average daily attendance for each such attendance period; (6) select the four of the eight, or five of the ten, such attendance periods having the highest weighted average daily attendance; (7) compute the average of the weighted average daily attendance for such four or five attendance periods, which shall constitute the weighted average daily attendance for the school year; provided, that the weighted average daily attendance for any attendance reporting period during which all days have been affected by a strike or other work stoppage or slowdown, as determined by the commissioner, shall be computed in an equitable manner established by the commissioner.

§ 11. Notwithstanding any other provision of law and pursuant to the provisions of section 11.00 of the local finance law, the employer's share of the cost of current health and dental insurance coverage and payments made to a board of cooperative educational services for payment to the dormitory authority for the cost of acquiring and constructing a school facility by any school district which is coterminous with or partly within or wholly within, a city having less than one hundred twenty-five thousand inhabitants according to the latest federal census, shall have a period of probable usefulness of three years and the taxes required to meet the cost of such coverage and contributions, shall be excluded from the tax limitations prescribed by section ten of article eight of the constitution. The provisions of this section shall apply for the period beginning July first, nineteen hundred seventy-three and ending June thirtieth, nineteen hundred seventy-six.

§ 12. Notwithstanding the provisions of paragraph b of subdivision five of section thirty-six hundred two of the education law and sections seven and eight of this act, the apportionment for operating expense aid for the school year commencing July first, nineteen hundred seventy-three and ending June thirtieth, nineteen hundred seventy-four shall be not less than the amount due and payable for the nineteen hundred seventy-two-seventy-three school year, exclusive of supplemental claims for prior years and growth aid, pursuant to the provisions of paragraph b of subdivision. five of section thirty-six hundred two and sections six, seven, eight or fourteen of chapter five hundred fifty-three of the laws of nineteen hundred seventy-two.

§ 13. Notwithstanding any provision of law to the contrary any school district which received an apportionment pursuant to the provisions of subdivision thirteen of section thirty-six hundred two during the nineteen hundred seventy-two-seventy-three school year shall receive during the nineteen hundred seventy-three-seventyfour school year an amount equal to such apportionment in addition to any other apportionment due and payable under the provisions of the education law or this act.

§ 14. For the school year commencing July first, nineteen hundred seventy-three and ending June thirtieth, nineteen hundred *So in original.

seventy-four, in addition to any other apportionment due and payable under the provisions of the education law or this act, a school district shall be entitled to receive two and one-half per centum of the higher of:

1. The amount due and payable pursuant to the provisions of paragraph b of subdivision five of section thirty-six hundred two and sections seven and eight of this act exclusive of any size correction aid and growth aid; or

2. The amount due and payable pursuant to section twelve of this act exclusive of any size correction aid.

§ 15. Notwithstanding the provisions of subdivision one of section thirty-six hundred nine of the education law, the schedule of payments of money to be apportioned by the commissioner of education to school districts and boards of cooperative educational services during the school year commencing July first, nineteen hundred seventy-three, shall be as follows: an estimated eight and one-third per centum of the money shall be payable on or before the fifteenth day of each of the months of September, October and November, an estimated two per centum on or before the fifteenth day of January, an estimated twenty-three per centum on or before the fifteenth day of April and an estimated twenty-five per centum on or before the fifteenth day of each of the months of May and June.

§ 16. Section seven hundred one of the education law, as last amended by chapter seven hundred ninety-five of the laws of nineteen hundred sixty-six, is hereby amended to read as follows:

§ 701. Power to designate text-books; purchase and loan of textbooks; purchase of supplies. 1. In the several cities and school districts of the state, boards of education, trustees or such body or officer as perform the functions of such boards, shall designate textbooks to be used in the schools under their charge.

2. A text-book, for the purposes of this section shall mean a book which a pupil is required to use as a text for a semester or more in a particular class in the school he legally attends.

3. 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 purchase and to loan upon individual request, to all children residing in such district who are enrolled in grades [seven] kindergarten to twelve of a public or private school which complies with the compulsory education law, textbooks. Textbooks loaned to children enrolled in grades [seven] kindergarten to twelve of said private schools shall be textbooks which are designated for use in any public, elementary or secondary schools of the state or are approved by any boards of education, trustees or other school authorities. Such textbooks 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.

4. No school district shall, during the school year nineteen hundred sixty-six-sixty-seven, the school year nineteen hundred sixty-seven-sixty-eight or the school year nineteen hundred sixtyeight-sixty-nine be required to purchase or otherwise acquire textbooks, pursuant to this section, the cost of which shall exceed an amount equal to fifteen dollars multiplied by the number of children residing in such district who on the first day of October, of such school year are enrolled in grades seven through twelve of a public or private school which complies with the compulsory education law, or in any subsequent school year] be required to purchase or otherwise acquire textbooks, the cost of which shall exceed an amount equal to ten dollars multiplied by the number of children residing in such district and so enrolled on the first day of October of [such subsequent] any school year; and no school district shall be required to loan textbooks in excess of the textbooks owned or acquired by such district; provided, however that all textbooks owned or acquired by such district shall be loaned to children residing in the district and so enrolled in grades [seven] kindergarten through twelve in public and private schools on an equitable basis.

5. In the several cities and school districts of the state, boards of education, trustees or other school authorities may purchase supplies and either rent, sell or loan the same to the pupils attending the public schools in such cities and school districts upon such terms and under such rules and regulations as may be prescribed by such boards of education, trustees or other school authorities.

6. The commissioner of education, in addition to the annual apportionment of public monies pursuant to article seventy-three of this chapter, shall apportion to each school district an amount equal to the cost of the text-books purchased and loaned by the district pursuant to this section, but in no case shall the aid apportioned to the district [be in excess of the following amounts: a. on account of expenditures made during the school year nineteen hundred sixty-six-sixty-seven the school year nineteen hundred sixty-seven-sixty-eight or the school year nineteen hundred sixtyeight-sixty-nine an average of fifteen dollars per pupil residing in the district and enrolled in grades seven through twelve, and

b. on account of expenditures made in any subsequent school year] exceed an average of ten dollars per pupil residing in the district and enrolled in grades [seven] kindergarten through twelve.

7. The apportionment provided for in this section shall be paid, at such times as may be determined by the commissioner and approved by the director of the budget, during the school year in which the expenditures are made to the extent that such expenditures have been made and reported to the department prior to such apportionment. Expenditures by a school district [in excess of the average of fifteen dollars per pupil in the school year nineteen hundred sixty-six-sixty-seven, the school year nineteen hundred sixty-seven-sixty-eight or the school year nineteen hundred sixtyeight-sixty-nine or] in excess of ten dollars per pupil in any [sub

sequent school year shall be deemed approved operating expense of the district for the purpose of computation of state aid pursuant to subdivision five of section thirty-six hundred two of [the] this chapter, but expenditures up to such average of [fifteen dollars or] ten dollars above mentioned shall not be deemed approved operating expenses for such purpose.

§ 17. Section seven hundred three of such law is hereby repealed.

§ 18. This act shall take effect July first, nineteen hundred seventy-three, except that the provisions of section seventeen of this act shall take effect immediately.

CHAPTER 588

AN ACT to amend the mental hygiene law, in relation to local and unified services

Became a law June 11, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Article eleven of the mental hygiene law, subdivision (a) of section 11.11 thereof having been amended by chapter two hundred fifty-four of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

ARTICLE 11

[COMMUNITY] LOCAL AND UNIFIED SERVICES

Section 11.01 Declaration of purpose.

11.05 Local governmental unit.

11.07 Provision of services by the local governmental unit. 11.09 Director.

11.11 Composition of boards.

11.13 Powers and duties of local governmental units.

11.14 Optional plans for the provision of services.

11.15 Approved plans and state aid.

11.17 [State aid for operating and capital costs] Local services plan; state aid.

11.19 [Deductions.] Unified services plan; general pro

visions.

11.21 Unified services plan; requirements.

11.23 Unified services plan; financing.

[11.21] 11.25 Fees.

[11.23] 11.27 State aid procedures.

[11.25] 11.29 Liability of local government.

[11.27] 11.31

[11.29] 11.33

Publication of records.

Hostels for the mentally disabled.

§ 11.01 Declaration of purpose.

This article is designed to enable and encourage local governments to develop in the community preventive, rehabilitative, and treatment services offering continuity of care; to improve and to expand existing community programs for the mentally ill, the mentally retarded, the developmentally disabled whose conditions, including but not limited to cerebral palsy and epilepsy, are associated with mental disabilities, and those suffering from alcoholism, narcotic addition, and drug abuse; to plan for the integration of community, regional, and state services and facilities for the mentally disabled; and to cooperate with other local governments and with the state in the provision of joint services and sharing of manpower resources.

In order to further the development, for each community in this state, of a unified system for the delivery of such services, this article gives to a local governmental unit the opportunity to participate in the state-local development of such services by means of a unified services plan. Such a plan is designed to be a mechanism whereby the department, department facilities, and local government can jointly plan for and deliver unified services to meet the needs of the consumers of such services. The unified services system will strengthen state and local partnership in the determination of the need for and the allocation of services and more easily provide for the most effective and economical utilization of new and existing state, local governmental, and private resources to provide services. A uniform ratio of state and local government responsibility for financing services under a unified services plan is established by this article to eliminate having the types of services provided in a community be determined by the local government's share of the cost of a particular program rather than the needs of the community.

11.03 Definitions.

When used in this article:

1. "local government" means a county, except a county within the city of New York, and the city of New York.

2. "charter government" means a local government which has its charter under article IX of the constitution and the municipal home rule law; and includes the city of New York.

3. "[community] local services" includes services for the mentally ill, the mentally retarded, the developmentally disabled whose conditions, including but not limited to cerebral palsy and epilepsy, are associated with mental disabilities, and those suffering from