NY State Senate Bill 2023-S7766

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
Nov 22, 2023	referred to rules

co-Sponsors

2023-S7766 (ACTIVE) - Details

See Assembly Version of this Bill:: A8828
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add Art 15-D §§731 - 734, amd §§1501-b, 701 & 751, Ed L; amd §103, Pub Off L

2023-S7766 (ACTIVE) - Summary

Requires school boards to make the final decision on whether to keep, remove, or restrict access to an instructional material in a school library; establishes a review process for formal complaints concerning instructional materials that are the subject of complaints.

2023-S7766 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7766

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the education law and the public officers law, in
relation to establishing the "public school instructional materials
review and transparency act"

 
PURPOSE:

This bill enacts the Public School Instructional Materials Review and
Transparency Act. It provides for a uniform, thorough, and transparent
public review process and designation of any instructional material that
is subject to review by a school district as a challenged material when
the challenged material has had a formal complaint registered by a
parent or guardian in a school district.

 
SUMMARY OF PROVISIONS:

Section 1: states that this act shall be known as the "Public School
Instructional Materials Review and Transparency Act."

Section 2: Creates a new Article 15-D in education law that contains
subsections 731, 732, 733, and 734.

Subsection 731 of Section 2 of the bill defines the following terms for
the purposes of this new article: "instructional material", "challenged
material", "informal complaint", "formal complaint" and "review commit-
tee".

Subsection 732 of Section 2 of the bill provides that initial complaints
regarding challenged materials may be brought to the school and resolved
by mutual agreement.

Subsection 733 of Section 2 of the bill provides that a formal complaint
in written and/or electronic mail form may be submitted to a superinten-
dent by a parent or guardian regarding an instructional material in use
at the school. The formal complaint shall outline why the complainant
believes the content of such challenged material is inappropriate.

When a formal complaint is filed, the superintendent must refer the
matter to a review committee that will have thirty business days to
review the complaint and make a determination that will become a recom-
mendation to be acted upon by the school board.

During the first fifteen business days, the review committee shall
accept public comments on the challenged material and the school
district must provide the review committee with any correspondence they
have received regarding the challenged material within the first fifteen
business days of its review.

The review committee, upon completing its review, will notify the super-
intendent and the school board of its intention to make a recommendation
to the school board at the next school board meeting regarding the chal-
lenged material. Then at the next regularly scheduled school board meet-
ing, the review committee will make a formal recommendation to the board
to either maintain such instructional material as is currently in use,

or to modify its use and access to students in some way, or to discon-
tinue its use as an instructional material within the district.

Once the review committee has completed its review and indicated they
will be making their recommendation to the school board for subsequent
action, the school superintendent shall notify the complainant and
district residents that the matter has been reviewed and will be taken
up at the next board meeting. The school board also must notify the
public ahead seventy-two hours in advance of the meeting that the matter
will be taken up at the next board meeting, and must notify the public
that there will be a time for public comment by school district resi-
dents at that meeting prior to the board vote to approve or deny the
review committee recommendation about the challenged material. The
school board must make available the source citation of the challenged
material and a redacted copy of the formal complaint on its website
prior to the school board meeting at which the matter will be taken up.

Subsection 734 of Section 2 of the bill provides that school districts
shall establish and maintain an accessible public database of all
instructional materials that may be accessed and searchable by parents
and guardians.

Section 3: amends Section 1501-B of the education law to authorized and
empower school boards to approve or deny recommendations by review
committees regarding challenged material. This section also ensures that
there is public notification that the matter will be taken up at a
school board meeting and that the public will have an opportunity to
comment at the meeting.

Section 4: amends Section 701 of education law to add a new subdivision
9 that empowers schools to maintain an online database of all instruc-
tional materials, providing that it shall made accessible to parents and
guardians of students in the school district.

Section 5: amends public officers law to provide that school boards
shall notify the public that the matter will be taken up at a school
board meeting and that the public will have the opportunity to comment
at the meeting.

Section 6: amends section 751 of education law to provide reimbursement
through technology state aid category for any costs associated with
creating and/or maintaining a database of instructional materials in use
in the school that can be accessed by parents or guardians.

Section 7: Provides for an immediate effective date.

 
JUSTIFICATION:

This bill provides a uniform, transparent and public process for schools
to follow with regard to any formal complaints by a parent or guardian
regarding instructional material in use in the district and available to
students in support of their learning (i.e. "challenged material"). It
ensures that there is a process in place in each district to thoroughly
review and accept input by district stakeholders regarding the chal-
lenged material.

The bill ensures that input by district residents has been considered by
a school board prior to any decision regarding the challenged material.
This bill outlines a process and lays out a timeline for schools to
follow. It also requires public notification and school board action
after the review committee's work is completed.

Schools currently are not prescribed a process in state law to follow
with regard to decision making on challenged materials. Rather, current-
ly school officials per regulations of the state education commissioner,
are left to set up their own policies of review and determination that
may or may not include a process for public input by school district
stakeholders and parents and guardians.

Parents and guardians of students in school districts in our state, as
well as the public at large, will be better served by having a predict-
able and uniform process in place. This bill increases public partic-
ipation and transparency in the process of education of our public
school students and therefore promotes good governance in our public
education system.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal. Since databases of such instructional materials already exists
at most schools, there will be minimal fiscal impact. However, to the
extent needed, it shall be state-aidable using technology reimbursement
aid to pay for any cost a district would potentially incur to establish
and/or maintain such database.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7766 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7766
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 22, 2023
                                ___________
 
 Introduced  by Sens. MURRAY, BORRELLO, PALUMBO, RHOADS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules
 
 AN  ACT  to  amend  the  education  law  and the public officers law, in
   relation to establishing the "public  school  instructional  materials
   review and transparency act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "public
 school instructional materials review and transparency act".
   § 2. The education law is amended by adding a new article 15-D to read
 as follows:
                               ARTICLE 15-D
     PUBLIC SCHOOL INSTRUCTIONAL MATERIALS REVIEW AND TRANSPARENCY ACT
 SECTION 731. DEFINITIONS.
         732. INFORMAL COMPLAINT.
         733. FORMAL COMPLAINT.
         734. ACCESSIBLE PUBLIC DATABASE.
   § 731. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.   "INSTRUCTIONAL  MATERIAL"  MEANS  TEXTBOOKS,  WORKBOOKS,  LIBRARY
 VOLUMES, AUDIO-VISUAL RECORDINGS, AND ANY OTHER  INSTRUCTIONAL,  CURRIC-
 ULUM, LITERARY, RESOURCE, OR SUPPORT MATERIAL.
   2. "CHALLENGED MATERIAL" MEANS ANY INSTRUCTIONAL MATERIAL FOR WHICH AN
 INFORMAL  OR  FORMAL  COMPLAINT BY A PARENT OR GUARDIAN OF A STUDENT WHO
 ATTENDS A SCHOOL DISTRICT HAS BEEN MADE.
   3. "INFORMAL COMPLAINT" MEANS A PROCESS WHEREBY A PARENT  OR  GUARDIAN
 OF A STUDENT WHO ATTENDS A SCHOOL DISTRICT REQUESTS OF A TEACHER, SCHOOL
 PRINCIPAL,  OR  OTHER  SCHOOL  OFFICIAL, WHETHER IN WRITING OR VERBALLY,
 THAT AN INSTRUCTIONAL MATERIAL IN USE  WITHIN  THE  SCHOOL  DISTRICT  BE
 REVIEWED  BY THE TEACHER, SCHOOL PRINCIPAL, OR OTHER SCHOOL OFFICIAL FOR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13342-07-3

 S. 7766                             2
 
 APPROPRIATENESS IN THE SCHOOL SETTING AND SUBSEQUENTLY  BE  DISCONTINUED
 OR RESTRICTED IN USE BY AGE OR GRADE LEVEL, OR BE MADE SUBJECT TO USE BY
 PARENTAL PERMISSION.
   4. "FORMAL COMPLAINT" MEANS A WRITTEN COMPLAINT BY A PARENT OR GUARDI-
 AN  OF  A STUDENT WHO ATTENDS A SCHOOL DISTRICT, TO A SCHOOL SUPERINTEN-
 DENT REQUESTING THAT THE SCHOOL DISTRICT REVIEW A CHALLENGED MATERIAL IN
 USE WITHIN SUCH  SCHOOL  DISTRICT  FOR  APPROPRIATENESS  IN  THE  SCHOOL
 SETTING  AND  SUBSEQUENTLY  DISCONTINUED  OR RESTRICTED IN USE BY AGE OR
 GRADE LEVEL, OR BE MADE SUBJECT TO USE BY PARENTAL PERMISSION.
   5. "REVIEW COMMITTEE" MEANS A TEMPORARY OR STANDING  REVIEW  COMMITTEE
 FOR EACH SCHOOL DISTRICT, WHOSE MEMBERS SHALL BE APPOINTED BY THE SUPER-
 INTENDENT  OR  SCHOOL BOARD OF EACH SUCH SCHOOL DISTRICT FOR THE PURPOSE
 OF REVIEWING FORMAL COMPLAINTS. MEMBERS OF SUCH COMMITTEE SHALL  INCLUDE
 BUT  NOT  BE  LIMITED TO STAKEHOLDERS OF SUCH SCHOOL DISTRICT, AS DEEMED
 APPROPRIATE BY THE SCHOOL  BOARD  OR  SUPERINTENDENT.  A  LIST  OF  SUCH
 MEMBERS  SHALL  BE  POSTED ON THE WEBSITE OF SUCH SCHOOL DISTRICT AND BE
 MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
   § 732. INFORMAL COMPLAINT.  INITIAL  COMPLAINTS  REGARDING  CHALLENGED
 MATERIAL MAY BE BROUGHT AS AN INFORMAL COMPLAINT BY PARENTS OR GUARDIANS
 OF  STUDENTS ATTENDING A SCHOOL DISTRICT TO A TEACHER, DEPARTMENT CHAIR,
 PRINCIPAL OF A SCHOOL, ASSISTANT SUPERINTENDENT OF A SCHOOL DISTRICT, OR
 OTHER SCHOOL ADMINISTRATIVE PERSONNEL. SUCH INFORMAL COMPLAINT  ABOUT  A
 CHALLENGED MATERIAL MAY BE RESOLVED BY MUTUAL AGREEMENT OF THE COMPLAIN-
 ANT  AND  THE  SCHOOL  PERSONNEL  TO  WHOM  SUCH COMPLAINANT BROUGHT THE
 MATTER. IF SUCH RESOLUTION IS NOT REACHED TO THE COMPLAINANT'S SATISFAC-
 TION, THE COMPLAINANT MAY FILE A FORMAL COMPLAINT.
   § 733. FORMAL COMPLAINT. 1. WHEN A PARENT OR  GUARDIAN  OF  A  STUDENT
 ATTENDING  A SCHOOL DISTRICT SUBMITS A FORMAL COMPLAINT TO A SUPERINTEN-
 DENT OF SUCH SCHOOL DISTRICT, THE SUPERINTENDENT SHALL REFER SUCH FORMAL
 COMPLAINT TO A REVIEW COMMITTEE WITHIN FIVE BUSINESS DAYS.  SUCH  REVIEW
 COMMITTEE  SHALL  MAKE  A  FORMAL  RECOMMENDATION  TO  KEEP,  REMOVE, OR
 RESTRICT ACCESS TO THE INSTRUCTIONAL MATERIAL THAT  IS  THE  SUBJECT  OF
 SUCH FORMAL COMPLAINT TO THE SCHOOL BOARD OF THAT SCHOOL DISTRICT WITHIN
 THIRTY  BUSINESS  DAYS.  SUCH  SCHOOL BOARD WILL VOTE TO APPROVE OR DENY
 SUCH RECOMMENDATION AT THE NEXT  REGULARLY  SCHEDULED  MEETING  OF  SUCH
 BOARD AND WILL ALLOW FOR PUBLIC COMMENT REGARDING SUCH RECOMMENDATION AT
 SUCH MEETING.
   2. FORMAL COMPLAINTS SHALL:
   (A) BE IN WRITING OR ELECTRONIC MAIL FORM;
   (B)  SPECIFY  THE COMPLAINT AS BEING A FORMAL COMPLAINT ABOUT INSTRUC-
 TIONAL MATERIAL;
   (C) PROVIDE A SOURCE CITATION FOR THE CHALLENGED MATERIAL;
   (D) REQUEST THAT THE CHALLENGED MATERIAL BE REVIEWED FOR  APPROPRIATE-
 NESS; AND
   (E)  SPECIFY  WHY  THE  COMPLAINANT BELIEVES THE CONTENT OF SUCH CHAL-
 LENGED MATERIAL TO BE INAPPROPRIATE OR VIOLATIVE OF SCHOOL POLICY.
   3. EACH SCHOOL DISTRICT SHALL ESTABLISH A POLICY THAT LAYS OUT A PROC-
 ESS BY WHICH FORMAL COMPLAINTS SHALL BE  MADE,  INCLUDING  THE  FORM  IN
 WHICH SUCH COMPLAINTS SHALL BE SUBMITTED.
   4.  (A)  UPON  RECEIPT OF A FORMAL COMPLAINT PURSUANT TO THIS SECTION,
 THE SUPERINTENDENT OF A SCHOOL DISTRICT SHALL:
   (I) REFER THE FORMAL COMPLAINT TO A REVIEW COMMITTEE FOR  THE  PURPOSE
 OF REVIEWING THE FORMAL COMPLAINT AND MAKING RECOMMENDATION TO THE BOARD
 OF EDUCATION FOR THAT SCHOOL DISTRICT;
   (II)  PROVIDE,  DURING THE INITIAL FIFTEEN BUSINESS DAYS OF THE REVIEW
 COMMITTEE'S RECEIPT OF THE FORMAL COMPLAINT, THE REVIEW  COMMITTEE  WITH
 S. 7766                             3
 
 RECORDS OF ANY CORRESPONDENCE REGARDING THE CHALLENGED MATERIAL THAT THE
 SCHOOL  DISTRICT HAS RECEIVED FROM ANY RESIDENTS OF SUCH SCHOOL DISTRICT
 DURING SUCH FIFTEEN BUSINESS DAY PERIOD OR  WITHIN  THE  PRIOR  CALENDAR
 YEAR;
   (III) NOTIFY THE PUBLIC BY POSTING INFORMATION ON ITS WEBSITE THAT THE
 REVIEW  COMMITTEE WILL COMMENCE REVIEW OF A CHALLENGED MATERIAL AND THAT
 THE PUBLIC MAY SUBMIT PUBLIC COMMENTS WITHIN FIFTEEN BUSINESS  DAYS  FOR
 SUCH  REVIEW  COMMITTEE  TO ACCEPT AND EXAMINE. SUCH NOTIFICATION SHALL:
 INCLUDE THE SOURCE CITATION FOR  THE  CHALLENGED  MATERIAL;  INFORM  THE
 DISTRICT  RESIDENTS  THAT  THE  REVIEW  COMMITTEE  WILL  ACCEPT  WRITTEN
 COMMENTS FOR REVIEW FOR THE INITIAL FIFTEEN BUSINESS DAYS OF THE  REVIEW
 PROCESS  PURSUANT  TO  SUBPARAGRAPH  (II) OF THIS PARAGRAPH; AND SPECIFY
 THAT THE REVIEW COMMITTEE WILL MAKE A RECOMMENDATION TO THE SCHOOL BOARD
 TO KEEP, REMOVE, OR RESTRICT ACCESS TO THE INSTRUCTIONAL  MATERIAL  THAT
 IS  THE  SUBJECT  OF SUCH FORMAL COMPLAINT NO LATER THAN THIRTY BUSINESS
 DAYS AFTER THE COMMENCEMENT OF THE REVIEW  PROCESS,  PROVIDED,  HOWEVER,
 THAT  IF  SUCH  REVIEW  PROCESS IS COMPLETED LESS THAN SEVENTY-TWO HOURS
 BEFORE THE NEXT REGULARLY SCHEDULED MEETING OF THE  BOARD  OF  EDUCATION
 FOR  THAT  SCHOOL DISTRICT, SUCH RECOMMENDATION SHALL BE TAKEN UP AT THE
 NEXT SUCCEEDING REGULARLY SCHEDULED MEETING OF SUCH BOARD;
   (IV) NOTIFY THE COMPLAINANT THAT THE REVIEW COMMITTEE WILL BE MAKING A
 RECOMMENDATION TO KEEP, REMOVE, OR RESTRICT  ACCESS  TO  THE  CHALLENGED
 MATERIAL  THAT  IS  THE  SUBJECT  OF  A FORMAL COMPLAINT TO THE BOARD OF
 EDUCATION OF THAT SCHOOL DISTRICT AT AN OPEN MEETING OF SUCH BOARD,  AND
 THAT  SUCH COMPLAINANT SHALL HAVE THE OPPORTUNITY TO GIVE PUBLIC COMMENT
 AT SUCH MEETING, AT LEAST SEVENTY-TWO HOURS IN ADVANCE OF SUCH MEETING;
   (V) NOTIFY THE PUBLIC THAT THE  REVIEW  COMMITTEE  WILL  BE  MAKING  A
 RECOMMENDATION  TO  KEEP,  REMOVE,  OR RESTRICT ACCESS TO THE CHALLENGED
 MATERIAL THAT IS THE SUBJECT OF A  FORMAL  COMPLAINT  TO  THE  BOARD  OF
 EDUCATION  OF THAT SCHOOL DISTRICT AT AN OPEN MEETING OF SUCH BOARD, AND
 THAT THE PUBLIC SHALL HAVE THE OPPORTUNITY TO  GIVE  PUBLIC  COMMENT  AT
 SUCH  MEETING,  AT  LEAST  SEVENTY-TWO HOURS IN ADVANCE OF SUCH MEETING.
 SUCH NOTICE SHALL INCLUDE THE SOURCE CITATION INFORMATION OF SUCH  CHAL-
 LENGED MATERIAL; AND
   (VI) MAKE AVAILABLE THE SOURCE CITATION OF SUCH INSTRUCTIONAL MATERIAL
 AND  THE FORMAL COMPLAINT, WITH IDENTIFYING INFORMATION OF THE COMPLAIN-
 ANT REDACTED, BY POSTING ON A REGULARLY AND  ROUTINELY  UPDATED  WEBSITE
 MAINTAINED  BY SUCH BOARD TO THE EXTENT PRACTICABLE AT LEAST SEVENTY-TWO
 HOURS PRIOR TO THE MEETING OF THE BOARD OF  EDUCATION  FOR  THAT  SCHOOL
 DISTRICT DURING WHICH SUCH COMPLAINT SHALL BE THE SUBJECT OF DISCUSSION.
   (B) (I) UPON RECEIPT OF A FORMAL COMPLAINT, A REVIEW COMMITTEE SHALL:
   (A)  PERFORM  A THOROUGH REVIEW OF THE FORMAL COMPLAINT AND CHALLENGED
 MATERIAL IN A TIMELY MANNER, PROVIDED, HOWEVER, THAT SUCH  REVIEW  SHALL
 BE  COMPLETED  NO  LATER  THAN THIRTY BUSINESS DAYS AFTER THE RECEIPT OF
 SUCH FORMAL COMPLAINT, UNLESS AN  EXTENSION  IS  REQUESTED  PURSUANT  TO
 SUBPARAGRAPH (II) OF THIS PARAGRAPH; AND
   (B)  ACCEPT  AND REVIEW, DURING THE FIRST FIFTEEN BUSINESS DAYS OF THE
 REVIEW PROCESS, ANY CORRESPONDENCE  REGARDING  THE  CHALLENGED  MATERIAL
 THAT  THE SCHOOL DISTRICT HAS RECEIVED FROM ANY RESIDENTS OF SUCH SCHOOL
 DISTRICT DURING SUCH FIFTEEN BUSINESS DAY PERIOD  OR  WITHIN  THE  PRIOR
 CALENDAR YEAR.
   (II)  AN EXTENSION OF TEN ADDITIONAL BUSINESS DAYS TO THE THIRTY BUSI-
 NESS DAY REVIEW PERIOD MAY BE REQUESTED BY THE REVIEW COMMITTEE  IN  THE
 EVENT  THAT  THERE  IS AN ABUNDANCE OF COMMENTS REGARDING THE CHALLENGED
 MATERIAL RECEIVED WITHIN THE FIRST FIFTEEN BUSINESS DAYS OF  THE  REVIEW
 PROCESS.
 S. 7766                             4

   (C) UPON COMPLETION OF A REVIEW PROCESS, A REVIEW COMMITTEE SHALL:
   (I)  NOTIFY  THE  SCHOOL SUPERINTENDENT AND BOARD OF EDUCATION OF THAT
 SCHOOL DISTRICT THAT THE REVIEW COMMITTEE HAS MADE A DECISION  AND  WILL
 BE  MAKING  A  RECOMMENDATION TO KEEP, REMOVE, OR RESTRICT ACCESS TO THE
 CHALLENGED MATERIAL THAT IS THE SUBJECT OF A FORMAL  COMPLAINT  TO  SUCH
 BOARD  AT  THE NEXT REGULARLY SCHEDULED MEETING OF SUCH BOARD, PROVIDED,
 HOWEVER, THAT IF SUCH REVIEW PROCESS IS COMPLETED LESS THAN  SEVENTY-TWO
 HOURS BEFORE THE NEXT REGULARLY SCHEDULED MEETING OF THE BOARD OF EDUCA-
 TION  FOR THAT SCHOOL DISTRICT, SUCH RECOMMENDATION SHALL BE TAKEN UP AT
 THE NEXT SUCCEEDING REGULARLY SCHEDULED MEETING OF SUCH BOARD;
   (II) MAKE A RECOMMENDATION TO SUCH BOARD TO KEEP, REMOVE, OR  RESTRICT
 ACCESS,  BY  AGE OR GRADE LEVEL, OR BY REQUIRING PARENTAL PERMISSION, TO
 THE CHALLENGED MATERIAL THAT IS THE SUBJECT OF A FORMAL COMPLAINT AT THE
 NEXT REGULARLY SCHEDULED MEETING OF SUCH BOARD.
   (D) UPON RECEIPT OF A RECOMMENDATION FROM A REVIEW COMMITTEE TO  KEEP,
 REMOVE,  OR  RESTRICT  ACCESS  TO  THE  CHALLENGED  MATERIAL THAT IS THE
 SUBJECT OF A FORMAL  COMPLAINT,  A  BOARD  OF  EDUCATION  FOR  A  SCHOOL
 DISTRICT  SHALL  VOTE  TO KEEP, REMOVE, OR RESTRICT ACCESS TO SUCH CHAL-
 LENGED MATERIAL AT A REGULARLY SCHEDULED  MEETING  OF  SUCH  BOARD,  AND
 ALLOW TIME FOR PUBLIC COMMENT BY SCHOOL DISTRICT RESIDENTS OR PARENTS OR
 GUARDIANS  OF  STUDENTS  ATTENDING  THAT  SCHOOL DISTRICT REGARDING SUCH
 CHALLENGED MATERIAL AT SUCH MEETING IMMEDIATELY PRIOR TO SUCH VOTE. EACH
 MEMBER OF THE PUBLIC AUTHORIZED TO MAKE PUBLIC COMMENTS SHALL BE ALLOWED
 UP TO THREE MINUTES TO SPEAK AT THE MEETING OF THE BOARD PRIOR  TO  SUCH
 VOTE.
   § 734. ACCESSIBLE PUBLIC DATABASE. EACH SCHOOL DISTRICT SHALL MAINTAIN
 AN  ACCESSIBLE  PUBLIC  DATABASE PURSUANT TO SUBDIVISION NINE OF SECTION
 SEVEN HUNDRED ONE OF THIS TITLE.  SUCH PUBLIC DATABASE  SHALL  BE  MAIN-
 TAINED  REGULARLY  AND  UPDATED UPON THE ACQUISITION OF ANY NEW INSTRUC-
 TIONAL MATERIALS AND DISCONTINUATION OF USE OF ANY INSTRUCTIONAL MATERI-
 AL BY THE SCHOOL DISTRICT. SUCH PUBLIC DATABASE ALSO SHALL BE SEARCHABLE
 BY SOURCE CITATION DATA.
   § 3. Section 1501-b of the education law is amended by  adding  a  new
 subdivision 5 to read as follows:
   5.  THE  BOARD  OF  EDUCATION OF ANY SCHOOL DISTRICT IS AUTHORIZED AND
 EMPOWERED TO APPROVE OR DENY A RECOMMENDATION BY A REVIEW COMMITTEE,  AS
 DEFINED  BY SUBDIVISION FIVE OF SECTION SEVEN HUNDRED THIRTY-ONE OF THIS
 CHAPTER, TO KEEP, REMOVE OR RESTRICT ACCESS TO A CHALLENGED MATERIAL, AS
 DEFINED BY SUBDIVISION TWO OF SECTION SEVEN HUNDRED THIRTY-ONE  OF  THIS
 CHAPTER.  WHEN  SUCH  RECOMMENDATION  IS  SCHEDULED TO BE THE SUBJECT OF
 DISCUSSION AND SUBSEQUENT ACTION BY A BOARD OF EDUCATION DURING AN  OPEN
 MEETING,  SUCH  BOARD  SHALL  MAKE AVAILABLE THE SOURCE CITATION OF SUCH
 CHALLENGED MATERIALS BY POSTING SUCH  INFORMATION  ON  A  REGULARLY  AND
 ROUTINELY UPDATED WEBSITE MAINTAINED BY SUCH BOARD TO THE EXTENT PRACTI-
 CABLE AT LEAST SEVENTY-TWO HOURS PRIOR TO SUCH MEETING.
   §  4.  Section  701  of  the  education law is amended by adding a new
 subdivision 9 to read as follows:
   9. IN THE SEVERAL CITIES AND SCHOOL DISTRICTS OF THE STATE,  BOARD  OF
 EDUCATION,  TRUSTEES OR SUCH BODY OR OFFICER AS PERFORM THE FUNCTIONS OF
 SUCH BOARDS, SHALL MAINTAIN AN ONLINE DATABASE LISTING THE SOURCE  CITA-
 TIONS OF ALL INSTRUCTIONAL MATERIALS, DESIGNATED PURSUANT TO SUBDIVISION
 ONE  OF THIS SECTION, THAT ARE IN USE IN SUCH SCHOOL DISTRICT FOR TEACH-
 ING AND SUPPORT OF LEARNING BY  STUDENTS  IN  THE  SCHOOLS  UNDER  THEIR
 CHARGE.  SUCH DATABASE SHALL BE MADE ACCESSIBLE TO PARENTS AND GUARDIANS
 OF STUDENTS ATTENDING SUCH SCHOOL DISTRICT.  SUCH PUBLIC DATABASE  SHALL
 BE  MAINTAINED  REGULARLY  AND  UPDATED  UPON THE ACQUISITION OF ANY NEW
 S. 7766                             5
 
 INSTRUCTIONAL MATERIALS AND DISCONTINUATION OF USE OF ANY  INSTRUCTIONAL
 MATERIAL  BY  THE  SCHOOL  DISTRICT.  SUCH PUBLIC DATABASE ALSO SHALL BE
 SEARCHABLE BY SOURCE CITATION DATA.
   §  5.  Subdivision  (e)  of section 103 of the public officers law, as
 amended by chapter 481 of the laws  of  2021,  is  amended  to  read  as
 follows:
   (e)  1. Agency records available to the public pursuant to article six
 of this chapter, as well as any proposed resolution,  law,  rule,  regu-
 lation,  policy  or  any  amendment thereto, that is scheduled to be the
 subject of discussion by a public body during an open meeting  shall  be
 made  available,  upon  request  therefor,  to the extent practicable at
 least twenty-four hours prior to the meeting during  which  the  records
 will  be  discussed.  Copies of such records may be made available for a
 reasonable fee, determined in the same manner as  provided  therefor  in
 article  six of this chapter. If the agency in which a public body func-
 tions maintains a regularly and routinely updated website and utilizes a
 high speed internet connection, such records  shall  be  posted  on  the
 website  to  the  extent practicable at least twenty-four hours prior to
 the meeting. An agency may, but shall not be required to,  expend  addi-
 tional moneys to implement the provisions of this subdivision.
   2.  IF  A VOTE TO APPROVE OR DENY A RECOMMENDATION BY A REVIEW COMMIT-
 TEE, AS DEFINED IN SUBDIVISION FIVE OF SECTION SEVEN HUNDRED  THIRTY-ONE
 OF THE EDUCATION LAW, TO KEEP, REMOVE, OR RESTRICT ACCESS TO AN INSTRUC-
 TIONAL  MATERIAL, AS DEFINED BY SUBDIVISION ONE OF SECTION SEVEN HUNDRED
 THIRTY-ONE OF THE EDUCATION  LAW,  THAT  IS  THE  SUBJECT  OF  A  FORMAL
 COMPLAINT, AS DEFINED BY SUBDIVISION FOUR OF SECTION SEVEN HUNDRED THIR-
 TY-ONE  OF  THE  EDUCATION  LAW,  IS  SCHEDULED  TO  BE  THE  SUBJECT OF
 DISCUSSION BY A BOARD OF EDUCATION DURING AN OPEN  MEETING,  THE  SOURCE
 CITATION  OF  SUCH INSTRUCTIONAL MATERIAL AND THE FORMAL COMPLAINT, WITH
 IDENTIFYING INFORMATION OF  THE  COMPLAINANT  REDACTED,  SHALL  BE  MADE
 AVAILABLE  BY POSTING ON A REGULARLY AND ROUTINELY UPDATED WEBSITE MAIN-
 TAINED BY SUCH BOARD TO THE  EXTENT  PRACTICABLE  AT  LEAST  SEVENTY-TWO
 HOURS PRIOR TO THE MEETING DURING WHICH SUCH VOTE SHALL TAKE PLACE.
   §  6.  Section  751  of  the  education law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE COMMISSIONER, IN ADDITION TO THE ANNUAL APPORTIONMENT OF PUBLIC
 MONIES PURSUANT TO OTHER ARTICLES OF THIS CHAPTER, SHALL APPORTION  EACH
 SCHOOL DISTRICT AN AMOUNT EQUAL TO THE COST OF THE CREATION AND/OR MAIN-
 TENANCE  OF AN ONLINE INSTRUCTIONAL MATERIALS DATABASE REQUIRED PURSUANT
 TO SUBDIVISION NINE OF SECTION SEVEN HUNDRED ONE OF THIS CHAPTER.
   § 7. This act shall take effect immediately.

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Senate Bill S7766

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S7766 (ACTIVE) - Details

2023-S7766 (ACTIVE) - Summary

2023-S7766 (ACTIVE) - Sponsor Memo

2023-S7766 (ACTIVE) - Bill Text download pdf

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Senate Bill S7766

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Sponsored By

Dean Murray

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

George M. Borrello

Anthony H. Palumbo

Steven D. Rhoads

Alexis Weik

2023-S7766 (ACTIVE) - Details

2023-S7766 (ACTIVE) - Summary

2023-S7766 (ACTIVE) - Sponsor Memo

2023-S7766 (ACTIVE) - Bill Text download pdf

Comments