2023 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) 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.  Provided  however,
beginning with the two thousand  twenty-two--two  thousand  twenty-three
school year, a school district may annually apply to the commissioner by
September first of the current school year for a waiver that would 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 further that
the commissioner shall annually submit a report by November first to the
chairperson of the assembly ways and means committee, the chairperson of
the senate finance committee and the director of the budget which  shall
include but not be limited to the following: (a) a listing of the school
districts  receiving  a  waiver  pursuant  to  this  paragraph  from the
commissioner for the current school year; (b) the number and  proportion
of  students  within  each  district receiving a waiver pursuant to this
paragraph for the current school year  that  are  receiving  instruction
from 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; and (c) the number and proportion of
total prekindergarten  personnel  for  each  school  district  that  are
providing  instructional  services  pursuant  to this paragraph that are
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.
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.
* NB Effective until July 1, 2024
* 13.  Apportionments  under  this  section  shall  only  be  used  to
supplement and not supplant current local  expenditures  of  federal  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  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.
* NB Effective July 1, 2024
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-four; provided  that  the  program  shall  continue  and
remain in full effect.
* NB Effective until July 1, 2024
* 16.  The  authority  of  the  department to administer the universal
full-day pre-kindergarten  program  shall  expire  June  thirtieth,  two
thousand  twenty-five;  provided  that  the  program  shall continue and
remain in full effect.
* NB Effective July 1, 2024
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."