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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4072
(By Delegates Swartzmiller, Stemple, Shaver, Renner,
Long, Perry and TabbSPONSOR)
[Passed March 13, 2004; in effect July 1, 2004.]
AN ACT
to amend and reenact §18-2E-7 of the code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new article, designated §18-2J-1, §18-2J-2, §18-2J-3, §18-2J-
4, §18-2J-5, §18-2J-6 and §18-2J-7, all relating to an
education technology strategic plan for public education and
higher education; including basic skills and SUCCESS in plan;
findings; intent, purpose and goals; education technology
strategic plan advisory committee; strategies to be included
in plan; state board of education and higher education policy
commission approval and adoption; expenditures in accordance
with the plan; and the report to the legislative oversight
commission on education accountability and joint committee on
government and finance.
Be it enacted by the Legislature of West Virginia:
That §18-2E-7 of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding thereto a new article, designated §18-2J-1, §18-2J-2, §18-2J-3,
§18-2J-4, §18-2J-5, §18-2J-6 and §18-2J-7, all to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-7. Providing for high quality basic skills development and
remediation in all public schools.
(a) The Legislature finds that teachers must be provided the
support, assistance and teaching tools necessary to meet individual
student instructional needs on a daily basis in a classroom of
students who differ in learning styles, learning rates and in
motivation to learn. The Legislature further finds that attaining
a solid foundation in the basic skills of reading, composition and
arithmetic is essential for advancement in higher education,
occupational and avocational pursuits and that computers are an
effective tool for the teacher in corrective, remedial and
enrichment activities. Therefore, the state board shall ensure
that the resources to be used to provide services to students in
the earliest grade level and higher grade levels as resources
become available are included in the education technology strategic
plan required by article two-j of this chapter. The provision of
services to students shall be based on a plan developed by each
individual school team.
Computer hardware and software shall be purchased in
accordance with the education technology strategic plan adopted
pursuant to article two-j of this chapter.
The state board shall develop and provide a program to ensure adequate teacher training, continuous teacher support and updates.
The program shall be consistent with the education technology
strategic plan adopted pursuant to article two-j of this chapter.
To the extent practicable, the technology shall be used to
enhance student access to learning tools and resources outside of
the normal school day, such as: Before and after school; in the
evenings, on weekends and during vacations; and for student use for
homework, remedial work, independent learning, career planning and
adult basic education.
(b) The Legislature finds that the continued implementation of
computer use under this section for high quality basic skills
development and remediation in the middle schools, junior high
schools and high schools is necessary to meet the goal that high
school graduates will be prepared fully for college, other post-
secondary education or gainful employment. Further, the
implementation should provide a technology infrastructure at the
middle schools, junior high schools and high schools capable of
supporting multiple technology based learning strategies designed
to enable students to achieve at higher academic levels. The
technology infrastructure should facilitate student development in
the following areas:
(1) Attaining basic computer skills such as word processing,
spreadsheets, data bases, internet usage, telecommunications and
graphic presentations;
(2) Learning critical thinking and decision-making skills;
(3) Applying academic knowledge in real life situations
through simulated workplace programs;
(4) Understanding the modern workplace environment,
particularly in remote areas of the state, by bringing the
workplace to the school;
(5) Making informed career decisions based upon information on
labor markets and the skills required for success in various
occupations;
(6) Gaining access to labor markets and job placement;
(7) Obtaining information and assistance about college and
other post-secondary education opportunities and financial aid; and
(8) Other uses for acquiring the necessary skills and
information to make a smooth transition from high school to
college, other post-secondary education or gainful employment.
Therefore, the state board also shall address the findings of
this subsection regarding the continued implementation of computer
hardware and software and technical planning support in the middle
schools, junior high schools and high schools of the state in the
education technology strategic plan required by article two-j of
this chapter.
ARTICLE 2J. PUBLIC AND HIGHER EDUCATION TECHNOLOGY STRATEGIC PLAN.
§18-2J-1. Findings.
(a) The Legislature finds that:
(1) Technology is being used in public schools as an
instructional tool that enables teachers to meet the individual instructional needs of students who differ in learning styles,
learning rates and the motivation to learn;
(2) Technology is being used in public schools as an effective
resource for providing corrective, remedial and enrichment
activities to help students achieve proficiency at grade level or
above in the basic skills of reading, composition and arithmetic
that are essential for advancement to more rigorous curriculum and
success in higher education, occupational and avocational pursuits;
(3) Technology is being used in public schools to ensure that
all students have a basic level of computer literacy that will
enable them to participate fully in a society in which computers
are an ever more prevalent medium for social, economic, and
informational interaction;
(4) Technology is being used in public schools to provide
greater access for students to advanced curricular offerings,
virtual field trips, problem solving and team building exercises,
reference information and source knowledge than could be provided
efficiently through traditional on-site delivery formats;
(5) Technology is being used in public schools to help
students obtain information on post-secondary educational
opportunities, financial aid, and the credentials and skills
required in various occupations that will help them better prepare
for a successful transition following high school;
(6) Technology is being used in public schools to help
students learn to think critically, apply academic knowledge in real life situations, make decisions, and gain an understanding of
the modern workplace environment through simulated workplace
programs;
(7) Technology is being used in public schools as a resource
for teachers by providing them with access to sample lesson plans,
curriculum resources, on-line staff development, continuing
education and college course-work;
(8) Technology is being used in public schools as a tool for
managing information, reporting on measures of accountability,
analyzing student learning and helping to improve student, school
and school system performance;
(9) Technology is being used in state institutions of higher
education for teaching, learning and research for all students
across all disciplines and programs;
(10) Technology is being used in state institutions of higher
education by students, staff and faculty to discover, create,
communicate and collaborate, as well as to enhance research and
economic development activities;
(11) Technology is being used in state institutions of higher
education for digital age literacy, problem solving, creativity,
effective communication, collaboration and high productivity skills
essential for West Virginia citizens in a rapidly changing global
economy;
(12) Technology is being used by libraries in higher education
to offer reference services in a virtual environment online;
(13) Technology is being used by libraries in higher education
to create and share cataloging records. It is possible to create
a seamless resource for sharing these resources between public and
higher education; and
(14) Technology is being used in libraries in higher education
to offer electronic document delivery services to distance
education students and to a multitude of professionals throughout
the state.
(b) Each use of technology set forth in this section shall
apply to public education, higher education or both, as
appropriate. The determination of whether the use of technology
applies to public education, higher education or both shall be made
by the education technology strategic plan advisory committee, the
state board and the higher education policy commission.
§18-2J-2. Intent and purpose; goals.
(a) The intent and purpose of this article is to establish a
unified approach to the administration and allocation of funds for
technology that is used for public education and higher education
purposes in this state which meets the following goals:
(1) Maintaining a reasonable balance in the resources
allocated among the customary diverse uses of technology in the
public schools and the state institutions of higher education,
while allowing flexibility to address unanticipated priority needs
and unusual local circumstances;
(2) Providing for uniformity in technological hardware and software standards and procedures to achieve interoperability
between public schools and higher education to the extent that the
uniformity is considered prudent for reducing acquisition cost,
avoiding duplication, promoting expeditious repair and maintenance
and facilitating user training, while allowing flexibility for
local innovations and options when the objectives relating to
uniformity are reasonably met;
(3) Preserving the integrity of governance, administration,
standards and accountability for technology in the public schools
and institutions of higher education under the jurisdiction of the
state board and the higher education policy commission, while
encouraging collaborative service delivery and infrastructure
investments with other entities that will reduce cost, avoid
duplication or improve services, particularly with respect to other
entities such as the educational broadcasting system, public
libraries and other governmental agencies with compatible
technology interests;
(4) Improving the long-term ability of the state board and the
higher education policy commission to efficiently manage and direct
the resources available for technology in the public schools and
the institutions of higher education concurrent with evolving
technological capabilities and applications;
(5) Fostering closer communication between faculty, students
and administrators;
(6) Providing for individualized instruction, accommodating a variety of learning styles of students or faculty members;
(7) Advancing new and traditional ways of learning through
alternative approaches in curriculum to integrate education,
research and technology into life long learning strategies;
(8) Offering new approaches to administration and
accountability within the education system through technology
application;
(9) Promoting the collaboration of schools, libraries,
researchers, community members, state agencies, organizations,
business and industry, post-secondary institutions and public
virtual learning environments to meet the needs of all learners;
(10) Recognizing that information literacy is a fundamental
competency for life-long learning and information literacy is
incorporated into the curricula of higher education and the
workplace;
(11) Creating the appropriate infrastructure to ensure, as
required, a sustainable, cost effective and transparent migration
to new technology platforms;
(12) Creating and maintaining compatible and secure technology
systems that enhance the efficient operation of all educational
systems;
(13) Assessing, evaluating and publicizing the effects of
technology use by educators and students toward student learning
and achievement; and
(14) Increasing student access to high quality blended distance learning curriculum using real time interactive and online
distance education tools.
(b) Each goal set forth in this section shall apply to public
education, higher education or both, as appropriate. The
determination of whether a goal applies to public education, higher
education or both shall be made by the education technology
strategic plan advisory committee, the state board and the higher
education policy commission.
§18-2J-3. Education technology strategic plan advisory committee.
(a) On or before the first day of July, two thousand four,
there is established an education technology strategic plan
advisory committee to be composed of sixteen members. The governor
shall appoint, by and with the advice and consent of the Senate,
the following eleven voting members to the advisory committee:
(1) Five voting members representing public education some or
all of which may be from a list of five recommended appointees
which shall be submitted by the state board;
(2) Five voting members representing higher education some or
all of which may be from a list of five recommended appointees
which shall be submitted by the higher education policy commission;
and
(3) One voting member who is a business representative with
knowledge of technology management practices of large corporations
and has contributed and advanced technology in education in West
Virginia.
(b) The chief technology officer of Marshall university, or a
designee, and the chief technology officer of West Virginia
university, or a designee, shall be ex officio nonvoting members of
the advisory committee. The state superintendent shall designate
two positions within the department of education, and the persons
employed in those positions shall be ex officio nonvoting members
of the advisory committee. Additionally, the West Virginia library
commissioner shall be an ex officio nonvoting member.
(c) The business representative shall serve as chair of the
advisory committee. The advisory committee shall meet as
necessary, but shall hold no less than four meetings annually. A
majority of the voting members constitutes a quorum for conducting
the business of the advisory committee.
(d) Voting members of the advisory committee shall serve for
terms of three years, except that of the original appointments,
three members shall be appointed for one year; four members shall
be appointed for two years; and four members shall be appointed for
three years. No member may serve more than two consecutive full
terms nor may any member be appointed to a term which results in
the member serving more than six consecutive years.
(e) Members of the advisory committee shall serve without
compensation, but shall be reimbursed by the governor for all
reasonable and necessary expenses actually incurred in the
performance of their official duties under this article upon
presentation of an itemized sworn statement of their expenses, except that any member of the advisory committee who is an employee
of the state shall be reimbursed by the employing agency.
§18-2J-4. Education technology strategic plan.
(a) The education technology strategic plan advisory committee
shall develop an education technology strategic plan that achieves
the intent and purpose of this article. The plan shall be a
continuing plan that covers a period of not less than three and not
more than five years and is updated annually. In addition to other
strategies considered necessary for achieving the intent and
purpose of this section, the education technology strategic plan
shall address the following:
(1) The strategy for using technology in the public schools
and in the institutions of higher education of the state consistent
with the intent and purpose of this article for each of the
purposes for which the Legislature finds that technology is used in
public schools and institutions of higher education as described in
section one of this article and for any other purposes considered
necessary by the state board and the higher education policy
commission for using technology in the public schools and
institutions of higher education to improve performance and
progress;
(2) The strategy for allocating the resources available and
developing the capacity necessary to achieve the purposes addressed
in the plan. The strategy shall allow for reasonable flexibility
for:
(A) County boards and regional education service agencies to
receive assistance with the development and implementation of
technological solutions designed to improve performance, enrich the
curriculum and increase student access to high level courses;
(B) County boards, regional education service agencies and
institutional boards of governors to implement technological
solutions that address local priorities consistent with achieving
the major objectives set forth in the education technology
strategic plan; and
(C) Using the most cost effective alternative allowable
pursuant to section six of this article for expending funds for
technology acquisition and implementation consistent with the goals
of the plan;
(3) For public education, the strategy for using technology to
maintain equity in the array and quality of educational offerings
and professional qualifications among the counties notwithstanding
circumstances of geography and population density;
(4) For public education, the strategy for developing and
using the capacity of the public school system to implement,
support and maintain technology in the public schools through the
allocation of funds either directly or through contractual
agreements with county boards and regional education service
agencies for labor, materials and other costs associated with the
installation, set-up, internet hook-up, wiring, repair and
maintenance of technology in the public schools and state institutions of higher education;
(5) The strategy for ensuring that the capabilities and
capacities of the technology infrastructure within the state and
its various regions is adequate for acceptable performance of the
technology being implemented in the public schools and the state
institutions of higher education, for developing the necessary
capabilities and capacities, or for pursuing alternative solutions;
(6) The strategy for maximizing student access to learning
tools and resources at all times including before and after school
or class, in the evenings, on weekends and holidays, and for public
education, noninstructional days, and during vacations for student
use for homework, remedial work, independent learning, career
planning and adult basic education;
(7) The strategy for providing access to individualized
instruction through computer-based technology, video and other
technology-based instruction;
(8) The strategy for improving teaching and learning and the
ability to meet individual students' needs to increase student
achievement;
(9) The strategy for improving curriculum delivery to help
meet the needs for educational equity across the state;
(10) The strategy for improving delivery of professional
development;
(11) The strategy for improving the efficiency and
productivity of administrators;
(12) The strategy for encouraging development by the private
sector and acquisition by districts of technologies and
applications appropriate for education;
(13) The strategy for ensuring efficient and equitable use of
technology at all levels from primary school through higher
education, including vocational and adult education;
(14) The strategy for taking advantage of bulk purchasing
abilities to the maximum extent feasible. This may include, but is
not limited to:
(A) A method of recording all technology purchases across both
the public education system and the higher education system;
(B) Combining the purchasing power of the public education
system and the higher education system with the purchasing power of
other state entities or all state entities; or
(C) A method of allowing public education and higher education
to purchase from competitively bid contracts initiated through the
southern regional education board educational technology
cooperative and the American TelEdCommunications Alliance;
(15) A strategy for seeking funding through grants, gifts,
donations or any other source for uses related to education
technology; and
(16) A strategy for allowing any other flexibility that is
determined to be needed for the effective use of technology in
public education and higher education.
(b) Each strategy to be included in the
education technology strategic plan
pursuant to this section shall apply to public
education, higher education or both, as appropriate. The
determination of whether the strategy applies to public education,
higher education or both shall be made by the education technology
strategic plan advisory committee, the state board and the higher
education policy commission.
(c) Nothing in this section may be construed to conflict with
a state higher education institution's mission as set forth in its
compact.
§18-2J-5. State board and higher education policy commission
approval and adoption.
On or before the first day of November, two thousand four, and
each year thereafter, the education technology strategic plan
advisory committee shall submit the education technology strategic
plan to the state board and the higher education policy commission
for approval and adoption. This time line also shall be in
accordance with the federal E-rate discount program. If the state
board, the higher education policy commission or both do not
approve and adopt the plan, the state board, the higher education
policy commission and the education technology strategic plan
advisory committee shall collaborate in addressing any objection,
agree to a plan and then formally approve and adopt the plan agreed
to. The procedure for collaboration shall be determined through
agreement of the state board, the higher education policy
commission and the education technology strategic plan advisory committee. The plan shall become effective the school year
following the time of approval and adoption by both the state board
and the higher education policy commission.
§18-2J-6. Allocation and expenditure of appropriations.
(a) The state board, regional education service agencies, the
higher education policy commission and the state institutions of
higher education shall allocate and expend appropriations for
technology in the public schools or the state institutions of
higher education, as appropriate, in accordance with the education
technology strategic plan except that expenditures from grants
which can only be used for certain purposes are not subject to this
requirement. For public education, the expenditures shall be made
directly, or through lease-purchase arrangements pursuant to the
provisions of article three, chapter five-a of this code, or
through contractual agreements or grants to county boards and
regional education service agencies or any combination of the
foregoing options as shall best implement the strategic plan in the
most cost effective manner.
(b) Nothing in this section requires any specific level of
appropriation by the Legislature.
§18-2J-7. Report to the legislative oversight commission on
education accountability.
The state board and the higher education policy commission
shall report to the legislative oversight commission on education
accountability annually as soon as practical following the annual adoption and approval of the education technology strategic plan.
Additionally, as soon as practical following the annual adoption
and approval of the education technology strategic plan, the state
board and the higher education policy commission shall submit
copies of the report to the joint committee on government and
finance. The report shall summarize the expenditures and other
related activities undertaken to achieve the objectives of the plan
during the past fiscal year, all modifications made in the updated
education technology strategic plan and any other matters
considered important by the state board and the higher education
policy commission to inform the Legislature on the state of
education technology in the public schools and the institutions of
higher education.