In analyzing Art. See Murphy v. A program that has a combined school and private commercial purpose may pass constitutional muster, provided that the private commercial benefit is only incidental to the greater school purpose. Equal Access . A plan to provide computer technology may also implicate issues of equal access.
Every child is entitled under the State Constitution to a free public education.
If computers are an integral part of the district's instructional program, they should be made available equally, to all students in the district's instructional program, free of charge. Rapidly changing technology will ensure a constant flow of new questions and challenges. The Department is engaging these emerging issues so that we may provide school districts with additional legal and programmatic guidance in the future. Questions on the analysis provided herein should be directed to your school attorney.