senate Bill S3928A

2013-2014 Legislative Session

Authorizes school districts to purchase manipulatives with money that has otherwise been set aside for the purchase of textbooks

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2014 print number 3928a
amend and recommit to education
Jan 08, 2014 referred to education
Feb 27, 2013 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S3928 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §701, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2996B
2009-2010: A7883B

S3928 - Bill Texts

view summary

Authorizes school districts to purchase manipulatives with money that has otherwise been set aside for the purchase of textbooks.

view sponsor memo
BILL NUMBER:S3928

TITLE OF BILL: An act to amend the education law, in relation to
allowing the purchase of manipulatives with money set aside for
textbooks

PURPOSE OR GENERAL IDEA OF BILL: This bill will allow schools to use
textbook funds provided by the state in order to purchase concrete
models that demonstrate mathematic or scientific concepts.

SUMMARY OF SPECIFIC PROVISIONS: Article 2 of 701 of the education law
is amended by defining "manipulative materials". Article 3 is amended
by allowing school districts to use funds to purchase these materials
that are currently allocated exclusively to textbooks.

JUSTIFICATION: Studies have shown that scientific and mathematical
models are more important to learning these educational concepts than
textbooks. New York's school districts receive funding for textbooks
from the state; they do not receive funding for mathematical and
scientific models. This legislation will correct this practice by
allowing schools to decide efficiently whether textbooks or tactile
models are the right purchase.

PRIOR LEGISLATIVE HISTORY: This bill was previously introduced.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
Immediately.

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

                                  3928

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to allowing the  purchase
  of manipulatives 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
MANIPULATIVES 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) MANIPULATIVES  FOR  THE  PURPOSES  OF  THIS  SECTION,  SHALL  MEAN
SUPPLIES  AND MATERIALS USED TO SUPPORT TEACHING AND LEARNING AS PART OF
AN INQUIRY CENTERED CURRICULUM AS DEFINED BY THE COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02856-02-3

S. 3928                             2

  (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,
MANIPULATIVES,  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  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 RESID-
ING IN SUCH DISTRICT WHO ARE ENROLLED IN A NONPUBLIC  SCHOOL.  Textbooks
AND  MANIPULATIVES loaned to children enrolled in said nonpublic schools
shall be textbooks AND MANIPULATIVES which are designated for use in any
public schools of the state or are approved by any boards of  education,
trustees  or  other school authorities. Such textbooks AND MANIPULATIVES
are to be loaned free to such children subject to such rules  and  regu-
lations  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 MANIPULATIVES, 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
MANIPULATIVES  in  excess  of  the  textbooks  OR MANIPULATIVES owned or
acquired by such district; provided, however that all textbooks OR MANI-
PULATIVES 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

S. 3928                             3

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
MANIPULATIVES  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  MANIPULATIVES 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 MANIPULATIVES 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  writ-
ten  request for textbooks AND/OR MANIPULATIVES 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.

S3928A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §701, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2996B
2009-2010: A7883B

S3928A (ACTIVE) - Bill Texts

view summary

Authorizes school districts to purchase manipulatives with money that has otherwise been set aside for the purchase of textbooks.

view sponsor memo
BILL NUMBER:S3928A

TITLE OF BILL: An act to amend the education law, in relation to
allowing the purchase of manipulatives with money set aside for
textbooks

PURPOSE OR GENERAL IDEA OF BILL: This bill will allow schools to use
textbook funds provided by the state in order to purchase concrete
models that demonstrate mathematic or scientific concepts.

SUMMARY OF SPECIFIC PROVISIONS: Article 2 of § 701 of the education
law is amended by defining "manipulative materials". Article 3 is
amended by allowing school districts to use funds to purchase these
materials that are currently allocated exclusively to textbooks.

JUSTIFICATION: Studies have shown that scientific and mathematical
models are more important to learning these educational concepts than
textbooks. New York's school districts receive funding for textbooks
from the state; they do not receive funding for mathematical and
scientific models. This legislation will correct this practice by
allowing schools to decide efficiently whether textbooks or tactile
models are the right purchase.

PRIOR LEGISLATIVE HISTORY: This bill was previously introduced.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3928--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  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 manipulatives 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
MANIPULATIVES 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.
                                                           LBD02856-04-3

S. 3928--A                          2

  (B) MANIPULATIVES  FOR  THE  PURPOSES  OF  THIS  SECTION,  SHALL  MEAN
SUPPLIES  AND MATERIALS USED TO SUPPORT TEACHING AND LEARNING AS PART OF
AN INQUIRY CENTERED CURRICULUM AS DEFINED BY THE COMMISSIONER.
  (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,
MANIPULATIVES, 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  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  RESID-
ING  IN  SUCH DISTRICT WHO ARE ENROLLED IN A NONPUBLIC SCHOOL. Textbooks
AND MANIPULATIVES loaned to children enrolled in said nonpublic  schools
shall be textbooks AND MANIPULATIVES which are designated for use in any
public  schools of the state or are approved by any boards of education,
trustees or other school authorities. Such textbooks  AND  MANIPULATIVES
are  to  be loaned free to such children subject to such rules and regu-
lations 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  MANIPULATIVES, 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
MANIPULATIVES in excess of  the  textbooks  OR  MANIPULATIVES  owned  or
acquired by such district; provided, however that all textbooks OR MANI-
PULATIVES 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. 3928--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
MANIPULATIVES 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/OR MANIPULATIVES 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 MANIPULATIVES 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 MANIPULATIVES 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.

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