N.Y. Education Law § 751: Aid for computer software purchases

§ 751. Aid for computer software purchases. 1. In the several cities

and school districts of the state, boards of education, trustees or such

body or officers as perform the functions of such boards, shall

designate software programs to be used in conjunction with computers of

the school district.

2. A software program, for the purposes of this article shall mean (a)

a computer program which a pupil is required to use as a learning aid in

a particular class in the school the pupil legally attends, or (b) for

expenses incurred after July first, two thousand nine, any content-based

instructional materials in an electronic format that are aligned with

state standards which are accessed or delivered through the internet

based on a subscription model. Such electronic format materials may

include a variety of media assets and learning tools, including video,

audio, images, teacher guides, and student access capabilities as such

terms are defined in the regulations of the commissioner. For expenses

incurred on or after July first, two thousand eleven, a software program

shall also mean items of expenditure that are eligible for an

apportionment pursuant to sections seven hundred one, seven hundred

eleven and/or seven hundred fifty-three of this title, where such items

are designated by the school district as eligible for aid pursuant to

this section, provided, however, that if aided pursuant to this section,

such expenses shall not be aidable pursuant to any other section of law.

3. No school district shall be required to purchase or otherwise

acquire software programs, the cost of which shall exceed an amount

equal to the software factor multiplied by the sum of the public school

district enrollment and the nonpublic school enrollment in the base year

as defined in subparagraphs two and three of paragraph n of subdivision

one of section thirty-six hundred two of this chapter.

4. The commissioner, in addition to the annual apportionment of public

monies pursuant to other articles of this chapter, shall apportion to

each school district an amount equal to the cost of the software

programs purchased by the district pursuant to this section in the base

year, but in no case shall the aid apportioned to the district exceed

the product of the software factor and the sum of public school district

enrollment, nonpublic school enrollment, and additional public

enrollment as defined in subparagraphs two, three, and six of paragraph

n of subdivision one of section thirty-six hundred two of this chapter.

For aid payable in the nineteen hundred ninety-seven--ninety-eight and

nineteen hundred ninety-eight--ninety-nine school years, the software

factor shall equal four dollars and fifty-eight cents. For aid payable

in the nineteen hundred ninety-nine--two thousand school year, the

software factor shall equal seven dollars and fifty-five cents. For aid

payable in the two thousand--two thousand one school year, the software

factor shall equal fourteen dollars and ninety-eight cents. For aid

payable in the two thousand one--two thousand two school year, the

software factor shall equal twenty-three dollars and ninety cents. For

aid payable in the two thousand two--two thousand three school year and

thereafter, the software factor shall equal fourteen dollars and

ninety-eight cents. 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. Aid payable pursuant to this

section shall be deemed final and not subject to change after April

thirtieth of the school year for which payment was due.