Senate Bill S9112

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9112
 
                             I N  S E N A T E
 
                             December 4, 2020
                                ___________
 
 Introduced  by Sens. MAYER, PARKER, LIU, COMRIE, BIAGGI, METZGER, ADDAB-
   BO, BAILEY, BROOKS, GIANARIS, GOUNARDES, HARCKHAM,  HOYLMAN,  JACKSON,
   KAMINSKY,  KAPLAN,  KAVANAGH, KENNEDY, KRUEGER, MAY, PERSAUD, SALAZAR,
   SANDERS, SAVINO,  SEPULVEDA,  SKOUFIS,  STAVISKY  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Rules

 AN ACT to amend the education law, the tax law, the  state  finance  law
   and  the public service law, in relation to ensuring all children have
   access to the delivery of technology  through  high-quality  broadband
   internet connectivity in support of the constitutional education obli-
   gations  of the state; and providing for the repeal of such provisions
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "E-Let's Expand Access to Remote Now (E-LEARN) Act".
   § 2. Legislative intent. The legislature  hereby  finds  and  declares
 that the COVID-19 pandemic has plagued the health, economy and education
 systems  throughout  New York and impacted the livelihood of every resi-
 dent of the state with an  extensive,  protracted  and  disproportionate
 impact on students in every region.
   The  legislature  further  finds  the  unprecedented closure of school
 buildings for the last quarter of the 2019-20 school year  coupled  with
 increasing  COVID-19  public  health  and safety concerns throughout the
 summer and into the beginning of the 2020-21 school year have  continued
 to  present  logistical  challenges  for  the  delivery of education and
 support services especially for students who are living in poverty.
   The legislature further finds Article XI of the New York state Consti-
 tution which stipulates 'The Legislature shall provide for  the  mainte-
 nance  and  support  of a system of free common schools, wherein all the
 children of the state may be educated' must be continuously upheld  even
 throughout the ensuing pandemic period.
   The  legislature further finds schools across the state had to quickly
 implement technological programs and devices to deliver remote  learning
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17541-07-0

 S. 9112                             2
 
 options  to  students during the closed down period and many schools are
 required to, or are requested to, continue distance learning modality as
 an instructional delivery model.
   The legislature further finds lack of high-quality internet access has
 had  and  continues  to  have a disequalizing impact on children who are
 poor, homeless and without the resources to  support  their  educational
 needs.
   The  Legislature  further finds it is a state imperative to ensure all
 children have access to the delivery of technology through  high-quality
 broadband  internet  connectivity in order to meet the State's constitu-
 tional requirement and maintain a system of free common schools.
   The legislature further finds that high-speed internet access, common-
 ly referred to as broadband internet, can be achieved  through  utiliza-
 tion  of  a  variety of technologies, including wired infrastructure via
 fiber optic cable, and through wireless technologies such as fixed wire-
 less internet and satellite internet, and that taking advantage  of  all
 available  and  evolving  technologies  can enable communities currently
 without wired infrastructure to nonetheless improve access to high qual-
 ity internet until such time as wired infrastructure is made universally
 available.
   The legislature further finds that almost every sector of  New  York's
 economy,  democracy,  and  society  depends  on widespread, high-quality
 internet access that supports vital functions regulated under the police
 power of the state.
   The legislature further finds that while the internet is an interstate
 resource, the essential support it provides  for  innumerable  municipal
 and  state operations, vital business and community service, delivery of
 educational programs and services and  daily  interactions  between  the
 people of New York and their governments are of state concern.
   The  legislature further finds that while the operations of telecommu-
 nication service providers must be subject to state oversight, they also
 must be protected from undue restraint and regulation so  as  to  assure
 optimum  technology and maximum availability in this state as rapidly as
 economically and technically feasible.
   The legislature further finds that telecommunication  service  provid-
 ers, notwithstanding their unique attributes, are part of an increasing-
 ly  integrated  telecommunications  industry,  the soundness of which is
 essential, not only to education,  but  also  to  the  state's  economic
 growth  and  general  welfare, and portions of whose business are wholly
 intrastate.
   The legislature further finds that there is a need  for  one  or  more
 state  agencies  to determine state internet access policy as it relates
 to the education of the state's students during the  COVID-19  pandemic,
 ensure   that  telecommunication  service  providers  provide  adequate,
 economical and efficient service to students and schools,  and  oversee,
 consonant  with  federal  regulations  and statutes, the availability of
 high-quality internet access during the COVID-19 pandemic in support  of
 the constitutional education obligations of the state.
   The  legislature  further  finds  that  it is necessary to establish a
 competitively-neutral funding mechanism to provide the resources  neces-
 sary to assure and maintain satisfaction of the constitutional education
 obligations of the state.
   Therefore,  be  it resolved, that, the legislature hereby approves the
 use of the police power inherent in the state of New York to protect and
 promote the safety, life, public  health,  public  convenience,  general
 prosperity,  and  well-being  of society, and the welfare of the state's

 S. 9112                             3
 
 population and economy, as necessary to satisfy the provisions of  Arti-
 cle  XI  of  the  New  York  state Constitution to provide a free public
 education pursuant to the E-Let's Expand Access to Remote Now  (E-LEARN)
 act, as defined in this act.
   §  3. The education law is amended by adding a new article 9-A to read
 as follows:
                                ARTICLE 9-A
                              E-LEARN PROGRAM
 SECTION 430. DEFINITIONS.
         431. APPLICATION FOR ALLOCATION FROM THE E-LEARN FUND.
         432. ALLOCATION OF E-LEARN FUNDS.
         433. GRANT OF PERMISSION FOR USE OF INFORMATION.
         434. PROVISION  OF  HIGH-QUALITY  INTERNET  ACCESS  TO  ELIGIBLE
                STUDENTS.
         435. PROVISION  OF  HIGH-QUALITY  INTERNET  ACCESS  TO  ELIGIBLE
                SCHOOLS.
         436. PAYMENT OF COSTS AND EXPENSES.
         437. COLLABORATION.
         438. COOPERATION OF THIRD PARTIES.
         439. REQUIREMENTS.
   § 430. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "BROADBAND INTERNET ACCESS SERVICE" MEANS  A  SERVICE  PROVIDED  BY
 WIRE OR RADIO IN NEW YORK STATE THAT PROVIDES THE CAPABILITY TO TRANSMIT
 DATA  TO,  AND  RECEIVE  DATA  FROM,  ALL  OR SUBSTANTIALLY ALL INTERNET
 ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND  ENABLE
 THE  OPERATION  OF  THE  COMMUNICATIONS  SERVICE,  BUT EXCLUDING DIAL-UP
 INTERNET ACCESS SERVICE.  BROADBAND INTERNET ACCESS SERVICE ALSO  ENCOM-
 PASSES  ANY  SERVICE  PROVIDED  IN  NEW  YORK THAT PROVIDES A FUNCTIONAL
 EQUIVALENT OF THAT SERVICE OR THAT IS USED TO EVADE THE  PROVISIONS  SET
 FORTH IN THIS ARTICLE.
   2.  "CHANCELLOR"  MEANS THE CHANCELLOR OF THE NEW YORK CITY DEPARTMENT
 OF EDUCATION.
   3. "DEPARTMENT" MEANS THE EDUCATION DEPARTMENT OF  THE  STATE  OF  NEW
 YORK.
   4. "ELIGIBLE SCHOOL" MEANS A PUBLIC SCHOOL INCLUDING A SCHOOL OPERATED
 BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, NON-PUBLIC SCHOOL, CHAR-
 TER SCHOOL, SPECIAL ACT SCHOOL, APPROVED PRIVATE SCHOOL SERVING STUDENTS
 WITH  DISABILITIES  SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS
 CHAPTER, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE  OF  THIS
 CHAPTER,  OR  STATE  OPERATED  SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR
 EIGHTY-EIGHT OF THIS CHAPTER, IN EACH CASE SERVING STUDENTS BETWEEN FIVE
 AND TWENTY-ONE YEARS OF AGE.
   5. "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF  THE  STATE
 BETWEEN  FIVE AND TWENTY-ONE YEARS OF AGE WHO IS ENROLLED IN AN ELIGIBLE
 SCHOOL OR WHO IS PROVIDED HOME INSTRUCTION IN COMPLIANCE WITH  PART  ONE
 OF ARTICLE SIXTY-FIVE OF THIS CHAPTER AND APPLICABLE REGULATIONS.
   6.  "HIGH-QUALITY  INTERNET  ACCESS"  MEANS, WITH RESPECT TO BROADBAND
 INTERNET ACCESS SERVICE PROVIDED TO AN ELIGIBLE  STUDENT,  UNINTERRUPTED
 BROADBAND  INTERNET  ACCESS  SERVICE WHICH IS NOT LIMITED TO ONE OR MORE
 PARTICULAR DEVICES AND WHICH PROVIDES ACTUAL AND STABLE DOWNLOAD  SPEEDS
 OF  AT LEAST 25 MEGABITS PER SECOND (MBPS) AND UPLOAD SPEEDS OF AT LEAST
 3 MBPS AT ALL TIMES THROUGHOUT THE APPLICABLE  SCHOOL  YEAR,  AND,  WITH
 RESPECT  TO  BROADBAND  INTERNET  ACCESS SERVICE PROVIDED TO AN ELIGIBLE
 SCHOOL, ACTUAL AND STABLE  DOWNLOAD  SPEEDS  OF  AT  LEAST  1  MBPS  PER
 ENROLLED  STUDENT  AND  UPLOAD  SPEEDS  OF  AT LEAST 1 MBPS PER ENROLLED
 STUDENT AT ALL TIMES THROUGHOUT THE APPLICABLE SCHOOL YEAR.

 S. 9112                             4
 
   7. "TELECOMMUNICATION SERVICE PROVIDER" MEANS A BUSINESS THAT PROVIDES
 BROADBAND INTERNET ACCESS SERVICE IN THE STATE.
   §  431.  APPLICATION  FOR  ALLOCATION  FROM  THE E-LEARN FUND. 1. EACH
 PUBLIC SCHOOL DISTRICT WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURIS-
 DICTION OF SUCH PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF SUCH
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  NON-PUBLIC  SCHOOL,  CHARTER
 SCHOOL,  APPROVED  PRIVATE  SCHOOL  SERVING  STUDENTS  WITH DISABILITIES
 SUBJECT TO ARTICLE EIGHTY-ONE OR  EIGHTY-NINE  OF  THIS  CHAPTER,  STATE
 SUPPORTED  SCHOOL  SUBJECT  TO  ARTICLE  EIGHTY-FIVE OF THIS CHAPTER, OR
 STATE OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF
 THIS CHAPTER IS HEREBY DIRECTED TO SUBMIT DOCUMENTATION TO  THE  DEPART-
 MENT OF THE REQUIREMENTS NECESSARY TO SATISFY THE PROVISIONS OF SECTIONS
 FOUR  HUNDRED  THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE.
 EACH SUCH PUBLIC  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES  OR SCHOOL, AS APPLICABLE, SHALL MAKE APPLICATION WITHIN FORTY-
 FIVE DAYS OF THE EFFECTIVE  DATE  OF  THIS  ARTICLE  TO  THE  DEPARTMENT
 SETTING  FORTH  SUCH REQUIREMENTS, AND ANNUALLY THEREAFTER BEFORE AUGUST
 FIRST.
   2. THE CHANCELLOR IS HEREBY DIRECTED TO SUBMIT  DOCUMENTATION  TO  THE
 DEPARTMENT  OF  THE  REQUIREMENTS NECESSARY TO SATISFY THE PROVISIONS OF
 SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE  OF  THIS
 ARTICLE  WITH  RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF THE
 NEW YORK CITY DEPARTMENT OF EDUCATION AND ELIGIBLE STUDENTS ENROLLED  IN
 SUCH  ELIGIBLE  SCHOOLS.    THE CHANCELLOR SHALL MAKE APPLICATION TO THE
 DEPARTMENT WITHIN NINETY DAYS OF THE  EFFECTIVE  DATE  OF  THIS  ARTICLE
 SETTING  FORTH  SUCH REQUIREMENTS OF SUCH ELIGIBLE SCHOOLS, AND ANNUALLY
 THEREAFTER BEFORE AUGUST FIRST.
   3. THE PERSON IN PARENTAL RELATION TO EACH  ELIGIBLE  STUDENT  WHO  IS
 PROVIDING  HOME  INSTRUCTION  IN  COMPLIANCE  WITH  PART  ONE OF ARTICLE
 SIXTY-FIVE OF THIS CHAPTER AND APPLICABLE REGULATIONS IS HEREBY DIRECTED
 TO SUBMIT DOCUMENTATION TO THE DEPARTMENT OF THE REQUIREMENTS  NECESSARY
 TO  SATISFY THE PROVISIONS OF SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR
 HUNDRED THIRTY-FIVE OF  THIS  ARTICLE  WITH  RESPECT  TO  SUCH  ELIGIBLE
 STUDENTS. SUCH PERSON IN PARENTAL RELATION SHALL MAKE APPLICATION TO THE
 DEPARTMENT  WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE
 SETTING FORTH SUCH REQUIREMENTS OF SUCH ELIGIBLE  SCHOOL,  AND  ANNUALLY
 THEREAFTER BEFORE AUGUST FIRST.
   §  432.  ALLOCATION OF E-LEARN FUNDS. THE COMMISSIONER SHALL DETERMINE
 CRITERIA FOR ALLOCATION OF MONEYS FROM THE E-LEARN FUND TO PUBLIC SCHOOL
 DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY
 DEPARTMENT OF EDUCATION, NON-PUBLIC SCHOOLS,  CHARTER  SCHOOLS,  SPECIAL
 ACT SCHOOLS, APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES
 SUBJECT  TO  ARTICLE  EIGHTY-ONE  OR  EIGHTY-NINE OF THIS CHAPTER, STATE
 SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS  CHAPTER,  STATE
 OPERATED  SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS
 CHAPTER, AND PERSONS IN PARENTAL RELATION TO ELIGIBLE STUDENTS  WHO  ARE
 PROVIDING  HOME  INSTRUCTION  IN  COMPLIANCE  WITH  PART  ONE OF ARTICLE
 SIXTY-FIVE OF THIS CHAPTER  AND  APPLICABLE  REGULATIONS  FOR  ACHIEVING
 EQUITABLE  ACCESS TO REMOTE LEARNING RESOURCES FOR ELIGIBLE STUDENTS AND
 ELIGIBLE SCHOOLS PURSUANT TO SECTIONS FOUR HUNDRED THIRTY-FOUR AND  FOUR
 HUNDRED THIRTY-FIVE OF THIS ARTICLE. SUCH CRITERIA SHALL INCLUDE BUT NOT
 BE  LIMITED  TO THE NUMBER OF ELIGIBLE STUDENTS AT EACH ELIGIBLE SCHOOL,
 THE DEGREE TO WHICH MULTIPLE ELIGIBLE STUDENTS ARE MEMBERS OF  THE  SAME
 HOUSEHOLD  AND RESIDE AT THE SAME RESIDENCE, THE RESPONSE RATE OF GRANTS
 OF PERMISSION PURSUANT TO SECTION  FOUR  HUNDRED  THIRTY-THREE  OF  THIS

 S. 9112                             5
 
 ARTICLE, THE DEGREE OF NEED OF EACH ELIGIBLE SCHOOL AND THEIR RESPECTIVE
 CLASSROOMS,  AND,  SUBJECT  TO SECTION FOUR HUNDRED THIRTY-SEVEN OF THIS
 ARTICLE, THE DIFFERENT REGIONAL FACTORS AFFECTING THE PROVISION OF HIGH-
 QUALITY INTERNET ACCESS.
   §  433.  GRANT  OF  PERMISSION FOR USE OF INFORMATION. NOTWITHSTANDING
 SECTION TWO-D OF THIS CHAPTER, PUBLIC SCHOOL DISTRICTS, BOARDS OF  COOP-
 ERATIVE  EDUCATION, THE CHANCELLOR, CHARTER SCHOOLS, NON-PUBLIC SCHOOLS,
 APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES  SUBJECT  TO
 ARTICLE  EIGHTY-ONE  OR  EIGHTY-NINE  OF  THIS  CHAPTER, STATE SUPPORTED
 SCHOOLS SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, OR  STATE  OPER-
 ATED  SCHOOLS  SUBJECT  TO  ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS
 CHAPTER, SHALL PROVIDE TO ELIGIBLE STUDENTS OR THEIR FAMILIES, AS APPRO-
 PRIATE, A FORM REQUESTING INFORMATION AS TO WHETHER THE ELIGIBLE STUDENT
 HAD HIGH-QUALITY INTERNET ACCESS  AS  OF  THE  EFFECTIVE  DATE  OF  THIS
 SECTION  AND CONTINUES TO HAVE HIGH-QUALITY INTERNET ACCESS, AND IF SUCH
 STUDENT HAD HIGH-QUALITY INTERNET ACCESS AS OF SUCH DATE  AND  CONTINUES
 TO  HAVE  HIGH-QUALITY INTERNET ACCESS, THE NAME OF THE CURRENT PROVIDER
 OF SUCH HIGH-QUALITY INTERNET SERVICE, AND  IN  EITHER  CASE  REQUESTING
 PERMISSION FOR THE USE OF NAMES AND CONTACT INFORMATION OF SUCH STUDENTS
 OR FAMILIES, AS APPROPRIATE, FOR PURPOSES OF ENTERING INTO AGREEMENTS TO
 PROVIDE  SUCH  ELIGIBLE  STUDENTS  WITH  HIGH-QUALITY INTERNET ACCESS IN
 ACCORDANCE WITH THIS ARTICLE OR FOR PURPOSES OF THE REDUCTION  IN  COSTS
 PURSUANT  TO  SUBDIVISION  THREE OF SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THE PUBLIC SERVICE LAW. SUCH FORM OF REQUEST SHALL BE  IN  A  FORM,  AND
 DISTRIBUTED  AND  COLLECTED,  IN  SUCH  MANNER  AS THE APPLICABLE PUBLIC
 SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, THE CHANCEL-
 LOR, OR ELIGIBLE SCHOOL, AS APPLICABLE, MAY DEEM APPROPRIATE;  PROVIDED,
 HOWEVER,  THAT  USE  OF  INFORMATION PROVIDED SHALL BE LIMITED TO USE OF
 ONLY SUCH PERSONALLY IDENTIFIABLE INFORMATION AS SHALL BE  NECESSARY  TO
 SATISFY  THE  REQUIREMENTS  OF  THIS  ARTICLE  AND  SUBDIVISION THREE OF
 SECTION TWO HUNDRED TWENTY-FOUR-C OF THE PUBLIC SERVICE LAW.  SUCH  FORM
 OF REQUEST SHALL BE PROVIDED TO ELIGIBLE STUDENTS, OR THEIR FAMILIES, AS
 APPROPRIATE, NO LATER THAN FIFTEEN DAYS AFTER THE EFFECTIVE DATE OF THIS
 ARTICLE, AND SHALL BE TRANSLATED IN THE PREDOMINANT LANGUAGES OTHER THAN
 ENGLISH  OF ELIGIBLE STUDENTS AND THEIR FAMILIES SERVED BY SUCH ELIGIBLE
 SCHOOLS.
   § 434. PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE STUDENTS.
 1. (A) UPON APPROVAL OF THE ALLOCATIONS OF THE E-LEARN FUND PURSUANT  TO
 SECTION  FOUR  HUNDRED  THIRTY-TWO  OF  THIS  ARTICLE EACH PUBLIC SCHOOL
 DISTRICT WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF SUCH
 PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  WITH
 RESPECT  TO  ELIGIBLE  SCHOOLS  UNDER  THE JURISDICTION OF SUCH BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES,  NON-PUBLIC  SCHOOL,  CHARTER  SCHOOL,
 APPROVED  PRIVATE  SCHOOL  SERVING STUDENTS WITH DISABILITIES SUBJECT TO
 ARTICLE EIGHTY-ONE OR  EIGHTY-NINE  OF  THIS  CHAPTER,  STATE  SUPPORTED
 SCHOOL  SUBJECT  TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, AND STATE OPER-
 ATED SCHOOL SUBJECT TO ARTICLE  EIGHTY-SEVEN  OR  EIGHTY-EIGHT  OF  THIS
 CHAPTER  SHALL  BE  AUTHORIZED  TO ENTER INTO AGREEMENTS TO PROVIDE EACH
 ELIGIBLE STUDENT ENROLLED AT AN ELIGIBLE SCHOOL WHO DID NOT  HAVE  HIGH-
 QUALITY  INTERNET  ACCESS  AS  OF THE EFFECTIVE DATE OF THIS ARTICLE AND
 CONTINUES TO LACK HIGH-QUALITY INTERNET ACCESS, AND FOR WHOM A GRANT  OF
 PERMISSION HAS BEEN RETURNED PURSUANT TO THIS SECTION, WITH HIGH-QUALITY
 INTERNET  ACCESS  ON A CONTINUAL BASIS AT THE RESIDENCE OF SUCH ELIGIBLE
 STUDENT, WHETHER SUCH RESIDENCE  IS  TEMPORARY  OR  PERMANENT,  IN  SUCH
 MANNER  AS  SHALL  BE DEEMED APPROPRIATE BY SUCH PUBLIC SCHOOL DISTRICT,

 S. 9112                             6
 
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR ELIGIBLE SCHOOL, AS APPRO-
 PRIATE; AND
   (B)  THE  CHANCELLOR  SHALL  BE AUTHORIZED TO ENTER INTO AGREEMENTS TO
 PROVIDE EACH ELIGIBLE STUDENT ENROLLED AT AN ELIGIBLE SCHOOL  UNDER  THE
 JURISDICTION  OF  THE  NEW YORK CITY DEPARTMENT OF EDUCATION WHO DID NOT
 HAVE HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVENESS OF THIS  ARTI-
 CLE  AND  CONTINUES TO LACK HIGH-QUALITY INTERNET ACCESS, AND FOR WHOM A
 GRANT OF PERMISSION HAS BEEN RETURNED PURSUANT  TO  THIS  SECTION,  WITH
 HIGH-QUALITY  INTERNET  ACCESS  ON A CONTINUAL BASIS AT THE RESIDENCE OF
 SUCH ELIGIBLE STUDENT, WHETHER SUCH RESIDENCE IS TEMPORARY OR PERMANENT,
 IN SUCH MANNER AS SHALL BE DEEMED APPROPRIATE BY THE CHANCELLOR.
   2. IN SATISFYING THE REQUIREMENTS OF SUBDIVISION ONE OF THIS  SECTION,
 PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE
 CHANCELLOR AND THE ELIGIBLE SCHOOLS SET FORTH IN SUBDIVISION ONE OF THIS
 SECTION ARE AUTHORIZED AND DIRECTED TO COORDINATE THE PROVISION OF HIGH-
 QUALITY  INTERNET ACCESS IN COLLABORATION WITH COMMUNITY-BASED ORGANIZA-
 TIONS, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE
 OF CHILDREN AND FAMILY SERVICES, THE STATE UNIVERSITY OF NEW  YORK,  THE
 DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION,  THE OFFICE OF
 TEMPORARY AND DISABILITY ASSISTANCE, THE DEPARTMENT OF HEALTH, AND  SUCH
 OTHER  PERSONS OR ENTITIES AS MAY BE APPROPRIATE, INCLUDING PARTIES WITH
 AN INTEREST IN THE RESIDENCE OF AN ELIGIBLE STUDENT,  SUCH  AS  HOMELESS
 SHELTERS, LANDLORDS, AND MANUFACTURED HOME PARKS.
   §  435. PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE SCHOOLS.
 UPON APPROVAL OF THE ALLOCATION OF THE E-LEARN FUND PURSUANT TO  SECTION
 FOUR HUNDRED THIRTY-TWO OF THIS ARTICLE:
   1.  EACH PUBLIC SCHOOL DISTRICT SHALL CONTRACT FOR HIGH-QUALITY INTER-
 NET ACCESS ON A CONTINUAL BASIS AT EACH SCHOOL DISTRICT BUILDING AND FOR
 ALL ELIGIBLE SCHOOLS UNDER SUCH PUBLIC  SCHOOL  DISTRICT'S  JURISDICTION
 SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND ADMINISTRATIVE OPERATIONS OF
 SUCH PUBLIC SCHOOL DISTRICT AND SUCH ELIGIBLE SCHOOLS TO THE EXTENT THAT
 SUCH  BUILDINGS  AND ELIGIBLE SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET
 ACCESS AS OF THE EFFECTIVE DATE OF THIS ARTICLE  AND  CONTINUE  TO  LACK
 HIGH-QUALITY INTERNET ACCESS;
   2.  EACH  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL CONTRACT FOR
 HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT EACH SUCH BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES BUILDING AND FOR ALL ELIGIBLE SCHOOLS
 UNDER SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES'  JURISDICTION
 SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND ADMINISTRATIVE OPERATIONS OF
 SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SUCH ELIGIBLE SCHOOLS
 TO  THE  EXTENT  THAT  SUCH  BUILDINGS AND ELIGIBLE SCHOOLS DID NOT HAVE
 HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE  OF  THIS  ARTICLE
 AND CONTINUE TO LACK HIGH-QUALITY INTERNET ACCESS;
   3. THE CHANCELLOR SHALL CONTRACT FOR HIGH-QUALITY INTERNET ACCESS ON A
 CONTINUAL  BASIS  AT EACH NEW YORK CITY DEPARTMENT OF EDUCATION BUILDING
 AND FOR ALL ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF THE NEW YORK CITY
 DEPARTMENT OF EDUCATION SUFFICIENT  TO  SUPPORT  ALL  INSTRUCTIONAL  AND
 ADMINISTRATIVE  OPERATIONS  OF THE NEW YORK CITY DEPARTMENT OF EDUCATION
 AND SUCH ELIGIBLE SCHOOLS TO THE EXTENT THAT SUCH BUILDINGS AND ELIGIBLE
 SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET ACCESS AS  OF  THE  EFFECTIVE
 DATE  OF THIS ARTICLE AND CONTINUE TO LACK HIGH-QUALITY INTERNET ACCESS;
 AND
   4. EACH NON-PUBLIC SCHOOL, CHARTER  SCHOOL,  APPROVED  PRIVATE  SCHOOL
 SERVING  STUDENTS  WITH  DISABILITIES  SUBJECT  TO ARTICLE EIGHTY-ONE OR
 EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOL SUBJECT  TO  ARTICLE
 EIGHTY-FIVE OF THIS CHAPTER, OR STATE OPERATED SCHOOL SUBJECT TO ARTICLE

 S. 9112                             7

 EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER WHICH IS AN ELIGIBLE SCHOOL
 SHALL  CONTRACT FOR HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT
 SUCH ELIGIBLE SCHOOL SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND  ADMIN-
 ISTRATIVE  OPERATIONS  OF  SUCH  ELIGIBLE SCHOOL TO THE EXTENT THAT SUCH
 BUILDINGS AND ELIGIBLE SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET ACCESS
 AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND CONTINUE TO LACK HIGH-QUAL-
 ITY INTERNET ACCESS.
   § 436. PAYMENT OF COSTS AND  EXPENSES.  1.  PUBLIC  SCHOOL  DISTRICTS,
 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY DEPARTMENT
 OF  EDUCATION,  NON-PUBLIC  SCHOOLS,  CHARTER  SCHOOLS, APPROVED PRIVATE
 SCHOOLS SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE
 OR EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOLS SUBJECT TO ARTI-
 CLE EIGHTY-FIVE OF THIS CHAPTER, STATE OPERATED SCHOOLS SUBJECT TO ARTI-
 CLE EIGHTY-SEVEN  OR  EIGHTY-EIGHT  OF  THIS  CHAPTER,  AND  PERSONS  IN
 PARENTAL  RELATION  TO ELIGIBLE STUDENTS WHO ARE PROVIDING HOME INSTRUC-
 TION IN COMPLIANCE WITH PART ONE OF ARTICLE SIXTY-FIVE OF  THIS  CHAPTER
 AND APPLICABLE REGULATIONS SHALL SUBMIT TO THE DEPARTMENT:
   (A) FOR REIMBURSEMENT, SUCH RECEIPTS AND OTHER APPROPRIATE EVIDENCE OF
 COSTS  AND  EXPENSES INCURRED IN SATISFYING THE REQUIREMENTS OF SECTIONS
 FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF  THIS  ARTICLE;
 AND
   (B)  FOR DIRECT PAYMENT OUT OF AMOUNTS IN THE E-LEARN FUND ESTABLISHED
 IN SECTION NINETY-FIVE-J OF THE STATE FINANCE LAW,  EVIDENCE  OF  UNPAID
 COSTS  AND  RELATED PAYMENT INSTRUCTIONS, FOR GOODS OR SERVICES OBTAINED
 IN SATISFYING THE REQUIREMENTS OF SECTIONS FOUR HUNDRED THIRTY-FOUR  AND
 FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE.
   2.  THE  DEPARTMENT  SHALL SUBMIT SUCH DOCUMENTATION NECESSARY FOR THE
 COMPTROLLER TO MAKE SUCH REIMBURSEMENTS AND PAYMENTS OUT OF THE  E-LEARN
 FUND.
   §  437. COLLABORATION. THE DEPARTMENT, PUBLIC SCHOOL DISTRICTS, BOARDS
 OF  COOPERATIVE  EDUCATIONAL  SERVICES,  THE  CHANCELLOR,  AND  ELIGIBLE
 SCHOOLS,  AS  APPROPRIATE,  IN  FULFILLING  THE OBLIGATIONS SET FORTH IN
 SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE  OF  THIS
 ARTICLE,  SHALL  MAKE  REASONABLE EFFORTS TO COLLABORATE WITH COMMUNITY-
 BASED ORGANIZATIONS WITH EXPERTISE IN INTERNET ACCESS TO FACILITATE  THE
 PROVISION  OF  HIGH-QUALITY  INTERNET  ACCESS  TO  ELIGIBLE STUDENTS AND
 ELIGIBLE SCHOOLS, INCLUDING ELIGIBLE STUDENTS RESIDING IN NON-TRADITION-
 AL PLACES OF RESIDENCE.
   § 438. COOPERATION OF THIRD PARTIES. EVERY  TELECOMMUNICATION  SERVICE
 PROVIDER,  LANDLORD,  BUILDING  MANAGER,  OR ANY OTHER INDIVIDUAL HAVING
 RESPONSIBILITY FOR THE CARE AND CONTROL OF A PREMISES WHICH IS  A  RESI-
 DENCE  OR  DOMICILE  OF  ANY ELIGIBLE STUDENT, WHETHER SUCH RESIDENCE OR
 DOMICILE IS TEMPORARY OR PERMANENT, SHALL COOPERATE WITH THE EFFORTS  OF
 PUBLIC  SCHOOL  DISTRICTS, BOARDS OF COOPERATIVE EDUCATION, THE CHANCEL-
 LOR, ELIGIBLE SCHOOLS, AND  ELIGIBLE  STUDENTS  AND  THEIR  FAMILIES  TO
 SATISFY  THE  REQUIREMENTS  OF  SECTION FOUR HUNDRED THIRTY-FOUR OF THIS
 ARTICLE BY, WHERE APPROPRIATE, BEING AVAILABLE AT  REASONABLE  TIMES  TO
 COMMUNICATE REGARDING PROVISION OF HIGH-QUALITY INTERNET ACCESS, PROVID-
 ING  REASONABLE  ACCESS  TO  BUILDINGS OR OTHER STRUCTURES, FACILITATING
 INSTALLATION OF TECHNOLOGIES NECESSARY TO PROVIDE HIGH-QUALITY  INTERNET
 ACCESS  AND  TAKING SUCH OTHER COOPERATIVE MEASURES AS MAY REASONABLY BE
 REQUESTED.
   § 439. REQUIREMENTS. THE REQUIREMENTS OF THIS  ARTICLE  SHALL  NOT  BE
 QUALIFIED  BY  THE DIFFICULTY OR COST OF PROVIDING HIGH-QUALITY INTERNET
 ACCESS TO ANY PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE SCHOOL, NOR  SHALL
 ANY  ELIGIBLE  STUDENT  OR ELIGIBLE SCHOOL BE PRIORITIZED OVER ANY OTHER

 S. 9112                             8
 
 ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY  OR
 COST.
   §  4.  The tax law is amended by adding a new section 186-h to read as
 follows:
   § 186-H. DUTIES OF THE DEPARTMENT UNDER THE E-LEARN PROGRAM. 1.  DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A)  "TELECOMMUNICATION  SERVICE  PROVIDER"  MEANS  A  BUSINESS   THAT
 PROVIDES BROADBAND INTERNET ACCESS SERVICE IN THE STATE.
   (B)  "E-LEARN FUND" SHALL MEAN THE FUND ESTABLISHED IN SECTION NINETY-
 FIVE-J OF THE STATE FINANCE LAW.
   (C) "ASSESSMENT RATE" MEANS THE PERCENTAGE RATE WHICH WHEN  MULTIPLIED
 BY  EACH  TELECOMMUNICATION  SERVICE  PROVIDER'S  TOTAL GROSS INTRASTATE
 TELECOMMUNICATION REVENUE FOR THE PRIOR CALENDAR YEAR, OR IF SUCH REVEN-
 UE IS UNAVAILABLE, THE MOST RECENT CALENDAR YEAR FOR WHICH SUCH  REVENUE
 IS  AVAILABLE,  WHICH  DETERMINES THAT PROVIDER'S ANNUAL CONTRIBUTION TO
 THE E-LEARN FUND, DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH  THE
 STATE  EDUCATION  DEPARTMENT  TO  BE SUFFICIENT IN AMOUNT TO PROVIDE FOR
 ACQUISITION OF HIGH-QUALITY INTERNET ACCESS PURSUANT TO  ARTICLE  NINE-A
 OF THE EDUCATION LAW, TAKING INTO ACCOUNT FOR ANY SCHOOL YEAR SUBSEQUENT
 TO  THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR ANY
 EXCESS AMOUNTS REMAINING IN THE E-LEARN FUND FROM THE PRIOR YEAR  PURSU-
 ANT  TO  SUBDIVISION  FIVE OF SECTION NINETY-FIVE-J OF THE STATE FINANCE
 LAW.
   2. CONTRIBUTION. ALL TELECOMMUNICATION SERVICE PROVIDERS OPERATING  IN
 THE  STATE  SHALL  CONTRIBUTE TO THE PRESERVATION AND ADVANCEMENT OF THE
 E-LEARN FUND IN THE MANNER SET FORTH IN THIS SECTION. ANY SUCH  CONTRIB-
 UTION  SHALL NOT BE PASSED THROUGH IN WHOLE OR IN PART AS A FEE, CHARGE,
 INCREASED SERVICE COST, OR BY ANY OTHER  MEANS  BY  A  TELECOMMUNICATION
 SERVICE  PROVIDER  TO  ANY  PERSON  OR CUSTOMER THAT CONTRACTS WITH SUCH
 TELECOMMUNICATION SERVICE PROVIDER FOR SERVICE.
   3. ANNUAL CHARGE. (A) THE DEPARTMENT SHALL ASSESS AN ANNUAL CHARGE  ON
 EACH  TELECOMMUNICATION  SERVICE  PROVIDER  IN  AN  AMOUNT  EQUAL TO THE
 ASSESSMENT RATE MULTIPLIED BY THE TELECOMMUNICATION  SERVICE  PROVIDER'S
 TOTAL  GROSS INTRASTATE TELECOMMUNICATION REVENUE FOR THE PRIOR CALENDAR
 YEAR, OR IF SUCH REVENUE IS UNAVAILABLE, THE MOST RECENT  CALENDAR  YEAR
 FOR  WHICH  SUCH  REVENUE IS AVAILABLE. THE DEPARTMENT SHALL COLLECT AND
 DEPOSIT SUCH AMOUNTS INTO A SEGREGATED ACCOUNT WHICH SHALL  SUBSEQUENTLY
 BE  TRANSFERRED  TO E-LEARN FUND ESTABLISHED IN SECTION NINETY-FIVE-J OF
 THE STATE FINANCE LAW. ALL SUCH AMOUNTS SHALL BE KEPT SEPARATE AND SHALL
 NOT BE COMMINGLED WITH ANY OTHER MONEYS COLLECTED BY THE DEPARTMENT.
   (B) SUCH ANNUAL CHARGE SHALL BE ASSESSED ON  AND  COLLECTED  FROM  ALL
 TELECOMMUNICATION  SERVICE  PROVIDERS OPERATING IN THE STATE AS OF APRIL
 FIRST, JULY FIRST, OCTOBER  FIRST,  AND  JANUARY  FIRST  OF  EACH  YEAR,
 PROVIDED  THAT  THE  INITIAL  ANNUAL CHARGE FOR FISCAL YEAR TWO THOUSAND
 TWENTY SHALL BE ASSESSED AND COLLECTED AS OF DECEMBER THIRTY-FIRST,  TWO
 THOUSAND TWENTY.
   (C)  AMOUNTS  COLLECTED FROM TELECOMMUNICATION SERVICE PROVIDERS SHALL
 BE TRANSFERRED BY THE DEPARTMENT OF TAXATION AND FINANCE  TO  THE  STATE
 COMPTROLLER TO BE DEPOSITED IN THE E-LEARN FUND WITHIN THIRTY DAYS AFTER
 EACH COLLECTION DEADLINE.
   (D)  FAILURE  OF  A  TELECOMMUNICATION SERVICE PROVIDER TO MAKE TIMELY
 PAYMENT UNDER THIS SECTION WILL RESULT IN THE LEVY  OF  A  LATE  PAYMENT
 CHARGE  OF  ONE  AND ONE-HALF PERCENT PER MONTH PRO RATA PER DIEM ON THE
 DELINQUENT CONTRIBUTION.
   (E) IF A TELECOMMUNICATION  SERVICE  PROVIDER'S  CONTRIBUTION  TO  THE
 E-LEARN  FUND  IN  A  GIVEN  FISCAL  YEAR IS LESS THAN ONE HUNDRED FIFTY

 S. 9112                             9
 
 DOLLARS SUCH TELECOMMUNICATION SERVICE PROVIDER WILL NOT BE REQUIRED  TO
 PAY A CONTRIBUTION FOR SUCH YEAR.
   4.  REQUIREMENTS.  THE  REQUIREMENTS  OF  THIS SECTION, INCLUDING WITH
 RESPECT TO DETERMINATIONS OF THE ASSESSMENT RATE, SHALL NOT BE QUALIFIED
 BY THE DIFFICULTY OR COST OF PROVIDING  HIGH-QUALITY INTERNET ACCESS  TO
 ANY PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE SCHOOL, AS  SUCH  TERMS  ARE
 DEFINED  IN  SECTION FOUR HUNDRED THIRTY OF THE EDUCATION LAW, NOR SHALL
 ANY ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BE PRIORITIZED  OVER  ANY  OTHER
 ELIGIBLE  STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY OR
 COST.
   §  5. The state finance law is amended by adding a new section 95-j to
 read as follows:
   § 95-J. E-LEARN FUND. 1.   THERE IS HEREBY ESTABLISHED  IN  THE  JOINT
 CUSTODY  OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE
 THE E-LEARN FUND TO ENSURE THE PROVISION OF HIGH-QUALITY INTERNET ACCESS
 TO ELIGIBLE SCHOOLS AND ELIGIBLE  STUDENTS  IN  THE  STATE  THROUGH  THE
 PROGRAM SET FORTH IN ARTICLE NINE-A OF THE EDUCATION LAW.
   2.  THE E-LEARN FUND SHALL CONSIST OF ALL MONEYS REQUIRED TO BE DEPOS-
 ITED IN THE E-LEARN FUND PURSUANT  TO  THE  PROVISIONS  OF  SECTION  ONE
 HUNDRED EIGHTY-SIX-H OF THE TAX LAW.
   3. THE MONEYS IN THE E-LEARN FUND SHALL BE KEPT SEPARATE AND SHALL NOT
 BE  COMMINGLED  WITH  ANY OTHER MONEYS IN THE CUSTODY OF THE STATE COMP-
 TROLLER.
   4. THE MONEYS IN THE E-LEARN FUND  SHALL  BE  DISBURSED,  UPON  PROPER
 APPLICATION MADE TO THE STATE COMMISSIONER OF EDUCATION BY PUBLIC SCHOOL
 DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY
 DEPARTMENT  OF  EDUCATION,  NON-PUBLIC SCHOOLS, CHARTER SCHOOLS, SPECIAL
 ACT SCHOOLS, APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES
 SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW, STATE
 SUPPORTED SCHOOLS SUBJECT TO ARTICLE EIGHTY-FIVE OF THE  EDUCATION  LAW,
 STATE  OPERATED  SCHOOLS SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT
 OF THE EDUCATION LAW, AND  PERSONS  IN  PARENTAL  RELATION  TO  ELIGIBLE
 STUDENTS  WHO ARE PROVIDING HOME INSTRUCTION IN COMPLIANCE WITH PART ONE
 OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW AND  SECTION  100.10  OF  THE
 NYCRR, AS APPLICABLE, FOR THE PURPOSES OF PROVIDING COST-FREE HIGH-QUAL-
 ITY INTERNET ACCESS TO ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS IN ACCORD-
 ANCE  WITH  ARTICLE  NINE-A  OF  THE  EDUCATION LAW AND FOR COSTS OF THE
 DEPARTMENT OF EDUCATION, THE DEPARTMENT OF TAXATION AND FINANCE AND  THE
 COMPTROLLER'S  OFFICE  TO  ADMINISTER THE E-LEARN FUND AND IMPLEMENT THE
 E-LEARN PROGRAM.
   5. TO THE  EXTENT  AMOUNTS  RECEIVED  FROM  TELECOMMUNICATION  SERVICE
 PROVIDERS  IN ANY GIVEN FISCAL YEAR EXCEED AN AMOUNT EQUAL TO THE AGGRE-
 GATE DISBURSEMENTS FROM THE E-LEARN FUND REQUIRED TO BE MADE PURSUANT TO
 ARTICLE NINE-A OF THE EDUCATION LAW PLUS THE COST OF  ADMINISTERING  THE
 E-LEARN  FUND  AND  IMPLEMENTING THE E-LEARN PROGRAM, THE EXCESS AMOUNTS
 SHALL REMAIN IN THE E-LEARN FUND FOR USE IN THE SUBSEQUENT FISCAL YEAR.
   6. THE REQUIREMENTS OF THIS SECTION SHALL  NOT  BE  QUALIFIED  BY  THE
 DIFFICULTY  OR  COST  OF  PROVIDING  HIGH-QUALITY INTERNET ACCESS TO ANY
 PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE SCHOOL, NOR SHALL  ANY  ELIGIBLE
 STUDENT  OR  ELIGIBLE  SCHOOL  BE  PRIORITIZED  OVER  ANY OTHER ELIGIBLE
 STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY OR COST.
   § 6. The article heading of article 11 of the public service  law,  as
 added by chapter 83 of the laws of 1995, is amended to read as follows:
             PROVISIONS RELATING TO CABLE TELEVISION COMPANIES
                  AND TELECOMMUNICATION SERVICE PROVIDERS

 S. 9112                            10
 
   §  7.  The public service law is amended by adding a new section 224-c
 to read as follows:
   §  224-C.  REIMBURSEMENT  BY  TELECOMMUNICATION  SERVICE  PROVIDERS OF
 ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS WITH CURRENT HIGH-QUALITY  INTER-
 NET  ACCESS.  1. FOR THE PURPOSES OF THIS SECTION: (A) "BROADBAND INTER-
 NET ACCESS SERVICE" MEANS A SERVICE PROVIDED BY WIRE  OR  RADIO  IN  NEW
 YORK STATE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO, AND RECEIVE
 DATA  FROM,  ALL  OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY
 CAPABILITIES THAT ARE INCIDENTAL TO AND  ENABLE  THE  OPERATION  OF  THE
 COMMUNICATIONS  SERVICE,  BUT EXCLUDING DIAL-UP INTERNET ACCESS SERVICE.
 BROADBAND INTERNET ACCESS SERVICE ALSO ENCOMPASSES ANY SERVICE  PROVIDED
 IN  NEW YORK STATE THAT PROVIDES A FUNCTIONAL EQUIVALENT OF THAT SERVICE
 OR THAT IS USED TO EVADE THE PROVISIONS SET FORTH IN THIS SECTION.
   (B) "ELIGIBLE SCHOOL" MEANS A PUBLIC SCHOOL, NON-PUBLIC SCHOOL,  CHAR-
 TER SCHOOL, SPECIAL ACT SCHOOL, APPROVED PRIVATE SCHOOL SERVING STUDENTS
 WITH  DISABILITIES  SUBJECT  TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THE
 EDUCATION LAW, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE  OF
 THE  EDUCATION  LAW, OR STATE OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY-
 SEVEN OR EIGHTY-EIGHT  OF  THE  EDUCATION  LAW,  IN  EACH  CASE  SERVING
 STUDENTS BETWEEN FIVE AND TWENTY-ONE YEARS OF AGE.
   (C)  "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF THE STATE
 BETWEEN FIVE AND TWENTY-ONE YEARS OF AGE WHO IS ENROLLED IN AN  ELIGIBLE
 SCHOOL  OR  WHO IS PROVIDED HOME INSTRUCTION IN COMPLIANCE WITH PART ONE
 OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW AND APPLICABLE REGULATIONS.
   (D) "HIGH-QUALITY INTERNET ACCESS" MEANS, WITH  RESPECT  TO  BROADBAND
 INTERNET  ACCESS  SERVICE PROVIDED TO AN ELIGIBLE STUDENT, UNINTERRUPTED
 BROADBAND INTERNET ACCESS SERVICE WHICH IS NOT LIMITED TO  ONE  OR  MORE
 PARTICULAR  DEVICES AND WHICH PROVIDES ACTUAL AND STABLE DOWNLOAD SPEEDS
 OF AT LEAST 25 MEGABITS PER SECOND (MBPS) AND UPLOAD SPEEDS OF AT  LEAST
 3  MBPS  AT  ALL  TIMES,  AND, WITH RESPECT TO BROADBAND INTERNET ACCESS
 SERVICE PROVIDED TO AN  ELIGIBLE  SCHOOL,  ACTUAL  AND  STABLE  DOWNLOAD
 SPEEDS  OF  AT LEAST 1 MBPS PER ENROLLED STUDENT AND UPLOAD SPEEDS OF AT
 LEAST 1 MBPS PER ENROLLED STUDENT AT ALL TIMES.
   (E) "STATE EDUCATION DEPARTMENT" MEANS THE EDUCATION DEPARTMENT OF THE
 STATE OF NEW YORK.
   (F)  "TELECOMMUNICATION  SERVICE  PROVIDER"  MEANS  A  BUSINESS   THAT
 PROVIDES BROADBAND INTERNET ACCESS SERVICE IN THIS STATE.
   2.  IN  FULFILLING  THE  REQUIREMENTS  OF THE E-LEARN FUND APPLICATION
 PROCESS PURSUANT TO ARTICLE NINE-A  OF  THE  EDUCATION  LAW,  THE  STATE
 EDUCATION DEPARTMENT SHALL:
   (A)  PROVIDE  INFORMATION  OBTAINED  PURSUANT  TO SECTION FOUR HUNDRED
 THIRTY-THREE OF THE EDUCATION  LAW  REGARDING  THOSE  ELIGIBLE  STUDENTS
 ALREADY  RECEIVING HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE
 OF THIS SECTION TO THE DEPARTMENT OF  PUBLIC  SERVICE  FOR  PURPOSES  OF
 SUBDIVISION FOUR OF THIS SECTION; AND
   (B)  COORDINATE  WITH  PUBLIC  SCHOOL DISTRICTS, BOARDS OF COOPERATIVE
 EDUCATIONAL SERVICES, THE NEW YORK CITY DEPARTMENT OF EDUCATION, NONPUB-
 LIC SCHOOLS, CHARTER SCHOOLS,  SPECIAL  ACT  SCHOOLS,  APPROVED  PRIVATE
 SCHOOLS SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE
 OR  EIGHTY-NINE OF THE EDUCATION LAW, STATE SUPPORTED SCHOOLS SUBJECT TO
 ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW,  AND  STATE  OPERATED  SCHOOLS
 SUBJECT  TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THE EDUCATION LAW AS
 APPLICABLE TO IDENTIFY  THOSE  ELIGIBLE  SCHOOLS  AND  SCHOOL  BUILDINGS
 ALREADY  RECEIVING HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE
 OF THIS SECTION, AND PROVIDE  SUCH  INFORMATION  TO  THE  DEPARTMENT  OF
 PUBLIC SERVICE FOR PURPOSES OF SUBDIVISION FIVE OF THIS SECTION.

 S. 9112                            11
 
   3.   THE  DEPARTMENT  SHALL  PROVIDE  INFORMATION  REGARDING  ELIGIBLE
 STUDENTS AND ELIGIBLE SCHOOLS OBTAINED FROM THE STATE EDUCATION  DEPART-
 MENT  PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION TO THE APPROPRIATE
 TELECOMMUNICATION  SERVICE  PROVIDERS  PROVIDING  HIGH-QUALITY  INTERNET
 ACCESS  TO  THE  APPLICABLE  ELIGIBLE  STUDENTS AND ELIGIBLE SCHOOLS FOR
 PURPOSES FULFILLING THE REQUIREMENTS OF SUBDIVISIONS FOUR  AND  FIVE  OF
 THIS SECTION.
   4. WITH RESPECT TO EACH ELIGIBLE STUDENT WHO WAS RECEIVING HIGH-QUALI-
 TY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS SECTION AND FOR WHOM
 A  GRANT  OF PERMISSION HAS BEEN RETURNED PURSUANT TO SUBDIVISION ONE OF
 SECTION FOUR HUNDRED THIRTY-THREE OF THE EDUCATION LAW, THE TELECOMMUNI-
 CATION SERVICE PROVIDER UNDER  CONTRACT  TO  PROVIDE  SUCH  HIGH-QUALITY
 INTERNET  ACCESS  SHALL,  IN  GOOD  FAITH, CONTINUE TO PROVIDE SUCH SAME
 SERVICE UNDER SUCH SAME CONTRACT, SUBJECT TO THOSE TERMS  OF  SUCH  SAME
 CONTRACT WHICH DO NOT ABROGATE THE PROVISIONS OF THIS SECTION. THE COSTS
 FOR SUCH HIGH-QUALITY INTERNET ACCESS SHALL BE REDUCED BY THE APPLICABLE
 TELECOMMUNICATION  SERVICE  PROVIDER  (BUT  NOT BELOW ZERO) BY AN AMOUNT
 EQUAL TO THE AVERAGE EXPENSE PER ELIGIBLE STUDENT OF PROVIDING  ELIGIBLE
 STUDENTS  WITH  HIGH-QUALITY  INTERNET  ACCESS  PURSUANT TO SECTION FOUR
 HUNDRED THIRTY-FOUR OF THE EDUCATION LAW.
   5. WITH RESPECT TO EACH ELIGIBLE SCHOOL WHICH WAS RECEIVING HIGH-QUAL-
 ITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS SECTION, THE  TELE-
 COMMUNICATION SERVICE PROVIDER UNDER CONTRACT TO PROVIDE SUCH HIGH-QUAL-
 ITY  INTERNET  ACCESS  SHALL CONTINUE TO PROVIDE SUCH SAME SERVICE UNDER
 SUCH SAME CONTRACT, SUBJECT TO THOSE TERMS OF SUCH SAME  CONTRACT  WHICH
 DO NOT ABROGATE THE PROVISIONS OF THIS SECTION. THE COSTS FOR SUCH HIGH-
 QUALITY  INTERNET ACCESS SHALL BE REDUCED BY THE APPLICABLE TELECOMMUNI-
 CATION SERVICE PROVIDER (BUT NOT BELOW ZERO) BY AN AMOUNT EQUAL  TO  THE
 AVERAGE  EXPENSE  PER ELIGIBLE SCHOOL OF PROVIDING ELIGIBLE SCHOOLS WITH
 HIGH-QUALITY INTERNET ACCESS PURSUANT TO SECTION  FOUR  HUNDRED  THIRTY-
 FIVE OF THE EDUCATION LAW.
   6.  NO TELECOMMUNICATION SERVICE PROVIDER MAY PASS THROUGH IN WHOLE OR
 IN PART AS A FEE, CHARGE, INCREASED SERVICE COST, OR BY ANY OTHER  MEANS
 TO  ANY  PERSON  OR  CUSTOMER THAT CONTRACTS WITH SUCH TELECOMMUNICATION
 SERVICE PROVIDER ANY COST INCURRED  BY  SUCH  TELECOMMUNICATION  SERVICE
 PROVIDER  IN  FULFILLING THE REQUIREMENTS OF SUBDIVISION FOUR OR FIVE OF
 THIS SECTION.
   7. NO TELECOMMUNICATION SERVICE PROVIDER MAY DISCRIMINATE OR OTHERWISE
 CONFER ADVANTAGE OR DISADVANTAGE IN RESPECT  OF  ITS  OBLIGATIONS  UNDER
 THIS  SECTION  ON  THE  BASIS OF WHETHER AN ELIGIBLE STUDENT OR ELIGIBLE
 SCHOOL HAS FAILED TO TIMELY MAKE ANY PAYMENTS UNDER A CONTRACT WITH SUCH
 TELECOMMUNICATION SERVICE PROVIDER.
   8. THE REQUIREMENTS OF THIS SECTION SHALL  NOT  BE  QUALIFIED  BY  THE
 DIFFICULTY  OR  COST  OF  REDUCING  THE COSTS OF ANY PARTICULAR ELIGIBLE
 STUDENT OR ELIGIBLE SCHOOL OR THE DIFFICULTY OR COST OF PROVIDING  HIGH-
 QUALITY  INTERNET  ACCESS TO ANY PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE
 SCHOOL, NOR SHALL ANY ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BE PRIORITIZED
 OVER ANY OTHER ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH
 DIFFICULTY OR COST.
   § 8. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  after exhaustion of all further judicial review, the judg-
 ment shall not affect, impair or invalidate the remainder  thereof,  but
 shall  be  confined in its operation to the clause, sentence, paragraph,
 section or part of this act directly  involved  in  the  controversy  in
 which the judgment shall have been rendered.

 S. 9112                            12

   §  9.  This act shall take effect immediately, and shall expire and be
 deemed repealed on the last day of the school year in which the state of
 emergency declared pursuant to executive order 202 of 2020 terminates.