S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11180
 
                           I N  A S S E M B L Y
 
                             December 4, 2020
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17541-07-0

 A. 11180                            2
 
   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
 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:

 A. 11180                            3

                                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.
   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

 A. 11180                            4

 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
 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-

 A. 11180                            5
 
 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,
 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

 A. 11180                            6
 
 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
 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.

 A. 11180                            7
 
   §  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
 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. 11180                            8
 
   (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
 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

 A. 11180                            9
 
 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
   §  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

 A. 11180                           10
 
 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.
   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.

 A. 11180                           11
 
   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.
   § 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.