S T A T E O F N E W Y O R K
________________________________________________________________________
7134
2009-2010 Regular Sessions
I N A S S E M B L Y
March 25, 2009
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to authorizing the
purchase of manipulative materials 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
MANIPULATIVE MATERIALS 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.
(B) MANIPULATIVE MATERIALS, FOR THE PURPOSES OF THIS SECTION, SHALL
MEAN MATERIALS INVOLVING MATHEMATIC OR SCIENTIFIC CONCEPTS THAT APPEAL
TO SEVERAL SENSES AND CAN BE TOUCHED AND MOVED BY THE STUDENTS INCLUDING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10404-01-9
A. 7134 2
BUT NOT LIMITED TO CONSUMABLE AND NON-CONSUMABLE MATERIALS, AND HARD-
WARE.
(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 MANIPULATIVE MATERIALS
loaned to children enrolled in said nonpublic schools shall be textbooks
AND MANIPULATIVE MATERIALS 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 MANIPULATIVE MATE-
RIALS 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 MANIPULATIVE MATERIALS, 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 multi-
plied 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 MANIPULATIVE MATERIALS in excess of the textbooks OR
MANIPULATIVE MATERIALS owned or acquired by such district; provided,
however that all textbooks OR MANIPULATIVE MATERIALS 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.
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
A. 7134 3
each school district an amount equal to the cost of the textbooks AND
MANIPULATIVE MATERIALS 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 MANIPULATIVE MATERIALS 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 MANIPULATIVE MATERIALS 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 MANIPULATIVE MATERIALS
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.