mean the  teacher  who  is primarily and directly responsible for a student's learning  activities,  as  reported  to  the  department  in  a   manner prescribed by the commissioner.   15.  Definitions.  For  the  purpose  of  this  section, the following definitions shall apply:  (a) "regions of the state" shall mean:  (i) Capital Region: Includes  Albany,  Columbia,  Greene,  Rensselaer, Saratoga, Schenectady, Warren, and Washington counties.  (ii)  Central  New  York  Region:  Includes Cayuga, Cortland, Madison, Onondaga and Oswego counties.  (iii) Finger  Lakes  Region:  Includes  Genesee,  Livingston,  Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming and Yates counties.  (iv) Long Island Region: Includes Nassau and Suffolk counties.  (v)  Mid-Hudson  Region:  Includes Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties.  (vi) Mohawk Valley  Region:  Includes  Fulton,  Herkimer,  Montgomery, Oneida, Otsego and Schoharie counties.  (vii)  New  York  City Region: Includes Bronx, Kings, New York, Queens and Richmond counties.  (viii)  North  Country  Region:  Includes  Clinton,  Essex,  Franklin, Hamilton, Jefferson, Lewis and St. Lawrence counties.  (ix)   Southern  Tier  Region:  Includes  Broome,  Chemung,  Chenango, Delaware, Schuyler, Steuben, Tioga and Tompkins counties.  (x)  Western  New  York  Region:   Includes   Allegany,   Cattaraugus, Chautauqua, Erie and Niagara counties.  (b) "community-based organization" shall mean a provider of child care and  early  education,  a  day care provider, early childhood program or center, approved preschool special  education  program,  Head  Start  or other such community-based organization.   16.  The  authority  of  the  department  to  administer the universal full-day pre-kindergarten  program  shall  expire  June  thirtieth,  two thousand twenty-two; provided that the program shall continue and remain in full effect.   17. Notwithstanding any inconsistent provision of law to the contrary, for  the  purposes  of determining the prekindergarten allocation on the electronic  data  file  prepared  by  the   commissioner   pursuant   to subdivision twenty-one of section three hundred five of this chapter for  the   two   thousand  nineteen--two  thousand  twenty  school  year  and thereafter, the commissioner is directed to include  the  grant  amounts awarded pursuant to this section in the amount set forth for such school district as "UNIVERSAL PRE-KINDERGARTEN."