S T A T E O F N E W Y O R K
________________________________________________________________________
5722
2011-2012 Regular Sessions
I N S E N A T E
June 13, 2011
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Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
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:
Section 1. The opening paragraph of subdivision 10 of section 3602-e
of the education law, as amended by section 38 of part A of chapter 58
of the laws of 2011, is amended to read as follows:
Notwithstanding any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the elec-
tronic data file produced by the commissioner in support of the two
thousand nine--two thousand ten education, labor and family assistance
budget, provided, however, that in the case of a district implementing
programs for the first time or implementing expansion programs in the
two thousand eight--two thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for the two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en school years, such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve and
two thousand twelve--two thousand thirteen school years each school
district shall be eligible for a maximum grant equal to the amount set
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
S. 5722 2
heading "2011-12 ESTIMATED AIDS" in the school aid computer listing
produced by the commissioner in support of the enacted budget for the
2011-12 school year and entitled "SA111-2", PROVIDED, HOWEVER, THAT
WHERE A SCHOOL DISTRICT HAS SUBMITTED CORRECTED DATA TO THE DEPARTMENT
PRIOR TO THE ENACTMENT OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOU-
SAND ELEVEN AND SUCH CORRECTED DATA IS NOT REFLECTED IN SUCH COMPUTER
LISTING, THE MAXIMUM GRANT AWARD SHALL BE ADJUSTED TO REFLECT SUCH
CORRECTED DATA, and provided further that the maximum grant shall not
exceed the total actual grant expenditures incurred by the school
district in the current school year as approved by the commissioner.
S 2. Subdivision 11 of section 3602-e of the education law, as amended
by section 19 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
11. Notwithstanding the provisions of subdivision ten of this section,
where the district serves fewer children during the current year than
THE LESSER OF THE CHILDREN SERVED in the base year OR THE MAXIMUM AIDA-
BLE PREKINDERGARTEN PUPILS COMPUTED FOR THE CURRENT YEAR, the school
district shall have its apportionment reduced in an amount proportional
to such deficiency in the current year or in the succeeding school year,
as determined by the commissioner, except such reduction shall not apply
to school districts which have fully implemented a universal pre-kinder-
garten program by making such program available to all eligible chil-
dren. Expenses incurred by the school district in implementing a pre-
kindergarten program plan pursuant to this subdivision shall be deemed
ordinary contingent expenses.
S 3. This act shall take effect immediately; provided that section two
of this act shall be deemed to have been in full force and effect on and
after July 1, 2010; and provided further that section one of this act
shall take effect on the same date and in the same manner as section 38
of part A of chapter 58 of the laws of 2011, takes effect.