Section 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. Expenditures
  aided pursuant to this section shall not be eligible for aid pursuant to
  section seven hundred eleven or seven hundred fifty-one of this chapter.
  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.