N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 151-1.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 151-1.3 - Uniform quality standards for all universal prekindergarten classrooms, including both district-based and eligible agency-based classrooms

(a)Curriculum.

(1) Each school district operating a prekindergarten program shall adopt and implement 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 12.

(2) Each school district operating a prekindergarten program shall provide an early literacy and emergent reading instruction based on effective, evidence-based practices. Essential components of this program shall include:

(i) background knowledge;

(ii) phonological awareness;

(iii) expressive and receptive language;

(iv) vocabulary development; and

(v) phonemic awareness.

(3) Activities shall be learner-centered and shall be designed and provided in a way that promotes the child's total growth and development, and ensures that:

(i) children are encouraged to be self-assured and independent through a balanced schedule of teacher-initiated and child-initiated learning activities;

(ii) instructional materials and equipment shall be arranged in learning centers that promote a balance of individual and small group activities; and

(iii) teachers shall use intentional planning to focus instruction to meet differentiated learning styles of students.

(b)Assessments, monitoring and reporting.

(1) School districts shall establish a process for assessing the developmental baseline and progress of all children participating in the program. Such process must at a minimum provide for on-going assessment of the development of language, cognitive and social skills, and ensure that:

(i) the instrument(s) used for assessment must be valid and reliable; and

(ii) assessment information must be used to inform classroom instruction and professional learning.

(2) School districts shall use the results of such assessments to annually monitor and track prekindergarten program effectiveness. A program shall be considered effective if the enrolled children demonstrate significant gains, as determined by the commissioner, in language, cognitive and social skills. Provided, however, that for the 2019-2020 school year, school districts shall not be required to monitor and track prekindergarten program effectiveness due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

(3) Beginning in the 2008-2009 school year, school districts shall report annually, in a manner and timeline prescribed by the commissioner, the percentage of prekindergarten children making significant gains, as determined by the commissioner, in language, cognitive and social skills. The data shall be made part of school performance reports to parents and/or guardians of preschool children and the public. Provided, however, that for the 2019-2020 school year, school districts shall not be required to report such data or make such data part of school performance reports due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

(4) Prohibition on administration of traditional standardized tests. Notwithstanding the provisions of this subdivision, no school district shall administer traditional standardized tests in a pre-kindergarten program; provided that nothing herein shall prohibit assessments in which students perform real-world tasks that demonstrate application of knowledge and skills or assessments that are otherwise required to be administered by Federal law.

(c)Health and nutrition.

(1) All prekindergarten students shall be screened as new entrants as set forth in Part 117 of this Title.

(2) Prekindergarten programs that operate for less than three hours shall provide a nutritional meal and/or snack. Programs operating more than three hours shall provide appropriate meals and snacks to ensure that the nutritional needs of the children are met. Meals and snacks shall be provided in an environment conducive to interaction between staff and children and at a time appropriate to meet the children's needs and provide sufficient time for eating and interaction.

(d)Class size.

(1) The maximum class size for a prekindergarten class is 20 children. For classes of up to 18 students, there must be one teacher and one paraprofessional assigned to each class. For classes of 19 or 20 students, there must be one teacher and two paraprofessionals assigned to each class.

(2)

(i) Notwithstanding paragraph (1) of this subdivision, due to the COVID-19 crisis for the 2020-21 school year for school districts other than the City School District of the City of New York:

(a) for 3-year old students, with a class size of 7 children or less there must be one teacher assigned to each class; and

(b) for 4-year old students, with a class size of 8 children or less, there must be one teacher assigned to each class.

(ii) Notwithstanding paragraph (1) of this subdivision, due to the COVID-19 crisis for the 2020-21 school year the City School District of the City of New York:

(a) for 3-year old students, with a class size of 10 children or less, there must be one teacher assigned to each class; and

(b) for 4-year old students, with a class size of 12 children or less there must be one teacher assigned to each class.

(e)Staff qualifications.

(1) Prekindergarten teachers providing instruction through this Part shall possess:

(i) a teaching license or certificate valid for service in the early childhood grades pursuant to Part 80 of this Title; or

(ii) a teaching license or certificate for students with disabilities valid for service in early childhood grades pursuant to Part 80 of this Title; or

(iii) for eligible agencies collaborating with the district to provide prekindergarten services, a bachelor's degree in early childhood education or a teaching license or certificate valid for services in the childhood grades pursuant to Part 80 of this Title; or

(iv) a school district may annually apply to the Commissioner by September first of the current school year, on a form and format prescribed by the Commissioner, for a waiver that would allow personnel employed by an eligible agency that is collaborating with such school district to provide prekindergarten services, and licensed by an agency other than the department, to meet the staff qualifications prescribed by the licensing or registering agency.

(2) Unless all universal prekindergarten teachers at an eligible agency site possess a teaching license or certificate valid for services in the early childhood or childhood grades, the agencies operating such programs shall employ an on-site education director during the hours that the prekindergarten program is in operation that will be responsible for program implementation.

(i) The on-site director shall possess a teaching license or certificate valid for services in the early childhood or childhood grades pursuant to Part 80 of this Title.

(ii) Notwithstanding subparagraph (i) of this paragraph, if the agencies operating such programs are unable to employ an on-site education director who meets the qualifications prescribed in such subparagraph, they may employ an on-site education director who possesses a bachelor's degree or higher in early childhood education, and a written plan to obtain a certification valid for service in the early childhood grades within five years of the date such individual begins employment as a site director. Such plan shall be submitted to the Department by October 31 of each year in a form and format as prescribed by the Commissioner. The school district shall oversee program implementation by the eligible agency until the on-site education director meets the qualifications prescribed in subparagraph (i) of this paragraph.

(3) A prekindergarten teaching assistant providing instructional support in a prekindergarten classroom shall meet qualifications pursuant to Part 80 of this Title.

(4) A prekindergarten teacher aide providing support in a prekindergarten classroom shall meet the requirements prescribed by the local board of education.

(f)Fiscal and program oversight.

A school district shall monitor compliance by collaborating eligible agencies with all fiscal and program requirements, shall assess student progress in the prekindergarten program, and shall correct any identified deficiencies.

(g)Professional learning.

Professional learning shall be based on the instructional needs of children and shall be provided to prekindergarten teachers and staff in district and agency settings in which prekindergarten services are provided under this Subpart.

(h)Parental involvement.

Each school operating a prekindergarten program shall develop procedures to ensure active engagement of parents and/or guardians in the education of their children.

(i)Support services.

School districts shall provide, either directly or through referral, support services to children and their families necessary to support the child's participation in the prekindergarten program. Support services must be provided to the maximum extent practicable in the language or mode of communication which the parents and/or guardians and the child best understand. Whenever possible, such support services shall be provided in collaboration with other community organizations in a non-duplicative manner.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 151-1.3

Amended, New York State Register, Volume XXXVI, Issue 30, effective 7/30/2014

Amended New York State Register December 24, 2019/Volume XLI, Issue 52, eff. 12/24/2019

Amended New York State Register December 30, 2020/Volume XLII, Issue 52, eff. 12/30/2020

Amended New York State Register December 29, 2021/Volume XLIII, Issue 52, eff. 12/29/2021

Amended New York State Register January 25, 2023/Volume XLIV, Issue 04, eff. 1/25/2023

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/11/2023, exp. 11/9/2023 (Emergency)

Amended New York State Register November 1, 2023/Volume XLIV, Issue 44, eff. 11/1/2023