N.Y. Education Law § 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,

non-profit organization, charter school, library, museum, 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 four-year-old 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.

c-1. "Eligible three-year-old children" shall mean resident children

who are three 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 two years from the time of

enrollment.

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.

f. "Universal access proxy" 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.

g. "Half-day program" shall mean a program which serves students for

at least two and five-tenths hours but less than five hours per day.

h. "Full-day program" shall mean a program which serves students for

at least five hours per day.

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.

10. Universal prekindergarten apportionment. School districts shall

receive a universal prekindergarten apportionment, in the two thousand

twenty-six--two thousand twenty-seven school year and thereafter, equal

to the sum of the four-year-old apportionment and the three-year-old

apportionment.

a. The four-year-old apportionment shall equal the lesser of (i) the

product of aid per four-year-old prekindergarten pupil multiplied by

four-year-old prekindergarten pupils served, or (ii) total actual grant

expenditures incurred by the school district as approved by the

commissioner.

(1) "Aid per four-year-old prekindergarten pupil" shall equal the

greater of (A) the school district's selected foundation aid for the

current year projection as of the final electronic data file prepared by

the commissioner pursuant to paragraph b of subdivision twenty-one of

section three hundred five of this chapter prior to July first of the

current year, calculated pursuant to subdivision four of section

thirty-six hundred two of this part, (B) ten thousand dollars, or (C)

the amount set forth for such school district as "2025-26 4YO MAX UPK

AID" on the school aid computer listing produced by the commissioner in

support of the executive budget for the two thousand twenty-six--two

thousand twenty-seven fiscal year and entitled "BT262-7" divided by the

amount set forth as "2025-26 4YO MAX FTE" on such listing.

(2) "Four-year-old prekindergarten pupils served" shall mean the sum

of (i) the unduplicated count of all eligible four-year-old children

registered to receive educational services in a full-day program, as

registered on the date prior to November first that is specified by the

commissioner as the enrollment reporting date for the school district,

as reported to the commissioner plus (ii) for the two thousand

twenty-six--two thousand twenty-seven school year through the two

thousand twenty-seven--two thousand twenty-eight school year, the

product of five tenths multiplied by the unduplicated count of eligible

four-year-old children registered to receive educational services in a

half-day program, as registered on such date and reported to the

commissioner.

b. The three-year-old apportionment shall equal the lesser of (i) the

product of the three-year-old maximum apportionment and the

three-year-old maintenance of effort percentage or (ii) total actual

grant expenditures incurred by the school district as approved by the

commissioner.

(1) "Three-year-old maximum apportionment" shall equal the greater of

the three-year-old maximum apportionment from the base year or the

amount set forth for such school district as "2025-26 3YO MAX UPK AID"

on the school aid computer listing produced by the commissioner in

support of the executive budget for the two thousand twenty-six--two

thousand twenty-seven fiscal year and entitled "BT262-7."

(2) "Three-year-old maintenance of effort percentage" shall equal the

quotient of three-year-old students served divided by the maximum

eligible three-year-old students, but shall not exceed one hundred

percent.

(A) "Three-year-old students served" shall equal the sum of (i) the

unduplicated count of eligible three-year-old children registered to

receive educational services in a full-day program as registered on the

date prior to November first that is specified by the commissioner as

the enrollment reporting date for the school district, as reported to

the commissioner, plus (ii) the product of five-tenths multiplied by the

unduplicated count of eligible three-year-old children registered to

receive educational services in a half-day program, as registered on

such date and reported to the commissioner, (iii) less the

three-year-old overage penalty.

(I) "Three-year-old overage penalty" shall equal, for districts with

thirty percent fewer three-year-old students served in full-day programs

in the current year than the maximum eligible three-year-old full-day

students, due to the conversion of the maximum eligible three-year-old

full-day students to three-year-old students served in half-day programs

in the current year, the difference of the product of seven-tenths

multiplied by the maximum eligible three-year-old full-day students,

rounded down to the nearest whole number, less the number of

three-year-old students served in full-day programs in the current year.

(II) School districts may apply to the commissioner for a hardship

waiver that would allow a district to convert more than thirty percent

of three-year-old students served in full-day programs in the current

year to three-year-old students served in half-day programs in the

current year. 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 such hardship waiver, the

school district would be unable to serve such pupils in prekindergarten

programs, without causing significant disruption to other district

programming. If a hardship waiver is granted, the three-year-old overage

penalty shall be zero for the current school year. No school district

shall be eligible for a waiver in three or more consecutive school

years.

(B) "Maximum eligible three-year-old students" shall equal the greater

of the amount set forth for such school district as "2025-26 3YO MAX UPK

FTE" on the school aid computer listing produced by the commissioner in

support of the executive budget for the two thousand twenty-six--two

thousand twenty-seven fiscal year and entitled "BT262-7" or the sum of

(i) the maximum eligible three-year-old students in full-day programs in

the base year plus (ii) the product of five-tenths multiplied by the

maximum eligible three-year-old students in half-day programs in the

base year.

c. School districts shall receive up to fifty percent of the universal

prekindergarten apportionment defined in this subdivision upon approval

of the application submitted pursuant to subdivision five of this

section, but not earlier than September first. School districts may be

eligible for an additional twenty percent of such apportionment after

April first of each school year upon completion of a request for funds

on a form designated by the commissioner. The remainder of such

apportionment shall be paid to each school district upon acceptance of a

final expenditure report submitted on a form designated by the

commissioner in the following school year.

11. No later than the two thousand twenty-eight--two thousand

twenty-nine school year, all school districts shall serve in a full-day

prekindergarten program all eligible four-year-old children whose parent

or guardian applies to enroll such child in the district's universal

prekindergarten program, whether such services are provided directly

through the school district, a board of cooperative educational

services, or collaborative efforts between the school district and an

eligible agency or agencies.

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. 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

prekindergarten programs under this section as eligible agencies,

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 prekindergarten students. 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 prekindergarten through

grade twelve.