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LEGISLATURE OF THE STATE OF IDAHO
Sixtieth Legislature
Second Regular Session ­ 2010
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 727
BY APPROPRIATIONS COMMITTEE
1
AN ACT
2
RELATING TO THE IDAHO EDUCATION NETWORK; AMENDING SECTION 33­125A, IDAHO
3
CODE, TO REVISE THE DUTIES OF THE STATE SUPERINTENDENT OF PUBLIC IN­
4
STRUCTION AND THE STATE DEPARTMENT OF EDUCATION WITH REGARD TO THE IDAHO
5
EDUCATION NETWORK AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING
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SECTION 67­5745D, IDAHO CODE, TO PROVIDE A CODE REFERENCE AND TO REMOVE
7
LANGUAGE PROVIDING FOR GOVERNANCE AND OPERATIONS OF THE IDAHO EDUCATION
8
NETWORK AND FOR THE IDAHO EDUCATION NETWORK FUND; AMENDING CHAPTER 57,
9
TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67­5745E, IDAHO
10
CODE, TO PROVIDE FOR THE IDAHO EDUCATION NETWORK PROGRAM AND RESOURCE
11
ADVISORY COUNCIL (IPRAC); AND DECLARING AN EMERGENCY.
12
Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1. That Section 33­125A, Idaho Code, be, and the same is hereby
14
amended to read as follows:
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33­125A. IDAHO EDUCATION NETWORK ­­ DUTIES OF THE STATE SUPERINTEN­
16
DENT OF PUBLIC INSTRUCTION AND THE STATE DEPARTMENT OF EDUCATION. (1) Under
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the direction of the state superintendent of public instruction, the state
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department of education shall:
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(a1) Coordinate with the Idaho digital learning academy as provided
20
for in chapter 55, title 33, Idaho Code, the state board of education and
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school districts to distribute telecourses, teleconferences and other
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instructional and training services to and between public schools;
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(b2) Coordinate with the Idaho digital learning academy, the state
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board of education and institutions of higher education to distribute
25
college credit telecourses, teleconferences and other instructional and
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training services;
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(c3) Act as a clearinghouse for the materials, courses, publications
28
and other applicable information related to the requirements of this sec­
29
tion; and
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(d4) Coordinate all e­rate funding applications for Idaho’s school
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districts and implement e­rate funds through the department of administra­
32
tion for related services provided under the purview of the Idaho education
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network (IEN).; and
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(25) (a) The superintendent of public instruction shall aAppoint an
35
four (4) representatives to the Idaho education network program and resource
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advisory council (IPRAC) made up of representatives from public and higher
37
education, the Idaho digital learning academy, state government and the pri­
38
vate sector to advise and assist the department of education in performing
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its duties pursuant to this section and the provisions of section 67­5745DE,
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Idaho Code.
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(b) The superintendent of public instruction shall determine the
42
number of persons necessary to provide the assistance required from
2
1
the IPRAC. Members of the IPRAC shall be selected for their knowledge
2
of education curricula, content, professional training and such other
3
issues that may be essential for the productive delivery of education
4
resources to schools throughout the state utilizing the IEN for the
5
benefit and enhancement of the education system statewide. Persons
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appointed may be from the public or private sector and shall possess
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special knowledge in the areas of need for the successful operation and
8
management of the IEN.
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(c) The superintendent of public instruction shall, in consultation
10
with the department of administration, establish a technical subcom­
11
mittee of the IPRAC, to be co­chaired by the chief information officer
12
of the department of administration, or his designee, and a person
13
currently employed in a related public or higher education technology
14
function, to advise and assist the department of administration in the
15
technical development and operation of the IEN as required pursuant to
16
section 67­5745D, Idaho Code. Members of the technical subcommittee
17
shall be selected for their knowledge and experience in the development
18
and technology necessary for the Previous DocumentprocurementNext Hit and/or ongoing operation
19
of a network that will enable the delivery of educational materials
20
and resources, as provided in this section and section 67­5745D, Idaho
21
Code.
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(d) The superintendent of public instruction may establish other sub­
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committees to provide specific assistance to the department of adminis­
24
tration or the department of education, as may be deemed expedient and
25
necessary for such purpose.
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(e) Membership on the technical or any other subcommittee is not lim­
27
ited to the members of the IPRAC. Members of the IPRAC or any associ­
28
ated subcommittee shall not be compensated for service as such member,
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but shall receive per diem and travel allowance as provided for state
30
employees, in such amount as is provided for in section 67­2008, Idaho
31
Code.
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SECTION 2. That Section 67­5745D, Idaho Code, be, and the same is hereby
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amended to read as follows:
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67­5745D. IDAHO EDUCATION NETWORK. (1) The legislature finds that:
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(a) Idaho does not have a statewide coordinated and funded high­band­
36
width education network;
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(b) Such a network will enable required and advanced courses, concur­
38
rent enrollment and teacher training to be deliverable to all public
39
high schools through an efficiently­managed statewide infrastructure;
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and
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(c) Aggregating and leveraging demand at the statewide level will pro­
42
vide overall benefits and efficiencies in the Previous Hit procurementNext Hit of telecom­
43
munications services, including high­bandwidth connectivity, internet
44
access, purchases of equipment, federal subsidy program expertise and
45
other related services.
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(2) As used in this section and in section 67­5745E, Idaho Code, "Idaho
47
Education Network (IEN)" means the coordinated, statewide telecommunica­
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tions distribution system for distance learning for each public school,
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including two­way interactive video, data, internet access and other
3
1
telecommunications services for providing distance learning. The term
2
also includes connections to each institution of higher education and other
3
locations as necessary to facilitate distance education, teacher training
4
and other related services.
5
(3) The department of administration shall provide administrative
6
oversight for IEN.
7
(4) In performing the duties under this section, the department of ad­
8
ministration shall consider the following goals to ensure that:
9
(a) Idaho will utilize technology to facilitate comparable access to
10
educational opportunities for all students;
11
(b) Idaho will be a leader in the use of technology to deliver advanced
12
high school curricula, concurrent college credit, and ongoing teacher
13
training on an equitable basis throughout the state; and
14
(c) Idaho will leverage its statewide purchasing power for the IEN
15
to promote private sector investment in telecommunications infra­
16
structure that will benefit other technology applications such as
17
telemedicine, telecommuting, telegovernment and economic development.
18
(5) In performing the duties under this section, subject to the avail­
19
ability of funds, the department of administration shall:
20
(a) Coordinate the development, outsourcing and implementation of a
21
statewide network for education, which shall include high­bandwidth
22
connectivity, two­way interactive video and internet access, using
23
primarily fiber optic and other high­bandwidth transmission media;
24
(b) Consider statewide economic development impacts in the design and
25
implementation of the educational telecommunications infrastructure;
26
(c) Coordinate and support the telecommunications needs, other than
27
basic voice communications of public education;
28
(d) Procure high­quality, cost­effective internet access and appro­
29
priate interface equipment to public education facilities;
30
(e) Procure telecommunications services and equipment on behalf of
31
public education;
32
(f) Procure and implement technology and equipment for the delivery of
33
distance learning;
34
(g) In conjunction with the state department of education, apply for
35
state and federal funding for technology on behalf of IEN services;
36
(h) Procure telecommunications services and equipment for the IEN
37
through an open and competitive bidding process;
38
(i) Work with the private sector to deliver high­quality, cost­effec­
39
tive services statewide; and
40
(j) Cooperate with state and local governmental and educational enti­
41
ties and provide leadership and consulting for telecommunications for
42
education.
43
(6) The department of administration shall follow an implementation
44
plan that:
45
(a) In the first phase, will connect each public high school with a
46
scalable, high­bandwidth connection, including connections to each
47
institution of higher education and the Idaho digital learning academy
48
as provided for in chapter 55, title 33, Idaho Code, as necessary,
49
thereby allowing any location on IEN to share educational resources
50
with any other location;
4
1
(b) Upon completion of the first phase, shall provide that each pub­
2
lic high school will be served with high­bandwidth connectivity, inter­
3
net access and equipment in at least one (1) two­way interactive video
4
classroom; and
5
(c) In subsequent phases, will evaluate and make recommendations to the
6
legislature for:
7
(i) Connectivity to each elementary and middle school;
8
(ii) The addition of libraries to the IEN; and
9
(iii) The migration of state agency locations from current tech­
10
nology and services.
11
(7) The department of administration shall, in its administration of
12
the provisions of this section, comply with all provisions of federal law and
13
regulations necessary to obtain and maintain qualification of the IEN and
14
its participating schools in order to enable receipt of federal universal
15
service support funding and the federal e­rate discount program for schools
16
and libraries including, but not limited to, maintenance of the IEN as a sep­
17
arate and distinct network to the extent necessary to obtain and maintain
18
such qualification.
19
(8) Educational institutions served by the IEN shall manage site opera­
20
tions under policies established by the department of administration and the
21
state department of education.
22
(9) Idaho education network fund. There is hereby created in the state
23
treasury the Idaho education network fund. Moneys in the fund shall consist
24
of funds received from state appropriations, grants, federal moneys, dona­
25
tions or funds from any other source. Moneys in the fund may be expended,
26
pursuant to appropriation, for implementation and ongoing costs of the Idaho
27
education network. The treasurer shall invest all idle moneys in the fund.
28
Any interest earned on the investment of idle moneys shall be returned to the
29
fund.
30
SECTION 3. That Chapter 57, Title 67, Idaho Code, be, and the same is
31
hereby amended by the addition thereto of a NEW SECTION, to be known and des­
32
ignated as Section 67­5745E, Idaho Code, and to read as follows:
33
67­5745E. IDAHO EDUCATION NETWORK PROGRAM AND RESOURCE ADVISORY COUN­
34
CIL (IPRAC). (1) The administrative oversight for the Idaho education net­
35
work (IEN) shall be provided by the Idaho education network program and re­
36
source advisory council (IPRAC) that is hereby created within the department
37
of administration. The IPRAC shall be composed of thirteen (13) members, as
38
follows:
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(a) The superintendent of public instruction or his designee, who shall
40
serve as the chairman of the council;
41
(b) The director of the department of administration or his designee,
42
who shall serve as vice chairman of the council;
43
(c) The chief executive officer of the Idaho digital learning academy;
44
(d) Two (2) individuals appointed by the superintendent of public in­
45
struction representing public and higher education in Idaho, selected
46
for their knowledge and experience in the development and technology
47
necessary for the Previous Hit procurementNext Hit and/or ongoing operation of a network
48
that will enable the delivery of educational materials and resources.
49
One (1) of the individuals appointed by the superintendent of public in­
5
1
struction shall serve an initial term of one (1) year and one (1) of such
2
individuals shall serve an initial term of two (2) years, as determined
3
by the superintendent. After such initial terms, these individuals
4
shall serve four (4) year terms. Vacancies in such appointment shall be
5
filled by appointment by the superintendent for the remaining term;
6
(e) Two (2) individuals appointed by the superintendent of public
7
instruction to represent the private sector. One (1) of the individuals
8
appointed by the superintendent of public instruction shall serve an
9
initial term of two (2) years and one (1) of such individuals shall serve
10
an initial term of three (3) years, as determined by the superintendent.
11
After such initial terms, these individuals shall serve terms of four
12
(4) years. Vacancies in such appointment shall be filled by appointment
13
by the superintendent for the remaining term;
14
(f) The chairman of the senate education committee or his designee;
15
(g) The chairman of the house of representatives education committee or
16
his designee; and
17
(h) Four (4) members of the joint finance­appropriations committee,
18
appointed by the president pro tempore of the senate and the speaker of
19
the house of representatives in consultation with the cochairmen of the
20
joint finance­appropriations committee, with one (1) such appointee
21
being a member of the minority political party.
22
(2) In performing the duties pursuant to this section, IPRAC shall con­
23
sider the following goals to ensure that:
24
(a) Idaho will utilize technology to facilitate comparable access to
25
educational opportunities for all students;
26
(b) Idaho will be a leader in the use of technology to deliver advanced
27
high school curricula, concurrent college credit, and ongoing teacher
28
training on an equitable basis throughout the state; and
29
(c) Idaho will leverage its statewide purchasing power for the IEN
30
to promote private sector investment in telecommunications infra­
31
structure that will benefit other technology applications such as
32
telemedicine, telecommuting, telegovernment and economic development.
33
(3) In performing the duties pursuant to this section, subject to the
34
availability of funds, the IPRAC shall:
35
(a) Coordinate the development, outsourcing and implementation of a
36
statewide network for education, which shall include high­bandwidth
37
connectivity, two­way interactive video and internet access, using
38
primarily fiber optic and other high­bandwidth transmission media;
39
(b) Consider statewide economic development impacts in the design and
40
implementation of the educational telecommunications infrastructure;
41
(c) Coordinate and support the telecommunications needs, other than
42
basic voice communications of public education;
43
(d) Procure high­quality, cost­effective internet access and appro­
44
priate interface equipment to public education facilities;
45
(e) Procure telecommunications services and equipment on behalf of
46
public education;
47
(f) Procure and implement technology and equipment for the delivery of
48
distance learning;
49
(g) In conjunction with the state department of education, apply for
50
state and federal funding for technology on behalf of IEN services;
6
1
(h) Procure telecommunications services and equipment for the IEN
2
through an open and competitive bidding process;
3
(i) Establish a technical subcommittee of the IPRAC to advise and as­
4
sist the IPRAC in the technical development and operation of the IEN as
5
required pursuant to this section. Members of the technical subcommit­
6
tee shall be selected for their knowledge and experience in the develop­
7
ment and technology necessary for the Previous Hit procurementNext Document and/or ongoing opera­
8
tion of a network that will enable the delivery of educational materials
9
and resources, as provided in this section;
10
(j) Establish other subcommittees to provide specific assistance to
11
the IPRAC, as may be deemed expedient and necessary for such purpose;
12
(k) Work with the private sector to deliver high­quality, cost­effec­
13
tive services statewide; and
14
(l) Cooperate with state and local governmental and educational enti­
15
ties and provide leadership and consulting for telecommunications for
16
education.
17
(4) The IPRAC shall follow an implementation plan that:
18
(a) In the first phase, will connect each public high school with a
19
scalable, high­bandwidth connection, including connections to each
20
institution of higher education and the Idaho digital learning academy
21
as provided for in chapter 55, title 33, Idaho Code, as necessary,
22
thereby allowing any location on the IEN to share educational resources
23
with any other location;
24
(b) Upon completion of the first phase, shall provide that each pub­
25
lic high school will be served with high­bandwidth connectivity, inter­
26
net access and equipment in at least one (1) two­way interactive video
27
classroom; and
28
(c) In subsequent phases, will evaluate and make recommendations to the
29
legislature for:
30
(i) Connectivity to each elementary and middle school;
31
(ii) The addition of libraries to the IEN; and
32
(iii) The migration of state agency locations from current tech­
33
nology and services.
34
(5) The IPRAC shall, in its administration of the provisions of this
35
section, comply with all provisions of federal law and regulations necessary
36
to obtain and maintain qualification of the IEN and its participating
37
schools in order to enable receipt of federal universal service support
38
funding and the federal e­rate discount program for schools and libraries
39
including, but not limited to, maintenance of the IEN as a separate and
40
distinct network to the extent necessary to obtain and maintain such quali­
41
fication.
42
(6) Educational institutions served by the IEN shall manage site oper­
43
ations under policies established by the IPRAC and the state department of
44
education.
45
(7) Idaho education network fund. There is hereby created in the state
46
treasury the Idaho education network fund. Moneys in the fund shall consist
47
of funds received from state appropriations, grants, federal moneys, dona­
48
tions or funds from any other source. Moneys in the fund may be expended,
49
pursuant to appropriation, for implementation and ongoing costs of the IEN.
7
1
The treasurer shall invest all idle moneys in the fund. Any interest earned
2
on the investment of idle moneys shall be returned to the fund.
3
(8) Members of the IPRAC or any associated subcommittee shall not be
4
compensated for service as such member, but shall receive per diem and travel
5
allowance as provided for state employees, in such amount as is provided for
6
in section 67­2008, Idaho Code.
7
SECTION 4. An emergency existing therefor, which emergency is hereby
8
declared to exist, this act shall be in full force and effect on and after its
9
passage and approval.