Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 1264
Ì849922:Î849922
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/10/2015 .
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Appropriations Subcommittee on Education (Legg) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (2), (7), and (10) of section
6 282.0051, Florida Statutes, are amended to read:
7 282.0051 Agency for State Technology; powers, duties, and
8 functions.—The Agency for State Technology shall have the
9 following powers, duties, and functions:
10 (2) Establish and publish information technology
11 architecture standards that:
12 (a) to Provide for the most efficient use of the state’s
13 information technology resources and that to ensure
14 compatibility and alignment with the needs of state agencies.
15 The agency shall assist state agencies in complying with the
16 standards.
17 (b) Address for purposes of implementing digital classrooms
18 under s. 1011.62(12) issues that include, but are not limited
19 to, device recommendations, security requirements, connectivity
20 requirements, and browser expectations. Such standards must be
21 published by December 1, 2015.
22 (7)(a) Participate with the Department of Management
23 Services in evaluating, conducting, and negotiating competitive
24 solicitations for state term contracts for information
25 technology commodities, consultant services, or staff
26 augmentation contractual services pursuant to s. 287.0591.
27 (b) Collaborate with the Department of Management Services
28 in information technology resource acquisition planning.
29 (c) Collaborate with the Department of Education and the
30 Department of Management Services to identify:
31 1. State term contract procurement options that are
32 available to school districts which provide information
33 technology commodities, consultant services, or staff
34 augmentation contractual services that support the information
35 technology architecture standards applicable to digital
36 classrooms.
37 2. Shared services available to school districts through
38 the State Data Center to facilitate the implementation of school
39 district digital classrooms plans.
40 (10)(a) Beginning July 1, 2016, and annually thereafter,
41 conduct annual assessments of state agencies to determine
42 compliance with all information technology standards and
43 guidelines developed and published by the agency, and beginning
44 December 1, 2016, and annually thereafter, provide results of
45 the assessments to the Executive Office of the Governor, the
46 President of the Senate, and the Speaker of the House of
47 Representatives.
48 (b) Include in the annual assessment of the Department of
49 Education under paragraph (a), the status of statewide
50 implementation of digital classrooms and each school district’s
51 status of compliance with the information technology
52 architecture standards identified under paragraph (2)(b),
53 planning guidance to address identified gaps, and
54 recommendations for improving cost efficiencies pursuant to s.
55 282.0052.
56 Section 2. Section 282.00515, Florida Statutes, is amended
57 to read:
58 282.00515 Duties of Cabinet agencies.—The Department of
59 Legal Affairs, the Department of Financial Services, and the
60 Department of Agriculture and Consumer Services shall adopt the
61 standards established in s. 282.0051(2)(a) s. 282.0051(2), (3),
62 and (8) or adopt alternative standards based on best practices
63 and industry standards, and may contract with the Agency for
64 State Technology to provide or perform any of the services and
65 functions described in s. 282.0051 for the Department of Legal
66 Affairs, the Department of Financial Services, or the Department
67 of Agriculture and Consumer Services.
68 Section 3. Section 282.0052, Florida Statutes, is created
69 to read:
70 282.0052 Digital classrooms information technology
71 architecture standards.—
72 (1) Beginning July 1, 2015, the Agency for State
73 Technology, or an independent third-party professional
74 organization that the agency contracts with, shall:
75 (a) Consult with the Department of Education to identify
76 information technology architecture standards pursuant to s.
77 282.0051 for the successful implementation of digital
78 classrooms, pursuant to s. 1011.62(12), in public schools within
79 the state beginning in the 2016-2017 school year. Such standards
80 must include, but are not limited to, device recommendations,
81 security requirements, connectivity requirements, and browser
82 expectations.
83 (b) Perform an annual assessment of the state 5-year
84 strategic plan developed pursuant to s. 1001.20 and school
85 district digital classrooms plan adopted pursuant to s.
86 1011.62(12) to determine the digital readiness of school
87 districts and their compliance with the information technology
88 architecture standards identified under paragraph (a). The
89 digital readiness of school districts must be assessed using the
90 digital readiness scorecard established under s. 1001.20(4)(a).
91 (c) Provide prospective planning guidance and technical
92 assistance to the Department of Education, school districts, and
93 public schools regarding identified gaps in technology
94 infrastructure and recommended improvements to meet the
95 information technology architecture standards identified under
96 paragraph (a).
97 (d) Summarize and report, by May 1, 2016, for the 2015-2016
98 school year, and by December 1 for each school year thereafter,
99 to the Governor, the President of the Senate, and the Speaker of
100 the House of Representatives:
101 1. The status of technology infrastructure of school
102 districts and public schools within the state.
103 2. Recommendations for improving cost efficiencies and
104 maximizing investments in technology by the state and school
105 districts to establish digital classrooms.
106 (2) For the 2015-2016 school year, the Agency for State
107 Technology must provide the status of technology infrastructure
108 information regarding implementation of digital classrooms
109 statewide and by each school district to the Commissioner of
110 Education by April 1, 2016. For each school year thereafter, the
111 status of technology infrastructure information must be provided
112 to the commissioner by November 1 of each year.
113 (3) For the 2015-2016 school year, the Department of
114 Education must provide to each school district the status of the
115 statewide implementation of digital classrooms and the school
116 district’s status regarding compliance with the information
117 technology architecture standards identified under paragraph
118 (1)(a) by June 1, 2016. For each school year thereafter, the
119 Department of Education must notify a school district regarding
120 compliance with the information technology architecture
121 standards by January 1 of each year. In addition, the Department
122 of Education must provide planning guidance to address
123 identified gaps and recommendations for improving cost
124 efficiencies in accordance with subsection (1) to each school
125 district. If the annual assessment indicates that a school
126 district is not in compliance with the information technology
127 architecture standards identified under paragraph (1)(a), the
128 school district must, within 60 days from the date of receipt of
129 such notification from the Department of Education become
130 compliant; obtain an exemption to waive compliance from the
131 Department of Education; or procure services through the agency
132 or the Department of Management Services to achieve compliance.
133 Section 4. Paragraph (a) of subsection (4) of section
134 1001.20, Florida Statutes, is amended to read:
135 1001.20 Department under direction of state board.—
136 (4) The Department of Education shall establish the
137 following offices within the Office of the Commissioner of
138 Education which shall coordinate their activities with all other
139 divisions and offices:
140 (a) Office of Technology and Information Services.—
141 1. Responsible for developing a 5-year strategic plan, in
142 consultation with the Agency for State Technology, to
143 incorporate the minimum information technology architecture
144 standards for the successful implementation of digital
145 classrooms to improve student performance outcomes under s.
146 1011.62(12) for establishing Florida digital classrooms by
147 October 1, 2014, and annually updating the plan by January 1
148 each year thereafter. The Florida digital classrooms plan shall
149 be provided to each school district and published on the
150 department’s website. The plan must:
151 a. Describe how technology will be integrated into
152 classroom teaching and learning to assist the state in improving
153 student performance outcomes and enable all students in Florida
154 to be digital learners with access to digital tools and
155 resources.
156 b. Identify minimum information technology architecture
157 standards requirements, which that include specifications for
158 hardware, software, devices, networking, security, and bandwidth
159 capacity and guidelines for the ratio of students per device.
160 The Office of Technology and Information Services shall consult
161 with the Agency for State Technology in identifying minimum
162 information technology architecture standards.
163 c. Establish minimum requirements for professional
164 development opportunities and training to assist district
165 instructional personnel and staff with the integration of
166 technology into classroom teaching.
167 d. Identify the types of digital tools and resources that
168 can assist district instructional personnel and staff in the
169 management, assessment, and monitoring of student learning and
170 performance.
171 2. Responsible for making budget recommendations to the
172 commissioner, providing data collection and management for the
173 system, assisting school districts in securing Internet access
174 and telecommunications services, including those eligible for
175 funding under the Schools and Libraries Program of the federal
176 Universal Service Fund, and coordinating services with other
177 state, local, and private agencies.
178 3. Responsible for coordinating with the Agency for State
179 Technology to facilitate school districts’ access to state term
180 contract procurement options and shared services pursuant to s.
181 282.0051(7)(c).
182 4. Responsible for consulting with the Agency for State
183 Technology to establish uniform definitions of information
184 technology architecture components which must be incorporated
185 into the department’s 5-year strategic plan. The uniform
186 definitions must be incorporated by each charter school that
187 seeks Florida digital classrooms allocation funds and by each
188 district school board in the technology information annually
189 submitted to the department which includes, but is not limited
190 to, digital classroom plans and technology resources inventory.
191 5. Responsible for consulting with the Agency for State
192 Technology to create a digital readiness scorecard to compare
193 the digital readiness of school districts within the state. The
194 scorecard must use the uniform definitions identified under this
195 section and information technology architecture standards
196 identified under s. 282.0052(1)(a). At a minimum, the scorecard
197 must include the student-to-device ratio, the percentage of
198 schools within each district that meet bandwidth standards, the
199 percentage of classrooms within each district that meet wireless
200 standards, the refresh rate of devices, network capacity,
201 information storage capacity, and information security services.
202 Section 5. Paragraphs (b) through (e) of subsection (12) of
203 section 1011.62, Florida Statutes, are amended to read:
204 1011.62 Funds for operation of schools.—If the annual
205 allocation from the Florida Education Finance Program to each
206 district for operation of schools is not determined in the
207 annual appropriations act or the substantive bill implementing
208 the annual appropriations act, it shall be determined as
209 follows:
210 (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
211 (b) Each district school board shall adopt a district
212 digital classrooms plan that meets the unique needs of students,
213 schools, and personnel and submit the plan for approval to the
214 Department of Education. In addition, each district school board
215 must, at a minimum, seek input from the district’s
216 instructional, curriculum, and information technology staff to
217 develop the district digital classrooms plan. The district’s
218 plan must be within the general parameters established in the
219 Florida digital classrooms plan pursuant to s. 1001.20. In
220 addition, if the district participates in federal technology
221 initiatives and grant programs, the district digital classrooms
222 plan must include a plan for meeting requirements of such
223 initiatives and grant programs. Funds allocated under this
224 subsection must be used to support implementation of district
225 digital classrooms plans. By August October 1, 2014, and by
226 March 1 of each year thereafter, on a date determined by the
227 department, each district school board shall submit to the
228 department, in a format prescribed by the department, a digital
229 classrooms plan. At a minimum, such plan must include, and be
230 annually updated to reflect, the following:
231 1. Measurable student performance outcomes. Outcomes
232 related to student performance, including outcomes for students
233 with disabilities, must be tied to the efforts and strategies to
234 improve outcomes related to student performance by integrating
235 technology in classroom teaching and learning. Results of the
236 outcomes shall be reported at least annually for the current
237 school year and subsequent 3 years and be accompanied by an
238 independent evaluation and validation of the reported results.
239 2. Digital learning and technology infrastructure purchases
240 and operational activities. Such purchases and activities must
241 be tied to the measurable outcomes under subparagraph 1.,
242 including, but not limited to, connectivity, broadband access,
243 wireless capacity, Internet speed, and data security, all of
244 which must meet or exceed minimum requirements and protocols
245 established by the department. For each year that the district
246 uses funds for infrastructure, a third-party, independent
247 evaluation of the district’s technology inventory and
248 infrastructure needs must accompany the district’s plan.
249 3. Professional development purchases and operational
250 activities. Such purchases and activities must be tied to the
251 measurable outcomes under subparagraph 1., including, but not
252 limited to, using technology in the classroom and improving
253 digital literacy and competency.
254 4. Digital tool purchases and operational activities. Such
255 purchases and activities must be tied to the measurable outcomes
256 under subparagraph 1., including, but not limited to,
257 competency-based credentials that measure and demonstrate
258 digital competency and certifications; third-party assessments
259 that demonstrate acquired knowledge and use of digital
260 applications; and devices that meet or exceed minimum
261 requirements and protocols established by the department.
262 5. Online assessment-related purchases and operational
263 activities. Such purchases and activities must be tied to the
264 measurable outcomes under subparagraph 1., including, but not
265 limited to, expanding the capacity to administer assessments and
266 compatibility with minimum assessment protocols and requirements
267 established by the department. If the administration of online
268 assessments after January 1, 2015, does not comply with the
269 minimum assessment protocols and requirements established by the
270 department, the department shall contract with an independent
271 auditing entity that has expertise in the area of the
272 noncompliance to evaluate the extent of the noncompliance and
273 provide recommendations to remediate the noncompliance in future
274 administrations of online assessments.
275 (c) The Legislature shall annually provide in the General
276 Appropriations Act the FEFP allocation for implementation of the
277 Florida digital classrooms plan to be calculated in an amount up
278 to 1 percent of the base student allocation multiplied by the
279 total K-12 full-time equivalent student enrollment included in
280 the FEFP calculations for the legislative appropriation or as
281 provided in the General Appropriations Act. Each school district
282 shall be provided a minimum of $250,000, with the remaining
283 balance of the allocation to be distributed based on each
284 district’s proportion of the total K-12 full-time equivalent
285 student enrollment. Distribution of funds for the Florida
286 digital classrooms allocation shall begin following submittal of
287 each district’s digital classrooms plan, which must include
288 formal verification of the superintendent’s approval of the
289 digital classrooms plan of each charter school in the district,
290 and approval of the plan by the department. A charter school
291 shall submit the school’s digital classrooms plan, in a
292 streamlined format prescribed by the department, to the
293 applicable school district. Prior to the distribution of the
294 Florida digital classrooms allocation funds, each district
295 school superintendent shall certify to the Commissioner of
296 Education that the district school board has approved a
297 comprehensive district digital classrooms plan that supports the
298 fidelity of implementation of the Florida digital classrooms
299 allocation. District allocations shall be recalculated during
300 the fiscal year consistent with the periodic recalculation of
301 the FEFP. School districts shall provide a proportionate share
302 of the digital classrooms allocation to each charter school in
303 the district, as required for categorical programs in s.
304 1002.33(17)(b). A school district may use a competitive process
305 to distribute funds for the Florida digital classrooms
306 allocation to the schools within the school district. Beginning
307 in the 2016-2017 school year, to be eligible to receive Florida
308 digital classrooms allocation funds, a school district must
309 undergo an annual assessment pursuant to s. 282.0052 and an
310 annual independent verification of its use of Florida digital
311 classrooms allocation funds pursuant to paragraph (e).
312 (d) To facilitate the implementation of the district
313 digital classrooms plans and charter school digital classrooms
314 plans, the commissioner shall support statewide, coordinated
315 partnerships and efforts of this state’s education practitioners
316 in the field, including, but not limited to, superintendents,
317 principals, and teachers, to identify and share best practices,
318 corrective actions, and other identified needs. By August 1,
319 2016, the commissioner shall implement an online, web-based
320 portal for school districts and charter schools to submit their
321 digital classrooms plan.
322 (e) Beginning in the 2015-2016 fiscal year and each year
323 thereafter, each district school board and charter school shall
324 report to the department its use of funds provided through the
325 Florida digital classrooms allocation and student performance
326 outcomes in accordance with the district’s digital classrooms
327 plan. The department may contract with an independent third
328 party entity to conduct an annual independent verification of
329 the district’s use of Florida digital classrooms allocation
330 funds in accordance with the district’s digital classrooms plan.
331 In the event an independent third-party verification is not
332 conducted, the Auditor General shall, during scheduled
333 operational audits of the school districts, verify compliance of
334 the use of Florida digital classrooms allocation funds in
335 accordance with the district’s digital classrooms plan. No later
336 than October 1 of each year, beginning in the 2015-2016 fiscal
337 year, the commissioner shall provide to the Governor, the
338 President of the Senate, and the Speaker of the House of
339 Representatives a summary of each district’s student performance
340 goals and outcomes, use of funds, in support of such student
341 performance goals and outcomes, and progress toward meeting
342 statutory requirements and timelines.
343 Section 6. Paragraph (d) of subsection (2) of section
344 1011.71, Florida Statutes, is amended to read:
345 1011.71 District school tax.—
346 (2) In addition to the maximum millage levy as provided in
347 subsection (1), each school board may levy not more than 1.5
348 mills against the taxable value for school purposes for district
349 schools, including charter schools at the discretion of the
350 school board, to fund:
351 (d) The purchase, lease-purchase, or lease of new and
352 replacement equipment; computer hardware, including electronic
353 hardware and other hardware devices necessary for gaining access
354 to or enhancing the use of electronic content and resources or
355 to facilitate the access to and the use of a school district’s
356 digital classrooms plan pursuant to s. 1011.62, excluding
357 software other than the operating system necessary to operate
358 the hardware or device; and enterprise resource software
359 applications that are classified as capital assets in accordance
360 with definitions of the Governmental Accounting Standards Board,
361 have a useful life of at least 5 years, and are used to support
362 districtwide administration or state-mandated reporting
363 requirements. Enterprise resource software may be acquired by
364 annual license fees, maintenance fees, or lease agreements.
365 Section 7. For the 2015-2016 fiscal year, the sum of
366 $9,993,566 from the General Revenue Fund is appropriated in the
367 “Special Categories - Contracted Services” appropriation
368 category to the Agency for State Technology to conduct the
369 agency’s duties under s. 282.0051(10)(b) and (c), Florida
370 Statutes.
371 Section 8. This act shall take effect July 1, 2015.
372
373 ================= T I T L E A M E N D M E N T ================
374 And the title is amended as follows:
375 Delete everything before the enacting clause
376 and insert:
377 A bill to be entitled
378 An act relating to digital classrooms; amending s.
379 282.0051, F.S.; requiring the Agency for State
380 Technology to establish and publish information
381 technology architecture standards for purposes of
382 implementing digital classrooms by a specified date;
383 requiring the agency to collaborate with the
384 Department of Education and the Department of
385 Management Services to identify certain state contract
386 procurement options for services that support such
387 standards and to identify certain shared services
388 available through the State Data Center to facilitate
389 the implementation of school district digital
390 classrooms plans; requiring the agency’s annual
391 assessment of the Department of Education to review
392 specified issues with respect to school district
393 digital classrooms plans and to provide planning
394 assistance to address and reduce issues identified by
395 the assessment; amending s. 282.00515, F.S.;
396 conforming a cross-reference to changes made by the
397 act; creating s. 282.0052, F.S.; establishing
398 requirements for the agency or a contracted
399 organization with respect to the establishment and
400 assessment of digital classrooms information
401 technology architecture standards; requiring the
402 agency or contracted organization to annually submit a
403 report to the Governor and the Legislature;
404 prescribing report requirements; requiring the agency
405 to annually update the Commissioner of Education on
406 the status of technology infrastructure; requiring the
407 Department of Education to annually update school
408 districts regarding compliance with information
409 technology architecture standards and provide planning
410 guidance; requiring a school district to take certain
411 action in the event of noncompliance with information
412 technology architecture standards; amending s.
413 1001.20, F.S.; requiring the Office of Technology and
414 Information Services of the Department of Education to
415 consult with the Agency for State Technology in
416 developing the 5-year strategic plan for Florida
417 digital classrooms; removing an obsolete date;
418 revising requirements for the 5-year strategic plan;
419 expanding the list of responsibilities of the Office
420 of Technology and Information Services; amending s.
421 1011.62, F.S.; revising the date by which district
422 school boards must annually submit a digital
423 classrooms plan to the Department of Education;
424 requiring the department to contract with an
425 independent auditing entity in the event of
426 noncompliance with minimum protocols and requirements
427 in the administration of online assessments; requiring
428 a charter school to submit the school’s digital
429 classrooms plan to the applicable school district;
430 specifying required format for the plan; specifying
431 conditions for a school district to maintain
432 eligibility for Florida digital classrooms allocation
433 funds; requiring the Commissioner of Education to
434 implement an online portal for electronic submission
435 of digital classrooms plans by a specified date;
436 requiring a charter school to annually report to the
437 department regarding the use of specified funds;
438 revising requirements for the commissioner’s annual
439 report to the Governor and the Legislature regarding
440 the digital classrooms plan; amending s. 1011.71,
441 F.S.; authorizing enterprise resource software to be
442 acquired by certain fees and agreements; providing an
443 appropriation; providing an effective date.