PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:
Revised action:
Repeal of Subpart 151-1 and addition of a new Subpart 151-1 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 101 (not subdivided), 207 (not subdivided) and 3602-e(1), (2), and (5)–(16); and L. 2007, ch. 57, part B, section 19
Subject:
Universal prekindergarten programs.
Purpose:
To establish uniform quality standards for prekindergarten programs, criteria relating to program design, procedures for applying for universal prekindergarten grants, procedures by which districts select eligible agency collaborators through a competitive process, and facility requirements.
Substance of revised rule:
The State Education Department proposes to repeal Subpart 151-1 of the Regulations of the Commissioner of Education and promulgate a new Subpart 151-1, effective January 3, 2008. Since publication of a Notice of Revised Rule Making in the State Register on September 12, 2007, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement filed herewith. The following is a summary of the provisions of the revised proposed rule.
Section 151-1.1 specifies that the purpose of this Subpart is to provide four-year-old children with universal opportunity to access prekindergarten programs.
Section 151-1.2 defines approved expenditures, eligible agencies, eligible child, and universal prekindergarten program plan.
Section 151-1.3 establishes uniform quality standards for all universal prekindergarten classrooms, including both district-based and eligible agency-based settings. Such standards require:
(1) use of curricula, aligned with the State learning standards, that ensures continuity with instruction in the early elementary grades and is integrated with the district's instructional program in kindergarten through grade twelve
(2) early literacy and emergent reading instruction based on effective, evidence-based practices;
(3) activities to be learner-centered and to designed promote a child's total growth and development;
(4) a process for assessing the developmental baseline and progress of all children participating in the program, which shall at a minimum provide for on-going assessment of the development of language, cognitive and social skills in children
(5) all prekindergarten students shall be screened as new entrants as set forth in Part 117 of Title 8; prekindergarten programs operating less than three hours shall provide a nutritional meal and/or snack; and programs operating more than three hours shall provide appropriate meals and snacks to ensure the nutritional needs of the children are met;
(6) a maximum class size of 20 children and that there be one teacher and one paraprofessional for classes up to 18 children and one teacher and two paraprofessionals for classes of 19 or 20 children;
(7) universal prekindergarten program teachers and paraprofessionals in both school district and eligible agency settings to meet minimum staff qualifications;
(8) school districts to provide fiscal and program oversight and be accountable for student progress in all prekindergarten classrooms in district and agency settings;
(9) professional development be based on the instructional needs of children and be provided to all teachers and staff in both district and agency settings;
(10) the development of procedures to ensure active engagement of parents and/or guardians in the education of their children; and
(11) school districts to provide, either directly or through referral, support services to children and their families necessary to support the child's participation in the program.
Section 151-1.4 sets forth provisions related to the design of programs. Programs may be either full-day or half-day and must operate five days per week a minimum of 180 days per year. A district may operate a summer only program during the months of July and August only upon demonstrating to the Commissioner's satisfaction that the school district is unable to operate the program during the regular school session because of a lack of available space in both district buildings and eligible agencies. Unless waived by the Commissioner, a minimum of 10 percent of the total grant must be used for the provision of the instructional program through collaborative efforts with eligible agencies.
Section 151-1.4(d) provides that school districts must establish a process to select eligible children to receive universal prekindergarten services on a random basis where there are more eligible children than can be served in a given school year, provided, however, that a school district that operated a targeted prekindergarten program in the base year may use the selection process established for such program.
Section 151-1.4(e) provides that the environment and learning activities of the program shall be designed to promote and increase inclusion of preschool children with disabilities.
Section 151-1.4(f) provides that the program be designed to ensure that participating children with limited English proficiency are provided equal access to the program and opportunities to achieve the same program goals and standards as other participating children.
Section 151-1.5 establishes to application process by which school districts access their Universal Prekindergarten allocations. Two or more school districts may submit a joint application to operate a joint program with a maximum grant that is the sum of the allocation computed for each participating district. Provision is made for a written request to the Commissioner for a variance: (1) of the 10 percent set aside for collaboration as set forth in Education Law section 3602-e(5)(e); (2) class size requirements; (3) for districts that operated a targeted program under Subpart 151-2 in the 2006–2007 school year; and (4) for a summer only program, for district unable to operate during the regular school session.
Section 151-1.5(b)(7)(iii) allows districts that operated a targeted prekindergarten program in the 2006–2007 school year to seek variances of certain universal prekindergarten provisions and to continue to operate under the targeted prekindergarten regulations. The amount of funding supporting classrooms to which such variances apply may not exceed the amount of targeted prekindergarten grant funds received by the district for the 2006–2007 school year.
Section 151-1.5(a) and (b)(8) allow two or more school districts to submit a joint application to operate a joint universal prekindergarten program.
Section 151.1-6 provides that school districts must use a competitive process to determine which eligible agencies will collaborate with the district for the provisions of the instructional program. This section establishes minimum requirements for the request for proposals and identified criteria to be used when evaluating responses to such request. Section 151-1.6(e) requires school districts to conduct a minimum of one site visit to settings where the universal prekindergarten program will be located prior to contracting for services.
Section 151-1.7 states the facilities requirements for Universal Prekindergarten programs. These requirements are unchanged from the current regulation.
Revised rule compared with proposed rule:
Substantial revisions were made in section 151-1.3(e)(2).
Revised rule making(s) were previously published in the State Register on
September 12, 2007.
Text of revised proposed rule and any required statements and analyses may be obtained from:
Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, (518) 473-8296, e-mail: legal@mail. nysed.gov
Data, views or arguments may be submitted to:
Johanna Duncan-Poitier, Senior Deputy Commissioner of Education - P16, Education Department, 2M West Wing, Education Bldg., 89 Washington Ave., Albany, NY 12234, (518) 474-3862, e-mail: p16education@mail.nysed.gov
Public comment will be received until:
30 days after publication of this notice.
Regulatory Impact Statement
Since publication of a Notice of Revised Rule Making in the State Register on September 12, 2007, the following substantial revisions were made to the proposed rule.
Section 151-1.3(e)(1)(iii), was revised to permit possession of a license or certification in the childhood grades, together with a written plan to obtain certification valid for service in the early childhood grades within five years, as an additional alternative staff qualification requirement for teachers in eligible agencies collaborating with a school district to provide universal prekindergarten services.
Section 151-1.3(e)(2) was revised to permit an on-site director at an eligible agency site to possess a teaching license or certificate valid for service in either the early childhood or child hood grades.
These revisions will provide additional flexibility with respect to the staffing of eligible agencies offering universal prekindergarten instruction, and are consistent with the authorizing statute (Education Law section 3602-e, as amended by section 19 of Part B of Chapter 57 of the Laws of 2007), which directs that in promulgating regulations to carry out the statute's provisions, the Commission and Board of Regents shall take into account the availability of certified teachers and teaching assistants to provide instruction in prekindergarten programs and consider ways to increase the pool of qualified personnel.
The revisions do not require any further changes to the previously published Regulatory Impact Statement.
Regulatory Flexibility Analysis
Since publication of a Notice of Revised Rule Making in the State Register on September 12, 2007, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement filed herewith.
The revisions to the proposed rule do not require any further changes to the previously published Regulatory Flexibility Analysis.
Rural Area Flexibility Analysis
Since publication of a Notice of Revised Rule Making in the State Register on September 12, 2007, the proposed rule was revised as set forth in the Statement concerning the Regulatory Impact Statement filed herewith.
The above revisions to the proposed rule do not require any changes to the previously published Rural Area Flexibility Analysis.
Job Impact Statement
Since publication of a Notice of Revised Rule Making in the State Register on September 12, 2007, the proposed rule was revised as set forth in the State Concerning the Regulatory Impact Statement.
The proposed amendment, as revised, is necessary to conform Subpart 151-1 of the Commissioner's Regulations to Education Law section 3602-e, as amended by Chapter 57 of the Laws of 2007, relating to universal prekindergarten programs operated by public school districts, and will not have an adverse impact on jobs or employment activities. Because it is evident from the nature of the proposed revised amendment that it will have no impact on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not be prepared.
