Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 05, 2022 | referred to education |
Mar 02, 2021 | reported and committed to finance |
Jan 28, 2021 | referred to education |
senate Bill S3184
Relates to ensuring all children have access to the delivery of technology through high-quality broadband internet connectivity
Sponsored By
Shelley B. Mayer
(D, WF) 37th Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Mar 2, 2021 - Education committee Vote
S3184114committee11Aye4Nay0Aye with Reservations0Absent0Excused0Abstained
Co-Sponsors
Kevin S. Parker
(D, WF) 21st Senate District
John C. Liu
(D) 16th Senate District
Leroy Comrie
(D) 14th Senate District
Alessandra Biaggi
(D, WF) 0 Senate District
- view additional co-sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
Jamaal T. Bailey
(D) 36th Senate District
Jabari Brisport
(D, WF) 25th Senate District
John E. Brooks
(D) 0 Senate District
Samra G. Brouk
(D, WF) 55th Senate District
Jeremy A. Cooney
(D, WF) 56th Senate District
James Gaughran
(D) 0 Senate District
Michael Gianaris
(D, WF) 12th Senate District
Andrew Gounardes
(D) 26th Senate District
Pete Harckham
(D, WF) 40th Senate District
Michelle Hinchey
(D, WF) 41st Senate District
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Robert Jackson
(D, WF) 31st Senate District
Todd Kaminsky
(D) 0 Senate District
Anna M. Kaplan
(D, IP, WF) 0 Senate District
Brian Kavanagh
(D) 27th Senate District
Timothy M. Kennedy
(D, WF) 63rd Senate District
Liz Krueger
(D, WF) 28th Senate District
Rachel May
(D, WF) 48th Senate District
Zellnor Myrie
(D) 20th Senate District
Roxanne J. Persaud
(D) 19th Senate District
Jessica Ramos
(D, WF) 13th Senate District
Elijah Reichlin-Melnick
(D, WF) 0 Senate District
Gustavo Rivera
(D, WF) 33rd Senate District
Julia Salazar
(D, WF) 18th Senate District
James Sanders Jr.
(D) 10th Senate District
Diane J. Savino
(D, IP) 0 Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
José M. Serrano
(D, WF) 29th Senate District
James Skoufis
(D) 42nd Senate District
Toby Ann Stavisky
(D) 11th Senate District
Kevin Thomas
(D) 6th Senate District
S3184 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5180
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Add Art 9-A §§430 - 439, Ed L; add §186-h, Tax L; add §95-j, St Fin L; amd Art 11 Art Head, add §224-c, Pub Serv L
- Versions Introduced in 2019-2020 Legislative Session:
-
A11180
S3184 (ACTIVE) - Summary
Enacts the "E-Let's Expand Access to Remote Now (E-LEARN) Act" to ensure all children have access to the delivery of technology through high-quality broadband internet connectivity in support of the constitutional education obligations of the state; imposes assessments on telecommunications providers; creates a state fund to accomplish objectives.
S3184 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3184 SPONSOR: MAYER TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To ensure high-quality Internet access for every student and school in New York State during the COVID-19 pandemic by establishing the E-LEARN fund through an assessment on intrastate operating revenues of telecom- munication companies. SUMMARY OF PROVISIONS:
Section 1 sets the short title. Section 2 sets forth the legislative intent, which stipulates the need for broadband Internet connectivity to uphold the state's constitutional duty to provide for the maintenance and support of a system of free common schools, wherein all the children of the state may be educated, and approves the use of the state's police power to achieve such contin- ued constitutional duty. Section 3 provides for: 1. School districts, BOCES, the New York City Department of Education, certain charter schools, non-public schools, approved private schools, state supported schools, and state operated schools, and parents of homeschooled children to submit documentation to the state education department regarding the need for high-quality Internet access for students and schools currently lacking such service; 2. Equitable allocation of the E-LEARN fund by the state education department based on such criteria as the number of students served by each 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 by families for schools to use their contact information to obtain high-quality internet, the degree of need of each eligible school and their respective classrooms, and the differ- ent regional factors affecting the provision of high-quality internet access; 3. A process for school districts, BOCES, the New York City Department of Education, and certain schools to obtain information from students and their families as to whether they have high-quality internet access and permission from families of students to use their contact informa- tion to obtain high-quality Internet access on their behalf, or, for those with access already, to provide their contact information to their internet service provider for purposes of reducing their internet service costs; 4. Authorization for school districts, BOCES, the New York City Depart- ment of Education, and certain schools to enter into agreements to provide for high-quality internet access on behalf of their students who do not have such access; 5. Direction to school districts, BOCES, the New York City Department of Education, and certain schools to contract for high-quality internet access for those schools who do not have such access; 6. Reimbursement of costs, and payment of invoices, related to obtaining high-quality internet access in accordance with the E-LEARN Act out of the E-LEARN fund; 7. A requirement that efforts to achieve the objectives of the E-LEARN Act be made in coordination with community-based organizations; 8. Cooperation of certain third parties in the efforts of educational entities and their students to achieve the objective of securing high- quality Internet access for all eligible students; and 9. A prohibition against qualifying the requirements of the E-LEARN Act by reason of the difficulty or cost of providing high-quality internet access to particular students or schools. Section 4 amends the tax law to detail the duties of the department of taxation and finance with respect to assessing a quarterly charge on telecommunication service providers and transferring collected amounts to the comptroller to be deposited in the E-LEARN fund. Section 5 amends the state finance law to establish the E-LEARN fund and details how it shall be administered. Section 6 amends the heading of article 11 of the public service law to include telecommunication service providers. Section 7 amends the public service law to require telecommunication service providers, based on information provided by the state education department to the department of public service which is then conveyed to the telecommunication service providers, to reduce their invoices for students and schools who already have the benefit of high-quality inter- net access in an amount equal to the average cost of providing high- quality internet access to those students and schools who receive such high-quality internet access as a result of the E-LEARN Act. Section 9 provides for severability. Section 10 provides for the term of effectiveness. JUSTIFICATION: The COVID-19 pandemic has stymied traditional education in New York. Despite heroic efforts on the parts of teachers, students, families, school administrators, community organizations, state officials, and others, the forced transition to remote and hybrid learning has been too swift and too underfunded to permit learning that achieves the state's objectives and the mandate to serve every student. In particular, the lack of broadband connectivity, both for students and schools, has thwarted remote learning efforts and exacerbated the "digital divide." A groundswell of stories from students, families, teachers, and school officials offer a stark picture of how inadequate Internet access has affected students' learning and wellbeing (see, e.g., the New York Times article "These Families Feel Forgotten as N.Y.C. Pushes to Open Schools" by Eliza Shapiro, September 14, 2020 and the Daily News article "NYC students in homeless shelters still can't get on the Internet even after city switches cellular providers: advocates" by Noah Goldberg and Micha- el Elsen-Rooney and, in Politico, "Legal Aid threatens to sue city over lack of internet access for homeless students" by Janaki Chadha, October 9, 2020). In addition, a host of studies, including those by Common Sense and Boston Consulting Group ("Closing the K-12 Digital Divide in the Age of Distance Learning") and McKinsey ("COVID-19 and student learning in the United States: The hurt could last a lifetime") detail the significant challenges faced by those students without high-quality internet access, and the widespread and enduring nature of the ensuing consequences. Press investigations and public-interest group reports have detailed that these difficulties are felt most acutely by students of color, low-income families, students in homeless shelters, and those who reside in rural parts of the state (see, e.g., the Daily News arti- cle "Majority Black & Latino NYC schools saw lower remote learning attendance last spring: analysis" by Michael Elsen-Rooney, October 15, 2020). The situation calls for extraordinary measures. This bill recognizes the immediate and long-term threats poed to our children by requiring tele- communication companies to step up and provide their services to those in need for free. This type of shared sacrifice is what is needed to get us through the crisis, and without it, the magnitude of the consequences will plague our state for years to come. The mechanism in the bill for achieving this end is narrowly tailored to address the argument that federal preemption overrides the state's ability to regulate many aspects of telecommunication companies' businesses. Using an assessment on telecommunication companies' intrastate revenue to create the E-LEARN fund ensures that the amounts utilized to ensure high-quality internet for unserved students and schools are specific to New York State and are not of interstate concern. Moreover, the threat of failing to fulfill the mandate set forth in Article XI of the state Constitution, that "The Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of the state may be educated" obligates us to invoke the state's police power to sustain adequate learning during the COVID-19 pandemic. Such power shall be used to require telecommunications companies to reduce invoices on existing internet service to students and schools who already have broadband connectivity, thus treating equitably all students and schools. Upon creation of the E-LEARN fund, school districts, BOCES, the NYC Department of Education, and eligible schools report internet connectiv- ity needs to the state education department, which shall then allocate amounts in the E-LEARN fund in an equitable fashion based on a variety of pertinent criteria. These educational entities, in collaboration with community organizations and other third parties as necessary, then enter into contracts with telecommunication companies for internet service and take such other steps as shall be necessary to provide high-quality internet access to those students and schools without it. Out of the E-LEARN fund, and at the direction of the state education department, the comptroller will reimburse costs incurred and pay invoices for the services obtained. The E-LEARN program will continue throughout any school year in which the COVID-19 emergency declaration continues in effect. Recognizing that more challenges lie ahead and that this bill is not the solution to all education connectivity issues, this approach imposes time-limited obligations to stem the tide of educational losses caused by the sudden shift to remote learning. An effort at this scale will give students and their families hope that they can emerge from the pandemic having sustained the learning that is central to their lives. PRIOR LEGISLATIVE HISTORY: 2020: 59112 Referred to Rules FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect immediately and shall terminate on the last day of the school year in which the state of emergency declared pursuant to executive order 202 of 2020 terminates.
S3184 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3184 2021-2022 Regular Sessions I N S E N A T E January 28, 2021 ___________ Introduced by Sens. MAYER, PARKER, LIU, COMRIE, BIAGGI, ADDABBO, BAILEY, BROOKS, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACK- SON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, MAY, PERSAUD, REICHLIN-MELNICK, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SKOUF- IS, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Education 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02813-01-1
S. 3184 2 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 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. S. 3184 3 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 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 S. 3184 4 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. 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 S. 3184 5 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 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 S. 3184 6 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, 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 S. 3184 7 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 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. S. 3184 8 § 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 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 S. 3184 9 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 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. S. 3184 10 § 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 § 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 S. 3184 11 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. 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- S. 3184 12 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. § 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.
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