§ 3602-E — Universal prekindergarten program

§ 3602-e. Universal prekindergarten program. 1. Definitions. For the\npurposes of this section, the following terms shall have the following\nmeanings:\n a. "School district" shall mean all public school districts eligible\nfor total foundation aid pursuant to subdivision four of section three\nthousand six hundred two of this article, such term shall not include\nboards of cooperative educational services.\n b. "Eligible agencies" shall mean a provider of child care and early\neducation, a day care provider, early childhood program or center, or\ncommunity-based organization, including but not limited to approved\npre-school special education programs, head start, and nursery schools\nso long as the standards and qualifications set forth pursuant to\nsubdivision twelve of this section have been met.\n c. "Eligible children" shall mean resident children who are four years\nof age on or before December first of the year in which they are\nenrolled or who will otherwise be first eligible to enter public school\nkindergarten commencing with the following school year.\n d. "Pre-kindergarten program plan" shall mean a plan approved by the\nboard of education or, in the case of a school district having a\npopulation of one million or more, by the community superintendent and\nthe chancellor that is designed to effectively serve eligible children\ndirectly through the school district or through collaborative efforts\nbetween the school district and an eligible agency or agencies.\n e. "Session" shall mean one universal prekindergarten program class\noperating pursuant to time, staff ratio and other regulatory\nrequirements as set forth by the board of regents and the commissioner\nfor such purpose.\n 2. The commissioner is hereby authorized and directed to award grants\nfor the establishment and implementation of a prekindergarten program to\nserve eligible children.\n * 3. Beginning in the two thousand twenty-three--two thousand\ntwenty-four school year, all school districts shall annually report to\nthe commissioner: (i) the number of four-year-old prekindergarten\nstudents the district intends to serve in full-day and half-day slots in\ndistrict-operated prekindergarten programs in the current school year;\n(ii) the number of four-year-old prekindergarten students the district\nintends to serve in full-day and half-day slots in prekindergarten\nprograms operated by community-based organizations in the current school\nyear; (iii) the number of four-year-old prekindergarten students in the\ncurrent school year the district is unable to serve due to a lack of\ncapacity; (iv) the reason for the lack of capacity, including the\navailability of appropriate space, facilities, and staff; and (v) any\nother information available to districts and determined by the\ncommissioner to be necessary to accurately estimate the unmet demand for\nfour-year-old prekindergarten programs within a district. School\ndistricts that are eligible to receive an apportionment under this\nsection or section thirty-six hundred two-ee of this part but have not\nclaimed the full apportionment shall include in the report to the\ncommissioner information on barriers to implementing new or expanding\nexisting universal prekindergarten programs despite available funding.\nSuch report shall be due on or before September first of each year and\nshall be collected as part of the application submitted pursuant to\nsubdivision five of this section. Beginning November first, two thousand\ntwenty-three, the commissioner shall annually submit a report to the\ngovernor, the temporary president of the senate, and the speaker of the\nassembly on the information reported by districts.\n * NB Repealed December 30, 2026\n 5. In any school district, other than the city school district of the\ncity of New York, that seeks an apportionment pursuant to this section,\nthe school district shall develop and submit an application pursuant to\nthe rules and regulations adopted by the board of regents and the\ncommissioner for such purpose. Such application shall be submitted by a\ndate and in a form prescribed by the commissioner pursuant to\nsubdivision eight of this section, including the program elements as\nprovided for in subdivision seven of this section and shall be\nconsistent with the plan adopted by the district.\n a. If the school district chooses to coordinate proposals for\nprekindergarten program services, it shall conduct a competitive process\nin accordance with procedures set forth by the commissioner and with the\nrequirements and regulations set forth in, and pursuant to, subdivisions\nseven, eight and twelve of this section.\n b. An application developed by coordinating proposals submitted by\neligible agencies pursuant to a competitive process shall ensure\ndelivery of prekindergarten program services in an effective, efficient\nand non-duplicative manner.\n c. The results of the competitive process for prekindergarten program\nservices shall be made public at a regular meeting of the board of\neducation. An eligible agency may request a written statement from the\nboard of education stating why the application was not accepted.\n d. Notwithstanding any other provision of law, the school districts\nshall be authorized to enter any contractual or other arrangements\nnecessary to implement the district's prekindergarten plan.\n e. Not less than ten percent of the total grant award to the school\ndistrict shall be set aside for collaborative efforts with eligible\nagencies, provided that the commissioner may waive such set aside\nrequirement based upon documented evidence that the school district was\nunable to use the set aside to make a collaborative arrangement that\nwould meet all requirements of this subdivision because of\nunavailability of eligible agencies willing to collaborate or other\nfactors beyond the control of the school district, or for school\ndistricts which have fully implemented a universal prekindergarten\nprogram by serving all eligible four year olds in the nineteen hundred\nninety-eight--ninety-nine school year and due to parental choice the ten\npercent set aside requirement exceeds the total of the district's aid\nper kindergarten pupil multiplied by the number of pre-kindergarten\npupils in collaborative programs. In such cases, school districts shall\nset aside, for collaborative efforts with eligible agencies, the total\nof the district's aid per kindergarten pupil multiplied by the number of\nprekindergarten pupils in collaborative programs.\n f. Notwithstanding any other provisions of this section to the\ncontrary, two or more school districts may submit a joint application to\noperate a joint universal prekindergarten program. For purposes of\nparagraph e of this subdivision and all other provisions of this section\nexcept subdivision ten, all references to a school district shall be\ndeemed a reference to all school districts participating in such joint\nprogram as if they were a single district. For purposes of subdivision\nten of this section, the grant award for the joint program shall be the\nsum of the grant awards computed for each participating district\npursuant to such subdivision ten.\n 6. In the city school district of the city of New York, if a community\nschool superintendent seeks to receive an apportionment pursuant to this\nsection, the community school superintendent shall submit such plan to\nthe chancellor for adoption, modification or rejection.\n a. If the chancellor adopts such plan as submitted or as modified by\nthe chancellor, the chancellor shall submit an application in accordance\nwith subdivision five of this section.\n b. If the chancellor rejects such plan, he or she shall notify the\ncommunity superintendent in writing and shall state the reasons for such\nrejection.\n The community superintendent may modify and resubmit such application\nto the chancellor for adoption.\n 7. In order to receive approval from the commissioner to implement a\nprekindergarten program, applications and proposals shall demonstrate\nthat the program to be implemented contains, at a minimum, the following\ncomponents:\n a. provides for an age and developmentally appropriate curriculum and\nactivities which are learner-centered;\n b. provides for an assessment of the development of language,\ncognitive and social skills;\n c. ensures continuity in the program with instruction in the early\nelementary grades;\n d. encourages children to be self-assured and independent;\n e. encourages the co-location and integration of children with special\nneeds;\n f. utilizes staff who meet the qualifications set forth pursuant to\nthe rules of the board of regents;\n g. provides for strong parental partnerships and involvement in the\nimplementation of and participation in the plan;\n h. provides staff development and teacher training for staff and\nteachers in all settings in which prekindergarten services are provided\npursuant to this section; and\n i. establishes a method for selection of eligible children to receive\nprekindergarten program services on a random selection basis where there\nare more eligible children than can be served in a given school year,\nprovided, however, that a school district that operated a targeted\nprekindergarten program in the base year may use the selection process\nestablished for such program.\n 8. Each application for a prekindergarten program pursuant to this\nsection shall be on a form prescribed by the commissioner and shall\ninclude, but not be limited to:\n a. a prekindergarten program plan identifying specific goals,\nincluding how the district will expand its program to assure that all\neligible children may be served, and a proposed timetable for the\nimplementation and achievement of such goals;\n b. a proposed budget and a description of the proposed use of the\ngrant funds including the mechanism for the distribution of such funds;\n c. the local share to be used, as defined by the commissioner, which\nmay include resources which may be available from the community;\n d. the participation and contribution of each of the collaborative\npartners; and\n e. a description of any costs associated with the administration of\nthe program.\n 9. a. Each year, the commissioner shall determine the maximum\nallocation that each district would be eligible to receive pursuant to\nthis section in the following school year based on pupil data on file\nwith the commissioner on a date prescribed by the commissioner, and\napplying the formula specified in subdivision ten of this section. No\nlater than April thirtieth of the base year, the commissioner shall\nnotify districts of the maximum allocations they may be eligible for\npursuant to this section in the following school year, and such maximum\nallocations shall be deemed final and not subject to change thereafter.\n b. The board of regents and the commissioner shall develop criteria\nfor awarding all grants pursuant to this section. The commissioner shall\ngive preference to those applications which demonstrate innovative\nmethods for serving eligible children, are strong collaborative\narrangements which maximize, to the extent possible, the utilization of\nexisting resources of the school district, eligible agencies and the\ncommunity, have an immediate capacity for providing services, and which\ncan most effectively address the prekindergarten needs of each of the\neligible children.\n 10. Universal prekindergarten aid. Notwithstanding any provision of\nlaw to the contrary,\n (i) for aid payable in the two thousand eight--two thousand nine\nschool year, the grant to each eligible school district for universal\nprekindergarten aid shall be computed pursuant to this subdivision, and\n (ii) for the two thousand nine--two thousand ten and two thousand\nten--two thousand eleven school years, each school district shall be\neligible for a maximum grant equal to the amount computed for such\nschool district for the base year in the electronic data file produced\nby the commissioner in support of the two thousand nine--two thousand\nten education, labor and family assistance budget, provided, however,\nthat in the case of a district implementing programs for the first time\nor implementing expansion programs in the two thousand eight--two\nthousand nine school year where such programs operate for a minimum of\nninety days in any one school year as provided in section 151-1.4 of the\nregulations of the commissioner, for the two thousand nine--two thousand\nten and two thousand ten--two thousand eleven school years, such school\ndistrict shall be eligible for a maximum grant equal to the amount\ncomputed pursuant to paragraph a of subdivision nine of this section in\nthe two thousand eight--two thousand nine school year, and\n (iii) for the two thousand eleven--two thousand twelve school year\neach school district shall be eligible for a maximum grant equal to the\namount set forth for such school district as "UNIVERSAL PREKINDERGARTEN"\nunder the heading "2011-12 ESTIMATED AIDS" in the school aid computer\nlisting produced by the commissioner in support of the enacted budget\nfor the 2011-12 school year and entitled "SA111-2", and\n (iv) for two thousand twelve--two thousand thirteen through two\nthousand sixteen--two thousand seventeen school years each school\ndistrict shall be eligible for a maximum grant equal to the greater of\n(A) the amount set forth for such school district as "UNIVERSAL\nPREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the\nschool aid computer listing produced by the commissioner in support of\nthe enacted budget for the 2011-12 school year and entitled "SA111-2",\nor (B) the amount set forth for such school district as "UNIVERSAL\nPREKINDERGARTEN" under the heading "2010-11 BASE YEAR AIDS" in the\nschool aid computer listing produced by the commissioner on May\nfifteenth, two thousand eleven pursuant to paragraph b of subdivision\ntwenty-one of section three hundred five of this chapter, and\n (v) for the two thousand seventeen--two thousand eighteen and two\nthousand eighteen--two thousand nineteen school years, each school\ndistrict shall be eligible to receive a grant amount equal to the sum of\n(A) the amount set forth for such school district as "UNIVERSAL\nPREKINDERGARTEN" under the heading "2016-17 ESTIMATED AIDS" in the\nschool aid computer listing produced by the commissioner in support of\nthe enacted budget for the two thousand sixteen--two thousand seventeen\nschool year and entitled "SA161-7" plus (B) the amount awarded to such\nschool district for the priority full-day prekindergarten and expanded\nhalf-day prekindergarten grant program for high need students for the\ntwo thousand sixteen--two thousand seventeen school year pursuant to\nchapter fifty-three of the laws of two thousand thirteen, provided that\nfor purposes of calculating the maintenance of effort reduction in\nsubdivision eleven of this section grant amounts shall be the\nfour-year-old grant amount, and\n (vi) for the two thousand nineteen--two thousand twenty school year,\neach school district shall be eligible to receive a grant amount equal\nto the sum of (A) the amount set forth for such school district as\n"UNIVERSAL PREKINDERGARTEN" in the school aid computer listing produced\nby the commissioner in support of the enacted budget for the two\nthousand eighteen--two thousand nineteen school year plus (B) the amount\nawarded to such school district for the federal preschool development\nexpansion grant for the two thousand seventeen--two thousand eighteen\nschool year pursuant to the American Recovery and Reinvestment Act of\n2009 (ARRA), Sections 14005, 14006, and 14013, Title XIV, (Public Law\n112-10), as amended by section 1832(b) of Division B of the Department\nof Defense and Full-Year Continuing Appropriations Act, 2011 (Pub. L.\n112-10), and the Department of Education Appropriations Act, 2012 (Title\nIII Division F of Pub. L. 112-74, the Consolidated Appropriations Act,\n2012) plus (C) the amount awarded to such school district for the\nexpanded prekindergarten program for three and four year-olds for the\ntwo thousand eighteen--two thousand nineteen school year pursuant to\nchapter sixty-one of the laws of two thousand fifteen plus (D) the\namount awarded to such school district for the expanded prekindergarten\nfor three-year-olds in high need districts program for the two thousand\neighteen--two thousand nineteen school year pursuant to chapter\nfifty-three of the laws of two thousand sixteen plus (E) the amount\nawarded to such school district for the expanded prekindergarten program\nfor three- and four-year-olds for the two thousand eighteen--two\nthousand nineteen school year pursuant to a chapter of the laws of two\nthousand seventeen plus (F) the amount awarded to such school district,\nsubject to an available appropriation, through the pre-kindergarten\nexpansion grant for the two thousand eighteen--two thousand nineteen\nschool year, provided that such school district has met all requirements\npursuant to this section and for purposes of calculating the maintenance\nof effort reduction in subdivision eleven of this section that such\ngrant amounts shall be divided into a four-year-old grant amount based\non the amount each district was eligible to receive in the base year to\nserve four-year-old prekindergarten pupils and a three-year-old grant\namount based on the amount each district was eligible to receive in the\nbase year to serve three-year-old pupils, and\n (vii) for the two thousand twenty--two thousand twenty-one school\nyear, each school district shall be eligible to receive a grant amount\nequal to the amount set forth for such school district as "UNIVERSAL\nPREKINDERGARTEN ALLOCATION" on the computer file produced by the\ncommissioner in support of the enacted budget for the prior year\nexcluding amounts subject to section thirty-six hundred two-ee of this\npart, and provided further that the maximum grant shall not exceed the\ntotal actual grant expenditures incurred by the school district in the\ncurrent school year as approved by the commissioner, and\n (viii) for the two thousand twenty-one--two thousand twenty-two school\nyear, each school district shall be eligible to receive a grant amount\nequal to the sum of (A) the amount set forth for such school district as\n"UNIVERSAL PREKINDERGARTEN ALLOCATION" on the computer file produced by\nthe commissioner in support of the enacted budget for the prior year\nexcluding amounts subject to section thirty-six hundred two-ee of this\npart and further excluding amounts paid pursuant to subdivision nineteen\nof this section plus (B) the Full-day 4-Year-Old Universal\nPrekindergarten Expansion added pursuant to paragraph e of subdivision\nnineteen of this section, provided that such school district has met all\nrequirements pursuant to this section and such grants shall be added\ninto a four-year-old grant amount based on the amount each district was\neligible to receive in the base year to serve four-year-old\nprekindergarten pupils, and provided further that the maximum grant\nshall not exceed the total actual grant expenditures incurred by the\nschool district in the current school year as approved by the\ncommissioner, and\n (ix) for the two thousand twenty-two--two thousand twenty-three school\nyear and thereafter, each school district shall be eligible to receive a\ngrant amount equal to the sum of (A) the amount set forth for such\nschool district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the\ncomputer file produced by the commissioner in support of the enacted\nbudget for the prior year excluding amounts subject to section\nthirty-six hundred two-ee of this part and further excluding amounts\npaid pursuant to subdivision nineteen of this section plus (B) the\nFull-day 4-Year-Old Universal Prekindergarten Expansion added pursuant\nto paragraph e of subdivision nineteen of this section, provided that\nsuch school district has met all requirements pursuant to this section\nand such grants shall be added into a four-year-old grant amount based\non the amount each district was eligible to receive in the base year to\nserve four-year-old prekindergarten pupils, plus (C) funds allocated\npursuant to a universal prekindergarten expansion under subdivision\ntwenty of this section as of the school aid computer listing produced by\nthe commissioner in support of the enacted budget for the current year,\nprovided that such grant amounts shall be divided into a four-year-old\ngrant amount based on the amount each district was eligible to receive\nin the base year to serve four-year-old prekindergarten pupils, if any,\nand a three-year-old grant amount based on the amount each district was\neligible to receive in the base year to serve three-year-old pupils, if\nany, and provided further that the maximum grant shall not exceed the\ntotal actual grant expenditures incurred by the school district in the\ncurrent school year as approved by the commissioner.\n a. Each school district shall be eligible to serve the sum of (i)\neligible full-day four-year-old prekindergarten pupils plus (ii)\neligible half-day four-year-old prekindergarten pupils plus (iii)\neligible full-day three-year-old prekindergarten pupils plus (iv)\neligible half-day three-year-old prekindergarten pupils.\n b. For purposes of paragraph a of this subdivision:\n (i) "Selected aid per prekindergarten pupil" shall equal the greater\nof (A) the product of five-tenths and the school district's selected\nfoundation aid for the current year, or (B) the aid per prekindergarten\npupil calculated pursuant to this subdivision for the two thousand\nsix-two thousand seven school year, based on data on file for the school\naid computer listing produced by the commissioner in support of the\nenacted budget for the two thousand six--two thousand seven school year\nand entitled "SA060-7"; provided, however, that in the two thousand\neight--two thousand nine school year, a city school district in a city\nhaving a population of one million inhabitants or more shall not be\neligible to select aid per prekindergarten pupil pursuant to clause (A)\nof this subparagraph;\n (ii) (1) "Eligible Full-day four-year-old prekindergarten pupils"\nshall equal:\n For the two thousand seventeen--two thousand eighteen school year the\nsum of, from the priority full-day prekindergarten program, (A) the\nmaximum aidable pupils such district was eligible to serve in the base\nyear plus (B) the maximum aidable number of half-day prekindergarten\npupils converted into a full-day prekindergarten pupil in the base year;\n For the two thousand eighteen--two thousand nineteen school year the\nsum of, from the programs pursuant to this section, (A) the maximum\naidable full-day prekindergarten pupils such district was eligible to\nserve in the base year plus (B) the maximum aidable number of half-day\nprekindergarten pupils converted into full-day prekindergarten pupils in\nthe base year;\n For the two thousand nineteen--two thousand twenty school year the sum\nof, from each of (A) the programs pursuant to this section, (B) the\nfederal preschool development expansion grant, (C) the expanded\nprekindergarten program, (D) the expanded prekindergarten program for\nthree- and four-year-olds, and (E) the prekindergarten expansion grant,\n(1) the maximum aidable full-day four-year-old prekindergarten pupils\nsuch district was eligible to serve in the base year, plus (2) the\nmaximum aidable number of half-day four-year-old prekindergarten pupils\nconverted into full-day prekindergarten pupils in the base year;\n For the two thousand twenty--two thousand twenty-one school year the\nsum of, from each of (A) the programs pursuant to this section and (B)\nthe pre-kindergarten expansion grant, (1) the maximum aidable full-day\nfour-year-old prekindergarten pupils such district was eligible to serve\nin the base year, plus (2) the maximum aidable number of half-day\nfour-year-old prekindergarten pupils converted into full-day\nprekindergarten pupils in the base year;\n For the two thousand twenty-one--two thousand twenty-two school year,\nthe sum of, from the programs pursuant to this subdivision, (1) the\nmaximum aidable full-day four-year-old prekindergarten pupils such\ndistrict was eligible to serve in the base year, plus (2) the maximum\naidable number of half-day four-year-old prekindergarten pupils\nconverted into full-day prekindergarten pupils in the base year, plus\n(3) expansion slots added pursuant to paragraph e of subdivision\nnineteen of this section.\n For the two thousand twenty-two--two thousand twenty-three school year\nand thereafter, the sum of, from the programs pursuant to this\nsubdivision, (1) the maximum aidable full-day four-year-old\nprekindergarten pupils such district was eligible to serve in the base\nyear, plus (2) the maximum aidable number of half-day four-year-old\nprekindergarten pupils converted into full-day prekindergarten pupils in\nthe base year, plus (3) expansion slots calculated pursuant to\nsubdivision twenty of this section.\n (2) "Eligible full-day three-year-old prekindergarten pupils" shall\nequal:\n For the two thousand nineteen--two thousand twenty school year, the\nsum of, from each of (A) the expanded prekindergarten program, (B) the\nexpanded prekindergarten program for three-year-olds, (C) the expanded\nprekindergarten program for three- and four-year-olds, and (D) the\nprekindergarten expansion grant, (1) the maximum aidable full-day\nthree-year-old prekindergarten pupils such district was eligible to\nserve in the base year, plus (2) the maximum aidable number of half-day\nthree-year-old prekindergarten pupils converted into full-day\nprekindergarten pupils in the base year;\n For the two thousand twenty--two thousand twenty-one school year and\nthereafter, the sum of, from each of (A) the programs pursuant to this\nsection, and (B) the prekindergarten expansion grant, (1) the maximum\naidable full-day three-year-old prekindergarten pupils such district was\neligible to serve in the base year, plus (2) the maximum aidable number\nof half-day three-year-old prekindergarten pupils converted into\nfull-day prekindergarten pupils in the base year;\n (iii) (1) "Eligible half-day four-year-old prekindergarten pupils"\nshall equal:\n For the two thousand seventeen--two thousand eighteen school year the\nsum of the maximum aidable half-day prekindergarten pupils such district\nwas eligible to serve for the base year from (A) the program pursuant to\nthis section plus such pupils from (B) the priority full-day\nprekindergarten program, less the maximum aidable number of half-day\nprekindergarten pupils converted into full-day prekindergarten pupils\nunder the priority full-day prekindergarten program for the base year;\n For the two thousand eighteen--two thousand nineteen school year, the\nmaximum aidable half-day prekindergarten pupils such district was\neligible to serve for the base year from the program pursuant to this\nsection;\n For the two thousand nineteen--two thousand twenty school year, the\nsum of the maximum aidable half-day four-year-old prekindergarten pupils\nsuch district was eligible to serve for the base year from (A) the\nprogram pursuant to this section plus such pupils from (B) the expanded\nprekindergarten program plus such pupils from (C) the expanded\nprekindergarten program for three- and four-year-olds plus such pupils\nfrom (D) the prekindergarten expansion grant, less the sum of the\nmaximum aidable number of half-day four-year-old prekindergarten pupils\nconverted into full-day four-year-old prekindergarten pupils under each\nof (1) the federal preschool expansion grant for the base year plus such\npupils from (2) the expanded prekindergarten program plus such pupils\nfrom (3) the expanded prekindergarten program for three- and\nfour-year-olds plus such pupils from (4) the prekindergarten expansion\ngrant for the base year;\n For the two thousand twenty--two thousand twenty-one school year and\nthereafter, the sum of the maximum aidable half-day four-year-old\nprekindergarten pupils such district was eligible to serve for the base\nyear from (A) the program pursuant to this section plus such pupils from\n(B) the pre-kindergarten expansion grant, less the maximum aidable\nnumber of half-day four-year-old prekindergarten pupils converted into\nfull-day four-year-old prekindergarten pupils under the prekindergarten\nexpansion grant for the base year;\n (2) "Eligible half-day three-year-old prekindergarten pupils" shall\nequal:\n For the two thousand nineteen--two thousand twenty school year, the\nsum of the maximum aidable half-day three-year-old prekindergarten\npupils such district was eligible to serve for the base year from (A)\nthe expanded prekindergarten program plus such pupils from (B) the\nexpanded prekindergarten for three-year-olds plus such pupils from (C)\nthe expanded prekindergarten program for three- and four-year-olds plus\nsuch pupils from (D) the prekindergarten expansion grant, less the sum\nof the maximum aidable number of half-day three-year-old prekindergarten\npupils converted into full-day three-year-old prekindergarten pupils\nunder each of (1) the expanded prekindergarten program plus such pupils\nfrom (2) the expanded prekindergarten for three-year-olds plus such\npupils from (3) the expanded prekindergarten program for three- and\nfour-year-olds plus such pupils from (4) the prekindergarten expansion\ngrant for the base year;\n For the two thousand twenty--two thousand twenty-one school year and\nthereafter, the sum of the maximum aidable half-day three-year-old\nprekindergarten pupils such district was eligible to serve for the base\nyear from (A) the program pursuant to this section plus such pupils from\n(B) the prekindergarten expansion grant, less the maximum aidable number\nof half-day three-year-old prekindergarten pupils converted into\nfull-day three-year-old prekindergarten pupils under the prekindergarten\nexpansion grant for the base year;\n (iv) "Unserved four-year-old prekindergarten pupils" shall mean the\nproduct of eighty-five percent multiplied by the positive difference, if\nany, between the sum of the public school enrollment and the nonpublic\nschool enrollment of children attending full day and half day\nkindergarten programs in the district in the year prior to the base year\nless the number of resident children who attain the age of four before\nDecember first of the base year, who were served during such school year\nby a prekindergarten program approved pursuant to section forty-four\nhundred ten of this chapter, where such services are provided for more\nthan four hours per day;\n (v) (1) "Prekindergarten four-year-old maintenance of effort base"\nshall mean the number of eligible full-day four-year-old prekindergarten\npupils set forth for the district in this paragraph plus the product of\none half (0.5) multiplied by the number of eligible half-day\nfour-year-old prekindergarten pupils set forth for the district in this\nparagraph;\n (2) "Prekindergarten three-year-old maintenance of effort base" shall\nmean the number of eligible full-day three-year-old prekindergarten\npupils set forth for the district in this paragraph plus the product of\none half (0.5) multiplied by the number of eligible half-day\nthree-year-old prekindergarten pupils set forth for the district in this\nparagraph;\n (vi) (1) "Current year four-year-old prekindergarten pupils served"\nshall mean the sum of full day four-year-old prekindergarten pupils\nserved in the current year plus the product of one half (0.5) multiplied\nby the half day four-year-old prekindergarten pupils in the current year\nless the half-day four-year-old conversion overage;\n (2) "Current year three-year-old prekindergarten pupils served" shall\nmean the sum of full day three-year-old prekindergarten pupils served in\nthe current year plus the product of one half (0.5) multiplied by the\nhalf day three-year-old prekindergarten pupils in the current year less\nthe half-day three-year-old conversion overage;\n (vii) (1) "Half-day four-year-old conversion overage" shall equal, for\ndistricts with thirty percent fewer full-day four-year-old\nprekindergarten pupils served in the current year than eligible full-day\nfour-year-old prekindergarten pupils as set forth in this paragraph due\nto the conversion of full-day four-year-old prekindergarten pupils\nserved in the current year to half-day four year-old prekindergarten\npupils served in the current year, the difference of the product of\nseven-tenths multiplied by the eligible full-day four-year-old\nprekindergarten pupils rounded down to the nearest whole number, less\nthe number of full-day four-year-old prekindergarten pupils served in\nthe current year;\n (2) "Half-day three-year-old conversion overage" shall equal, for\ndistricts with thirty percent fewer full-day three-year-old\nprekindergarten pupils served in the current year than eligible full-day\nthree-year-old prekindergarten pupils as set forth in paragraph b of\nthis subdivision due to the conversion of full-day three-year-old\nprekindergarten pupils served in the current year to half-day\nthree-year-old prekindergarten pupils served in the current year, the\ndifference of the product of seven-tenths multiplied by the eligible\nfull-day three-year-old prekindergarten pupils rounded down to the\nnearest whole number, less the number of full-day three-year-old\nprekindergarten pupils served in the current year;\n (3) Provided that a district may apply to the commissioner for a\nhardship waiver that would allow a district to convert more than thirty\npercent of full-day four-year-old prekindergarten pupils served in the\ncurrent year to half-day four-year-old prekindergarten pupils served in\nthe current year or three-year-old prekindergarten pupils served in the\ncurrent year to half-day three-year-old prekindergarten pupils served in\nthe current year and receive funding for such slots. Such waiver shall\nbe granted upon a demonstration by the school district that due to a\nsignificant change in the resources available to the school district and\nabsent this hardship waiver, the school district would be unable to\nserve such pupils in prekindergarten programs, without causing\nsignificant disruption to other district programming;\n (viii) (1) "Maintenance of effort factor for four-year-olds" shall\nmean the quotient arrived at when dividing the current year\nfour-year-old prekindergarten pupils served by the prekindergarten\nfour-year-old maintenance of effort base;\n (2) "Maintenance of effort factor for three-year-olds" shall mean the\nquotient arrived at when dividing the current year three-year-old\nprekindergarten pupils served by the prekindergarten three-year-old\nmaintenance of effort base;\n (ix) For the purposes of this paragraph:\n (A) "Priority full-day prekindergarten program" shall mean the\npriority full-day prekindergarten and expanded half-day prekindergarten\ngrant program for high need students pursuant to chapter fifty-three of\nthe laws of two thousand thirteen;\n (B) "Federal preschool development expansion grant" shall mean the\nfederal preschool development expansion grant pursuant to the American\nRecovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and\n14013, Title XIV, (Public Law 112-10), as amended by section 1832(b) of\nDivision B of the Department of Defense and Full-Year Continuing\nAppropriations Act, 2011 (Pub. L. 112-10), and the Department of\nEducation Appropriations Act, 2012 (Title III Division F of Pub. L.\n112-74, the Consolidated Appropriations Act, 2012);\n (C) "Expanded prekindergarten program" shall mean the expanded\nprekindergarten program for three- and four-year-olds pursuant to\nchapter sixty-one of the laws of two thousand fifteen;\n (D) "Expanded prekindergarten for three-year-olds" shall mean the\nexpanded prekindergarten for three-year-olds in high need districts\nprogram pursuant to chapter fifty-three of the laws of two thousand\nsixteen;\n (E) "Expanded prekindergarten program for three- and four-year-olds"\nshall mean the expanded prekindergarten program for three- and\nfour-year-olds pursuant to a chapter of the laws of two thousand\nseventeen;\n (F) "Prekindergarten expansion grant" shall mean the prekindergarten\nexpansion grant for the two thousand eighteen--two thousand nineteen\nschool year and thereafter, pursuant to subdivision eighteen of this\nsection, to the extent such program was available subject to\nappropriation, and provided that such school district has met all\nrequirements pursuant to this section.\n c. Notwithstanding any other provision of this section, the total\ngrant payable pursuant to this section shall equal the lesser of: (i)\nthe sum of the four-year-old grant amount plus the three-year-old grant\namount computed pursuant to this subdivision for the current year, based\non data on file with the commissioner as of September first of the\nschool year immediately following or (ii) the total actual grant\nexpenditures incurred by the school district as approved by the\ncommissioner.\n d. Notwithstanding any other provision of this section, apportionments\nunder this section greater than the amounts provided in the two thousand\nsixteen--two thousand seventeen school year shall only be used to\nsupplement and not supplant current local expenditures of local funds on\nprekindergarten programs and the number of eligible full-day\nfour-year-old prekindergarten pupils and eligible full-day\nthree-year-old prekindergarten pupils in such programs from such\nsources. Current local expenditures shall include any local expenditures\nof local funds used to supplement or extend services provided directly\nor via contract to eligible children enrolled in a universal\nprekindergarten program pursuant to this section.\n 11. Maintenance of effort reduction.\n (a) Where a school district's current year four-year-old\nprekindergarten pupils served is less than its prekindergarten\nfour-year-old maintenance of effort base, the school district shall have\nits current year four-year-old apportionment equal to the product of the\nfour-year-old maintenance of effort factor computed in paragraph b of\nsubdivision ten of this section multiplied by the four-year-old grant\namount it was eligible to receive pursuant to subdivision ten of this\nsection.\n (b) Where a school district's current year three-year-old\nprekindergarten pupils served is less than its prekindergarten\nthree-year-old maintenance of effort base, the school district shall\nhave its current year three-year-old apportionment equal to the product\nof the three-year-old maintenance of effort factor computed in paragraph\nb of subdivision ten of this section multiplied by the three-year-old\ngrant amount it was eligible to receive pursuant to subdivision ten of\nthis section.\n 12. The board of regents and the commissioner shall be authorized to\nadopt regulations to implement the provisions of this section and which\nshall prescribe uniform quality standards for such prekindergarten\nprograms. In developing such regulations, the board of regents and the\ncommissioner shall consider and seek to coordinate any regulations which\nmay currently be applicable to any existing programs or eligible\nagencies. In addition, the regents when developing regulations shall\nconsider and recognize the diversity of settings and models available\nfor the delivery of prekindergarten programs operated by eligible\nagencies in alternative settings, including libraries and community\nbased organizations, that comply with this section. Such regulations\nshall include but not be limited to:\n a. minimum qualifications for personnel providing instructional and\nother services in prekindergarten programs. In promulgating such\nregulations, the commissioner and the board of regents shall take into\naccount the availability of certified teachers and teaching assistants\nto provide instruction in prekindergarten programs and shall consider\nways to increase the pool of qualified personnel;\n b. curriculum standards consistent with the New York state\nprekindergarten early learning standards to ensure that such programs\nhave strong instructional content that is integrated with the school\ndistrict's instructional program in grades kindergarten through twelve;\n c. performance standards for prekindergarten programs, which shall\ninclude procedures for assessing the performance of such programs and\nestablishing mechanisms for tracking progress of such programs and\nreporting such progress to parents of prekindergarten students and the\npublic;\n d. transitional guidelines and rules which allow a program to meet the\nrequired staff qualifications and any other requirements set forth\npursuant to this section and regulations adopted by the board of regents\nand the commissioner; provided that such guidelines include an annual\nprocess by which a district may apply to the commissioner by September\nfirst of the current school year for a waiver that would allow personnel\nemployed by an eligible agency that is collaborating with a school\ndistrict to provide prekindergarten services and licensed by an agency\nother than the department, to meet the staff qualifications prescribed\nby the licensing or registering agency. Provided, further, that the\ncommissioner shall annually submit a report by November first to the\nchairperson of the assembly ways and means committee, the chairperson of\nthe senate finance committee and the director of the budget which shall\ninclude but not be limited to the following: (a) a listing of the school\ndistricts receiving a waiver pursuant to this paragraph from the\ncommissioner for the current school year; (b) the number and proportion\nof students within each district receiving a waiver pursuant to this\nparagraph for the current school year that are receiving instruction\nfrom personnel employed by an eligible agency that is collaborating with\na school district to provide prekindergarten services and licensed by an\nagency other than the department; and (c) the number and proportion of\ntotal prekindergarten personnel for each school district that are\nproviding instructional services pursuant to this paragraph that are\nemployed by an eligible agency that is collaborating with a school\ndistrict to provide prekindergarten services and licensed by an agency\nother than the department, to meet the staff qualifications prescribed\nby the licensing or registering agency.\n e. health and safety standards;\n f. time requirements which reflect the needs of the individual school\ndistricts for flexibility, but meeting a minimum weekly time\nrequirement; provided, however, that the minimum weekly time requirement\nfor full-day programs shall be twenty-five hours, and the weekly minimum\ntime requirement for half-day programs shall be twelve and one-half\nhours;\n g. the staff/child ratio;\n h. reasonable grounds and basis for the non-acceptance of a proposal\nsubmitted to the school district when the proposal otherwise meets, to\nthe extent applicable, all the regulations of the commissioner and the\nrequirements set forth in this subdivision, as well as subdivisions\nseven and eight of this section;\n i. any other program components, such as health, nutrition or support\nservices, which the regents deem appropriate and necessary for the\nappropriate and effective implementation of a prekindergarten program;\n j. a provision for a waiver of any inconsistent provisions of this\nsection or the regulations implementing this section to allow school\ndistricts that operated a targeted prekindergarten program in the two\nthousand six--two thousand seven school year to continue to operate such\nprogram pursuant to the regulations of the commissioner that applied to\ntargeted prekindergarten programs in such school year; provided that,\nnotwithstanding any other provision of this section to the contrary, the\namounts allocated to such targeted prekindergarten program from grants\nawarded pursuant to this section shall not exceed the amount of targeted\nprekindergarten grant funds received by the district for the two\nthousand six--two thousand seven school year;\n k. a process by which a school district must submit an application;\n l. a definition of the approved expenditures for which grant funds may\nbe used, which shall include but not be limited to transportation\nservices and lease expense or other appropriate facilities expenses; and\n m. a process for the waiver of the time requirements established\npursuant to this subdivision in order to authorize the operation of a\nsummer universal prekindergarten program limited to the months of July\nand August, upon a finding by the commissioner that the school district\nis unable to operate the program during the regular school session\nbecause of a lack of available space pursuant to regulations of the\ncommissioner. Notwithstanding any other provision of this section to the\ncontrary, such process shall provide for a reduction of the aid per\nprekindergarten pupil payable for pupils served pursuant to such waiver\nby one one-hundred eightieth of the aid per prekindergarten pupil\ndetermined pursuant to paragraph a of subdivision ten or subparagraph\n(i) of paragraph b of subdivision ten-a of this section for each day\nless than one hundred eighty days that the summer program is in session.\n 13. Each school district that has implemented a prekindergarten\nprogram shall on an annual basis report to the board of regents, the\ncommissioner, parents, teachers and the public on the status of such\nprogram. Such annual report shall include a financial summary of the\napproved expenditures of the program, as defined pursuant to paragraph l\nof subdivision twelve of this section, setting forth the expenditures\nfrom state, local and other revenue sources, and the district shall\nmaintain documentation to insure that all grant funds are used for such\napproved expenditures.\n 14. On February fifteenth, two thousand, and annually thereafter, the\ncommissioner and the board of regents shall include in its annual report\nto the legislature and the governor, information on school districts\nreceiving grants under this section; the amount of each grant; a\ndescription of the program that each grant supports and an assessment by\nthe commissioner of the extent to which the program meets measurable\noutcomes required by the grant program or regulations of such\ncommissioner; and any other relevant information, which shall include\nbut not be limited to the following:\n a. (i) the total number of students served in state-funded\ndistrict-operated prekindergarten programs, (ii) the total number of\nstudents served in state-funded community-based prekindergarten\nprograms, (iii) the total number of students served in state-funded\nhalf-day prekindergarten programs, and (iv) the total number of students\nserved in state-funded full-day prekindergarten programs;\n b. (i) the total number of students served in state, federal and\nlocally funded district-operated prekindergarten programs, (ii) the\ntotal number of students served in state, federal and locally funded\ncommunity-based prekindergarten programs, (iii) the total number of\nstudents served in state, federal and locally funded half-day\nprekindergarten programs, and (iv) the total number of students served\nin state, federal and locally funded full-day prekindergarten programs;\n c. the total spending on prekindergarten programs from state, federal,\nand local sources;\n d. the total number of students on a district wait list for a\nprekindergarten slot in a state-funded prekindergarten program; and\n e. for each program described in subparagraphs (i), (ii), (iii) and\n(iv) of paragraph a of this subdivision, and subparagraphs (i), (ii),\n(iii) and (iv) of paragraph b of this subdivision, the total number of\nstudents served with disabilities that have an individualized education\nplan and, of those, the total number of students requiring any of the\nfollowing approved services: special education itinerant services;\nspecial class in an integrated setting; or a special class. Such report\nshall also contain any recommendations to improve or otherwise change\nthe program.\n 15. The commissioner shall also provide for a system for evaluation\nand assessment of the prekindergarten programs which have been\nimplemented to determine the short and long-term success, outcomes and\neffects of the programs based on relevant and measurable performance\nstandards. The commissioner shall prohibit the administration of\ntraditional standardized tests, as defined in regulations issued by the\ncommissioner, in prekindergarten programs; provided, however, that\nnothing herein shall prohibit assessments in which students perform\nreal-world tasks that demonstrate application of knowledge and skills or\nassessments that are otherwise required to be administered by federal\nlaw.\n 16. The grant payable to a school district pursuant to this section in\nthe current year shall be reduced by one one-hundred eightieth for each\nday less than one hundred eighty days that the universal prekindergarten\nclasses of the district were actually in session, except that the\ncommissioner may disregard such reduction for any deficiency that may be\ndisregarded in computing total foundation aid pursuant to subdivision\nseven or eight of section thirty-six hundred four of this chapter and in\naddition may disregard a reduction for any deficiency that is caused by\na delay in the opening of public school classes due to extraordinarily\nadverse weather conditions or other cause cited in such subdivision\nseven of section thirty-six hundred four that results in cancellation of\nthe prekindergarten program or of transportation to such program.\n 17. Approved quality indicators. A school district receiving funding\npursuant to this section shall agree to adopt approved quality\nindicators within two years, including, but not limited to, valid and\nreliable measures of environmental quality, the quality of\nteacher-student interactions and child outcomes, and ensure that any\nsuch assessment of child outcomes shall not be used to make high-stakes\neducational decisions for individual children.\n 18. Universal prekindergarten expansion grants. a. Subject to\navailable appropriation, any additional funding for pre-kindergarten in\nthe two thousand eighteen--two thousand nineteen school year and\nthereafter shall be made available for additional grants for\npre-kindergarten programs; provided that such grants shall be awarded to\nschool districts to establish new full-day and half-day prekindergarten\nplacements. All school districts shall be eligible to apply for such\ngrants, which shall be awarded based on factors including, but not\nlimited to, the following: (i) measures of school district need, (ii)\nmeasures of the need of students to be served by the school district,\n(iii) the school district's proposal to target the highest-need schools\nand students, (iv) the extent to which the district's proposal would\nprioritize funds to maximize the total number of eligible children in\nthe district served in prekindergarten programs, and (v) proposal\nquality.\n b. Such grants shall only be available to support programs: (i) that\nagree to offer instruction consistent with applicable New York state\nprekindergarten early learning standards; and (ii) that otherwise comply\nwith all of the same rules and requirements as universal prekindergarten\nprograms pursuant to this section.\n c. A school district's grant shall equal the product of: (i) (A) two\nmultiplied by the approved number of new full-day prekindergarten\nplacements plus (B) the approved number of half-day prekindergarten\nplacement conversions and new half-day prekindergarten placements, and\n(ii) the district's selected aid per prekindergarten pupil pursuant to\nsubparagraph (i) of paragraph b of subdivision ten of this section;\nprovided, however, that no district shall receive a grant in excess of\nthe total actual grant expenditures incurred by the district in the\ncurrent school year as approved by the commissioner.\n 19. Full-day four-year-old universal prekindergarten expansion. a.\nAllocation. For the two thousand twenty-one--two thousand twenty-two\nthrough two-thousand twenty-three--two thousand twenty-four school\nyears, school districts shall be eligible to receive a grant amount\nequal to twice the product of expansion slots multiplied by selected aid\nper prekindergarten pupil calculated pursuant to subparagraph i of\nparagraph b of subdivision ten of this section for the two thousand\ntwenty-one--two thousand twenty-two school year, and provided further\nthat this allocation shall not exceed the total actual full-day\nfour-year-old universal prekindergarten expansion grant expenditures\nincurred by the school district in the current school year as approved\nby the commissioner. Grantees awarded funds under this subdivision shall\ncomply with all of the same rules and requirements as the universal\nprekindergarten programs pursuant to this section.\n b. Expansion slots. (i) For the two thousand twenty-one--two thousand\ntwenty-two school year, for eligible school districts, the preliminary\nslot count shall be equal to the positive difference of: (1) the product\nof three thousand five hundred and four ten-thousandths (0.3504) and\nunserved four-year-old prekindergarten pupils calculated pursuant to\nsubparagraph (iv) of paragraph b of subdivision ten of this section;\nless (2) the sum of: (A) full-day four-year-old prekindergarten pupils\nserved in the two thousand nineteen--two thousand twenty school year\npursuant to this section; plus (B) students served in full-day\nprekindergarten programs funded by grants pursuant to section thirty-six\nhundred two-ee of this part in the year prior to the base year. If such\npreliminary slot count is less than ten, the expansion slots shall be\nzero; if such preliminary slot count is greater than or equal to ten but\nless than twenty, the expansion slots shall be twenty; for all other\neligible districts, the expansion slots shall equal to the preliminary\nslot count.\n c. Eligibility. (i) For the two thousand twenty-one--two thousand\ntwenty-two school year, school districts shall be eligible for this\nexpansion if: (1) the combined wealth ratio computed pursuant to\nsubparagraph one of paragraph c of subdivision three of section\nthirty-six hundred two of this part is less than two (2.0); and (2) the\nquotient arrived at when dividing: (A) the sum of: (1) full-day and\nhalf-day four-year-old prekindergarten pupils served in the two thousand\nnineteen--two thousand twenty school year pursuant to this section; plus\n(2) students served in full-day prekindergarten programs funded by\ngrants pursuant to section thirty-six hundred two-ee of this part in the\ntwo thousand nineteen--two thousand twenty school year; divided by (B)\nunserved four-year-old prekindergarten pupils calculated pursuant to\nsubparagraph (iv) of paragraph b of subdivision ten of this section is\nless than five tenths (0.50).\n d. Maintenance of effort. Where a school district serves fewer\nfour-year-old prekindergarten pupils in full-day programs funded by the\nfull-day four-year-old universal prekindergarten expansion pursuant to\nthis subdivision than the number of expansion slots as defined in\nparagraph b of this subdivision, the school district shall have its\ncurrent year full-day four-year-old universal prekindergarten expansion\npayment reduced to an amount equal to the product of: (i) the full-day\nfour-year-old universal prekindergarten expansion; multiplied by (ii)\nthe quotient of four-year-old prekindergarten pupils served in programs\nfunded by the full-day four-year-old universal prekindergarten expansion\ndivided by the number of expansion slots. Funds provided pursuant to\nthis subdivision shall only be used to supplement and not supplant\ncurrent local expenditures of state or local funds on prekindergarten\nprograms.\n e. Universal prekindergarten program consolidation. In the event the\ndirector of the budget determines that the available appropriation of\nfederal funds is insufficient for the allocation pursuant to this\nsubdivision, the difference between the available appropriation and the\nallocation shall be added to universal prekindergarten aid grants\npursuant to subdivision ten of this section. The department shall\ndetermine which and how many grants shall be awarded pursuant to\nsubdivision ten of this section in lieu of this subdivision provided\nthat such determination shall be subject to the approval of the director\nof the budget. The corresponding number of expansion slots shall also be\nadded to eligible full-day four-year-old prekindergarten pupils as\ndefined in subparagraph (ii) of paragraph b of subdivision ten of this\nsection to ensure continuity of services. Provided that for the two\nthousand twenty-four--two thousand twenty-five school year, any full-day\nfour-year-old universal prekindergarten expansion allocation from the\ntwo thousand twenty-three--two thousand twenty-four school year not\npreviously added to universal prekindergarten aid grants pursuant to\nthis paragraph shall be so added, and all expansion slots not previously\nadded to eligible full-day four-year-old prekindergarten pupils shall\nalso be added.\n f. Future expansions. Within the additional amounts appropriated\ntherefor in the state budgets enacted for the two thousand\ntwenty-two--two thousand twenty-three and two thousand twenty-three--two\nthousand twenty-four fiscal years, additional grants shall be allocated\npursuant to this subdivision.\n g. Notwithstanding any inconsistent provision of law, for the purposes\nof determining the prekindergarten allocation on the electronic data\nfile prepared by the commissioner pursuant to subdivision twenty-one of\nsection three hundred five of this chapter for the two thousand\ntwenty-one--two thousand twenty-two through two thousand\ntwenty-three--two thousand twenty-four school years, the commissioner is\ndirected to include the grant amounts awarded pursuant to this section\nin the amount set forth for such school district as "UNIVERSAL\nPRE-KINDERGARTEN."\n 20. Universal prekindergarten expansions.\n a. Two thousand twenty-two--two thousand twenty-three school year.\n (i) The universal prekindergarten expansion for the two thousand\ntwenty-two--two thousand twenty-three school year shall be equal to\ntwice the product of (1) expansion slots multiplied by (2) selected aid\nper prekindergarten pupil calculated pursuant to subparagraph (i) of\nparagraph b of subdivision ten of this section for the two thousand\ntwenty-two--two thousand twenty-three school year.\n (ii) For purposes of this paragraph, "expansion slots" shall be slots\nfor new full-day four-year-old prekindergarten pupils for purposes of\nsubparagraph (ii) of paragraph b of subdivision 10 of this section.\nExpansion slots shall be equal to the positive difference, if any, of\n(1) the product of fifty-nine hundred and nineteen ten thousandths\n(0.5919) multiplied by unserved four-year-old prekindergarten pupils as\ndefined in subparagraph (iv) of paragraph b of subdivision ten of this\nsection less (2) the eligible four-year old students. If such expansion\nslots are greater than or equal to ten but less than twenty, the\nexpansion slots shall be twenty; if such expansion slots are less than\nten, the expansion slots shall be zero; and for a city school district\nin a city having a population of one million or more, the expansion\nslots shall be zero.\n (iii) For purposes of this paragraph, "eligible four-year old\nstudents" shall be equal to the sum of (1) eligible full-day\nfour-year-old prekindergarten pupils as defined in subparagraph (ii) of\nparagraph b of subdivision ten of this section for the base year plus\n(2) the product of five tenths (0.5) and the eligible half-day\nfour-year-old prekindergarten pupils as defined in subparagraph (ii) of\nparagraph b of subdivision ten of this section for the base year, plus\n(3) the maximum number of students that may be served by uncertified\nclassroom teachers in full-day prekindergarten programs funded by grants\npursuant to section thirty-six hundred two-ee of this part in the base\nyear, plus (4) expansion slots for the base year pursuant to subdivision\nnineteen of this section.\n b. Two thousand twenty-three--two thousand twenty-four school year.\n (i) The universal prekindergarten expansion for the two thousand\ntwenty-three--two thousand twenty-four school year shall be equal to\ntwice the product of (1) expansion slots multiplied by (2) selected aid\nper prekindergarten pupil calculated pursuant to subparagraph (i) of\nparagraph b of subdivision ten of this section for the two thousand\ntwenty-three--two thousand twenty-four school year.\n (ii) For purposes of this paragraph, "expansion slots" shall be slots\nfor new full-day four-year-old prekindergarten pupils for purposes of\nsubparagraph (ii) of paragraph b of subdivision ten of this section.\nExpansion slots shall be equal to the positive difference, if any, of\n(1) the product of eight hundred ninety-seven thousandths (0.897)\nmultiplied by unserved four-year-old prekindergarten pupils as defined\nin subparagraph (iv) of paragraph b of subdivision ten of this section\nless (2) the sum of four-year-old students served plus the underserved\ncount. If such expansion slots are greater than or equal to ten but less\nthan twenty, the expansion slots shall be twenty; if such expansion\nslots are less than ten, the expansion slots shall be zero; and for a\ncity school district in a city having a population of one million or\nmore, the expansion slots shall be zero.\n (iii) For purposes of this paragraph, "four-year-old students served"\nshall be equal to the sum of (1) the number of four-year-old students\nserved in full-day and half-day settings in a state funded program which\nmust meet the requirements of this section as reported to the department\nfor the two thousand twenty-one--two thousand twenty-two school year,\nplus (2) the number of four-year-old students served in full-day\nsettings in a state funded program which must meet the requirements of\nsection thirty-six hundred two-ee of this part and for which grants were\nawarded prior to the two thousand twenty--two thousand twenty-one school\nyear, plus (3) the number of expansion slots allocated pursuant to\nparagraph b of subdivision nineteen of this section, plus (4) the number\nof expansion slots allocated pursuant to paragraph a of this\nsubdivision, plus (5) the maximum number of students that may be served\nin full-day prekindergarten programs funded by grants which must meet\nthe requirements of section thirty-six hundred two-ee of this part for\ngrants awarded in the two thousand twenty-one--two thousand twenty-two\nor two thousand twenty-two--two thousand twenty-three school year.\n (iv) For purposes of this paragraph, the underserved count shall be\nequal to the positive difference, if any, of (1) the sum of (a) eligible\nfull-day four-year-old prekindergarten pupils as defined in subparagraph\n(ii) of paragraph b of subdivision ten of this section for the two\nthousand twenty-one--two thousand twenty-two school year, plus (b) the\nproduct of five-tenths (0.5) and the eligible half-day four-year-old\nprekindergarten pupils as defined in subparagraph (iii) of paragraph b\nof subdivision ten of this section for the two thousand twenty-one--two\nthousand twenty-two school year, less (2) the positive difference of (a)\nthe number of four-year-old students served in full-day and half-day\nsettings in a state-funded program which must meet the requirements of\nthis section as reported to the department for the two thousand\ntwenty-one--two thousand twenty-two school year, with students served in\nhalf-day settings multiplied by five-tenths (0.5), less (b) the number\nof pupils served in a conversion slot pursuant to section thirty-six\nhundred two-ee of this part in the two thousand twenty-one--two thousand\ntwenty-two school year multiplied by five-tenths (0.5).\n