Florida Senate - 2015 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1264
Ì368432'Î368432
576-03706A-15
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Education)
1 A bill to be entitled
2 An act relating to digital classrooms; amending s.
3 282.0051, F.S.; requiring the Agency for State
4 Technology to establish and publish information
5 technology architecture standards for purposes of
6 implementing digital classrooms by a specified date;
7 requiring the agency to collaborate with the
8 Department of Education and the Department of
9 Management Services to identify certain state contract
10 procurement options for services that support such
11 standards and to identify certain shared services
12 available through the State Data Center to facilitate
13 the implementation of school district digital
14 classrooms plans; requiring the agency’s annual
15 assessment of the Department of Education to review
16 specified issues with respect to school district
17 digital classrooms plans and to provide planning
18 assistance to address and reduce issues identified by
19 the assessment; amending s. 282.00515, F.S.;
20 conforming a cross-reference to changes made by the
21 act; creating s. 282.0052, F.S.; establishing
22 requirements for the agency or a contracted
23 organization with respect to the establishment and
24 assessment of digital classrooms information
25 technology architecture standards; requiring the
26 agency or contracted organization to annually submit a
27 report to the Governor and the Legislature;
28 prescribing report requirements; requiring the agency
29 to annually update the Commissioner of Education on
30 the status of technology infrastructure; requiring the
31 Department of Education to annually update school
32 districts regarding compliance with information
33 technology architecture standards and provide planning
34 guidance; requiring a school district to take certain
35 action in the event of noncompliance with information
36 technology architecture standards; amending s.
37 1001.20, F.S.; requiring the Office of Technology and
38 Information Services of the Department of Education to
39 consult with the Agency for State Technology in
40 developing the 5-year strategic plan for Florida
41 digital classrooms; removing an obsolete date;
42 revising requirements for the 5-year strategic plan;
43 expanding the list of responsibilities of the Office
44 of Technology and Information Services; amending s.
45 1011.62, F.S.; revising the date by which district
46 school boards must annually submit a digital
47 classrooms plan to the Department of Education;
48 requiring the department to contract with an
49 independent auditing entity in the event of
50 noncompliance with minimum protocols and requirements
51 in the administration of online assessments; requiring
52 a charter school to submit the school’s digital
53 classrooms plan to the applicable school district;
54 specifying required format for the plan; specifying
55 conditions for a school district to maintain
56 eligibility for Florida digital classrooms allocation
57 funds; requiring the Commissioner of Education to
58 implement an online portal for electronic submission
59 of digital classrooms plans by a specified date;
60 requiring a charter school to annually report to the
61 department regarding the use of specified funds;
62 revising requirements for the commissioner’s annual
63 report to the Governor and the Legislature regarding
64 the digital classrooms plan; amending s. 1011.71,
65 F.S.; authorizing enterprise resource software to be
66 acquired by certain fees and agreements; providing an
67 appropriation; providing an effective date.
68
69 Be It Enacted by the Legislature of the State of Florida:
70
71 Section 1. Subsections (2), (7), and (10) of section
72 282.0051, Florida Statutes, are amended to read:
73 282.0051 Agency for State Technology; powers, duties, and
74 functions.—The Agency for State Technology shall have the
75 following powers, duties, and functions:
76 (2) Establish and publish information technology
77 architecture standards that:
78 (a) to Provide for the most efficient use of the state’s
79 information technology resources and that to ensure
80 compatibility and alignment with the needs of state agencies.
81 The agency shall assist state agencies in complying with the
82 standards.
83 (b) Address for purposes of implementing digital classrooms
84 under s. 1011.62(12) issues that include, but are not limited
85 to, device recommendations, security requirements, connectivity
86 requirements, and browser expectations. Such standards must be
87 published by December 1, 2015.
88 (7)(a) Participate with the Department of Management
89 Services in evaluating, conducting, and negotiating competitive
90 solicitations for state term contracts for information
91 technology commodities, consultant services, or staff
92 augmentation contractual services pursuant to s. 287.0591.
93 (b) Collaborate with the Department of Management Services
94 in information technology resource acquisition planning.
95 (c) Collaborate with the Department of Education and the
96 Department of Management Services to identify:
97 1. State term contract procurement options that are
98 available to school districts which provide information
99 technology commodities, consultant services, or staff
100 augmentation contractual services that support the information
101 technology architecture standards applicable to digital
102 classrooms.
103 2. Shared services available to school districts through
104 the State Data Center to facilitate the implementation of school
105 district digital classrooms plans.
106 (10)(a) Beginning July 1, 2016, and annually thereafter,
107 conduct annual assessments of state agencies to determine
108 compliance with all information technology standards and
109 guidelines developed and published by the agency, and beginning
110 December 1, 2016, and annually thereafter, provide results of
111 the assessments to the Executive Office of the Governor, the
112 President of the Senate, and the Speaker of the House of
113 Representatives.
114 (b) Include in the annual assessment of the Department of
115 Education under paragraph (a), the status of statewide
116 implementation of digital classrooms and each school district’s
117 status of compliance with the information technology
118 architecture standards identified under paragraph (2)(b),
119 planning guidance to address identified gaps, and
120 recommendations for improving cost efficiencies pursuant to s.
121 282.0052.
122 Section 2. Section 282.00515, Florida Statutes, is amended
123 to read:
124 282.00515 Duties of Cabinet agencies.—The Department of
125 Legal Affairs, the Department of Financial Services, and the
126 Department of Agriculture and Consumer Services shall adopt the
127 standards established in s. 282.0051(2)(a) s. 282.0051(2), (3),
128 and (8) or adopt alternative standards based on best practices
129 and industry standards, and may contract with the Agency for
130 State Technology to provide or perform any of the services and
131 functions described in s. 282.0051 for the Department of Legal
132 Affairs, the Department of Financial Services, or the Department
133 of Agriculture and Consumer Services.
134 Section 3. Section 282.0052, Florida Statutes, is created
135 to read:
136 282.0052 Digital classrooms information technology
137 architecture standards.—
138 (1) Beginning July 1, 2015, the Agency for State
139 Technology, or an independent third-party professional
140 organization that the agency contracts with, shall:
141 (a) Consult with the Department of Education to identify
142 information technology architecture standards pursuant to s.
143 282.0051 for the successful implementation of digital
144 classrooms, pursuant to s. 1011.62(12), in public schools within
145 the state beginning in the 2016-2017 school year. Such standards
146 must include, but are not limited to, device recommendations,
147 security requirements, connectivity requirements, and browser
148 expectations.
149 (b) Perform an annual assessment of the state 5-year
150 strategic plan developed pursuant to s. 1001.20 and school
151 district digital classrooms plan adopted pursuant to s.
152 1011.62(12) to determine the digital readiness of school
153 districts and their compliance with the information technology
154 architecture standards identified under paragraph (a). The
155 digital readiness of school districts must be assessed using the
156 digital readiness scorecard established under s. 1001.20(4)(a).
157 (c) Provide prospective planning guidance and technical
158 assistance to the Department of Education, school districts, and
159 public schools regarding identified gaps in technology
160 infrastructure and recommended improvements to meet the
161 information technology architecture standards identified under
162 paragraph (a).
163 (d) Summarize and report, by May 1, 2016, for the 2015-2016
164 school year, and by December 1 for each school year thereafter,
165 to the Governor, the President of the Senate, and the Speaker of
166 the House of Representatives:
167 1. The status of technology infrastructure of school
168 districts and public schools within the state.
169 2. Recommendations for improving cost efficiencies and
170 maximizing investments in technology by the state and school
171 districts to establish digital classrooms.
172 (2) For the 2015-2016 school year, the Agency for State
173 Technology must provide the status of technology infrastructure
174 information regarding implementation of digital classrooms
175 statewide and by each school district to the Commissioner of
176 Education by April 1, 2016. For each school year thereafter, the
177 status of technology infrastructure information must be provided
178 to the commissioner by November 1 of each year.
179 (3) For the 2015-2016 school year, the Department of
180 Education must provide to each school district the status of the
181 statewide implementation of digital classrooms and the school
182 district’s status regarding compliance with the information
183 technology architecture standards identified under paragraph
184 (1)(a) by June 1, 2016. For each school year thereafter, the
185 Department of Education must notify a school district regarding
186 compliance with the information technology architecture
187 standards by January 1 of each year. In addition, the Department
188 of Education must provide planning guidance to address
189 identified gaps and recommendations for improving cost
190 efficiencies in accordance with subsection (1) to each school
191 district. If the annual assessment indicates that a school
192 district is not in compliance with the information technology
193 architecture standards identified under paragraph (1)(a), the
194 school district must, within 60 days from the date of receipt of
195 such notification from the Department of Education become
196 compliant; obtain an exemption to waive compliance from the
197 Department of Education; or procure services through the agency
198 or the Department of Management Services to achieve compliance.
199 Section 4. Paragraph (a) of subsection (4) of section
200 1001.20, Florida Statutes, is amended to read:
201 1001.20 Department under direction of state board.—
202 (4) The Department of Education shall establish the
203 following offices within the Office of the Commissioner of
204 Education which shall coordinate their activities with all other
205 divisions and offices:
206 (a) Office of Technology and Information Services.—
207 1. Responsible for developing a 5-year strategic plan, in
208 consultation with the Agency for State Technology, to
209 incorporate the minimum information technology architecture
210 standards for the successful implementation of digital
211 classrooms to improve student performance outcomes under s.
212 1011.62(12) for establishing Florida digital classrooms by
213 October 1, 2014, and annually updating the plan by January 1
214 each year thereafter. The Florida digital classrooms plan shall
215 be provided to each school district and published on the
216 department’s website. The plan must:
217 a. Describe how technology will be integrated into
218 classroom teaching and learning to assist the state in improving
219 student performance outcomes and enable all students in Florida
220 to be digital learners with access to digital tools and
221 resources.
222 b. Identify minimum information technology architecture
223 standards requirements, which that include specifications for
224 hardware, software, devices, networking, security, and bandwidth
225 capacity and guidelines for the ratio of students per device.
226 The Office of Technology and Information Services shall consult
227 with the Agency for State Technology in identifying minimum
228 information technology architecture standards.
229 c. Establish minimum requirements for professional
230 development opportunities and training to assist district
231 instructional personnel and staff with the integration of
232 technology into classroom teaching.
233 d. Identify the types of digital tools and resources that
234 can assist district instructional personnel and staff in the
235 management, assessment, and monitoring of student learning and
236 performance.
237 2. Responsible for making budget recommendations to the
238 commissioner, providing data collection and management for the
239 system, assisting school districts in securing Internet access
240 and telecommunications services, including those eligible for
241 funding under the Schools and Libraries Program of the federal
242 Universal Service Fund, and coordinating services with other
243 state, local, and private agencies.
244 3. Responsible for coordinating with the Agency for State
245 Technology to facilitate school districts’ access to state term
246 contract procurement options and shared services pursuant to s.
247 282.0051(7)(c).
248 4. Responsible for consulting with the Agency for State
249 Technology to establish uniform definitions of information
250 technology architecture components which must be incorporated
251 into the department’s 5-year strategic plan. The uniform
252 definitions must be incorporated by each charter school that
253 seeks Florida digital classrooms allocation funds and by each
254 district school board in the technology information annually
255 submitted to the department which includes, but is not limited
256 to, digital classroom plans and technology resources inventory.
257 5. Responsible for consulting with the Agency for State
258 Technology to create a digital readiness scorecard to compare
259 the digital readiness of school districts within the state. The
260 scorecard must use the uniform definitions identified under this
261 section and information technology architecture standards
262 identified under s. 282.0052(1)(a). At a minimum, the scorecard
263 must include the student-to-device ratio, the percentage of
264 schools within each district that meet bandwidth standards, the
265 percentage of classrooms within each district that meet wireless
266 standards, the refresh rate of devices, network capacity,
267 information storage capacity, and information security services.
268 Section 5. Paragraphs (b) through (e) of subsection (12) of
269 section 1011.62, Florida Statutes, are amended to read:
270 1011.62 Funds for operation of schools.—If the annual
271 allocation from the Florida Education Finance Program to each
272 district for operation of schools is not determined in the
273 annual appropriations act or the substantive bill implementing
274 the annual appropriations act, it shall be determined as
275 follows:
276 (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
277 (b) Each district school board shall adopt a district
278 digital classrooms plan that meets the unique needs of students,
279 schools, and personnel and submit the plan for approval to the
280 Department of Education. In addition, each district school board
281 must, at a minimum, seek input from the district’s
282 instructional, curriculum, and information technology staff to
283 develop the district digital classrooms plan. The district’s
284 plan must be within the general parameters established in the
285 Florida digital classrooms plan pursuant to s. 1001.20. In
286 addition, if the district participates in federal technology
287 initiatives and grant programs, the district digital classrooms
288 plan must include a plan for meeting requirements of such
289 initiatives and grant programs. Funds allocated under this
290 subsection must be used to support implementation of district
291 digital classrooms plans. By August October 1, 2014, and by
292 March 1 of each year thereafter, on a date determined by the
293 department, each district school board shall submit to the
294 department, in a format prescribed by the department, a digital
295 classrooms plan. At a minimum, such plan must include, and be
296 annually updated to reflect, the following:
297 1. Measurable student performance outcomes. Outcomes
298 related to student performance, including outcomes for students
299 with disabilities, must be tied to the efforts and strategies to
300 improve outcomes related to student performance by integrating
301 technology in classroom teaching and learning. Results of the
302 outcomes shall be reported at least annually for the current
303 school year and subsequent 3 years and be accompanied by an
304 independent evaluation and validation of the reported results.
305 2. Digital learning and technology infrastructure purchases
306 and operational activities. Such purchases and activities must
307 be tied to the measurable outcomes under subparagraph 1.,
308 including, but not limited to, connectivity, broadband access,
309 wireless capacity, Internet speed, and data security, all of
310 which must meet or exceed minimum requirements and protocols
311 established by the department. For each year that the district
312 uses funds for infrastructure, a third-party, independent
313 evaluation of the district’s technology inventory and
314 infrastructure needs must accompany the district’s plan.
315 3. Professional development purchases and operational
316 activities. Such purchases and activities must be tied to the
317 measurable outcomes under subparagraph 1., including, but not
318 limited to, using technology in the classroom and improving
319 digital literacy and competency.
320 4. Digital tool purchases and operational activities. Such
321 purchases and activities must be tied to the measurable outcomes
322 under subparagraph 1., including, but not limited to,
323 competency-based credentials that measure and demonstrate
324 digital competency and certifications; third-party assessments
325 that demonstrate acquired knowledge and use of digital
326 applications; and devices that meet or exceed minimum
327 requirements and protocols established by the department.
328 5. Online assessment-related purchases and operational
329 activities. Such purchases and activities must be tied to the
330 measurable outcomes under subparagraph 1., including, but not
331 limited to, expanding the capacity to administer assessments and
332 compatibility with minimum assessment protocols and requirements
333 established by the department. If the administration of online
334 assessments after January 1, 2015, does not comply with the
335 minimum assessment protocols and requirements established by the
336 department, the department shall contract with an independent
337 auditing entity that has expertise in the area of the
338 noncompliance to evaluate the extent of the noncompliance and
339 provide recommendations to remediate the noncompliance in future
340 administrations of online assessments.
341 (c) The Legislature shall annually provide in the General
342 Appropriations Act the FEFP allocation for implementation of the
343 Florida digital classrooms plan to be calculated in an amount up
344 to 1 percent of the base student allocation multiplied by the
345 total K-12 full-time equivalent student enrollment included in
346 the FEFP calculations for the legislative appropriation or as
347 provided in the General Appropriations Act. Each school district
348 shall be provided a minimum of $250,000, with the remaining
349 balance of the allocation to be distributed based on each
350 district’s proportion of the total K-12 full-time equivalent
351 student enrollment. Distribution of funds for the Florida
352 digital classrooms allocation shall begin following submittal of
353 each district’s digital classrooms plan, which must include
354 formal verification of the superintendent’s approval of the
355 digital classrooms plan of each charter school in the district,
356 and approval of the plan by the department. A charter school
357 shall submit the school’s digital classrooms plan, in a
358 streamlined format prescribed by the department, to the
359 applicable school district. Prior to the distribution of the
360 Florida digital classrooms allocation funds, each district
361 school superintendent shall certify to the Commissioner of
362 Education that the district school board has approved a
363 comprehensive district digital classrooms plan that supports the
364 fidelity of implementation of the Florida digital classrooms
365 allocation. District allocations shall be recalculated during
366 the fiscal year consistent with the periodic recalculation of
367 the FEFP. School districts shall provide a proportionate share
368 of the digital classrooms allocation to each charter school in
369 the district, as required for categorical programs in s.
370 1002.33(17)(b). A school district may use a competitive process
371 to distribute funds for the Florida digital classrooms
372 allocation to the schools within the school district. Beginning
373 in the 2016-2017 school year, to be eligible to receive Florida
374 digital classrooms allocation funds, a school district must
375 undergo an annual assessment pursuant to s. 282.0052 and an
376 annual independent verification of its use of Florida digital
377 classrooms allocation funds pursuant to paragraph (e).
378 (d) To facilitate the implementation of the district
379 digital classrooms plans and charter school digital classrooms
380 plans, the commissioner shall support statewide, coordinated
381 partnerships and efforts of this state’s education practitioners
382 in the field, including, but not limited to, superintendents,
383 principals, and teachers, to identify and share best practices,
384 corrective actions, and other identified needs. By August 1,
385 2016, the commissioner shall implement an online, web-based
386 portal for school districts and charter schools to submit their
387 digital classrooms plan.
388 (e) Beginning in the 2015-2016 fiscal year and each year
389 thereafter, each district school board and charter school shall
390 report to the department its use of funds provided through the
391 Florida digital classrooms allocation and student performance
392 outcomes in accordance with the district’s digital classrooms
393 plan. The department may contract with an independent third
394 party entity to conduct an annual independent verification of
395 the district’s use of Florida digital classrooms allocation
396 funds in accordance with the district’s digital classrooms plan.
397 In the event an independent third-party verification is not
398 conducted, the Auditor General shall, during scheduled
399 operational audits of the school districts, verify compliance of
400 the use of Florida digital classrooms allocation funds in
401 accordance with the district’s digital classrooms plan. No later
402 than October 1 of each year, beginning in the 2015-2016 fiscal
403 year, the commissioner shall provide to the Governor, the
404 President of the Senate, and the Speaker of the House of
405 Representatives a summary of each district’s student performance
406 goals and outcomes, use of funds, in support of such student
407 performance goals and outcomes, and progress toward meeting
408 statutory requirements and timelines.
409 Section 6. Paragraph (d) of subsection (2) of section
410 1011.71, Florida Statutes, is amended to read:
411 1011.71 District school tax.—
412 (2) In addition to the maximum millage levy as provided in
413 subsection (1), each school board may levy not more than 1.5
414 mills against the taxable value for school purposes for district
415 schools, including charter schools at the discretion of the
416 school board, to fund:
417 (d) The purchase, lease-purchase, or lease of new and
418 replacement equipment; computer hardware, including electronic
419 hardware and other hardware devices necessary for gaining access
420 to or enhancing the use of electronic content and resources or
421 to facilitate the access to and the use of a school district’s
422 digital classrooms plan pursuant to s. 1011.62, excluding
423 software other than the operating system necessary to operate
424 the hardware or device; and enterprise resource software
425 applications that are classified as capital assets in accordance
426 with definitions of the Governmental Accounting Standards Board,
427 have a useful life of at least 5 years, and are used to support
428 districtwide administration or state-mandated reporting
429 requirements. Enterprise resource software may be acquired by
430 annual license fees, maintenance fees, or lease agreements.
431 Section 7. For the 2015-2016 fiscal year, the sum of
432 $9,993,566 from the General Revenue Fund is appropriated in the
433 “Special Categories - Contracted Services” appropriation
434 category to the Agency for State Technology to conduct the
435 agency’s duties under s. 282.0051(10)(b), Florida Statutes.
436 Section 8. This act shall take effect July 1, 2015.