BILL NUMBER: AB 1123 CHAPTERED 09/18/00 CHAPTER 467 FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2000 APPROVED BY GOVERNOR SEPTEMBER 15, 2000 PASSED THE ASSEMBLY AUGUST 24, 2000 PASSED THE SENATE AUGUST 22, 2000 AMENDED IN SENATE AUGUST 7, 2000 AMENDED IN SENATE JUNE 12, 2000 AMENDED IN ASSEMBLY JUNE 1, 1999 INTRODUCED BY Assembly Member Cardoza FEBRUARY 25, 1999 An act to repeal and add Chapter 11.3 (commencing with Section 66940) of Part 40 of the Education Code, relating to distance learning. LEGISLATIVE COUNSEL'S DIGEST AB 1123, Cardoza. Distance learning: the California Distance Learning Policy. Existing law requires the California Postsecondary Education Commission to develop a state policy on the use of distance learning technology, as defined, in education, to be considered and, if appropriate, adopted by the Legislature. Existing law requires the commission, in developing the policy, to address specified issues and to compile research on the effectiveness and cost effectiveness of distance education at various levels of education. Existing law requires that the policy be developed to recognize the several existing distance learning networks, to enhance their coordination and direction, and to provide statewide incentives to build partnerships that further distance learning, as specified. Existing law requires the commission, in developing the policy, (1) to propose a strategy to provide the 5 types of educational services of curriculum enhancement, expanded course offerings to rural and inner-city secondary schools, expanded course offerings at rural community colleges and off-campus centers, staff development courses for elementary and secondary teachers, and curriculum enhancement through the increased communication capability of schools, colleges, and universities and (2) to draw upon the experience and findings of the various campuses of the California State University that currently offer courses via distance education. Existing law also requires the commission, in developing the policy, to identify existing sources of interactive distance learning instructional and staff development programming that can be utilized immediately by schools and colleges and to propose a strategy to utilize existing technologies to deliver instruction over distance, and link together school and college classrooms in rural and inner-city areas in the state. Existing law further requires the commission, in preparing the policy statement, to consult with an advisory committee having prescribed membership. This bill would repeal these provisions, and instead require the commission to convene an intersegmental working group to determine state funding priorities consistent with the institutional missions of the segments of higher education. The bill would specify principles to be observed by the intersegmental working group in the development of priorities and the proposed expenditure of state revenue on technology infrastructure and applications. This bill would require the intersegmental working group to be composed of representatives from public elementary and secondary education, the California State University, the California Community Colleges, the University of California, the independent accredited universities and colleges, private sector providers of distance learning services, the Office of the Secretary of Education, and the private sector. The bill would require the commission to facilitate the development of statewide funding priorities for technology in higher education and to forward the recommendations of the intersegmental working group to the Legislature and the Governor on or before August 1, 2002. Under existing law, these provisions would not be applicable to the University of California unless made applicable to the university by the Regents of the University of California by appropriate resolution. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares all of the following: (a) The California Postsecondary Education Commission (CPEC) and other observers have estimated that a minimum of 714,000 additional students, in excess of the number of those enrolled in 1998, will need to be educated by California's colleges and universities by the year 2010. (b) The nature of instruction and its delivery in postsecondary education, as well as new informational technologies and other related innovations, can provide promising education opportunities for individuals who are currently not being served, particularly for individuals without easy access to traditional campus-based postsecondary education or for whom traditional courses are a poor match with learning, education, or training needs. Learners, including students seeking basic or technical skills, initial postsecondary education experience, and those limited by time and place constraints, can benefit from nontraditional postsecondary education opportunities and appropriate support services. (c) The need for high quality, nontraditional, technology-based education opportunities is great, as is the need for measures of educational progress and competency attainment that are valid and widely accepted; the advancement of these measures of progress and competency attainment will be more likely through the coordinated efforts of agencies and institutions working with state assistance, statewide coordination, and oversight. SEC. 2. Chapter 11.3 (commencing with Section 66940) of Part 40 of the Education Code is repealed. SEC. 3. Chapter 11.3 (commencing with Section 66940) is added to Part 40 of the Education Code, to read: CHAPTER 11.3. THE CALIFORNIA DISTANCE LEARNING POLICY 66940. There is hereby established the California Distance Learning Policy, which sets forth the guiding goal and principles for the utilization of technology in California postsecondary education. 66941. (a) The Legislature finds and declares that access to a high quality education is the primary goal for the use of educational technology in higher education. All students in California's public schools and colleges and all adults in the state shall have access to educational opportunities for which they are qualified, regardless of their income level, geographic location, or the size of the school they attend. (b) Pursuant to its statutory planning and coordination functions and responsibilities identified in Section 66900, the California Postsecondary Education Commission shall convene an intersegmental working group to determine state funding priorities consistent with the institutional missions of the systems of higher education. (c) The intersegmental working group shall observe all of the following principles to guide the development of priorities and the proposed expenditure of state revenues on technology infrastructure and applications: (1) Development of a statewide infrastructure that provides compatible connectivity between all levels of education to reduce redundancy and increase efficiency. (2) Adherence to nationally and internally accepted protocols and standards. (3) Assurance that the standards for course and program quality applied to distance education are rigorous in meeting accreditation standards, Universal Design Standards, and standards currently applied to traditional classroom instruction at higher educational institutions in the areas of course content, student achievement levels, and coherence of the curriculum. (4) Collaboration between the private sector and educational institutions in the availability and use of technology in low-performing schools and underserved areas. (5) Collaboration across departments, institutions, states, and countries in the use of technology. (6) Use of technology to contain costs, improve student outcomes, and enhance quality in instructional and noninstructional functions, such as student services, libraries, and administrative support. (d) The intersegmental working group shall be composed of representatives from public, elementary and secondary education, the California State University, the California Community Colleges, the University of California, independent accredited universities and colleges, state approved schools and colleges, private sector providers of distance education, the Office of the Secretary of Education, and the private sector. (e) The commission shall facilitate the development of statewide funding priorities for technology in higher education, and shall forward the recommendations of the working group to the Legislature and the Governor on or before August 1, 2002.