ENROLLED
Senate Bill No. 248
(By Senators Plymale, Edgell, Dempsey, Minard and Jenkins)
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[Passed April 9, 2005; in effect from passage.]
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AN ACT
to amend and reenact §18-2J-1, §18-2J-2, §18-2J-3, §18-2J-4,
§18-2J-5, §18-2J-6 and §18-2J-7 of the Code of West Virginia,
1931, as amended, all relating to public and higher education
technology strategic plan; making findings and stating intent
and purpose; providing for Advisory Council for Educational
Technology; providing powers and duties; providing for goals
and strategies for technology strategic plan; requiring
approval of the plan by the Legislative Oversight Commission
on Education Accountability; requiring allocation and
expenditure of technology appropriations in accordance with
the plan with certain exceptions; and report to Legislative
Oversight Commission on Education Accountability.
Be it enacted by the Legislature of West Virginia:
That §18-2J-1, §18-2J-2, §18-2J-3, §18-2J-4, §18-2J-5, §18-2J-
6 and §18-2J-7 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, all to read as follows:
ARTICLE 2J. PUBLIC AND HIGHER EDUCATION UNIFIED EDUCATIONAL
TECHNOLOGY STRATEGIC PLAN.
§18-2J-1. Findings; intent and purpose of article.
(a) The Legislature finds that technology may be used in the
public school system for many purposes including, but not limited
to, the following:
(1) 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) 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) 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) To provide greater access for students to advanced
curricular offerings, virtual field trips, problemsolving, team-
building exercises, reference information and source knowledge than
could be provided efficiently through traditional on-site delivery
formats;
(5) To help students obtain information on post-secondary
educational opportunities, financial aid and the skills and
credentials required in various occupations that will help them
better prepare for a successful transition following high school;
(6) 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) 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; and
(8) As a tool for managing information, reporting on measures
of accountability, analyzing student learning and helping to
improve student, school and school system performance;
(b) The Legislature finds that technology may be used in the
system of higher education for many purposes including, but not
limited to, the following:
(1) For teaching, learning and research for all students
across all disciplines and programs;
(2) By students, staff and faculty to discover, create,
communicate and collaborate, as well as to enhance research and
economic development activities;
(3) For digital age literacy, problemsolving, creativity,
effective communication, collaboration and high productivity skills essential for West Virginia citizens in a rapidly changing global
economy;
(4) By libraries in higher education to offer reference
services in a virtual environment online;
(5) By libraries in higher education to create and share
cataloging records and that it is possible to create a seamless
resource for sharing these resources between public and higher
education; and
(6) To offer electronic document delivery services to distance
education students and to a multitude of professionals throughout
the state.
(c) The Legislature further finds that all of the uses of
technology in the public school and higher education systems are
not necessarily exclusive and, therefore, that areas exist wherein
cooperation and collaboration between the public schools, the
institutions of higher education and their respective governing
bodies will enable them to combine and share resources, improve
efficiency and better serve their students.
(d) The intent and purpose of this article is to establish a
unified approach to the planning, procurement and implementation of
technology and technology services in the public schools, the
institutions of higher education and their respective governing
bodies that will guide the administration and allocation of
educational technology funds.
§18-2J-2. Governor's Advisory Council for Educational Technology.
(a) There is established, under the Governor's Office of
Technology, the Governor's Advisory Council for Educational
Technology composed of fifteen members as follows:
(1) The Governor's educational technology advisor, ex officio,
who shall chair the council;
(2) The Governor's Chief Technology Officer, ex officio;
(3) One public school technology coordinator;
(4) One public elementary, middle or junior high school
teacher;
(5) One public secondary school teacher;
(6) A technology representative from Marshall University;
(7) A technology representative from West Virginia University;
(8) One member of the Center for Professional Development
Board;
(9) Three individuals from the private sector with expertise
in education technology;
(10) One public secondary or higher education student;
(11) One representative of the Office of Business Development;
(12) One member of the Higher Education Policy Commission, or
his or her designee; and
(13) One member of the State Board, or his or her designee.
(b) The Advisory Council shall meet as necessary, but shall
hold no less than four meetings annually. Eight members constitute a quorum for conducting the business of the advisory council. All
members of the Advisory Council are entitled to vote.
(c) The thirteen members of the Council who are not members ex
officio shall be appointed by the Governor with the advice and
consent of the Senate for terms of three years, except that of the
original appointments, four members shall be appointed for one
year; four members shall be appointed for two years; and five
members shall be appointed for three years. No member may serve
more than two consecutive full terms, nor may a member be appointed
to a term which results in the member serving more than seven
consecutive years.
(d) Members of the Advisory Council 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 Council who is an employee
of the state shall be reimbursed by the employing agency.
§18-2J-3. Powers and duties of Governor's Advisory Council for
Educational Technology.
In addition to any other powers and duties assigned to it by
this article and in this code, the Governor's Advisory Council for
Educational Technology shall:
(1) Assess the broad spectrum of technology needs present within the state's education systems as the basis for constructing
a unified educational technology strategic plan that will guide the
administration and allocation of educational technology funds;
(2) Assemble and integrate into the planning process the
perspectives of students, teachers, faculty and administrators
regarding educational technology programs;
(3) Assess, evaluate and publicize the effects of technology
use by educators and students toward student learning and
achievement;
(4) Explore new approaches to improve administration,
accountability and student achievement within the education systems
through technology application;
(5) Develop a unified educational technology strategic plan as
required in section five of this article;
(6) Monitor the technology programs of the agencies and
education systems affected by the educational technology strategic
plan to assess its implementation and effectiveness; and
(7) Advise the Governor and the Legislature on any matters the
Council considers important inform to the Governor and the
Legislature on the state of education technology in the public
schools and the institutions of higher education and on any matters
requested by the Governor and the Legislature.
§18-2J-4. Educational technology strategic plan goals and
strategies.
(a) The following are goals that the Governor's Advisory
Council for Educational Technology should consider when
constructing the educational technology strategic plan. Each goal
shall apply to public education, higher education or both, as
appropriate:
(1) Maintaining a reasonable balance in the resources
allocated among the customary diverse uses of technology in the
public school and higher education systems, while allowing
flexibility to address unanticipated priority needs and unusual
local circumstancesand ensuring efficient and equitable use of
technology at all levels from primary school through higher
education, including vocational and adult education;
(2) Providing for uniformity in technological hardware and
software standards and procedures to achieve interoperability
between the public school and higher education systems 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 within the public
school and higher education systems, respectively, 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 to
efficiently manage and direct the resources available for
technology in the public school and higher education systems to
establish appropriate infrastructure that ensures, to the extent
practicable, a sustainable, cost-effective and transparent
migration to new technology platforms;
(5) Fostering closer communication between faculty, students
and administrators and 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; and
(6) Creating and maintaining compatible and secure technology
systems that enhance the efficient operation of the education
systems.
(b) The following are strategies that the Governor's Advisory
Council for Educational Technology must address in the educational
technology strategic plan. Unless specifically identified
otherwise, each strategy shall apply to public education, higher education or both, as appropriate:
(1) The strategy for using technology in the public school and
higher education systems consistent with the findings, intent and
purpose of this article and other uses considered necessary to
improve student performance and progress. In addition, these uses
may include:
(A) Providing for individualized instruction and accommodating
a variety of learning styles of students through computer-based
technology, video and other technology-based instruction;
(B) Advancing learning through alternative approaches in
curriculum to integrate education, research and technology into
lifelong learning strategies;
(C) Increasing student access to high quality blended distance
learning curriculum using real time interactive and online distance
education tools;
(D) Recognizing that information literacy is a fundamental
competency for lifelong learning and information literacy is
incorporated into the curricula of higher education and the
workplace; and
(E) Improving teaching and learning and the ability to
increase student achievement by meeting individual student needs;
(2) The strategy for allocating the resources available and
developing the capacity necessary to achieve the purposes addressed
in the plan. The strategy shall:
(A) Allow for reasonable flexibility for 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) Allow for reasonable flexibility for 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) Use 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;
(D) Encourage development by the private sector of
technologies and applications appropriate for education; and
(E) Encourage the pursuit of funding through grants, gifts,
donations or any other source for uses related to education
technology;
(3) For public education, the strategy for using technology to
increase and maintain equity in the array and quality of
educational offerings, expand the curriculum, deliver high-quality
professional development and strengthen professional qualifications
among the counties notwithstanding circumstances of geography, population density and proximity to traditional teacher
preparation;
(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 improving the efficiency and productivity of administrators;
(8) 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; and
(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; and
(9) 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.
(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. Unified educational technology strategic plan.
(a) The Governor's Advisory Council for Educational Technology
shall develop a unified educational technology strategic plan and
submit the plan to the Legislative Oversight Commission on
Education Accountability for approval on or before the first day of October, two thousand five. On or before the first day of October
in each year thereafter, the Council shall update the plan and
submit the plan to the Commission for approval. The time line for
updating and revising the rule and plan also shall be in accordance
with the federal E-rate discount program. The plan is not
effective until approved by the Commission.
(b) On or before the fifteenth day of June, two thousand five,
and each year thereafter, each state institution of higher
education shall submit a technology plan for the next fiscal year
to the Higher Education Policy Commission. The plan shall be in a
form and contain the information determined by the Governor's
Advisory Council for Educational Technology. On or before the
thirtieth day of June, two thousand five, and each year thereafter,
the Higher Education Policy Commission shall submit the plans to
the Governor's Advisory Council for Educational Technology for its
consideration in constructing the unified educational technology
strategic plan.
§18-2J-6. Allocation and expenditure of appropriations.
(a) After the thirtieth day of June, two thousand five,
notwithstanding any other provision of this code to the contrary,
and specifically section seven, article two-e of this chapter, the
State Board, regional education service agencies, the Higher
Education Policy Commission and the state institutions of higher
education shall allocate and expend state appropriations for technology in the public schools or the state institutions of
higher education, as appropriate, in accordance with the unified
educational technology strategic plan subject to the following:
(1) Expenditures from grants which can only be used for
certain purposes are not required to be made in accordance with the
plan;
(2) If the plan is not approved by the Legislative Oversight
Commission on Education Accountability, the plan has no effect;
(3) 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;
(4) Nothing in this section nor in the prior enactment of this
section restricts the expenditure of educational technology funds
appropriated for the fiscal year, two thousand five, for the
purposes for which they were allocated; and
(5) Except as provided in subdivision (2) of this subsection,
no more than fifty percent of the state appropriations for the
fiscal year, two thousand six, to the Department of Education for
educational technology in kindergarten through the twelfth grade
may be expended or encumbered except in accordance with the Unified educational technology strategic plan.
(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
approval, annual update or revision of the unified educational
technology strategic plan. The report shall include the proposed
allocations of funds or planned expenditures for educational
technology within the respective public school and higher education
systems during the next fiscal year in accordance with the plan
compared with the previous year's allocations and expenditures.