Texas 2009 - 81st Regular

Texas House Bill HB2893 Compare Versions

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1	1	H.B. No. 2893
2	2
3	3
4	4	AN ACT
5	5	relating to the technology demonstration sites project and to a
6	6	computer lending pilot program.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Subchapter D, Chapter 32,
9	9	Education Code, is amended to read as follows:
10	10	SUBCHAPTER D. TECHNOLOGY DEMONSTRATION SITES [IMMERSION PILOT]
11	11	PROJECT
12	12	SECTION 2. Sections 32.151, 32.152, 32.153, and 32.154,
13	13	Education Code, are amended to read as follows:
14	14	Sec. 32.151. ESTABLISHMENT OF [PILOT] PROJECT. (a) The
15	15	agency may by rule establish the technology demonstration sites
16	16	[immersion pilot] project to:
17	17	(1) demonstrate the use of technology for improving
18	18	teaching and learning;
19	19	(2) use digital tools and resources to extend learning
20	20	opportunities from school to home; and
21	21	(3) exemplify instructional practices and lessons
22	22	that support academic learning in the classroom and at home.
23	23	(b) The project shall use existing home electronic devices
24	24	or provide access through electronic [a wireless mobile computing]
25	25	device checkout options to extend learning at home. The project
26	26	shall make electronic devices available to each student in a
27	27	participating school to allow students, at school and at home, to
28	28	[and implement the] use [of] software, on-line courses, and other
29	29	appropriate learning technologies that have been shown to improve
30	30	academic achievement and the progress measures listed in Section
31	31	32.155(e).
32	32	Sec. 32.152. [PILOT] PROJECT ADMINISTRATION. If the agency
33	33	establishes the [pilot] project under Section 32.151, the agency
34	34	shall establish a procedure and develop criteria for the
35	35	administration of the [pilot] project. In administering the
36	36	[pilot] project, the agency shall:
37	37	(1) select participating school districts or schools;
38	38	(2) define the conditions for the distribution and use
39	39	of electronic devices not currently available to all students
40	40	[computer equipment and other technologies];
41	41	(3) develop guidelines for a distribution and checkout
42	42	plan for home use of electronic devices [purchase and distribute
43	43	computer equipment and other technologies];
44	44	(4) [enter into contracts as necessary to implement
45	45	the pilot project;
46	46	[(5)] monitor local [pilot] project implementation;
47	47	and
48	48	(5) review the progress made through each
49	49	demonstration site included in the project
50	50	[(6) conduct a final evaluation of the pilot project].
51	51	Sec. 32.153. [PILOT] PROJECT FUNDING. (a) To implement
52	52	the [pilot] project, the agency may use any gift, grant, or donation
53	53	given for the [pilot] project. The agency may solicit and accept a
54	54	gift, grant, or donation of any kind from any source, including from
55	55	a foundation, private entity, governmental entity, and institution
56	56	of higher education, for the implementation of the [pilot]
57	57	project. The agency may use only undedicated and unobligated money
58	58	from the general revenue fund for purposes of the [pilot] project.
59	59	(b) Funds for the [pilot] project may not be used for the
60	60	construction of a building or other facility.
61	61	(c) The participating school districts and schools [agency]
62	62	shall use [pilot] project funds for:
63	63	(1) the purchase of electronic [wireless mobile
64	64	computing] devices so that each student in a participating
65	65	classroom has an electronic [a wireless mobile computing] device
66	66	for use at school and at home;
67	67	(2) the purchase of other equipment, including
68	68	[additional] computer hardware and software;
69	69	(3) the hiring of pedagogical and technical support
70	70	staff for school districts or schools participating in the [pilot]
71	71	project; and
72	72	(4) the purchase of technology-based learning
73	73	materials and resources.
74	74	(e) The [pilot] project may be implemented only if
75	75	sufficient funds are available under this section for that purpose.
76	76	Sec. 32.154. DISTRICT OR SCHOOL SELECTION. (a) A school
77	77	district may apply to the agency for the establishment of a
78	78	technology demonstration sites [immersion pilot] project for the
79	79	entire district or for a particular school or group of schools in
80	80	the district.
81	81	(b) The agency shall select the participating districts and
82	82	schools for the [pilot] project based on each district's or school's
83	83	need and technological readiness for the [pilot] project. [In
84	84	selecting participants, the agency shall consider the following
85	85	criteria:
86	86	[(1) whether the district or school has limited access
87	87	to educational resources that could be improved through the use of
88	88	wireless mobile computing devices and other technologies;
89	89	[(2) whether the district or school has the following
90	90	problems and whether those problems can be mitigated through the
91	91	use of wireless mobile computing devices and other technologies:
92	92	[(A) documented teacher shortages in critical
93	93	areas;
94	94	[(B) limited access to advanced placement
95	95	courses;
96	96	[(C) low rates of satisfactory performance on
97	97	assessment instruments under Subchapter B, Chapter 39; and
98	98	[(D) high dropout rates;
99	99	[(3) the district's or school's readiness to
100	100	incorporate technology into its classrooms;
101	101	[(4) the possibility of obtaining a trained technology
102	102	support staff and high-speed Internet services for the district or
103	103	school; and
104	104	[(5) the methods the district or school will use to
105	105	measure the progress of the pilot project in the district or school
106	106	in accordance with Section 32.155(e).]
107	107	(c) The agency shall [if possible] select at least five
108	108	school districts [schools] to participate in the [pilot] project.
109	109	At least one demonstration site included in the [pilot] project
110	110	should include students in grades 6-12. The agency may select at
111	111	least one [entire] school district in which each school in the
112	112	district participates [and at least one entire school in a second
113	113	district to participate] in the [pilot] project.
114	114	SECTION 3. Sections 32.155(a), (c), (d), and (e), Education
115	115	Code, are amended to read as follows:
116	116	(a) Each participating school district or school shall
117	117	establish a community educational pipeline progress team to assist
118	118	in developing and implementing the technology demonstration sites
119	119	[immersion pilot] project.
120	120	(c) The team shall develop an academic improvement plan that
121	121	details how the [pilot] project should be implemented in the
122	122	participating district or school. In developing the academic
123	123	improvement plan, the team shall consider:
124	124	(1) the educational problems in the district or school
125	125	that could be mitigated through the implementation of the [pilot]
126	126	project; and
127	127	(2) the technological and nontechnological resources
128	128	that are necessary to ensure the successful implementation of the
129	129	[pilot] project.
130	130	(d) The team shall recommend to the board of trustees how
131	131	the [pilot] project funds should be used to implement the academic
132	132	improvement plan developed under Subsection (c). The team may
133	133	recommend annually any necessary changes in the academic
134	134	improvement plan to the board. The agency must approve the academic
135	135	improvement plan, or any changes in the academic improvement plan,
136	136	before disbursing [pilot] project funds to the board.
137	137	(e) The board of trustees of each district participating in
138	138	the [pilot] project shall send an annual progress report to the
139	139	agency not later than August 1 of each year that the district is
140	140	participating in the [pilot] project. The report must state in
141	141	detail the type of plan being used in the district or school and the
142	142	effect of the [pilot] project on the district or school, including:
143	143	(1) the academic progress of students who are
144	144	participating in a [pilot] project, as measured by performance on
145	145	assessment instruments;
146	146	(2) if applicable, a comparison of student progress in
147	147	a school or classroom that is participating in the [pilot] project
148	148	as compared with student progress in the schools or classrooms in
149	149	the district that are not participating in the [pilot] project;
150	150	(3) any elements of the [pilot] project that
151	151	contribute to improved student performance on assessment
152	152	instruments administered under Section 39.023 or any other
153	153	assessment instrument required by the agency;
154	154	(4) any cost savings and improved efficiency relating
155	155	to school personnel and the maintenance of facilities;
156	156	(5) any effect on student dropout and attendance
157	157	rates;
158	158	(6) any effect on student enrollment in higher
159	159	education;
160	160	(7) any effect on teacher performance and retention;
161	161	(8) any improvement in communications among students,
162	162	teachers, parents, and administrators;
163	163	(9) any improvement in parent involvement in the
164	164	education of the parent's child;
165	165	(10) any effect on community involvement and support
166	166	for the district or school; and
167	167	(11) any increased student proficiency in
168	168	technologies that will help prepare the student for becoming a
169	169	member of the workforce.
170	170	SECTION 4. Sections 32.156 and 32.157, Education Code, are
171	171	amended to read as follows:
172	172	Sec. 32.156. ELECTRONIC DEVICE [COMPUTER] RETENTION. Each
173	173	student participating in the [pilot] project may retain the
174	174	electronic [wireless mobile computing] device provided under the
175	175	[pilot] project as long as the student is enrolled in a school in a
176	176	participating school district. [The student may retain the
177	177	wireless mobile computing device after the expiration of the pilot
178	178	project.]
179	179	Sec. 32.157. [PILOT] PROJECT EVALUATION; EXPIRATION.
180	180	(a) After the expiration of the [pilot] project, the agency may
181	181	review the [pilot] project based on the annual reports the agency
182	182	receives from the board of trustees of participating school
183	183	districts. The agency may include the review of the [pilot]
184	184	project in the comprehensive annual report required under Section
185	185	39.182 that covers the 2012-2013 [2010-2011] school year.
186	186	(b) This subchapter expires August 31, 2013 [2011].
187	187	SECTION 5. Chapter 32, Education Code, is amended by adding
188	188	Subchapter H to read as follows:
189	189	SUBCHAPTER H. COMPUTER LENDING PILOT PROGRAM
190	190	Sec. 32.351. ESTABLISHMENT OF PILOT PROGRAM. The
191	191	commissioner by rule shall establish a computer lending pilot
192	192	program to provide computers to participating public schools that
193	193	make computers available for use by students and their parents.
194	194	Sec. 32.352. PILOT PROGRAM ADMINISTRATION. The
195	195	commissioner shall establish procedures for the administration of
196	196	the pilot program, including procedures for distributing to
197	197	participating public schools:
198	198	(1) any surplus or salvage data processing equipment
199	199	available for distribution under the pilot program; or
200	200	(2) computers donated or purchased for that purpose
201	201	with funds from any available source, including a foundation,
202	202	private entity, governmental entity, and institution of higher
203	203	education.
204	204	Sec. 32.353. ELIGIBLE SCHOOLS. A public school is eligible
205	205	to participate in the pilot program if:
206	206	(1) 50 percent or more of the students enrolled in the
207	207	school are educationally disadvantaged; and
208	208	(2) the school operates or agrees to operate a
209	209	computer lending program that:
210	210	(A) allows students and parents to borrow a
211	211	computer;
212	212	(B) includes an option for students and parents
213	213	to work toward owning a computer initially borrowed under the
214	214	school's lending program, subject to any applicable legal
215	215	restrictions regarding disposition of the computer involved;
216	216	(C) provides computer training for students and
217	217	parents; and
218	218	(D) operates outside regular school hours,
219	219	including operation until at least 7 p.m. on at least three days
220	220	each week.
221	221	Sec. 32.354. ANNUAL REPORT. Not later than January 1 of
222	222	each year, the commissioner shall submit a report to the
223	223	legislature regarding the computer lending pilot program
224	224	established under this subchapter.
225	225	Sec. 32.355. EXPIRATION. This subchapter expires September
226	226	1, 2014.
227	227	SECTION 6. Section 2175.128, Government Code, is amended by
228	228	adding Subsections (a-1) and (b-1) to read as follows:
229	229	(a-1) Notwithstanding Subsection (a), if a disposition of a
230	230	state agency's surplus or salvage data processing equipment is not
231	231	made under Section 2175.125 or 2175.184, the state agency shall
232	232	make the equipment available to the commissioner of education for
233	233	use in the computer lending pilot program established under
234	234	Subchapter H, Chapter 32, Education Code. If the commissioner of
235	235	education declines to take the equipment, the state agency shall
236	236	transfer the equipment in accordance with Subsection (a). The
237	237	state agency may not collect a fee or other reimbursement from the
238	238	commissioner of education for the equipment made available under
239	239	this subsection. This subsection expires September 1, 2014.
240	240	(b-1) Notwithstanding Subsection (b), if a disposition of
241	241	the surplus or salvage data processing equipment of a state
242	242	eleemosynary institution or an institution or agency of higher
243	243	education is not made under other law, the institution or agency
244	244	shall make the equipment available to the commissioner of education
245	245	for use in the computer lending pilot program established under
246	246	Subchapter H, Chapter 32, Education Code. If the commissioner of
247	247	education declines to take the equipment, the institution or agency
248	248	shall transfer the equipment in accordance with Subsection (b).
249	249	The state eleemosynary institution or institution or agency of
250	250	higher education may not collect a fee or other reimbursement from
251	251	the commissioner of education for the equipment made available
252	252	under this subsection. This subsection expires September 1, 2014.
253	253	SECTION 7. This Act takes effect September 1, 2009.
254	254	______________________________ ______________________________
255	255	President of the Senate Speaker of the House
256	256	I certify that H.B. No. 2893 was passed by the House on April
257	257	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
258	258	voting; and that the House concurred in Senate amendments to H.B.
259	259	No. 2893 on May 23, 2009, by the following vote: Yeas 142, Nays 0,
260	260	1 present, not voting.
261	261	______________________________
262	262	Chief Clerk of the House
263	263	I certify that H.B. No. 2893 was passed by the Senate, with
264	264	amendments, on May 20, 2009, by the following vote: Yeas 29, Nays
265	265	0.
266	266	______________________________
267	267	Secretary of the Senate
268	268	APPROVED: __________________
269	269	Date
270	270	__________________
271	271	Governor