S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2337--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Education -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  education law, in relation to requiring library
   media specialists for schools

   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 amended to read as
 follows:
   § 275. [Librarians] LIBRARY MEDIA SPECIALISTS of school libraries.  1.
 In a school district maintaining an academic department  or  ELEMENTARY,
 INTERMEDIATE,  MIDDLE,  JUNIOR  HIGH, OR SENIOR high school the board of
 education [may] SHALL employ, and fix the compensation of, a  person  to
 act  as  school  [librarian  who may be engaged for all or a part of the
 time in performance of the duties of the position as may be directed  by
 the  said  board]  LIBRARY  MEDIA  SPECIALIST  WITHIN THREE YEARS OF THE
 EFFECTIVE DATE OF THE CHAPTER OF TWO THOUSAND TWENTY-THREE THAT  AMENDED
 THIS  SECTION.  The  person so employed, who may be the librarian of the
 free library, shall be possessed of the qualifications prescribed by the
 commissioner [of education].   In all other districts  the  trustees  or
 board  of  education  [may]  SHALL  appoint a competent person to act as
 [librarian] LIBRARY MEDIA SPECIALIST. In case of a failure of a city  or
 union  free school district maintaining an academic department or [high]
 school to  employ  a  [librarian]  LIBRARY  MEDIA  SPECIALIST  as  above
 provided, the teacher of English in such school shall be the [librarian]
 LIBRARY  MEDIA SPECIALIST. In case of a failure to appoint a [librarian]
 LIBRARY MEDIA SPECIALIST in any other district, the teacher, or if there
 be more than one teacher the principal teacher, shall act as [librarian]
 LIBRARY MEDIA SPECIALIST.   The trustees or  board  of  education  shall
 report  to  the  commissioner [of education] the name and address of the
 person employed or appointed as [librarian] LIBRARY MEDIA SPECIALIST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03386-02-3
              

 A. 2337--A                          2
 
   2. EMPLOYMENT OF CERTIFIED SCHOOL LIBRARY MEDIA SPECIALISTS  SHALL  BE
 IN ACCORDANCE WITH THE FOLLOWING STANDARDS:
   (A)  IN  EACH  SCHOOL  WITH AN ENROLLMENT OF NOT MORE THAN ONE HUNDRED
 STUDENTS, A CERTIFIED SCHOOL LIBRARY MEDIA SPECIALIST SHALL BE  EMPLOYED
 AS FIFTEEN-HUNDREDTHS OF A FULL-TIME EQUIVALENT STAFF MEMBER;
   (B) IN EACH SCHOOL WITH AN ENROLLMENT OF MORE THAN ONE HUNDRED BUT NOT
 MORE  THAN  THREE  HUNDRED  STUDENTS,  A  CERTIFIED SCHOOL LIBRARY MEDIA
 SPECIALIST SHALL BE EMPLOYED AS 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 NOT MORE THAN FIVE HUNDRED STUDENTS, A  CERTIFIED
 SCHOOL LIBRARY MEDIA SPECIALIST SHALL BE EMPLOYED AS ONE-HALF OF A FULL-
 TIME EQUIVALENT STAFF MEMBER;
   (D)  IN  EACH  SCHOOL  WITH  AN  ENROLLMENT  OF MORE THAN FIVE HUNDRED
 STUDENTS, A CERTIFIED SCHOOL LIBRARY MEDIA SPECIALIST SHALL BE  EMPLOYED
 AS A FULL-TIME EQUIVALENT STAFF MEMBER;
   (E)  IN  EACH  SCHOOL  WITH  AN  ENROLLMENT  OF MORE THAN ONE THOUSAND
 STUDENTS BUT NOT MORE THAN TWO THOUSAND  STUDENTS,  A  CERTIFIED  SCHOOL
 LIBRARY MEDIA SPECIALIST AND A SUPPORT STAFF PERSON SHALL BE EMPLOYED AS
 FULL-TIME EQUIVALENT STAFF MEMBERS;
   (F)  (I)  IN  EACH  SCHOOL WITH AN ENROLLMENT OF AT LEAST TWO THOUSAND
 STUDENTS, TWO CERTIFIED SCHOOL LIBRARY MEDIA SPECIALISTS AND TWO SUPPORT
 STAFF PERSONS SHALL BE EMPLOYED AS FULL-TIME EQUIVALENT STAFF MEMBERS;
   (II) AN ADDITIONAL FULL-TIME EQUIVALENT STAFF MEMBER SHALL BE EMPLOYED
 AS A SUPPORT STAFF PERSON FOR  EACH  ADDITIONAL  ONE  THOUSAND  STUDENTS
 ENROLLED IN A 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 TWO YEARS, IF SUCH APPLICATION DEMONSTRATES THE SCHOOL
 IS  WITHIN A DESIGNATED SHORTAGE AREA FOR CERTIFIED SCHOOL LIBRARY MEDIA
 SPECIALISTS, AND SUCH APPLICATION DEMONSTRATES THAT SUCH  SCHOOL  HAS  A
 TWO-YEAR  PLAN  TO BE IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION;
 HOWEVER, NO SUCH WAIVER SHALL BE GRANTED FOR MORE THAN  TWO  CONSECUTIVE
 SCHOOL YEARS.
   §  2. Subdivision 2 of section 711 of the education law, as amended by
 section 2 of part A-1 of chapter 58 of the laws of 2011, is  amended  to
 read as follows:
   2. School library materials, for the purposes of  this  article  shall
 mean  both  audio/visual materials and printed materials that may or may
 not require magnification which meet all of the following criteria:  (1)
 materials  which  are  catalogued  and  processed  as part of the school
 library or media center for use by elementary  and/or  secondary  school
 children  and teachers; (2) materials which with reasonable care and use
 may be expected to last more than one  year;  and  (3)  materials  which
 would not be eligible for aid pursuant to sections seven hundred one and
 seven  hundred fifty-one of this title. School library materials meeting
 these criteria may include (i) hard cover and paperback  books,  period-
 icals,  that  is, publications which appear at regular intervals of less
 than one year on a continuing basis for an indefinite period,  documents
 other than books, pamphlets, musical scores, other printed and published
 materials,  and (ii) for school year nineteen hundred eighty-six--eight-
 y-seven and thereafter, audio/visual  materials  including  films,  film
 strips,  micro-film, sound recordings, processed slides, transparencies,
 kinescopes, video tapes, maps, charts, globes, pictorial works,  includ-
 ing  pictures  and  picture  sets,  reproductions,  photographs, graphic
 works, [and] any other audio/visual materials of a similar nature  made,
 A. 2337--A                          3
 
 AND  ANY  AUDIO/VISUAL,  ONLINE OR ELECTRONIC MATERIALS NEEDED FOR MEDIA
 LITERACY PROGRAMS.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.