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Lease-Purchase Application Form

APPLICATION FOR APPROVAL OF LEASE-PURCHASE AGREEMENTS FOR INSTRUCTIONAL EQUIPMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1725-a OF THE EDUCATION LAW AND SECTION 170.7 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION IS  AVAILABLE ON THE NYSED BUSINESS PORTAL @ https://portal.nysed.gov/abp/

CHAPTER II COMMISSIONER'S REGULATIONS 170.7

170.7 Lease-purchase of instructional equipment.

(a) The board of education of any school district may enter into agreements for the lease-purchase of instructional equipment, in accordance with section 1725-a of the Education Law and this section, with the payments to be applied against the purchase price of the equipment.

(b) All such lease-purchase agreements shall be subject to written approval of the commissioner before execution. Applications for approval of lease-purchase agreements shall be in the form prescribed by the commissioner and shall be submitted no more than 90 days and no less than 30 days prior to the date of execution of the agreement. A variance may be granted from the time limitations for submission of such applications upon a showing of good cause satisfactory to the commissioner.

(c) As used in Education Law, section 1725-a, and this section, instructional equipment means instruments, machines, apparatus or other types of equipment, which are used directly in the instruction of students and which:

(1) are not consumed in use and retain their original shape and appearance with use;

(2) are not expendable items such as textbooks or supplies;

(3) are not capital improvements, as such term is defined to subdivision 9 of section 2 of the Local Finance Law; and

(4) do not lose their identity through incorporation into a different or more complex unit.

Last Updated: February 14, 2019