New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A09240 Summary:

A09240 Actions:

A09240 Floor Votes:

A09240 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9240
 
                   IN ASSEMBLY
 
                                      April 2, 2014
                                       ___________
 
        Introduced  by  M.  of  A.  DAVILA,  BENEDETTO, MILLMAN, JACOBS, MOSLEY,
          ROBINSON, ROSA, SEPULVEDA, RIVERA, GUNTHER, BUCHWALD,  COOK,  SKOUFIS,
          STIRPE,  COLTON, McDONOUGH, CROUCH, RA, PICHARDO -- Multi-Sponsored by
          -- M. of A. ABBATE,  CAMARA,  CRESPO,  DUPREY,  GLICK,  MAGEE,  PERRY,
          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.
    22    (b)  Manipulatives  for  the  purposes  of  this  section,  shall mean
    23  supplies and materials used to support teaching and learning as part  of
    24  an inquiry centered curriculum as defined by the commissioner.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02856-02-3
        A. 9240                             2
 
     1    (c) For expenses incurred on or after July first, two thousand eleven,
     2  a  text-book  shall also mean items of expenditure that are eligible for

     3  an apportionment  pursuant  to  sections  seven  hundred  eleven,  seven
     4  hundred  fifty-one and/or seven hundred fifty-three of this title, where
     5  such  items  are  designated  by the school district as eligible for aid
     6  pursuant to this section, provided, however, that if aided  pursuant  to
     7  this  section,  such expenses shall not be aidable pursuant to any other
     8  section of law.
     9    (d) Expenditures aided pursuant to this section shall not be  eligible
    10  for  aid  pursuant  to  any  other  section  of law. Courseware or other
    11  content-based instructional materials in an electronic  format  included
    12  in  the  definition  of  textbook  pursuant to this subdivision shall be
    13  subject to the same limitations on content as apply  to  books  or  book
    14  substitutes aided pursuant to this section.
    15    3.  In the several cities and school districts of the state, boards of

    16  education, trustees or such body or officers as perform the function  of
    17  such  boards  shall have the power and duty to: (a) purchase and to loan
    18  upon individual request, textbooks, to all  children  residing  in  such
    19  district  who are enrolled in a public school including children attend-
    20  ing the public schools of the district for whom the district is eligible
    21  to receive reimbursement pursuant to [paragraph a of] subdivision  eight
    22  of  section  thirty-two  hundred two of this chapter, provided, however,
    23  that such children shall not be counted by any  other  school  district,
    24  and  to  all  children  residing  in such district who are enrolled in a
    25  nonpublic school; and (b) purchase and to loan upon individual  request,
    26  manipulatives,  to  all  children  residing  in  such  district  who are

    27  enrolled in a public school  including  children  attending  the  public
    28  schools  of  the  district  for whom the district is eligible to receive
    29  reimbursement  pursuant  to  subdivision  eight  of  section  thirty-two
    30  hundred two of this chapter, provided, however, that such children shall
    31  not  be counted by any other school district, and to all children resid-
    32  ing in such district who are enrolled in a nonpublic  school.  Textbooks
    33  and  manipulatives loaned to children enrolled in said nonpublic schools
    34  shall be textbooks and manipulatives which are designated for use in any
    35  public schools of the state or are approved by any boards of  education,
    36  trustees  or  other school authorities. Such textbooks and manipulatives

    37  are to be loaned free to such children subject to such rules  and  regu-
    38  lations  as  are  or  may be prescribed by the board of regents and such
    39  boards of education, trustees or other  school  authorities.  Enrollment
    40  shall be as defined in subdivision one of section thirty-six hundred two
    41  of this chapter.
    42    4.  No  school  district  shall  be  required to purchase or otherwise
    43  acquire textbooks or manipulatives, the cost of which  shall  exceed  an
    44  amount  equal  to  the apportionment pursuant to subdivision six of this
    45  section plus a minimum lottery grant determined pursuant to  subdivision
    46  four  of section ninety-two-c of the state finance law multiplied by the
    47  number of children residing in such district and so enrolled in the base
    48  year; and no school district shall be  required  to  loan  textbooks  or

    49  manipulatives  in  excess  of  the  textbooks  or manipulatives owned or
    50  acquired by such district; provided, however that all textbooks or mani-
    51  pulatives owned or acquired by such district shall be loaned to children
    52  residing in the district and so enrolled in public and nonpublic schools
    53  on an equitable basis.
    54    5. In the several cities and school districts of the state, boards  of
    55  education,  trustees  or  other school authorities may purchase supplies
    56  and either rent, sell or loan the  same  to  the  pupils  attending  the
        A. 9240                             3
 
     1  public  schools  in such cities and school districts upon such terms and
     2  under such rules and regulations as may be prescribed by such boards  of
     3  education, trustees or other school authorities.

     4    6. The commissioner, in addition to the annual apportionment of public
     5  monies  pursuant  to  other articles of this chapter, shall apportion to
     6  each school district an amount equal to the cost of  the  textbooks  and
     7  manipulatives  purchased  and  loaned  by  the district pursuant to this
     8  section in the base year, but in no case shall the  aid  apportioned  to
     9  the  district  exceed  the product of the textbook factor plus a minimum
    10  lottery grant, determined pursuant to subdivision four of section  nine-
    11  ty-two-c  of  the  state  finance law, and the sum of the enrollments in
    12  grades kindergarten through twelve in the base year calculated  pursuant
    13  to  subparagraphs  four, five, and six of paragraph n of subdivision one
    14  of section thirty-six hundred two of this chapter. Aid payable  pursuant
    15  to  this  section  shall be deemed final and not subject to change after

    16  April thirtieth of the school year for which payment was due.
    17    For aid payable in the two thousand seven--two thousand  eight  school
    18  year and thereafter, the textbook factor shall equal forty-three dollars
    19  and twenty-five cents.
    20    7.  The  apportionment  provided for in this section shall be paid, at
    21  such times as may be determined by the commissioner and approved by  the
    22  director of the budget, during the school year in which the expenditures
    23  are reported to the department prior to such apportionment. Expenditures
    24  by  a  school  district  in excess of the product of the textbook factor
    25  plus a minimum lottery grant determined pursuant to subdivision four  of
    26  section ninety-two-c of the state finance law and the sum of the enroll-
    27  ments  in grades kindergarten through twelve in the base year calculated
    28  pursuant to subparagraphs four, five, and six of paragraph n of subdivi-

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

    41  public school prior to June first of the school year may submit a  writ-
    42  ten  request for textbooks and/or manipulatives within thirty days after
    43  such child is enrolled in such non-public school. In  no  event  however
    44  shall a request made later than the times otherwise provided pursuant to
    45  this  subdivision  be denied where a reasonable explanation is given for
    46  the delay in making the request.
    47    § 2. This act shall take effect immediately.