S T A T E   O F   N E W   Y O R K
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                                  5722

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 13, 2011
                               ___________

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.