2023 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.
* 3.  Beginning  in  the  two  thousand   twenty-three--two   thousand
twenty-four  school  year, all school districts shall annually report to
the  commissioner:  (i)  the  number  of  four-year-old  prekindergarten
students the district intends to serve in full-day and half-day slots in
district-operated  prekindergarten  programs in the current school year;
(ii) the number of four-year-old prekindergarten students  the  district
intends  to  serve  in  full-day  and  half-day slots in prekindergarten
programs operated by community-based organizations in the current school
year; (iii) the number of four-year-old prekindergarten students in  the
current  school  year  the  district is unable to serve due to a lack of
capacity; (iv) the reason  for  the  lack  of  capacity,  including  the
availability  of  appropriate  space, facilities, and staff; and (v) any
other  information  available  to  districts  and  determined   by   the
commissioner to be necessary to accurately estimate the unmet demand for
four-year-old   prekindergarten   programs  within  a  district.  School
districts that are eligible  to  receive  an  apportionment  under  this
section  or  section thirty-six hundred two-ee of this part but have not
claimed the full apportionment  shall  include  in  the  report  to  the
commissioner  information  on  barriers to implementing new or expanding
existing universal prekindergarten programs despite  available  funding.
Such  report  shall be due on or before September first of each year and
shall be collected as part of  the  application  submitted  pursuant  to
subdivision five of this section. Beginning November first, two thousand
twenty-three,  the  commissioner  shall  annually submit a report to the
governor, the temporary president of the senate, and the speaker of  the
assembly on the information reported by districts.
* NB Repealed December 30, 2026
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,  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, 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
(ix) for the two thousand twenty-two--two thousand twenty-three 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)  funds  allocated
pursuant  to  a  universal  prekindergarten  expansion under subdivision
twenty of this section as of the school aid computer listing produced by
the commissioner in support of the enacted budget for the current  year,
provided  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, if any,
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, if
any, 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,
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.
For the two thousand twenty-two--two thousand twenty-three 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  calculated  pursuant   to
subdivision twenty 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.
* NB Effective until July 1, 2024
* 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
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 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.
* NB Effective July 1, 2024
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; provided that such guidelines  include  an  annual
process  by  which a district may 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.
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."
20. Universal prekindergarten expansions.
a. Two thousand twenty-two--two thousand twenty-three school year.
(i) The universal  prekindergarten  expansion  for  the  two  thousand
twenty-two--two  thousand  twenty-three  school  year  shall be equal to
twice the product of (1) expansion slots multiplied by (2) selected  aid
per  prekindergarten  pupil  calculated  pursuant to subparagraph (i) of
paragraph b of subdivision ten of this  section  for  the  two  thousand
twenty-two--two thousand twenty-three school year.
(ii)  For purposes of this paragraph, "expansion slots" shall be slots
for new full-day four-year-old prekindergarten pupils  for  purposes  of
subparagraph  (ii)  of  paragraph  b  of subdivision 10 of this section.
Expansion slots shall be equal to the positive difference,  if  any,  of
(1)  the  product  of  fifty-nine  hundred  and nineteen ten thousandths
(0.5919) multiplied by unserved four-year-old prekindergarten pupils  as
defined  in  subparagraph (iv) of paragraph b of subdivision ten of this
section less (2) the eligible four-year old students. If such  expansion
slots  are  greater  than  or  equal  to  ten  but less than twenty, the

expansion slots shall be twenty; if such expansion slots are  less  than
ten,  the  expansion slots shall be zero; and for a city school district
in a city having a population of one  million  or  more,  the  expansion
slots shall be zero.
(iii)   For  purposes  of  this  paragraph,  "eligible  four-year  old
students"  shall  be  equal  to  the  sum  of  (1)   eligible   full-day
four-year-old  prekindergarten pupils as defined in subparagraph (ii) of
paragraph b of subdivision ten of this section for the  base  year  plus
(2)  the  product  of  five  tenths  (0.5)  and  the  eligible  half-day
four-year-old prekindergarten pupils as defined in subparagraph (ii)  of
paragraph  b  of subdivision ten of this section for the base year, plus
(3) the maximum number of students that may  be  served  by  uncertified
classroom teachers in full-day prekindergarten programs funded by grants
pursuant  to  section thirty-six hundred two-ee of this part in the base
year, plus (4) expansion slots for the base year pursuant to subdivision
nineteen of this section.
b. Two thousand twenty-three--two thousand twenty-four school year.
(i) The universal  prekindergarten  expansion  for  the  two  thousand
twenty-three--two  thousand  twenty-four  school  year shall be equal to
twice the product of (1) expansion slots multiplied by (2) selected  aid
per  prekindergarten  pupil  calculated  pursuant to subparagraph (i) of
paragraph b of subdivision ten of this  section  for  the  two  thousand
twenty-three--two thousand twenty-four school year.
(ii)  For purposes of this paragraph, "expansion slots" shall be slots
for new full-day four-year-old prekindergarten pupils  for  purposes  of
subparagraph  (ii)  of  paragraph  b of subdivision ten of this section.
Expansion slots shall be equal to the positive difference,  if  any,  of
(1)  the  product  of  eight  hundred  ninety-seven  thousandths (0.897)
multiplied by unserved four-year-old prekindergarten pupils  as  defined
in  subparagraph  (iv) of paragraph b of subdivision ten of this section
less (2) the sum of four-year-old students served plus  the  underserved
count. If such expansion slots are greater than or equal to ten but less
than  twenty,  the  expansion  slots  shall be twenty; if such expansion
slots are less than ten, the expansion slots shall be zero;  and  for  a
city  school  district  in  a city having a population of one million or
more, the expansion slots shall be zero.
(iii) For purposes of this paragraph, "four-year-old students  served"
shall  be  equal  to the sum of (1) the number of four-year-old students
served in full-day and half-day settings in a state funded program which
must meet the requirements of this section as reported to the department
for the two thousand twenty-one--two thousand  twenty-two  school  year,
plus  (2)  the  number  of  four-year-old  students  served  in full-day
settings in a state funded program which must meet the  requirements  of
section thirty-six hundred two-ee of this part and for which grants were
awarded prior to the two thousand twenty--two thousand twenty-one school
year,  plus  (3)  the  number  of  expansion slots allocated pursuant to
paragraph b of subdivision nineteen of this section, plus (4) the number
of  expansion  slots  allocated  pursuant  to  paragraph   a   of   this
subdivision,  plus (5) the maximum number of students that may be served
in full-day prekindergarten programs funded by grants  which  must  meet
the  requirements  of section thirty-six hundred two-ee of this part for
grants awarded in the two thousand twenty-one--two  thousand  twenty-two
or two thousand twenty-two--two thousand twenty-three school year.
(iv)  For  purposes  of this paragraph, the underserved count shall be
equal to the positive difference, if any, of (1) the sum of (a) eligible
full-day four-year-old prekindergarten pupils as defined in subparagraph
(ii) of paragraph b of subdivision ten  of  this  section  for  the  two
thousand  twenty-one--two  thousand twenty-two school year, plus (b) the

product of five-tenths (0.5) and  the  eligible  half-day  four-year-old
prekindergarten  pupils  as defined in subparagraph (iii) of paragraph b
of subdivision ten of this section for the two thousand  twenty-one--two
thousand twenty-two school year, less (2) the positive difference of (a)
the  number  of  four-year-old  students served in full-day and half-day
settings in a state-funded program which must meet the  requirements  of
this  section  as  reported  to  the  department  for  the  two thousand
twenty-one--two thousand twenty-two school year, with students served in
half-day settings multiplied by five-tenths (0.5), less (b)  the  number
of  pupils  served  in  a conversion slot pursuant to section thirty-six
hundred two-ee of this part in the two thousand twenty-one--two thousand
twenty-two school year multiplied by five-tenths (0.5).