§ 751 — Aid for computer software purchases

§ 751. Aid for computer software purchases. 1. In the several cities\nand school districts of the state, boards of education, trustees or such\nbody or officers as perform the functions of such boards, shall\ndesignate software programs to be used in conjunction with computers of\nthe school district.\n 2. A software program, for the purposes of this article shall mean (a)\na computer program which a pupil is required to use as a learning aid in\na particular class in the school the pupil legally attends, or (b) for\nexpenses incurred after July first, two thousand nine, any content-based\ninstructional materials in an electronic format that are aligned with\nstate standards which are accessed or delivered through the internet\nbased on a subscription model. Such electronic format materials may\ninclude a variety of media assets and learning tools, including video,\naudio, images, teacher guides, and student access capabilities as such\nterms are defined in the regulations of the commissioner. For expenses\nincurred on or after July first, two thousand eleven, a software program\nshall also mean items of expenditure that are eligible for an\napportionment pursuant to sections seven hundred one, seven hundred\neleven and/or seven hundred fifty-three of this title, where such items\nare designated by the school district as eligible for aid pursuant to\nthis section, provided, however, that if aided pursuant to this section,\nsuch expenses shall not be aidable pursuant to any other section of law.\n 3. No school district shall be required to purchase or otherwise\nacquire software programs, the cost of which shall exceed an amount\nequal to the software factor multiplied by the sum of the public school\ndistrict enrollment and the nonpublic school enrollment in the base year\nas defined in subparagraphs two and three of paragraph n of subdivision\none of section thirty-six hundred two of this chapter.\n 4. The commissioner, in addition to the annual apportionment of public\nmonies pursuant to other articles of this chapter, shall apportion to\neach school district an amount equal to the cost of the software\nprograms purchased by the district pursuant to this section in the base\nyear, but in no case shall the aid apportioned to the district exceed\nthe product of the software factor and the sum of public school district\nenrollment, nonpublic school enrollment, and additional public\nenrollment as defined in subparagraphs two, three, and six of paragraph\nn of subdivision one of section thirty-six hundred two of this chapter.\n For aid payable in the nineteen hundred ninety-seven--ninety-eight and\nnineteen hundred ninety-eight--ninety-nine school years, the software\nfactor shall equal four dollars and fifty-eight cents. For aid payable\nin the nineteen hundred ninety-nine--two thousand school year, the\nsoftware factor shall equal seven dollars and fifty-five cents. For aid\npayable in the two thousand--two thousand one school year, the software\nfactor shall equal fourteen dollars and ninety-eight cents. For aid\npayable in the two thousand one--two thousand two school year, the\nsoftware factor shall equal twenty-three dollars and ninety cents. For\naid payable in the two thousand two--two thousand three school year and\nthereafter, the software factor shall equal fourteen dollars and\nninety-eight cents. The apportionment provided for in this section shall\nbe paid at such times as may be determined by the commissioner and\napproved by the director of the budget. Aid payable pursuant to this\nsection shall be deemed final and not subject to change after April\nthirtieth of the school year for which payment was due.\n