Assembly Bill A3276

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

                                  3276

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M.  of  A.  EDDINGTON  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to establishing the read-
  ing for educational achievement and development program (READ)

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

  Section  1. Legislative intent. The legislature hereby finds that high
quality reading skills form the basis for educational success and hereby
determines that a program to promote high quality reading  skills  shall
be  established.  This  program shall be known as the reading for educa-
tional achievement and development program (READ).  This  program  shall
provide  for  the  collection  and  distribution  of books which are age
appropriate for  children  enrolled  in  public  schools  or  registered
nonpublic  schools.  This  program  shall be designed to provide for the
collection of  reading  materials  and  for  the  distribution  of  such
collected  reading  materials primarily to children who do not otherwise
have access to reading materials in the home. This program shall  recog-
nize  the  fact  that  the  bookshelves  of  some homes have significant
numbers of books that children have outgrown. In  addition,  many  homes
lack  appropriate  reading  materials  for children. The distribution of
books to children who lack reading resources is designed to  give  these
children  the  opportunity  to  develop their reading and writing skills
outside of the school setting.
  S 2. The education law is amended by adding a new section 319 to  read
as follows:
  S  319.  READING  FOR  EDUCATIONAL ACHIEVEMENT AND DEVELOPMENT PROGRAM
(READ). 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT  A  PROGRAM
TO  BE KNOWN AS THE "READING FOR EDUCATIONAL ACHIEVEMENT AND DEVELOPMENT
PROGRAM" (READ).
  2. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
ING MEANINGS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04613-01-9
              

A. 3276                             2

  (A)  "DONOR  SCHOOLS"  SHALL  MEAN  PUBLIC  SCHOOL  DISTRICTS, CHARTER
SCHOOLS, OR REGISTERED NONPUBLIC SCHOOLS WHICH HAVE OPTED TO PARTICIPATE
IN THE READ PROGRAM.
  (B)  "RECIPIENT  SCHOOLS"  SHALL MEAN PUBLIC SCHOOL DISTRICTS, CHARTER
SCHOOLS, OR REGISTERED NONPUBLIC SCHOOLS WHICH THE  COMMISSIONER  DETER-
MINES  ARE ELIGIBLE TO RECEIVE BOOKS THAT ARE COLLECTED PURSUANT TO THIS
SECTION.
  (C) "COLLECTION ENTITY" SHALL MEAN BOARDS OF  COOPERATIVE  EDUCATIONAL
SERVICES  (BOCES)  OR  A  SCHOOL DISTRICT LOCATED IN A CITY WITH GREATER
THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS.
  3. THE COMMISSIONER SHALL, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF
THIS SECTION, AFTER CONSULTATION WITH REPRESENTATIVES OF  BOCES,  REPRE-
SENTATIVES  OF  SCHOOL BOARDS ASSOCIATIONS, AND TEACHERS' ORGANIZATIONS,
PROMULGATE REGULATIONS TO ESTABLISH A PROCESS BY WHICH COLLECTION  ENTI-
TIES  COLLECT  AND  REDISTRIBUTE BOOKS.   SUCH REGULATIONS SHALL REQUIRE
THAT BY JULY FIRST OF EACH YEAR, ALL COLLECTION ENTITIES  SHALL  CONTACT
ALL  DONOR  AND  RECIPIENT  SCHOOLS  TO  INFORM THEM OF THEIR ABILITY TO
PARTICIPATE IN READ. EACH DONOR AND RECIPIENT SCHOOL  SHALL  RESPOND  BY
AUGUST  FIRST OF EACH YEAR REGARDING THEIR INTENT TO PARTICIPATE IN READ
FOR THAT SCHOOL YEAR. EACH PARTICIPATING DONOR SCHOOL SHALL ESTABLISH  A
COLLECTION  POINT  FOR  BOOKS  AND SHALL OPERATE A BOOK DRIVE EVERY YEAR
DURING WHICH SUCH SCHOOL PARTICIPATES IN READ. PERIODICALLY DURING  EACH
SCHOOL  YEAR  ALL  PARTICIPATING DONOR SCHOOLS SHALL SEND SUCH COLLECTED
BOOKS TO THE DESIGNATED COLLECTION ENTITY.
  4. THE COMMISSIONER SHALL SET  FORTH  REGULATIONS  WHICH  SPECIFY  HOW
COLLECTION  ENTITIES  SHALL  DISTRIBUTE BOOKS COLLECTED PURSUANT TO THIS
SECTION.
  5. THE COMMISSIONER SHALL SET FORTH REGULATIONS TO  SET  THE  CRITERIA
FOR  CHOOSING  RECIPIENT  SCHOOLS  WHICH  SHALL  BE BASED ON THE READING
LEVELS OF CHILDREN WHO ARE ENROLLED IN THE SCHOOL  AS  MEASURED  BY  THE
APPROPRIATE  STATE ASSESSMENT.   SUCH REGULATIONS SHALL ALSO SPECIFY THE
PROCEDURES AND CRITERIA FOR RECIPIENT SCHOOLS  TO  DISTRIBUTE  BOOKS  TO
STUDENTS.    THE  COMMISSIONER  SHALL  DEVELOP GUIDELINES FOR COLLECTION
ENTITIES AND RECIPIENT SCHOOLS THAT SPECIFY  THE  MANNER  BY  WHICH  THE
COLLECTION  ENTITIES  SHALL DETERMINE THE AGE APPROPRIATENESS OF READING
MATERIALS.
  6. ON OR BEFORE JULY FIRST, TWO THOUSAND TEN, THE  COMMISSIONER  SHALL
REPORT  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY ON READ AND SHALL SPECIFY THE  NUMBER  OF  BOOKS
COLLECTED  BY  EACH COLLECTION ENTITY, A LIST OF ALL PARTICIPATING DONOR
AND RECIPIENT SCHOOLS, THE NUMBER OF BOOKS COLLECTED FROM  EACH  PARTIC-
IPATING DONOR SCHOOL AND THE NUMBER OF BOOKS DISTRIBUTED TO EACH RECIPI-
ENT SCHOOL.
  S  3. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
  OO. PURSUANT TO THE PROVISIONS OF SECTION THREE  HUNDRED  NINETEEN  OF
THIS  CHAPTER,  COLLECT  AND  DISTRIBUTE  READING MATERIALS FOR CHILDREN
ENROLLED IN PUBLIC SCHOOLS, CHARTER  SCHOOLS  AND  REGISTERED  NONPUBLIC
SCHOOLS.  ALL  COSTS  ASSOCIATED  WITH  THE PROVISIONS OF THIS PARAGRAPH
SHALL NOT BE DEEMED AN AIDABLE SHARED SERVICE BY THE COMMISSIONER.
  S 4. This act shall take effect immediately.