Bill Text: NY S05122 | 2017-2018 | General Assembly | Introduced

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Bill Title: Expands universal pre-kindergarten in public schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO EDUCATION [S05122 Detail]

Download: New_York-2017-S05122-Introduced.html

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                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
        S. 5122                             3
     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
        S. 5122                             4
     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
        S. 5122                             5

     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
        S. 5122                             6

     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.
        S. 5122                             7
     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.