New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 21 - Textbooks › Section 21.3 - Lending procedures for computer software and instructional computer hardware

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Lending procedures for computer software.
(1)
				Computer software programs means prepared educational programs which are
				subject- oriented for use by students in conjunction with computers. The
				following items shall not be considered to constitute computer software
				programs for the purpose of this section: microcomputers, blank diskettes,
				cassettes or tapes, chips, computer correction devices, consoles, cords, disk
				drives and other similar items of hardware.
(2) Pupils enrolled in grades kindergarten
				through 12 in schools in New York State may borrow computer software programs
				designated for use in any public elementary or secondary school in the State of
				New York or approved by any school board. Such computer software programs shall
				be required for use as a learning aid in a particular class or program.
				Computer software programs which are religious in nature or content shall not
				be purchased or loaned by a school district.
(3) Computer software programs shall be
				loaned upon the individual written request of nonpublic school students, but
				such requests shall not be required of public school students. Such requests
				may be presented directly to the lending district or, with the consent of such
				district, to an appropriate official of the nonpublic school which the student
				attends. The form of request used by a lending district may provide for a
				guarantee by a parent or guardian for the return of such software or, in the
				case of loss or damage, for payment of the value thereof.
(4) Computer software programs owned or
				acquired by a school district pursuant to section 752  of the Education Law shall be available
				on an equitable basis to all eligible pupils enrolled in grades kindergarten
				through 12 in public and nonpublic schools within the district, and to pupils
				with handicapping conditions residing in such district who attend programs
				under the provisions of paragraphs c, e, g, i and l of subdivision 2 of section 4401  of
				the Education Law, shall remain the property of the lending district and shall
				bear an identifying label. The school authorities of each district shall
				establish lending procedures which apply to pupils in public and nonpublic
				schools, and shall inform the authorities of such schools of these
				procedures.
(5) All computer
				software programs shall be returned to the official designated by the lending
				district as the custodian thereof upon the request of such official. A lending
				district may agree that such software may be stored upon the property of a
				nonpublic school, in which event the lending district shall furnish the
				nonpublic school with an inventory of the software loaned to the individual
				students attending such school and the nonpublic school authorities shall
				advise the lending district of any software which has not been returned, with
				the name and last known address of the borrower.
(6) Computer software programs shall be
				loaned free to all eligible pupils. No charges, except as provided for in
				paragraph (3) of this subdivision, may be levied against individual pupils,
				parents or schools for the cost of computer software programs or for
				expenditures related to freight, postage, distribution, storage, recordkeeping
				or administration.
(7) Each
				district may include in its report of expenditures the purchase price of the
				computer software programs purchased, including the cost of freight or postage
				for transporting such software from the vendor to the district. Expenditures
				relating to distribution, storage, recordkeeping or administration may not be
				included for computer software aid purposes.
(8) Public school districts shall maintain a
				separate record of expenditures incurred from State aid received pursuant to
				Education Law, section
				751, and this section.