Section 751. Aid for computer software purchases  


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  • 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.
        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.