BILL NUMBER: SB 505 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 15, 2013
AMENDED IN SENATE APRIL 24, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Jackson
FEBRUARY 21, 2013
An act to amend Section 11800 Sections
47634.4, 51871, 51872, 51874, 52270, 78910.10, and 78910.15 of
, and to repeal Section 52295.55 of, the Education Code,
relating to education technology.
LEGISLATIVE COUNSEL'S DIGEST
SB 505, as amended, Jackson. Education technology: K-12
High-Speed Network. technology.
(1) Existing law creates, until January 1, 2014, the California
Technology Assistance Project administered by the State Department of
Education to provide a regionalized network of technical assistance
to schools and school districts on the implementation of education
technology. The California Technology Assistance Project is composed
of regional consortia that work collaboratively with school districts
and county offices of education to meet locally defined educational
needs that can be effectively addressed with the use of technology.
Existing law requires the State Board of Education to award grants to
fund a school district or county office of education in each region
of the California Technology Assistance Project to act as the lead
agency to administer the services of that region. Existing law
requires grant funding to be provided through the annual Budget Act.
This bill would instead require county offices of education to
provide technical assistance to schools and school districts on the
implementation of education technology. The bill would instead
require county offices of education to work collaboratively with
school districts to meet locally defined educational needs that can
be effectively addressed with the use of technology. The bill would
provide that these provisions would remain in effect until January 1,
2019. To the extent that the bill would impose additional duties on
county offices of education, the bill would create a state-mandated
local program.
(2) Existing law requires the State Department of Education to
administer specified provisions governing education technology and
authorizes school districts, county offices of education, and state
special schools to apply to the State Board of Education to
participate in grant programs related to education technology.
Existing law requires funding to be provided through the annual
Budget Act to the Superintendent of Public Instruction to provide
centralized statewide educational technology services that address
locally defined needs and are more efficiently and effectively
provided on a statewide basis. Under existing law, these provisions
remain in effect until January 1, 2014.
This bill would instead provide that these provisions would remain
in effect until January 1, 2019.
Existing law establishes the K-12 High-Speed Network for the
purpose of enriching pupil educational experiences and improving
pupil academic performance by providing high-speed, high-bandwidth
Internet connectivity to the public schools. Existing law requires
the Superintendent of Public Instruction to use a competitive grant
process to select a local educational agency to serve as the Lead
Education Agency to administer the network on behalf of the
Superintendent. Existing law requires the Superintendent to establish
a K-12 HSN advisory board. Existing law requires the advisory board,
by March 1, 2007, to report to specified entities recommendations
for measuring the success of the network, improving network oversight
and monitoring, strengthening accountability, and optimizing the use
of the network and its ability to improve education. Existing law
specifies the duties of the Lead Education Agency with regard to the
administration of the network.
This bill would additionally provide for the achievement of the
above-stated purpose of the network by providing statewide support
services, as specified, to schools and school districts in the
implementation of digital learning resources and technology tools as
set forth in the policies of the State Board of Education. The bill
would eliminate the use of the competitive grant process in selecting
the Lead Education Agency. The bill would require the advisory board
to report annually to specified entities its recommendations
regarding the network. The bill would specify additional duties of
the Lead Education Agency to include, among other things, entering
into contracts to provide identified needs that are more efficiently
and effectively provided on a statewide basis and entering into
contracts for regional consortia to meet the locally defined
educational needs of school districts related to the use of
technology. To the extent that this bill would impose additional
duties on local educational agencies, the bill would create a
state-mandated local program.
(3) This bill would also make nonsubstantive and conforming
changes.
(4) The California Constitution requires the
state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 47634.4 of the
Education Code is amended to read:
47634.4. (a) A charter school that elects to receive its funding
directly, pursuant to Section 47651, may apply individually for
federal and state categorical programs, not excluded in this section,
but only to the extent it is eligible for funding and meets the
provisions of the program. For purposes of determining eligibility
for, and allocation of, state or federal categorical aid, a charter
school that applies individually shall be deemed to be a school
district, except as otherwise provided in this chapter.
(b) A charter school that does not elect to receive its funding
directly, pursuant to Section 47651, may, in cooperation with its
chartering authority, apply for federal and state categorical
programs not specified in this section, but only to the extent it is
eligible for funding and meets the provisions of the program.
(c) Notwithstanding any other provision of law, for the 2006-07
fiscal year and each fiscal year thereafter, a charter school may not
apply directly for categorical programs for which services are
exclusively or almost exclusively provided by a county office of
education.
(d) Consistent with subdivision (c), a charter school may not
receive direct funding for any of the following county-administered
categorical programs:
(1) American Indian Education Centers.
(2) The California Association of Student Councils.
(3) California Technology Assistance Project established pursuant
to Article 15 (commencing with Section 51870) of Chapter 5 of Part
28.
(4)
(3) The Center for Civic Education.
(5)
(4) County Office Fiscal Crisis and Management
Assistance Team.
(6)
(5) The K-12 High Speed Network.
(e) A charter school may apply separately for district-level or
school-level grants associated with any of the categorical programs
specified in subdivision (d).
(f) Notwithstanding any other provision of law, for the 2006-07
fiscal year and each fiscal year thereafter, in addition to the
programs listed in subdivision (d), a charter school may not apply
for any of the following categorical programs:
(1) Agricultural Career Technical Education Incentive Program, as
set forth in Article 7.5 (commencing with Section 52460) of Chapter 9
of Part 28.
(2) Bilingual Teacher Training Assistance Program, as set forth in
Article 4 (commencing with Section 52180) of Chapter 7 of Part 28.
(3) California Peer Assistance and Review Program for Teachers, as
set forth in Article 4.5 (commencing with Section 44500) of Chapter
3 of Part 25.
(4) College preparation programs, as The
college preparation progra m set forth in
Chapter 12 (commencing with Section 11020) of Part 7,
Chapter 8.3 (commencing with Section 52240) of Part 28 , and
Chapter 8 (commencing with Section 60830) of Part 33 .
(5) Foster youth programs pursuant to Chapter 11.3 (commencing
with Section 42920) of Part 24.
(6) Gifted and talented pupil programs pursuant to Chapter 8
(commencing with Section 52200) of Part 28.
(7) Home-to-school transportation programs, as set forth in
Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5
and Article 10 (commencing with Section 41850) of Chapter 5 of Part
24.
(8) International Baccalaureate Diploma Program, as set forth in
Chapter 12.5 (commencing with Section 52920) of Part 28.
(9) Mathematics and Reading Professional Development Program, as
set forth in Article 3 (commencing with Section 99230) of Chapter 5
of Part 65.
(10) Principal Training Program, as set forth in Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25.
(11)
(9) Professional Development Block Grant, as set forth
in Article 5 (commencing with Section 41530) of Chapter 3.2 of Part
24.
(12)
(10) Program to Reduce Class Size in Two Courses in
Grade 9 (formerly The Morgan-Hart Class Size Reduction Act of 1989),
as set forth in Chapter 6.8 (commencing with Section 52080) of Part
28.
(13)
(11) Pupil Retention Block Grant, as set forth in
Article 2 (commencing with Section 41505) of Chapter 3.2 of Part 24.
(14)
(12) Reader services for blind teachers, as set forth
in Article 8.5 (commencing with Section 45370) of Chapter 5 of Part
25.
(15)
(13) School and Library Improvement Block Grant, as set
forth in Article 7 (commencing with Section 41570) of Chapter 3.2 of
Part 24.
(16)
(14) School Safety Consolidated Competitive Grant, as
set forth in Article 3 (commencing with Section 41510) of Chapter 3.2
of Part 24.
(17)
(15) School safety programs, as set forth in Article
3.6 (commencing with Section 32228) and Article 3.8
(commencing with Section 32239.5) of Chapter 2 of Part 19 .
(18)
(16) Specialized secondary schools pursuant to Chapter
6 (commencing with Section 58800) of Part 31.
(19)
(17) State Instructional Materials Fund, as set forth
in Article 3 (commencing with Section 60240) of Chapter 2 of Part 33.
(20)
(18) Targeted Instructional Improvement Block Grant, as
set forth in Article 6 (commencing with Section 41540) of Chapter
3.2 of Part 24.
(21)
(19) Teacher dismissal apportionment, as set forth in
Section 44944.
(22)
(20) The deferred maintenance program, as set forth in
Article 1 (commencing with Section 17565) of Chapter 5 of Part 10.5.
(23)
(21) The General Fund contribution to the State
Instructional Materials Fund pursuant to Article 3 (commencing with
Section 60240) of Chapter 2 of Part 33.
(24)
(22) Year-Round School Grant Program, as set forth in
Article 3 (commencing with Section 42260) of Chapter 7 of Part 24.
SEC. 2. Section 51871 of the Education
Code is amended to read:
51871. (a) The
California Technology Assistance Project shall be administered by the
State Department of Education to county offices of
education shall provide a regionalized network of
technical assistance to schools and school districts on the
implementation of education technology as set forth in policies of
the State Board of Education. The California Technology
Assistance Project shall be composed of regional consortia that will
county offices of education shall work
collaboratively with school districts and county offices of
education to meet locally defined educational needs that
can be effectively addressed with the use of technology, including,
but not necessarily limited to, all of the following areas:
(1)
(a) Professional development.
(2)
(b) Electronic learning resources.
(3)
(c) Hardware.
(4)
(d) Telecommunications infrastructure.
(5)
(e) Technical assistance to school districts in
developing a support system to operate and maintain an education
technology infrastructure, including improving pupil recordkeeping
and tracking related to pupil instruction.
(6)
(f) Coordination with and support for the funding and
implementation of federal, state, and local programs.
(7)
(g) Funding.
(8)
(h) Technical assistance and information to support
access, planning, and the use of high-speed telecommunications
networks.
(9)
(i) Technology planning and implementation assistance
to rural and technologically underserved school districts and county
offices of education.
(b) The State Board of Education shall authorize grants to fund a
school district or county office of education in each region of the
California Technology Assistance Project to act as the lead agency to
administer the services of that region. The term of a grant awarded
pursuant to this section may not exceed three years. Grant funding
may be awarded and received for subsequent terms of three years as
provided in this section. The lead agency shall be chosen based on
the extent to which it provides a plan that clearly documents or
describes all of the following:
(1) Knowledge of technology to improve teaching and learning.
(2) Technology planning and technical assistance.
(3) Proven success in providing professional development in
technology and curriculum integration.
(4) An ability to work collaboratively with school districts,
county offices of education, and businesses in the region.
(5) The ability to deliver services specified in this article to
all school districts and county offices of education in its region.
(6) The support of school districts and county offices of
education for the regional lead agency application in the region.
(7) The capacity to assist schools to utilize high-speed
telecommunications networks.
(8) Specific strategies for documenting and addressing the needs
of rural schools and technologically underserved school districts and
county offices of education.
(9) A plan for evaluating the implementation of, access to, use
of, and local impact of, the services provided by the region.
(c) Funding to support the regional education technology services
provided by the California Technology Assistance Project shall be
provided through the annual Budget Act. To receive funding for the
second and subsequent years of a grant awarded pursuant to
subdivision (b), the lead agency shall submit an annual report to the
State Board of Education for approval that describes the services
provided, the persons served, and the funds expended for those
services in the prior year. School districts and county offices of
education within the California Technology Assistance Project region
shall have an opportunity to comment on the report.
SEC. 3. Section 51872 of the Education
Code is amended to read:
51872. (a) The State Department of Education shall administer
this article , except for Section 51871 . The duties of
the State Department of Education shall include, but are not
necessarily limited to, the following:
(1) Assisting the State Board of Education on education technology
plans, policies, programs, and activities.
(2) Providing for the statewide coordination, planning, and
evaluation of education technology programs and resources.
(3) Advancing the use of technology in the curriculum and in the
administration of elementary and secondary schools.
(b) Funding shall be provided through the annual Budget Act to the
Superintendent of Public Instruction to provide centralized
statewide educational technology services that address locally
defined needs and are more efficiently and effectively provided on a
statewide basis. The statewide educational technology services to be
supported by this statute shall include, but are not limited to, all
of the following:
(1) Review of electronic learning resources including, but not
limited to, software, online resources, and video, for alignment with
the content standards adopted by the state board.
(2) Professional development focused on digital school leadership
for educational administrators in the areas of data-driven
decisionmaking, integrating technology into standards-based
curriculum, technology planning, professional development needs of
staff, financial planning for technology, and operations and
maintenance.
(3) Access for schools to training, support, and other resources
for technical professionals in California.
(c) The Superintendent of Public Instruction shall report
annually, in writing, to the State Board of Education and the
Legislature on the services provided, persons served, and the funds
expended for those purposes in the prior year.
SEC. 4. Section 51874 of the Education
Code is amended to read:
51874. Sections 51871, 51872, 51873, this section, and the
heading of this article shall remain in effect only until January 1,
2014 2019 , and as of that date are
repealed, unless a later enacted statute, that is enacted before
January 1, 2014 2019 , deletes or
extends that date.
SEC. 5. Section 52270 of the Education
Code is amended to read:
52270. The Education Technology Grant Program is hereby
established to provide one-time grants to school districts and
charter schools for purposes of acquiring computers for instructional
purposes at public schools. The president of the state board or his
or her designee shall administer the application process for the
award of grants.
(a) The first priority for the use of the funds is to ensure that
high school pupils in schools offering three or fewer advanced
placement courses have access to advanced placement courses online.
Grants awarded for the first priority may be expended to purchase or
lease computers and related equipment and for wiring or
infrastructure necessary to achieve connectivity to online advanced
placement courses.
(b) The second priority for the use of the funds is to increase
the number of computers available to all other public schools that
offer instruction in kindergarten or any of grades 1 to 12,
inclusive. Grants awarded for the purposes of the second priority
shall be awarded at the school district level and shall be based on a
ratio of pupils per computer, as determined by the president of the
state board or his or her designee. A school district that receives a
grant shall award the funds to its schools that have the highest
number of pupils per computer. Each education technology grant
awarded based on the second priority shall only be used for the
purchase or lease of computers including system configuration,
software, and instructional material. The grant amount awarded to
each school district or charter school for the second priority shall
be determined by the president of the state board or his her
designee.
(c) All funds awarded pursuant to this section shall be used
solely to purchase or lease equipment and related materials for
instructional purposes and limited to classroom, library, or
technology and media centers in order to provide access to online
advanced placement courses for pupils and increase the number of
computers per pupil. These grant funds are to supplement, not
supplant, existing local, state, and federal education technology
funds, including Digital High School funds.
(d) To receive a grant pursuant to this section, school districts
and charter schools shall have developed an education technology plan
or shall develop a plan with the assistance of the
California Technology Assistance Project specifically for
the use of the funds available pursuant to this section within 90
days after submission of the application for a grant pursuant to this
chapter. The plan shall address the use of these and other
technology funds to ensure they are used effectively and in a manner
consistent with other education technology available at the
schoolsite. School districts and charter schools that choose to lease
equipment shall include in their technology plan a payment schedule,
and shall identify the funding source or sources for lease payments
over the life of the lease, including, but not limited to,
establishing a technology leasing account and amortizing the
available state funding over the term of the lease, if appropriate.
In addition, the term of the lease shall be no longer than four years
unless authorized at local discretion, in which case the lease or
purchase shall be funded at local expense. A school district or
charter school with an existing certified or approved education
technology plan developed pursuant to other provisions of law may
utilize the existing plan for the purposes of this program but shall,
if necessary, amend that plan to meet the requirements of this
subdivision if the school district or charter school chooses to lease
the computers.
(e) School districts and charter schools may purchase or lease
computers, related equipment and materials, and other goods and
services using any statewide or cooperative contracts, schedules, or
other agreements, established by the Department of General Services.
(f) Funding for the purposes of this section is contingent on an
appropriation made in the annual Budget Act or other legislation, or
both.
(g) Funds appropriated to carry out this section in the 2000-01
fiscal year shall only be available to high schools, or charter
schools, that serve any of grades 9 to 12, inclusive.
(h) The state board may adopt emergency regulations governing the
method of allocating funds for the Education Technology Grant Program
for the 2000-01 fiscal year.
SEC. 6. Section 52295.55 of the
Education Code is repealed.
52295.55. In consultation with the State Department of Education
and consistent with the requirements of the No Child Left Behind Act
of 2001 (Public Law 107-110), the California Technology Assistance
Project shall provide assistance to school districts in the
application process and shall assist grant recipients with the
implementation and evaluation of their grants, subject to federal
funding being allocated in the state budget for this technical
assistance.
SEC. 7. Section 78910.10 of the
Education Code is amended to read:
78910.10. (a) (1) The California Virtual Campus, pursuant to
funding provided to the Board of Governors of the California
Community Colleges for this purpose in the annual Budget Act, may
pursue all of the following purposes, to the extent funding is
available:
(A) To enrich formal and informal educational experiences and
improve students' academic performance by supporting the development
of highly engaging, research-based innovations in teaching and
learning in K-12 public schools and the California Community
Colleges, the California State University, and the University of
California.
(B) To enhance the awareness of, and access to, highly engaging
online courses of study, emphasizing courses of study that support a
diverse and highly skilled science, technology, engineering, and
mathematics workforce.
(C) To support education research, the implementation of
research-based practices, and promote economic development through
the use of next generation advanced network infrastructure, services,
and network technologies that enable collaboration and resource
sharing between formal and informal educators in K-12 public schools,
the California Community Colleges, the California State University,
the University of California, independent colleges and universities,
public libraries, and community-based organizations at locations
across the state.
(D) To increase access to next generation Internet services, 21st
century workforce development programs, and e-government services for
students and staff served or employed by education entities and
students served primarily online through partnerships with public
libraries and community-based organizations.
(E) To enhance access to health care education and training
programs to current or future health care workers.
(F) To manage digital assets and develop contracts for services
necessary to provide the technical and management support needed to
maximize the benefits of the high-speed, high-bandwidth network
infrastructure available to public higher education entities in
California.
(G) Through the aggregation of demand for network enabled
technologies and related services from public education entities, and
through partnerships with the private sector, to provide education
entities with access to technical support and staff who can
facilitate statewide efforts that support innovations in teaching and
learning that are necessary to provide for a well-educated
citizenry, and economic and 21st century workforce development.
(2) To accomplish the purposes of paragraph (1), the California
Virtual Campus may partner with local educational agencies, the State
Department of Education, the 11 regional California
Technology Assistance Projects, the California Community
Colleges, the California State University, the University of
California, independent colleges and universities, public libraries,
and community-based organizations to facilitate ongoing collaboration
and joint efforts relating to the use of technology resources and
high-speed Internet connectivity to support teaching, learning,
workforce development, and research.
(3) Efforts conducted as a result of this chapter shall not
prohibit or otherwise exclude the ability of existing or new
educational technology programs from being developed, expanded, or
enhanced.
(b) For purposes of this article, the following terms have the
following meanings:
(1) "Online courses of study" means any of the following:
(A) Online teaching, learning, and research resources, including,
but not necessarily limited to, books, course materials, video
materials, interactive lessons, tests, or software, the copyrights of
which have expired, or have been released with an intellectual
property license that permits their free use or repurposing by others
without the permission of the original authors or creators of the
learning materials or resources.
(B) Professional development opportunities for formal and informal
educators who desire to use the resources in subparagraph (A).
(C) Online instruction.
(2) "Online instruction" means technology enabled online real time
(synchronous) interaction between the instructor and the student,
near time (asynchronous) interaction between the instructor and the
student, or any combination thereof.
(c) The California Virtual Campus grant recipient may accomplish
all of the following:
(1) Convene at least four leadership stakeholder group meetings
annually comprised composed of
representatives from the State Department of Education, the
California Technology Assistance Project, and
other related programs administered through the department,
local education agencies, including adult
education, local education agencies, the California
Community Colleges, the California State University, the University
of California, independent colleges and universities, the California
State Library, and representatives from community-based organizations
to ensure the efforts affecting segments represented are
appropriately meeting the needs of those segments. The leadership
stakeholder group shall also coordinate and obtain assistance with
the implementation of efforts delineated in this article, to identify
and maintain an up-to-date list of the technology resources and
tools that are necessary to support innovation in teaching and
learning, and to identify opportunities for leveraging resources and
expertise for meeting those needs in an efficient and cost-effective
manner.
(2) Lead efforts to make online courses of study available across
the state that include, but are not limited to, the following:
(A) Developing online courses of study that are pedagogically
sound and fully accessible, in compliance with the federal Americans
with Disabilities Act (Public Law 101-336), by students with varying
learning styles and disabilities.
(i) The development of K-12 online courses pursuant to this
subparagraph shall be achieved in partnership with local education
agencies and the California Technology Assistance Project
.
(ii) Online courses developed for grades K-12 pursuant to this
subparagraph shall be aligned to the California academic content
standards and guidelines for online courses.
(B) Overseeing the development of at least 12 model online courses
of study that, collectively, would allow students to meet the
requirements of the Intersegmental General Education Transfer
Curriculum (IGETC) and at least two courses that support basic skills
education courses in English, English as a second language, or
mathematics.
(C) Encouraging the entities listed in paragraph (1) to do both of
the following:
(i) Make accessible to each other their courses of study that are
funded by the state.
(ii) Allow their courses of study to be accessible to the general
public if they determine access would not inhibit their ability to
provide appropriate protection of the state's intellectual property
rights.
(3) Ensure that the learning objects created as part of the
California Virtual Campus online courses of study with state General
Fund revenues are linked to digital content libraries that include
information about course content freely available to California
educators and students.
(4) Develop formal partnership agreements between the entities
listed in paragraph (1) and the California Virtual Campus, including
course articulation agreements that allow qualified high school
students to accelerate the completion of requirements for a high
school diploma and a two-year or four-year degree and agreements that
provide opportunities for part-time faculty teaching online to
obtain full-time employment teaching online.
(5) Develop formal partnership agreements with the entities listed
in paragraph (1) and others to enhance access to professional
development courses that introduce faculty, teachers, staff, and
college course developers to the conceptual development, creation,
and production methodologies that underlie the development of online
courses of study and support students' successful completion of those
courses. The professional development opportunities may include, but
not necessarily be limited to, all of the following:
(A) Addressing issues relating to copyright, permission for the
use or reuse of material, use of resources in the public domain, and
other intellectual property concepts.
(B) Accessibility for students with disabilities.
(C) Factors to ensure that content is culturally relevant to a
diverse student body.
(D) Delivery options that incorporate multiple learning styles and
strategies.
(6) Develop formal partnership agreements with entities,
including, but not limited to, those listed in paragraph (1), to
ensure access to online professional learning communities that
incorporate the use of Internet-based collaboration tools and to
support joint discussions between K-12 educators, higher education
faculty and staff, and others to examine student performance data,
student learning
objectives, curriculum, and other issues that relate to students'
academic success and preparation for the workforce.
(7) In partnership with entities, including those listed in
paragraph (1), develop an e-portfolio system that allows
participating students to demonstrate their attainment of academic
learning objectives, skills and knowledge that relate to their career
interests, and completion of prerequisites for participation in
courses or training programs. The e-portfolio system may do all of
the following:
(A) Ensure that student privacy is protected in accordance with
existing law.
(B) Comply with accessibility laws for students with disabilities.
(C) Be designed in a manner that supports the use of e-portfolio
content in the accreditation requirements of schools, colleges, and
universities.
(8) In partnership with entities, including those listed in
paragraph (1), identify opportunities to enhance students' access to
medical education and medical services through the use of high-speed
Internet connections to the campuses, and opportunities for education
programs and services to support the telehealth efforts taking place
within the state.
(d) The lead agency for the California Virtual Campus, in
consultation with the leadership stakeholder group described in
paragraph (1) of subdivision (c) if that group is convened by the
California Virtual Campus grant recipient, shall contract with an
independent third party with expertise in online teaching, learning,
and the development of online courses of study, as approved by the
board, to evaluate the California Virtual Campus. The evaluation
shall include, but not be limited to, an assessment of the number of
faculty, teachers, consortia, informal educators, and students that
use the online courses of study, the quality of students'
experiences, student grades earned, and the cost of the online course
content, comparing the online course content with traditional
textbooks. The board may require additional information that it
determines to be necessary to evaluate the effectiveness and
viability of the California Virtual Campus. This evaluation shall be
submitted to the Legislature no later than three years after the
enactment of this act.
SEC. 8. Section 78910.15 of the
Education Code is amended to read:
78910.15. (a) By February 28, 2009, the board shall require the
California Virtual Campus to establish memorandums of understanding
with at least 10 community-based organizations specified in paragraph
(2) of subdivision (c) of Section 280.5 of the Public Utilities
Code, that provide residents in low-income neighborhoods with access
to high-speed networking and computers. The memorandum of
understanding shall document the California Virtual Campus'
commitment to do all of the following:
(1) Provide high-speed network connectivity to the site.
(2) Provide access to online courses of study and tutoring
services.
(3) Work with the community-based organization, and partner with
local educational agencies , the California Technology
Assistance Project, and other
state-supported K-12 educational technology programs, as appropriate,
to plan and promote joint educational offerings that are delivered
online and supported by the staff of a community-based organization
that can facilitate student use of technology.
(b) The 10 community-based organizations shall be selected on a
competitive basis by a six-member selection committee convened by the
California Virtual Campus. Members of the selection committee shall
include:
(1) Two representatives of community-based organizations appointed
by the Chancellor of the California Community Colleges.
(2) One community college representative appointed by the
Chancellor of the California Community Colleges.
(3) One representative from a K-12 school district appointed by
the Superintendent of Public Instruction.
(4) One representative from the California State University
appointed by the Chancellor of the California State University
system.
(5) One representative appointed by the California Emerging
Technologies Fund Committee.
(c) The selection committee convened pursuant to subdivision (b)
shall ensure that no less than one community-based organization is
selected from each of the nine economic regions identified by the
California Economic Strategy Panel, and that all sites are willing
and able to support academic offerings as outlined in the request for
proposals.
(d) The California Virtual Campus shall ensure that pilot project
participants have access to adequate technical and operational
support from an individual or entity under contract with the
California Virtual Campus with expertise in the operation and
management of community-based organizations to enable the site to
successfully meet obligations set forth in the memorandum of
understanding.
(e) On or before July 1, 2013, the lead agency for the California
Virtual Campus shall contract for an independent evaluation, as
approved by the board, and shall submit a report to the Public
Utilities Commission, or its designee, that documents the extent to
which the California Virtual Campus' joint efforts with the 10
community-based organizations have achieved all of the following:
(1) Increased the range of offerings available at each site to
address the digital divide in accordance with subdivision (e) of
Section 280.5 of the Public Utilities Code.
(2) Provided for equity of access to high-speed communications
networks, the Internet, and other services that provide social
benefits in accordance with the legislative findings and declarations
contained in Section 871.7 of the Public Utilities Code, including,
but not necessarily limited to, all of the following:
(A) Improving the quality of life among the residents of
California.
(B) Expanding access to public and private resources for
education, training, and commerce.
(C) Increasing access to public resources enhancing public health
and safety.
(D) Assisting in bridging the digital divide through expanded
access to new technologies by low-income, disabled, or otherwise
disadvantaged Californians.
(E) Shifting traffic patterns by enabling telecommuting, thereby
helping to improve air quality in all areas of the state and
mitigating the need for highway expansion.
(3) Supported participation in online offerings provided by the
California Virtual Campus in accordance with Section 78910.10.
(f) In the event that the board determines that the joint efforts
of the California Virtual Campus and the community-based
organizations have been successful pursuant to subdivision (e), the
board shall submit a plan to the Legislature and the Governor by
January 1, 2015, which contains recommendations for expanding the
number of sites partnering with the California Virtual Campus,
conditions for expansion, and recommendations for ways of addressing
any potential funding requirements.
(g) Community college local assistance expenditures to extend
high-speed network connectivity to community-based organizations that
partner with community colleges for instructional delivery pursuant
to this section shall not exceed one hundred thousand dollars
($100,000).
SECTION 1. Section 11800 of the Education Code
is amended to read:
11800. (a) (1) The K-12 High-Speed Network (K-12 HSN) is hereby
established for the purpose of enriching pupil educational
experiences and improving pupil academic performance by providing
high-speed, high-bandwidth Internet connectivity to the public school
system, as defined by Section 6 of Article IX of the California
Constitution, and by providing statewide support services to schools
and school districts in the implementation of digital learning
resources and technology tools as set forth in the policies of the
state board.
(2) The California Education Network is hereby established,
consisting of the California Research and Education Network (CalREN)
and the K-12 HSN.
(b) The Superintendent shall measure the success of the K-12 HSN
and ensure that the benefits of the K-12 HSN are maximized to the
extent possible. The K-12 HSN shall provide critical services and
functions for public primary and secondary local educational
agencies, including, but not limited to, all of the following:
(1) Reliable and cost-effective Internet service.
(2) Reliable and secure interconnectivity among public school
entities offering kindergarten or any of grades 1 to 12, inclusive,
in California, connection to higher education institutions of
California, and connection to state and local agencies to facilitate
efficient interaction, including transmission of data.
(3) Videoconferencing and related distance learning capabilities.
(4) Statewide coordination of support services that benefit
teaching and learning with the common core standards and in support
of the computer-adaptive assessment system adopted by the state
board.
(c) Funding shall be provided in the annual Budget Act to the K-12
HSN to provide centralized statewide educational technology services
that address regional and statewide needs and are more efficiently
and effectively provided or coordinated on a statewide basis to
support the common core standards and computer-adaptive assessments
implemented by the state board. The statewide educational technology
services to be supported include, but are not limited to, all of the
following:
(1) Review of electronic learning resources, including, but not
limited to, software, online resources, online courses, and video,
for alignment with the common core standards adopted by the state
board.
(2) Professional development focused on digital school leadership
for educational administrators in the areas of data-driven
decisionmaking, computer-adaptive testing, digital teaching and
learning with the common core standards curriculum, technology
planning, professional development needs of staff, financial planning
for technology, and operations and maintenance.
(3) Access for schools for training, support, and other resources
for technical professionals in California.
(4) Statewide coordination of a regional assistance program to
provide technical assistance to schools and school districts in the
implementation of digital learning resources and tools.
(d) The Superintendent shall maintain a K-12 HSN advisory board to
be composed of all of the following members:
(1) The Superintendent, or his or her designee.
(2) The county superintendent of schools of the Lead Education
Agency.
(3) A county superintendent of schools of a county with an average
daily attendance of more than 60,000 pupils, appointed by the
Superintendent. The member appointed pursuant to this paragraph shall
serve a renewable two-year term.
(4) Three school district superintendents, appointed by the
Superintendent. Members appointed pursuant to this paragraph shall
represent school districts that are diverse as to geography and size,
and that serve socioeconomically and culturally diverse pupil
populations. Members appointed pursuant to this paragraph shall serve
renewable two-year terms.
(5) Two county superintendents of schools appointed by the
majority of the votes of all of the county superintendents of
schools. Members appointed pursuant to this paragraph shall serve
renewable two-year terms.
(6) Three schoolsite representatives, which shall include not less
than two classroom teachers or instructional specialists.
(7) The president of the state board or his or her designee.
(e) The advisory board shall meet quarterly and shall recommend
policy direction and broad operational guidance to the Superintendent
and the Lead Education Agency. The advisory board, in consultation
with the Lead Education Agency, shall develop recommendations for
measuring the success of the network, improving network oversight and
monitoring, strengthening accountability, and optimizing the use of
the K-12 HSN and its ability to improve education. The advisory board
shall report annually its recommendations to the Legislature, the
Governor, the Department of Finance, the president of the state board
or his or her designee, and the Legislative Analyst's Office. It is
the intent of the Legislature that the report identify and recommend
specific annual performance measures that should be established to
assess the effectiveness of the network.
(f) The duties of the Lead Education Agency shall include all of
the following:
(1) Entering into appropriate contracts for the provision of
high-speed, high-bandwidth Internet connectivity, provided such
contracts secure the necessary terms and conditions to adequately
protect the interests of the state. Terms and conditions shall
include, but are not limited to, all of the following:
(A) Development of comprehensive service level agreements.
(B) Protection of any ownership rights of intellectual property of
the state that result due to participation of the state in the K-12
HSN.
(C) Appropriate protection of assets of the state acquired due to
its participation in the K-12 HSN.
(D) Assurance that appropriate fee structures are in place.
(E) Assurance that any interest earned on funds of the state for
this purpose are used solely to the benefit of the project.
(2) Development of an annual budget request for the K-12 HSN for
submission to the department and the Department of Finance to be
included in the annual Budget Act.
(3) Development, in consultation with the advisory board
established pursuant to subdivision (d), of specific goals and
objectives for the program with appropriate reporting of success
measures developed by the Superintendent pursuant to subdivision (b).
(4) Ongoing fiscal oversight of the program, including mechanisms
to control statewide costs and exposure. To accomplish this
objective, the Lead Education Agency shall contract for an annual
independent audit of the program. The independent auditor shall
report the audit findings to the Superintendent, the Legislature, and
the Governor by December 15 of each year.
(5) (A) The Lead Education Agency shall administer grant programs
to promote the most cost-effective manner for the completion of
connectivity for all public schools of the state and cost-effective
applications that meet instructional needs to the extent that funds
are provided for these purposes in the annual Budget Act.
(B) Before the appropriation of any state funds for purposes of
this paragraph, the Lead Education Agency shall submit information
justifying the need for additional grant funds, including, but not
limited to, all of the following:
(i) The number of schools and school districts that are already
connected.
(ii) The means by which the costs associated with connectivity
were covered for schools and school districts that are already
connected.
(iii) Obstacles to connection for those schools and school
districts that are not yet connected.
(iv) Other local options and funding sources for purposes of
connectivity and applications.
(6) Entering into appropriate contracts to provide identified
needs that are more efficiently and effectively provided on a
statewide basis. The statewide education technology services to be
supported by this section shall include, but are not limited to, all
of the following:
(A) Review of electronic learning resources, including, but not
limited to, software, online resources, online courses, and video,
for alignment with the common core standards adopted by the state
board.
(B) Professional development focused on digital school leadership
for educational administrators in the areas of data-driven
decisionmaking, integrating technology into standards-based
curriculum, technology planning, professional development needs of
staff, financial planning for technology, and operations and
maintenance.
(C) Access for schools for training, support, and other resources
for technical professionals in California.
(7) Entering into appropriate contracts for regional consortia to
meet the locally defined educational needs of school districts as
they address common core standards curriculum and computer-adaptive
assessments that can be addressed effectively with the use of
technology, including, but not limited to, the following areas:
(A) Professional development.
(B) Electronic learning resources.
(C) Hardware.
(D) Telecommunication infrastructure.
(E) Technical assistance to school districts in developing a
support system to operate and maintain an education technology
infrastructure, including improving pupil recordkeeping and tracking
related to pupil instruction.
(F) Coordination with, and support for, the funding and
implementation of federal, state, and local programs.
(G) Funding.
(H) Technical assistance and information to support access,
planning, and the use of high-speed telecommunication networks.
(I) Technology planning and implementation assistance to rural and
technologically underserved school districts and county offices of
education.
(g) As a condition of spending any of the funds provided in the
annual Budget Act for the K-12 HSN, the Lead Education Agency shall
develop an expenditure plan to address pupils' progress to academic
proficiency and submit the plan to the Superintendent. The
expenditure plan shall include an explanation of the manner in which
the objectives of the program will be met, including the additional
statewide educational technology services pursuant to subdivision (c)
and the contracts for regional consortia pursuant to subparagraph
(C) of paragraph (7) of subdivision (f).
(h) At a minimum, the Superintendent shall consider the quality
and rigor of the manner in which the Lead Education Agency meets the
conditions outlined in subdivision (g).
(i) If the Superintendent determines that the Lead Education
Agency fails to meet the conditions specified in subdivision (g), the
Superintendent may restrict the Lead Education Agency from spending
the funds provided for the K-12 HSN.
(j) Nothing in this section shall be construed as imposing new
mandates on school districts.
SEC. 2. SEC. 9. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.