California Legislature—2015–16 Regular Session

Assembly Bill No. 934

Introduced by Assembly Member Bonilla

February 26, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 934, as introduced, Bonilla. Education technology: K-12 High-Speed Network: advisory board: membership.

Existing law establishes the K-12 High-Speed Network (K-12 HSN) 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 K-12 HSN on behalf of the Superintendent. Existing law requires the Superintendent to establish a K-12 HSN advisory board composed of various members, including, among others, 3 school district superintendents. Existing law requires the advisory board to meet quarterly and to recommend policy direction and broad operational guidance to the Superintendent and the Lead Education Agency.

This bill would increase the number of school district superintendents on the K-12 HSN advisory board to 4.

This bill would also make nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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.

(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 network uses to benefit teaching
and learning.

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

(d) The Superintendent shall establish 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)  begin delete Three end delete begin insert Four end insert 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, begin delete which shall include not
less than end delete begin insert at least end insert two begin insert of whom shall be end insert 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 begin insert provide end insert 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 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 by March 1,
2007. 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 begin delete such end delete
begin insert that the end insert 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 begin delete any end delete begin insert the end insert 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) Ongoing technical oversight of the program, including
external evaluation and independent validation, where appropriate.
To accomplish this objective, the Lead Education Agency shall
contract for an independent evaluation to be completed and
provided to the Superintendent by March 1, 2009. The
Superintendent shall report the results of the evaluation, including
a response and recommendations to correct any adverse findings
from the evaluation, to the Governor and the Legislature by April
30, 2009.

(6) (A)  begin delete The Lead Education Agency shall administer end delete begin insert Administer end insert
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 the 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.