STATE OF NEW YORK
________________________________________________________________________
3928--A
2013-2014 Regular Sessions
IN SENATE
February 27, 2013
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- recommitted
to the Committee on Education in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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.
LBD02856-04-3
S. 3928--A 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.
S. 3928--A 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/or manipulatives must be received by the district. Notice of such
40 date shall be given to all non-public schools. Such date shall not be
41 earlier than the first day of June of the school year prior to that for
42 which such textbooks and manipulatives are being requested, provided,
43 however, that a parent or guardian of a child not attending a particular
44 non-public school prior to June first of the school year may submit a
45 written request for textbooks and/or manipulatives within thirty days
46 after such child is enrolled in such non-public school. In no event
47 however shall a request made later than the times otherwise provided
48 pursuant to this subdivision be denied where a reasonable explanation is
49 given for the delay in making the request.
50 § 2. This act shall take effect immediately.
