N.Y. EDN Law § 3602-E

§ 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,\nnon-profit organization, charter school, library, museum, 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 four-year-old children" shall mean resident children who\nare four years of age on or before December first of the year in which\nthey are enrolled or who will otherwise be first eligible to enter\npublic school kindergarten commencing with the following school year.\n c-1. "Eligible three-year-old children" shall mean resident children\nwho are three years of age on or before December first of the year in\nwhich they are enrolled or who will otherwise be first eligible to enter\npublic school kindergarten commencing two years from the time of\nenrollment.\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 f. "Universal access proxy" shall mean the product of eighty-five\npercent multiplied by the positive difference, if any, between the sum\nof the public school enrollment and the nonpublic school enrollment of\nchildren attending full-day and half-day kindergarten programs in the\ndistrict in the year prior to the base year less the number of resident\nchildren who attain the age of four before December first of the base\nyear, who were served during such school year by a prekindergarten\nprogram approved pursuant to section forty-four hundred ten of this\nchapter, where such services are provided for more than four hours per\nday.\n g. "Half-day program" shall mean a program which serves students for\nat least two and five-tenths hours but less than five hours per day.\n h. "Full-day program" shall mean a program which serves students for\nat least five hours per day.\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
" shall mean a program which serves students for\nat least two and five-tenths hours but less than five hours per day.\n h. "Full-day program" shall mean a program which serves students for\nat least five hours per day.\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
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
rly\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 10. Universal prekindergarten apportionment. School districts shall\nreceive a universal prekindergarten apportionment, in the two thousand\ntwenty-six--two thousand twenty-seven school year and thereafter, equal\nto the sum of the four-year-old apportionment and the three-year-old\napportionment.\n a. The four-year-old apportionment shall equal the lesser of (i) the\nproduct of aid per four-year-old prekindergarten pupil multiplied by\nfour-year-old prekindergarten pupils served, or (ii) total actual grant\nexpenditures incurred by the school district as approved by the\ncommissioner.\n (1) "Aid per four-year-old prekindergarten pupil" shall equal the\ngreater of (A) the school district's selected foundation aid for the\ncurrent year projection as of the final electronic data file prepared by\nthe commissioner pursuant to paragraph b of subdivision twenty-one of\nsection three hundred five of this chapter prior to July first of the\ncurrent year, calculated pursuant to subdivision four of section\nthirty-six hundred two of this part, (B) ten thousand dollars, or (C)\nthe amount set forth for such school district as "2025-26 4YO MAX UPK\nAID" on the school aid computer listing produced by the commissioner in\nsupport of the executive budget for the two thousand twenty-six--two\nthousand twenty-seven fiscal year and entitled "BT262-7" divided by the\namount set forth as "2025-26 4YO MAX FTE" on such listing.\n (2) "Four-year-old prekindergarten pupils served" shall mean the sum\nof (i) the unduplicated count of all eligible four-year-old children\nregistered to receive educational services in a full-day program, as\nregistered on the date prior to November first that is specified by the\ncommissioner as the enrollment reporting date for the school district,\nas reported to the commissioner plus (ii) for the two thousand\ntwenty-six--two thousand twenty-seven school year through the two\nthousand twenty-seven--two thousand twenty-eight school year, the\nproduct of five tenths multiplied by the unduplicated count of eligible\nfour-year-old children registered to receive educational services in a\nhalf-day program, as registered on
the school district,\nas reported to the commissioner plus (ii) for the two thousand\ntwenty-six--two thousand twenty-seven school year through the two\nthousand twenty-seven--two thousand twenty-eight school year, the\nproduct of five tenths multiplied by the unduplicated count of eligible\nfour-year-old children registered to receive educational services in a\nhalf-day program, as registered on such date and reported to the\ncommissioner.\n b. The three-year-old apportionment shall equal the lesser of (i) the\nproduct of the three-year-old maximum apportionment and the\nthree-year-old maintenance of effort percentage or (ii) total actual\ngrant expenditures incurred by the school district as approved by the\ncommissioner.\n (1) "Three-year-old maximum apportionment" shall equal the greater of\nthe three-year-old maximum apportionment from the base year or the\namount set forth for such school district as "2025-26 3YO MAX UPK AID"\non the school aid computer listing produced by the commissioner in\nsupport of the executive budget for the two thousand twenty-six--two\nthousand twenty-seven fiscal year and entitled "BT262-7."\n (2) "Three-year-old maintenance of effort percentage" shall equal the\nquotient of three-year-old students served divided by the maximum\neligible three-year-old students, but shall not exceed one hundred\npercent.\n (A) "Three-year-old students served" shall equal the sum of (i) the\nunduplicated count of eligible three-year-old children registered to\nreceive educational services in a full-day program as registered on the\ndate prior to November first that is specified by the commissioner as\nthe enrollment reporting date for the school district, as reported to\nthe commissioner, plus (ii) the product of five-tenths multiplied by the\nunduplicated count of eligible three-year-old children registered to\nreceive educational services in a half-day program, as registered on\nsuch date and reported to the commissioner, (iii) less the\nthree-year-old overage penalty.\n (I) "Three-year-old overage penalty" shall equal, for districts with\nthirty percent fewer three-year-old students served in full-day programs\nin the current year than the maximum eligible three-year-old full-day\nstudents, due to the conversion of the maximum eligible three-year-old\nfull-day students to three-year-old students served in half-day programs\nin the current year, the difference of the product of seven-tenths\nmultiplied by the maximum eligible three-year-old full-day students,\nrounded down to the nearest whole number, less the number of\nthree-year-old students served in full-day programs in the current year.\n (II) School districts may apply to the commissioner for a hardship\nwaiver that would allow a district to convert more than thirty percent\nof three-year-old students served in full-day programs in the current\nyear to three-year-old students served in half-day programs in the\ncurrent year. Such waiver shall be granted upon a demonstration by the\nschool district that due to a significant change in the resources\navailable to the school district and absent such hardship waiver, the\nschool district would be unable to serve such pupils in prekindergarten\nprograms, without causing significant disruption to other district\nprogramming. If a hardship waiver is granted, the three-year-old overage\npenalty shall be zero for the current school year
hool district that due to a significant change in the resources\navailable to the school district and absent such hardship waiver, the\nschool district would be unable to serve such pupils in prekindergarten\nprograms, without causing significant disruption to other district\nprogramming. If a hardship waiver is granted, the three-year-old overage\npenalty shall be zero for the current school year. No school district\nshall be eligible for a waiver in three or more consecutive school\nyears.\n (B) "Maximum eligible three-year-old students" shall equal the greater\nof the amount set forth for such school district as "2025-26 3YO MAX UPK\nFTE" on the school aid computer listing produced by the commissioner in\nsupport of the executive budget for the two thousand twenty-six--two\nthousand twenty-seven fiscal year and entitled "BT262-7" or the sum of\n(i) the maximum eligible three-year-old students in full-day programs in\nthe base year plus (ii) the product of five-tenths multiplied by the\nmaximum eligible three-year-old students in half-day programs in the\nbase year.\n c. School districts shall receive up to fifty percent of the universal\nprekindergarten apportionment defined in this subdivision upon approval\nof the application submitted pursuant to subdivision five of this\nsection, but not earlier than September first. School districts may be\neligible for an additional twenty percent of such apportionment after\nApril first of each school year upon completion of a request for funds\non a form designated by the commissioner. The remainder of such\napportionment shall be paid to each school district upon acceptance of a\nfinal expenditure report submitted on a form designated by the\ncommissioner in the following school year.\n 11. No later than the two thousand twenty-eight--two thousand\ntwenty-nine school year, all school districts shall serve in a full-day\nprekindergarten program all eligible four-year-old children whose parent\nor guardian applies to enroll such child in the district's universal\nprekindergarten program, whether such services are provided directly\nthrough the school district, a board of cooperative educational\nservices, or collaborative efforts between the school district and an\neligible agency or agencies.\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
o 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
ets, 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
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
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. Notwithstanding paragraph (a) of subdivision one of section\ntwenty-eight hundred fifty-four of this chapter and paragraph (c) of\nsubdivision two of section twenty-eight hundred fifty-four of this\nchapter, charter schools shall be eligible to participate in universal\nprekindergarten programs under this section as eligible agencies,\nprovided that all such monitoring, programmatic review and operational\nrequirements under this section shall be the responsibility of the\ncharter entity and shall be consistent with the requirements under\narticle fifty-six of this chapter. The provisions of paragraph (b) of\nsubdivision two of section twenty-eight hundred fifty-four of this\nchapter shall apply to the admission of prekindergarten students. The\nlimitations on the employment of uncertified teachers under paragraph\n(a-1) of subdivision three of section twenty-eight hundred fifty-four of\nthis chapter shall apply to all teachers from prekindergarten through\ngrade twelve.\n