House Bill 1178

(As Sent to Governor)

AN ACT TO AMEND SECTION 37-151-17, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE COUNCIL FOR EDUCATION TECHNOLOGY; TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE COUNCIL; TO AMEND SECTIONS 37-151-19 AND 37-151-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-151-17, Mississippi Code of 1972, is amended as follows:

37-151-17. (1) There is established the Council for Education Technology, which shall be an advisory group attached to the Board of the Department of Information Technology Services and the State Board of Education. The council shall develop a master plan for education technology.

(2) (a) The council shall consist of the following members who shall serve as ex officio voting members:

(i) The Director of the Management Information Services in the Department of Education;

(ii) The Director of Educational Technology in the Department of Education;

(iii) The Executive Director of the Mississippi Department of Information Technology Services;

(iv) The Executive Director of Mississippi Public Broadcasting;

(v) The Executive Director of the Mississippi Library Commission;

(vi) The Executive Director of the State Board for Community and Junior Colleges; and

(vii) The Commissioner of Higher Education * * *.

(b) The following eight (8) members to be appointed no later than August 1, 2004, as follows:

(i) One (1) member appointed by the State Board of Education;

(ii) Two (2) members appointed by the Governor; * * *

(iii) One (1) member appointed by the Lieutenant Governor;

(iv) One (1) member appointed by the Speaker of the House;

(v) One (1) member of the Mississippi Educational Computing Association to be appointed by the State Superintendent of Public Education;

(vi) One (1) member appointed by the Board of Information Technology Services; and

(vii) One (1) member appointed by the Executive Director of the Mississippi Development Authority.

All appointed members of the council shall have a demonstrated knowledge in the use, applications and specifications of education technology * * *. A majority of the membership present at any meeting shall constitute a quorum for the official conduct of business.

(c) Members appointed to the council before August 1, 2004, shall be subject to reappointment or replacement by the appointing entity.

(3) Members shall be appointed for four-year terms and may be reappointed for one (1) additional four-year term. Members may be reimbursed for mileage and actual and necessary expenses in accordance with state law, and members who are not state officers or employees shall receive per diem as authorized in Section 25-3-69.

(4) Immediately upon receiving notice of the appointment of all members, the Executive Director of the Department of Information and Technology Services shall call an organizational meeting no later than September 15, 2004, and shall serve as chairperson of the council for the first year beginning with the date of the organizational meeting. The council shall elect from among the members * * * any other officers it deems necessary, and define the duties of the officers. The council shall annually elect a chairperson and no member shall serve more than two (2) consecutive years as chairperson.

(5) Meetings shall be held at least four (4) times per year, or upon call of the chairperson, at a time and place designated by the chairperson. The Department of Information and Technology Services and the State Department of Education shall provide staff support for the council.

(6) The duties and responsibilities of the council shall include, but not be limited to, the following:

(a) Developing and updating annually a long-range master plan for the efficient and equitable use of technology at all levels from primary school through higher education, including vocational and adult education. The plan shall focus on the technology requirements of classroom instruction, literacy laboratories, student record management, financial and administrative management, distance learning and communications as they relate to the state's performance goals for students. The annual plan shall include specific and detailed cost projections and analysis related to its implementation. The plan shall be presented to the Mississippi Department of Information Technology Services for approval and a copy shall be provided annually to the Legislature no later than November 1, highlighting any cost projections and a detailed budget and justifications for implementation of the plan;

(b) Creating, overseeing and monitoring a well-planned and efficient statewide network of technology services designed to meet the educational and informational needs of the schools;

(c) Working with private enterprise to encourage the development of technology products specifically designed to answer Mississippi's educational needs;

(d) Encouraging an environment receptive to technological progress in education throughout the state; * * * (e) Working with other state entities to maximize the use and benefit of the state's technology infrastructure, to avoid duplication of public and private resources and to maximize the purchasing ability of the state. When appropriate, shared resources and competitive bidding shall be used; and

(f) Ensuring collaboration of all education entities to maximize efficiency and cost savings and to enhance the utilization of education technology as a means of impacting the shortage of teachers.

All contracts, requests for proposals and bid awards shall be subject to the approval of the Mississippi Department of Information Technology Services.

SECTION 2. Section 37-151-19, Mississippi Code of 1972, is amended as follows:

37-151-19. (1) The Council for Education Technology shall develop and update annually the master plan for education technology and submit the plan to the Board of the Department of Information Technology Services, State Board of Education and the Legislature. The annual master plan shall include detailed and specific cost projections and a detailed budget for its implementation. Implementation of each stage of the master plan shall begin immediately upon approval of the Board of the Department of Information Technology Services and the State Board of Education, and upon any appropriation of any necessary funding required to carry out the objectives of the plan. The plan shall outline the state's five-year activities related to purchasing, developing and using technology to:

(a) Improve learning and teaching and the ability to meet individual students' needs to increase student achievement;

(b) Improve curriculum delivery to help meet the needs for educational equity across the state;

(d) Improve the efficiency and productivity of administrators; and

(e) Encourage development by the private sector and acquisition by districts of technologies and applications appropriate for education.

(2) The five-year plan, which shall be updated annually, shall cover all aspects of education technology, including, but not limited to, its use in educational instruction and administration, video and computer systems, software and hardware, multiple delivery systems for satellite, microwave, cable, instructional television fixed service, fiber optic and computer connections products, video cameras and monitoring equipment for classrooms, school buildings and school buses, the preparation of school buildings for technological readiness, and the development of staff necessary to implement the plan.

(3) Periodically, to develop and make specific recommendations to the Board of the Department of Information Technology Services and the State Board of Education for the adoption of minimum specifications for the equipment to be utilized in the education technology plan by school districts. The Board of the Department of Information Technology Services and the State Board of Education shall adopt and promulgate said minimum guidelines for the utilization of said education technology equipment * * *.

(4) The integrated technology-based communications system shall provide comprehensive, current, accurate and accessible information relating to management, finance, operations, instruction and pupil programs which are under the jurisdiction of the Department of Education.

(5) To facilitate communication among teachers, parents, students and prospective employers of students, and to provide access to many vital technological services, the five-year plan may include the installation of telephone lines in each classroom.

(6) In designing and implementing the five-year plan, the council shall consider seeking the active participation of private organizations whose knowledge and assistance will be useful.

(7) The council shall update as necessary, but not less than annually, the plan developed under subsection (2) of this section and report to the Legislature, the Board of the Department of Information Technology Services and the State Board of Education at the completion of each implementation phase of the master plan.

* * *

SECTION 3. Section 37-151-21, Mississippi Code of 1972, is amended as follows:

37-151-21. The council shall create a strategic plan for distance learning in the state and submit it to the Legislature, the Board of the Department of Information Technology Services and the State Board of Education by November 1, 2004. The plan shall set forth the state's vision for developing a long-term and statewide distance learning strategy. It shall include, but not be limited to, definitions of the types of distance learning delivery systems, an evaluation process for determining and certifying the educational and cost-effectiveness of each type of delivery system, comparisons of the various types of delivery systems and recommendations for implementation. The plan shall include specific cost projections and a detailed budget for all components of its implementation.

SECTION 4. This act shall take effect and be in force from and after its passage.