NY State Senate Bill 2021-S53

Senate Bill S53

2021-2022 Legislative Session

Relates to librarians of school libraries; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Libraries Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to libraries
Jan 25, 2021	committee discharged and committed to libraries
Jan 06, 2021	referred to education

co-Sponsors

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2021-S53 (ACTIVE) - Details

See Assembly Version of this Bill:: A5055
Current Committee:: Senate Libraries
Law Section:: Education Law
Laws Affected:: Rpld & add §275, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A6784
2017-2018: A6023
2019-2020: S2421, A2444
2023-2024: A5232

2021-S53 (ACTIVE) - Summary

Relates to librarians of school libraries.

2021-S53 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S53

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the education law, in relation to librarians of school
libraries; and to repeal certain provisions of such law relating thereto

 
PURPOSE:

To ensure that each elementary and secondary school in New York State
maintains a school library and employs a certified school librarian.

 
SUMMARY OF PROVISIONS:

This bill repeals Section 275 and adds a new section 275 of the Educa-
tion Law to require all school districts to maintain a school library in
each elementary and secondary school and to employ a certified school
library media specialist for each such school library. The bill also
provides a waiver process that can be used by districts that fall within
a designated shortage area for library media specialists.

 
JUSTIFICATION:

School libraries are an integral part of the educational program. They
support and complement all phases of the formal instructional program in
the various areas of the curriculum, and enrich each student's life. For
many, the school library is the first introduction the student has to
any library facility. Because of this unique aspect, the school library
will be the only place the student can learn the proper usage of a
library and its valuable resources.

An adequate, comprehensive school library program is essential in
providing quality education for all students in today's modem and
progressive society. The library, therefore, becomes that place where
the student can reinforce language and reading skills, become aware of
how to retrieve and evaluate background reference materials and learn to
think and act as an independent individual to gain the necessary infor-
mation to attain intellectual maturity.  It is of utmost importance that
a school library be staffed by competent professionally trained person-
nel who are certified or licensed in their area of responsibility. The
librarian should be a professional trained to look at and work for a
total school program.  The librarian should be professionally astute to
be able to select and acquire those materials which will assist each
student to reach out for his or her intellectual potential and to be
able to achieve a wide, unencumbered view of the world and how the
student can best fit into it. Only a competent certified or licensed
librarian can add that dimension to a child's life.

If maintaining a school library would place an extreme financial burden
on a district, the waiver provision allows the district to explore
alternative ways to meet the needs of their students through a sharing
arrangement with a public library. The waiver process is also available
if there is a shortage locally of library media specialists.

 
LEGISLATIVE HISTORY:

S. 2421/A. 2444; Referred to Senate Education Committee

A6784A of 2017/18; Referred to Education

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The first day of July next succeeding the date on which it shall have
become law.

2021-S53 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    53
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. KAPLAN, BROOKS, GOUNARDES, HARCKHAM, SERRANO, SKOUF-
   IS -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00239-01-1

 S. 53                               2
 
 SCHOOL LIBRARY MEDIA SPECIALIST SHALL BE EMPLOYED AS A  ONE  HALF  OF  A
 FULL-TIME EQUIVALENT STAFF MEMBER;
   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.

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