S T A T E O F N E W Y O R K
________________________________________________________________________
2996--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 21, 2011
___________
Introduced by M. of A. MAISEL, P. RIVERA, ROBERTS, STEVENSON, JACOBS,
JAFFEE, WEPRIN -- Multi-Sponsored by -- M. of A. CAHILL, CALHOUN,
COLTON, CROUCH, JORDAN, MARKEY, TITONE -- read once and referred to
the Committee on Education -- recommitted to the Committee on Educa-
tion in accordance with Assembly Rule 3, sec. 2 -- 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 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 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
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
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.
LBD05311-04-2
A. 2996--A 2
(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) 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,
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
A. 2996--A 3
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.
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.