S T A T E O F N E W Y O R K
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4615
2017-2018 Regular Sessions
I N A S S E M B L Y
February 3, 2017
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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:
§ 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)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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ONE MEMBER SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE NEW YORK
STATE COUNCIL OF SCHOOL SUPERINTENDENTS; AND (X) ONE MEMBER SHALL BE
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
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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
THIRTIETH OF EACH YEAR FOR ADOPTION BY LOCAL BOARDS OF EDUCATION BY THE
FOLLOWING SCHOOL YEAR.
§ 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.
§ 3. The education law is amended by adding a new section 706 to read
as follows:
§ 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.
§ 4. This act shall take effect immediately.