§ 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.