N.Y. Comp. Codes R. & Regs. tit. 8 § 21.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 21.2 - Lending procedures

(a) Resident pupils, except those enrolled in residential schools located outside the State of New York, in grades kindergarten through 12, may borrow textbooks, including courseware or other content-based instructional materials in electronic format, that are designated for use in any public elementary or secondary school in the State or approved by any school board, provided that for the purposes of this section and section 701 of the Education Law, courseware or other content-based instructional materials in electronic format shall mean any instructional medium that provides specific nonsectarian educational content to students via a computer or other electronic system, and provided further that such textbooks, courseware, or other content-based instructional materials in electronic format must be required in a particular class or program as a primary source of study material intended to implement a major part of a State curriculum or State-approved local curriculum. The following materials shall not be considered to constitute textbooks for the purposes of this section:

(1) encyclopedias, almanacs, atlases, and general and special purpose dictionaries, except that dictionaries individually assigned to all students in a particular class or program as a textbook substitute shall be considered to constitute textbooks;

(2) supplementary textbooks, novels and other fiction, magazines, newspapers and audio- visual materials normally housed in the school library or instructional materials center for short-term use by students, except that a newspaper or news magazine shall be considered to constitute a textbook for the purposes of this section where the newspaper or news magazine is a paper or magazine of general circulation which is printed and distributed ordinarily not less frequently than biweekly, and has been so for at least one year, and which contains news, articles of opinion, features and other matter regarded as of current interest, has a paid circulation within the school district which proposes to purchase copies pursuant to this section, has been entered with the United States Postal Service as second-class matter, is made available to schools on the date of publication of each edition at a discount of not less than 331/3 percent from the regular price, and whose publisher regularly supplies study guides without charge to assist teachers in developing lessons based upon the newspaper;

(3) tests and testing materials, teacher's editions of textbooks, review books, and materials in kit form;

(4) sectarian publications and denominational editions which contain the approval of a religious authority;

(5) computer software that is generic in function, including, but not limited to, word- processing software, database software, and internet and network access software; and

(6) computer hardware including, but not limited to, mini-computers; microcomputers; peripheral devices, such as printers, video display plotters and desk storage units; telecommunications hardware; modems; special hardware boards; cables; and audio, video, touch-sensitive and other electronic to human machine interface hardware.

(b) Textbooks shall be loaned upon the individual written request of nonpublic school students, but such requests shall not be required of public school students. Such requests may be presented directly to the lending district or, with the consent of the lending district, to an appropriate official of the nonpublic school which the student attends. The form of request utilized by a lending district may provide for a guarantee by a parent or guardian for the return of such books or, in the case of loss or damage, for payment of the value thereof.

(c) Textbooks acquired by a school district for lending purposes shall be distributed on an equitable basis to all eligible school children in grades kindergarten through 12.

(d) All textbooks shall remain the property of the lending district and shall bear an identifying mark, number or stamp on the inside front cover or on the spine.

(e) All textbooks shall be returned to the official designated by the lending district as the custodian thereof upon the request of such official. A lending district may agree that such books may be stored upon the property of a nonpublic school, in which event the lending district shall furnish the nonpublic school with an inventory of the books loaned to the individual students attending such school and the nonpublic school authorities shall advise the lending district of any books which have not been returned, with the name and last known address of the borrower.

(f) Each district may include in its report of expenditures the purchase price of the textbooks purchased, including the cost of freight or postage for transporting such books from the vendor to the district. Expenditures relating to distribution, storage, recordkeeping and administration may not be included for textbook aid purposes, but may be included for regular operating aid purposes.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 21.2