S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2421
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 librarians  of  school
   libraries; and to repeal certain provisions of such law relating ther-
   eto
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 275 of the education law  is  REPEALED  and  a  new
 section 275 is added to read as follows:
   §  275.  LIBRARIANS  OF SCHOOL LIBRARIES. 1. NOTWITHSTANDING ANY OTHER
 PROVISIONS OF LAW, AND SUBJECT TO THE PROVISIONS OF SECTION TWO  HUNDRED
 SEVENTY-FOUR  OF  THIS PART, AND SUBDIVISION THREE OF THIS SECTION, EACH
 SCHOOL DISTRICT IN THE STATE SHALL HAVE AND MAINTAIN A SCHOOL LIBRARY IN
 EACH ELEMENTARY AND SECONDARY SCHOOL IN THE DISTRICT, AND SHALL EMPLOY A
 CERTIFIED SCHOOL LIBRARY MEDIA SPECIALIST FOR EACH SUCH  SCHOOL  LIBRARY
 WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   2.  EMPLOYMENT  OF CERTIFIED SCHOOL LIBRARY MEDIA SPECIALISTS SHALL BE
 IN ACCORDANCE WITH THE FOLLOWING STANDARDS:
   A. IN EACH ELEMENTARY OR SECONDARY SCHOOL WITH AN  ENROLLMENT  OF  NOT
 MORE  THAN ONE HUNDRED PUPILS, A CERTIFIED SCHOOL LIBRARY MEDIA SPECIAL-
 IST SHALL BE EMPLOYED AS FIFTEEN HUNDREDTHS OF  A  FULL-TIME  EQUIVALENT
 STAFF MEMBER;
   B.  IN  EACH ELEMENTARY OR SECONDARY SCHOOL WITH AN ENROLLMENT OF MORE
 THAN ONE HUNDRED BUT NOT MORE THAN THREE  HUNDRED  PUPILS,  A  CERTIFIED
 SCHOOL LIBRARY MEDIA SPECIALIST SHALL BE EMPLOYED AS A THREE-TENTHS OF A
 FULL-TIME EQUIVALENT STAFF MEMBER;
   C.  IN  EACH ELEMENTARY OR SECONDARY SCHOOL WITH AN ENROLLMENT OF MORE
 THAN THREE HUNDRED BUT NO MORE THAN FIVE  HUNDRED  PUPILS,  A  CERTIFIED
 SCHOOL  LIBRARY  MEDIA  SPECIALIST  SHALL BE EMPLOYED AS A ONE HALF OF A
 FULL-TIME EQUIVALENT STAFF MEMBER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04251-01-9
              
             
                          
                
 S. 2421                             2
 
   D. IN EACH ELEMENTARY OR SECONDARY SCHOOL WITH AN ENROLLMENT  OF  MORE
 THAN  FIVE  HUNDRED  PUPILS, A CERTIFIED SCHOOL LIBRARY MEDIA SPECIALIST
 SHALL BE EMPLOYED AS A FULL-TIME EQUIVALENT STAFF MEMBER;
   E.  (I)  IN  EACH ELEMENTARY OR SECONDARY SCHOOL WITH AN ENROLLMENT OF
 MORE THAN TWO  THOUSAND  PUPILS,  TWO  CERTIFIED  SCHOOL  LIBRARY  MEDIA
 SPECIALISTS  SHALL  EACH  BE  EMPLOYED  AS  A FULL-TIME EQUIVALENT STAFF
 MEMBER;
   (II) AN ADDITIONAL CERTIFIED SCHOOL LIBRARY MEDIA SPECIALIST SHALL  BE
 EMPLOYED  AS A FULL-TIME EQUIVALENT STAFF MEMBER FOR EACH ADDITIONAL ONE
 THOUSAND PUPILS ENROLLED IN AN ELEMENTARY OR SECONDARY SCHOOL.
   F. (I) IN EACH ELEMENTARY OR SECONDARY SCHOOL WITH AN ENROLLMENT OF AT
 LEAST ONE THOUSAND PUPILS, A FULL-TIME EQUIVALENT STAFF MEMBER SHALL  BE
 EMPLOYED AS A LIBRARY CLERK.
   (II) AN ADDITIONAL FULL-TIME EQUIVALENT STAFF MEMBER SHALL BE EMPLOYED
 AS  A  LIBRARY CLERK FOR EACH ADDITIONAL ONE THOUSAND PUPILS ENROLLED IN
 AN ELEMENTARY OR SECONDARY SCHOOL.
   3. THE COMMISSIONER MAY, UPON APPLICATION BY A SCHOOL DISTRICT,  WAIVE
 THE  APPLICABILITY OF THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION FOR UP TO ONE YEAR, IF SUCH APPLICATION DEMONSTRATES THE ELEMEN-
 TARY OR SECONDARY SCHOOL IS WITHIN A DESIGNATED SHORTAGE AREA FOR CERTI-
 FIED SCHOOL LIBRARY MEDIA SPECIALISTS, AND SUCH APPLICATION DEMONSTRATES
 THAT AN ACTUAL OFFER OF  EMPLOYMENT  WAS  MADE  TO  A  CERTIFIED  SCHOOL
 LIBRARY  MEDIA  SPECIALIST; HOWEVER, NO SUCH WAIVER SHALL BE GRANTED FOR
 MORE THAN TWO CONSECUTIVE SCHOOL YEARS, AND NO MORE THAN TWO WAIVERS MAY
 BE GRANTED WITH A FIVE YEAR PERIOD.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.