Int. No. 281

By Council Members Lee, Morano, Louis, J. Sanchez, Thomas-Henry, Dinowitz, Hudson, Banks, Marte, Stevens, Feliz, Zhuang, De La Rosa, Carr, Paladino and Ariola

A Local Law to amend the administrative code of the city of New York, in relation to compensation for contracted pre-kindergarten education services providers

Be it enacted by the Council as follows:

Section 1. Chapter 1 of title 6 of the administrative code of the city of New York is amended by adding a new section 6-149 to read as follows:

§ 6-149 Compensation for contracted pre-kindergarten education services providers. a. Definitions. For purposes of this section, the following terms have the following meanings:

Benchmark date. The term “benchmark date” means July 1, 2025.

Chancellor. The term “chancellor” means the chancellor of the city school district of the city of New York.

Covered employee. The term “covered employee” means any individual employed by a covered provider who provides instructional, classroom, or related educational services directly to children, and holds appropriate credentials applicable to pre-kindergarten education as required under applicable law.

Covered provider. The term “covered provider” means any early education center with which the department contracts to provide pre-kindergarten.

Department. The term “department” means the New York city department of education.

Pre-Kindergarten. The term “pre-kindergarten” means an early childhood education program, run in contract with the department, serving children who are not yet old enough for kindergarten.

Similarly situated. The term “similarly situated” means equivalence in job title, role, credentials, years of experience, longevity, and any other compensation-related factors used by the department in determining salary differentials or step increases.

b. Compensation. No covered provider shall compensate a covered employee at a rate of wages less than the rate paid, as of the benchmark date, to similarly situated employees of the department.

c. Benefits. Covered employers shall provide to covered employees health and other benefits that are substantially equivalent in value to those provided to similarly situated department employees, or supplemental compensation to approximate the cost of such benefits, as determined and published by the department in consultation with the mayor, or an office or agency designated by the mayor. 

d. No automatic adjustments. The compensation and benefits obligations under this section shall apply only to the rates in effect as of the benchmark date and shall not be construed to require automatic adjustments unless and until amended by subsequent local law.

e. Non-retroactivity. The requirements of this section shall apply only to contracts awarded, renewed, or extended on or after the effective date of this local law.

f. No later than December 31, 2027, and annually thereafter, the chancellor shall submit to the speaker of the council and the mayor, and post conspicuously on the department’s website, a report regarding the implementation of the requirements of this section for the preceding academic year. Such report shall include the following information:

1. The number of covered providers subject to the requirements of this section in total and disaggregated by the community school district in which they are geographically located;

2. The number of covered employees subject to the requirements of this section in total and disaggregated by covered provider employing them; and

3. Any challenges in implementation.

§ 2. This local law takes effect 180 days after it becomes law.

AC

LSR #8789

01/07/26 1030 pm