S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8891
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to  enacting  the  "media
   literacy act of 2024"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Short title. This act shall be known and may be  cited  as
 the "media literacy act of 2024".
   § 2. Subdivision 2 of section 3006-a of the education law, as added by
 section  2 of subpart C of part EE of chapter 56 of the laws of 2015, is
 amended and a new subdivision 4 is added to read as follows:
   2. a. During each five-year registration period beginning on or  after
 July  first,  two  thousand sixteen, an applicant for registration shall
 successfully complete a minimum  of  one  hundred  hours  of  continuing
 teacher  and  leader  education,  as  defined  by  the commissioner. The
 department shall issue rigorous standards  for  courses,  programs,  and
 activities,  that  shall qualify as continuing teacher and leader educa-
 tion pursuant to this section. For purposes  of  this  section,  a  peer
 review  teacher,  or a principal acting as an independent trained evalu-
 ator, conducting a classroom observation as part of the  teacher  evalu-
 ation system pursuant to section three thousand twelve-d of this article
 may  credit  such  time towards his or her continuing teacher and leader
 effectiveness requirements.
   b. DURING EACH FIVE-YEAR REGISTRATION PERIOD BEGINNING ON OR  AFTER  A
 DATE  WHICH  SHALL BE DETERMINED BY THE COMMISSIONER, ANY TEACHER WHO IS
 AN APPLICANT FOR REGISTRATION SHALL SUCCESSFULLY COMPLETE A  MINIMUM  OF
 FIVE  HOURS OF PROFESSIONAL DEVELOPMENT RELATED TO MEDIA LITERACY EDUCA-
 TION AND ANY LIBRARY  MEDIA  SPECIALIST  SHALL  COMPLETE  A  MINIMUM  OF
 FIFTEEN  HOURS  OF  PROFESSIONAL  DEVELOPMENT  RELATED TO MEDIA LITERACY
 EDUCATION, AS DEFINED BY THE COMMISSIONER.   SUCH PROFESSIONAL  DEVELOP-
 MENT RELATED TO MEDIA LITERACY EDUCATION SHALL BE COUNTED TOWARD THE ONE
 HUNDRED  HOURS  OF  CONTINUING  TEACHER AND LEADER EDUCATION REQUIRED BY
 PARAGRAPH A OF THIS SUBDIVISION.  THE COMMISSIONER SHALL REQUIRE THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13787-02-4
              

 A. 8891                             2
 
   (I) PROFESSIONAL  DEVELOPMENT  RELATED  TO  MEDIA  LITERACY  EDUCATION
 INCORPORATES THE PRINCIPLES AND PRACTICES OF THE DEPARTMENT'S CULTURALLY
 RESPONSIVE-SUSTAINING FRAMEWORK;
   (II)  PROFESSIONAL  DEVELOPMENT RELATED TO MEDIA LITERACY EDUCATION IS
 PROVIDED BY OR IN COORDINATION WITH A LIBRARY  MEDIA  SPECIALIST  OR  AN
 EMPLOYEE  FROM  A  SCHOOL  DISTRICT'S  LIBRARY  SYSTEM  IN  EVERY SCHOOL
 DISTRICT;
   (III) LIBRARY MEDIA  SPECIALISTS  IN  EVERY  SCHOOL  DISTRICT  RECEIVE
 SPECIFIC  TRAINING IN HOW TO PROVIDE PROFESSIONAL DEVELOPMENT RELATED TO
 MEDIA LITERACY EDUCATION TO TEACHERS OF ALL  GRADE  LEVELS  AND  SUBJECT
 AREAS CONTAINED IN THEIR SCHOOLS, WHICH SHALL INCLUDE INSTRUCTION ON HOW
 TO  EFFECTIVELY  INTEGRATE  MEDIA LITERACY EDUCATION INTO SUCH TEACHERS'
 CURRICULA; AND
   (IV) THE DEPARTMENT CREATES AND PROVIDES MODEL CURRICULA, TEACHING AND
 PROFESSIONAL DEVELOPMENT RESOURCES ON  ITS  WEBSITE,  WHICH  INCORPORATE
 MEDIA LITERACY EDUCATION.
   C.  Nothing  in  this  section shall limit the ability of local school
 districts to agree pursuant to collective bargaining to additional hours
 of professional development or continuing teacher  or  leader  education
 above the minimum requirements set forth in this section.
   [c.]  D.  A  certified individual who has not satisfied the continuing
 teacher and leader education requirements shall not be  issued  a  five-
 year  registration  certificate by the department and shall not practice
 unless and until a registration or conditional registration  certificate
 is issued as provided in subdivision three of this section. For purposes
 of  this  subdivision, "continuing teacher and leader education require-
 ments" shall mean activities designed to improve the teacher or leader's
 pedagogical and/or leadership  skills,  targeted  at  improving  student
 performance,  including but not limited to formal continuing teacher and
 leader education activities. Such activities shall promote  the  profes-
 sionalization  of  teaching and be closely aligned to district goals for
 student performance which meet the standards prescribed  by  regulations
 of the commissioner. To fulfill the continuing teacher and leader educa-
 tion  requirement,  programs must be taken from sponsors approved by the
 department, which shall include but not be limited to school  districts,
 pursuant to the regulations of the commissioner.
   4.  FOR THE PURPOSES OF THIS SECTION, "LIBRARY MEDIA SPECIALIST" SHALL
 MEAN AN INDIVIDUAL EMPLOYED BY A SCHOOL  DISTRICT  AS  A  LIBRARY  MEDIA
 SPECIALIST PURSUANT TO 8 NYCRR 91.2.
   §  3. The education law is amended by adding a new section 286 to read
 as follows:
   § 286. SCHOOL LIBRARY MEDIA SPECIALIST. 1. NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW TO THE CONTRARY AND SUBJECT TO THE PROVISIONS OF SUBDI-
 VISION  TWO  OF THIS SECTION, EACH SCHOOL DISTRICT SHALL EMPLOY A CERTI-
 FIED SCHOOL LIBRARY MEDIA SPECIALIST IN EACH  ELEMENTARY,  INTERMEDIATE,
 MIDDLE,  JUNIOR  HIGH  AND  SENIOR HIGH SCHOOL WITHIN THREE YEARS OF THE
 EFFECTIVE DATE OF THIS SECTION.
   2. EMPLOYMENT OF CERTIFIED SCHOOL LIBRARY MEDIA SPECIALIST SHALL BE IN
 ACCORDANCE WITH THE FOLLOWING STANDARDS:
   A. IN EACH SCHOOL WITH AN ENROLLMENT OF  NOT  MORE  THAN  ONE  HUNDRED
 STUDENTS,  A CERTIFIED SCHOOL LIBRARY MEDIA SPECIALIST SHALL BE EMPLOYED
 AS FIFTEEN-HUNDREDTHS OF A FULL-TIME EQUIVALENT STAFF MEMBER;
   B. IN EACH SCHOOL WITH AN ENROLLMENT OF MORE THAN ONE HUNDRED BUT  NOT
 MORE  THAN  THREE  HUNDRED  STUDENTS,  A  CERTIFIED SCHOOL LIBRARY MEDIA
 SPECIALIST SHALL BE EMPLOYED AS A THREE-TENTHS OF A FULL-TIME EQUIVALENT
 STAFF MEMBER;
 A. 8891                             3
 
   C. IN EACH ELEMENTARY OR SECONDARY SCHOOL WITH AN ENROLLMENT  OF  MORE
 THAN  THREE  HUNDRED BUT NO MORE THAN FIVE HUNDRED STUDENTS, A CERTIFIED
 SCHOOL LIBRARY MEDIA SPECIALIST SHALL BE EMPLOYED AS  A  ONE-HALF  OF  A
 FULL-TIME EQUIVALENT STAFF MEMBER;
   D.  IN  EACH  SCHOOL  WITH  AN  ENROLLMENT  OF  MORE THAN FIVE HUNDRED
 STUDENTS, A CERTIFIED SCHOOL LIBRARY MEDIA SPECIALIST SHALL BE  EMPLOYED
 AS A FULL-TIME EQUIVALENT STAFF MEMBER;
   E.  IN  EACH  SCHOOL  WITH  AN  ENROLLMENT  OF  MORE THAN ONE THOUSAND
 STUDENTS BUT NO MORE THAN TWO  THOUSAND  STUDENTS,  A  CERTIFIED  SCHOOL
 LIBRARY MEDIA SPECIALIST AND A SUPPORT STAFF PERSON SHALL BE EMPLOYED AS
 A FULL-TIME EQUIVALENT STAFF MEMBER;
   F.  (I)  IN  EACH  SCHOOL  WITH AN ENROLLMENT OF AT LEAST TWO THOUSAND
 STUDENTS, TWO CERTIFIED SCHOOL LIBRARY MEDIA SPECIALISTS AND TWO SUPPORT
 STAFF PERSONS SHALL BE EMPLOYED AS A FULL-TIME EQUIVALENT STAFF MEMBER;
   (II) AN ADDITIONAL FULL-TIME EQUIVALENT STAFF MEMBER SHALL BE EMPLOYED
 AS A SUPPORT STAFF PERSON FOR  EACH  ADDITIONAL  ONE  THOUSAND  STUDENTS
 ENROLLED IN A SCHOOL.
   3.  THE COMMISSIONER MAY, UPON APPLICATION BY A SCHOOL DISTRICT, WAIVE
 THE APPLICABILITY OF THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
 SECTION FOR UP TO TWO YEARS, IF SUCH APPLICATION DEMONSTRATES THE SCHOOL
 IS  WITHIN A DESIGNATED SHORTAGE AREA FOR CERTIFIED SCHOOL LIBRARY MEDIA
 SPECIALISTS, AND SUCH APPLICATION DEMONSTRATES THAT SUCH  SCHOOL  HAS  A
 TWO-YEAR  PLAN  TO BE IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION;
 HOWEVER, NO SUCH WAIVER SHALL BE GRANTED FOR MORE THAN  TWO  CONSECUTIVE
 SCHOOL YEARS.
   §  4. Subdivision 2 of section 711 of the education law, as amended by
 chapter 571 of the laws of 2023, is amended to read as follows:
   2. School library materials, for the purposes of  this  article  shall
 mean  digital  materials,  audio/visual  materials and printed materials
 that may or may not require magnification which meet all of the  follow-
 ing  criteria:  (1) materials which are catalogued and processed as part
 of the school library or media  center  for  use  by  elementary  and/or
 secondary school children and teachers; (2) materials which with reason-
 able  care  and  use may be expected to last more than one year; and (3)
 materials which would not be eligible for aid pursuant to sections seven
 hundred one and seven hundred fifty-one of this  title.  School  library
 materials  meeting  these criteria may include (i) hard cover, paperback
 books and e-books, periodicals, that is, print and digital  publications
 which  are  subscription-based  and  appear at regular intervals of less
 than one year on a continuing basis for an indefinite period,  documents
 other  than books, pamphlets, musical scores, other printed, digital and
 published materials, (ii) for school year nineteen hundred  eighty-six--
 eighty-seven  and  thereafter,  audio/visual  materials including films,
 film strips, micro-film, sound recordings, processed slides, transparen-
 cies, kinescopes, video tapes, maps, charts,  globes,  pictorial  works,
 including pictures and picture sets, reproductions, photographs, graphic
 works, ANY AUDIO/VISUAL, ONLINE OR ELECTRONIC MATERIALS NEEDED FOR MEDIA
 LITERACY  PROGRAMS,  and  any  other audio/visual materials of a similar
 nature made.
   § 5. For the purposes of sections five, six, seven and eight  of  this
 act, the following terms shall have the following meanings:
   1.  "Digital  citizenship"  means  a  diverse set of skills related to
 current technology and social media, including the norms of appropriate,
 responsible, and healthy behavior.
 A. 8891                             4
 
   2. "Media literacy" means the ability to  access,  analyze,  evaluate,
 and  use  media  and information and encompasses the foundational skills
 that lead to digital citizenship.
   §  6.  The  commissioner  of education, in cooperation with experts in
 media literacy, the board of regents of the university of the  state  of
 New York, and educators, shall appoint a media literacy advisory commit-
 tee  ("committee")  to  conduct a study on teaching of media literacy in
 schools.
   § 7. The group shall create a survey and submit to each school  admin-
 istrator  in the state to provide feedback from teachers and students to
 the state board of education to identify media literacy  best  practices
 of  and  the current media literacy resources available to each district
 to best inform future instruction. The survey shall include a  checklist
 of  items  for  school  districts to consider when updating policies and
 procedures. The survey shall also inquire of teacher-librarians, princi-
 pals, and technology directors to  understand  how  they  are  currently
 integrating  digital  citizenship  and media literacy education in their
 curriculum.
   § 8. The committee shall make a report of its findings, including  any
 recommendations  for  legislative  action  as  it may deem necessary and
 appropriate, best practices for instruction that provides guidance  that
 identifies  fake  print  and  video media and to apply critical thinking
 skills when consuming and producing media in any form. These recommenda-
 tions and best practices may include, but are not limited to:
   (a) revisions to state education standards and the state instructional
 technology plan;
   (b) revisions to policies and procedures on media literacy,  including
 digital citizenship and internet safety;
   (c)  school  district processes necessary to develop customized school
 district policies and procedures on electronic  resources  and  internet
 safety that can be used within a school district technology plan;
   (d)  best  practices,  resources,  and models for instruction in media
 literacy;
   (e) best practices, resources, and models for instruction  of  digital
 citizenship,  including  media  literacy,  that  are  compliant with the
 federal universal service e-rate program administered by the schools and
 libraries division of the universal service administrative  company  and
 federal   mandates   established  in  the  federal  children's  internet
 protection act; and
   (f) strategies that will support school districts in local implementa-
 tion of the best practices and recommendations developed by the  commit-
 tee,  including  strategies  for  delivering professional development to
 educators and administrators.
   § 9. The report required by section seven of this act shall be  deliv-
 ered  to  the  governor,  the  temporary president of the senate and the
 speaker of the assembly no later than one year after the effective  date
 of this act.
   § 10. The education law is amended by adding a new section 756 to read
 as follows:
   §  756.  ANNUAL REVIEW OF MEDIA LITERACY POLICY AND PROCEDURES. 1. FOR
 PURPOSES OF THIS SECTION, "MEDIA LITERACY" SHALL BE CONSIDERED  A  BROAD
 TERM  THAT  ENCOMPASSES  CONSUMPTION AND PRODUCTION OF MEDIA AND DIGITAL
 PRODUCTS AND IS DEFINED AS THE ABILITY TO ACCESS, ANALYZE, EVALUATE, ACT
 AND CREATE WITH ALL FORMS OF COMMUNICATION, AND ENCOMPASSES THE  FOUNDA-
 TIONAL  SKILLS  OF DIGITAL CITIZENSHIP AND INTERNET SAFETY INCLUDING THE
 A. 8891                             5
 
 NORMS OF APPROPRIATE, RESPONSIBLE, HEALTHY BEHAVIOR,  AND  CYBERBULLYING
 PREVENTION.
   2. BEGINNING IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
 SCHOOL YEAR, A MEDIA LITERACY ADVISORY COMMITTEE SHALL BE CREATED WITHIN
 THE  DEPARTMENT  TO  REVIEW AND AMEND THE POLICY AND PROCEDURES ON MEDIA
 LITERACY. THE COMMITTEE,  IN  CONJUNCTION  WITH  NATIONAL  OR  STATEWIDE
 ORGANIZATIONS FOCUSED ON MEDIA LITERACY, SHALL:
   (A)  INVOLVE  A REPRESENTATION OF TEACHERS, TEACHER-LIBRARIANS, SCHOOL
 MEDIA  SPECIALISTS,  OTHER  SCHOOL  EMPLOYEES,  SCHOOL   ADMINISTRATORS,
 PUPILS,  AND  COMMUNITY  REPRESENTATIVES WITH EXPERIENCE OR EXPERTISE IN
 MEDIA LITERACY ISSUES;
   (B) CONSIDER CUSTOMIZING THE MODEL POLICY AND PROCEDURES ON ELECTRONIC
 RESOURCES;
   (C) CONSIDER EXISTING SCHOOL DISTRICT RESOURCES; AND
   (D) CONSIDER BEST PRACTICES, RESOURCES, AND MODELS FOR INSTRUCTION  IN
 MEDIA LITERACY.
   §  11. This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.