S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3174
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to establishing require-
   ments for elementary and secondary school libraries
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  274  of  the education law is amended to read as
 follows:
   § 274. Use and care of school library. 1. The school library shall  be
 a  part of the school equipment and shall be kept in the school building
 at all times. Such library shall be devoted to the exclusive use of  the
 school, except as otherwise provided by the rules of the commissioner of
 education  and  except  in a district where there is no free library, in
 which case such school library shall be a circulating  library  for  the
 use of the residents of the district.
   2. EACH SCHOOL LIBRARY SHALL:
   A. PROVIDE PHYSICAL ACCESS TO RESOURCES INCLUDING, BUT NOT LIMITED TO,
 BOOKS, TECHNOLOGICAL EQUIPMENT, MEDIA, AND OTHER TANGIBLE DOCUMENTS;
   B.  PROVIDE DIGITAL ACCESS TO RESOURCES INCLUDING, BUT NOT LIMITED TO,
 E-BOOKS, DATABASES, SOFTWARE AND MEDIA;
   C. PROVIDE EQUITABLE, FLEXIBLE ACCESS TO LIBRARY SPACE AND  ITS  STAFF
 BY SCHOOL STUDENTS, STAFF AND FACULTY; AND
   D.  RECEIVE  A  BUDGET  ALLOCATION  ON  A  PER STUDENT BASIS TO ENSURE
 RESOURCES AND SERVICES REMAIN RELEVANT.
   3. EACH SCHOOL DISTRICT SHALL ANNUALLY EVALUATE THEIR  SCHOOL  LIBRARY
 USING A SCHOOL LIBRARY PROGRAM RUBRIC CREATED BY THE DEPARTMENT.
   4. The commissioner of education shall prescribe rules regulating
   [1.]  A.  The purchase, recording, safekeeping and loaning of books in
 school libraries, and the use of such books by pupils  and  teachers  in
 the public schools.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06257-01-3
 A. 3174                             2
              

 
   [2.]  B.  The  conditions under which books in a school library may be
 used by the public in a district in which a free library is situated.
   [3.]  C. The management of school libraries and their use as circulat-
 ing libraries by the residents of the district in which they  are  situ-
 ated.
   [4.]  D.  The contents and submission of reports of school librarians,
 teachers and other school authorities as to school libraries.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.