Assembly Bill A11611

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

                                  11611

                          I N  A S S E M B L Y

                              June 30, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Maisel) --
  read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to allowing the  purchase
  of  curriculum  and  instructional  resources 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.  Subdivisions 2 and 3 of section 701 of the education law,
as amended by a chapter of the laws of 2010 amending the  education  law
relating  to  allowing  the  purchase  of  curriculum  and instructional
resources with money set aside for textbooks, as proposed in legislative
bills numbers S. 6776-B and A. 7883-B, are amended to read as follows:
  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.
  (b)  Curriculum  and  instructional resources for the purposes of this
section, shall mean inquiry-centered curriculum and instructional  mate-
rials,  [supplies,] manipulatives, SCIENTIFIC OR MATHEMATICAL MODELS, or
other CONCRETE MODELS OR HANDS-ON CLASSROOM TOOLS  AND  resources  which
are aligned with state standards AND CAN BE used by students [and teach-
ers]  DURING CLASSROOM LESSONS to support, REINFORCE and enhance [teach-
ing and] learning AND UNDERSTANDING OF CONCEPTS.
  (c)  EXPENDITURES  FOR  CURRICULUM  AND  INSTRUCTIONAL  RESOURCES,  AS
DEFINED  IN  PARAGRAPH (B) OF THIS SUBDIVISION, SHALL NOT EXCEED TEN PER
CENTUM OF TOTAL EXPENDITURES AUTHORIZED PURSUANT TO THIS SECTION.
  (D) Expenditures aided pursuant to this section shall not be  eligible
for  aid  pursuant  to  section  seven  hundred  eleven or seven hundred
fifty-one of this title.   Courseware or  other  content-based  instruc-
tional  materials  in an electronic format included in the definition of

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

                                                           LBD10303-09-0

A. 11611                            2

textbook pursuant to this subdivision shall be subject to the same limi-
tations 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 [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, curriculum
and instructional materials, 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
residing in such district who are enrolled in a nonpublic school.  Text-
books  and  curriculum  and  instructional  resources loaned to children
enrolled in said nonpublic schools shall be textbooks and curriculum and
instructional resources which are  designated  for  use  in  any  public
schools  of  the state or are approved by any boards of education, trus-
tees or other school authorities.  Such  textbooks  and  curriculum  and
instructional  resources  are to be loaned free to such children subject
to such rules and regulations 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.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws  of  2010  amending  the  education  law
relating  to  allowing  the  purchase  of  curriculum  and instructional
resources with money set aside for textbooks, as proposed in legislative
bills numbers S. 6776-B and A. 7883-B, takes effect.