S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3928--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education law, in relation to allowing the  purchase
  of manipulatives with money set aside for textbooks

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 701 of the education law, as amended by chapter 587
of the laws of 1973, subdivision 2 as amended by section 1 of  part  A-1
of  chapter  58 of the laws of 2011, subdivision 3 as amended by chapter
391 of the laws of 1989, subdivision 4 as amended by chapter 82  of  the
laws of 1995, subdivision 6 as amended by section 6 of part B of chapter
57  of the laws of 2007, subdivision 7 as amended by section 2 of part A
of chapter 436 of the laws of 1997 and subdivision 8 as added by chapter
635 of the laws of 1984, is amended to read as follows:
  S 701. Power to designate text-books; purchase and loan of text-books;
purchase of supplies. 1. In the several cities and school  districts  of
the  state,  boards  of  education,  trustees or such body or officer as
perform the functions of such boards,  shall  designate  text-books  AND
MANIPULATIVES to be used in the schools under their charge.
  2.  (A)  A text-book, for the purposes of this section shall mean: (i)
any book, or a book substitute, which  shall  include  hard  covered  or
paperback  books,  work books, or manuals and (ii) for expenses incurred
after July first, nineteen hundred ninety-nine, any courseware or  other
content-based  instructional  materials in an electronic format, as such
terms are defined in the regulations of the commissioner, which a  pupil
is  required  to  use  as  a text, or a text-substitute, in a particular
class or program in the school he or she legally attends.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02856-04-3

              

S. 3928--A                          2

  (B) MANIPULATIVES  FOR  THE  PURPOSES  OF  THIS  SECTION,  SHALL  MEAN
SUPPLIES  AND MATERIALS USED TO SUPPORT TEACHING AND LEARNING AS PART OF
AN INQUIRY CENTERED CURRICULUM AS DEFINED BY THE COMMISSIONER.
  (C) For expenses incurred on or after July first, two thousand eleven,
a  text-book  shall also mean items of expenditure that are eligible for
an apportionment  pursuant  to  sections  seven  hundred  eleven,  seven
hundred  fifty-one and/or seven hundred fifty-three of this title, where
such items are designated by the school district  as  eligible  for  aid
pursuant  to  this section, provided, however, that if aided pursuant to
this section, such expenses shall not be aidable pursuant to  any  other
section of law.
  (D)  Expenditures aided pursuant to this section shall not be eligible
for aid pursuant to any  other  section  of  law.  Courseware  or  other
content-based  instructional  materials in an electronic format included
in the definition of textbook pursuant  to  this  subdivision  shall  be
subject  to  the  same  limitations on content as apply to books or book
substitutes aided pursuant to this section.
  3. In the several cities and school districts of the state, boards  of
education,  trustees or such body or officers as perform the function of
such boards shall have the power and duty to: (A) purchase and  to  loan
upon  individual  request,  textbooks,  to all children residing in such
district who are enrolled in a public school including children  attend-
ing the public schools of the district for whom the district is eligible
to  receive reimbursement pursuant to [paragraph a of] subdivision eight
of section thirty-two hundred two of this  chapter,  provided,  however,
that  such  children  shall not be counted by any other school district,
and to all children residing in such district  who  are  enrolled  in  a
nonpublic  school; AND (B) PURCHASE AND TO LOAN UPON INDIVIDUAL REQUEST,
MANIPULATIVES, TO  ALL  CHILDREN  RESIDING  IN  SUCH  DISTRICT  WHO  ARE
ENROLLED  IN  A  PUBLIC  SCHOOL  INCLUDING CHILDREN ATTENDING THE PUBLIC
SCHOOLS OF THE DISTRICT FOR WHOM THE DISTRICT  IS  ELIGIBLE  TO  RECEIVE
REIMBURSEMENT  PURSUANT  TO  SUBDIVISION  EIGHT  OF  SECTION  THIRTY-TWO
HUNDRED TWO OF THIS CHAPTER, PROVIDED, HOWEVER, THAT SUCH CHILDREN SHALL
NOT BE COUNTED BY ANY OTHER SCHOOL DISTRICT, AND TO ALL CHILDREN  RESID-
ING  IN  SUCH DISTRICT WHO ARE ENROLLED IN A NONPUBLIC SCHOOL. Textbooks
AND MANIPULATIVES loaned to children enrolled in said nonpublic  schools
shall be textbooks AND MANIPULATIVES which are designated for use in any
public  schools of the state or are approved by any boards of education,
trustees or other school authorities. Such textbooks  AND  MANIPULATIVES
are  to  be loaned free to such children subject to such rules and regu-
lations as are or may be prescribed by the board  of  regents  and  such
boards  of  education,  trustees or other school authorities. Enrollment
shall be as defined in subdivision one of section thirty-six hundred two
of this chapter.
  4. No school district shall  be  required  to  purchase  or  otherwise
acquire  textbooks  OR  MANIPULATIVES, the cost of which shall exceed an
amount equal to the apportionment pursuant to subdivision  six  of  this
section  plus a minimum lottery grant determined pursuant to subdivision
four of section ninety-two-c of the state finance law multiplied by  the
number of children residing in such district and so enrolled in the base
year;  and  no  school  district  shall be required to loan textbooks OR
MANIPULATIVES in excess of  the  textbooks  OR  MANIPULATIVES  owned  or
acquired by such district; provided, however that all textbooks OR MANI-
PULATIVES owned or acquired by such district shall be loaned to children
residing in the district and so enrolled in public and nonpublic schools
on an equitable basis.

S. 3928--A                          3

  5.  In the several cities and school districts of the state, boards of
education, trustees or other school authorities  may  purchase  supplies
and  either  rent,  sell  or  loan  the same to the pupils attending the
public schools in such cities and school districts upon such  terms  and
under  such rules and regulations as may be prescribed by such boards of
education, trustees or other school authorities.
  6. The commissioner, in addition to the annual apportionment of public
monies pursuant to other articles of this chapter,  shall  apportion  to
each  school  district  an amount equal to the cost of the textbooks AND
MANIPULATIVES purchased and loaned by  the  district  pursuant  to  this
section  in  the  base year, but in no case shall the aid apportioned to
the district exceed the product of the textbook factor  plus  a  minimum
lottery  grant, determined pursuant to subdivision four of section nine-
ty-two-c of the state finance law, and the sum  of  the  enrollments  in
grades  kindergarten through twelve in the base year calculated pursuant
to subparagraphs four, five, and six of paragraph n of  subdivision  one
of  section thirty-six hundred two of this chapter. Aid payable pursuant
to this section shall be deemed final and not subject  to  change  after
April thirtieth of the school year for which payment was due.
  For  aid  payable in the two thousand seven--two thousand eight school
year and thereafter, the textbook factor shall equal forty-three dollars
and twenty-five cents.
  7. The apportionment provided for in this section shall  be  paid,  at
such  times as may be determined by the commissioner and approved by the
director of the budget, during the school year in which the expenditures
are reported to the department prior to such apportionment. Expenditures
by a school district in excess of the product  of  the  textbook  factor
plus  a minimum lottery grant determined pursuant to subdivision four of
section ninety-two-c of the state finance law and the sum of the enroll-
ments in grades kindergarten through twelve in the base year  calculated
pursuant to subparagraphs four, five, and six of paragraph n of subdivi-
sion one of section thirty-six hundred two of this chapter in any school
year  shall be deemed approved operating expense of the district for the
purpose of computation of  state  aid  pursuant  to  section  thirty-six
hundred  two  of this chapter, but expenditures up to such product shall
not be deemed approved operating expenses for such purpose.
  8. In its discretion, a board of education may adopt regulations spec-
ifying the date by which requests for the purchase and loan of textbooks
AND/OR MANIPULATIVES must be received by the district.  Notice  of  such
date  shall  be  given to all non-public schools. Such date shall not be
earlier than the first day of June of the school year prior to that  for
which  such  textbooks  AND MANIPULATIVES are being requested, provided,
however, that a parent or guardian of a child not attending a particular
non-public school prior to June first of the school year  may  submit  a
written  request  for  textbooks AND/OR MANIPULATIVES within thirty days
after such child is enrolled in such  non-public  school.  In  no  event
however  shall  a  request  made later than the times otherwise provided
pursuant to this subdivision be denied where a reasonable explanation is
given for the delay in making the request.
  S 2. This act shall take effect immediately.