BILL NUMBER: SB 505	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 24, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Jackson

                        FEBRUARY 21, 2013

   An act to amend  Sections 11800 and 51874  
Section 11800  of the Education Code, relating to education
technology.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 505, as amended, Jackson. Education technology: K-12 High-Speed
 Network: California Technology Assistance Project.
  Network. 
   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. 
   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. 
   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 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.    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,
2017, and as of that date are repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date. 
   SEC. 3.   SEC. 2.   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.