N.Y. Education Law § 701: Power to designate text-books; purchase and loan of text-books; purchase of supplies

§ 701. Power to designate text-books; purchase and loan of text-books;

purchase of supplies. 1. In the several cities and school districts of

the state, boards of education, trustees or such body or officer as

perform the functions of such boards, shall designate text-books to be

used in the schools under their charge.

2. A text-book, for the purposes of this section shall mean: (i) any

book, or a book substitute, which shall include hard covered or

paperback books, work books, or manuals and (ii) for expenses incurred

after July first, nineteen hundred ninety-nine, any courseware or other

content-based instructional materials in an electronic format, as such

terms are defined in the regulations of the commissioner, which a pupil

is required to use as a text, or a text-substitute, in a particular

class or program in the school he or she legally attends. For expenses

incurred on or after July first, two thousand eleven, a text-book shall

also mean items of expenditure that are eligible for an apportionment

pursuant to sections seven hundred eleven, seven hundred fifty-one

and/or seven hundred fifty-three of this title, where such items are

designated by the school district as eligible for aid pursuant to this

section, provided, however, that if aided pursuant to this section, such

expenses shall not be aidable pursuant to any other section of law.

Expenditures aided pursuant to this section shall not be eligible for

aid pursuant to any other section of law. Courseware or other

content-based instructional materials in an electronic format included

in the definition of textbook pursuant to this subdivision shall be

subject to the same limitations on content as apply to books or book

substitutes aided pursuant to this section.

3. In the several cities and school districts of the state, boards of

education, trustees or such body or officers as perform the function of

such boards shall have the power and duty to purchase and to loan upon

individual request, textbooks, to all children residing in such district

who are enrolled in a public school including children attending the

public schools of the district for whom the district is eligible to

receive reimbursement pursuant to paragraph a of subdivision eight of

section thirty-two hundred two of this chapter, provided, however, that

such children shall not be counted by any other school district, and to

all children residing in such district who are enrolled in a nonpublic

school. Textbooks loaned to children enrolled in said nonpublic schools

shall be textbooks which are designated for use in any public schools of

the state or are approved by any boards of education, trustees or other

school authorities. Such textbooks are to be loaned free to such

children subject to such rules and regulations as are or may be

prescribed by the board of regents and such boards of education,

trustees or other school authorities. Enrollment shall be as defined in

subdivision one of section thirty-six hundred two of this chapter.

4. No school district shall be required to purchase or otherwise

acquire textbooks, the cost of which shall exceed an amount equal to the

apportionment pursuant to subdivision six of this section plus a minimum

lottery grant determined pursuant to subdivision four of section

ninety-two-c of the state finance law multiplied by the number of

children residing in such district and so enrolled in the base year; and

no school district shall be required to loan textbooks in excess of the

textbooks owned or acquired by such district; provided, however that all

textbooks owned or acquired by such district shall be loaned to children

residing in the district and so enrolled in public and nonpublic schools

on an equitable basis.

5. In the several cities and school districts of the state, boards of

education, trustees or other school authorities may purchase supplies

and either rent, sell or loan the same to the pupils attending the

public schools in such cities and school districts upon such terms and

under such rules and regulations as may be prescribed by such boards of

education, trustees or other school authorities.

6. The commissioner, in addition to the annual apportionment of public

monies pursuant to other articles of this chapter, shall apportion to

each school district an amount equal to the cost of the textbooks

purchased and loaned by the district pursuant to this section in the

base year, but in no case shall the aid apportioned to the district

exceed the product of the textbook factor plus a minimum lottery grant,

determined pursuant to subdivision four of section ninety-two-c of the

state finance law, and the sum of the enrollments in grades kindergarten

through twelve in the base year calculated pursuant to subparagraphs

four, five, and six of paragraph n of subdivision one of section

thirty-six hundred two of this chapter. Aid payable pursuant to this

section shall be deemed final and not subject to change after April

thirtieth of the school year for which payment was due.

For aid payable in the two thousand seven--two thousand eight school

year and thereafter, the textbook factor shall equal forty-three dollars

and twenty-five cents.

7. The apportionment provided for in this section shall be paid, at

such times as may be determined by the commissioner and approved by the

director of the budget, during the school year in which the expenditures

are reported to the department prior to such apportionment. Expenditures

by a school district in excess of the product of the textbook factor

plus a minimum lottery grant determined pursuant to subdivision four of

section ninety-two-c of the state finance law and the sum of the

enrollments in grades kindergarten through twelve in the base year

calculated pursuant to subparagraphs four, five, and six of paragraph n

of subdivision one of section thirty-six hundred two of this chapter in

any school year shall be deemed approved operating expense of the

district for the purpose of computation of state aid pursuant to section

thirty-six hundred two of this chapter, but expenditures up to such

product shall not be deemed approved operating expenses for such

purpose.

8. In its discretion, a board of education may adopt regulations

specifying the date by which requests for the purchase and loan of

textbooks must be received by the district. Notice of such date shall be

given to all non-public schools. Such date shall not be earlier than the

first day of June of the school year prior to that for which such

textbooks are being requested, provided, however, that a parent or

guardian of a child not attending a particular non-public school prior

to June first of the school year may submit a written request for

textbooks within thirty days after such child is enrolled in such

non-public school. In no event however shall a request made later than

the times otherwise provided pursuant to this subdivision be denied

where a reasonable explanation is given for the delay in making the

request.