§ 752. Loan of computer software. 1. 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 loan upon request of an individual or a group of individual pupils, to all pupils defined in subdivision three of section seven hundred fifty-one of this article, software programs. Software programs loaned to such pupils attending private schools shall be software programs which are designated for use in any public elementary or secondary schools of the state or are approved by any board of education, trustees or other school authorities. Such software programs 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.

2. No school district shall be required to loan software programs in excess of the software programs owned or acquired by such district pursuant to section seven hundred fifty-one of this article. Such software programs shall be loaned on an equitable basis to children defined in subdivision three of section seven hundred fifty-one of this article attending in the current year. 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.