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Welcome Activists!

Welcome Activists!. NYS Textbook Loan Law Knowledge + Action = Justice Richard W. Caunitz Mary C. Spanos Spring 2003. Agenda. Knowledge History of NYS Textbook Loan Law Pertinent Details / Process. Action

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Welcome Activists!

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  1. Welcome Activists! NYS Textbook Loan Law Knowledge + Action = JusticeRichard W. CaunitzMary C. SpanosSpring 2003

  2. Agenda • Knowledge • History of NYS Textbook Loan Law • Pertinent Details / Process • Action • Non Public School Administrator • Catholic School Network / Parents Public School Superintendent

  3. Knowledge 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)

  4. Knowledge • Correct textbook loan process - • Public school sends letter to nonpublic school requesting textbook NEEDS for next school year. • Nonpublic school sends listing of textbookNEEDS to public school. • Nonpublic school receives free loaned textbooks for new school year.

  5. Knowledge Textbook 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 Pupils attending Non-Public Schools, Question 16.

  6. Action Required • Who do you contact to assist you in obtaining all textbook needs for the nonpublic school? • What do you do when student textbookneeds are denied by the public school? • How do you work with your non public school to obtain all textbook needs from the public school?

  7. Nonpublic School Action Plan NONPS receives one of the following letters: • PS textbook loan letter requesting NONPSsubmit textbook needs for each pupil (Correct) • PS textbook loan letter advising NONPS to submit fixed $$ amount of textbooks for each pupil. (Incorrect) (Example A)

  8. Nonpublic School Action Plan • See Example A • Incorrect letter from public school • in hard copy handouts

  9. Nonpublic School Action Plan What should NONPS do when fixed $$$? NONPS submits items 1 and 2 to the PS 1. Textbook loan needs order form 2. Letter to PS requesting 701 complianceCopies to PS Board, elected officials, CSN, others, (Example B)

  10. Nonpublic School Action Plan • See Example B • nonpublic school letter to public school in hardcopy handouts

  11. 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)

  12. CSN and Parent Action CSN Rep reviews / starts “Appeal” (Section 310) • 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

  13. 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?

  14. NYS Apportionment $57.30 per pupilNot to be used as amount for NONPS textbooks Public School Budget$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 Salaries, Utilities, Equipment, other

  15. Overview of what PS should doSource: Handbook of Services to Pupils Attending NONPS 18. Is it equitable treatment for all pupils to receive the same number of books? 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.

  16. 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? 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. Overview of what PS should doSource: Handbook of Services to Pupils Attending NONPS 19. Is it equitable treatment for all pupils to be allowed the same amount of money for textbooks? No. Equitable treatment is not related to equal dollars. Books are to be loaned on the basis of individual pupil need.

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

  19. Knowledge + Action = Justice • You must be able to explain Section 701 Law • Handbook of Services to Pupils Attending Nonpublic Schools - NY State Ed Dept web site • www.ParentsForFairness.org web site

  20. Knowledge + Action = Justice 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 intervene Appeal process must be used when appropriate

  21. Resources Hot Line Support • Rich Caunitz - richc@prodigy.net Evenings (845) 623-1927 • Mary Spanos - mcspanos@msn.comHome (845) 496-1895 • NYS Ed. Department – Office of NPS SchoolsTom Hogan (518) 474-3879 thogan@mail.nysed.gov

  22. Elected Officials Elected officials contact info and nonpublic schools at www.parentsforfairness.org

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

  24. Knowledge + Action = Justice Questions ?

  25. Thank you!

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