BILL NUMBER: S4680
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:
S7766 - Referred to the Education Committee
 
FISCAL IMPLICATIONS:
Minimal. Since databases of such instructional materials already exist
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.

Statutes affected:
S4680: 1501-b education law, 701 education law, 103 public officers law, 751 education law