S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7790
 
                             I N  S E N A T E
 
                             February 23, 2018
                                ___________
 
 Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to providing for security
   hardware and software safety technology
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph c of subdivision 2 of section 753 of the educa-
 tion law, as added by section 7-a of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   c. "Technology equipment", for the purposes  of  this  article,  shall
 mean  (1)  equipment  with  a useful life used in conjunction with or in
 support of educational programs including  but  not  limited  to  video,
 solar  energy, robotic, satellite, laser and such other equipment as the
 commissioner shall approve OR, (2) SECURITY AND SAFETY HARDWARE TECHNOL-
 OGY provided that expenses for the purchase or lease of  such  equipment
 shall  not  be eligible for aid under any other provisions of this chap-
 ter.
   § 2. Subdivisions 1 and 2 of section 751 of the education law,  subdi-
 vision 1 as added by chapter 53 of the laws of 1984 and subdivision 2 as
 amended  by section 3 of part A-1 of chapter 58 of the laws of 2011, are
 amended to read as follows:
   1. In the several cities and school districts of the state, boards  of
 education, trustees or such body or officers as perform the functions of
 such boards, shall designate software programs to be used in conjunction
 with  computers  of  the school district OR IN CONJUNCTION WITH SECURITY
 AND SAFETY TECHNOLOGY PLATFORMS.
   2. A software program, for the purposes of this article shall mean (a)
 a computer program which a pupil is required to use as a learning aid in
 a particular class in the school the pupil legally attends, or  (b)  for
 expenses incurred after July first, two thousand nine, any content-based
 instructional  materials  in  an electronic format that are aligned with
 state standards which are accessed or  delivered  through  the  internet
 based  on  a  subscription  model.  Such electronic format materials may
 include a variety of media assets and learning tools,  including  video,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14889-01-8

 S. 7790                             2
 
 audio,  images,  teacher guides, and student access capabilities as such
 terms are defined in the regulations of the commissioner.  For  expenses
 incurred on or after July first, two thousand eleven, a software program
 shall  also mean SECURITY AND SAFETY SOFTWARE TECHNOLOGY INCLUDING items
 of expenditure that  are  eligible  for  an  apportionment  pursuant  to
 sections  seven  hundred  one, seven hundred eleven and/or seven hundred
 fifty-three of this title, where such items are designated by the school
 district as eligible for aid pursuant to this section, provided,  howev-
 er,  that  if aided pursuant to this section, such expenses shall not be
 aidable pursuant to any other section of law.
   § 3. Subdivision 6-c of section 3602 of the education law, as  amended
 by  chapter  1 of the laws of 2013, paragraph b as amended by section 23
 of part YYY of chapter 59 of the laws of 2017, is  amended  to  read  as
 follows:
   6-c.  a. Building aid for metal detectors, SECURITY HARDWARE AND SOFT-
 WARE SAFETY TECHNOLOGY, and safety  devices  for  electrically  operated
 partitions,  room  dividers and doors. In addition to the apportionments
 payable to a  school  district  pursuant  to  subdivision  six  of  this
 section,  the  commissioner  is  hereby  authorized  to apportion to any
 school district additional building aid pursuant to this subdivision for
 its approved expenditures in the base year for the purchase of  station-
 ary  metal  detectors,  security cameras, SECURITY HARDWARE AND SOFTWARE
 SAFETY TECHNOLOGY, AND safety devices for electrically  operated  parti-
 tions and room dividers required pursuant to section four hundred nine-f
 of  this chapter, or other security devices approved by the commissioner
 that increase the safety of students  and  school  personnel,  provided,
 however,  that  funds  apportioned  to school districts pursuant to this
 section shall not supplant funds for existing district  expenditures  or
 for  existing  contractual  obligations  of  the district for stationary
 metal detectors, security cameras, SECURITY HARDWARE AND SOFTWARE SAFETY
 TECHNOLOGY, AND partition and room divider safety devices,  or  security
 devices.    Portable  or hand held metal detectors shall not be eligible
 for aid pursuant to this subdivision. Such additional  aid  shall  equal
 the  product  of  the building aid ratio computed for use in the current
 year pursuant to paragraph c of subdivision six of this section and  the
 actual  approved expenditures incurred in the base year pursuant to this
 subdivision, provided that the limitations on cost allowances prescribed
 by paragraph a of subdivision six of this section shall not  apply.  The
 commissioner shall annually prescribe a special cost allowance for metal
 detectors, and security cameras, and the approved expenditures shall not
 exceed  such cost allowance. The commissioner shall annually prescribe a
 special cost allowance for partition and room  divider  safety  devices,
 and the approved expenditures shall not exceed such cost allowance.
   b.  For  projects  approved  by the commissioner authorized to receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary metal detectors, security cameras or other  security  devices
 approved  by  the  commissioner that increase the safety of students and
 school personnel, provided that for  purposes  of  this  paragraph  such
 other  security  devices shall be limited to electronic security systems
 and hardened doors, and provided  that  for  projects  approved  by  the
 commissioner  on  or  after  the first day of July two thousand thirteen
 [and before the first day of July two thousand eighteen] AND  THEREAFTER
 such  additional  aid  shall  equal  the product of (i) the building aid
 ratio computed for use in the current year pursuant to  paragraph  c  of
 subdivision  six of this section plus ten percentage points, except that
 in no case shall this amount exceed one hundred percent,  and  (ii)  the

 S. 7790                             3
 
 actual  approved expenditures incurred in the base year pursuant to this
 subdivision, provided that the limitations on cost allowances prescribed
 by paragraph a of subdivision six of this section shall not  apply,  and
 provided  further  that  any projects aided under this paragraph must be
 included in a district's school  safety  plan.  The  commissioner  shall
 annually  prescribe  a  special  cost allowance for metal detectors, and
 security cameras, and the approved expenditures shall  not  exceed  such
 cost allowance.
   § 4. This act shall take effect immediately.