S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9977
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced  by  M.  of  A.  DAVILA, MOSLEY, BUCHWALD, COLTON, McDONOUGH,
   PICHARDO, GOTTFRIED, BARRON, GUNTHER, ORTIZ, SIMON, DICKENS, L. ROSEN-
   THAL, WILLIAMS -- read once and referred 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:
   § 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15607-01-0

 A. 9977                             2
 
 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
 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.

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   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.
   § 2. This act shall take effect immediately.