Senate Bill S1579

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

                                 1579--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education  --  recom-
  mitted to the Committee on Education in accordance with Senate Rule 6,
  sec.  8  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05311-02-2
              

S. 1579--A                          2

class or program in the school he or she legally attends.  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.
  (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  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

S. 1579--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.