S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3835
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. FAHY, OTIS, LUPARDO, BARRETT, THIELE, SEAWRIGHT,
   COLTON, BRAUNSTEIN -- read once and referred to the Committee on Tour-
   ism, Parks, Arts and Sports Development
 
 AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
   providing  financial  assistance  to museums, zoos, botanical gardens,
   aquariums and other cultural institutions located in low-income urban,
   suburban or rural communities, or that provide educational services to
   students from such communities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Statement of legislative findings and intent. The legisla-
 ture finds and declares that the state of  New  York  is  home  to  vast
 educational  resources in museums, historical societies, zoos, botanical
 gardens, aquaria and cultural arts institutions that offer a  wealth  of
 ways to engage children and adults and instill in them a lasting love of
 learning.
   The  legislature  finds that over 1,500 museums, historical societies,
 zoos, botanical gardens, aquaria and cultural arts institutions in  this
 state  now  provide  instruction  to over six million children, and that
 children in grades pre-kindergarten through twelve and  adults  enrolled
 in  continuing  education programs should have broad and equal access to
 such services.
   The legislature further finds  that  community  cultural  arts  insti-
 tutions, in collaboration with teachers and schools, must design new and
 innovative  programs  to  engage  learners  in  such  pressing issues as
 science, anthropology, history and arts literacy.
   It is the intent of the legislature that the state  provide  financial
 assistance  to cultural arts institutions serving under-resourced urban,
 suburban or rural communities to  expand  educational  services  through
 access  to  museum  collections,  scholarship  and  virtual learning and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03473-01-3
 A. 3835                             2
              

 
 extend their uniquely valuable educational resources to the children and
 lifelong learners of the state.
   §  2.  Short  title.  This  act shall be known and may be cited as the
 "museum education act".
   § 3. The arts and cultural affairs law is  amended  by  adding  a  new
 section 61.15 to read as follows:
   §  61.15. EDUCATION GRANTS FOR MUSEUMS. 1.  THE COMMISSIONER OF EDUCA-
 TION SHALL DEVELOP AND  IMPLEMENT,  WITH  CONSULTATION  AND  INPUT  FROM
 REPRESENTATIVES  FROM  THE  MUSEUM AND CULTURAL INSTITUTION COMMUNITY, A
 MUSEUM AND CULTURAL ORGANIZATION  EDUCATION  GRANT  PROGRAM,  AND  SHALL
 AWARD,  WITHIN  THE  AMOUNTS APPROPRIATED FROM THE GENERAL FUND FOR SUCH
 PURPOSE, COMPETITIVE GRANTS IN ACCORDANCE  WITH  THIS  SECTION  FOR  THE
 PURPOSE  OF  ESTABLISHING OR IMPROVING EDUCATION PROGRAMS IN MUSEUMS AND
 CULTURAL ORGANIZATIONS DESIGNED TO IMPROVE STUDENT PERFORMANCE IN PUBLIC
 AND NONPUBLIC ELEMENTARY, MIDDLE  AND  SECONDARY  SCHOOLS.  SUCH  GRANTS
 SHALL BE EXPENDED TO SUPPORT THE PRODUCTION OF CURRICULA, ACQUISITION OF
 SPECIALIZED  EDUCATIONAL  OR INTERPRETIVE SKILLS, ACQUISITION AND IMPLE-
 MENTATION OF TECHNOLOGY, AND PREPARATION OF  SPECIALIZED  EXHIBITION  OR
 PUBLIC  PROGRAMS  THAT  ARE TAILORED TO ELEMENTARY, MIDDLE AND SECONDARY
 SCHOOL STUDENTS; THE DEVELOPMENT AND DELIVERY  OF  CONTINUING  EDUCATION
 PROGRAMS;  PROVISION  OF STUDENT TRANSPORTATION; AND OTHER PROGRAMS THAT
 SUPPORT THE DEVELOPMENT AND DELIVERY  OF  CURRICULUM-BASED  PROGRAMS  IN
 MUSEUMS WITH COLLECTIONS.
   2.  AS  USED IN THIS SECTION, "ELIGIBLE INSTITUTION" SHALL MEAN: (A) A
 NONPROFIT INSTITUTION CHARTERED BY THE BOARD OF  REGENTS,  OR  OTHERWISE
 INCORPORATED AS A MUSEUM, HISTORICAL SOCIETY, NATURE CENTER, ZOO, BOTAN-
 ICAL  GARDEN,  ARBORETUM,  AQUARIUM OR OTHER CULTURAL EDUCATION INSTITU-
 TION, OR A PRIVATELY OR MUNICIPALLY OPERATED INSTITUTION THAT MEETS  THE
 APPLICABLE  REGISTRATION  STANDARDS  ESTABLISHED BY THE BOARD OF REGENTS
 FOR MUSEUMS OR  HISTORICAL  SOCIETIES  WITH  COLLECTIONS,  AND  THAT  IS
 LOCATED  IN  A LOW-INCOME URBAN, SUBURBAN OR RURAL COMMUNITY OR PROVIDES
 EDUCATIONAL SERVICES TO STUDENTS  AND  ADULT  LEARNERS  FROM  LOW-INCOME
 URBAN,  SUBURBAN  OR  RURAL  COMMUNITIES;  (B)  A MUSEUM AUTHORIZED BY A
 SPECIAL CHARTER FROM THE LEGISLATURE OF THIS STATE AND THAT  IS  LOCATED
 IN  A  LOW-INCOME  URBAN, SUBURBAN OR RURAL COMMUNITY OR PROVIDES EDUCA-
 TIONAL SERVICES TO STUDENTS AND ADULT LEARNERS  FROM  LOW-INCOME  URBAN,
 SUBURBAN OR RURAL COMMUNITIES; OR (C) A PRIVATE NOT-FOR-PROFIT COMMUNITY
 BASED  ORGANIZATION,  INCLUDING  AN INCORPORATED INSTITUTION THE SOLE OR
 PRIMARY PURPOSE OF WHICH IS THE SUPPORT OF MUSEUMS,  HISTORIC  SITES  OR
 HISTORICAL  SOCIETIES  LOCATED  IN A LOW-INCOME URBAN, SUBURBAN OR RURAL
 COMMUNITY OR THAT PROVIDES EDUCATIONAL SERVICES TO  STUDENTS  AND  ADULT
 LEARNERS  FROM  LOW-INCOME  URBAN, SUBURBAN OR RURAL COMMUNITIES; EXCEPT
 THAT INSTITUTIONS OPERATED BY STATE OR FEDERAL GOVERNMENT AGENCIES SHALL
 NOT BE CONSIDERED ELIGIBLE UNDER THIS SECTION.
   3. THE GOVERNING BODY OR OFFICER OF AN ELIGIBLE INSTITUTION REQUESTING
 A GRANT PURSUANT TO THIS SECTION SHALL SUBMIT  AN  APPLICATION  AT  SUCH
 TIME,  AND  IN SUCH FORM AND CONTAINING SUCH INFORMATION, AS THE COMMIS-
 SIONER OF EDUCATION MAY REQUIRE. SUCH COMMISSIONER SHALL  ESTABLISH  THE
 CRITERIA  AND  STANDARDS  BY WHICH APPLICATIONS FOR GRANTS TO BE AWARDED
 PURSUANT TO THIS SECTION WILL BE EVALUATED AND MADE TO  ELIGIBLE  INSTI-
 TUTIONS. THE COMMISSIONER OF EDUCATION IS AUTHORIZED TO PROMULGATE REGU-
 LATIONS  FOR  THE DEVELOPMENT AND SUBMISSION OF APPLICATIONS FOR COOPER-
 ATIVE OR COLLABORATIVE GRANTS, PROVIDED THAT A SINGLE INSTITUTION SERVES
 AS THE APPLICANT FOR SUCH A GRANT AND FOR MULTI-YEAR GRANTS.
   4. THE COMMISSIONER OF EDUCATION SHALL AWARD GRANTS, SUBJECT TO AVAIL-
 ABLE APPROPRIATIONS, IN AN AMOUNT NOT TO EXCEED THE ALLOWABLE  COSTS  OF
 A. 3835                             3
 
 THE  ELIGIBLE INSTITUTION AS DETERMINED BY SUCH COMMISSIONER.  ALLOWABLE
 COSTS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE REASONABLE COST  OF
 SALARIES  AND FRINGE BENEFITS, MATERIALS AND EQUIPMENT. THE COMMISSIONER
 OF  EDUCATION  SHALL  ALLOCATE  A  MINIMUM OF TWENTY-FIVE PERCENT OF THE
 AMOUNT APPROPRIATED FOR SUCH GRANTS TO AWARD  TO  INSTITUTIONS  WITH  AN
 OPERATING  BUDGET  OF BETWEEN TEN THOUSAND DOLLARS AND ONE HUNDRED FIFTY
 THOUSAND DOLLARS PER YEAR. THE COMMISSIONER OF EDUCATION SHALL  ALLOCATE
 A  MINIMUM  OF  TWENTY-FIVE  PERCENT OF THE AMOUNT APPROPRIATED FOR SUCH
 GRANTS TO AWARD TO INSTITUTIONS WITH AN OPERATING BUDGET OF BETWEEN  ONE
 HUNDRED FIFTY THOUSAND ONE DOLLARS AND FIVE HUNDRED THOUSAND DOLLARS PER
 YEAR.    THE COMMISSIONER OF EDUCATION SHALL ALLOCATE A MINIMUM OF TWEN-
 TY-FIVE PERCENT OF THE AMOUNT APPROPRIATED FOR SUCH GRANTS TO  AWARD  TO
 INSTITUTIONS  WITH  AN OPERATING BUDGET OF BETWEEN FIVE HUNDRED THOUSAND
 ONE DOLLARS AND ONE MILLION DOLLARS PER YEAR. THE COMMISSIONER OF EDUCA-
 TION SHALL ALLOCATE A MINIMUM  OF  TWENTY-FIVE  PERCENT  OF  THE  AMOUNT
 APPROPRIATED  FOR SUCH GRANTS TO AWARD TO INSTITUTIONS WITH AN OPERATING
 BUDGET IN EXCESS OF ONE MILLION DOLLARS PER YEAR.
   5. ON OR BEFORE MARCH FIFTEENTH, TWO THOUSAND  TWENTY-SIX  AND  ON  OR
 BEFORE  MARCH  FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER OF EDUCA-
 TION SHALL SUBMIT TO THE CHAIRS OF THE SENATE FINANCE AND  THE  ASSEMBLY
 WAYS  AND  MEANS  COMMITTEES,  AND  THE DIRECTOR OF THE BUDGET, A REPORT
 DETAILING THE IMPLEMENTATION OF THE  PROVISIONS  OF  THIS  SECTION,  THE
 EXTENT  OF  PARTICIPATION  BY ELIGIBLE INSTITUTIONS, THE RELATIONSHIP OF
 THE PROGRAMS PROVIDED TO SCHOOL CURRICULA, AND THE GEOGRAPHIC DISPERSION
 OF FUNDS AND PARTICIPATING INSTITUTIONS.
   § 4. This act shall take effect on the three hundred  sixty-fifth  day
 after  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 date.