Amended in Senate April 1, 2013

Senate BillNo. 505


Introduced by Senator Jackson

February 21, 2013


An act to amendbegin delete Sectionend deletebegin insert Sections 11800 andend insert 51874 of the Education Code, relating to education technology.

LEGISLATIVE COUNSEL’S DIGEST

SB 505, as amended, Jackson. begin deleteThe California Technology Assistance Project. end deletebegin insertEducation technology: K-12 High-Speed Network: California Technology Assistance Project.end insert

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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.

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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 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.

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Existing law creates 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, specifies duties of the department for this program, and authorizes school districts, county offices of education, and state special schools to participate in grant programs related to education technology. Under existing law, these provisions remain in effect only until January 1, 2014.

This bill would extend that date to January 1, 2017.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11800 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

11800.  

(a) (1) The K-12 High-Speed Network (K-12 HSN)
4is hereby established for the purpose of enriching pupil educational
5experiences and improving pupil academic performance by
6providing high-speed, high-bandwidth Internet connectivity to the
7public school system, as defined by Section 6 of Article IX of the
8California Constitutionbegin insert, and by providing statewide support
9services to schools and school districts in the implementation of
10digital learning resources and technology tools as set forth in the
11policies of the state boardend insert
.

12(2) The California Education Network is hereby established,
13consisting of the California Research and Education Network
14(CalREN) and the K-12 HSN.

15(b) The Superintendent shall measure the success of the K-12
16HSN and ensure that the benefits of the K-12 HSN are maximized
17to the extent possible. The K-12 HSN shall provide critical services
18and functions for public primary and secondary local educational
19agencies, including, but not limited to, all of the following:

20(1) Reliable and cost-effective Internet service.

21(2) Reliable and secure interconnectivity among public school
22entities offering kindergarten or any of grades 1 to 12, inclusive,
23in California, connection to higher education institutions of
24California, and connection to state and local agencies to facilitate
25efficient interaction, including transmission of data.

26(3) Videoconferencing and related distance learning capabilities.

27(4) Statewide coordination ofbegin delete network uses toend deletebegin insert support services
28thatend insert
benefit teaching and learningbegin insert with the common core standards
29and in support of the computer-adaptive assessment system adopted
30by the state boardend insert
.

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31(c) The Superintendent shall use a competitive grant process to
32select a local educational agency to serve as the Lead Education
33Agency to administer the K-12 HSN on behalf of the
34Superintendent.

end delete
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35(c) Funding shall be provided in the annual Budget Act to the
36K-12 HSN to provide centralized statewide educational technology
37services that address regional and statewide needs and are more
38efficiently and effectively provided or coordinated on a statewide
P4    1basis to support the common core standards and computer-adaptive
2assessments implemented by the state board. The statewide
3educational technology services to be supported include, but are
4not limited to, all of the following:

end insert
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5(1) Review of electronic learning resources, including, but not
6limited to, software, online resources, online courses, and video,
7for alignment with the common core standards adopted by the
8state board.

end insert
begin insert

9(2) Professional development focused on digital school
10leadership for educational administrators in the areas of
11data-driven decisionmaking, computer-adaptive testing, digital
12teaching and learning with the common core standards curriculum,
13technology planning, professional development needs of staff,
14financial planning for technology, and operations and
15maintenance.

end insert
begin insert

16(3) Access for schools for training, support, and other resources
17for technical professionals in California.

end insert
begin insert

18(4) Statewide coordination of a regional assistance program to
19provide technical assistance to schools and school districts in the
20implementation of digital learning resources and tools.

end insert

21(d) The Superintendent shallbegin delete establishend deletebegin insert maintainend insert a K-12 HSN
22advisory board to be composed of all of the following members:

23(1) The Superintendent, or his or her designee.

24(2) The county superintendent of schools of the Lead Education
25Agency.

26(3) A county superintendent of schools of a county with an
27average daily attendance of more than 60,000 pupils, appointed
28by the Superintendent. The member appointed pursuant to this
29paragraph shall serve a renewable two-year term.

30(4) Three school district superintendents, appointed by the
31Superintendent. Members appointed pursuant to this paragraph
32shall represent school districts that are diverse as to geography and
33size, and that serve socioeconomically and culturally diverse pupil
34populations. Members appointed pursuant to this paragraph shall
35serve renewable two-year terms.

36(5) Two county superintendents of schools appointed by the
37majority of the votes of all of the county superintendents of schools.
38Members appointed pursuant to this paragraph shall serve
39renewable two-year terms.

P5    1(6) Three schoolsite representatives, which shall include not
2less than two classroom teachers or instructional specialists.

3(7) The president of the state board or his or her designee.

4(e) The advisory board shall meet quarterly and shall recommend
5policy direction and broad operational guidance to the
6Superintendent and the Lead Education Agency. The advisory
7board, in consultation with the Lead Education Agency, shall
8develop recommendations for measuring the success of the
9network, improving network oversight and monitoring,
10strengthening accountability, and optimizing the use of the K-12
11HSN and its ability to improve education. The advisory board shall
12reportbegin insert annuallyend insert its recommendations to the Legislature, the
13Governor, the Department of Finance, the president of the state
14board or his or her designee, and the Legislative Analyst’s Office
15begin delete by March 1, 2007end delete. It is the intent of the Legislature that the report
16identify and recommend specific annual performance measures
17that should be established to assess the effectiveness of the
18network.

19(f) The duties of the Lead Education Agency shall include all
20of the following:

21(1) Entering into appropriate contracts for the provision of
22high-speed, high-bandwidth Internet connectivity, provided such
23contracts secure the necessary terms and conditions to adequately
24protect the interests of the state. Terms and conditions shall include,
25but are not limited to, all of the following:

26(A) Development of comprehensive service level agreements.

27(B) Protection of any ownership rights of intellectual property
28of the state that result due to participation of the state in the K-12
29HSN.

30(C) Appropriate protection of assets of the state acquired due
31to its participation in the K-12 HSN.

32(D) Assurance that appropriate fee structures are in place.

33(E) Assurance that any interest earned on funds of the state for
34this purpose are used solely to the benefit of the project.

35(2) Development of an annual budget request for the K-12 HSN
36for submission to the department and the Department of Finance
37to be included in the annual Budget Act.

38(3) Development, in consultation with the advisory board
39established pursuant to subdivision (d), of specific goals and
40objectives for the program with appropriate reporting of success
P6    1measures developed by the Superintendent pursuant to subdivision
2(b).

3(4) Ongoing fiscal oversight of the program, including
4mechanisms to control statewide costs and exposure. To
5accomplish this objective, the Lead Education Agency shall
6contract for an annual independent audit of the program. The
7independent auditor shall report the audit findings to the
8Superintendent, the Legislature, and the Governor by December
915 of each year.

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10(5) Ongoing technical oversight of the program, including
11external evaluation and independent validation, where appropriate.
12To accomplish this objective, the Lead Education Agency shall
13contract for an independent evaluation to be completed and
14provided to the Superintendent by March 1, 2009. The
15Superintendent shall report the results of the evaluation, including
16a response and recommendations to correct any adverse findings
17from the evaluation, to the Governor and the Legislature by April
1830, 2009.

end delete
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19(6) 

end delete

20begin insert(5)end insertbegin insertend insert(A) The Lead Education Agency shall administer grant
21programs to promote the most cost-effective manner for the
22completion of connectivity for all public schools of the state and
23cost-effective applications that meet instructional needs to the
24extent that funds are provided for these purposes in the annual
25Budget Act.

26(B) Before the appropriation of any state funds forbegin delete theend delete purposes
27of this paragraph, the Lead Education Agency shall submit
28information justifying the need for additional grant funds,
29including, but not limited to, all of the following:

30(i) The number of schools and school districts that are already
31connected.

32(ii) The means by which the costs associated with connectivity
33were covered for schools and school districts that are already
34connected.

35(iii) Obstacles to connection for those schools and school
36districts that are not yet connected.

37(iv) Other local options and funding sources for purposes of
38connectivity and applications.

begin insert

39(6) Entering into appropriate contracts to provide identified
40needs that are more efficiently and effectively provided on a
P7    1statewide basis. The statewide education technology services to
2be supported by this section shall include, but are not limited to,
3all of the following:

end insert
begin insert

4(A) Review of electronic learning resources, including, but not
5limited to, software, online resources, online courses, and video,
6for alignment with the common core standards adopted by the
7state board.

end insert
begin insert

8(B) Professional development focused on digital school
9leadership for educational administrators in the areas of
10data-driven decisionmaking, integrating technology into
11standards-based curriculum, technology planning, professional
12development needs of staff, financial planning for technology, and
13operations and maintenance.

end insert
begin insert

14(C) Access for schools for training, support, and other resources
15for technical professionals in California.

end insert
begin insert

16(7) Entering into appropriate contracts for regional consortia
17to meet the locally defined educational needs of school districts
18as they address common core standards curriculum and
19computer-adaptive assessments that can be addressed effectively
20with the use of technology, including, but not limited to, the
21following areas:

end insert
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22(A) Professional development.

end insert
begin insert

23(B) Electronic learning resources.

end insert
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24(C) Hardware.

end insert
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25(D) Telecommunication infrastructure.

end insert
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26(E) Technical assistance to school districts in developing a
27support system to operate and maintain an education technology
28 infrastructure, including improving pupil recordkeeping and
29tracking related to pupil instruction.

end insert
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30(F) Coordination with, and support for, the funding and
31implementation of federal, state, and local programs.

end insert
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32(G) Funding.

end insert
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33(H) Technical assistance and information to support access,
34planning, and the use of high-speed telecommunication networks.

end insert
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35(I) Technology planning and implementation assistance to rural
36and technologically underserved school districts and county offices
37of education.

end insert
38

begin deleteSECTION 1.end delete
39begin insertSEC. 2.end insert  

Section 51874 of the Education Code is amended to
40read:

P8    1

51874.  

Sections 51871, 51872, 51873, this section, and the
2heading of this article shall remain in effect only until January 1,
32017, and as of that date are repealed, unless a later enacted statute,
4that is enacted before January 1, 2017, deletes or extends that date.

5begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.

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