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A03805 Summary:

A03805 Actions:

A03805 Floor Votes:

A03805 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3805
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  MAISEL,  ROBERTS, STEVENSON, JACOBS, JAFFEE,
          WEPRIN, BARRON, PERRY --  Multi-Sponsored  by  --  M.  of  A.  CAHILL,
          COLTON,  CROUCH,  JORDAN,  MARKEY, TITONE -- 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:
 
     1    Section 1. Section 701 of the education law, as amended by chapter 587
     2  of the laws of 1973, subdivision 2 as amended by section 1 of  part  A-1
     3  of  chapter  58 of the laws of 2011, subdivision 3 as amended by chapter
     4  391 of the laws of 1989, subdivision 4 as amended by chapter 82  of  the
     5  laws of 1995, subdivision 6 as amended by section 6 of part B of chapter
     6  57  of the laws of 2007, subdivision 7 as amended by section 2 of part A
     7  of chapter 436 of the laws of 1997 and subdivision 8 as added by chapter
     8  635 of the laws of 1984, is amended to read as follows:
     9    § 701. Power to designate text-books; purchase and loan of text-books;

    10  purchase of supplies. 1. In the several cities and school  districts  of
    11  the  state,  boards  of  education,  trustees or such body or officer as
    12  perform the functions of such boards,  shall  designate  text-books  and
    13  manipulatives to be used in the schools under their charge.
    14    2.  (a)  A text-book, for the purposes of this section shall mean: (i)
    15  any book, or a book substitute, which  shall  include  hard  covered  or
    16  paperback  books,  work books, or manuals and (ii) for expenses incurred
    17  after July first, nineteen hundred ninety-nine, any courseware or  other
    18  content-based  instructional  materials in an electronic format, as such
    19  terms are defined in the regulations of the commissioner, which a  pupil
    20  is  required  to  use  as  a text, or a text-substitute, in a particular
    21  class or program in the school he or she legally attends.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02856-02-3
        A. 3805                             2
 
     1    (b) Manipulatives  for  the  purposes  of  this  section,  shall  mean
     2  supplies  and materials used to support teaching and learning as part of
     3  an inquiry centered curriculum as defined by the commissioner.
     4    (c) For expenses incurred on or after July first, two thousand eleven,
     5  a  text-book  shall also mean items of expenditure that are eligible for
     6  an apportionment  pursuant  to  sections  seven  hundred  eleven,  seven
     7  hundred  fifty-one and/or seven hundred fifty-three of this title, where

     8  such items are designated by the school district  as  eligible  for  aid
     9  pursuant  to  this section, provided, however, that if aided pursuant to
    10  this section, such expenses shall not be aidable pursuant to  any  other
    11  section of law.
    12    (d)  Expenditures aided pursuant to this section shall not be eligible
    13  for aid pursuant to any  other  section  of  law.  Courseware  or  other
    14  content-based  instructional  materials in an electronic format included
    15  in the definition of textbook pursuant  to  this  subdivision  shall  be
    16  subject  to  the  same  limitations on content as apply to books or book
    17  substitutes aided pursuant to this section.
    18    3. In the several cities and school districts of the state, boards  of
    19  education,  trustees or such body or officers as perform the function of
    20  such boards shall have the power and duty to: (a) purchase and  to  loan

    21  upon  individual  request,  textbooks,  to all children residing in such
    22  district who are enrolled in a public school including children  attend-
    23  ing the public schools of the district for whom the district is eligible
    24  to  receive reimbursement pursuant to [paragraph a of] subdivision eight
    25  of section thirty-two hundred two of this  chapter,  provided,  however,
    26  that  such  children  shall not be counted by any other school district,
    27  and to all children residing in such district  who  are  enrolled  in  a
    28  nonpublic  school; and (b) purchase and to loan upon individual request,
    29  manipulatives, to  all  children  residing  in  such  district  who  are
    30  enrolled  in  a  public  school  including children attending the public
    31  schools of the district for whom the district  is  eligible  to  receive

    32  reimbursement  pursuant  to  subdivision  eight  of  section  thirty-two
    33  hundred two of this chapter, provided, however, that such children shall
    34  not be counted by any other school district, and to all children  resid-
    35  ing  in  such district who are enrolled in a nonpublic school. Textbooks
    36  and manipulatives loaned to children enrolled in said nonpublic  schools
    37  shall be textbooks and manipulatives which are designated for use in any
    38  public  schools of the state or are approved by any boards of education,
    39  trustees or other school authorities. Such textbooks  and  manipulatives
    40  are  to  be loaned free to such children subject to such rules and regu-
    41  lations as are or may be prescribed by the board  of  regents  and  such
    42  boards  of  education,  trustees or other school authorities. Enrollment

    43  shall be as defined in subdivision one of section thirty-six hundred two
    44  of this chapter.
    45    4. No school district shall  be  required  to  purchase  or  otherwise
    46  acquire  textbooks  or  manipulatives, the cost of which shall exceed an
    47  amount equal to the apportionment pursuant to subdivision  six  of  this
    48  section  plus a minimum lottery grant determined pursuant to subdivision
    49  four of section ninety-two-c of the state finance law multiplied by  the
    50  number of children residing in such district and so enrolled in the base
    51  year;  and  no  school  district  shall be required to loan textbooks or
    52  manipulatives in excess of  the  textbooks  or  manipulatives  owned  or
    53  acquired by such district; provided, however that all textbooks or mani-
    54  pulatives owned or acquired by such district shall be loaned to children

    55  residing in the district and so enrolled in public and nonpublic schools
    56  on an equitable basis.
        A. 3805                             3
 
     1    5.  In the several cities and school districts of the state, boards of
     2  education, trustees or other school authorities  may  purchase  supplies
     3  and  either  rent,  sell  or  loan  the same to the pupils attending the
     4  public schools in such cities and school districts upon such  terms  and
     5  under  such rules and regulations as may be prescribed by such boards of
     6  education, trustees or other school authorities.
     7    6. The commissioner, in addition to the annual apportionment of public
     8  monies pursuant to other articles of this chapter,  shall  apportion  to
     9  each  school  district  an amount equal to the cost of the textbooks and

    10  manipulatives purchased and loaned by  the  district  pursuant  to  this
    11  section  in  the  base year, but in no case shall the aid apportioned to
    12  the district exceed the product of the textbook factor  plus  a  minimum
    13  lottery  grant, determined pursuant to subdivision four of section nine-
    14  ty-two-c of the state finance law, and the sum  of  the  enrollments  in
    15  grades  kindergarten through twelve in the base year calculated pursuant
    16  to subparagraphs four, five, and six of paragraph n of  subdivision  one
    17  of  section thirty-six hundred two of this chapter. Aid payable pursuant
    18  to this section shall be deemed final and not subject  to  change  after
    19  April thirtieth of the school year for which payment was due.
    20    For  aid  payable in the two thousand seven--two thousand eight school
    21  year and thereafter, the textbook factor shall equal forty-three dollars

    22  and twenty-five cents.
    23    7. The apportionment provided for in this section shall  be  paid,  at
    24  such  times as may be determined by the commissioner and approved by the
    25  director of the budget, during the school year in which the expenditures
    26  are reported to the department prior to such apportionment. Expenditures
    27  by a school district in excess of the product  of  the  textbook  factor
    28  plus  a minimum lottery grant determined pursuant to subdivision four of
    29  section ninety-two-c of the state finance law and the sum of the enroll-
    30  ments in grades kindergarten through twelve in the base year  calculated
    31  pursuant to subparagraphs four, five, and six of paragraph n of subdivi-
    32  sion one of section thirty-six hundred two of this chapter in any school
    33  year  shall be deemed approved operating expense of the district for the

    34  purpose of computation of  state  aid  pursuant  to  section  thirty-six
    35  hundred  two  of this chapter, but expenditures up to such product shall
    36  not be deemed approved operating expenses for such purpose.
    37    8. In its discretion, a board of education may adopt regulations spec-
    38  ifying the date by which requests for the purchase and loan of textbooks
    39  and manipulatives must be received by the district. Notice of such  date
    40  shall be given to all non-public schools. Such date shall not be earlier
    41  than  the  first  day of June of the school year prior to that for which
    42  such textbooks and manipulatives are being requested, provided, however,
    43  that a parent or guardian of a child not  attending  a  particular  non-
    44  public  school prior to June first of the school year may submit a writ-

    45  ten request for textbooks and/or manipulatives within thirty days  after
    46  such  child  is  enrolled in such non-public school. In no event however
    47  shall a request made later than the times otherwise provided pursuant to
    48  this subdivision be denied where a reasonable explanation is  given  for
    49  the delay in making the request.
    50    § 2. This act shall take effect immediately.