2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 7 - Commissioner of Education › 318 - Distribution of Surplus Computers.

§  318.  Distribution of surplus computers. 1. General definitions. As
used in this section:
(a) "Computer" means a computer central  processing  unit  (CPU)  and,
where attached to a CPU, such computer cases, computer memory, cards and
other peripheral devices as may reasonably be viewed functionally as one
unit.
(b) "Computer software" means executable computer programs and related
data  files  on  computer-related  media,  including  but not limited to
floppy disks, hard disks,  optical  and  magneto-optical  computer  data
storage devices.
(c)  "Computer equipment" means computers, computer memory, cards, and
associated peripheral devices, including but not limited to floppy  disk
drives,  hard disk drives, printers, modems, computer-related cables and
networking devices, scanners, computer monitors and computer software.
2. The commissioner and the commissioner of  general  services  shall,
within one hundred eighty days of the effective date of this section, in
consultation  with  members of the computer industry, representatives of
school  boards  associations,  and  teachers'   organizations,   develop
guidelines by which the monetary value of surplus computer equipment can
be compared with its potential educational value, in order to assist the
commissioner  of general services to implement the provisions of section
one hundred sixty-eight of the state finance law.
3. The commissioner shall, within  one  hundred  eighty  days  of  the
effective  date  of this section, and with the advice and counsel of the
office of general services:
(a) develop guidelines governing distribution of state  owned  surplus
computer  equipment  to learning institutions involved in the repair and
restoration of such computer equipment; such guidelines  shall  identify
technical  educational  programs  in the colleges and schools within the
state with the capacity to repair and  restore  computer  equipment  and
which may use the repair of such equipment in the technological training
of their students;
(b)  develop  guidelines  under  which  repaired and restored computer
equipment shall be  equitably  distributed,  subject  to  the  following
guidelines:
(i)  distribution  of  state-owned surplus computer equipment shall be
provided to public schools, the division for  youth,  public  libraries,
and  other  public and private institutions for secular educational use,
and  to  not-for-profit  institutions  for  use  by   individuals   with
disabilities, upon proof of need, and subordinate to the requirements of
the  public  schools,  the  division for youth and libraries of New York
state;
(ii) distribution of surplus computer  equipment  shall  be  based  on
competitive  proposals  from schools, the division for youth, libraries,
and  other  public  and  private  educational   programs   for   secular
educational  use,  including not-for-profit institutions serving persons
with disabilities, which shall demonstrate need and specific  plans  for
the use of such equipment; and
(iii)  the  department  shall  assist  applicants  in  preparing  such
proposals.
4. (a) The commissioner is hereby authorized to seek and to accept the
transfer of title of surplus computer  equipment  of  educational  value
from  agencies  of the state and from the office of general services for
further distribution consistent with the purposes of  this  section  and
pursuant to the guidelines developed under subdivisions two and three of
this  section.  Such  distribution  shall  be performed by the office of
general  services  upon   the   request   of   the   commissioner.   Any

transportation  costs for shipping such surplus equipment shall be borne
by the office of general services.
(b)   The  department  shall  periodically  distribute  copies  of  an
inventory  of  surplus  computer  equipment  that   is   available   for
distribution  contemplated  by  this section to educational institutions
under its supervision and to such other institutions as the commissioner
shall have designated, and make it known  that  those  institutions  may
submit  proposals  to  obtain  such  computer equipment. Upon a proposal
having been approved pursuant to this section,  the  office  of  general
services shall deliver such computer equipment to the recipient pursuant
to paragraph (c) of this subdivision.
(c)  The  office of general services may charge reasonable fees to the
final recipients of such computer equipment for shipping  and  handling,
including  costs  associated  with  shipping  such computer equipment to
institutions authorized pursuant to this section to  repair  or  restore
such  computer  equipment,  provided  that  such  fees  shall not exceed
one-half the value of the computer equipment as determined  pursuant  to
subdivision  two of this section, provided that such fees are published,
updated, and distributed with the inventories  to  the  department,  and
provided that requests for proposals for such computer equipment contain
a  summary  of  accompanying  fees. Nothing herein shall be construed to
prohibit such institutions involved in the  repair  and  restoration  of
such  computer equipment from arranging for the shipping and handling of
such computer equipment to and/or from such institution on its own.
5. The commissioner  may  accept  any  and  all  donations  of  money,
equipment,  supplies,  materials  or  services,  from  any person, firm,
association, foundation, or corporation, and may receive and utilize the
same in fulfilling the purposes and  provisions  of  this  section.  Any
donation  so  accepted  shall  be  reported  in  the  report required by
subdivision six of this section. Such report shall  include  the  nature
and  amount of the donation and the identity of each donor, except where
such donor has requested anonymity in writing.
6. The commissioner shall:
(a) Keep  inventory  of  computer  equipment  distributed  under  this
section  to  educational facilities based on information provided to the
commissioner by the office of general services; and
(b) In collaboration with the commissioner of general services, report
every two years to the governor, the temporary president of the  senate,
the  speaker  of  the  assembly,  the  inspector  general  and the state
comptroller. The initial report shall be submitted on the first of July,
not more than two years after the date on which this section shall  have
become  law.  The  report  shall  include  but not be limited to current
inventories of surplus computer  equipment  in  the  possession  of  the
department and of the office of general services, inventories of surplus
computer   equipment   that   have   been   distributed  to  educational
institutions, summaries  of  requests  and  deliveries  to  the  various
institutions,  the  criteria  used  in  determining  which  institutions
received what equipment, and recommendations for more effective means of
carrying out their duties under this section.
7. To promote the purposes of this  section,  the  commissioner  shall
examine  alternative  methods  for  service, repair, and distribution of
computer equipment  and  may  apply  for  and  utilize  such  state  and
federally  funded  programs  as may appear effective and consistent with
the purposes of this section. Any grant or services accepted under  this
part  shall  be  reported in the biennial report required by subdivision
six of this section. Such report shall include the  nature,  amount  and
source of each grant or services.
8.   Nothing  in  this  section  shall  limit  the  authority  of  the
commissioner or  the  commissioner  of  general  services  to  establish
mechanisms  by which donated or state-owned surplus property that is not
computer  equipment,  but  has  educational  usefulness  for   enhancing
technological  and  scientific  literacy  that substantially exceeds its
monetary value, may be provided to public and private  institutions  for
educational use.
9.  In  developing and carrying out guidelines under this section, the
commissioner of general services and the commissioner shall ensure  that
software  will not be transferred pursuant hereto if such transfer would
cause  a  breach  of  a  computer  software  license  agreement  or   an
infringement of a copyright.