Florida Senate - 2015                      CS for CS for SB 1264
       
       
        
       By the Committees on Appropriations; and Education Pre-K - 12;
       and Senator Legg
       
       
       
       
       576-04501-15                                          20151264c2
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 282.0051,
    3         F.S.; requiring the Agency for State Technology to
    4         establish and publish information technology
    5         architecture standards for purposes of implementing
    6         digital classrooms by a specified date; requiring the
    7         agency to collaborate with the Department of Education
    8         and the Department of Management Services to identify
    9         certain state contract procurement options for
   10         services that support such standards and to identify
   11         certain shared services available through the State
   12         Data Center to facilitate the implementation of school
   13         district digital classrooms plans; requiring the
   14         agency’s annual assessment of the Department of
   15         Education to review specified issues with respect to
   16         school district digital classrooms plans and to
   17         provide planning assistance to address and reduce
   18         issues identified by the assessment; amending s.
   19         282.00515, F.S.; conforming a cross-reference to
   20         changes made by the act; creating s. 282.0052, F.S.;
   21         establishing requirements for the agency or a
   22         contracted organization with respect to the
   23         establishment and assessment of digital classrooms
   24         information technology architecture standards;
   25         requiring the agency or contracted organization to
   26         annually submit a report to the Governor and the
   27         Legislature; prescribing report requirements;
   28         requiring the agency to annually update the
   29         Commissioner of Education on the status of technology
   30         infrastructure; requiring the Department of Education
   31         to annually update school districts regarding
   32         compliance with information technology architecture
   33         standards and provide planning guidance; requiring a
   34         school district to take certain action in the event of
   35         noncompliance with information technology architecture
   36         standards; amending s. 1001.20, F.S.; requiring the
   37         Office of Technology and Information Services of the
   38         Department of Education to consult with the Agency for
   39         State Technology in developing the 5-year strategic
   40         plan for Florida digital classrooms; removing an
   41         obsolete date; revising requirements for the 5-year
   42         strategic plan; expanding the list of responsibilities
   43         of the Office of Technology and Information Services;
   44         amending s. 1001.42, F.S.; revising the powers and
   45         duties of the district school board to authorize the
   46         adoption of rules regarding procurement practices;
   47         defining the term “electronic auction services”;
   48         amending s. 1006.27, F.S.; authorizing a district
   49         school board’s use of electronic auction services in
   50         conjunction with bid pooling for school buses and
   51         related purchases; amending s. 1011.62, F.S.; revising
   52         the date by which district school boards must annually
   53         submit a digital classrooms plan to the Department of
   54         Education; revising minimum requirements for the
   55         digital classrooms plan; requiring the department to
   56         contract with an independent auditing entity in the
   57         event of noncompliance with minimum protocols and
   58         requirements in the administration of online
   59         assessments; requiring a charter school to submit the
   60         school’s digital classrooms plan to the applicable
   61         school district; specifying required format for the
   62         plan; specifying conditions for a school district to
   63         maintain eligibility for Florida digital classrooms
   64         allocation funds; requiring the Commissioner of
   65         Education to implement an online portal for electronic
   66         submission of digital classrooms plans by a specified
   67         date; requiring a charter school to annually report to
   68         the department regarding the use of specified funds;
   69         revising requirements for the commissioner’s annual
   70         report to the Governor and the Legislature regarding
   71         the digital classrooms plan; amending s. 1011.71,
   72         F.S.; authorizing enterprise resource software to be
   73         acquired by certain fees and agreements; providing an
   74         effective date.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Subsections (2), (7), and (10) of section
   79  282.0051, Florida Statutes, are amended to read:
   80         282.0051 Agency for State Technology; powers, duties, and
   81  functions.—The Agency for State Technology shall have the
   82  following powers, duties, and functions:
   83         (2) Establish and publish information technology
   84  architecture standards that:
   85         (a)to Provide for the most efficient use of the state’s
   86  information technology resources and that to ensure
   87  compatibility and alignment with the needs of state agencies.
   88  The agency shall assist state agencies in complying with the
   89  standards.
   90         (b) Address for purposes of implementing digital classrooms
   91  under s. 1011.62(12) issues that include, but are not limited
   92  to, device recommendations, security requirements, connectivity
   93  requirements, and browser expectations. Such standards must be
   94  published by December 1, 2015.
   95         (7)(a) Participate with the Department of Management
   96  Services in evaluating, conducting, and negotiating competitive
   97  solicitations for state term contracts for information
   98  technology commodities, consultant services, or staff
   99  augmentation contractual services pursuant to s. 287.0591.
  100         (b) Collaborate with the Department of Management Services
  101  in information technology resource acquisition planning.
  102         (c) Collaborate with the Department of Education and the
  103  Department of Management Services to identify:
  104         1. State term contract or other local procurement options
  105  that are available to school districts which provide information
  106  technology commodities, consultant services, or staff
  107  augmentation contractual services that support the information
  108  technology architecture standards applicable to digital
  109  classrooms.
  110         2.Shared services available to school districts through
  111  the State Data Center to facilitate the implementation of school
  112  district digital classrooms plans.
  113         (10)(a) Beginning July 1, 2016, and annually thereafter,
  114  conduct annual assessments of state agencies to determine
  115  compliance with all information technology standards and
  116  guidelines developed and published by the agency, and beginning
  117  December 1, 2016, and annually thereafter, provide results of
  118  the assessments to the Executive Office of the Governor, the
  119  President of the Senate, and the Speaker of the House of
  120  Representatives.
  121         (b) Include in the annual assessment of the Department of
  122  Education under paragraph (a), the status of statewide
  123  implementation of digital classrooms and each school district’s
  124  status of compliance with the information technology
  125  architecture standards identified under paragraph (2)(b),
  126  planning guidance to address identified gaps, and
  127  recommendations for improving cost efficiencies pursuant to s.
  128  282.0052.
  129         Section 2. Section 282.00515, Florida Statutes, is amended
  130  to read:
  131         282.00515 Duties of Cabinet agencies.—The Department of
  132  Legal Affairs, the Department of Financial Services, and the
  133  Department of Agriculture and Consumer Services shall adopt the
  134  standards established in s. 282.0051(2)(a) s. 282.0051(2), (3),
  135  and (8) or adopt alternative standards based on best practices
  136  and industry standards, and may contract with the Agency for
  137  State Technology to provide or perform any of the services and
  138  functions described in s. 282.0051 for the Department of Legal
  139  Affairs, the Department of Financial Services, or the Department
  140  of Agriculture and Consumer Services.
  141         Section 3. Section 282.0052, Florida Statutes, is created
  142  to read:
  143         282.0052 Digital classrooms information technology
  144  architecture standards.—
  145         (1) Beginning July 1, 2015, the Agency for State
  146  Technology, or an independent third-party professional
  147  organization that the agency contracts with, shall:
  148         (a) Consult with the Department of Education to identify
  149  information technology architecture standards pursuant to s.
  150  282.0051 for the successful implementation of digital
  151  classrooms, pursuant to s. 1011.62(12), in public schools within
  152  the state beginning in the 2016-2017 school year. Such standards
  153  must include, but are not limited to, device recommendations,
  154  security requirements, connectivity requirements, and browser
  155  expectations.
  156         (b) Perform an annual assessment of the state 5-year
  157  strategic plan developed pursuant to s. 1001.20 and school
  158  district digital classrooms plan adopted pursuant to s.
  159  1011.62(12) to determine the digital readiness of school
  160  districts and their compliance with the information technology
  161  architecture standards identified under paragraph (a). The
  162  digital readiness of school districts must be assessed using the
  163  digital readiness scorecard established under s. 1001.20(4)(a).
  164         (c) Provide prospective planning guidance and technical
  165  assistance to the Department of Education, school districts, and
  166  public schools regarding identified gaps in technology
  167  infrastructure and recommended improvements to meet the
  168  information technology architecture standards identified under
  169  paragraph (a).
  170         (d) Summarize and report, by May 1, 2016, for the 2015-2016
  171  school year, and by December 1 for each school year thereafter,
  172  to the Governor, the President of the Senate, and the Speaker of
  173  the House of Representatives:
  174         1. The status of technology infrastructure of school
  175  districts and public schools within the state.
  176         2. Recommendations for improving cost efficiencies and
  177  maximizing investments in technology by the state and school
  178  districts to establish digital classrooms.
  179         (2) For the 2015-2016 school year, the Agency for State
  180  Technology must provide the status of technology infrastructure
  181  information regarding implementation of digital classrooms
  182  statewide and by each school district to the Commissioner of
  183  Education by April 1, 2016. For each school year thereafter, the
  184  status of technology infrastructure information must be provided
  185  to the commissioner by November 1 of each year.
  186         (3) For the 2015-2016 school year, the Department of
  187  Education must provide to each school district the status of the
  188  statewide implementation of digital classrooms and the school
  189  district’s status regarding compliance with the information
  190  technology architecture standards identified under paragraph
  191  (1)(a) by June 1, 2016. For each school year thereafter, the
  192  Department of Education must notify a school district regarding
  193  compliance with the information technology architecture
  194  standards by January 1 of each year. In addition, the Department
  195  of Education must provide planning guidance to address
  196  identified gaps and recommendations for improving cost
  197  efficiencies in accordance with subsection (1) to each school
  198  district. If the annual assessment indicates that a school
  199  district is not in compliance with the information technology
  200  architecture standards identified under paragraph (1)(a), the
  201  school district must, within 60 days from the date of receipt of
  202  such notification from the Department of Education become
  203  compliant; obtain an exemption to waive compliance from the
  204  Department of Education; or procure services through the agency
  205  or the Department of Management Services to achieve compliance.
  206         Section 4. Paragraph (a) of subsection (4) of section
  207  1001.20, Florida Statutes, is amended to read:
  208         1001.20 Department under direction of state board.—
  209         (4) The Department of Education shall establish the
  210  following offices within the Office of the Commissioner of
  211  Education which shall coordinate their activities with all other
  212  divisions and offices:
  213         (a) Office of Technology and Information Services.—
  214         1. Responsible for developing a 5-year strategic plan, in
  215  consultation with the Agency for State Technology, to
  216  incorporate the minimum information technology architecture
  217  standards for the successful implementation of digital
  218  classrooms to improve student performance outcomes under s.
  219  1011.62(12) for establishing Florida digital classrooms by
  220  October 1, 2014, and annually updating the plan by January 1
  221  each year thereafter. The Florida digital classrooms plan shall
  222  be provided to each school district and published on the
  223  department’s website. The plan must:
  224         a. Describe how technology will be integrated into
  225  classroom teaching and learning to assist the state in improving
  226  student performance outcomes and enable all students in Florida
  227  to be digital learners with access to digital tools and
  228  resources.
  229         b. Identify minimum information technology architecture
  230  standards requirements, which that include specifications for
  231  hardware, software, devices, networking, security, and bandwidth
  232  capacity and guidelines for the ratio of students per device.
  233  The Office of Technology and Information Services shall consult
  234  with the Agency for State Technology in identifying minimum
  235  information technology architecture standards.
  236         c. Establish minimum requirements for professional
  237  development opportunities and training to assist district
  238  instructional personnel and staff with the integration of
  239  technology into classroom teaching.
  240         d. Identify the types of digital tools and resources that
  241  can assist district instructional personnel and staff in the
  242  management, assessment, and monitoring of student learning and
  243  performance.
  244         2. Responsible for making budget recommendations to the
  245  commissioner, providing data collection and management for the
  246  system, assisting school districts in securing Internet access
  247  and telecommunications services, including those eligible for
  248  funding under the Schools and Libraries Program of the federal
  249  Universal Service Fund, and coordinating services with other
  250  state, local, and private agencies.
  251         3. Responsible for coordinating with the Agency for State
  252  Technology to facilitate school districts’ access to state term
  253  contract procurement options and shared services pursuant to s.
  254  282.0051(7)(c).
  255         4. Responsible for consulting with the Agency for State
  256  Technology to establish uniform definitions of information
  257  technology architecture components which must be incorporated
  258  into the department’s 5-year strategic plan. The uniform
  259  definitions must be incorporated by each charter school that
  260  seeks Florida digital classrooms allocation funds and by each
  261  district school board in the technology information annually
  262  submitted to the department which includes, but is not limited
  263  to, digital classroom plans and technology resources inventory.
  264         5. Responsible for consulting with the Agency for State
  265  Technology to create a digital readiness scorecard to compare
  266  the digital readiness of school districts within the state. The
  267  scorecard must use the uniform definitions identified under this
  268  section and information technology architecture standards
  269  identified under s. 282.0052(1)(a). At a minimum, the scorecard
  270  must include the student-to-device ratio, the percentage of
  271  schools within each district that meet bandwidth standards, the
  272  percentage of classrooms within each district that meet wireless
  273  standards, the refresh rate of devices, network capacity,
  274  information storage capacity, and information security services.
  275         Section 5. Paragraph (i) of subsection (12) of section
  276  1001.42, Florida Statutes, is amended to read:
  277         1001.42 Powers and duties of district school board.—The
  278  district school board, acting as a board, shall exercise all
  279  powers and perform all duties listed below:
  280         (12) FINANCE.—Take steps to assure students adequate
  281  educational facilities through the financial procedure
  282  authorized in chapters 1010 and 1011 and as prescribed below:
  283         (i) Contracts for materials, supplies, and services.
  284  Contract for materials, supplies, and services needed for the
  285  district school system. No contract for supplying these needs
  286  shall be made with any member of the district school board, with
  287  the district school superintendent, or with any business
  288  organization in which any district school board member or the
  289  district school superintendent has any financial interest
  290  whatsoever. The district school board may adopt rules to
  291  facilitate the efficient and effective procurement of materials,
  292  supplies, and services, including the use of online procurement
  293  and electronic auction services. For purposes of this paragraph,
  294  the term “electronic auction services” means a competitive
  295  procurement conducted on a centralized website using third-party
  296  software, jointly managed by an approved vendor and the district
  297  school board, for the purpose of obtaining competitive prices in
  298  an auction environment.
  299         Section 6. Subsection (1) of section 1006.27, Florida
  300  Statutes, is amended to read:
  301         1006.27 Pooling of school buses and related purchases by
  302  district school boards; transportation services contracts.—
  303         (1) The department shall assist district school boards in
  304  securing school buses, contractual needs, equipment, and
  305  supplies at as reasonable prices as possible by providing a plan
  306  under which district school boards may voluntarily pool their
  307  bids for such purchases. The department shall prepare bid forms
  308  and specifications, obtain quotations of prices and make such
  309  information available to district school boards in order to
  310  facilitate this service and use electronic auction services, as
  311  defined in s. 1001.42(12)(i), or other efficient procurement
  312  tools. District schools may also use electronic auction services
  313  or other efficient procurement tools for such purchases.
  314  District school boards from time to time, as prescribed by State
  315  Board of Education rule, shall furnish the department with
  316  information concerning the prices paid for such items and the
  317  department shall furnish to district school boards periodic
  318  information concerning the lowest prices at which school buses,
  319  equipment, and related supplies are available based upon
  320  comparable specifications.
  321         Section 7. Paragraphs (b) through (e) of subsection (12) of
  322  section 1011.62, Florida Statutes, are amended to read:
  323         1011.62 Funds for operation of schools.—If the annual
  324  allocation from the Florida Education Finance Program to each
  325  district for operation of schools is not determined in the
  326  annual appropriations act or the substantive bill implementing
  327  the annual appropriations act, it shall be determined as
  328  follows:
  329         (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
  330         (b) Each district school board shall adopt a district
  331  digital classrooms plan that meets the unique needs of students,
  332  schools, and personnel and submit the plan for approval to the
  333  Department of Education. In addition, each district school board
  334  must, at a minimum, seek input from the district’s
  335  instructional, curriculum, and information technology staff to
  336  develop the district digital classrooms plan. The district’s
  337  plan must be within the general parameters established in the
  338  Florida digital classrooms plan pursuant to s. 1001.20. In
  339  addition, if the district participates in federal technology
  340  initiatives and grant programs, the district digital classrooms
  341  plan must include a plan for meeting requirements of such
  342  initiatives and grant programs. Funds allocated under this
  343  subsection must be used to support implementation of district
  344  digital classrooms plans. By August October 1, 2014, and by
  345  March 1 of each year thereafter, on a date determined by the
  346  department, each district school board shall submit to the
  347  department, in a format prescribed by the department, a digital
  348  classrooms plan. At a minimum, such plan must include, and be
  349  annually updated to reflect, the following:
  350         1. Measurable student performance outcomes. Outcomes
  351  related to student performance, including outcomes for students
  352  with disabilities, must be tied to the efforts and strategies to
  353  improve outcomes related to student performance by use of an
  354  instructional delivery system that increases the depth of
  355  student and teacher engagement by enabling the interactive and
  356  collaborative use of classroom devices, digital curriculum, and
  357  assessments for integrating technology in classroom teaching and
  358  learning. Results of the outcomes shall be reported at least
  359  annually for the current school year and subsequent 3 years and
  360  be accompanied by an independent evaluation and validation of
  361  the reported results.
  362         2. Digital learning and technology infrastructure purchases
  363  and operational activities. Such purchases and activities must
  364  be tied to the measurable outcomes under subparagraph 1.,
  365  including, but not limited to, connectivity, broadband access,
  366  wireless capacity, Internet speed, and data security, all of
  367  which must meet or exceed minimum requirements and protocols
  368  established by the department. For each year that the district
  369  uses funds for infrastructure, a third-party, independent
  370  evaluation of the district’s technology inventory and
  371  infrastructure needs must accompany the district’s plan.
  372         3. Professional development purchases and operational
  373  activities. Such purchases and activities must be tied to the
  374  measurable outcomes under subparagraph 1., including, but not
  375  limited to, using technology in the classroom and improving
  376  digital literacy and competency.
  377         4. Digital tool purchases and operational activities. Such
  378  purchases and activities must be tied to the measurable outcomes
  379  under subparagraph 1., including, but not limited to,
  380  competency-based credentials that measure and demonstrate
  381  digital competency and certifications; third-party assessments
  382  that demonstrate acquired knowledge and use of digital
  383  applications; and devices that meet or exceed minimum
  384  requirements and protocols established by the department.
  385         5. Online assessment-related purchases and operational
  386  activities. Such purchases and activities must be tied to the
  387  measurable outcomes under subparagraph 1., including, but not
  388  limited to, expanding the capacity to administer assessments and
  389  compatibility with minimum assessment protocols and requirements
  390  established by the department. If the administration of online
  391  assessments after January 1, 2015, does not comply with the
  392  minimum assessment protocols and requirements established by the
  393  department, the department shall contract with an independent
  394  auditing entity that has expertise in the area of the
  395  noncompliance to evaluate the extent of the noncompliance and
  396  provide recommendations to remediate the noncompliance in future
  397  administrations of online assessments.
  398         (c) The Legislature shall annually provide in the General
  399  Appropriations Act the FEFP allocation for implementation of the
  400  Florida digital classrooms plan to be calculated in an amount up
  401  to 1 percent of the base student allocation multiplied by the
  402  total K-12 full-time equivalent student enrollment included in
  403  the FEFP calculations for the legislative appropriation or as
  404  provided in the General Appropriations Act. Each school district
  405  shall be provided a minimum of $250,000, with the remaining
  406  balance of the allocation to be distributed based on each
  407  district’s proportion of the total K-12 full-time equivalent
  408  student enrollment. Distribution of funds for the Florida
  409  digital classrooms allocation shall begin following submittal of
  410  each district’s digital classrooms plan, which must include
  411  formal verification of the superintendent’s approval of the
  412  digital classrooms plan of each charter school in the district,
  413  and approval of the plan by the department. A charter school
  414  shall submit the school’s digital classrooms plan, in a
  415  streamlined format prescribed by the department, to the
  416  applicable school district. Prior to the distribution of the
  417  Florida digital classrooms allocation funds, each district
  418  school superintendent shall certify to the Commissioner of
  419  Education that the district school board has approved a
  420  comprehensive district digital classrooms plan that supports the
  421  fidelity of implementation of the Florida digital classrooms
  422  allocation. District allocations shall be recalculated during
  423  the fiscal year consistent with the periodic recalculation of
  424  the FEFP. School districts shall provide a proportionate share
  425  of the digital classrooms allocation to each charter school in
  426  the district, as required for categorical programs in s.
  427  1002.33(17)(b). A school district may use a competitive process
  428  to distribute funds for the Florida digital classrooms
  429  allocation to the schools within the school district. Beginning
  430  in the 2016-2017 school year, to be eligible to receive Florida
  431  digital classrooms allocation funds, a school district must
  432  undergo an annual assessment pursuant to s. 282.0052 and an
  433  annual independent verification of its use of Florida digital
  434  classrooms allocation funds pursuant to paragraph (e).
  435         (d) To facilitate the implementation of the district
  436  digital classrooms plans and charter school digital classrooms
  437  plans, the commissioner shall support statewide, coordinated
  438  partnerships and efforts of this state’s education practitioners
  439  in the field, including, but not limited to, superintendents,
  440  principals, and teachers, to identify and share best practices,
  441  corrective actions, and other identified needs. By August 1,
  442  2016, the commissioner shall implement an online, web-based
  443  portal for school districts and charter schools to submit their
  444  digital classrooms plan.
  445         (e) Beginning in the 2015-2016 fiscal year and each year
  446  thereafter, each district school board and charter school shall
  447  report to the department its use of funds provided through the
  448  Florida digital classrooms allocation and student performance
  449  outcomes in accordance with the district’s digital classrooms
  450  plan. The department may contract with an independent third
  451  party entity to conduct an annual independent verification of
  452  the district’s use of Florida digital classrooms allocation
  453  funds in accordance with the district’s digital classrooms plan.
  454  In the event an independent third-party verification is not
  455  conducted, the Auditor General shall, during scheduled
  456  operational audits of the school districts, verify compliance of
  457  the use of Florida digital classrooms allocation funds in
  458  accordance with the district’s digital classrooms plan. No later
  459  than October 1 of each year, beginning in the 2015-2016 fiscal
  460  year, the commissioner shall provide to the Governor, the
  461  President of the Senate, and the Speaker of the House of
  462  Representatives a summary of each district’s student performance
  463  goals and outcomes, use of funds, in support of such student
  464  performance goals and outcomes, and progress toward meeting
  465  statutory requirements and timelines.
  466         Section 8. Paragraph (d) of subsection (2) of section
  467  1011.71, Florida Statutes, is amended to read:
  468         1011.71 District school tax.—
  469         (2) In addition to the maximum millage levy as provided in
  470  subsection (1), each school board may levy not more than 1.5
  471  mills against the taxable value for school purposes for district
  472  schools, including charter schools at the discretion of the
  473  school board, to fund:
  474         (d) The purchase, lease-purchase, or lease of new and
  475  replacement equipment; computer hardware, including electronic
  476  hardware and other hardware devices necessary for gaining access
  477  to or enhancing the use of electronic content and resources or
  478  to facilitate the access to and the use of a school district’s
  479  digital classrooms plan pursuant to s. 1011.62, excluding
  480  software other than the operating system necessary to operate
  481  the hardware or device; and enterprise resource software
  482  applications that are classified as capital assets in accordance
  483  with definitions of the Governmental Accounting Standards Board,
  484  have a useful life of at least 5 years, and are used to support
  485  districtwide administration or state-mandated reporting
  486  requirements. Enterprise resource software may be acquired by
  487  annual license fees, maintenance fees, or lease agreements.
  488         Section 9. This act shall take effect July 1, 2015.