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.