New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter I - Rules of the Board Of Regents
Part 21 - Textbooks
Section 21.3 - Lending procedures for computer software and instructional computer hardware

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Lending procedures for computer software.

(1) Computer software programs means prepared educational programs which are subject- oriented for use by students in conjunction with computers. The following items shall not be considered to constitute computer software programs for the purpose of this section: microcomputers, blank diskettes, cassettes or tapes, chips, computer correction devices, consoles, cords, disk drives and other similar items of hardware.

(2) Pupils enrolled in grades kindergarten through 12 in schools in New York State may borrow computer software programs designated for use in any public elementary or secondary school in the State of New York or approved by any school board. Such computer software programs shall be required for use as a learning aid in a particular class or program. Computer software programs which are religious in nature or content shall not be purchased or loaned by a school district.

(3) Computer software programs shall be loaned upon the individual written request of nonpublic school students, but such requests shall not be required of public school students. Such requests may be presented directly to the lending district or, with the consent of such district, to an appropriate official of the nonpublic school which the student attends. The form of request used by a lending district may provide for a guarantee by a parent or guardian for the return of such software or, in the case of loss or damage, for payment of the value thereof.

(4) Computer software programs owned or acquired by a school district pursuant to section 752 of the Education Law shall be available on an equitable basis to all eligible pupils enrolled in grades kindergarten through 12 in public and nonpublic schools within the district, and to pupils with handicapping conditions residing in such district who attend programs under the provisions of paragraphs c, e, g, i and l of subdivision 2 of section 4401 of the Education Law, shall remain the property of the lending district and shall bear an identifying label. The school authorities of each district shall establish lending procedures which apply to pupils in public and nonpublic schools, and shall inform the authorities of such schools of these procedures.

(5) All computer software programs shall be returned to the official designated by the lending district as the custodian thereof upon the request of such official. A lending district may agree that such software may be stored upon the property of a nonpublic school, in which event the lending district shall furnish the nonpublic school with an inventory of the software loaned to the individual students attending such school and the nonpublic school authorities shall advise the lending district of any software which has not been returned, with the name and last known address of the borrower.

(6) Computer software programs shall be loaned free to all eligible pupils. No charges, except as provided for in paragraph (3) of this subdivision, may be levied against individual pupils, parents or schools for the cost of computer software programs or for expenditures related to freight, postage, distribution, storage, recordkeeping or administration.

(7) Each district may include in its report of expenditures the purchase price of the computer software programs purchased, including the cost of freight or postage for transporting such software from the vendor to the district. Expenditures relating to distribution, storage, recordkeeping or administration may not be included for computer software aid purposes.

(8) Public school districts shall maintain a separate record of expenditures incurred from State aid received pursuant to Education Law, section 751, and this section.

(b) Lending procedures for instructional computer hardware.

(1) Definitions.
(i) Instructional computer hardware shall mean those items of equipment eligible for State aid pursuant to section 175.25(b) of this Title, including:
(a) mini-computers;

(b) microcomputers;

(c) peripheral devices, including printers, video display plotters, and desk storage units;

(d) telecommunications hardware, including modems;

(e) special hardware boards;

(f) cables;

(g) audio, video, touch-sensitive and other electronic to human machine interface hardware; and

(h) other such computer hardware that may be required for the operation of a computer-based instructional program.

(ii) School authorities shall mean those persons as defined under section 1.1(p) of this Title.

(2) Pupils enrolled in grades kindergarten through 12 in nonpublic schools in New York State may borrow instructional computer hardware designated for use in any public elementary or secondary school in the State of New York or approved by any school board. Such instructional computer hardware shall be required for use as a learning aid in a particular class or program. Instructional computer hardware containing computer software programs which are religious in nature or content shall not be purchased or loaned by a school district.

(3) Instructional computer hardware shall be loaned upon the individual written request of nonpublic school students, but such requests shall not be required of students attending public school districts. Such requests may be presented directly to the lending district or, with the consent of such district, to an appropriate official of the nonpublic school which the student attends. The form of request used by a lending district may provide for a guarantee by a parent or guardian for the return of such hardware or, in the case of loss or damage, for payment of the value thereof. School authorities shall adopt regulations specifying the date by which such requests must be received, but no earlier than June 1st of each year prior to the year for which such hardware is being requested. A parent or guardian of a child not attending a particular nonpublic school prior to June 1st of the school year may request a loan of instructional computer hardware within 30 days after enrollment.

(4) No school district shall be required to loan instructional computer hardware in excess of the instructional computer hardware acquired by such district pursuant to Education Law, section 753. W ithin the limits apportioned to such district pursuant to Education Law, section 753, instructional computer hardware acquired pursuant to such section shall be loaned on an equitable basis to children attending nonpublic schools in the district in the current year, and to pupils with handicapping conditions residing in such district who attend programs under the provisions of paragraphs c, e, g, i and l of subdivision 2 of section 4401 of the Education Law, provided that nothing in this section shall be construed to require a school district to loan to children attending nonpublic schools in the district or to such pupils with handicapping conditions, instructional computer hardware purchased with local or Federal funds or with State funds other than funds apportioned pursuant to Education Law, section 753. Such instructional computer hardware shall remain the property of the lending district and shall bear an identifying label. The school authorities of each district shall establish lending procedures which apply to pupils in public and nonpublic schools, and shall inform the authorities of such schools of these procedures. The payment of tuition under article 89 of the Education Law is deemed to be an equitable loan to children for whom such tuition is paid, and the provisions of this section shall not apply.

(5) All instructional computer hardware shall be returned to the official designated by the lending district as the custodian thereof upon the request of such official. A lending district may agree that such hardware may be stored upon the property of a nonpublic school, in which event the lending district shall furnish the nonpublic school with an inventory of the hardware loaned to the individual students attending such school and the nonpublic school authorities shall advise the lending district of any hardware which has not been returned, with the name and last known address of the borrower.

(6) Instructional computer hardware shall be loaned free to all eligible pupils. No charges, except as provided for in paragraph (3) of this subdivision, may be levied against individual pupils, parents or schools for the cost of instructional computer hardware or for expenditures related to freight, postage, distribution, storage, recordkeeping or administration.

(7) Each district may include in its report of expenditures the purchase price of the instructional computer hardware purchased, including the cost of freight or postage for transporting such hardware from the vendor to the district. Expenditures relating to distribution, storage, recordkeeping or administration may not be included for instructional computer hardware aid purposes.

(8) Public school districts shall maintain a separate record of expenditures incurred from State aid received pursuant to Education Law, section 753 of the Education Law, and this section.

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