In recognition of its responsibility under state law and regulation, the Board will make available required public school materials, equipment, and services to resident students who attend nonpublic schools.
Textbook Loan
The Board is required to purchase and to loan, upon individual request, textbooks to all children residing in the District who are attending grades kindergarten through twelve in any public or nonpublic school which complies with the compulsory education law. The textbooks must be "loaned free" to the children, but Boards may make reasonable rules and regulations regarding such loan(s).
Therefore, the following rules and regulations govern the loan of textbooks to residents of the District attending nonpublic schools:
1. Requests for the loan of textbooks may be made by the parent/guardian or the nonpublic school, and must be made by June 1st prior to the school year for which the textbooks are requested or within 30 days of enrolling in the nonpublic school.
2. The textbooks will remain the property of the District.
3. The textbooks will be returned at the end of the nonpublic school year unless the District otherwise agrees in writing.
4. If lost or destroyed, the textbooks will be paid for in the same fashion as the students attending District schools.
5. Textbooks must be nonsectarian and may not carry the endorsement of a religious authority.
Instructional Computer Hardware and Software Loan
The Board is required to loan instructional computer hardware and software, upon request, to all students legally attending nonpublic elementary or secondary schools located in the District. The District will loan instructional computer hardware and software on an equitable basis; however, software and hardware purchased with any local, federal, or state funds, other than Instructional Computer Hardware or Software Aid funds, are not required to be loaned to nonpublic school students.
In addition, the District will only purchase and loan software programs that do not contain material of a religious nature.
Library Materials
Library materials owned or acquired by the District are required to be made available on an equitable basis to children attending kindergarten through grade twelve in nonpublic schools located within the District, where the materials are required for use as a learning aid in a particular class or program, and loaned for individual student use only, upon the request of a student or groups of students, or by the administrator of the nonpublic school. Parents/guardians must guarantee the return of the materials, and must pay for the value of any loss or damages.
Dual Enrollment
Dual enrollment services will be provided to students enrolled in nonpublic schools located within the District in accordance with Section 3602-c of the Education Law.
Health and Welfare Services
Upon request of a nonpublic school located within the District, the District is required to provide health and welfare services to the nonpublic school students equivalent to those available to resident students attending the District’s schools. For resident children attending nonpublic schools outside of the District, the District will contract with the school district where the nonpublic school is located to provide such services.
Cross-Ref: 1741, Home Schooled Students
4321.10, Programs and Services for Parentally-Placed Nonpublic School Students with Disabilities
8413, Transportation to Nonpublic School Students
Ref: Education Law §§701; 751-754; 912; 1709; 3204; 3602-c
8 NYCRR §175.25; 21.3; 21.4;
Mitchell v. Helms, 530 U.S. 793 (2000)
Russman v. Sobol, 85 F.3d 1050 (2d Cir. 1996)
Zobrest v. Catalina Foothills Sch. Dist., 509 U.S. 1 (1993)
Aguilar v. Felton, 473 U.S. 402 (1985)
Board of Educ. v. Allen, 392 U.S. 236 (1968)
Formal Opinion of Counsel No. 181, 5 EDR 258 (1966)
Appeal of Bevda, 58 EDR, Dec. No. 17,540 (2018)
Appeal of McLoughlin and Wood, 55 EDR, Dec. No. 16,886 (2016)
Appeal of Hoerter, 48 EDR 373 (2009)
Appeal of Bruning, 48 EDR 84 (2008)
Adoption date: December 1, 1995
Amended date: December 21, 2009
Adoption date: November 23, 2015
Amended date: October 30, 2017
Amended date: October 23, 2023