Assembly Bill A9057

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

                                  9057

                          I N  A S S E M B L Y

                            January 20, 2016
                               ___________

Introduced by M. of A. CURRAN -- read once and referred to the Committee
  on Education

AN  ACT  to  amend the education law, in relation to the creation of the
  New York state textbook commission and the use of unapproved books and
  instructional materials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The education law is amended by adding a new section 701-a
to read as follows:
  S 701-A. NEW YORK  STATE  TEXTBOOK  COMMISSION.  1.  THERE  IS  HEREBY
CREATED  THE  NEW  YORK  STATE  TEXTBOOK COMMISSION WHICH SHALL HAVE THE
AUTHORITY TO PREPARE A LIST OF APPROVED STANDARD EDITIONS  OF  TEXTBOOKS
ENSURING  SUCH TEXTBOOKS ARE FREE OF ANY SLANTED BIAS TOWARD PRO-ISLAMIC
TRADITIONS, ANTI-SEMITISM , ANTI-JUDEO CHRISTIAN VALUES AND RACISM,  AND
SUCH  TEXTBOOKS  ARE  TO BE ADOPTED BY LOCAL BOARDS OF EDUCATION FOR THE
USE IN PUBLIC SCHOOLS OF THE STATE. SUCH  COMMISSION  SHALL  CONSIST  OF
THIRTEEN  MEMBERS  WHO  SHALL BE APPOINTED NO LESS THAN SIXTY DAYS AFTER
THE EFFECTIVE DATE OF THIS SECTION. THE MEMBERS SHALL  BE  APPOINTED  AS
FOLLOWS: (I) TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE OF WHOM
SHALL  BE  THE  COMMISSIONER;  (II) ONE MEMBER SHALL BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE; (III) ONE MEMBER SHALL  BE  APPOINTED
BY  THE  SPEAKER  OF THE ASSEMBLY; (IV) ONE MEMBER SHALL BE APPOINTED BY
THE MINORITY LEADER OF THE SENATE; (V) ONE MEMBER SHALL BE APPOINTED  BY
THE  MINORITY  LEADER  OF  THE  ASSEMBLY;  (VI)  THREE  MEMBERS SHALL BE
APPOINTED BY THE PRESIDENT OF NEW YORK STATE  UNITED  TEACHERS,  ONE  OF
WHOM  MUST  BE A TEACHER FOR GRADES PRE-KINDERGARTEN THROUGH SECOND, ONE
OF WHOM MUST BE A TEACHER FOR GRADES THREE THROUGH  EIGHT,  AND  ONE  OF
WHOM  MUST BE A TEACHER FOR GRADES NINE THROUGH TWELVE; (VII) ONE MEMBER
SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE  SCHOOL  ADMINISTRA-
TORS ASSOCIATION OF NEW YORK STATE; (VIII) ONE MEMBER SHALL BE APPOINTED
BY  THE PRESIDENT OF THE NEW YORK STATE PARENT TEACHER ASSOCIATION; (IX)
ONE MEMBER SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE NEW  YORK
STATE  COUNCIL  OF  SCHOOL  SUPERINTENDENTS; AND (X) ONE MEMBER SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13673-02-6
              

A. 9057                             2

APPOINTED BY THE PRESIDENT OF THE NEW YORK STATE SCHOOL  BOARDS  ASSOCI-
ATION.
  2.  NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT BY VIRTUE OF HIS  OR  HER  APPOINTMENT  PURSUANT  TO  THIS
SECTION.  MEMBERS  OF  THE  COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS PURSUANT TO THIS SECTION.
  3. THE MEMBERS FIRST APPOINTED BY THE  GOVERNOR  AND  LEADERS  OF  THE
LEGISLATURE  SHALL  HAVE  TWO YEAR TERMS. THE MEMBERS FIRST APPOINTED BY
THE PRESIDENT OF THE NEW YORK STATE UNITED  TEACHERS  SHALL  HAVE  THREE
YEAR  TERMS. THE MEMBER FIRST APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE AND THE PRESIDENT OF
THE NEW YORK STATE PARENT TEACHER ASSOCIATION SHALL HAVE TWO YEAR TERMS.
THE MEMBERS FIRST APPOINTED BY THE EXECUTIVE DIRECTOR OF  THE  NEW  YORK
STATE  COUNCIL  OF  SCHOOL  SUPERINTENDENTS AND THE PRESIDENT OF THE NEW
YORK STATE SCHOOL BOARDS ASSOCIATION SHALL HAVE  ONE  YEAR  TERMS.  EACH
SUBSEQUENT APPOINTMENT SHALL BE FOR A TERM OF THREE YEARS.
  4. A MEMBER OF THE COMMISSION MAY BE REMOVED BY THE APPOINTING AUTHOR-
ITY  ONLY  FOR  GOOD  CAUSE,  AFTER  NOTICE AND OPPORTUNITY TO BE HEARD.
VACANCIES SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
  5. SUCH COMMISSION SHALL MEET AT LEAST QUARTERLY. AT THE FIRST REGULAR
MEETING IN EACH CALENDAR YEAR, THE MEMBERS OF THE COMMISSION SHALL ELECT
A CHAIR FOR A PERIOD OF TWO YEARS OR UNTIL HIS OR  HER  TERM  OF  OFFICE
EXPIRES,  WHICHEVER PERIOD IS SHORTER. SPECIAL MEETINGS MAY BE CALLED BY
THE CHAIR. THE MEETING PLACE OF ALL REGULAR OR SPECIAL MEETINGS SHALL BE
MADE AVAILABLE TO THE PUBLIC IN ADVANCE OF SUCH MEETINGS.  NINE  MEMBERS
OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
  6. THE COMMISSIONER OF EDUCATION AND DESIGNATED EMPLOYEES OF THE STATE
EDUCATION  DEPARTMENT SHALL ASSIST THE COMMISSION BY PROVIDING MANDATORY
TRAINING TO NEWLY APPOINTED MEMBERS ON THE TEXTBOOK REVIEW  PROCESS  AND
THE COMPLETION OF THEIR ASSIGNED TASKS.
  7. THE COMMISSION, THROUGH ITS CHAIR, MAY RECRUIT AND APPOINT AN ADVI-
SORY  PANEL OF EXPERT TEACHERS AND OTHER EXPERTS IN EACH SUBJECT AREA OR
GRADE LEVEL TO ADVISE THE COMMISSION OF BOOK SELECTIONS.
  8. THE COMMISSION AND ADVISORY PANEL  SHALL  PERFORM  A  THOROUGH  AND
TIMELY  REVIEW  OF  ALL  ASSIGNED TEXTBOOKS TO EXAMINE WHETHER THE TEXT-
BOOKS:
  A. CONFORM TO THE STANDARDS FOR ITS SUBJECT AREA OR GRADE LEVEL;
  B. ARE FREE OF ANY CLEAR, SUBSTANTIVE, FACTUAL OR GRAMMATICAL ERRORS;
  C. REFLECT THE VALUES OF THE CITIZENS OF THIS STATE AS  MANIFESTED  IN
THE UNITED STATES CONSTITUTION AND THE CONSTITUTION OF NEW YORK;
  D. ACCURATELY AND COMPREHENSIVELY PORTRAY THE FULL  RANGE OF DIVERSITY
AND  ACHIEVEMENT OF RACIAL AND ETHNIC MINORITIES AS WELL AS THE ROLE AND
IMPORTANCE OF RELIGION OF HISTORY;
  E. ARE  FREE  OF  ANY  SLANTED  BIAS  TOWARD  PRO-ISLAMIC  TRADITIONS,
ANTI-SEMITISM, ANTI-JUDEO CHRISTIAN VALUES AND RACISM; AND
  F.  PROVIDE  ACCURATE  FACTS  AND AMERICAN VALUES WHILE PROTECTING THE
HUMAN RIGHTS OF ALL STUDENTS.
  9. EACH TEXTBOOK PROPOSED FOR APPROVAL SHALL BE REVIEWED  BY  MULTIPLE
MEMBERS OF THE COMMISSION. IT IS THE DUTY OF THE COMMISSION TO PREPARE A
LIST  OF STANDARD EDITIONS OF TEXTBOOKS FOR APPROVAL BY THE STATE EDUCA-
TION DEPARTMENT FOR USE IN THE PUBLIC SCHOOLS OF THE STATE. THE  COMMIS-
SION  SHALL  PREPARE  A  LIST OF AT LEAST FOUR BOOKS IN EACH SUBJECT AND
GRADE FOR WHICH TEXTBOOKS ARE TO BE ADOPTED. THE PROPOSED TEXTBOOK  LIST
SHALL BE POSTED ON THE WEBSITE OF THE STATE EDUCATION DEPARTMENT BY JUNE

A. 9057                             3

THIRTIETH  OF EACH YEAR FOR ADOPTION BY LOCAL BOARDS OF EDUCATION BY THE
FOLLOWING SCHOOL YEAR.
  S  2. Subdivision 1 of section 701 of the education law, as amended by
chapter 587 of the laws of 1973, is amended to read as follows:
  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 to be used in the schools  under
their charge SO LONG AS SUCH TEXTBOOKS ARE DEEMED APPROPRIATE BY THE NEW
YORK STATE TEXTBOOK COMMISSION.
  S  3. The education law is amended by adding a new section 706 to read
as follows:
  S 706. USE OF UNAPPROVED BOOKS AND INSTRUCTIONAL MATERIALS. NO  TEACH-
ER,  PRINCIPAL  OR  OTHER INSTRUCTIONAL PERSON SHALL USE OR PERMIT TO BE
USED ANY SUPPLEMENTAL TEXTBOOKS OR INSTRUCTIONAL MATERIALS  WITHOUT  THE
AUTHORIZED CONSENT OF THE NEW YORK STATE TEXTBOOK COMMISSION.
  S 4. This act shall take effect immediately.