Meeting of the Board of Regents | September 2007

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Adoption of the Proposed Amendment to the Regulations of the Commissioner Relating to Instructional Computer Hardware
DATE:	August 29, 2007
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Action (Consent Agenda)

 

Should the Board of Regents adopt as a permanent rule the proposed amendment of sections 21.3 and 100.12 of the Regulations of the Commissioner relating to instructional computer hardware?

 

Reason(s) for Consideration

 

Required by State statute.

             

Proposed Handling

 

The proposed amendment was adopted as an emergency measure at the May and July Regents meetings and will come before the Full Board in September for adoption as a permanent rule.

 

Procedural History

 

The proposed amendment was discussed by the Committee at its May meeting and adopted as an emergency measure, effective May 29, 2007.  A second emergency adoption was taken at the July meeting to ensure the proposed amendment remains continuously in effect until the effective date of its adoption as a permanent rule.

 

 

Background Information

 

Education Law section 753, as added by Chapter 57 of the Laws of 2007, provides for an apportionment for approved school district expenses for computer hardware or technology equipment, or for repair of such equipment or staff development for instructional purposes.  Such aid shall be provided pursuant to a plan developed by the district that demonstrates, to the satisfaction of the Commissioner, that the instructional computer hardware needs of the district's public and nonpublic school students have been adequately met.  This requirement is met with the attached amendment to 8 NYCRR section 100.12 which specifies requirements for each school district's technology plan including an assurance that the school district has provided for the loan of instructional computer hardware to students legally attending nonpublic schools pursuant to Education Law section 754.

 

Education Law section 754, as added by Chapter 57 of the Laws of 2007, requires school authorities to loan instructional computer hardware to an individual or a group of individuals legally attending nonpublic schools located in the district.  These requirements are detailed in an amendment to section 21.3 of the Rules of the Board of Regents, which detail loan procedures for computer hardware and software.

 

The State Education Department has solicited and received numerous comments from various stakeholders that have been used to inform the development of the proposed regulatory language relating to computer hardware.  The language closely aligns with the requirements of the State statute.  Related issues will be addressed in guidelines the Department will finalize and disseminate widely. 

 

A joint Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on June 13, 2007.     

 

Recommendation

 

Staff recommend that the Regents take the following action:

 

VOTED:  That section 21.3 of the Rules of the Board of Regents and section 100.12 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 4, 2007.

 

Timetable for Implementation

 

              The proposed amendment was adopted as an emergency measure at the May Regents meeting, effective May 29, 2007.  The permanent adoption of the amendment will become effective October 4, 2007.

 

Attachment

 

AMENDMENT OF THE RULES AND REGULATIONS OF THE BOARD OF REGENTS

Pursuant to Education Law sections 101, 207, 751, 752, 753, 754, 4401 and Chapter 57 of the Laws of 2007

1.  Section 21.3 of the Rules of the Board of Regents is amended, effective October 4, 2007, as follows:

§ 21.3 Lending procedures for computer software and instructional computer hardware.

              (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.

              [(b)] (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.

              [(c)] (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.

              [(d)] (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.

              [(e)] (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.

              [(f)] (6) Computer software programs shall be loaned free to all eligible pupils. No charges, except as provided for in [subdivision (c)] paragraph (3) of this [section] 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.

              [(g)] (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 [, but they may be included for regular operating aid purposes].

              [(h)] (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 subdivision (b) of section 175.25 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 subdivision (p) of section 1.1 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 Stateof 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 1 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 non-public school prior to June 1 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.  Within 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.

2.  Section 100.12 of the Regulations of the Board of Regents is amended, effective October 4, 2007, as follows:

§ 100.12 Instructional computer technology plans. 

              (a) To be eligible for aid for instructional computer [technology expenses pursuant to Education Law, section 3602(26-a)] hardware and technology equipment expenses pursuant to Education Law section 753, school district shall develop and maintain a plan, in a format prescribed by the commissioner, for the use of the instructional computer technology equipment.

              (b) Each plan shall include:

              (1) a description of the number and type of instructional computer technologies to be used and how they will be applied to the overall K-12 instructional program;

              (2) provision for the maintenance and repair of equipment, consistent with the five-year capital assets preservation plan as provided for in Education Law[,] section 3602(6) and section 155.1(a)(4) of this Title; [and]

              (3) provision for staff development to demonstrate how classroom teachers will use instructional computer technology across the K-12 curriculum; and

              (4) an assurance of the superintendent of schools, in a form prescribed by the commissioner, that the school district has provided for the loan of instructional computer hardware to students legally attending nonpublic schools pursuant to Education Law section 754.

              (c) Plans may provide for the school district's participation in any Federal- and State-funded instructional technology initiatives, including but not limited to the universal service discount program pursuant to the Federal Telecommunications Act of 1996 and the Federal Technology Literacy Challenge Program.