Bill Amendment: FL S1264 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Education
Status: 2015-05-01 - Died on Calendar [S1264 Detail]
Download: Florida-2015-S1264-Senate_Committee_Amendment_849922.html
Bill Title: Education
Status: 2015-05-01 - Died on Calendar [S1264 Detail]
Download: Florida-2015-S1264-Senate_Committee_Amendment_849922.html
Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for SB 1264 Ì849922:Î849922 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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)toProvide for the most efficient use of the state’s 13 information technology resources and thattoensure 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 by147October 1, 2014, and annually updating the plan by January 1 148each 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, whichthatinclude 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 AugustOctober 1, 2014, and by226March1 of each yearthereafter, 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 suchstudent341 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.