S1579-2011 Actions

• Jan 17, 2012: PRINT NUMBER 1579A
• Jan 17, 2012: AMEND AND RECOMMIT TO EDUCATION
• Jan 4, 2012: REFERRED TO EDUCATION
• Jan 10, 2011: REFERRED TO EDUCATION

S1579-2011 Memo

BILL NUMBER:S1579

TITLE OF BILL:
An act
to amend the education law, in relation to allowing the purchase of
curriculum and instructional resources
with money set aside for textbooks

PURPOSE:
This bill will allow schools to use textbook funds provided by the
state in order to purchase concrete models that demonstrate
mathematic or scientific concepts.

SUMMARY OF PROVISIONS:
Article 2 of � 701 of the education law is amended by defining
"curriculum and instructional resources".
Article 3 is amended by allowing school districts to use funds to
purchase these materials that are currently allocated exclusively to
textbooks.

JUSTIFICATION:
Studies have shown that scientific and mathematical models are more
important to learning these educational concepts than textbooks. New
York's school districts receive funding for textbooks from the state;
they do not receive funding for mathematical and scientific models.
This legislation will correct this practice by allowing schools to
decide whether textbooks or tactile models are the right purchase.

LEGISLATIVE HISTORY:
S.6776-A/7883-A of 2009-2010 - Vetoed

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S1579-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1579
 2011-2012 Regular Sessions
 I N  SENATE
 January 10, 2011
 
 Introduced  by  Sen.  OPPENHEIMER -- 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 allowing the  purchase
 of  curriculum  and  instructional  resources 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 8 of part L of
 chapter 405 of the laws of 1999, 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:

 

S 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
 CURRICULUM  AND  INSTRUCTIONAL RESOURCES 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)  CURRICULUM  AND  INSTRUCTIONAL RESOURCES FOR THE PURPOSES OF THIS
 SECTION, SHALL MEAN INQUIRY-CENTERED CURRICULUM AND INSTRUCTIONAL  MATE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05311-01-1
 
       S. 1579                             2
 RIALS,  SUPPLIES,  MANIPULATIVES,  OR  OTHER RESOURCES WHICH ARE ALIGNED
 WITH STATE STANDARDS USED  BY  STUDENTS  AND  TEACHERS  TO  SUPPORT  AND
 ENHANCE TEACHING AND LEARNING.
 (C)  Expenditures aided pursuant to this section shall not be eligible
 for aid pursuant to  section  seven  hundred  eleven  or  seven  hundred
 fifty-one  of  this [chapter] TITLE.   Courseware or other content-based
 instructional materials in an electronic format included  in  the  defi
 nition  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,
 CURRICULUM AND INSTRUCTIONAL MATERIALS, 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 SUBDIVISION EIGHT OF SECTION  THIR
 TY-TWO  HUNDRED  TWO OF THIS CHAPTER, PROVIDED, HOWEVER, THAT SUCH CHIL
 DREN SHALL NOT BE COUNTED BY ANY OTHER SCHOOL DISTRICT, AND TO ALL CHIL
 DREN RESIDING IN SUCH DISTRICT WHO ARE ENROLLED IN A  NONPUBLIC  SCHOOL.
 Textbooks  AND CURRICULUM AND INSTRUCTIONAL RESOURCES loaned to children
 enrolled in said nonpublic schools shall be textbooks AND CURRICULUM AND
 INSTRUCTIONAL RESOURCES which are  designated  for  use  in  any  public
 schools  of  the state or are approved by any boards of education, trus
 tees or other school authorities.  Such  textbooks  AND  CURRICULUM  AND
 INSTRUCTIONAL  RESOURCES  are to be loaned free to such children subject
 to such rules and regulations 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 CURRICULUM AND INSTRUCTIONAL RESOURCES, 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 CURRICULUM AND INSTRUCTIONAL RESOURCES
 in excess of the textbooks OR  CURRICULUM  AND  INSTRUCTIONAL  RESOURCES
 owned or acquired by such district; provided, however that all textbooks
 OR  CURRICULUM  AND  INSTRUCTIONAL  RESOURCES  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
 
       S. 1579                             3
 under  such rules and regulations as may be prescribed by such boards of
 education, trustees or other school authorities.
 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
 CURRICULUM  AND  INSTRUCTIONAL  RESOURCES  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 ninety-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  CURRICULUM  AND  INSTRUCTIONAL  RESOURCES  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 CURRICULUM AND  INSTRUC
 TIONAL  RESOURCES  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 written request for
 textbooks AND/OR CURRICULUM AND INSTRUCTIONAL  RESOURCES  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.
 

S 2. This act shall take effect immediately.

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