S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4992
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09181-01-3
              

 S. 4992                             2
 
 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,
 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 11
 of part CCC of chapter 59 of the laws of 2018, 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 twenty-three] EVERY YEAR
 THEREAFTER such additional aid shall equal the product of (i) the build-
 S. 4992                             3
 
 ing 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  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.