(a)

(1) Any public school district or open-enrollment charter school may develop a program that offers that school district's or charter school's surplus personal computers for loan to public school students attending that public school district or open-enrollment charter school.

(2) Before a public school district or open-enrollment charter school may loan any of its surplus personal computers under this program, it shall:

(A) Determine that the personal computer:

(i) Is outdated;

(ii) Is no longer useful to the school district or charter school except as provided in subdivision (a)(2)(A)(iv) of this section;

(iii) Has no reasonable resale value; and

(iv) May be used by the school district or charter school as an at-home educational tool for students; and

(B) Remove all information and other records from the personal computer that are required by law not to be disclosed by the school district or charter school.

(3) A public school district or open-enrollment charter school may loan a surplus personal computer to a currently enrolled student of that school district or charter school for no longer than the school year if the student's parent, guardian, or caregiver:

(A) Provides written verification that the student:

(i) Does not have access to a personal computer in his or her home environment;

(ii) Needs the use of a personal computer for educational purposes; and

(iii) Identifies one (1) of the student's teachers who is willing to attest to the student's need for access to a personal computer; and

(B) Signs an agreement:

(i) Accepting legal responsibility and liability for:

(a) The value and maintenance of the personal computer while in the student's possession; and

(b) Any reasonable cost associated with the recovery of the personal computer if it is not returned on the agreed-upon date or is damaged upon return; and

(ii) Agreeing that the school district or charter school may sell the personal computer loaned to the student if the school district or charter school determines that selling the computer would be beneficial and the computer is sold for its fair market value.

(b) The Division of Legislative Audit or any private auditor retained by the public school district or open-enrollment charter school to perform its annual audit shall review the program and report any violation of law or the requirements of this section in the school district's or charter school's annual audit.

(c) The State Board of Education shall promulgate any rules necessary for the implementation of this section.