Bill Text: NY S03184 | 2021-2022 | General Assembly | Introduced
Bill Title: Enacts the "E-Let's Expand Access to Remote Now (E-LEARN) Act" to ensure all children have access to the delivery of technology through high-quality broadband internet connectivity in support of the constitutional education obligations of the state; imposes assessments on telecommunications providers; creates a state fund to accomplish objectives.
Spectrum: Partisan Bill (Democrat 37-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S03184 Detail]
Download: New_York-2021-S03184-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3184 2021-2022 Regular Sessions IN SENATE January 28, 2021 ___________ Introduced by Sens. MAYER, PARKER, LIU, COMRIE, BIAGGI, ADDABBO, BAILEY, BROOKS, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACK- SON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, MAY, PERSAUD, REICHLIN-MELNICK, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SKOUF- IS, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, the tax law, the state finance law and the public service law, in relation to ensuring all children have access to the delivery of technology through high-quality broadband internet connectivity in support of the constitutional education obli- gations of the state; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "E-Let's Expand Access to Remote Now (E-LEARN) Act". 3 § 2. Legislative intent. The legislature hereby finds and declares 4 that the COVID-19 pandemic has plagued the health, economy and education 5 systems throughout New York and impacted the livelihood of every resi- 6 dent of the state with an extensive, protracted and disproportionate 7 impact on students in every region. 8 The legislature further finds the unprecedented closure of school 9 buildings for the last quarter of the 2019-20 school year coupled with 10 increasing COVID-19 public health and safety concerns throughout the 11 summer and into the beginning of the 2020-21 school year have continued 12 to present logistical challenges for the delivery of education and 13 support services especially for students who are living in poverty. 14 The legislature further finds Article XI of the New York state Consti- 15 tution which stipulates 'The Legislature shall provide for the mainte- 16 nance and support of a system of free common schools, wherein all the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02813-01-1S. 3184 2 1 children of the state may be educated' must be continuously upheld even 2 throughout the ensuing pandemic period. 3 The legislature further finds schools across the state had to quickly 4 implement technological programs and devices to deliver remote learning 5 options to students during the closed down period and many schools are 6 required to, or are requested to, continue distance learning modality as 7 an instructional delivery model. 8 The legislature further finds lack of high-quality internet access has 9 had and continues to have a disequalizing impact on children who are 10 poor, homeless and without the resources to support their educational 11 needs. 12 The Legislature further finds it is a state imperative to ensure all 13 children have access to the delivery of technology through high-quality 14 broadband internet connectivity in order to meet the State's constitu- 15 tional requirement and maintain a system of free common schools. 16 The legislature further finds that high-speed internet access, common- 17 ly referred to as broadband internet, can be achieved through utiliza- 18 tion of a variety of technologies, including wired infrastructure via 19 fiber optic cable, and through wireless technologies such as fixed wire- 20 less internet and satellite internet, and that taking advantage of all 21 available and evolving technologies can enable communities currently 22 without wired infrastructure to nonetheless improve access to high qual- 23 ity internet until such time as wired infrastructure is made universally 24 available. 25 The legislature further finds that almost every sector of New York's 26 economy, democracy, and society depends on widespread, high-quality 27 internet access that supports vital functions regulated under the police 28 power of the state. 29 The legislature further finds that while the internet is an interstate 30 resource, the essential support it provides for innumerable municipal 31 and state operations, vital business and community service, delivery of 32 educational programs and services and daily interactions between the 33 people of New York and their governments are of state concern. 34 The legislature further finds that while the operations of telecommu- 35 nication service providers must be subject to state oversight, they also 36 must be protected from undue restraint and regulation so as to assure 37 optimum technology and maximum availability in this state as rapidly as 38 economically and technically feasible. 39 The legislature further finds that telecommunication service provid- 40 ers, notwithstanding their unique attributes, are part of an increasing- 41 ly integrated telecommunications industry, the soundness of which is 42 essential, not only to education, but also to the state's economic 43 growth and general welfare, and portions of whose business are wholly 44 intrastate. 45 The legislature further finds that there is a need for one or more 46 state agencies to determine state internet access policy as it relates 47 to the education of the state's students during the COVID-19 pandemic, 48 ensure that telecommunication service providers provide adequate, 49 economical and efficient service to students and schools, and oversee, 50 consonant with federal regulations and statutes, the availability of 51 high-quality internet access during the COVID-19 pandemic in support of 52 the constitutional education obligations of the state. 53 The legislature further finds that it is necessary to establish a 54 competitively-neutral funding mechanism to provide the resources neces- 55 sary to assure and maintain satisfaction of the constitutional education 56 obligations of the state.S. 3184 3 1 Therefore, be it resolved, that, the legislature hereby approves the 2 use of the police power inherent in the state of New York to protect and 3 promote the safety, life, public health, public convenience, general 4 prosperity, and well-being of society, and the welfare of the state's 5 population and economy, as necessary to satisfy the provisions of Arti- 6 cle XI of the New York state Constitution to provide a free public 7 education pursuant to the E-Let's Expand Access to Remote Now (E-LEARN) 8 act, as defined in this act. 9 § 3. The education law is amended by adding a new article 9-A to read 10 as follows: 11 ARTICLE 9-A 12 E-LEARN PROGRAM 13 Section 430. Definitions. 14 431. Application for allocation from the E-LEARN fund. 15 432. Allocation of E-LEARN funds. 16 433. Grant of permission for use of information. 17 434. Provision of high-quality internet access to eligible 18 students. 19 435. Provision of high-quality internet access to eligible 20 schools. 21 436. Payment of costs and expenses. 22 437. Collaboration. 23 438. Cooperation of third parties. 24 439. Requirements. 25 § 430. Definitions. For the purposes of this article: 26 1. "Broadband internet access service" means a service provided by 27 wire or radio in New York state that provides the capability to transmit 28 data to, and receive data from, all or substantially all internet 29 endpoints, including any capabilities that are incidental to and enable 30 the operation of the communications service, but excluding dial-up 31 internet access service. Broadband internet access service also encom- 32 passes any service provided in New York that provides a functional 33 equivalent of that service or that is used to evade the provisions set 34 forth in this article. 35 2. "Chancellor" means the chancellor of the New York city department 36 of education. 37 3. "Department" means the education department of the state of New 38 York. 39 4. "Eligible school" means a public school including a school operated 40 by a board of cooperative educational services, non-public school, char- 41 ter school, special act school, approved private school serving students 42 with disabilities subject to article eighty-one or eighty-nine of this 43 chapter, state supported school subject to article eighty-five of this 44 chapter, or state operated school subject to article eighty-seven or 45 eighty-eight of this chapter, in each case serving students between five 46 and twenty-one years of age. 47 5. "Eligible student" means a student who is a resident of the state 48 between five and twenty-one years of age who is enrolled in an eligible 49 school or who is provided home instruction in compliance with part one 50 of article sixty-five of this chapter and applicable regulations. 51 6. "High-quality internet access" means, with respect to broadband 52 internet access service provided to an eligible student, uninterrupted 53 broadband internet access service which is not limited to one or more 54 particular devices and which provides actual and stable download speeds 55 of at least 25 megabits per second (Mbps) and upload speeds of at least 56 3 Mbps at all times throughout the applicable school year, and, withS. 3184 4 1 respect to broadband internet access service provided to an eligible 2 school, actual and stable download speeds of at least 1 Mbps per 3 enrolled student and upload speeds of at least 1 Mbps per enrolled 4 student at all times throughout the applicable school year. 5 7. "Telecommunication service provider" means a business that provides 6 broadband internet access service in the state. 7 § 431. Application for allocation from the E-LEARN fund. 1. Each 8 public school district with respect to eligible schools under the juris- 9 diction of such public school district, board of cooperative educational 10 services with respect to eligible schools under the jurisdiction of such 11 board of cooperative educational services, non-public school, charter 12 school, approved private school serving students with disabilities 13 subject to article eighty-one or eighty-nine of this chapter, state 14 supported school subject to article eighty-five of this chapter, or 15 state operated school subject to article eighty-seven or eighty-eight of 16 this chapter is hereby directed to submit documentation to the depart- 17 ment of the requirements necessary to satisfy the provisions of sections 18 four hundred thirty-four and four hundred thirty-five of this article. 19 Each such public school district, board of cooperative educational 20 services or school, as applicable, shall make application within forty- 21 five days of the effective date of this article to the department 22 setting forth such requirements, and annually thereafter before August 23 first. 24 2. The chancellor is hereby directed to submit documentation to the 25 department of the requirements necessary to satisfy the provisions of 26 sections four hundred thirty-four and four hundred thirty-five of this 27 article with respect to eligible schools under the jurisdiction of the 28 New York city department of education and eligible students enrolled in 29 such eligible schools. The chancellor shall make application to the 30 department within ninety days of the effective date of this article 31 setting forth such requirements of such eligible schools, and annually 32 thereafter before August first. 33 3. The person in parental relation to each eligible student who is 34 providing home instruction in compliance with part one of article 35 sixty-five of this chapter and applicable regulations is hereby directed 36 to submit documentation to the department of the requirements necessary 37 to satisfy the provisions of sections four hundred thirty-four and four 38 hundred thirty-five of this article with respect to such eligible 39 students. Such person in parental relation shall make application to the 40 department within forty-five days of the effective date of this article 41 setting forth such requirements of such eligible school, and annually 42 thereafter before August first. 43 § 432. Allocation of E-LEARN funds. The commissioner shall determine 44 criteria for allocation of moneys from the E-LEARN fund to public school 45 districts, boards of cooperative educational services, the New York city 46 department of education, non-public schools, charter schools, special 47 act schools, approved private schools serving students with disabilities 48 subject to article eighty-one or eighty-nine of this chapter, state 49 supported school subject to article eighty-five of this chapter, state 50 operated school subject to article eighty-seven or eighty-eight of this 51 chapter, and persons in parental relation to eligible students who are 52 providing home instruction in compliance with part one of article 53 sixty-five of this chapter and applicable regulations for achieving 54 equitable access to remote learning resources for eligible students and 55 eligible schools pursuant to sections four hundred thirty-four and four 56 hundred thirty-five of this article. Such criteria shall include but notS. 3184 5 1 be limited to the number of eligible students at each eligible school, 2 the degree to which multiple eligible students are members of the same 3 household and reside at the same residence, the response rate of grants 4 of permission pursuant to section four hundred thirty-three of this 5 article, the degree of need of each eligible school and their respective 6 classrooms, and, subject to section four hundred thirty-seven of this 7 article, the different regional factors affecting the provision of high- 8 quality internet access. 9 § 433. Grant of permission for use of information. Notwithstanding 10 section two-d of this chapter, public school districts, boards of coop- 11 erative education, the chancellor, charter schools, non-public schools, 12 approved private schools serving students with disabilities subject to 13 article eighty-one or eighty-nine of this chapter, state supported 14 schools subject to article eighty-five of this chapter, or state oper- 15 ated schools subject to article eighty-seven or eighty-eight of this 16 chapter, shall provide to eligible students or their families, as appro- 17 priate, a form requesting information as to whether the eligible student 18 had high-quality internet access as of the effective date of this 19 section and continues to have high-quality internet access, and if such 20 student had high-quality internet access as of such date and continues 21 to have high-quality internet access, the name of the current provider 22 of such high-quality internet service, and in either case requesting 23 permission for the use of names and contact information of such students 24 or families, as appropriate, for purposes of entering into agreements to 25 provide such eligible students with high-quality internet access in 26 accordance with this article or for purposes of the reduction in costs 27 pursuant to subdivision three of section two hundred twenty-four-c of 28 the public service law. Such form of request shall be in a form, and 29 distributed and collected, in such manner as the applicable public 30 school district, board of cooperative educational services, the chancel- 31 lor, or eligible school, as applicable, may deem appropriate; provided, 32 however, that use of information provided shall be limited to use of 33 only such personally identifiable information as shall be necessary to 34 satisfy the requirements of this article and subdivision three of 35 section two hundred twenty-four-c of the public service law. Such form 36 of request shall be provided to eligible students, or their families, as 37 appropriate, no later than fifteen days after the effective date of this 38 article, and shall be translated in the predominant languages other than 39 English of eligible students and their families served by such eligible 40 schools. 41 § 434. Provision of high-quality internet access to eligible students. 42 1. (a) Upon approval of the allocations of the E-LEARN fund pursuant to 43 section four hundred thirty-two of this article each public school 44 district with respect to eligible schools under the jurisdiction of such 45 public school district, board of cooperative educational services with 46 respect to eligible schools under the jurisdiction of such board of 47 cooperative educational services, non-public school, charter school, 48 approved private school serving students with disabilities subject to 49 article eighty-one or eighty-nine of this chapter, state supported 50 school subject to article eighty-five of this chapter, and state oper- 51 ated school subject to article eighty-seven or eighty-eight of this 52 chapter shall be authorized to enter into agreements to provide each 53 eligible student enrolled at an eligible school who did not have high- 54 quality internet access as of the effective date of this article and 55 continues to lack high-quality internet access, and for whom a grant of 56 permission has been returned pursuant to this section, with high-qualityS. 3184 6 1 internet access on a continual basis at the residence of such eligible 2 student, whether such residence is temporary or permanent, in such 3 manner as shall be deemed appropriate by such public school district, 4 board of cooperative educational services, or eligible school, as appro- 5 priate; and 6 (b) The chancellor shall be authorized to enter into agreements to 7 provide each eligible student enrolled at an eligible school under the 8 jurisdiction of the New York city department of education who did not 9 have high-quality internet access as of the effectiveness of this arti- 10 cle and continues to lack high-quality internet access, and for whom a 11 grant of permission has been returned pursuant to this section, with 12 high-quality internet access on a continual basis at the residence of 13 such eligible student, whether such residence is temporary or permanent, 14 in such manner as shall be deemed appropriate by the chancellor. 15 2. In satisfying the requirements of subdivision one of this section, 16 public school districts, boards of cooperative educational services, the 17 chancellor and the eligible schools set forth in subdivision one of this 18 section are authorized and directed to coordinate the provision of high- 19 quality internet access in collaboration with community-based organiza- 20 tions, the office for people with developmental disabilities, the office 21 of children and family services, the state university of New York, the 22 department of corrections and community supervision, the office of 23 temporary and disability assistance, the department of health, and such 24 other persons or entities as may be appropriate, including parties with 25 an interest in the residence of an eligible student, such as homeless 26 shelters, landlords, and manufactured home parks. 27 § 435. Provision of high-quality internet access to eligible schools. 28 Upon approval of the allocation of the E-LEARN fund pursuant to section 29 four hundred thirty-two of this article: 30 1. Each public school district shall contract for high-quality inter- 31 net access on a continual basis at each school district building and for 32 all eligible schools under such public school district's jurisdiction 33 sufficient to support all instructional and administrative operations of 34 such public school district and such eligible schools to the extent that 35 such buildings and eligible schools did not have high-quality internet 36 access as of the effective date of this article and continue to lack 37 high-quality internet access; 38 2. Each board of cooperative educational services shall contract for 39 high-quality internet access on a continual basis at each such board of 40 cooperative educational services building and for all eligible schools 41 under such board of cooperative educational services' jurisdiction 42 sufficient to support all instructional and administrative operations of 43 such board of cooperative educational services and such eligible schools 44 to the extent that such buildings and eligible schools did not have 45 high-quality internet access as of the effective date of this article 46 and continue to lack high-quality internet access; 47 3. The chancellor shall contract for high-quality internet access on a 48 continual basis at each New York city department of education building 49 and for all eligible schools under the jurisdiction of the New York city 50 department of education sufficient to support all instructional and 51 administrative operations of the New York city department of education 52 and such eligible schools to the extent that such buildings and eligible 53 schools did not have high-quality internet access as of the effective 54 date of this article and continue to lack high-quality internet access; 55 andS. 3184 7 1 4. Each non-public school, charter school, approved private school 2 serving students with disabilities subject to article eighty-one or 3 eighty-nine of this chapter, state supported school subject to article 4 eighty-five of this chapter, or state operated school subject to article 5 eighty-seven or eighty-eight of this chapter which is an eligible school 6 shall contract for high-quality internet access on a continual basis at 7 such eligible school sufficient to support all instructional and admin- 8 istrative operations of such eligible school to the extent that such 9 buildings and eligible schools did not have high-quality internet access 10 as of the effective date of this article and continue to lack high-qual- 11 ity internet access. 12 § 436. Payment of costs and expenses. 1. Public school districts, 13 boards of cooperative educational services, the New York city department 14 of education, non-public schools, charter schools, approved private 15 schools serving students with disabilities subject to article eighty-one 16 or eighty-nine of this chapter, state supported schools subject to arti- 17 cle eighty-five of this chapter, state operated schools subject to arti- 18 cle eighty-seven or eighty-eight of this chapter, and persons in 19 parental relation to eligible students who are providing home instruc- 20 tion in compliance with part one of article sixty-five of this chapter 21 and applicable regulations shall submit to the department: 22 (a) for reimbursement, such receipts and other appropriate evidence of 23 costs and expenses incurred in satisfying the requirements of sections 24 four hundred thirty-four and four hundred thirty-five of this article; 25 and 26 (b) for direct payment out of amounts in the E-LEARN fund established 27 in section ninety-five-j of the state finance law, evidence of unpaid 28 costs and related payment instructions, for goods or services obtained 29 in satisfying the requirements of sections four hundred thirty-four and 30 four hundred thirty-five of this article. 31 2. The department shall submit such documentation necessary for the 32 comptroller to make such reimbursements and payments out of the E-LEARN 33 fund. 34 § 437. Collaboration. The department, public school districts, boards 35 of cooperative educational services, the chancellor, and eligible 36 schools, as appropriate, in fulfilling the obligations set forth in 37 sections four hundred thirty-four and four hundred thirty-five of this 38 article, shall make reasonable efforts to collaborate with community- 39 based organizations with expertise in internet access to facilitate the 40 provision of high-quality internet access to eligible students and 41 eligible schools, including eligible students residing in non-tradition- 42 al places of residence. 43 § 438. Cooperation of third parties. Every telecommunication service 44 provider, landlord, building manager, or any other individual having 45 responsibility for the care and control of a premises which is a resi- 46 dence or domicile of any eligible student, whether such residence or 47 domicile is temporary or permanent, shall cooperate with the efforts of 48 public school districts, boards of cooperative education, the chancel- 49 lor, eligible schools, and eligible students and their families to 50 satisfy the requirements of section four hundred thirty-four of this 51 article by, where appropriate, being available at reasonable times to 52 communicate regarding provision of high-quality internet access, provid- 53 ing reasonable access to buildings or other structures, facilitating 54 installation of technologies necessary to provide high-quality internet 55 access and taking such other cooperative measures as may reasonably be 56 requested.S. 3184 8 1 § 439. Requirements. The requirements of this article shall not be 2 qualified by the difficulty or cost of providing high-quality internet 3 access to any particular eligible student or eligible school, nor shall 4 any eligible student or eligible school be prioritized over any other 5 eligible student or eligible school by reason of any such difficulty or 6 cost. 7 § 4. The tax law is amended by adding a new section 186-h to read as 8 follows: 9 § 186-h. Duties of the department under the E-LEARN program. 1. Defi- 10 nitions. For the purposes of this section: 11 (a) "Telecommunication service provider" means a business that 12 provides broadband internet access service in the state. 13 (b) "E-LEARN fund" shall mean the fund established in section ninety- 14 five-j of the state finance law. 15 (c) "Assessment rate" means the percentage rate which when multiplied 16 by each telecommunication service provider's total gross intrastate 17 telecommunication revenue for the prior calendar year, or if such reven- 18 ue is unavailable, the most recent calendar year for which such revenue 19 is available, which determines that provider's annual contribution to 20 the E-LEARN fund, determined by the department in consultation with the 21 state education department to be sufficient in amount to provide for 22 acquisition of high-quality internet access pursuant to article nine-A 23 of the education law, taking into account for any school year subsequent 24 to the two thousand twenty--two thousand twenty-one school year any 25 excess amounts remaining in the E-LEARN fund from the prior year pursu- 26 ant to subdivision five of section ninety-five-j of the state finance 27 law. 28 2. Contribution. All telecommunication service providers operating in 29 the state shall contribute to the preservation and advancement of the 30 E-LEARN fund in the manner set forth in this section. Any such contrib- 31 ution shall not be passed through in whole or in part as a fee, charge, 32 increased service cost, or by any other means by a telecommunication 33 service provider to any person or customer that contracts with such 34 telecommunication service provider for service. 35 3. Annual charge. (a) The department shall assess an annual charge on 36 each telecommunication service provider in an amount equal to the 37 assessment rate multiplied by the telecommunication service provider's 38 total gross intrastate telecommunication revenue for the prior calendar 39 year, or if such revenue is unavailable, the most recent calendar year 40 for which such revenue is available. The department shall collect and 41 deposit such amounts into a segregated account which shall subsequently 42 be transferred to E-LEARN fund established in section ninety-five-j of 43 the state finance law. All such amounts shall be kept separate and shall 44 not be commingled with any other moneys collected by the department. 45 (b) Such annual charge shall be assessed on and collected from all 46 telecommunication service providers operating in the state as of April 47 first, July first, October first, and January first of each year, 48 provided that the initial annual charge for fiscal year two thousand 49 twenty shall be assessed and collected as of December thirty-first, two 50 thousand twenty. 51 (c) Amounts collected from telecommunication service providers shall 52 be transferred by the department of taxation and finance to the state 53 comptroller to be deposited in the E-LEARN fund within thirty days after 54 each collection deadline. 55 (d) Failure of a telecommunication service provider to make timely 56 payment under this section will result in the levy of a late paymentS. 3184 9 1 charge of one and one-half percent per month pro rata per diem on the 2 delinquent contribution. 3 (e) If a telecommunication service provider's contribution to the 4 E-LEARN fund in a given fiscal year is less than one hundred fifty 5 dollars such telecommunication service provider will not be required to 6 pay a contribution for such year. 7 4. Requirements. The requirements of this section, including with 8 respect to determinations of the assessment rate, shall not be qualified 9 by the difficulty or cost of providing high-quality internet access to 10 any particular eligible student or eligible school, as such terms are 11 defined in section four hundred thirty of the education law, nor shall 12 any eligible student or eligible school be prioritized over any other 13 eligible student or eligible school by reason of any such difficulty or 14 cost. 15 § 5. The state finance law is amended by adding a new section 95-j to 16 read as follows: 17 § 95-j. E-LEARN fund. 1. There is hereby established in the joint 18 custody of the comptroller and the commissioner of taxation and finance 19 the E-LEARN fund to ensure the provision of high-quality internet access 20 to eligible schools and eligible students in the state through the 21 program set forth in article nine-A of the education law. 22 2. The E-LEARN fund shall consist of all moneys required to be depos- 23 ited in the E-LEARN fund pursuant to the provisions of section one 24 hundred eighty-six-h of the tax law. 25 3. The moneys in the E-LEARN fund shall be kept separate and shall not 26 be commingled with any other moneys in the custody of the state comp- 27 troller. 28 4. The moneys in the E-LEARN fund shall be disbursed, upon proper 29 application made to the state commissioner of education by public school 30 districts, boards of cooperative educational services, the New York city 31 department of education, non-public schools, charter schools, special 32 act schools, approved private schools serving students with disabilities 33 subject to article eighty-one or eighty-nine of the education law, state 34 supported schools subject to article eighty-five of the education law, 35 state operated schools subject to article eighty-seven or eighty-eight 36 of the education law, and persons in parental relation to eligible 37 students who are providing home instruction in compliance with part one 38 of article sixty-five of the education law and section 100.10 of the 39 NYCRR, as applicable, for the purposes of providing cost-free high-qual- 40 ity internet access to eligible students and eligible schools in accord- 41 ance with article nine-A of the education law and for costs of the 42 department of education, the department of taxation and finance and the 43 comptroller's office to administer the E-LEARN fund and implement the 44 E-LEARN program. 45 5. To the extent amounts received from telecommunication service 46 providers in any given fiscal year exceed an amount equal to the aggre- 47 gate disbursements from the E-LEARN fund required to be made pursuant to 48 article nine-A of the education law plus the cost of administering the 49 E-LEARN fund and implementing the E-LEARN program, the excess amounts 50 shall remain in the E-LEARN fund for use in the subsequent fiscal year. 51 6. The requirements of this section shall not be qualified by the 52 difficulty or cost of providing high-quality internet access to any 53 particular eligible student or eligible school, nor shall any eligible 54 student or eligible school be prioritized over any other eligible 55 student or eligible school by reason of any such difficulty or cost.S. 3184 10 1 § 6. The article heading of article 11 of the public service law, as 2 added by chapter 83 of the laws of 1995, is amended to read as follows: 3 PROVISIONS RELATING TO CABLE TELEVISION COMPANIES 4 AND TELECOMMUNICATION SERVICE PROVIDERS 5 § 7. The public service law is amended by adding a new section 224-c 6 to read as follows: 7 § 224-c. Reimbursement by telecommunication service providers of 8 eligible students and eligible schools with current high-quality inter- 9 net access. 1. For the purposes of this section: (a) "Broadband inter- 10 net access service" means a service provided by wire or radio in New 11 York state that provides the capability to transmit data to, and receive 12 data from, all or substantially all internet endpoints, including any 13 capabilities that are incidental to and enable the operation of the 14 communications service, but excluding dial-up internet access service. 15 Broadband internet access service also encompasses any service provided 16 in New York state that provides a functional equivalent of that service 17 or that is used to evade the provisions set forth in this section. 18 (b) "Eligible school" means a public school, non-public school, char- 19 ter school, special act school, approved private school serving students 20 with disabilities subject to article eighty-one or eighty-nine of the 21 education law, state supported school subject to article eighty-five of 22 the education law, or state operated school subject to article eighty- 23 seven or eighty-eight of the education law, in each case serving 24 students between five and twenty-one years of age. 25 (c) "Eligible student" means a student who is a resident of the state 26 between five and twenty-one years of age who is enrolled in an eligible 27 school or who is provided home instruction in compliance with part one 28 of article sixty-five of the education law and applicable regulations. 29 (d) "High-quality internet access" means, with respect to broadband 30 internet access service provided to an eligible student, uninterrupted 31 broadband internet access service which is not limited to one or more 32 particular devices and which provides actual and stable download speeds 33 of at least 25 megabits per second (Mbps) and upload speeds of at least 34 3 Mbps at all times, and, with respect to broadband internet access 35 service provided to an eligible school, actual and stable download 36 speeds of at least 1 Mbps per enrolled student and upload speeds of at 37 least 1 Mbps per enrolled student at all times. 38 (e) "State education department" means the education department of the 39 state of New York. 40 (f) "Telecommunication service provider" means a business that 41 provides broadband internet access service in this state. 42 2. In fulfilling the requirements of the E-LEARN fund application 43 process pursuant to article nine-A of the education law, the state 44 education department shall: 45 (a) provide information obtained pursuant to section four hundred 46 thirty-three of the education law regarding those eligible students 47 already receiving high-quality internet access as of the effective date 48 of this section to the department of public service for purposes of 49 subdivision four of this section; and 50 (b) coordinate with public school districts, boards of cooperative 51 educational services, the New York city department of education, nonpub- 52 lic schools, charter schools, special act schools, approved private 53 schools serving students with disabilities subject to article eighty-one 54 or eighty-nine of the education law, state supported schools subject to 55 article eighty-five of the education law, and state operated schools 56 subject to article eighty-seven or eighty-eight of the education law asS. 3184 11 1 applicable to identify those eligible schools and school buildings 2 already receiving high-quality internet access as of the effective date 3 of this section, and provide such information to the department of 4 public service for purposes of subdivision five of this section. 5 3. The department shall provide information regarding eligible 6 students and eligible schools obtained from the state education depart- 7 ment pursuant to subdivision two of this section to the appropriate 8 telecommunication service providers providing high-quality internet 9 access to the applicable eligible students and eligible schools for 10 purposes fulfilling the requirements of subdivisions four and five of 11 this section. 12 4. With respect to each eligible student who was receiving high-quali- 13 ty internet access as of the effective date of this section and for whom 14 a grant of permission has been returned pursuant to subdivision one of 15 section four hundred thirty-three of the education law, the telecommuni- 16 cation service provider under contract to provide such high-quality 17 internet access shall, in good faith, continue to provide such same 18 service under such same contract, subject to those terms of such same 19 contract which do not abrogate the provisions of this section. The costs 20 for such high-quality internet access shall be reduced by the applicable 21 telecommunication service provider (but not below zero) by an amount 22 equal to the average expense per eligible student of providing eligible 23 students with high-quality internet access pursuant to section four 24 hundred thirty-four of the education law. 25 5. With respect to each eligible school which was receiving high-qual- 26 ity internet access as of the effective date of this section, the tele- 27 communication service provider under contract to provide such high-qual- 28 ity internet access shall continue to provide such same service under 29 such same contract, subject to those terms of such same contract which 30 do not abrogate the provisions of this section. The costs for such high- 31 quality internet access shall be reduced by the applicable telecommuni- 32 cation service provider (but not below zero) by an amount equal to the 33 average expense per eligible school of providing eligible schools with 34 high-quality internet access pursuant to section four hundred thirty- 35 five of the education law. 36 6. No telecommunication service provider may pass through in whole or 37 in part as a fee, charge, increased service cost, or by any other means 38 to any person or customer that contracts with such telecommunication 39 service provider any cost incurred by such telecommunication service 40 provider in fulfilling the requirements of subdivision four or five of 41 this section. 42 7. No telecommunication service provider may discriminate or otherwise 43 confer advantage or disadvantage in respect of its obligations under 44 this section on the basis of whether an eligible student or eligible 45 school has failed to timely make any payments under a contract with such 46 telecommunication service provider. 47 8. The requirements of this section shall not be qualified by the 48 difficulty or cost of reducing the costs of any particular eligible 49 student or eligible school or the difficulty or cost of providing high- 50 quality internet access to any particular eligible student or eligible 51 school, nor shall any eligible student or eligible school be prioritized 52 over any other eligible student or eligible school by reason of any such 53 difficulty or cost. 54 § 8. Severability. If any clause, sentence, paragraph, section or part 55 of this act shall be adjudged by any court of competent jurisdiction to 56 be invalid, after exhaustion of all further judicial review, the judg-S. 3184 12 1 ment shall not affect, impair or invalidate the remainder thereof, but 2 shall be confined in its operation to the clause, sentence, paragraph, 3 section or part of this act directly involved in the controversy in 4 which the judgment shall have been rendered. 5 § 9. This act shall take effect immediately, and shall expire and be 6 deemed repealed on the last day of the school year in which the state of 7 emergency declared pursuant to executive order 202 of 2020 terminates.
