§ 701. Power to designate text-books; purchase and loan of text-books;\npurchase of supplies. 1. In the several cities and school districts of\nthe state, boards of education, trustees or such body or officer as\nperform the functions of such boards, shall designate text-books to be\nused in the schools under their charge.\n 2. A text-book, for the purposes of this section shall mean:
(i)any\nbook, or a book substitute, which shall include hard covered or\npaperback books, work books, or manuals and (ii) for expenses incurred\nafter July first, nineteen hundred ninety-nine, any courseware or other\ncontent-based instructional materials in an electronic format, as such\nterms are defined in the regulations of the commissioner, which a pupil\nis required to use as a text, or a text-subst
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§ 701. Power to designate text-books; purchase and loan of text-books;\npurchase of supplies. 1. In the several cities and school districts of\nthe state, boards of education, trustees or such body or officer as\nperform the functions of such boards, shall designate text-books to be\nused in the schools under their charge.\n 2. A text-book, for the purposes of this section shall mean: (i) any\nbook, or a book substitute, which shall include hard covered or\npaperback books, work books, or manuals and (ii) for expenses incurred\nafter July first, nineteen hundred ninety-nine, any courseware or other\ncontent-based instructional materials in an electronic format, as such\nterms are defined in the regulations of the commissioner, which a pupil\nis required to use as a text, or a text-substitute, in a particular\nclass or program in the school he or she legally attends. For expenses\nincurred on or after July first, two thousand eleven, a text-book shall\nalso mean items of expenditure that are eligible for an apportionment\npursuant to sections seven hundred eleven, seven hundred fifty-one\nand/or seven hundred fifty-three of this title, where such items are\ndesignated by the school district as eligible for aid pursuant to this\nsection, provided, however, that if aided pursuant to this section, such\nexpenses shall not be aidable pursuant to any other section of law.\nExpenditures aided pursuant to this section shall not be eligible for\naid pursuant to any other section of law. Courseware or other\ncontent-based instructional materials in an electronic format included\nin the definition of textbook pursuant to this subdivision shall be\nsubject to the same limitations on content as apply to books or book\nsubstitutes aided pursuant to this section.\n 3. In the several cities and school districts of the state, boards of\neducation, trustees or such body or officers as perform the function of\nsuch boards shall have the power and duty to purchase and to loan upon\nindividual request, textbooks, to all children residing in such district\nwho are enrolled in a public school including children attending the\npublic schools of the district for whom the district is eligible to\nreceive reimbursement pursuant to paragraph a of subdivision eight of\nsection thirty-two hundred two of this chapter, provided, however, that\nsuch children shall not be counted by any other school district, and to\nall children residing in such district who are enrolled in a nonpublic\nschool. Textbooks loaned to children enrolled in said nonpublic schools\nshall be textbooks which are designated for use in any public schools of\nthe state or are approved by any boards of education, trustees or other\nschool authorities. Such textbooks are to be loaned free to such\nchildren subject to such rules and regulations as are or may be\nprescribed by the board of regents and such boards of education,\ntrustees or other school authorities. Enrollment shall be as defined in\nsubdivision one of section thirty-six hundred two of this chapter.\n 4. No school district shall be required to purchase or otherwise\nacquire textbooks, the cost of which shall exceed an amount equal to the\napportionment pursuant to subdivision six of this section plus a minimum\nlottery grant determined pursuant to subdivision four of section\nninety-two-c of the state finance law multiplied by the number of\nchildren residing in such district and so enrolled in the base year; and\nno school district shall be required to loan textbooks in excess of the\ntextbooks owned or acquired by such district; provided, however that all\ntextbooks owned or acquired by such district shall be loaned to children\nresiding in the district and so enrolled in public and nonpublic schools\non an equitable basis.\n 5. In the several cities and school districts of the state, boards of\neducation, trustees or other school authorities may purchase supplies\nand either rent, sell or loan the same to the pupils attending the\npublic schools in such cities and school districts upon such terms and\nunder such rules and regulations as may be prescribed by such boards of\neducation, trustees or other school authorities.\n 6. The commissioner, in addition to the annual apportionment of public\nmonies pursuant to other articles of this chapter, shall apportion to\neach school district an amount equal to the cost of the textbooks\npurchased and loaned by the district pursuant to this section in the\nbase year, but in no case shall the aid apportioned to the district\nexceed the product of the textbook factor plus a minimum lottery grant,\ndetermined pursuant to subdivision four of section ninety-two-c of the\nstate finance law, and the sum of the enrollments in grades kindergarten\nthrough twelve in the base year calculated pursuant to subparagraphs\nfour, five, and six of paragraph n of subdivision one of section\nthirty-six hundred two of this chapter. Aid payable pursuant to this\nsection shall be deemed final and not subject to change after April\nthirtieth of the school year for which payment was due.\n For aid payable in the two thousand seven--two thousand eight school\nyear and thereafter, the textbook factor shall equal forty-three dollars\nand twenty-five cents.\n 7. The apportionment provided for in this section shall be paid, at\nsuch times as may be determined by the commissioner and approved by the\ndirector of the budget, during the school year in which the expenditures\nare reported to the department prior to such apportionment. Expenditures\nby a school district in excess of the product of the textbook factor\nplus a minimum lottery grant determined pursuant to subdivision four of\nsection ninety-two-c of the state finance law and the sum of the\nenrollments in grades kindergarten through twelve in the base year\ncalculated pursuant to subparagraphs four, five, and six of paragraph n\nof subdivision one of section thirty-six hundred two of this chapter in\nany school year shall be deemed approved operating expense of the\ndistrict for the purpose of computation of state aid pursuant to section\nthirty-six hundred two of this chapter, but expenditures up to such\nproduct shall not be deemed approved operating expenses for such\npurpose.\n 8. In its discretion, a board of education may adopt regulations\nspecifying the date by which requests for the purchase and loan of\ntextbooks must be received by the district. Notice of such date shall be\ngiven to all non-public schools. Such date shall not be earlier than the\nfirst day of June of the school year prior to that for which such\ntextbooks are being requested, provided, however, that a parent or\nguardian of a child not attending a particular non-public school prior\nto June first of the school year may submit a written request for\ntextbooks within thirty days after such child is enrolled in such\nnon-public school. In no event however shall a request made later than\nthe times otherwise provided pursuant to this subdivision be denied\nwhere a reasonable explanation is given for the delay in making the\nrequest.\n