STATE OF NEW YORK
________________________________________________________________________
5122
2017-2018 Regular Sessions
IN SENATE
March 8, 2017
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to universal pre-kinder-
garten aid; and to amend part CC of chapter 56 of the laws of 2014,
amending the education law relating to universal full-day pre-kinder-
garten, in relation to providing for the repeal of such provisions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 3602-e of the education law, as
2 amended by section 22 of part B of chapter 57 of the laws of 2008, the
3 opening paragraph as amended by section 5 of part A of chapter 54 of the
4 laws of 2016, is amended to read as follows:
5 10. Universal prekindergarten aid. a. Notwithstanding any provision
6 of law to the contrary,
7 (i) for aid payable in the two thousand eight--two thousand nine
8 school year, the grant to each eligible school district for universal
9 prekindergarten aid shall be computed pursuant to this subdivision, and
10 (ii) for the two thousand nine--two thousand ten and two thousand
11 ten--two thousand eleven school years, each school district shall be
12 eligible for a maximum grant equal to the amount computed for such
13 school district for the base year in the electronic data file produced
14 by the commissioner in support of the two thousand nine--two thousand
15 ten education, labor and family assistance budget, provided, however,
16 that in the case of a district implementing programs for the first time
17 or implementing expansion programs in the two thousand eight--two thou-
18 sand nine school year where such programs operate for a minimum of nine-
19 ty days in any one school year as provided in section 151-1.4 of the
20 regulations of the commissioner, for the two thousand nine--two thousand
21 ten and two thousand ten--two thousand eleven school years, such school
22 district shall be eligible for a maximum grant equal to the amount
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10448-02-7
S. 5122 2
1 computed pursuant to paragraph a of subdivision nine of this section in
2 the two thousand eight--two thousand nine school year, and
3 (iii) for the two thousand eleven--two thousand twelve school year
4 each school district shall be eligible for a maximum grant equal to the
5 amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"
6 under the heading "2011-12 ESTIMATED AIDS" in the school aid computer
7 listing produced by the commissioner in support of the enacted budget
8 for the 2011-12 school year and entitled "SA111-2", and
9 (iv) for two thousand twelve--two thousand thirteen through two thou-
10 sand sixteen--two thousand seventeen school years each school district
11 shall be eligible for a maximum grant equal to the greater of [(i)] (A)
12 the amount set forth for such school district as "UNIVERSAL PREKINDER-
13 GARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid
14 computer listing produced by the commissioner in support of the enacted
15 budget for the 2011-12 school year and entitled "SA111-2", or [(ii)] (B)
16 the amount set forth for such school district as "UNIVERSAL PREKINDER-
17 GARTEN" under the heading "2010-11 BASE YEAR AIDS" in the school aid
18 computer listing produced by the commissioner on May fifteenth, two
19 thousand eleven pursuant to paragraph b of subdivision twenty-one of
20 section three hundred five of this chapter, and [provided further that
21 the maximum grant shall not exceed the total actual grant expenditures
22 incurred by the school district in the current school year as approved
23 by the commissioner.
24 a. Each school district shall be eligible to receive a grant amount
25 equal to the sum of (i) its prekindergarten aid base plus (ii) the prod-
26 uct of its selected aid per prekindergarten pupil multiplied by the
27 positive difference, if any of the number of aidable prekindergarten
28 pupils served in the current year, as determined pursuant to regulations
29 of the commissioner, less the base aidable prekindergarten pupils calcu-
30 lated pursuant to this subdivision for the two thousand seven--two thou-
31 sand eight school year, based on data on file for the school aid comput-
32 er listing produced by the commissioner in support of the enacted budget
33 for the two thousand seven--two thousand eight school year and entitled
34 "SA070-8". Provided, however, that in computing an apportionment pursu-
35 ant to this paragraph, for districts where the number of aidable prekin-
36 dergarten pupils served is less than the number of unserved prekinder-
37 garten pupils, such grant amount shall be the lesser of such sum
38 computed pursuant to this paragraph or the maximum allocation computed
39 pursuant to subdivision nine of this section.]
40 (v) for the two thousand seventeen--two thousand eighteen school year,
41 each school district shall be eligible to receive a grant amount equal
42 to the sum of (A) the amount set forth for such school district as
43 "UNIVERSAL PREKINDERGARTEN" under the heading "2016-17 ESTIMATED AIDS"
44 in the school aid computer listing produced by the commissioner in
45 support of the enacted budget for the two thousand sixteen--two thousand
46 seventeen school year and entitled "SA161-7", where, for the purposes of
47 such run, the selected aid per full-day kindergarten pupil shall be
48 computed pursuant to paragraph b of this subdivision plus (B) the amount
49 awarded to such school district for the priority full-day prekindergar-
50 ten and expanded half-day prekindergarten grant program for high need
51 students for the two thousand sixteen--two thousand seventeen school
52 year pursuant to chapter fifty-three of the laws of two thousand four-
53 teen, plus (C) the amount set forth for such school district in the
54 school aid computer listing produced by the commissioner in support of
55 the regents proposal for the two thousand seventeen--two thousand eigh-
56 teen school year and entitled "PREK1-7", and
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1 (vi) for the two thousand eighteen--two thousand nineteen school year,
2 each school district shall be eligible to receive a grant amount equal
3 to the sum of (A) the amount set forth for such school district as
4 "UNIVERSAL PREKINDERGARTEN" for the current year in the school aid
5 computer listing produced by the commissioner in support of the enacted
6 budget for the two thousand seventeen--two thousand eighteen school year
7 plus (B) the amount awarded to such school district for the federal
8 preschool development expansion grant for the two thousand seventeen--
9 two thousand eighteen school year pursuant to the American Recovery and
10 Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 14013, Title
11 XIV, (Public Law 112-10), as amended by section 1832(b) of Division B of
12 the Department of Defense and Full-Year Continuing Appropriations Act,
13 2011 (Pub. L. 112-10), and the Department of Education Appropriations
14 Act, 2012 (Title III Division F of Pub. L. 112-74, the Consolidated
15 Appropriations Act, 2012), and
16 (vii) for the two thousand nineteen--two thousand twenty school year,
17 each school district shall be eligible to receive a grant amount equal
18 to the sum of (A) the amount set forth for such school district as
19 "UNIVERSAL PREKINDERGARTEN" for the current year in the school aid
20 computer listing produced by the commissioner in support of the enacted
21 budget for the two thousand eighteen--two thousand nineteen school year
22 plus (B) the amount awarded to such school district for the statewide
23 full-day prekindergarten program for the two thousand eighteen--two
24 thousand nineteen school year pursuant to section thirty-six hundred
25 two-ee of this part, and
26 (viii) for the two thousand twenty--two thousand twenty-one school
27 year, each school district shall be eligible to receive a grant amount
28 equal to the sum of (A) the amount set forth for such school district as
29 "UNIVERSAL PREKINDERGARTEN" for the current year in the school aid
30 computer listing produced by the commissioner in support of the enacted
31 budget for the two thousand nineteen--two thousand twenty school year
32 plus (B) the amount awarded to such school district for the expanded
33 prekindergarten program for three and four year-olds for the two thou-
34 sand nineteen--two thousand twenty school year pursuant to chapter
35 sixty-one of the laws of two thousand fifteen, and
36 (ix) for the two thousand twenty-one--two thousand twenty-two school
37 year, each school district shall be eligible to receive a grant amount
38 equal to the sum of (A) the amount set forth for such school district as
39 "UNIVERSAL PREKINDERGARTEN" for the current year in the school aid
40 computer listing produced by the commissioner in support of the enacted
41 budget for the two thousand twenty--two thousand twenty-one school year
42 plus (B) the amount awarded to such school district for the expanded
43 prekindergarten for three year-olds in high need districts program for
44 the two thousand twenty--two thousand twenty-one school year pursuant to
45 chapter fifty-three of the laws of two thousand sixteen, and
46 (x) for the two thousand twenty-two--two thousand twenty-three school
47 year and thereafter, each school district shall be eligible to receive a
48 grant amount equal to the amount set forth for such school district as
49 "UNIVERSAL PREKINDERGARTEN" for the current year in the school aid
50 computer listing produced by the commissioner in support of the enacted
51 budget for the two thousand twenty-one--two thousand twenty-two school
52 year.
53 b. For purposes of paragraph a of this subdivision:
54 (i) "Selected aid per prekindergarten pupil", for the two thousand
55 seventeen--two thousand eighteen school year and thereafter shall equal
56 the greater of (A) the [product of five-tenths and the] school
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1 district's selected foundation aid for the current year, or (B) [the aid
2 per prekindergarten pupil calculated pursuant to this subdivision for
3 the two thousand six-two thousand seven school year, based on data on
4 file for the school aid computer listing produced by the commissioner in
5 support of the enacted budget for the two thousand six--two thousand
6 seven school year and entitled "SA060-7"; provided, however, that in the
7 two thousand eight--two thousand nine school year, a city school
8 district in a city having a population of one million inhabitants or
9 more shall not be eligible to select aid per prekindergarten pupil
10 pursuant to clause (A) of this subparagraph] ten thousand dollars;
11 (ii) ["Base aidable prekindergarten pupils". "Base aidable prekinder-
12 garten pupils" shall equal the sum of the base aidable prekindergarten
13 pupils calculated pursuant to this subdivision for the base year, based
14 on data on file for the school aid computer listing produced by the
15 commissioner in support of the enacted budget for the base year, plus
16 the additional aidable prekindergarten pupils calculated pursuant to
17 this subdivision for the base year, based on data on file for the school
18 aid computer listing produced by the commissioner in support of the
19 enacted budget for the base year] "Full-day prekindergarten pupils"
20 shall equal the maximum aidable full-day prekindergarten pupils and
21 conversion pupils in the base year in any program eligible for universal
22 prekindergarten funding in the current year;
23 (iii) "Half-day prekindergarten pupils" shall equal (A) the maximum
24 aidable half-day prekindergarten pupils and conversion pupils in the
25 base year in any program eligible for universal prekindergarten funding
26 in the current year minus (B) the number of half-day prekindergarten
27 pupils converted into full-day prekindergarten pupils under any program
28 eligible for universal prekindergarten funding in the current year;
29 (iv) "Base year prekindergarten maintenance of effort" shall mean the
30 sum of maximum aidable full day four year-old prekindergarten pupils in
31 the base year plus the product of one half (0.5) multiplied by the maxi-
32 mum aidable half day four year-old prekindergarten pupils in the base
33 year, provided that three year-old pupils previously served in any
34 program shall not be considered for any maintenance effort;
35 (v) "Current year prekindergarten pupils served" shall mean the sum of
36 full-day four year-old prekindergarten pupils served in the current year
37 plus the product of one half (0.5) multiplied by the half-day four year-
38 old prekindergarten pupils in the current year;
39 (vi) "Maintenance of effort factor" shall mean the quotient arrived at
40 when dividing the current year prekindergarten pupils served by the base
41 year prekindergarten maintenance of effort;
42 (vii) "Unserved prekindergarten pupils" shall mean the product of
43 eighty-five percent multiplied by the positive difference, if any,
44 between the sum of the public school enrollment and the nonpublic school
45 enrollment of children attending full day and half day kindergarten
46 programs in the district in the year prior to the base year less the
47 number of resident children who attain the age of three or four before
48 December first of the base year, who were served during such school year
49 by a prekindergarten program approved pursuant to section forty-four
50 hundred ten of this chapter, where such services are provided for more
51 than four hours per day[;
52 (iv) "Additional aidable prekindergarten pupils". For the two thousand
53 seven--two thousand eight through two thousand eight--two thousand nine
54 school years, "additional aidable prekindergarten pupils" shall equal
55 the product of (A) the positive difference, if any, of the unserved
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1 prekindergarten pupils less the base aidable prekindergarten pupils
2 multiplied by (B) the prekindergarten phase-in factor;
3 (v) the "prekindergarten aid base" shall mean the sum of the amounts
4 the school district received for the two thousand six--two thousand
5 seven school year for grants awarded pursuant to this section and for
6 targeted prekindergarten grants;
7 (vi) The "prekindergarten phase-in factor". For the two thousand
8 eight--two thousand nine school year, the prekindergarten phase-in
9 factor shall equal the positive difference, if any, of the pupil need
10 index computed pursuant to subparagraph three of paragraph a of subdivi-
11 sion four of section thirty-six hundred two of this part less one,
12 provided, however, that: (A) for any district where (1) the maximum
13 allocation computed pursuant to subdivision nine of this section for the
14 base year is greater than zero and (2) the amount allocated pursuant to
15 this subdivision for the base year, based on data on file for the school
16 aid computer listing produced by the commissioner on February fifteenth
17 of the base year, pursuant to paragraph b of subdivision twenty-one of
18 section three hundred five of this chapter, is greater than the positive
19 difference, if any, of such maximum allocation for the base year less
20 twenty-seven hundred, the prekindergarten phase-in factor shall not
21 exceed eighteen percent, and shall not be less than ten percent, and (B)
22 for any district not subject to the provisions of clause (A) of this
23 subparagraph where (1) the amount allocated pursuant to this subdivision
24 for the base year is equal to zero or (2) the amount allocated pursuant
25 to this section for the base year, based on data on file for the school
26 aid computer listing produced by the commissioner on February fifteenth
27 of the base year, pursuant to paragraph b of subdivision twenty-one of
28 section three hundred five of this chapter, is less than or equal to the
29 amount allocated pursuant to this section for the year prior to the base
30 year, based on data on file for the school aid computer listing produced
31 by the commissioner on February fifteenth of the base year, pursuant to
32 paragraph b of subdivision twenty-one of section three hundred five of
33 this chapter, the prekindergarten phase-in factor shall equal zero, and
34 (C) for any district not subject to the provisions of clause (A) or (B)
35 of this subparagraph, the prekindergarten phase-in factor shall not
36 exceed thirteen percent, and shall not be less than seven percent;
37 (vii) "Base year" shall mean the base year as defined pursuant to
38 subdivision one of section thirty-six hundred two of this part].
39 c. Notwithstanding any other provision of this section, the total
40 grant payable pursuant to this section shall equal the lesser of: (i)
41 the total grant amounts computed pursuant to this subdivision for the
42 current year, based on data on file with the commissioner as of Septem-
43 ber first of the school year immediately following less the maintenance
44 of effort reduction pursuant to subdivision eleven of this section or
45 (ii) the total actual grant expenditures incurred by the school district
46 as approved by the commissioner.
47 § 2. Subdivision 11 of section 3602-e of the education law, as amended
48 by section 10-b of part A of chapter 57 of the laws of 2012, is amended
49 to read as follows:
50 11. [Notwithstanding the provisions of subdivision ten of this
51 section, where the district serves fewer children during the current
52 year than the lesser of the children served in the two thousand ten--two
53 thousand eleven school year or its base aidable prekindergarten pupils
54 computed for the two thousand seven--two thousand eight school year, the
55 school district shall have its apportionment reduced in an amount
56 proportional to such deficiency in the current year or in the succeeding
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1 school year, as determined by the commissioner, except such reduction
2 shall not apply to school districts which have fully implemented a
3 universal pre-kindergarten program by making such program available to
4 all eligible children. Expenses incurred by the school district in
5 implementing a pre-kindergarten program plan pursuant to this subdivi-
6 sion shall be deemed ordinary contingent expenses.] Maintenance of
7 effort reduction. Where a school district's current year prekindergarten
8 pupils served is less than its base year prekindergarten maintenance of
9 effort, the school district shall have its current year apportionment
10 reduced by the product of the maintenance of effort factor computed in
11 paragraph b of subdivision ten of this section multiplied by the grant
12 amount it was eligible to receive in the current year pursuant to para-
13 graph a of subdivision ten of this section.
14 § 3. Subdivision 21 of section 305 of the education law is amended by
15 adding a new paragraph d to read as follows:
16 d. Notwithstanding any inconsistent provision of law to the contrary,
17 for the purposes of determining the base year level of general support
18 for public schools pursuant to paragraph b of this subdivision for the
19 two thousand seventeen--two thousand eighteen through two thousand twen-
20 ty-one--two thousand twenty-two school years, the commissioner is
21 directed to include the grant amounts allocated pursuant to subdivision
22 ten of section thirty-six hundred two-e of this chapter where such
23 grants had previously been allocated to districts by means other than
24 general support for public schools, provided that, notwithstanding any
25 provision of law to the contrary, such base year grant amounts shall not
26 be included in: (1) the allowable growth amount computed pursuant to
27 paragraph dd of subdivision one of section thirty-six hundred two of
28 this chapter, (2) the preliminary growth amount computed pursuant to
29 paragraph ff of subdivision one of section thirty-six hundred two of
30 this chapter, and (3) the allocable growth amount computed pursuant to
31 paragraph gg of subdivision one of section thirty-six hundred two of
32 this chapter, and shall not be considered, and shall not be available
33 for interchange with, general support for public schools.
34 § 4. Paragraph c of subdivision 1 of section 3602-e of the education
35 law, as amended by section 19 of part B of chapter 57 of the laws of
36 2007, is amended to read as follows:
37 c. "Eligible children" shall mean resident children who are three or
38 four years of age on or before December first of the year in which they
39 are enrolled or who will otherwise be first eligible to enter public
40 school kindergarten commencing with the following school year.
41 § 5. Subparagraphs (i) and (ii) of paragraph c of subdivision 8 of
42 section 3602-ee of the education law, as added by section 1 of part CC
43 of chapter 56 of the laws of 2014, are amended to read as follows:
44 (i) for teachers hired on or after the effective date of this section
45 as the teacher for a universal full-day pre-kindergarten classroom,
46 within [three] five years after commencing employment, at which time
47 such certification shall be required for employment; and
48 (ii) for teachers hired by such provider prior to the effective date
49 of this section for other early childhood care and education programs,
50 no later than June thirtieth, two thousand [seventeen] nineteen, at
51 which time such certification shall be required for employment.
52 § 6. Section 2 of part CC of chapter 56 of the laws of 2014, amending
53 the education law relating to universal full-day pre-kindergarten, is
54 amended to read as follows:
55 § 2. This act shall take effect immediately, and shall expire and be
56 deemed repealed July 1, 2019.
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1 § 7. This act shall take effect immediately, provided that the amend-
2 ments to section 3602-ee of the education law, made by section five of
3 this act, shall not affect the expiration and repeal of such section,
4 and shall expire and be deemed repealed therewith.