NY Educ L § 701 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 15 - Text-Books 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.