§ 754. Loan of instructional computer hardware. 1. In the several cities and school districts of the state, school authorities, as defined in subdivision twelve of section two of this chapter, shall have the power and duty, to the extent provided in this section, to loan, upon request of an individual or a group of individual pupils, to all pupils legally attending nonpublic elementary or secondary schools located in the school district, instructional computer hardware which is designated for use in any public elementary or secondary schools of the state or is approved by any school authorities. Such instructional computer hardware is to be loaned free to such children, commencing with the two thousand seven–two thousand eight school year, subject to such rules and regulations as are or may be prescribed by the board of regents and such school authorities.

2. No school district shall be required to loan instructional computer hardware in excess of the instructional computer hardware acquired by such district pursuant to section seven hundred fifty-three of this article. Such instructional computer hardware shall be loaned on an equitable basis to children attending nonpublic schools in the district in the current year, provided that nothing in this article shall be construed to require a school district to loan to children attending nonpublic schools, pursuant to this section, instructional computer hardware purchased with local or federal funds or with state funds other than funds apportioned pursuant to this article. The payment of tuition under article eighty-nine of this chapter is deemed to be an equitable loan to children for whom such tuition is paid, and the provisions of this section shall not apply.

3. School authorities shall adopt regulations specifying the date by which requests for the purchase and loan of instructional computer hardware must be received by the district. Notice of such date shall be given to all non-public schools in the school district. Such date shall not be earlier than the first day of June of the school year prior to that for which such instructional computer hardware is 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 instructional computer hardware 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.