S T A T E O F N E W Y O R K ________________________________________________________________________ 8441 2011-2012 Regular Sessions I N A S S E M B L Y June 15, 2011 ___________ Introduced by M. of A. NOLAN -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to grants for universal prekindergarten THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The opening paragraph of subdivision 10 of section 3602-e 2 of the education law, as amended by section 38 of part A of chapter 58 3 of the laws of 2011, is amended to read as follows: 4 Notwithstanding any provision of law to the contrary, for aid payable 5 in the two thousand eight--two thousand nine school year, the grant to 6 each eligible school district for universal prekindergarten aid shall be 7 computed pursuant to this subdivision, and for the two thousand nine-- 8 two thousand ten and two thousand ten--two thousand eleven school years, 9 each school district shall be eligible for a maximum grant equal to the 10 amount computed for such school district for the base year in the elec- 11 tronic data file produced by the commissioner in support of the two 12 thousand nine--two thousand ten education, labor and family assistance 13 budget, provided, however, that in the case of a district implementing 14 programs for the first time or implementing expansion programs in the 15 two thousand eight--two thousand nine school year where such programs 16 operate for a minimum of ninety days in any one school year as provided 17 in section 151-1.4 of the regulations of the commissioner, for the two 18 thousand nine--two thousand ten and two thousand ten--two thousand elev- 19 en school years, such school district shall be eligible for a maximum 20 grant equal to the amount computed pursuant to paragraph a of subdivi- 21 sion nine of this section in the two thousand eight--two thousand nine 22 school year, and for the two thousand eleven--two thousand twelve and 23 two thousand twelve--two thousand thirteen school years each school 24 district shall be eligible for a maximum grant equal to the amount set 25 forth for such school district as "UNIVERSAL PREKINDERGARTEN" under the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13122-01-1 A. 8441 2 1 heading "2011-12 ESTIMATED AIDS" in the school aid computer listing 2 produced by the commissioner in support of the enacted budget for the 3 2011-12 school year and entitled "SA111-2", PROVIDED, HOWEVER, THAT 4 WHERE A SCHOOL DISTRICT HAS SUBMITTED CORRECTED DATA TO THE DEPARTMENT 5 PRIOR TO THE ENACTMENT OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOU- 6 SAND ELEVEN AND SUCH CORRECTED DATA IS NOT REFLECTED IN SUCH COMPUTER 7 LISTING, THE MAXIMUM GRANT AWARD SHALL BE ADJUSTED TO REFLECT SUCH 8 CORRECTED DATA, and provided further that the maximum grant shall not 9 exceed the total actual grant expenditures incurred by the school 10 district in the current school year as approved by the commissioner. 11 S 2. Subdivision 11 of section 3602-e of the education law, as amended 12 by section 19 of part B of chapter 57 of the laws of 2007, is amended to 13 read as follows: 14 11. Notwithstanding the provisions of subdivision ten of this section, 15 where the district serves fewer children during the current year than 16 THE LESSER OF THE CHILDREN SERVED in the base year OR THE MAXIMUM AIDA- 17 BLE PREKINDERGARTEN PUPILS COMPUTED FOR THE CURRENT YEAR, the school 18 district shall have its apportionment reduced in an amount proportional 19 to such deficiency in the current year or in the succeeding school year, 20 as determined by the commissioner, except such reduction shall not apply 21 to school districts which have fully implemented a universal pre-kinder- 22 garten program by making such program available to all eligible chil- 23 dren. Expenses incurred by the school district in implementing a pre- 24 kindergarten program plan pursuant to this subdivision shall be deemed 25 ordinary contingent expenses. 26 S 3. This act shall take effect immediately; provided that section two 27 of this act shall be deemed to have been in full force and effect on and 28 after July 1, 2010; and provided further that section one of this act 29 shall take effect on the same date and in the same manner as section 38 30 of part A of chapter 58 of the laws of 2011, takes effect.