HB439ENROLLED
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HB439
XHUCZEE-2
By Representatives Baker, Garrett, Collins
RFD: Education Policy
First Read: 09-Apr-24
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First Read: 09-Apr-24
Enrolled, An Act,
Relating to public K-12 education; to create the K-12
Technology and Cybersecurity Leadership Act; to rename the
position of technology coordinator to technology director; to
provide for the minimum qualifications of technology directors
for each school system; to provide a waiver process for
certain school systems; to require each individual serving in
the role of technology director to complete a training program
and continuing education instruction by the Alabama Leaders in
Educational Technology; to amend Section 29-4-51, Code of
Alabama 1975, regarding the K-12 Capital Grant Program Fund,
to provide that a recipient of K-12 Capital Grant funds must
return any unused grant funds to the state in certain
circumstances; to allow grant funds to be used for pay off
debt; to allow grant recipients to amend their grant proposal
to allow full utilization of funds for eligible purposes; and
to repeal Act 2023-560 of the 2023 Regular Session, now
appearing as Sections 16-65A-1 through 16-65A-7, inclusive,
Code of Alabama 1975, relating to the Distressed Institutions
of Higher Education Revolving Loan Program.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) This section shall be known and may be
cited as the K-12 Technology and Cybersecurity Leadership Act.
(b)(1) The position of technology coordinator in public
K-12 schools is renamed technology director and must be filled
by an employee of the local board of education on a 12-month
contract. Any reference to the term technology coordinator in
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contract. Any reference to the term technology coordinator in
this code or other document shall be interpreted as a
reference to a technology director. The position may not be
filled by a contractor nor the local superintendent of
education.
(2) The minimum qualifications for an individual hired
or assigned to serve as a technology director after October 1,
2024, shall include professional training and work experience
commensurate with the position's responsibilities, including:
a. A degree in a technology-related curriculum from a
regionally accredited two-year or four-year institution of
higher education; or
b. A degree in another field from a regionally
accredited two-year or four-year institution of higher
education and full-time work experience in a technology
support or management position; or
c. A diploma from a regionally accredited high school
with at least one current certification in industry recognized
technologies including, but not limited to, networking,
cybersecurity or data management, and full-time work
experience in a technology support or management position.
(3) School systems unable to fill the position with a
candidate meeting the minimum qualifications may request a
waiver from the State Superintendent of Education.
(c)(1) The Alabama Leaders in Educational Technology, a
professional organization, shall establish and administer a
professional development program for technology directors in
public K-12 school systems.
(2) The professional development program shall provide
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(2) The professional development program shall provide
a mandatory orientation with the Chief Technology Officer
Academy and Continuing Education Units program established by
the Alabama Leaders in Educational Technology and shall
address all of the following:
a. Roles and responsibilities;
b. Laws, ethics, and policies;
c. Data management and governance;
d. Teaching and learning;
e. Information technology management and cybersecurity;
and
f. Technology planning and budgeting.
(3) The Alabama Leaders in Educational Technology shall
routinely review and update the program.
(d)(1) Technology directors shall satisfactorily
complete an orientation program and annual continuing
education units as follows:
a. Newly hired or appointed technology directors shall
complete the chief technology officer academy training program
within 24 months of beginning service in the position.
b. All other technology directors shall complete 12
in-person contact hours of continuing education unit credits
for each fiscal year.
(2) Continuing education unit hours shall be offered or
preapproved by the Alabama Leaders in Educational Technology
program.
(3) The Alabama Leaders in Educational Technology shall
maintain records for the professional development program and
verify completion annually to the State Department of
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verify completion annually to the State Department of
Education.
Section 2. Section 29-4-51, Code of Alabama 1975, is
amended to read as follows:
"ยง29-4-51
(a) The following words and phrases, whenever used in
this section, have the following meanings:
(1) ELIGIBLE K-12 ENTITY. Any public school in
operation in the current fiscal year, the Alabama School of
Math and Science, the Alabama School of Fine Arts, the Alabama
School for Cyber Technology and Engineering, the portion of
the Alabama Institute for Deaf and Blind providing appropriate
elementary/secondary instruction, and may include the
Department of Youth Services School District.
(2) GRANT. The award by the Office of the Lieutenant
Governor of funds appropriated by the Legislature to an
eligible K-12 entity.
(3) GRANT PROPOSAL. A written plan for the expenditure
of funds by an eligible K-12 entity, which meets one or more
of the purposes outlined in subsection (c), subject to the
approval by the Office of the Lieutenant Governor and expended
under the direction of the head of the eligible K-12 entity.
(b) There is created the Alabama K-12 Capital Grant
Program within the Office of the Lieutenant Governor to award
grants to local school systems to assist with capital project,
deferred maintenance, or technology needs of the school
systems. The Legislature may appropriate funds into the K-12
Capital Grant Program Fund which is established within the
State Treasury to facilitate the grant program. An amount
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State Treasury to facilitate the grant program. An amount
determined necessary by the Office of the Lieutenant Governor,
but not to exceed one-quarter of one percent of the available
fund monies, may be used for the administrative costs of
implementing the grant program. No funds shall be withdrawn or
expended except as budgeted and allocated in accordance with
Article 4 of Chapter 4 of Title 41, and only in the amounts
provided by the Legislature in an appropriation bill. Any
unencumbered and unexpended balance of this fund remaining at
the end of any fiscal year shall not lapse or revert, but
shall be carried forward for the purposes of this section
until expended, or until the Legislature does not appropriate
funds for the program for two consecutive fiscal years . Any
unobligated funds remaining in the K-12 Capital Grant Program
Fund at the conclusion of the second consecutive fiscal year
without an appropriation shall revert to the Education Trust
Fund.
(c) K-12 Capital Grants shall be made to an eligible
K-12 entity for only the following purposes:
(1) To assist with the total cost of capital projects
that will enhance the educational environment of students,
including the construction, reconstruction, or renovation of
permanent buildings containing classrooms, offices, libraries,
laboratories, teaching facilities, training facilities,
cafeterias, alternative schools, physical education
facilities, including athletic facilities, facilities for the
performing arts and arts education, together with tangible
personal property that becomes a part of such facilities.
(2) To provide funds to assist with the payment of
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(2) To provide funds to assist with the payment of
existing debt or debt service related to capital projects.
(3) To assist with the total cost of necessary deferred
maintenance for existing facilities.
(4) To assist with the total cost of projects that will
improve school security and safety.
(5) For technology and equipment for schools or
students that will provide access to expanded educational
opportunities.
(d)(1) The Office of the Lieutenant Governor shall
evaluate grant proposals based upon the following criteria:
a. The total amount of state funds available for
grants, with the maximum grant amount from state funds not to
exceed five million dollars ($5,000,000) for any grant
proposal.
b. The purposes for which the grant funds are intended.
c. The availability of local matching funds, so long as
there is not a required match of more than 35 % percent of the
total cost of the project.
d. The extent to which the grant proposals benefit
eligible K-12 entities in each geographic area of the state,
understanding the number of students and school systems
located within each geographic area vary throughout the state.
(2) All applications for grants shall be endorsed by a
member of the Senate and House of Representatives from the
affected delegation in order to be considered.
(3) The Office of the Lieutenant Governor shall utilize
a sliding scale of matching requirements for grant proposals,
taking into consideration the financial capacity of the
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taking into consideration the financial capacity of the
eligible K-12 entity to provide matching funds. The office
shall ensure that grant proposals from eligible K-12 entities
with considerable populations of at-risk students receive
priority consideration for review.
(4) Any eligible K-12 entity receiving grant funds
pursuant to this section may amend their grant proposal once
within 12 months of receipt of the grant to allow funds to be
fully used by the K-12 entity for an eligible purpose. Any
eligible K-12 entity that does not file an amended grant
proposal within 12 months of receipt of the grant shall return
any unobligated grant funds to the Office of the Lieutenant
Governor.
(4)(5) Any eligible K-12 entity receiving grant funds
pursuant to this section shall file a report with the Office
of the Lieutenant Governor within one year following the
receipt of the funds. The report shall indicate that
expenditures are in accordance with the associated grant
proposal and other state laws. Upon a finding that grant
expenditures are not in accordance with these conditions, the
Office of the Lieutenant Governor shall suspend the release of
further grant funds to the entity.
(5)(6) The Department of the Examiners of Public
Accounts shall examine compliance of the recipient K-12
entities with the grant program.
(6)(7) The Office of the Lieutenant Governor shall
design and distribute a grant proposal instrument to the State
Department of Education to make available to eligible K-12
entities. The Office office shall maintain electronic records
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entities. The Office office shall maintain electronic records
of all grant proposals for all grants currently in effect and
all completed grants and may adopt reasonable rules necessary
to implement the provisions of this section.
Section 3. (a) Act 2023-560 of the 2023 Regular
Session, now appearing as Sections 16-65A-1 through 16-65A-7,
inclusive, Code of Alabama 1975, establishing the Distressed
Institutions of Higher Education Revolving Loan Program, is
repealed.
(b)(1) Any funds in the Distressed Institutions of
Higher Education Loan Program Fund shall be transferred to the
Education Trust Fund within 30 days of the effective date of
this section.
(2) Notwithstanding any provision of law to the
contrary, funds transferred to the Education Trust Fund
pursuant to subdivision (1) shall be considered nonrecurring
revenue for purposes of Chapter 9 of Title 29, Code of Alabama
1975, and available for supplemental appropriation for the
fiscal year ending September 30, 2024.
Section 4. Section 1 of this act shall become effective
July 1, 2024. Sections 2 and 3 of this act shall become
effective immediately.
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effective immediately.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 25-Apr-24.
John Treadwell
Clerk
Senate 08-May-24 Amended and Passed
House 09-May-24 Concurred in Senate
Amendment
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