S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1580--A

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                   January 10, 2011
                                      ___________

       Introduced  by  Sens.  OPPENHEIMER, ADAMS, ADDABBO, KRUEGER, MONTGOMERY,
         PARKER -- read twice and ordered  printed,  and  when  printed  to  be
         committed  to the Committee on Education -- recommitted to the Commit-
         tee on Education in accordance with Senate Rule 6, sec. 8 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the education law, in relation  to  the  expenditure  of
         pre-kindergarten program grant funds

         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  is
    2  amended by adding a new paragraph d to read as follows:
    3    D.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY IN THE
    4  EVENT A SCHOOL DISTRICT WHICH IS ELIGIBLE TO RECEIVE A GRANT UNDER  THIS
    5  SECTION  IS  UNABLE TO EXPAND PRE-KINDERGARTEN PROGRAMS AS DETERMINED BY
    6  THE COMMISSIONER THEN SUCH DISTRICT SHALL BE PERMITTED  TO  UTILIZE  THE
    7  EQUIVALENT  OF  SUCH  UNUSED  PRE-KINDERGARTEN  GRANT  FUNDS  FOR  LOCAL
    8  PRE-KINDERGARTEN INITIATIVES, FULL-DAY PRE-KINDERGARTEN PROGRAMS  AND/OR
    9  TRANSPORTATION  SERVICES  FOR PRE-KINDERGARTEN PUPILS AS APPROVED BY THE
   10  COMMISSIONER, PROVIDED, HOWEVER, THAT SUCH EXCESS MAY NOT  BE  GENERATED
   11  THROUGH  A  REDUCTION  IN  PRE-KINDERGARTEN  STUDENTS  SERVED FROM THOSE
   12  SERVED IN THE BASE YEAR.
   13    S 2. Subdivision 11 of section 3602-e of the education law, as amended
   14  by section 19 of part B of chapter 57 of the laws of 2007, is amended to
   15  read as follows:
   16    11. Notwithstanding the provisions of subdivision ten of this section,
   17  where the district serves fewer children during the  current  year  than
   18  PROVIDED  FOR  BY  THE GRANT in the base year, the school district shall
   19  have its apportionment reduced in an amount proportional to  such  defi-
   20  ciency  in  the current year or in the succeeding school year, as deter-
   21  mined by the commissioner, except such  reduction  shall  not  apply  to

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05310-02-2

 S. 1580--A                          2

    1  school districts which have fully implemented a universal pre-kindergar-
    2  ten  program  by making such program available to all eligible children.
    3  SUCH REDUCTION SHALL NOT APPLY TO DISTRICTS THAT REDUCE  THE  NUMBER  OF
    4  AVAILABLE  PRE-KINDERGARTEN  STUDENTS  SERVED  SO  LONG  AS THE DISTRICT
    5  CONTINUES TO SERVE THE NUMBER OF CHILDREN PROVIDED FOR IN THE BASE YEAR.
    6  Expenses incurred by the school district in implementing  a  pre-kinder-
    7  garten  program  plan pursuant to this subdivision shall be deemed ordi-
    8  nary contingent expenses.
    9    S 3. This act shall take effect July 1, 2013.