Amended in Senate May 15, 2013

Amended in Senate April 24, 2013

Amended in Senate April 1, 2013

Senate BillNo. 505


Introduced by Senator Jackson

February 21, 2013


An act to amendbegin delete Section 11800end deletebegin insert Sections 47634.4, 51871, 51872, 51874, 52270, 78910.10, and 78910.15end insert ofbegin insert, and to repeal Section 52295.55 of,end insert the Education Code, relating to education technology.

LEGISLATIVE COUNSEL’S DIGEST

SB 505, as amended, Jackson. Educationbegin delete technology: K-12 High-Speed Network.end deletebegin insert technology.end insert

begin insert

(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.

end insert
begin insert

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.

end insert
begin insert

(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.

end insert
begin insert

This bill would instead provide that these provisions would remain in effect until January 1, 2019.

end insert
begin delete

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.

end delete
begin delete

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.

end delete
begin insert

(3) This bill would also make nonsubstantive and conforming changes.

end insert

begin insert(4)end insertbegin insertend insertThe 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:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 47634.4 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

47634.4.  

(a) A charter school that elects to receive its funding
4directly, pursuant to Section 47651, may apply individually for
5federal and state categorical programs, not excluded in this section,
6but only to the extent it is eligible for funding and meets the
7provisions of the program. For purposes of determining eligibility
8for, and allocation of, state or federal categorical aid, a charter
9school that applies individually shall be deemed to be a school
10district, except as otherwise provided in this chapter.

11(b) A charter school that does not elect to receive its funding
12directly, pursuant to Section 47651, may, in cooperation with its
13chartering authority, apply for federal and state categorical
14programs not specified in this section, but only to the extent it is
15 eligible for funding and meets the provisions of the program.

16(c) Notwithstanding any other provision of law, for the 2006-07
17fiscal year and each fiscal year thereafter, a charter school may
P4    1not apply directly for categorical programs for which services are
2exclusively or almost exclusively provided by a county office of
3education.

4(d) Consistent with subdivision (c), a charter school may not
5receive direct funding for any of the following county-administered
6categorical programs:

7(1) American Indian Education Centers.

8(2) The California Association of Student Councils.

begin delete

9(3) California Technology Assistance Project established
10pursuant to Article 15 (commencing with Section 51870) of
11Chapter 5 of Part 28.

end delete
begin delete

12(4)

end delete

13begin insert(3)end insert The Center for Civic Education.

begin delete

14(5)

end delete

15begin insert(4)end insert County Office Fiscal Crisis and Management Assistance
16Team.

begin delete

17(6)

end delete

18begin insert(5)end insert The K-12 High Speed Network.

19(e) A charter school may apply separately for district-level or
20school-level grants associated with any of the categorical programs
21specified in subdivision (d).

22(f) Notwithstanding any other provision of law, for the 2006-07
23fiscal year and each fiscal year thereafter, in addition to the
24programs listed in subdivision (d), a charter school may not apply
25for any of the following categorical programs:

26(1) Agricultural Career Technical Education Incentive Program,
27as set forth in Article 7.5 (commencing with Section 52460) of
28Chapter 9 of Part 28.

29(2) Bilingual Teacher Training Assistance Program, as set forth
30in Article 4 (commencing with Section 52180) of Chapter 7 of
31Part 28.

32(3) California Peer Assistance and Review Program for
33Teachers, as set forth in Article 4.5 (commencing with Section
3444500) of Chapter 3 of Part 25.

35(4) begin deleteCollege preparation programs, as end deletebegin insertThe college preparation
36program end insert
set forth inbegin delete Chapter 12 (commencing with Section 11020)
37of Part 7,end delete
Chapter 8.3 (commencing with Section 52240) of Part
3828begin delete, and Chapter 8 (commencing with Section 60830) of Part 33end delete.

39(5) Foster youth programs pursuant to Chapter 11.3
40(commencing with Section 42920) of Part 24.

P5    1(6) Gifted and talented pupil programs pursuant to Chapter 8
2(commencing with Section 52200) of Part 28.

3(7) Home-to-school transportation programs, as set forth in
4Article 2 (commencing with Section 39820) of Chapter 1 of Part
523.5 and Article 10 (commencing with Section 41850) of Chapter
65 of Part 24.

7(8) International Baccalaureate Diploma Program, as set forth
8in Chapter 12.5 (commencing with Section 52920) of Part 28.

begin delete

9(9) Mathematics and Reading Professional Development
10Program, as set forth in Article 3 (commencing with Section 99230)
11of Chapter 5 of Part 65.

end delete
begin delete

12(10) Principal Training Program, as set forth in Article 4.6
13(commencing with Section 44510) of Chapter 3 of Part 25.

end delete
begin delete

14(11)

end delete

15begin insert(9)end insert Professional Development Block Grant, as set forth in Article
165 (commencing with Section 41530) of Chapter 3.2 of Part 24.

begin delete

17(12)

end delete

18begin insert(10)end insert Program to Reduce Class Size in Two Courses in Grade 9
19(formerly The Morgan-Hart Class Size Reduction Act of 1989),
20as set forth in Chapter 6.8 (commencing with Section 52080) of
21Part 28.

begin delete

22(13)

end delete

23begin insert(11)end insert Pupil Retention Block Grant, as set forth in Article 2
24(commencing with Section 41505) of Chapter 3.2 of Part 24.

begin delete

25(14)

end delete

26begin insert(12)end insert Reader services for blind teachers, as set forth in Article
278.5 (commencing with Section 45370) of Chapter 5 of Part 25.

begin delete

28(15)

end delete

29begin insert(13)end insert School and Library Improvement Block Grant, as set forth
30in Article 7 (commencing with Section 41570) of Chapter 3.2 of
31Part 24.

begin delete

32(16)

end delete

33begin insert(14)end insert School Safety Consolidated Competitive Grant, as set forth
34in Article 3 (commencing with Section 41510) of Chapter 3.2 of
35Part 24.

begin delete

36(17)

end delete

37begin insert(15)end insert School safety programs, as set forth in Article 3.6
38(commencing with Section 32228)begin delete and Article 3.8 (commencing
39with Section 32239.5) of Chapter 2 of Part 19end delete
.

begin delete

40(18)

end delete

P6    1begin insert(16)end insert Specialized secondary schools pursuant to Chapter 6
2(commencing with Section 58800) of Part 31.

begin delete

3(19)

end delete

4begin insert(17)end insert State Instructional Materials Fund, as set forth in Article
53 (commencing with Section 60240) of Chapter 2 of Part 33.

begin delete

6(20)

end delete

7begin insert(18)end insert Targeted Instructional Improvement Block Grant, as set
8forth in Article 6 (commencing with Section 41540) of Chapter
93.2 of Part 24.

begin delete

10(21)

end delete

11begin insert(19)end insert Teacher dismissal apportionment, as set forth in Section
1244944.

begin delete

13(22)

end delete

14begin insert(20)end insert The deferred maintenance program, as set forth in Article
151 (commencing with Section 17565) of Chapter 5 of Part 10.5.

begin delete

16(23)

end delete

17begin insert(21)end insert The General Fund contribution to the State Instructional
18Materials Fund pursuant to Article 3 (commencing with Section
1960240) of Chapter 2 of Part 33.

begin delete

20(24)

end delete

21begin insert(22)end insert Year-Round School Grant Program, as set forth in Article
223 (commencing with Section 42260) of Chapter 7 of Part 24.

23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 51871 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
24read:end insert

25

51871.  

begin delete(a)end deletebegin deleteend deleteThebegin delete California Technology Assistance Project shall
26be administered by the State Department of Education toend delete
begin insert county
27offices of education shallend insert
providebegin delete a regionalized network ofend delete
28 technical assistance to schools and school districts on the
29implementation of education technology as set forth in policies of
30the State Board of Education. Thebegin delete California Technology
31Assistance Project shall be composed of regional consortia that
32willend delete
begin insert county offices of education shallend insert work collaboratively with
33school districtsbegin delete and county offices of educationend delete to meet locally
34defined educational needs that can be effectively addressed with
35the use of technology, including, but not necessarily limited to, all
36of the following areas:

begin delete

37(1)

end delete

38begin insert(a)end insert Professional development.

begin delete

39(2)

end delete

40begin insert(b)end insert Electronic learning resources.

begin delete

P7    1(3)

end delete

2begin insert(c)end insert Hardware.

begin delete

3(4)

end delete

4begin insert(d)end insert Telecommunications infrastructure.

begin delete

5(5)

end delete

6begin insert(e)end insert Technical assistance to school districts in developing a
7support system to operate and maintain an education technology
8infrastructure, including improving pupil recordkeeping and
9tracking related to pupil instruction.

begin delete

10(6)

end delete

11begin insert(f)end insert Coordination with and support for the funding and
12implementation of federal, state, and local programs.

begin delete

13(7)

end delete

14begin insert(g)end insert Funding.

begin delete

15(8)

end delete

16begin insert(h)end insert Technical assistance and information to support access,
17planning, and the use of high-speed telecommunications networks.

begin delete

18(9)

end delete

19begin insert(i)end insert Technology planning and implementation assistance to rural
20and technologically underserved school districts and county offices
21of education.

begin delete

22(b) The State Board of Education shall authorize grants to fund
23a school district or county office of education in each region of
24the California Technology Assistance Project to act as the lead
25agency to administer the services of that region. The term of a
26grant awarded pursuant to this section may not exceed three years.
27Grant funding may be awarded and received for subsequent terms
28of three years as provided in this section. The lead agency shall
29be chosen based on the extent to which it provides a plan that
30clearly documents or describes all of the following:

end delete
begin delete

31(1) Knowledge of technology to improve teaching and learning.

end delete
begin delete

32(2) Technology planning and technical assistance.

end delete
begin delete

33(3) Proven success in providing professional development in
34technology and curriculum integration.

end delete
begin delete

35(4) An ability to work collaboratively with school districts,
36county offices of education, and businesses in the region.

end delete
begin delete

37(5) The ability to deliver services specified in this article to all
38school districts and county offices of education in its region.

end delete
begin delete

39(6) The support of school districts and county offices of
40education for the regional lead agency application in the region.

end delete
begin delete

P8    1(7) The capacity to assist schools to utilize high-speed
2telecommunications networks.

end delete
begin delete

3(8) Specific strategies for documenting and addressing the needs
4of rural schools and technologically underserved school districts
5and county offices of education.

end delete
begin delete

6(9) A plan for evaluating the implementation of, access to, use
7of, and local impact of, the services provided by the region.

end delete
begin delete

8(c) Funding to support the regional education technology
9services provided by the California Technology Assistance Project
10shall be provided through the annual Budget Act. To receive
11funding for the second and subsequent years of a grant awarded
12pursuant to subdivision (b), the lead agency shall submit an annual
13report to the State Board of Education for approval that describes
14the services provided, the persons served, and the funds expended
15for those services in the prior year. School districts and county
16offices of education within the California Technology Assistance
17Project region shall have an opportunity to comment on the report.

end delete
18begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 51872 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
19read:end insert

20

51872.  

(a) The State Department of Education shall administer
21this articlebegin insert, except for Section 51871end insert. The duties of the State
22Department of Education shall include, but are not necessarily
23limited to, the following:

24(1) Assisting the State Board of Education on education
25technology plans, policies, programs, and activities.

26(2) Providing for the statewide coordination, planning, and
27evaluation of education technology programs and resources.

28(3) Advancing the use of technology in the curriculum and in
29the administration of elementary and secondary schools.

30(b) Funding shall be provided through the annual Budget Act
31to the Superintendent of Public Instruction to provide centralized
32statewide educational technology services that address locally
33defined needs and are more efficiently and effectively provided
34on a statewide basis. The statewide educational technology services
35to be supported by this statute shall include, but are not limited to,
36all of the following:

37(1) Review of electronic learning resources including, but not
38limited to, software, online resources, and video, for alignment
39with the content standards adopted by the state board.

P9    1(2) Professional development focused on digital school
2leadership for educational administrators in the areas of data-driven
3decisionmaking, integrating technology into standards-based
4curriculum, technology planning, professional development needs
5of staff, financial planning for technology, and operations and
6maintenance.

7(3) Access for schools to training, support, and other resources
8for technical professionals in California.

9(c) The Superintendent of Public Instruction shall report
10annually, in writing, to the State Board of Education and the
11Legislature on the services provided, persons served, and the funds
12expended for those purposes in the prior year.

13begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 51874 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
14read:end insert

15

51874.  

Sections 51871, 51872, 51873, this section, and the
16heading of this article shall remain in effect only until January 1,
17begin delete 2014end deletebegin insert 2019end insert, and as of that date are repealed, unless a later enacted
18statute, that is enacted before January 1,begin delete 2014end deletebegin insert 2019end insert, deletes or
19extends that date.

20begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 52270 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
21read:end insert

22

52270.  

The Education Technology Grant Program is hereby
23established to provide one-time grants to school districts and
24charter schools for purposes of acquiring computers for
25instructional purposes at public schools. The president of the state
26board or his or her designee shall administer the application process
27for the award of grants.

28(a) The first priority for the use of the funds is to ensure that
29high school pupils in schools offering three or fewer advanced
30placement courses have access to advanced placement courses
31online. Grants awarded for the first priority may be expended to
32purchase or lease computers and related equipment and for wiring
33or infrastructure necessary to achieve connectivity to online
34advanced placement courses.

35(b) The second priority for the use of the funds is to increase
36the number of computers available to all other public schools that
37offer instruction in kindergarten or any of grades 1 to 12, inclusive.
38Grants awarded for the purposes of the second priority shall be
39awarded at the school district level and shall be based on a ratio
40of pupils per computer, as determined by the president of the state
P10   1board or his or her designee. A school district that receives a grant
2shall award the funds to its schools that have the highest number
3of pupils per computer. Each education technology grant awarded
4based on the second priority shall only be used for the purchase
5or lease of computers including system configuration, software,
6and instructional material. The grant amount awarded to each
7school district or charter school for the second priority shall be
8determined by the president of the state board or his her designee.

9(c) All funds awarded pursuant to this section shall be used
10solely to purchase or lease equipment and related materials for
11instructional purposes and limited to classroom, library, or
12technology and media centers in order to provide access to online
13advanced placement courses for pupils and increase the number
14of computers per pupil. These grant funds are to supplement, not
15supplant, existing local, state, and federal education technology
16funds, including Digital High School funds.

17(d) To receive a grant pursuant to this section, school districts
18and charter schools shall have developed an education technology
19planbegin delete or shall develop a plan with the assistance of the California
20Technology Assistance Projectend delete
specifically for the use of the funds
21available pursuant to this section within 90 days after submission
22of the application for a grant pursuant to this chapter. The plan
23 shall address the use of these and other technology funds to ensure
24they are used effectively and in a manner consistent with other
25education technology available at the schoolsite. School districts
26and charter schools that choose to lease equipment shall include
27in their technology plan a payment schedule, and shall identify the
28funding source or sources for lease payments over the life of the
29lease, including, but not limited to, establishing a technology
30leasing account and amortizing the available state funding over
31the term of the lease, if appropriate. In addition, the term of the
32lease shall be no longer than four years unless authorized at local
33discretion, in which case the lease or purchase shall be funded at
34local expense. A school district or charter school with an existing
35certified or approved education technology plan developed pursuant
36to other provisions of law may utilize the existing plan for the
37purposes of this program but shall, if necessary, amend that plan
38to meet the requirements of this subdivision if the school district
39or charter school chooses to lease the computers.

P11   1(e) School districts and charter schools may purchase or lease
2computers, related equipment and materials, and other goods and
3services using any statewide or cooperative contracts, schedules,
4or other agreements, established by the Department of General
5Services.

6(f) Funding for the purposes of this section is contingent on an
7appropriation made in the annual Budget Act or other legislation,
8or both.

9(g) Funds appropriated to carry out this section in the 2000-01
10fiscal year shall only be available to high schools, or charter
11schools, that serve any of grades 9 to 12, inclusive.

12(h) The state board may adopt emergency regulations governing
13the method of allocating funds for the Education Technology Grant
14Program for the 2000-01 fiscal year.

15begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 52295.55 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
16

52295.55.  

In consultation with the State Department of
17Education and consistent with the requirements of the No Child
18Left Behind Act of 2001 (Public Law 107-110), the California
19Technology Assistance Project shall provide assistance to school
20districts in the application process and shall assist grant recipients
21with the implementation and evaluation of their grants, subject to
22federal funding being allocated in the state budget for this technical
23assistance.

end delete
24begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 78910.10 of the end insertbegin insertEducation Codeend insertbegin insert is amended
25to read:end insert

26

78910.10.  

(a) (1) The California Virtual Campus, pursuant
27to funding provided to the Board of Governors of the California
28Community Colleges for this purpose in the annual Budget Act,
29may pursue all of the following purposes, to the extent funding is
30available:

31(A) To enrich formal and informal educational experiences and
32improve students’ academic performance by supporting the
33development of highly engaging, research-based innovations in
34teaching and learning in K-12 public schools and the California
35Community Colleges, the California State University, and the
36University of California.

37(B) To enhance the awareness of, and access to, highly engaging
38online courses of study, emphasizing courses of study that support
39a diverse and highly skilled science, technology, engineering, and
40mathematics workforce.

P12   1(C) To support education research, the implementation of
2research-based practices, and promote economic development
3through the use of next generation advanced network infrastructure,
4services, and network technologies that enable collaboration and
5resource sharing between formal and informal educators in K-12
6public schools, the California Community Colleges, the California
7State University, the University of California, independent colleges
8and universities, public libraries, and community-based
9organizations at locations across the state.

10(D) To increase access to next generation Internet services, 21st
11century workforce development programs, and e-government
12services for students and staff served or employed by education
13entities and students served primarily online through partnerships
14with public libraries and community-based organizations.

15(E) To enhance access to health care education and training
16programs to current or future health care workers.

17(F) To manage digital assets and develop contracts for services
18necessary to provide the technical and management support needed
19to maximize the benefits of the high-speed, high-bandwidth
20network infrastructure available to public higher education entities
21in California.

22(G) Through the aggregation of demand for network enabled
23technologies and related services from public education entities,
24and through partnerships with the private sector, to provide
25education entities with access to technical support and staff who
26can facilitate statewide efforts that support innovations in teaching
27and learning that are necessary to provide for a well-educated
28citizenry, and economic and 21st century workforce development.

29(2) To accomplish the purposes of paragraph (1), the California
30Virtual Campus may partner with local educational agencies, the
31State Department of Education,begin delete the 11 regional California
32Technology Assistance Projects,end delete
the California Community
33Colleges, the California State University, the University of
34California, independent colleges and universities, public libraries,
35and community-based organizations to facilitate ongoing
36collaboration and joint efforts relating to the use of technology
37resources and high-speed Internet connectivity to support teaching,
38learning, workforce development, and research.

39(3) Efforts conducted as a result of this chapter shall not prohibit
40or otherwise exclude the ability of existing or new educational
P13   1technology programs from being developed, expanded, or
2enhanced.

3(b) For purposes of this article, the following terms have the
4following meanings:

5(1) “Online courses of study” means any of the following:

6(A) Online teaching, learning, and research resources, including,
7but not necessarily limited to, books, course materials, video
8materials, interactive lessons, tests, or software, the copyrights of
9which have expired, or have been released with an intellectual
10property license that permits their free use or repurposing by others
11without the permission of the original authors or creators of the
12learning materials or resources.

13(B) Professional development opportunities for formal and
14informal educators who desire to use the resources in subparagraph
15(A).

16(C) Online instruction.

17(2) “Online instruction” means technology enabled online real
18time (synchronous) interaction between the instructor and the
19student, near time (asynchronous) interaction between the instructor
20and the student, or any combination thereof.

21(c) The California Virtual Campus grant recipient may
22accomplish all of the following:

23(1) Convene at least four leadership stakeholder group meetings
24annuallybegin delete comprisedend deletebegin insert composedend insert of representatives from the State
25Department of Education,begin delete the California Technology Assistance
26Project,end delete
andbegin delete other relatedend delete programs administered through the
27department,begin delete local education agencies,end delete including adult education,
28begin insert local education agencies,end insert the California Community Colleges, the
29California State University, the University of California,
30independent colleges and universities, the California State Library,
31and representatives from community-based organizations to ensure
32the efforts affecting segments represented are appropriately meeting
33the needs of those segments. The leadership stakeholder group
34 shall also coordinate and obtain assistance with the implementation
35of efforts delineated in this article, to identify and maintain an
36up-to-date list of the technology resources and tools that are
37necessary to support innovation in teaching and learning, and to
38identify opportunities for leveraging resources and expertise for
39meeting those needs in an efficient and cost-effective manner.

P14   1(2) Lead efforts to make online courses of study available across
2the state that include, but are not limited to, the following:

3(A) Developing online courses of study that are pedagogically
4sound and fully accessible, in compliance with the federal
5Americans with Disabilities Act (Public Law 101-336), by students
6with varying learning styles and disabilities.

7(i) The development of K-12 online courses pursuant to this
8subparagraph shall be achieved in partnership with local education
9agenciesbegin delete and the California Technology Assistance Projectend delete.

10(ii) Online courses developed for grades K-12 pursuant to this
11subparagraph shall be aligned to the California academic content
12standards and guidelines for online courses.

13(B) Overseeing the development of at least 12 model online
14courses of study that, collectively, would allow students to meet
15the requirements of the Intersegmental General Education Transfer
16Curriculum (IGETC) and at least two courses that support basic
17skills education courses in English, English as a second language,
18or mathematics.

19(C) Encouraging the entities listed in paragraph (1) to do both
20of the following:

21(i) Make accessible to each other their courses of study that are
22funded by the state.

23(ii) Allow their courses of study to be accessible to the general
24public if they determine access would not inhibit their ability to
25provide appropriate protection of the state’s intellectual property
26rights.

27(3) Ensure that the learning objects created as part of the
28California Virtual Campus online courses of study with state
29General Fund revenues are linked to digital content libraries that
30include information about course content freely available to
31California educators and students.

32(4) Develop formal partnership agreements between the entities
33listed in paragraph (1) and the California Virtual Campus, including
34course articulation agreements that allow qualified high school
35students to accelerate the completion of requirements for a high
36school diploma and a two-year or four-year degree and agreements
37that provide opportunities for part-time faculty teaching online to
38obtain full-time employment teaching online.

39(5) Develop formal partnership agreements with the entities
40listed in paragraph (1) and others to enhance access to professional
P15   1development courses that introduce faculty, teachers, staff, and
2college course developers to the conceptual development, creation,
3and production methodologies that underlie the development of
4online courses of study and support students’ successful completion
5of those courses. The professional development opportunities may
6include, but not necessarily be limited to, all of the following:

7(A) Addressing issues relating to copyright, permission for the
8use or reuse of material, use of resources in the public domain,
9and other intellectual property concepts.

10(B) Accessibility for students with disabilities.

11(C) Factors to ensure that content is culturally relevant to a
12diverse student body.

13(D) Delivery options that incorporate multiple learning styles
14and strategies.

15(6) Develop formal partnership agreements with entities,
16including, but not limited to, those listed in paragraph (1), to ensure
17access to online professional learning communities that incorporate
18the use of Internet-based collaboration tools and to support joint
19discussions between K-12 educators, higher education faculty and
20staff, and others to examine student performance data, student
21learning objectives, curriculum, and other issues that relate to
22students’ academic success and preparation for the workforce.

23(7) In partnership with entities, including those listed in
24paragraph (1), develop an e-portfolio system that allows
25participating students to demonstrate their attainment of academic
26learning objectives, skills and knowledge that relate to their career
27interests, and completion of prerequisites for participation in
28courses or training programs. The e-portfolio system may do all
29of the following:

30(A) Ensure that student privacy is protected in accordance with
31existing law.

32(B) Comply with accessibility laws for students with disabilities.

33(C) Be designed in a manner that supports the use of e-portfolio
34content in the accreditation requirements of schools, colleges, and
35universities.

36(8) In partnership with entities, including those listed in
37paragraph (1), identify opportunities to enhance students’ access
38to medical education and medical services through the use of
39high-speed Internet connections to the campuses, and opportunities
P16   1for education programs and services to support the telehealth efforts
2taking place within the state.

3(d) The lead agency for the California Virtual Campus, in
4consultation with the leadership stakeholder group described in
5paragraph (1) of subdivision (c) if that group is convened by the
6California Virtual Campus grant recipient, shall contract with an
7independent third party with expertise in online teaching, learning,
8and the development of online courses of study, as approved by
9the board, to evaluate the California Virtual Campus. The
10evaluation shall include, but not be limited to, an assessment of
11the number of faculty, teachers, consortia, informal educators, and
12students that use the online courses of study, the quality of students’
13experiences, student grades earned, and the cost of the online
14course content, comparing the online course content with traditional
15textbooks. The board may require additional information that it
16determines to be necessary to evaluate the effectiveness and
17viability of the California Virtual Campus. This evaluation shall
18be submitted to the Legislature no later than three years after the
19enactment of this act.

20begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 78910.15 of the end insertbegin insertEducation Codeend insertbegin insert is amended
21to read:end insert

22

78910.15.  

(a) By February 28, 2009, the board shall require
23the California Virtual Campus to establish memorandums of
24understanding with at least 10 community-based organizations
25specified in paragraph (2) of subdivision (c) of Section 280.5 of
26the Public Utilities Code, that provide residents in low-income
27neighborhoods with access to high-speed networking and
28computers. The memorandum of understanding shall document
29the California Virtual Campus’ commitment to do all of the
30following:

31(1) Provide high-speed network connectivity to the site.

32(2) Provide access to online courses of study and tutoring
33services.

34(3) Work with the community-based organization, and partner
35with local educational agenciesbegin delete, the California Technology
36Assistance Project,end delete
andbegin delete otherend delete state-supported K-12 educational
37technology programs, as appropriate, to plan and promote joint
38educational offerings that are delivered online and supported by
39the staff of a community-based organization that can facilitate
40student use of technology.

P17   1(b) The 10 community-based organizations shall be selected on
2a competitive basis by a six-member selection committee convened
3by the California Virtual Campus. Members of the selection
4committee shall include:

5(1) Two representatives of community-based organizations
6appointed by the Chancellor of the California Community Colleges.

7(2) One community college representative appointed by the
8Chancellor of the California Community Colleges.

9(3) One representative from a K-12 school district appointed
10by the Superintendent of Public Instruction.

11(4) One representative from the California State University
12appointed by the Chancellor of the California State University
13system.

14(5) One representative appointed by the California Emerging
15Technologies Fund Committee.

16(c) The selection committee convened pursuant to subdivision
17(b) shall ensure that no less than one community-based organization
18is selected from each of the nine economic regions identified by
19the California Economic Strategy Panel, and that all sites are
20willing and able to support academic offerings as outlined in the
21request for proposals.

22(d) The California Virtual Campus shall ensure that pilot project
23participants have access to adequate technical and operational
24support from an individual or entity under contract with the
25California Virtual Campus with expertise in the operation and
26management of community-based organizations to enable the site
27to successfully meet obligations set forth in the memorandum of
28understanding.

29(e) On or before July 1, 2013, the lead agency for the California
30Virtual Campus shall contract for an independent evaluation, as
31approved by the board, and shall submit a report to the Public
32Utilities Commission, or its designee, that documents the extent
33to which the California Virtual Campus’ joint efforts with the 10
34community-based organizations have achieved all of the following:

35(1) Increased the range of offerings available at each site to
36address the digital divide in accordance with subdivision (e) of
37Section 280.5 of the Public Utilities Code.

38(2) Provided for equity of access to high-speed communications
39networks, the Internet, and other services that provide social
40benefits in accordance with the legislative findings and declarations
P18   1contained in Section 871.7 of the Public Utilities Code, including,
2but not necessarily limited to, all of the following:

3(A) Improving the quality of life among the residents of
4California.

5(B) Expanding access to public and private resources for
6education, training, and commerce.

7(C) Increasing access to public resources enhancing public
8health and safety.

9(D) Assisting in bridging the digital divide through expanded
10access to new technologies by low-income, disabled, or otherwise
11disadvantaged Californians.

12(E) Shifting traffic patterns by enabling telecommuting, thereby
13helping to improve air quality in all areas of the state and mitigating
14the need for highway expansion.

15(3) Supported participation in online offerings provided by the
16California Virtual Campus in accordance with Section 78910.10.

17(f) In the event that the board determines that the joint efforts
18of the California Virtual Campus and the community-based
19organizations have been successful pursuant to subdivision (e),
20the board shall submit a plan to the Legislature and the Governor
21by January 1, 2015, which contains recommendations for
22expanding the number of sites partnering with the California
23Virtual Campus, conditions for expansion, and recommendations
24for ways of addressing any potential funding requirements.

25(g) Community college local assistance expenditures to extend
26high-speed network connectivity to community-based organizations
27that partner with community colleges for instructional delivery
28pursuant to this section shall not exceed one hundred thousand
29dollars ($100,000).

begin delete
30

SECTION 1.  

Section 11800 of the Education Code is amended
31to read:

32

11800.  

(a) (1) The K-12 High-Speed Network (K-12 HSN)
33is hereby established for the purpose of enriching pupil educational
34experiences and improving pupil academic performance by
35providing high-speed, high-bandwidth Internet connectivity to the
36public school system, as defined by Section 6 of Article IX of the
37California Constitution, and by providing statewide support
38services to schools and school districts in the implementation of
39digital learning resources and technology tools as set forth in the
40policies of the state board.

P19   1(2) The California Education Network is hereby established,
2consisting of the California Research and Education Network
3(CalREN) and the K-12 HSN.

4(b) The Superintendent shall measure the success of the K-12
5HSN and ensure that the benefits of the K-12 HSN are maximized
6to the extent possible. The K-12 HSN shall provide critical services
7and functions for public primary and secondary local educational
8agencies, including, but not limited to, all of the following:

9(1) Reliable and cost-effective Internet service.

10(2) Reliable and secure interconnectivity among public school
11entities offering kindergarten or any of grades 1 to 12, inclusive,
12in California, connection to higher education institutions of
13California, and connection to state and local agencies to facilitate
14efficient interaction, including transmission of data.

15(3) Videoconferencing and related distance learning capabilities.

16(4) Statewide coordination of support services that benefit
17teaching and learning with the common core standards and in
18support of the computer-adaptive assessment system adopted by
19the state board.

20(c) Funding shall be provided in the annual Budget Act to the
21K-12 HSN to provide centralized statewide educational technology
22services that address regional and statewide needs and are more
23efficiently and effectively provided or coordinated on a statewide
24basis to support the common core standards and computer-adaptive
25assessments implemented by the state board. The statewide
26educational technology services to be supported include, but are
27not limited to, all of the following:

28(1) Review of electronic learning resources, including, but not
29limited to, software, online resources, online courses, and video,
30for alignment with the common core standards adopted by the state
31board.

32(2) Professional development focused on digital school
33leadership for educational administrators in the areas of data-driven
34decisionmaking, computer-adaptive testing, digital teaching and
35learning with the common core standards curriculum, technology
36planning, professional development needs of staff, financial
37planning for technology, and operations and maintenance.

38(3) Access for schools for training, support, and other resources
39for technical professionals in California.

P20   1(4) Statewide coordination of a regional assistance program to
2provide technical assistance to schools and school districts in the
3implementation of digital learning resources and tools.

4(d) The Superintendent shall maintain a K-12 HSN advisory
5board to be composed of all of the following members:

6(1) The Superintendent, or his or her designee.

7(2) The county superintendent of schools of the Lead Education
8Agency.

9(3) A county superintendent of schools of a county with an
10average daily attendance of more than 60,000 pupils, appointed
11by the Superintendent. The member appointed pursuant to this
12paragraph shall serve a renewable two-year term.

13(4) Three school district superintendents, appointed by the
14Superintendent. Members appointed pursuant to this paragraph
15shall represent school districts that are diverse as to geography and
16size, and that serve socioeconomically and culturally diverse pupil
17populations. Members appointed pursuant to this paragraph shall
18serve renewable two-year terms.

19(5) Two county superintendents of schools appointed by the
20majority of the votes of all of the county superintendents of schools.
21Members appointed pursuant to this paragraph shall serve
22renewable two-year terms.

23(6) Three schoolsite representatives, which shall include not
24less than two classroom teachers or instructional specialists.

25(7) The president of the state board or his or her designee.

26(e) The advisory board shall meet quarterly and shall recommend
27policy direction and broad operational guidance to the
28Superintendent and the Lead Education Agency. The advisory
29board, in consultation with the Lead Education Agency, shall
30develop recommendations for measuring the success of the
31network, improving network oversight and monitoring,
32strengthening accountability, and optimizing the use of the K-12
33HSN and its ability to improve education. The advisory board shall
34report annually its recommendations to the Legislature, the
35Governor, the Department of Finance, the president of the state
36board or his or her designee, and the Legislative Analyst’s Office.
37It is the intent of the Legislature that the report identify and
38recommend specific annual performance measures that should be
39established to assess the effectiveness of the network.

P21   1(f) The duties of the Lead Education Agency shall include all
2of the following:

3(1) Entering into appropriate contracts for the provision of
4high-speed, high-bandwidth Internet connectivity, provided such
5contracts secure the necessary terms and conditions to adequately
6protect the interests of the state. Terms and conditions shall include,
7but are not limited to, all of the following:

8(A) Development of comprehensive service level agreements.

9(B) Protection of any ownership rights of intellectual property
10of the state that result due to participation of the state in the K-12
11HSN.

12(C) Appropriate protection of assets of the state acquired due
13to its participation in the K-12 HSN.

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

15(E) Assurance that any interest earned on funds of the state for
16this purpose are used solely to the benefit of the project.

17(2) Development of an annual budget request for the K-12 HSN
18for submission to the department and the Department of Finance
19to be included in the annual Budget Act.

20(3) Development, in consultation with the advisory board
21established pursuant to subdivision (d), of specific goals and
22objectives for the program with appropriate reporting of success
23measures developed by the Superintendent pursuant to subdivision
24(b).

25(4) Ongoing fiscal oversight of the program, including
26mechanisms to control statewide costs and exposure. To
27accomplish this objective, the Lead Education Agency shall
28contract for an annual independent audit of the program. The
29independent auditor shall report the audit findings to the
30Superintendent, the Legislature, and the Governor by December
3115 of each year.

32(5) (A) The Lead Education Agency shall administer grant
33programs to promote the most cost-effective manner for the
34completion of connectivity for all public schools of the state and
35cost-effective applications that meet instructional needs to the
36extent that funds are provided for these purposes in the annual
37Budget Act.

38(B) Before the appropriation of any state funds for purposes of
39this paragraph, the Lead Education Agency shall submit
P22   1information justifying the need for additional grant funds,
2including, but not limited to, all of the following:

3(i) The number of schools and school districts that are already
4connected.

5(ii) The means by which the costs associated with connectivity
6were covered for schools and school districts that are already
7connected.

8(iii) Obstacles to connection for those schools and school
9districts that are not yet connected.

10(iv) Other local options and funding sources for purposes of
11connectivity and applications.

12(6) Entering into appropriate contracts to provide identified
13needs that are more efficiently and effectively provided on a
14statewide basis. The statewide education technology services to
15be supported by this section shall include, but are not limited to,
16all of the following:

17(A) Review of electronic learning resources, including, but not
18limited to, software, online resources, online courses, and video,
19for alignment with the common core standards adopted by the state
20board.

21(B) Professional development focused on digital school
22leadership for educational administrators in the areas of data-driven
23decisionmaking, integrating technology into standards-based
24curriculum, technology planning, professional development needs
25of staff, financial planning for technology, and operations and
26maintenance.

27(C) Access for schools for training, support, and other resources
28for technical professionals in California.

29(7) Entering into appropriate contracts for regional consortia to
30meet the locally defined educational needs of school districts as
31they address common core standards curriculum and
32computer-adaptive assessments that can be addressed effectively
33with the use of technology, including, but not limited to, the
34following areas:

35(A) Professional development.

36(B) Electronic learning resources.

37(C) Hardware.

38(D) Telecommunication infrastructure.

39(E) Technical assistance to school districts in developing a
40support system to operate and maintain an education technology
P23   1 infrastructure, including improving pupil recordkeeping and
2tracking related to pupil instruction.

3(F) Coordination with, and support for, the funding and
4implementation of federal, state, and local programs.

5(G) Funding.

6(H) Technical assistance and information to support access,
7planning, and the use of high-speed telecommunication networks.

8(I) Technology planning and implementation assistance to rural
9and technologically underserved school districts and county offices
10of education.

11(g) As a condition of spending any of the funds provided in the
12annual Budget Act for the K-12 HSN, the Lead Education Agency
13shall develop an expenditure plan to address pupils’ progress to
14academic proficiency and submit the plan to the Superintendent.
15The expenditure plan shall include an explanation of the manner
16in which the objectives of the program will be met, including the
17additional statewide educational technology services pursuant to
18subdivision (c) and the contracts for regional consortia pursuant
19to subparagraph (C) of paragraph (7) of subdivision (f).

20(h) At a minimum, the Superintendent shall consider the quality
21and rigor of the manner in which the Lead Education Agency meets
22the conditions outlined in subdivision (g).

23(i) If the Superintendent determines that the Lead Education
24Agency fails to meet the conditions specified in subdivision (g),
25the Superintendent may restrict the Lead Education Agency from
26spending the funds provided for the K-12 HSN.

27(j) Nothing in this section shall be construed as imposing new
28mandates on school districts.

end delete
29

begin deleteSEC. 2.end delete
30begin insertSEC. 9.end insert  

If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.



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