751 - Aid for computer software purchases.

§ 751. Aid  for  computer software purchases. 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.