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Welcome Activists! Welcome Activists!

NYS Textbook Loan LawNYS Textbook Loan Law Knowledge +Knowledge + Action =Action = JusticeJustice

Richard W. CaunitzRichard W. CaunitzMary C. SpanosMary C. SpanosSpring 2003Spring 2003

NYS Textbook Loan LawNYS Textbook Loan Law Knowledge +Knowledge + Action =Action = JusticeJustice

Richard W. CaunitzRichard W. CaunitzMary C. SpanosMary C. SpanosSpring 2003Spring 2003

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AgendaAgenda Knowledge

History of NYS Textbook Loan Law Pertinent Details / Process

Knowledge History of NYS Textbook Loan Law Pertinent Details / Process

Action Non Public School Administrator

Catholic School Network / Parents

Public School Superintendent

Action Non Public School Administrator

Catholic School Network / Parents

Public School Superintendent

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KnowledgeKnowledge History - NYS Education Law (Section 701)

1965 and prior years. Public school pupils purchased or rented text books

1965 - Legislature amends 701. Public schools must provide free loaned textbooks to both public

and nonpublic schools

1968 - U.S. Supreme Court affirms 1965 amended 701

(Board of Education v. Allen, 392 U.S. 236 (1968)) (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=392&invol=236)http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=392&invol=236)

History - NYS Education Law (Section 701)

1965 and prior years. Public school pupils purchased or rented text books

1965 - Legislature amends 701. Public schools must provide free loaned textbooks to both public

and nonpublic schools

1968 - U.S. Supreme Court affirms 1965 amended 701

(Board of Education v. Allen, 392 U.S. 236 (1968)) (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=392&invol=236)http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=392&invol=236)

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KnowledgeKnowledge

Correct textbook loan process -

• Public school sends letter to nonpublic school requesting textbook NEEDS for next school year.

• Nonpublic school sends listing of textbook NEEDS to public school.

• Nonpublic school receives free loaned textbooks for new school year.

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KnowledgeKnowledgeTextbook loan law - details

“Public school districts must provide textbooks to non-public and public school pupils on an equitable basis. Textbooks must be loaned on the basis of individual pupil need.

The State formula for apportioning textbook funds cannot be applied to the distribution of textbooks within a district”

Source: NYS Education Department, Handbook on Services to Source: NYS Education Department, Handbook on Services to Pupils attending Non-Public Schools, Question 16.Pupils attending Non-Public Schools, Question 16.

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Action RequiredAction Required

Who do you contact to assist you in obtaining all textbook needs for the nonpublic school?

Who do you contact to assist you in obtaining all textbook needs for the nonpublic school?

• What do you do when student textbook needs are denied by the public school?

• How do you work with your non public school to obtain all textbook needs from the public school?

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Nonpublic School Action Plan Nonpublic School Action Plan

NONPS receives one of the following letters:

• PS textbook loan letter requesting NONPS submit textbook needs for each pupil (Correct)

• PS textbook loan letter advising NONPS to submit fixed $$ amount of textbooks for each pupil. (Incorrect) (Example A)

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Nonpublic School Action Plan Nonpublic School Action Plan

See Example A Incorrect letter

from public school in hard copy handouts

See Example A Incorrect letter

from public school in hard copy handouts

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Nonpublic School Action Plan Nonpublic School Action Plan

2. Letter to PS requesting 701 complianceCopies to PS Board, elected officials, CSN, others, (Example B)

2. Letter to PS requesting 701 complianceCopies to PS Board, elected officials, CSN, others, (Example B)

What should NONPS do when fixed $$$?

NONPS submits items 1 and 2 to the PS

1. Textbook loan needs order form

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Nonpublic School Action Plan Nonpublic School Action Plan

See Example B nonpublic school letter

to public school in hardcopy handouts

See Example B nonpublic school letter

to public school in hardcopy handouts

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CSN and Parent Action CSN and Parent Action

How does CSN Representative assist NONPS?

• CSN Rep requests from PS a copy of textbook loan order letter that will be sent to the NONPS (Example A)

• CSN Rep receives the letter that the NONPS sends to the PS with the textbook loan order (Example B)

• CSN Rep calls the PS Superintendent and others and distributes the NONPS letter to parents for calls (Example B)

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CSN and Parent Action CSN and Parent Action

• Submitted to Comm. of Education, Richard Mills• No attorney required, easy-to-complete instructions• Must be filed within 30 days of denial of textbook needs• Sample completed form available to copy

• Complete information and instructions at:

http://www.counsel.nysed.gov/home.html#Appeals

CSN Rep reviews / starts “Appeal” (Section 310)

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Public School Dilemma Public School Dilemma

What must the public school do if it does not have the $$$ to fund the textbook needs of the public and non public school pupils?

What must the public school do if it does not have the $$$ to fund the textbook needs of the public and non public school pupils?

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NYS Apportionment $57.30 per pupil Not to be used as amount for NONPS textbooks

NYS Apportionment $57.30 per pupil Not to be used as amount for NONPS textbooks

Public School Budget $ Funding of PS Budget Your Real Estate Taxes New York State Funding* * NYS allocated apportionment of $57.30 per PS and NONPS pupil in PS district is to assist. It is

not to be used as the amount to be provided to NONPS pupils

See Questions #13 through #22 as to what PS must do if there are

Textbooks $ = small portion not enough $$$ to provide textbooks for all pupils in both PS and NONPS

Public School Budget $ Funding of PS Budget Your Real Estate Taxes New York State Funding* * NYS allocated apportionment of $57.30 per PS and NONPS pupil in PS district is to assist. It is

not to be used as the amount to be provided to NONPS pupils

See Questions #13 through #22 as to what PS must do if there are

Textbooks $ = small portion not enough $$$ to provide textbooks for all pupils in both PS and NONPS

Salaries, Utilities,

Equipment, other

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Overview of what PS should doSource: Handbook of Services to Pupils Attending NONPS

Overview of what PS should doSource: Handbook of Services to Pupils Attending NONPS

Probably not. Pupils’ needs vary greatly depending upon grade level, school attended, or course of study. Books should be loaned on the basis of individual need.

Probably not. Pupils’ needs vary greatly depending upon grade level, school attended, or course of study. Books should be loaned on the basis of individual need.

18. Is it equitable treatment for all pupils to receive the same number of books?

The board of education must decide how it will distribute equitably the books which it owns and the books which can be purchased from textbook funds. This will mean that some pupils may not receive all needed books. The board must decide which books it will not purchase. Any decision the board makes must apply equitably to pupils in both public and nonpublic schools and should involve nonpublic school officials in the decision-making. The board cannot require only pupils attending nonpublic schools to purchase textbooks.

The board of education must decide how it will distribute equitably the books which it owns and the books which can be purchased from textbook funds. This will mean that some pupils may not receive all needed books. The board must decide which books it will not purchase. Any decision the board makes must apply equitably to pupils in both public and nonpublic schools and should involve nonpublic school officials in the decision-making. The board cannot require only pupils attending nonpublic schools to purchase textbooks.

17. What must a board of education do if it does not have the resources needed to fulfill the textbook needs of all resident pupils?

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Overview of what PS should doSource: Handbook of Services to Pupils Attending NONPS

Overview of what PS should doSource: Handbook of Services to Pupils Attending NONPS

No. Equitable treatment is not related to equal dollars. Books are to be loaned on the basis of individual pupil need.

No. Equitable treatment is not related to equal dollars. Books are to be loaned on the basis of individual pupil need.

19. Is it equitable treatment for all pupils to be allowed the same amount of money for textbooks?

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Overview of what PS should doSource: Handbook of Services to Pupils Attending NONPS

Overview of what PS should doSource: Handbook of Services to Pupils Attending NONPS

20.What is an example of equitable treatment when the board does not have the necessary resources to fulfill all requests?

20.What is an example of equitable treatment when the board does not have the necessary resources to fulfill all requests?

An example of equitable treatment is that a board might decide not to provide consumable workbooks in certain subject areas or to pupils in certain grade levels. For example, it might not provide reading workbooks to pupils enrolled in grades three and four in both public and nonpublic schools. Any such decision should be discussed with nonpublic school administrators, who are urged to be sensitive to the budgetary constraints in the school district.

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Knowledge + Action = JusticeKnowledge + Action = Justice

You must be able to explain Section 701 Law You must be able to explain Section 701 Law

Handbook of Services to Pupils AttendingHandbook of Services to Pupils Attending

Nonpublic Schools - NY State Ed Dept Nonpublic Schools - NY State Ed Dept

web site web site

www.ParentsForFairness.org web sitewww.ParentsForFairness.org web site

Handbook of Services to Pupils AttendingHandbook of Services to Pupils Attending

Nonpublic Schools - NY State Ed Dept Nonpublic Schools - NY State Ed Dept

web site web site

www.ParentsForFairness.org web sitewww.ParentsForFairness.org web site

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Knowledge + Action = JusticeKnowledge + Action = Justice

Nonpublic school principals, administrators,

CSN and parents must be polite and assertive in requesting their rights

Nonpublic school principals, administrators,

CSN and parents must be polite and assertive in requesting their rights

Elected officials and NYS Education Commissioner must be requested to interveneElected officials and NYS Education Commissioner must be requested to intervene

Appeal process must be used when appropriateAppeal process must be used when appropriate

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ResourcesResources Hot Line Support

Rich Caunitz - richc@prodigy.net

Evenings (845) 623-1927

Mary Spanos - mcspanos@msn.com

Home (845) 496-1895Home (845) 496-1895

NYS Ed. Department – Office of NPS SchoolsNYS Ed. Department – Office of NPS Schools

Tom Hogan (518) 474-3879 Tom Hogan (518) 474-3879

thoganthogan@mail.@mail.nysednysed..govgov

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Elected OfficialsElected Officials

Elected officials contact info

and nonpublic schools at

www.parentsforfairness.org

Elected officials contact info

and nonpublic schools at

www.parentsforfairness.org

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Conclusion Conclusion Your knowledge, action, commitment and perseverance will determine your success for your children’s sake.

Your knowledge, action, commitment and perseverance will determine your success for your children’s sake.

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Knowledge + Action = Justice Knowledge + Action = Justice

Questions ?

Questions ?

Thank you!