N.Y. Education Law § 753: Instructional computer hardware and technology equipment apportionment

§ 753. Instructional computer hardware and technology equipment

apportionment. 1. In addition to any other apportionment under this

chapter, a school district shall be eligible for an apportionment under

the provisions of this section for approved expenses for (i) the

purchase or lease of micro and/or mini computer equipment or terminals

for instructional purposes or (ii) technology equipment, as defined in

paragraph c of subdivision two of this section, used for instructional

purposes, or (iii) for the repair of such equipment and training and

staff development for instructional purposes as provided hereinafter, or

(iv) for expenses incurred on or after July first, two thousand eleven,

any items of expenditure that are eligible for an apportionment pursuant

to sections seven hundred one, seven hundred eleven and/or seven hundred

fifty-one 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. Such aid shall be

provided pursuant to a plan developed by the district which demonstrates

to the satisfaction of the commissioner that the instructional computer

hardware needs of the district's public school students have been

adequately met and that the school district has provided for the loan of

instructional computer hardware to students legally attending nonpublic

schools pursuant to section seven hundred fifty-four of this article.

The apportionment shall equal the lesser of such approved expense in the

base year or, the product of (i) the technology factor, (ii) 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, and (iii) the building aid ratio, as defined in subdivision

four of section thirty-six hundred two of this chapter. For aid payable

in the two thousand seven--two thousand eight school year and

thereafter, the technology factor shall be twenty-four dollars and

twenty cents. A school district may use up to twenty percent of the

product of (i) the technology factor, (ii) 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, and (iii) the

building aid ratio for the repair of instructional computer hardware and

technology equipment and training and staff development for

instructional purposes pursuant to a plan submitted to the commissioner.

2. As used in this article:

a. "Current year" shall have the same meaning as that term is defined

in subdivision one of section thirty-six hundred two of this chapter;

b. "Base year" shall have the same meaning as that term is defined in

subdivision one of section thirty-six hundred two of this article; and

c. "Technology equipment", for the purposes of this article, shall

mean equipment with a useful life used in conjunction with or in support

of educational programs including but not limited to video, solar

energy, robotic, satellite, laser and such other equipment as the

commissioner shall approve provided that expenses for the purchase or

lease of such equipment shall not be eligible for aid under any other

provisions of this chapter.

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

acquire instructional computer hardware or technology equipment, the

cost of which exceeds the amount of state aid provided pursuant to this

section.

4. 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 reported to the department prior to such apportionment, but not

earlier than the school year after the school year in which expenses are

incurred.

5. Expenses aided pursuant to this section shall not be eligible for

aid pursuant to any other provision of this chapter.