NY Educ L § 3602-E (2021)
2021 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,  each  school district shall be eligible to receive a grant amount equal to the amount set forth for such  school  district  as  "UNIVERSAL PREKINDERGARTEN  ALLOCATION"  on  the  computer  file  produced  by  the commissioner in support  of  the  enacted  budget  for  the  prior  year excluding  amounts  subject to section thirty-six hundred two-ee of this part, and provided further that the maximum grant shall not  exceed  the total  actual  grant expenditures incurred by the school district in the current school year as approved by the commissioner, and  (viii) for the two thousand twenty-one--two thousand twenty-two school year 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  excluding  amounts  subject  to  section thirty-six hundred two-ee of this part  and  further  excluding  amounts paid  pursuant  to  subdivision  nineteen  of  this section plus (B) the Full-day 4-Year-Old Universal Prekindergarten Expansion  added  pursuant to  paragraph  e  of subdivision nineteen of this section, provided that such school district has met all requirements pursuant to  this  section and  such  grants shall be added into a four-year-old grant amount based on the amount each district was eligible to receive in the base year  to serve  four-year-old prekindergarten pupils, plus (C) the amount awarded to such school district, subject to an available appropriation,  through the  prekindergarten  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 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;   For the two thousand twenty-one--two thousand twenty-two  school  year and  thereafter,  the  sum  of,  from  the  programs  pursuant  to  this subdivision,   (1)   the   maximum   aidable   full-day    four-year-old prekindergarten  pupils  such district was eligible to serve in the base year, plus (2) the maximum  aidable  number  of  half-day  four-year-old prekindergarten pupils converted into full-day prekindergarten pupils in the base year, plus (3) expansion slots added pursuant to paragraph e of subdivision nineteen of this section.  (2)  "Eligible  full-day  three-year-old prekindergarten pupils" shall equal:   For the two thousand nineteen--two thousand twenty  school  year,  the sum  of,  from each of (A) the expanded prekindergarten program, (B) the expanded prekindergarten program for three-year-olds, (C)  the  expanded prekindergarten  program  for  three-  and  four-year-olds,  and (D) the prekindergarten  expansion  grant,  (1)  the  maximum  aidable  full-day three-year-old  prekindergarten  pupils  such  district  was eligible to serve in the base year, plus (2) the maximum aidable number of  half-day three-year-old    prekindergarten   pupils   converted   into   full-day prekindergarten pupils in the base year;   For the two thousand twenty--two thousand twenty-one school  year  and thereafter,  the  sum of, from each of (A) the programs pursuant to this section, and (B) the prekindergarten expansion grant,  (1)  the  maximum aidable full-day three-year-old prekindergarten pupils such district was  eligible  to serve in the base year, plus (2) the maximum aidable number of  half-day  three-year-old  prekindergarten  pupils   converted   into full-day prekindergarten pupils in the base year;  (iii)  (1)  "Eligible  half-day  four-year-old prekindergarten pupils" shall equal:   For the two thousand seventeen--two thousand eighteen school year  the sum of the maximum aidable half-day prekindergarten pupils such district was eligible to serve for the base year from (A) the program pursuant to this   section   plus   such  pupils  from  (B)  the  priority  full-day prekindergarten program, less the maximum  aidable  number  of  half-day prekindergarten  pupils  converted  into full-day prekindergarten pupils under the priority full-day prekindergarten program for the base year;   For the two thousand eighteen--two thousand nineteen school year,  the maximum  aidable  half-day  prekindergarten  pupils  such  district  was eligible to serve for the base year from the program  pursuant  to  this section;   For  the  two  thousand nineteen--two thousand twenty school year, the sum of the maximum aidable half-day four-year-old prekindergarten pupils such district was eligible to serve for  the  base  year  from  (A)  the program  pursuant to this section plus such pupils from (B) the expanded prekindergarten  program  plus  such  pupils  from  (C)   the   expanded prekindergarten  program  for three- and four-year-olds plus such pupils from (D) the prekindergarten  expansion  grant,  less  the  sum  of  the maximum  aidable number of half-day four-year-old prekindergarten pupils converted into full-day four-year-old prekindergarten pupils under  each of (1) the federal preschool expansion grant for the base year plus such pupils  from  (2)  the expanded prekindergarten program plus such pupils from  (3)  the  expanded  prekindergarten   program   for   three-   and four-year-olds  plus  such pupils from (4) the prekindergarten expansion grant for the base year;   For the two thousand twenty--two thousand twenty-one school  year  and thereafter,  the  sum  of  the  maximum  aidable  half-day four-year-old prekindergarten pupils such district was eligible to serve for the  base year from (A) the program pursuant to this section plus such pupils from (B)  the  pre-kindergarten  expansion  grant,  less  the maximum aidable number of half-day four-year-old prekindergarten pupils  converted  into full-day  four-year-old prekindergarten pupils under the prekindergarten expansion grant for the base year;  (2) "Eligible half-day three-year-old  prekindergarten  pupils"  shall equal:   For  the  two  thousand nineteen--two thousand twenty school year, the sum of  the  maximum  aidable  half-day  three-year-old  prekindergarten pupils  such  district  was eligible to serve for the base year from (A) the expanded prekindergarten program  plus  such  pupils  from  (B)  the expanded  prekindergarten  for three-year-olds plus such pupils from (C) the expanded prekindergarten program for three- and four-year-olds  plus such  pupils  from (D) the prekindergarten expansion grant, less the sum of the maximum aidable number of half-day three-year-old prekindergarten pupils converted into  full-day  three-year-old  prekindergarten  pupils under  each of (1) the expanded prekindergarten program plus such pupils from (2) the expanded  prekindergarten  for  three-year-olds  plus  such pupils  from  (3)  the  expanded  prekindergarten program for three- and four-year-olds plus such pupils from (4) the  prekindergarten  expansion grant for the base year;   For  the  two thousand twenty--two thousand twenty-one school year and thereafter, the sum  of  the  maximum  aidable  half-day  three-year-old prekindergarten  pupils such district was eligible to serve for the base year from (A) the program pursuant to this section plus such pupils from  (B) the prekindergarten expansion grant, less the maximum aidable number of  half-day  three-year-old  prekindergarten  pupils   converted   into full-day three-year-old prekindergarten pupils under the prekindergarten expansion grant for the base year;  (iv)  "Unserved  four-year-old  prekindergarten pupils" shall mean the product of eighty-five percent multiplied by the positive difference, if any, between the sum of the public school enrollment and  the  nonpublic school   enrollment   of  children  attending  full  day  and  half  day kindergarten programs in the district in the year prior to the base year less the number of resident children who attain the age of  four  before December first of the base year, who were served during such school year by  a  prekindergarten  program  approved pursuant to section forty-four hundred ten of this chapter, where such services are provided  for  more than four hours per day;  (v)  (1)  "Prekindergarten  four-year-old  maintenance of effort base" shall mean the number of eligible full-day four-year-old prekindergarten pupils set forth for the district in this paragraph plus the product  of one   half   (0.5)   multiplied  by  the  number  of  eligible  half-day four-year-old prekindergarten pupils set forth for the district in  this paragraph;  (2)  "Prekindergarten three-year-old maintenance of effort base" shall mean the number  of  eligible  full-day  three-year-old  prekindergarten pupils  set forth for the district in this paragraph plus the product of one  half  (0.5)  multiplied  by  the  number   of   eligible   half-day three-year-old prekindergarten pupils set forth for the district in this paragraph;  (vi)  (1)  "Current  year four-year-old prekindergarten pupils served" shall mean the sum of  full  day  four-year-old  prekindergarten  pupils served in the current year plus the product of one half (0.5) multiplied by the half day four-year-old prekindergarten pupils in the current year less the half-day four-year-old conversion overage;  (2)  "Current year three-year-old prekindergarten pupils served" shall mean the sum of full day three-year-old prekindergarten pupils served in the current year plus the product of one half (0.5)  multiplied  by  the half  day three-year-old prekindergarten pupils in the current year less the half-day three-year-old conversion overage;  (vii) (1) "Half-day four-year-old conversion overage" shall equal, for districts   with   thirty   percent   fewer    full-day    four-year-old prekindergarten pupils served in the current year than eligible full-day four-year-old  prekindergarten pupils as set forth in this paragraph due to the  conversion  of  full-day  four-year-old  prekindergarten  pupils served  in  the  current  year to half-day four year-old prekindergarten pupils served in the current year, the  difference  of  the  product  of seven-tenths   multiplied   by   the   eligible  full-day  four-year-old prekindergarten pupils rounded down to the nearest  whole  number,  less the  number  of  full-day four-year-old prekindergarten pupils served in the current year;  (2) "Half-day three-year-old  conversion  overage"  shall  equal,  for districts    with   thirty   percent   fewer   full-day   three-year-old prekindergarten pupils served in the current year than eligible full-day three-year-old prekindergarten pupils as set forth  in  paragraph  b  of this  subdivision  due  to  the  conversion  of  full-day three-year-old prekindergarten  pupils  served  in  the  current   year   to   half-day three-year-old  prekindergarten  pupils  served in the current year, the difference of the product of seven-tenths  multiplied  by  the  eligible full-day  three-year-old  prekindergarten  pupils  rounded  down  to the nearest  whole  number,  less  the  number  of  full-day  three-year-old prekindergarten pupils served in the current year;  (3)  Provided  that  a  district  may  apply to the commissioner for a hardship waiver that would allow a district to convert more than  thirty percent  of  full-day four-year-old prekindergarten pupils served in the current year to half-day four-year-old prekindergarten pupils served  in the  current year or three-year-old prekindergarten pupils served in the current year to half-day three-year-old prekindergarten pupils served in the current year and receive funding for such slots. Such  waiver  shall be  granted  upon  a  demonstration by the school district that due to a significant change in the resources available to the school district and absent this hardship waiver, the school  district  would  be  unable  to serve   such   pupils   in  prekindergarten  programs,  without  causing significant disruption to other district programming;  (viii) (1) "Maintenance of effort  factor  for  four-year-olds"  shall mean   the   quotient   arrived   at  when  dividing  the  current  year four-year-old  prekindergarten  pupils  served  by  the  prekindergarten four-year-old maintenance of effort base;  (2)  "Maintenance of effort factor for three-year-olds" shall mean the quotient arrived  at  when  dividing  the  current  year  three-year-old prekindergarten  pupils  served  by  the  prekindergarten three-year-old maintenance of effort base;  (ix) For the purposes of this paragraph:  (A)  "Priority  full-day  prekindergarten  program"  shall  mean   the priority  full-day prekindergarten and expanded half-day prekindergarten grant program for high need students pursuant to chapter fifty-three  of the laws of two thousand thirteen;  (B)  "Federal  preschool  development  expansion grant" shall mean the federal preschool development expansion grant pursuant to  the  American Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 14013,  Title XIV, (Public Law 112-10), as amended by section 1832(b) of Division B  of  the  Department  of  Defense  and  Full-Year  Continuing Appropriations  Act,  2011  (Pub.  L.  112-10),  and  the  Department of Education Appropriations Act, 2012 (Title III  Division  F  of  Pub.  L. 112-74, the Consolidated Appropriations Act, 2012);  (C)   "Expanded  prekindergarten  program"  shall  mean  the  expanded prekindergarten  program  for  three-  and  four-year-olds  pursuant  to chapter sixty-one of the laws of two thousand fifteen;  (D)  "Expanded  prekindergarten  for  three-year-olds"  shall mean the expanded prekindergarten for  three-year-olds  in  high  need  districts program  pursuant  to  chapter  fifty-three  of the laws of two thousand sixteen;  (E) "Expanded prekindergarten program for three-  and  four-year-olds" shall   mean   the  expanded  prekindergarten  program  for  three-  and four-year-olds pursuant to  a  chapter  of  the  laws  of  two  thousand seventeen;  (F)  "Prekindergarten  expansion grant" shall mean the prekindergarten expansion grant for the two  thousand  eighteen--two  thousand  nineteen school  year  and  thereafter,  pursuant to subdivision eighteen of this section,  to  the  extent  such  program  was   available   subject   to appropriation,  and  provided  that  such  school  district  has met all requirements pursuant to this section.   c. Notwithstanding any other provision  of  this  section,  the  total grant  payable  pursuant  to this section shall equal the lesser of: (i) the sum of the four-year-old grant amount plus the three-year-old  grant amount computed pursuant to this subdivision for the current year, based on  data  on  file  with  the  commissioner as of September first of the school year  immediately  following  or  (ii)  the  total  actual  grant expenditures  incurred  by  the  school  district  as  approved  by  the commissioner.    d. Notwithstanding any other provision of this section, apportionments under this section greater than the amounts provided in the two thousand sixteen--two thousand seventeen  school  year  shall  only  be  used  to supplement and not supplant current local expenditures of 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, 2022   * 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, 2022   * 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, 2022   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.   19.  Full-day  four-year-old  universal  prekindergarten expansion. a. Allocation. For the two  thousand  twenty-one--two  thousand  twenty-two through   two-thousand  twenty-three--two  thousand  twenty-four  school years, school districts shall be eligible  to  receive  a  grant  amount equal to twice the product of expansion slots multiplied by selected aid per  prekindergarten  pupil  calculated  pursuant  to  subparagraph i of paragraph b of subdivision ten of this  section  for  the  two  thousand twenty-one--two  thousand  twenty-two  school year, and provided further that  this  allocation  shall  not  exceed  the  total  actual  full-day four-year-old  universal  prekindergarten  expansion  grant expenditures incurred by the school district in the current school year  as  approved by the commissioner. Grantees awarded funds under this subdivision shall comply  with  all  of  the  same rules and requirements as the universal prekindergarten programs pursuant to this section.   b. Expansion slots. (i) For the two thousand twenty-one--two  thousand twenty-two  school  year, for eligible school districts, the preliminary slot count shall be equal to the positive difference of: (1) the product of three thousand five hundred and  four  ten-thousandths  (0.3504)  and unserved  four-year-old  prekindergarten  pupils  calculated pursuant to subparagraph (iv) of paragraph b of subdivision  ten  of  this  section; less  (2)  the sum of: (A) full-day four-year-old prekindergarten pupils served in the two thousand nineteen--two  thousand  twenty  school  year pursuant   to  this  section;  plus  (B)  students  served  in  full-day prekindergarten programs funded by grants pursuant to section thirty-six hundred two-ee of this part in the year prior to the base year. If  such preliminary  slot  count  is less than ten, the expansion slots shall be zero; if such preliminary slot count is greater than or equal to ten but less than twenty, the expansion slots shall be  twenty;  for  all  other eligible  districts,  the expansion slots shall equal to the preliminary slot count.   c. Eligibility. (i) For  the  two  thousand  twenty-one--two  thousand twenty-two  school  year,  school  districts  shall be eligible for this expansion if:  (1)  the  combined  wealth  ratio  computed  pursuant  to subparagraph  one  of  paragraph  c  of  subdivision  three  of  section thirty-six hundred two of this part is less than two (2.0); and (2)  the quotient  arrived  at  when  dividing:  (A) the sum of: (1) full-day and half-day four-year-old prekindergarten pupils served in the two thousand nineteen--two thousand twenty school year pursuant to this section; plus (2) students served  in  full-day  prekindergarten  programs  funded  by grants pursuant to section thirty-six hundred two-ee of this part in the two  thousand  nineteen--two thousand twenty school year; divided by (B) unserved four-year-old prekindergarten  pupils  calculated  pursuant  to  subparagraph  (iv)  of paragraph b of subdivision ten of this section is less than five tenths (0.50).   d.  Maintenance  of  effort.  Where  a  school  district  serves fewer four-year-old prekindergarten pupils in full-day programs funded by  the full-day  four-year-old  universal prekindergarten expansion pursuant to this subdivision than the  number  of  expansion  slots  as  defined  in paragraph  b  of  this  subdivision,  the school district shall have its current year full-day four-year-old universal prekindergarten  expansion payment  reduced  to an amount equal to the product of: (i) the full-day four-year-old universal prekindergarten expansion;  multiplied  by  (ii) the  quotient of four-year-old prekindergarten pupils served in programs funded by the full-day four-year-old universal prekindergarten expansion divided by the number of expansion slots.  Funds  provided  pursuant  to this  subdivision  shall  only  be  used  to supplement and not supplant current local expenditures of state or local  funds  on  prekindergarten programs.   e.  Universal  prekindergarten program consolidation. In the event the director of the budget determines that the  available  appropriation  of federal  funds  is  insufficient  for  the  allocation  pursuant to this subdivision, the difference between the available appropriation and  the allocation  shall  be  added  to  universal  prekindergarten  aid grants pursuant to subdivision  ten  of  this  section.  The  department  shall determine  which  and  how  many  grants  shall  be  awarded pursuant to subdivision ten of this section in lieu  of  this  subdivision  provided that such determination shall be subject to the approval of the director of the budget. The corresponding number of expansion slots shall also be added  to  eligible  full-day  four-year-old  prekindergarten  pupils as defined in subparagraph (ii) of paragraph b of subdivision ten  of  this section  to  ensure  continuity  of  services. Provided that for the two thousand twenty-four--two thousand twenty-five school year, any full-day four-year-old universal prekindergarten expansion  allocation  from  the two  thousand  twenty-three--two  thousand  twenty-four  school year not previously added to universal prekindergarten  aid  grants  pursuant  to this paragraph shall be so added, and all expansion slots not previously added  to  eligible  full-day four-year-old prekindergarten pupils shall also be added.   f. Future  expansions.  Within  the  additional  amounts  appropriated therefor   in   the   state   budgets   enacted  for  the  two  thousand twenty-two--two thousand twenty-three and two thousand twenty-three--two thousand twenty-four fiscal years, additional grants shall be  allocated pursuant to this subdivision.   g. Notwithstanding any inconsistent provision of law, for the purposes of  determining  the  prekindergarten  allocation on the electronic data file prepared by the commissioner pursuant to subdivision twenty-one  of section  three  hundred  five  of  this  chapter  for  the  two thousand twenty-one--two    thousand    twenty-two    through    two     thousand twenty-three--two thousand twenty-four school years, the commissioner is directed  to  include the grant amounts awarded pursuant to this section in  the  amount  set  forth  for  such  school  district  as  "UNIVERSAL PRE-KINDERGARTEN."