§ 755. Loan of smart schools classroom technology. 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, smart schools classroom technology acquired pursuant to subdivision sixteen of section thirty-six hundred forty-one of this chapter which is designated for use in any public elementary or secondary schools of the state or is approved by any school authorities. Such smart schools classroom technology made available to nonpublic students shall be limited to that allowable under both paragraph seven of subdivision sixteen of section thirty-six hundred forty-one of this chapter and section seven hundred fifty-four of this article. Such smart schools classroom technology is to be loaned free to such children, commencing with the two thousand fourteen–two thousand fifteen school year, subject to such rules and regulations as are or may be prescribed by the board of regents and such school authorities.

Terms Used In N.Y. Education Law 755

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

2. No school district shall be required to loan smart schools classroom technology in excess of the smart schools classroom technology acquired by such district pursuant to subdivision sixteen of section thirty-six hundred forty-one of this chapter. Such smart schools classroom technology 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, classroom technology purchased with local or federal funds or with state funds other than funds apportioned pursuant to subdivision sixteen of section three hundred sixty-four of this chapter, and provided further that no school district may loan smart schools classroom technology in an aggregate amount greater than two hundred fifty dollars multiplied by the nonpublic school enrollment in the base year, at time of enactment, as defined in subparagraph three of paragraph n of subdivision one of section thirty-six hundred two of this chapter. 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 smart schools classroom technology must be received by the district. Notice of such date shall be given to all non-public schools in the school district. For the two thousand fourteen–two thousand fifteen school year, such date shall not be earlier than the first day of January of such school year, and for the two thousand fifteen–two thousand sixteen school year and thereafter, such date shall not be earlier than the first day of June of the school year prior to that for which such smart schools classroom technology is being requested, provided, however, that a parent or guardian of a child not attending a particular non-public school prior to January first or June first of the school year, as applicable, may submit a written request for smart schools classroom technology 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.