Legislative Action Concerning Flexibility with Instructional Materials Aid. The Department will issue additional guidance on implementing this flexibility.
Chapter 58 of the Laws of 2011 (A04008D-S02808D) Enacted ELFA Article VII
PART A-1
23 Section 1. Subdivision 2 of section 701 of the education law, as
24 amended by section 8 of part L of chapter 405 of the laws of 1999, is
25 amended to read as follows:
26 2. A text-book, for the purposes of this section shall mean: (i) any
27 book, or a book substitute, which shall include hard covered or paper-
28 back books, work books, or manuals and (ii) for expenses incurred after
29 July first, nineteen hundred ninety-nine, any courseware or other
30 content-based instructional materials in an electronic format, as such
31 terms are defined in the regulations of the commissioner, which a pupil
32 is required to use as a text, or a text-substitute, in a particular
33 class or program in the school he or she legally attends. For expenses
34 incurred on or after July first, two thousand eleven, a text-book shall
35 also mean items of expenditure that are eligible for an apportionment
36 pursuant to sections seven hundred eleven, seven hundred fifty-one
37 and/or seven hundred fifty-three of this title, where such items are
38 designated by the school district as eligible for aid pursuant to this
39 section, provided, however, that if aided pursuant to this section, such
40 expenses shall not be aidable pursuant to any other section of law.
41 Expenditures aided pursuant to this section shall not be eligible for
42 aid pursuant to any other section [seven hundred eleven or seven hundred
43 fifty-one] of [this chapter] law. Courseware or other content-based
44 instructional materials in an electronic format included in the defi-
45 nition of textbook pursuant to this subdivision shall be subject to the
46 same limitations on content as apply to books or book substitutes aided
47 pursuant to this section.
48 § 2. Subdivision 2 of section 711 of the education law, as added by
49 chapter 53 of the laws of 1985, is amended to read as follows:
50 2. School library materials, for the purposes of this article shall
51 mean both audio/visual materials and printed materials that may or may
52 not require magnification which meet all of the following criteria: (1)
53 materials which are catalogued and processed as part of the school
54 library or media center for use by elementary and/or secondary school
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1 children and teachers; (2) materials which with reasonable care and use
2 may be expected to last more than one year; and (3) materials which
3 would not be eligible for aid pursuant to sections seven hundred one and
4 seven hundred fifty-one of this [chapter] title. School library materi-
5 als meeting these criteria may include (i) hard cover and paperback
6 books, periodicals, that is, publications which appear at regular inter-
7 vals of less than one year on a continuing basis for an indefinite peri-
8 od, documents other than books, pamphlets, musical scores, other printed
9 and published materials, and (ii) for school year nineteen hundred
10 eighty-six--eighty-seven and thereafter, audio/visual materials includ-
11 ing films, film strips, micro-film, sound recordings, processed slides,
12 transparencies, [kinescopies] kinescopes, video tapes, maps, charts,
13 globes, pictorial works, including pictures and picture sets, reprod-
14 uctions, photographs, graphic works, and any other audio/visual materi-
15 als of a similar nature made.
16 § 3. Subdivision 2 of section 751 of the education law, as amended by
17 section 6 of part A of chapter 57 of the laws of 2009, is amended to
18 read as follows:
19 2. A software program, for the purposes of this article shall mean (a)
20 a computer program which a pupil is required to use as a learning aid in
21 a particular class in the school the pupil legally attends, or (b) for
22 expenses incurred after July first, two thousand nine, any content-based
23 instructional materials in an electronic format that are aligned with
24 state standards which are accessed or delivered through the internet
25 based on a subscription model. Such electronic format materials may
26 include a variety of media assets and learning tools, including video,
27 audio, images, teacher guides, and student access capabilities as such
28 terms are defined in the regulations of the commissioner. For expenses
29 incurred on or after July first, two thousand eleven, a software program
30 shall also mean items of expenditure that are eligible for an apportion-
31 ment pursuant to sections seven hundred one, seven hundred eleven and/or
32 seven hundred fifty-three of this title, where such items are designated
33 by the school district as eligible for aid pursuant to this section,
34 provided, however, that if aided pursuant to this section, such expenses
35 shall not be aidable pursuant to any other section of law.
36 § 4. Subdivision 1 of section 753 of the education law, as added by
37 section 7-a of part B of chapter 57 of the laws of 2007, is amended to
38 read as follows:
39 1. In addition to any other apportionment under this chapter, a school
40 district shall be eligible for an apportionment under the provisions of
41 this section for approved expenses for (i) the purchase or lease of
42 micro and/or mini computer equipment or terminals for instructional
43 purposes or (ii) technology equipment, as defined in paragraph c of
44 subdivision two of this section, used for instructional purposes, or
45 (iii) for the repair of such equipment and training and staff develop-
46 ment for instructional purposes as provided hereinafter, or (iv) for
47 expenses incurred on or after July first, two thousand eleven, any items
48 of expenditure that are eligible for an apportionment pursuant to
49 sections seven hundred one, seven hundred eleven and/or seven hundred
50 fifty-one of this title, where such items are designated by the school
51 district as eligible for aid pursuant to this section, provided, howev-
52 er, that if aided pursuant to this section, such expenses shall not be
53 aidable pursuant to any other section of law. Such aid shall be
54 provided pursuant to a plan developed by the district which demonstrates
55 to the satisfaction of the commissioner that the instructional computer
56 hardware needs of the district's public school students have been
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1 adequately met and that the school district has provided for the loan of
2 instructional computer hardware to students legally attending nonpublic
3 schools pursuant to section seven hundred fifty-four of this article.
4 The apportionment shall equal the lesser of such approved expense in the
5 base year or, the product of (i) the technology factor, (ii) the sum of
6 the public school district enrollment and the nonpublic school enroll-
7 ment in the base year as defined in subparagraphs two and three of para-
8 graph n of subdivision one of section thirty-six hundred two of this
9 chapter, and (iii) the building aid ratio, as defined in subdivision
10 four of section thirty-six hundred two of this chapter. For aid payable
11 in the two thousand seven--two thousand eight school year and thereaft-
12 er, the technology factor shall be twenty-four dollars and twenty cents.
13 A school district may use up to twenty percent of the product of (i) the
14 technology factor, (ii) the sum of the public school district enrollment
15 and the nonpublic school enrollment in the base year as defined in
16 subparagraphs two and three of paragraph n of subdivision one of section
17 thirty-six hundred two of this chapter, and (iii) the building aid ratio
18 for the repair of instructional computer hardware and technology equip-
19 ment and training and staff development for instructional purposes
20 pursuant to a plan submitted to the commissioner.
21 § 5. This act shall take effect April 1, 2011.