What is UPK?

In New York State, UPK is a state and federally funded prekindergarten program offered to families free of charge. The only eligibility requirement for UPK in New York State is a child's residency and age. UPK is not an entitlement in New York State and not all families currently have access to UPK. UPK entry is based on a lottery system and not all families who register are guaranteed a spot.

Is UPK participation mandatory?

No. UPK is a voluntary program for both districts and children. Parents and/or caregivers may choose, but are not required, to enroll their child(ren) in a UPK program. However, once enrolled, the school district’s attendance policy must be applied.

Is my child entitled to UPK?

No. UPK is not currently available to all families. Entry is based on eligibility and a lottery system. Not all families who register for UPK are guaranteed a spot. In the event that there are more UPK applicants than the number of available spots, a lottery is used in the selection process to determine who will participate. All students not selected during the lottery will be placed on a waiting list. If any vacancies occur during the year, they will be filled until the waiting list has been exhausted.

Who is eligible to register for UPK?

Section 3602-e of Education Law defines an “eligible child” as a resident child who is four years old on or before December 1st of the school year in which they are enrolled or who will otherwise be first eligible to enter public school kindergarten the following school year. For those districts that have State UPK allocational funding for resident children of three years of age, the same policies apply. For example, in a district whose cutoff date is December 1st, a child who turns five years of age on November 30 would be eligible for kindergarten, not UPK.

Is UPK available to three-year-old students?

The Greater Amsterdam School District provides access to a 3-year-old UPK program at our Community-Based Organizations, Whispering Pines Preschool and Head Start. A child is eligible for our 3 Year Old UPK when they are three years of age on or before December 1st of the school year in which they are enrolled.

What is the difference between UPK in a district classroom and UPK in an Eligible Agency, such as a Community-Based Organization (CBO)?

UPK programs offered throughout New York State are located in both district classrooms and CBOs. While UPK programs throughout the State may look different, all must offer a developmentally appropriate program that aligns with the New York State Prekindergarten Learning Standards. Additionally, UPK classrooms must follow the laws and regulations outlined in Education Law §3602-e, Commissioner’s Regulations §100.3, and Commissioner’s Regulations Subpart 151-1. These laws and regulations must be followed regardless of who is delivering the UPK instruction.

If I decide I do not want to register my child for UPK because they are not ready, can I enroll them in UPK the following year?

No. According to Section 3602-e of Education Law, a child is eligible for UPK when they are four years of age on or before December 1st of the school year in which they are enrolled or will otherwise be first eligible to enter public school kindergarten the following school year. Therefore, a child would only be eligible for UPK for one year.

If I don’t think my child is ready for kindergarten, can I hold them back in UPK?

No. According to Section 3602-e of Education Law, a child is eligible for UPK when they are four years of age on or before December 1st of the school year in which they are enrolled or who will otherwise be first eligible to enter public school kindergarten commencing with the following school year. Therefore, a child would only be eligible for UPK for one year. However, families can choose to send their child to a private prekindergarten program after attending UPK or deliver home instruction. Per Education Law §3205, the compulsory education age in New York State is 6 years of age by December 1st . If a child turns 6 on or after December 1st compulsory education begins the following September.

What qualifications do teachers need to have to teach in a UPK classroom?

Commissioner’s Regulations §151-1.3(e) states that teachers in school district operated UPK classrooms must hold: (1) a teaching license or certificate valid for service in the early childhood grades; (2) a teaching license or certificate for students with disabilities valid for service in early childhood grades; (3) for eligible agencies collaborating with the district, a bachelor’s degree in early childhood education or a teaching license or certificate valid for services in the childhood grades; or (4) a school district may annually apply to the Commissioner by August 1 of the current school year for a waiver that would allow personnel employed by an eligible agency that is collaborating with the district and licensed by an agency other than the department, to meet the staff qualifications of the licensing agency.

UPK Education

How do UPK programs ensure that children are learning? According to Section 3602-e of Education Law UPK programs provide a developmentally appropriate curriculum and activities which are child-centered. Each program also periodically measures each child’s development of language and literacy, cognitive, social, and emotional skills.

Do UPK programs serve children who receive special education programs and/or related services?

Yes, in order to receive approval from the Commissioner, UPK programs must, as appropriate encourage the enrollment of children with disabilities. Each school district is responsible for ensuring the implementation of Individualized Education Program (IEP) programs and services in the least restrictive environment so that all young children with disabilities have access to inclusive high-quality early learning opportunities with individualized and appropriate support.