Bill Text: NY S09112 | 2019-2020 | 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 28-0)
Status: (Introduced - Dead) 2020-12-04 - REFERRED TO RULES [S09112 Detail]
Download: New_York-2019-S09112-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9112 IN SENATE December 4, 2020 ___________ Introduced by Sens. MAYER, PARKER, LIU, COMRIE, BIAGGI, METZGER, ADDAB- BO, BAILEY, BROOKS, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, MAY, PERSAUD, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 17 children of the state may be educated' must be continuously upheld even 18 throughout the ensuing pandemic period. 19 The legislature further finds schools across the state had to quickly 20 implement technological programs and devices to deliver remote learning EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17541-07-0S. 9112 2 1 options to students during the closed down period and many schools are 2 required to, or are requested to, continue distance learning modality as 3 an instructional delivery model. 4 The legislature further finds lack of high-quality internet access has 5 had and continues to have a disequalizing impact on children who are 6 poor, homeless and without the resources to support their educational 7 needs. 8 The Legislature further finds it is a state imperative to ensure all 9 children have access to the delivery of technology through high-quality 10 broadband internet connectivity in order to meet the State's constitu- 11 tional requirement and maintain a system of free common schools. 12 The legislature further finds that high-speed internet access, common- 13 ly referred to as broadband internet, can be achieved through utiliza- 14 tion of a variety of technologies, including wired infrastructure via 15 fiber optic cable, and through wireless technologies such as fixed wire- 16 less internet and satellite internet, and that taking advantage of all 17 available and evolving technologies can enable communities currently 18 without wired infrastructure to nonetheless improve access to high qual- 19 ity internet until such time as wired infrastructure is made universally 20 available. 21 The legislature further finds that almost every sector of New York's 22 economy, democracy, and society depends on widespread, high-quality 23 internet access that supports vital functions regulated under the police 24 power of the state. 25 The legislature further finds that while the internet is an interstate 26 resource, the essential support it provides for innumerable municipal 27 and state operations, vital business and community service, delivery of 28 educational programs and services and daily interactions between the 29 people of New York and their governments are of state concern. 30 The legislature further finds that while the operations of telecommu- 31 nication service providers must be subject to state oversight, they also 32 must be protected from undue restraint and regulation so as to assure 33 optimum technology and maximum availability in this state as rapidly as 34 economically and technically feasible. 35 The legislature further finds that telecommunication service provid- 36 ers, notwithstanding their unique attributes, are part of an increasing- 37 ly integrated telecommunications industry, the soundness of which is 38 essential, not only to education, but also to the state's economic 39 growth and general welfare, and portions of whose business are wholly 40 intrastate. 41 The legislature further finds that there is a need for one or more 42 state agencies to determine state internet access policy as it relates 43 to the education of the state's students during the COVID-19 pandemic, 44 ensure that telecommunication service providers provide adequate, 45 economical and efficient service to students and schools, and oversee, 46 consonant with federal regulations and statutes, the availability of 47 high-quality internet access during the COVID-19 pandemic in support of 48 the constitutional education obligations of the state. 49 The legislature further finds that it is necessary to establish a 50 competitively-neutral funding mechanism to provide the resources neces- 51 sary to assure and maintain satisfaction of the constitutional education 52 obligations of the state. 53 Therefore, be it resolved, that, the legislature hereby approves the 54 use of the police power inherent in the state of New York to protect and 55 promote the safety, life, public health, public convenience, general 56 prosperity, and well-being of society, and the welfare of the state'sS. 9112 3 1 population and economy, as necessary to satisfy the provisions of Arti- 2 cle XI of the New York state Constitution to provide a free public 3 education pursuant to the E-Let's Expand Access to Remote Now (E-LEARN) 4 act, as defined in this act. 5 § 3. The education law is amended by adding a new article 9-A to read 6 as follows: 7 ARTICLE 9-A 8 E-LEARN PROGRAM 9 Section 430. Definitions. 10 431. Application for allocation from the E-LEARN fund. 11 432. Allocation of E-LEARN funds. 12 433. Grant of permission for use of information. 13 434. Provision of high-quality internet access to eligible 14 students. 15 435. Provision of high-quality internet access to eligible 16 schools. 17 436. Payment of costs and expenses. 18 437. Collaboration. 19 438. Cooperation of third parties. 20 439. Requirements. 21 § 430. Definitions. For the purposes of this article: 22 1. "Broadband internet access service" means a service provided by 23 wire or radio in New York state that provides the capability to transmit 24 data to, and receive data from, all or substantially all internet 25 endpoints, including any capabilities that are incidental to and enable 26 the operation of the communications service, but excluding dial-up 27 internet access service. Broadband internet access service also encom- 28 passes any service provided in New York that provides a functional 29 equivalent of that service or that is used to evade the provisions set 30 forth in this article. 31 2. "Chancellor" means the chancellor of the New York city department 32 of education. 33 3. "Department" means the education department of the state of New 34 York. 35 4. "Eligible school" means a public school including a school operated 36 by a board of cooperative educational services, non-public school, char- 37 ter school, special act school, approved private school serving students 38 with disabilities subject to article eighty-one or eighty-nine of this 39 chapter, state supported school subject to article eighty-five of this 40 chapter, or state operated school subject to article eighty-seven or 41 eighty-eight of this chapter, in each case serving students between five 42 and twenty-one years of age. 43 5. "Eligible student" means a student who is a resident of the state 44 between five and twenty-one years of age who is enrolled in an eligible 45 school or who is provided home instruction in compliance with part one 46 of article sixty-five of this chapter and applicable regulations. 47 6. "High-quality internet access" means, with respect to broadband 48 internet access service provided to an eligible student, uninterrupted 49 broadband internet access service which is not limited to one or more 50 particular devices and which provides actual and stable download speeds 51 of at least 25 megabits per second (Mbps) and upload speeds of at least 52 3 Mbps at all times throughout the applicable school year, and, with 53 respect to broadband internet access service provided to an eligible 54 school, actual and stable download speeds of at least 1 Mbps per 55 enrolled student and upload speeds of at least 1 Mbps per enrolled 56 student at all times throughout the applicable school year.S. 9112 4 1 7. "Telecommunication service provider" means a business that provides 2 broadband internet access service in the state. 3 § 431. Application for allocation from the E-LEARN fund. 1. Each 4 public school district with respect to eligible schools under the juris- 5 diction of such public school district, board of cooperative educational 6 services with respect to eligible schools under the jurisdiction of such 7 board of cooperative educational services, non-public school, charter 8 school, approved private school serving students with disabilities 9 subject to article eighty-one or eighty-nine of this chapter, state 10 supported school subject to article eighty-five of this chapter, or 11 state operated school subject to article eighty-seven or eighty-eight of 12 this chapter is hereby directed to submit documentation to the depart- 13 ment of the requirements necessary to satisfy the provisions of sections 14 four hundred thirty-four and four hundred thirty-five of this article. 15 Each such public school district, board of cooperative educational 16 services or school, as applicable, shall make application within forty- 17 five days of the effective date of this article to the department 18 setting forth such requirements, and annually thereafter before August 19 first. 20 2. The chancellor is hereby directed to submit documentation to the 21 department of the requirements necessary to satisfy the provisions of 22 sections four hundred thirty-four and four hundred thirty-five of this 23 article with respect to eligible schools under the jurisdiction of the 24 New York city department of education and eligible students enrolled in 25 such eligible schools. The chancellor shall make application to the 26 department within ninety days of the effective date of this article 27 setting forth such requirements of such eligible schools, and annually 28 thereafter before August first. 29 3. The person in parental relation to each eligible student who is 30 providing home instruction in compliance with part one of article 31 sixty-five of this chapter and applicable regulations is hereby directed 32 to submit documentation to the department of the requirements necessary 33 to satisfy the provisions of sections four hundred thirty-four and four 34 hundred thirty-five of this article with respect to such eligible 35 students. Such person in parental relation shall make application to the 36 department within forty-five days of the effective date of this article 37 setting forth such requirements of such eligible school, and annually 38 thereafter before August first. 39 § 432. Allocation of E-LEARN funds. The commissioner shall determine 40 criteria for allocation of moneys from the E-LEARN fund to public school 41 districts, boards of cooperative educational services, the New York city 42 department of education, non-public schools, charter schools, special 43 act schools, approved private schools serving students with disabilities 44 subject to article eighty-one or eighty-nine of this chapter, state 45 supported school subject to article eighty-five of this chapter, state 46 operated school subject to article eighty-seven or eighty-eight of this 47 chapter, and persons in parental relation to eligible students who are 48 providing home instruction in compliance with part one of article 49 sixty-five of this chapter and applicable regulations for achieving 50 equitable access to remote learning resources for eligible students and 51 eligible schools pursuant to sections four hundred thirty-four and four 52 hundred thirty-five of this article. Such criteria shall include but not 53 be limited to the number of eligible students at each eligible school, 54 the degree to which multiple eligible students are members of the same 55 household and reside at the same residence, the response rate of grants 56 of permission pursuant to section four hundred thirty-three of thisS. 9112 5 1 article, the degree of need of each eligible school and their respective 2 classrooms, and, subject to section four hundred thirty-seven of this 3 article, the different regional factors affecting the provision of high- 4 quality internet access. 5 § 433. Grant of permission for use of information. Notwithstanding 6 section two-d of this chapter, public school districts, boards of coop- 7 erative education, the chancellor, charter schools, non-public schools, 8 approved private schools serving students with disabilities subject to 9 article eighty-one or eighty-nine of this chapter, state supported 10 schools subject to article eighty-five of this chapter, or state oper- 11 ated schools subject to article eighty-seven or eighty-eight of this 12 chapter, shall provide to eligible students or their families, as appro- 13 priate, a form requesting information as to whether the eligible student 14 had high-quality internet access as of the effective date of this 15 section and continues to have high-quality internet access, and if such 16 student had high-quality internet access as of such date and continues 17 to have high-quality internet access, the name of the current provider 18 of such high-quality internet service, and in either case requesting 19 permission for the use of names and contact information of such students 20 or families, as appropriate, for purposes of entering into agreements to 21 provide such eligible students with high-quality internet access in 22 accordance with this article or for purposes of the reduction in costs 23 pursuant to subdivision three of section two hundred twenty-four-c of 24 the public service law. Such form of request shall be in a form, and 25 distributed and collected, in such manner as the applicable public 26 school district, board of cooperative educational services, the chancel- 27 lor, or eligible school, as applicable, may deem appropriate; provided, 28 however, that use of information provided shall be limited to use of 29 only such personally identifiable information as shall be necessary to 30 satisfy the requirements of this article and subdivision three of 31 section two hundred twenty-four-c of the public service law. Such form 32 of request shall be provided to eligible students, or their families, as 33 appropriate, no later than fifteen days after the effective date of this 34 article, and shall be translated in the predominant languages other than 35 English of eligible students and their families served by such eligible 36 schools. 37 § 434. Provision of high-quality internet access to eligible students. 38 1. (a) Upon approval of the allocations of the E-LEARN fund pursuant to 39 section four hundred thirty-two of this article each public school 40 district with respect to eligible schools under the jurisdiction of such 41 public school district, board of cooperative educational services with 42 respect to eligible schools under the jurisdiction of such board of 43 cooperative educational services, non-public school, charter school, 44 approved private school serving students with disabilities subject to 45 article eighty-one or eighty-nine of this chapter, state supported 46 school subject to article eighty-five of this chapter, and state oper- 47 ated school subject to article eighty-seven or eighty-eight of this 48 chapter shall be authorized to enter into agreements to provide each 49 eligible student enrolled at an eligible school who did not have high- 50 quality internet access as of the effective date of this article and 51 continues to lack high-quality internet access, and for whom a grant of 52 permission has been returned pursuant to this section, with high-quality 53 internet access on a continual basis at the residence of such eligible 54 student, whether such residence is temporary or permanent, in such 55 manner as shall be deemed appropriate by such public school district,S. 9112 6 1 board of cooperative educational services, or eligible school, as appro- 2 priate; and 3 (b) The chancellor shall be authorized to enter into agreements to 4 provide each eligible student enrolled at an eligible school under the 5 jurisdiction of the New York city department of education who did not 6 have high-quality internet access as of the effectiveness of this arti- 7 cle and continues to lack high-quality internet access, and for whom a 8 grant of permission has been returned pursuant to this section, with 9 high-quality internet access on a continual basis at the residence of 10 such eligible student, whether such residence is temporary or permanent, 11 in such manner as shall be deemed appropriate by the chancellor. 12 2. In satisfying the requirements of subdivision one of this section, 13 public school districts, boards of cooperative educational services, the 14 chancellor and the eligible schools set forth in subdivision one of this 15 section are authorized and directed to coordinate the provision of high- 16 quality internet access in collaboration with community-based organiza- 17 tions, the office for people with developmental disabilities, the office 18 of children and family services, the state university of New York, the 19 department of corrections and community supervision, the office of 20 temporary and disability assistance, the department of health, and such 21 other persons or entities as may be appropriate, including parties with 22 an interest in the residence of an eligible student, such as homeless 23 shelters, landlords, and manufactured home parks. 24 § 435. Provision of high-quality internet access to eligible schools. 25 Upon approval of the allocation of the E-LEARN fund pursuant to section 26 four hundred thirty-two of this article: 27 1. Each public school district shall contract for high-quality inter- 28 net access on a continual basis at each school district building and for 29 all eligible schools under such public school district's jurisdiction 30 sufficient to support all instructional and administrative operations of 31 such public school district and such eligible schools to the extent that 32 such buildings and eligible schools did not have high-quality internet 33 access as of the effective date of this article and continue to lack 34 high-quality internet access; 35 2. Each board of cooperative educational services shall contract for 36 high-quality internet access on a continual basis at each such board of 37 cooperative educational services building and for all eligible schools 38 under such board of cooperative educational services' jurisdiction 39 sufficient to support all instructional and administrative operations of 40 such board of cooperative educational services and such eligible schools 41 to the extent that such buildings and eligible schools did not have 42 high-quality internet access as of the effective date of this article 43 and continue to lack high-quality internet access; 44 3. The chancellor shall contract for high-quality internet access on a 45 continual basis at each New York city department of education building 46 and for all eligible schools under the jurisdiction of the New York city 47 department of education sufficient to support all instructional and 48 administrative operations of the New York city department of education 49 and such eligible schools to the extent that such buildings and eligible 50 schools did not have high-quality internet access as of the effective 51 date of this article and continue to lack high-quality internet access; 52 and 53 4. Each non-public school, charter school, approved private school 54 serving students with disabilities subject to article eighty-one or 55 eighty-nine of this chapter, state supported school subject to article 56 eighty-five of this chapter, or state operated school subject to articleS. 9112 7 1 eighty-seven or eighty-eight of this chapter which is an eligible school 2 shall contract for high-quality internet access on a continual basis at 3 such eligible school sufficient to support all instructional and admin- 4 istrative operations of such eligible school to the extent that such 5 buildings and eligible schools did not have high-quality internet access 6 as of the effective date of this article and continue to lack high-qual- 7 ity internet access. 8 § 436. Payment of costs and expenses. 1. Public school districts, 9 boards of cooperative educational services, the New York city department 10 of education, non-public schools, charter schools, approved private 11 schools serving students with disabilities subject to article eighty-one 12 or eighty-nine of this chapter, state supported schools subject to arti- 13 cle eighty-five of this chapter, state operated schools subject to arti- 14 cle eighty-seven or eighty-eight of this chapter, and persons in 15 parental relation to eligible students who are providing home instruc- 16 tion in compliance with part one of article sixty-five of this chapter 17 and applicable regulations shall submit to the department: 18 (a) for reimbursement, such receipts and other appropriate evidence of 19 costs and expenses incurred in satisfying the requirements of sections 20 four hundred thirty-four and four hundred thirty-five of this article; 21 and 22 (b) for direct payment out of amounts in the E-LEARN fund established 23 in section ninety-five-j of the state finance law, evidence of unpaid 24 costs and related payment instructions, for goods or services obtained 25 in satisfying the requirements of sections four hundred thirty-four and 26 four hundred thirty-five of this article. 27 2. The department shall submit such documentation necessary for the 28 comptroller to make such reimbursements and payments out of the E-LEARN 29 fund. 30 § 437. Collaboration. The department, public school districts, boards 31 of cooperative educational services, the chancellor, and eligible 32 schools, as appropriate, in fulfilling the obligations set forth in 33 sections four hundred thirty-four and four hundred thirty-five of this 34 article, shall make reasonable efforts to collaborate with community- 35 based organizations with expertise in internet access to facilitate the 36 provision of high-quality internet access to eligible students and 37 eligible schools, including eligible students residing in non-tradition- 38 al places of residence. 39 § 438. Cooperation of third parties. Every telecommunication service 40 provider, landlord, building manager, or any other individual having 41 responsibility for the care and control of a premises which is a resi- 42 dence or domicile of any eligible student, whether such residence or 43 domicile is temporary or permanent, shall cooperate with the efforts of 44 public school districts, boards of cooperative education, the chancel- 45 lor, eligible schools, and eligible students and their families to 46 satisfy the requirements of section four hundred thirty-four of this 47 article by, where appropriate, being available at reasonable times to 48 communicate regarding provision of high-quality internet access, provid- 49 ing reasonable access to buildings or other structures, facilitating 50 installation of technologies necessary to provide high-quality internet 51 access and taking such other cooperative measures as may reasonably be 52 requested. 53 § 439. Requirements. The requirements of this article shall not be 54 qualified by the difficulty or cost of providing high-quality internet 55 access to any particular eligible student or eligible school, nor shall 56 any eligible student or eligible school be prioritized over any otherS. 9112 8 1 eligible student or eligible school by reason of any such difficulty or 2 cost. 3 § 4. The tax law is amended by adding a new section 186-h to read as 4 follows: 5 § 186-h. Duties of the department under the E-LEARN program. 1. Defi- 6 nitions. For the purposes of this section: 7 (a) "Telecommunication service provider" means a business that 8 provides broadband internet access service in the state. 9 (b) "E-LEARN fund" shall mean the fund established in section ninety- 10 five-j of the state finance law. 11 (c) "Assessment rate" means the percentage rate which when multiplied 12 by each telecommunication service provider's total gross intrastate 13 telecommunication revenue for the prior calendar year, or if such reven- 14 ue is unavailable, the most recent calendar year for which such revenue 15 is available, which determines that provider's annual contribution to 16 the E-LEARN fund, determined by the department in consultation with the 17 state education department to be sufficient in amount to provide for 18 acquisition of high-quality internet access pursuant to article nine-A 19 of the education law, taking into account for any school year subsequent 20 to the two thousand twenty--two thousand twenty-one school year any 21 excess amounts remaining in the E-LEARN fund from the prior year pursu- 22 ant to subdivision five of section ninety-five-j of the state finance 23 law. 24 2. Contribution. All telecommunication service providers operating in 25 the state shall contribute to the preservation and advancement of the 26 E-LEARN fund in the manner set forth in this section. Any such contrib- 27 ution shall not be passed through in whole or in part as a fee, charge, 28 increased service cost, or by any other means by a telecommunication 29 service provider to any person or customer that contracts with such 30 telecommunication service provider for service. 31 3. Annual charge. (a) The department shall assess an annual charge on 32 each telecommunication service provider in an amount equal to the 33 assessment rate multiplied by the telecommunication service provider's 34 total gross intrastate telecommunication revenue for the prior calendar 35 year, or if such revenue is unavailable, the most recent calendar year 36 for which such revenue is available. The department shall collect and 37 deposit such amounts into a segregated account which shall subsequently 38 be transferred to E-LEARN fund established in section ninety-five-j of 39 the state finance law. All such amounts shall be kept separate and shall 40 not be commingled with any other moneys collected by the department. 41 (b) Such annual charge shall be assessed on and collected from all 42 telecommunication service providers operating in the state as of April 43 first, July first, October first, and January first of each year, 44 provided that the initial annual charge for fiscal year two thousand 45 twenty shall be assessed and collected as of December thirty-first, two 46 thousand twenty. 47 (c) Amounts collected from telecommunication service providers shall 48 be transferred by the department of taxation and finance to the state 49 comptroller to be deposited in the E-LEARN fund within thirty days after 50 each collection deadline. 51 (d) Failure of a telecommunication service provider to make timely 52 payment under this section will result in the levy of a late payment 53 charge of one and one-half percent per month pro rata per diem on the 54 delinquent contribution. 55 (e) If a telecommunication service provider's contribution to the 56 E-LEARN fund in a given fiscal year is less than one hundred fiftyS. 9112 9 1 dollars such telecommunication service provider will not be required to 2 pay a contribution for such year. 3 4. Requirements. The requirements of this section, including with 4 respect to determinations of the assessment rate, shall not be qualified 5 by the difficulty or cost of providing high-quality internet access to 6 any particular eligible student or eligible school, as such terms are 7 defined in section four hundred thirty of the education law, nor shall 8 any eligible student or eligible school be prioritized over any other 9 eligible student or eligible school by reason of any such difficulty or 10 cost. 11 § 5. The state finance law is amended by adding a new section 95-j to 12 read as follows: 13 § 95-j. E-LEARN fund. 1. There is hereby established in the joint 14 custody of the comptroller and the commissioner of taxation and finance 15 the E-LEARN fund to ensure the provision of high-quality internet access 16 to eligible schools and eligible students in the state through the 17 program set forth in article nine-A of the education law. 18 2. The E-LEARN fund shall consist of all moneys required to be depos- 19 ited in the E-LEARN fund pursuant to the provisions of section one 20 hundred eighty-six-h of the tax law. 21 3. The moneys in the E-LEARN fund shall be kept separate and shall not 22 be commingled with any other moneys in the custody of the state comp- 23 troller. 24 4. The moneys in the E-LEARN fund shall be disbursed, upon proper 25 application made to the state commissioner of education by public school 26 districts, boards of cooperative educational services, the New York city 27 department of education, non-public schools, charter schools, special 28 act schools, approved private schools serving students with disabilities 29 subject to article eighty-one or eighty-nine of the education law, state 30 supported schools subject to article eighty-five of the education law, 31 state operated schools subject to article eighty-seven or eighty-eight 32 of the education law, and persons in parental relation to eligible 33 students who are providing home instruction in compliance with part one 34 of article sixty-five of the education law and section 100.10 of the 35 NYCRR, as applicable, for the purposes of providing cost-free high-qual- 36 ity internet access to eligible students and eligible schools in accord- 37 ance with article nine-A of the education law and for costs of the 38 department of education, the department of taxation and finance and the 39 comptroller's office to administer the E-LEARN fund and implement the 40 E-LEARN program. 41 5. To the extent amounts received from telecommunication service 42 providers in any given fiscal year exceed an amount equal to the aggre- 43 gate disbursements from the E-LEARN fund required to be made pursuant to 44 article nine-A of the education law plus the cost of administering the 45 E-LEARN fund and implementing the E-LEARN program, the excess amounts 46 shall remain in the E-LEARN fund for use in the subsequent fiscal year. 47 6. The requirements of this section shall not be qualified by the 48 difficulty or cost of providing high-quality internet access to any 49 particular eligible student or eligible school, nor shall any eligible 50 student or eligible school be prioritized over any other eligible 51 student or eligible school by reason of any such difficulty or cost. 52 § 6. The article heading of article 11 of the public service law, as 53 added by chapter 83 of the laws of 1995, is amended to read as follows: 54 PROVISIONS RELATING TO CABLE TELEVISION COMPANIES 55 AND TELECOMMUNICATION SERVICE PROVIDERSS. 9112 10 1 § 7. The public service law is amended by adding a new section 224-c 2 to read as follows: 3 § 224-c. Reimbursement by telecommunication service providers of 4 eligible students and eligible schools with current high-quality inter- 5 net access. 1. For the purposes of this section: (a) "Broadband inter- 6 net access service" means a service provided by wire or radio in New 7 York state that provides the capability to transmit data to, and receive 8 data from, all or substantially all internet endpoints, including any 9 capabilities that are incidental to and enable the operation of the 10 communications service, but excluding dial-up internet access service. 11 Broadband internet access service also encompasses any service provided 12 in New York state that provides a functional equivalent of that service 13 or that is used to evade the provisions set forth in this section. 14 (b) "Eligible school" means a public school, non-public school, char- 15 ter school, special act school, approved private school serving students 16 with disabilities subject to article eighty-one or eighty-nine of the 17 education law, state supported school subject to article eighty-five of 18 the education law, or state operated school subject to article eighty- 19 seven or eighty-eight of the education law, in each case serving 20 students between five and twenty-one years of age. 21 (c) "Eligible student" means a student who is a resident of the state 22 between five and twenty-one years of age who is enrolled in an eligible 23 school or who is provided home instruction in compliance with part one 24 of article sixty-five of the education law and applicable regulations. 25 (d) "High-quality internet access" means, with respect to broadband 26 internet access service provided to an eligible student, uninterrupted 27 broadband internet access service which is not limited to one or more 28 particular devices and which provides actual and stable download speeds 29 of at least 25 megabits per second (Mbps) and upload speeds of at least 30 3 Mbps at all times, and, with respect to broadband internet access 31 service provided to an eligible school, actual and stable download 32 speeds of at least 1 Mbps per enrolled student and upload speeds of at 33 least 1 Mbps per enrolled student at all times. 34 (e) "State education department" means the education department of the 35 state of New York. 36 (f) "Telecommunication service provider" means a business that 37 provides broadband internet access service in this state. 38 2. In fulfilling the requirements of the E-LEARN fund application 39 process pursuant to article nine-A of the education law, the state 40 education department shall: 41 (a) provide information obtained pursuant to section four hundred 42 thirty-three of the education law regarding those eligible students 43 already receiving high-quality internet access as of the effective date 44 of this section to the department of public service for purposes of 45 subdivision four of this section; and 46 (b) coordinate with public school districts, boards of cooperative 47 educational services, the New York city department of education, nonpub- 48 lic schools, charter schools, special act schools, approved private 49 schools serving students with disabilities subject to article eighty-one 50 or eighty-nine of the education law, state supported schools subject to 51 article eighty-five of the education law, and state operated schools 52 subject to article eighty-seven or eighty-eight of the education law as 53 applicable to identify those eligible schools and school buildings 54 already receiving high-quality internet access as of the effective date 55 of this section, and provide such information to the department of 56 public service for purposes of subdivision five of this section.S. 9112 11 1 3. The department shall provide information regarding eligible 2 students and eligible schools obtained from the state education depart- 3 ment pursuant to subdivision two of this section to the appropriate 4 telecommunication service providers providing high-quality internet 5 access to the applicable eligible students and eligible schools for 6 purposes fulfilling the requirements of subdivisions four and five of 7 this section. 8 4. With respect to each eligible student who was receiving high-quali- 9 ty internet access as of the effective date of this section and for whom 10 a grant of permission has been returned pursuant to subdivision one of 11 section four hundred thirty-three of the education law, the telecommuni- 12 cation service provider under contract to provide such high-quality 13 internet access shall, in good faith, continue to provide such same 14 service under such same contract, subject to those terms of such same 15 contract which do not abrogate the provisions of this section. The costs 16 for such high-quality internet access shall be reduced by the applicable 17 telecommunication service provider (but not below zero) by an amount 18 equal to the average expense per eligible student of providing eligible 19 students with high-quality internet access pursuant to section four 20 hundred thirty-four of the education law. 21 5. With respect to each eligible school which was receiving high-qual- 22 ity internet access as of the effective date of this section, the tele- 23 communication service provider under contract to provide such high-qual- 24 ity internet access shall continue to provide such same service under 25 such same contract, subject to those terms of such same contract which 26 do not abrogate the provisions of this section. The costs for such high- 27 quality internet access shall be reduced by the applicable telecommuni- 28 cation service provider (but not below zero) by an amount equal to the 29 average expense per eligible school of providing eligible schools with 30 high-quality internet access pursuant to section four hundred thirty- 31 five of the education law. 32 6. No telecommunication service provider may pass through in whole or 33 in part as a fee, charge, increased service cost, or by any other means 34 to any person or customer that contracts with such telecommunication 35 service provider any cost incurred by such telecommunication service 36 provider in fulfilling the requirements of subdivision four or five of 37 this section. 38 7. No telecommunication service provider may discriminate or otherwise 39 confer advantage or disadvantage in respect of its obligations under 40 this section on the basis of whether an eligible student or eligible 41 school has failed to timely make any payments under a contract with such 42 telecommunication service provider. 43 8. The requirements of this section shall not be qualified by the 44 difficulty or cost of reducing the costs of any particular eligible 45 student or eligible school or the difficulty or cost of providing high- 46 quality internet access to any particular eligible student or eligible 47 school, nor shall any eligible student or eligible school be prioritized 48 over any other eligible student or eligible school by reason of any such 49 difficulty or cost. 50 § 8. Severability. If any clause, sentence, paragraph, section or part 51 of this act shall be adjudged by any court of competent jurisdiction to 52 be invalid, after exhaustion of all further judicial review, the judg- 53 ment shall not affect, impair or invalidate the remainder thereof, but 54 shall be confined in its operation to the clause, sentence, paragraph, 55 section or part of this act directly involved in the controversy in 56 which the judgment shall have been rendered.S. 9112 12 1 § 9. This act shall take effect immediately, and shall expire and be 2 deemed repealed on the last day of the school year in which the state of 3 emergency declared pursuant to executive order 202 of 2020 terminates.