ny-EDU-42-26-00008-P: Universal Prekindergarten (UPK) Program

I.D. No. EDU-42-26-00008-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of Subpart 151-1 of Title 8 NYCRR. Statutory authority: Education Law, sections 101, 207, 208, 305, 308, 3602-e; L. 2026, ch. 56, partA Subject: Universal Prekindergarten (UPK) Program. Purpose: Ensuring the regulations are consistent with statutory changes to the UPK program and to reflect additional policy changes. Substance of proposed rule (Full text is posted at the following State website: https://www.counsel.nysed.gov/rules/full-text-indices): The 2026-27 Enacted State Budget (sections 4 through 9 of Part A of Chapter 56 of the Laws of 2026 (Chapter 56) made significant changes to the State’s Universal Prekindergarten program (UPK). These changes include: a higher per pupil rate for many districts, the ability for districts to expand UPK seats, and the repeal of statewide universal full-day pre-kindergarten (section 3602-ee of the Education Law). Additionally, beginning in the 2028-2029 school year, school districts will be required to provide UPK for any interested eligible students. Therefore, the Department proposes to amend Subpart 151-1 of the Commissioner’s regulations, consistent with Chapter 56. The Department also proposes making additional policy and technical amendments to Subpart 151-1 as described below. Sections 151-1.1 and 151-1.2 D Sections 151-1.1 and 151-1.2 are amended to include reference to three-year-old children as eligible for UPK, consistent with Education Law § 3602(3). D Section 151-1.2 is amended to: o update definitions, consistent with Education Law § 3602, to require that UPK plans include specific goals and a timetable for imple- mentation; and NYS Register/October 21, 2026 o add definitions for Emergent Multilingual Learners (EMLs) and direct contract agencies. D Direct contract agencies are referenced throughout Subpart 151-1 as eligible recipients of UPK funding and subject to its provisions. Section 151-1.3 D Subdivision (a), curriculum, planning and implementation, is amended to reflect expectations of evidence-based and scientifically-based reading instruction, consistent with section 100.3(c) of the Commis- sioner’s regulations. D Subdivision (b), screening, progress monitoring and data-based deci- sion making, is amended to update terminology, remove outdated provi- sions, and update reporting requirements. D Subdivision (c), health and nutrition, is updated to ensure that UPK programs: o support students’ nutritional needs by ensuring the provision of a nutritional snack at no cost to children. Such programs must provide break- fast and/or lunch at no cost to children who would otherwise be unable to access such meals, including children experiencing homelessness or food insecurity. o follow statewide protocols for diapering and toileting, consistent with section 136.10 of the Commissioner’s regulations. D Subdivision (d),