(a) Prekindergarten and kindergarten programs [in] operated by public schools and [in] voluntarily registered nonpublic schools.

(1) Each such school operating a prekindergarten [or] and/or kindergarten 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 instructional program in grades one through twelve. [shall establish and provide an educational program based on and adapted to the ages, interests and needs of the children. Learning activities in such programs shall include:

(i) development of communication skills and exposure to literature;

(ii) dramatic play, creative art and music activities;

(iii) participation in group projects, discussion and games;

(iv) science and mathematical experiences;

(v) large muscle activities in prekindergarten and instruction in physical education in kindergarten pursuant to section 135.4(c)(2)(i) of this Title; and

(vi) instruction in health education for students in kindergarten pursuant to section 135.3(b) of this Title.]

(2) Each such school operating a prekindergarten and/or kindergarten program shall [establish and] provide an early literacy and emergent reading program based on [and adapted to the needs, ages and interests of the students.] effective, evidence-based instructional practices. [Elements] Essential components of [early literacy] this program[s]shall include[, but not be limited to:

(i) use of reading to obtain meaning from print;

(ii) frequent and intensive opportunities to read for learning and for pleasure;

(iii) activities that teach regular spelling-sound relationships;

(iv) learning about the nature of the alphabetic writing system; and

(v) understanding the structure of spoken words.]

[(3) Each such school operating a prekindergarten or kindergarten program shall develop procedures to actively involve each child's parents or guardians in such programs.]

STATUTORY AUTHORITY:

Education Law section 101 continues the existence of the Education Department, with the Board of Regents at its head, and authorizes the Regents to appoint the Commissioner of Education as the chief administrative officer of the Department, which is charged with the general management and supervision of public schools and the educational work of the State.

Education Law section 207 authorizes the Regents and the Commissioner to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the Department by law.

Education Law section 208 authorizes the Regents to establish examinations as to attainments in learning and to award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed.

Education Law section 215 provides the Commissioner with authority to require schools to submit reports containing such information as the Commissioner may prescribe.

Education Law section 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and authorizes the Commissioner to enforce laws relating to the educational system and to execute the Regents' educational policies.

Education Law section 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.

Education Law section 309 charges the Commissioner with the general supervision of boards of education and their management and conduct of all departments of education.

LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to align section 100.3(a) with the provisions of Subpart 151-1 of the Regulations of the Commissioner, which establishes requirements for the universal prekindergarten program.

NEEDS AND BENEFITS:

The proposed amendment is necessary to achieve consistency between the provisions of this Part and those in other Parts of the Regulations of the Commissioner of Education. Specifically, the proposed amendment will revise section 100.3(a) to align the program requirements for prekindergarten and kindergarten programs operated by school districts and voluntarily registered nonpublic schools with those established in Subpart 151-1 for state-funded universal prekindergarten programs. These amendments: require school districts to adopt and implement curricula that ensure strong instructional content aligned with the State learning standards and integrated with the instructional program in grades one through twelve; redefine the required components of early literacy and emergent reading instruction; identify the types of learning experiences that must be provided; and require procedures to ensure the active engagement of parents in the education of their children.

COSTS:

(a) Costs to State government: None.

(b) Costs to local government: None.

(c) Costs to private regulated parties: None.

(d) Costs to regulating agency for implementation and continued administration of this rule: None.

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title, and does not impose any additional costs.

LOCAL GOVERNMENT MANDATES:

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title, and does not impose any additional program, service, duty or responsibility on local governments.

PAPERWORK:

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title, and imposes no new paperwork requirements.

DUPLICATION:

The proposed amendment does not duplicate existing State or Federal requirements, and merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title.

ALTERNATIVES:

There are no significant alternatives and none were considered. The proposed amendment is necessary to conform section 100.3 of the Commissioner's Regulations to other provisions of this Title.

FEDERAL STANDARDS:

There are no related federal standards.

COMPLIANCE SCHEDULE:

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title. It is anticipated that school districts will be able to comply with the provisions of this amendment immediately.

Small Businesses:

The proposed amendment relates to program requirements for students in prekindergarten and kindergarten, and merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title, and does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that small businesses will not be affected, no further measures are needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

Local Governments:

EFFECT OF RULE:

The proposed amendment applies to all prekindergarten and kindergarten programs operated by public school districts and voluntarily registered nonpublic schools.

COMPLIANCE REQUIREMENTS:

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title, and does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements, professional services requirements or additional costs on school districts.

The proposed amendment is necessary to achieve consistency between the provisions of this Part and those in other Parts of the Regulations of the Commissioner of Education. Specifically, the proposed amendment will revise section 100.3(a) to align the program requirements for prekindergarten and kindergarten programs operated by school districts and voluntarily registered nonpublic schools with those established in Subpart 151-1 for State-funded universal prekindergarten programs. These amendments: require school districts to adopt and implement curricula that ensure strong instructional content aligned with the State learning standards and integrated with the instructional program in grades one through twelve; redefine the required components of early literacy and emergent reading instruction; identify the types of learning experiences that must be provided; and require procedures to ensure the active engagement of parents in the education of their children.

PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional professional services requirements on school districts or voluntarily registered nonpublic schools.

COMPLIANCE COSTS:

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title and will not impose any additional costs on school districts.

ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or new technological requirements on school districts.

MINIMIZING ADVERSE IMPACT:

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title, and does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements, professional services requirements or additional costs on school districts.

LOCAL GOVERNMENT PARTICIPATION:

Copies of the proposed amendment have been sent for review and comment to District Superintendents for distribution to school districts within their service areas. The proposed amendment will also be posted on the Universal Prekindergarten web site to facilitate a wide distribution. In addition, the proposed amendment will be disseminated to the Department's External Work Group on Universal Prekindergarten, which includes representatives from school districts.

TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to all school districts and voluntarily registered nonpublic schools in the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title, and does not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements, or professional services requirements, on rural areas.

Specifically, the proposed amendment will revise section 100.3(a) to align the program requirements for prekindergarten and kindergarten programs operated by school districts and voluntarily registered nonpublic schools with those established in Subpart 151-1 for State-funded universal prekindergarten programs. These amendments: require school districts to adopt and implement curricula that ensure strong instructional content aligned with the State learning standards and integrated with the instructional program in grades one through twelve; redefine the required components of early literacy and emergent reading instruction; identify the types of learning experiences that must be provided; and require procedures to ensure the active engagement of parents in the education of their children.

COMPLIANCE COSTS:

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title and will not impose any additional costs on rural areas.

MINIMIZING ADVERSE IMPACT:

The proposed amendment merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title and will not impose any additional costs or compliance requirements on school districts. Furthermore, because this amendment is applicable to school districts and voluntarily registered nonpublic schools across the State, it was not possible to provide for a lesser standard or an exemption for such public schools and nonpublic schools located in rural areas.

RURAL AREA PARTICIPATION:

The proposed amendment has been sent for review and comment to members of the Department's Rural Advisory Committee, which includes representatives from rural areas. The proposed amendment will also be posted on the Universal Prekindergarten web site to facilitate a wide distribution. Additionally, the proposed amendments will be disseminated to the Department's External Work Group on Universal Prekindergarten, which includes representatives from rural areas.

The proposed amendment relates to program requirements for prekindergarten and kindergarten programs operated by school districts and voluntarily registered nonpublic schools, and merely conforms section 100.3 of the Commissioner's Regulations to other provisions of this Title and will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will no impact on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.