Senate Bill S6776

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

                                 6776--A
    Cal. No. 231

                            I N  S E N A T E

                            February 4, 2010
                               ___________

Introduced  by Sens. OPPENHEIMER, C. JOHNSON, THOMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  --  reported favorably from said committee and committed to
  the Committee on Finance -- reported favorably  from  said  committee,
  ordered to first and second report, ordered to a third reading, passed
  by  Senate and delivered to the Assembly, recalled, vote reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its place in the order of third reading

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. Section 701 of the education law, as amended by chapter 587
of the laws of 1973, subdivision 2 as amended by section 8 of part L  of
chapter 405 of the laws of 1999, 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
CURRICULUM AND INSTRUCTIONAL RESOURCES 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

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

                                                           LBD10303-03-0

S. 6776--A                          2

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, TECHNOLOGY OR OTHER RESOURCES WHICH ARE
ALIGNED WITH STATE STANDARDS USED BY STUDENTS AND  TEACHERS  TO  SUPPORT
AND ENHANCE TEACHING AND LEARNING.
  (C)  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 [chapter] TITLE.   Courseware or other content-based
instructional materials in an electronic format included  in  the  defi-
nition  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,
MANIPULATIVE  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 SECTION THIRTY-TWO HUNDRED TWO OF  THIS  CHAP-
TER,  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.  Textbooks  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, trustees or other  school  authori-
ties.  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.
  4.  No  school  district  shall  be  required to purchase or otherwise
acquire textbooks OR CURRICULUM AND INSTRUCTIONAL RESOURCES, 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 CURRICULUM AND INSTRUCTIONAL RESOURCES
in excess of the textbooks OR  CURRICULUM  AND  INSTRUCTIONAL  RESOURCES
owned or acquired by such district; provided, however that all textbooks
OR  CURRICULUM  AND  INSTRUCTIONAL  RESOURCES  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. 6776--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
CURRICULUM AND INSTRUCTIONAL  RESOURCES  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  ninety-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 CURRICULUM AND INSTRUCTIONAL  RESOURCES  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 CURRICULUM AND INSTRUC-
TIONAL RESOURCES 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  CURRICULUM  AND INSTRUCTIONAL RESOURCES 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.

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

                                 6776--B
    Cal. No. 231

                            I N  S E N A T E

                            February 4, 2010
                               ___________

Introduced  by Sens. OPPENHEIMER, C. JOHNSON, THOMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  --  reported favorably from said committee and committed to
  the Committee on Finance -- reported favorably  from  said  committee,
  ordered to first and second report, ordered to a third reading, passed
  by  Senate and delivered to the Assembly, recalled, vote reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its  place  in the order of third reading -- again amended and ordered
  reprinted, retaining its place in the order of third reading

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. Section 701 of the education law, as amended by chapter 587
of  the laws of 1973, subdivision 2 as amended by section 8 of part L of
chapter 405 of the laws of 1999, 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
CURRICULUM  AND  INSTRUCTIONAL RESOURCES 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD10303-05-0

S. 6776--B                          2

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,  OR  OTHER RESOURCES WHICH ARE ALIGNED
WITH STATE STANDARDS USED  BY  STUDENTS  AND  TEACHERS  TO  SUPPORT  AND
ENHANCE TEACHING AND LEARNING.
  (C)  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 [chapter] TITLE.   Courseware or other content-based
instructional materials in an electronic format included  in  the  defi-
nition  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,
CURRICULUM AND INSTRUCTIONAL MATERIALS, 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 SUBDIVISION EIGHT OF SECTION  THIR-
TY-TWO  HUNDRED  TWO OF THIS CHAPTER, PROVIDED, HOWEVER, THAT SUCH CHIL-
DREN SHALL NOT BE COUNTED BY ANY OTHER SCHOOL DISTRICT, AND TO ALL CHIL-
DREN RESIDING IN SUCH DISTRICT WHO ARE ENROLLED IN A  NONPUBLIC  SCHOOL.
Textbooks  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.
  4.  No  school  district  shall  be  required to purchase or otherwise
acquire textbooks OR CURRICULUM AND INSTRUCTIONAL RESOURCES, 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 CURRICULUM AND INSTRUCTIONAL RESOURCES
in excess of the textbooks OR  CURRICULUM  AND  INSTRUCTIONAL  RESOURCES
owned or acquired by such district; provided, however that all textbooks
OR  CURRICULUM  AND  INSTRUCTIONAL  RESOURCES  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. 6776--B                          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
CURRICULUM AND INSTRUCTIONAL  RESOURCES  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  ninety-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 CURRICULUM AND INSTRUCTIONAL  RESOURCES  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 CURRICULUM AND INSTRUC-
TIONAL RESOURCES 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  CURRICULUM  AND INSTRUCTIONAL RESOURCES 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.