New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter I - Scholarships and Grants
Part 151 - Apportionment for Prekindergarten Programs
Subpart 151-2 - Experimental Prekindergarten Programs
Section 151-2.3 - Program variations
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 151-2.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Notwithstanding any provisions of this Subpart to the contrary, the commissioner may find a school district eligible for funds appropriated by the Legislature for the operation of the following program variations:
(1) Programs which provide activities for
prekindergarten children, in conjunction with a grant to a Community Schools
Program.
(2) A home-based program
which serves both children and parents in the home through regular visits by a
trained staff member, provided that such program was funded during the 1988-89
school year. The requirements set forth in sections
151-2.4(b)(7) and
(11),
151-2.7,
151-2.8 and
151-2.9 of this Subpart, shall not
apply to such programs.
(3) Joint
Federal Chapter 1 and State experimental prekindergarten programs in schools
districts eligible for a concentration grant in excess of $200,000 in the base
year pursuant to section 1006 of chapter 1 of title 1 of the Elementary and
Secondary Education Act, as amended, 20 U.S.C. 2712 (title 20, Education,
sections 1241 to 3400, West Publishing Co., P.O. Box 64526, St. Paul, MN 55164;
available at Office of School Improvement Grants Management and Compliance,
Education Building Annex, Room 469, State Education Department, Albany, NY
12234). To be approved for funding, such a district shall submit an application
which demonstrates that:
(i) the program will
serve educationally deprived children, and no other criteria except age and
educational need will be used to select children for participation in the joint
program;
(ii) all program
requirements of this Part, except those relating to the selection of
prekindergarten children to participate in the joint program on the basis of
economic disadvantage, will be met;
(iii) priority in the selection of the
schools within the district for the establishment of new prekindergarten
programs or the expansion of prekindergarten programs funded in the base year
will be given to schools with the highest concentration of children from
low-income families, as determined from their ranking for purposes of chapter 1
pursuant to 34 CFR 200.30 (Code of Federal Regulations, 1989 Edition,
Superintendent of Public Documents, U.S. Government Printing Office,
Washington, DC 20402: 1984; available at Office of School Improvement Grants
Management and Compliance, Education Building Annex, Room 469, State Education
Department, Albany, NY 12234);
(iv)
prekindergarten children in the area served by schools selected as the site of
a prekindergarten program approved for funding pursuant to this paragraph shall
be selected for participation in order of greatest educational need;
and
(v) an exclusion has been
granted for the joint program from the comparability and supplement, not
supplant requirements under chapter 1 pursuant to 34 CFR 200.45 (Code of
Federal Regulations, 1989 Edition, Superintendent of Public Documents, U.S.
Government Printing Office, Washington, DC 20402: 1984; available at Office of
School Improvement Grants Management and Compliance, Education Building Annex,
Room 469, State Education Department, Albany, NY 12234).
(b) Notwithstanding any other provision of this Subpart, upon application by a school district, the commissioner may grant a variance from the requirements of this Subpart pertaining to the age of children served, limitations on program hours, the number of days per week that services are provided, staffing patterns, or the eligibility of home-based programs upon findings by the commissioner that:
(1) the granting of the variance is
educationally justified; and
(2)
the granting of the variance is consistent with the purposes of this
Subpart.
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