By Hunter of Nueces                                   H.B. No. 2220
       74R5294 JSA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the development of distance learning and related
    1-3  activities by institutions of higher education and to a Distance
    1-4  Learning Clearinghouse.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter C, Chapter 61, Education Code, is
    1-7  amended by adding Sections 61.0771, 61.0772, and 61.0773 to read as
    1-8  follows:
    1-9        Sec. 61.0771.  DISTANCE LEARNING MASTER PLAN.  (a)  The
   1-10  board, in cooperation with institutions of higher education, shall
   1-11  develop a master plan for the development of distance learning and
   1-12  other applications of instructional electronic technology by
   1-13  institutions of higher education.  The plan shall include
   1-14  recommendations for:
   1-15              (1)  the coordination and integration of distance
   1-16  learning and related telecommunications activities among
   1-17  institutions of higher education and other public or private
   1-18  entities to achieve optimum efficiency and effectiveness in
   1-19  providing necessary services, including identification of the costs
   1-20  and any cost savings to be achieved by the use of distance learning
   1-21  and related activities such as teleconferencing or sharing
   1-22  resources by telecommunications;
   1-23              (2)  the development and acquisition of distance
   1-24  learning infrastructure and equipment within and among institutions
    2-1  of higher education consistent with the missions of those
    2-2  institutions and the recipients of their services;
    2-3              (3)  the establishment of uniform or compatible
    2-4  standards and technologies for distance learning;
    2-5              (4)  the training of faculty and staff in the use and
    2-6  operation of distance learning facilities;
    2-7              (5)  appropriate applications of distance learning,
    2-8  including the identification of the needs of the student
    2-9  populations to be served;
   2-10              (6)  policies relating to the funding for
   2-11  implementation and administering of distance learning, including
   2-12  interinstitutional funds transfers among institutions providing and
   2-13  receiving distance learning services and formula funding
   2-14  allocations, and recommendations for the appropriate fees for
   2-15  services offered through distance learning;
   2-16              (7)  revising regulatory policy relating to public
   2-17  utilities to facilitate distance learning; and
   2-18              (8)  any statutory or regulatory changes desirable to
   2-19  promote distance learning or to implement the master plan.
   2-20        (b)  The board may include in the plan any related
   2-21  recommendation the board considers appropriate, including
   2-22  recommendations for coordination of distance learning with other
   2-23  telecommunications activities and services conducted by government
   2-24  agencies or private entities.
   2-25        (c)  To assist in the development of the plan, the board
   2-26  shall create an advisory committee consisting of experts in
   2-27  distance learning, including school administrators and faculty and
    3-1  lay persons. The board shall include on the committee a
    3-2  representative of each university system and each public senior
    3-3  college or university under a separate governing board, and
    3-4  representatives of public junior colleges, public health science
    3-5  centers and medical schools, public technical institutes, and
    3-6  independent institutions of higher education.  The appointment of
    3-7  an employee of an institution of higher education to the committee
    3-8  must be approved by the president or chancellor of that
    3-9  institution.
   3-10        (d)  The advisory committee may request the cooperation or
   3-11  participation of the Central Education Agency, Department of
   3-12  Information Resources, or General Services Commission in preparing
   3-13  the master plan.
   3-14        (e)  The board shall approve the master plan and present it
   3-15  to the legislature not later than December 31, 1996.  The plan
   3-16  shall include a summary of the then-current uses of distance
   3-17  learning and other instructional electronic technologies by
   3-18  institutions of higher education and of the plans of those
   3-19  institutions to implement, improve, or expand the use of distance
   3-20  learning and other instructional electronic technologies.  The
   3-21  board may revise the master plan at any subsequent time as the
   3-22  board considers appropriate.
   3-23        Sec. 61.0772.  DISTANCE LEARNING CLEARINGHOUSE.  (a)  The
   3-24  board shall establish a Distance Learning Clearinghouse, in
   3-25  cooperation with the Distance Learning Advisory Committee created
   3-26  under Section 61.0773, institutions of higher education, the
   3-27  Central Education Agency, and the Department of Information
    4-1  Resources, to:
    4-2              (1)  compile and maintain a database of information
    4-3  relating to distance learning and make it available to the public
    4-4  in electronic form;
    4-5              (2)  develop statewide distance learning programs and
    4-6  applications; and
    4-7              (3)  assist institutions of higher education and the
    4-8  Central Education Agency in providing technical assistance to
    4-9  potential distance learning providers.
   4-10        (b)  The clearinghouse may provide information to
   4-11  institutions of higher education and the Central Education Agency
   4-12  regarding methods of providing technical assistance to entities
   4-13  that are developing distance learning programs, and may assist
   4-14  those entities in assessing distance learning needs.
   4-15        (c)  The clearinghouse may advise an institution of higher
   4-16  education or a school district of ways in which the institution or
   4-17  district may save money when using distance learning programs.
   4-18        Sec. 61.0773.  DISTANCE LEARNING ADVISORY COMMITTEE.  (a)
   4-19  The Distance Learning Advisory Committee consists of 15 members
   4-20  appointed by the commissioner of higher education as follows:
   4-21              (1)  one member must represent regional education
   4-22  service centers;
   4-23              (2)  one member must be a practicing public school
   4-24  administrator, selected from a list submitted by a statewide
   4-25  organization of school administrators;
   4-26              (3)  three members must represent businesses in this
   4-27  state and be experienced in technology applications;
    5-1              (4)  one member must be a practicing public school
    5-2  teacher, selected from a list submitted by a statewide organization
    5-3  of teachers;
    5-4              (5)  one member must be a library media specialist,
    5-5  selected from a list submitted by a statewide organization of
    5-6  library media specialists;
    5-7              (6)  one member must represent the public;
    5-8              (7)  one member must be a faculty member of an
    5-9  institution of higher education;
   5-10              (8)  one member must be a public secondary school
   5-11  teacher and represent educators who use technology;
   5-12              (9)  one member must be a practicing public elementary
   5-13  school teacher;
   5-14              (10)  one member must be a practicing public school
   5-15  educator specializing in curriculum development;
   5-16              (11)  one member must be experienced in
   5-17  telecommunications regulation;
   5-18              (12)  one member must be a representative of an
   5-19  association of persons engaged in providing public broadcasting;
   5-20  and
   5-21              (13)  one member must represent consumers.
   5-22        (b)  A private business entity, school district, or statewide
   5-23  organization may not have more than one officer or employee serve
   5-24  on the advisory committee.
   5-25        (c)  A member must be knowledgeable about application of
   5-26  technology for learning experiences and be selected based on
   5-27  documentation of that knowledge.
    6-1        (d)  The advisory committee shall advise the board in the
    6-2  development of the distance learning master plan as provided by
    6-3  Section 61.0771.
    6-4        (e)  A member is not entitled to compensation for serving on
    6-5  the advisory committee but is entitled to reimbursement for
    6-6  expenses as provided by Article 6252-33, Revised Statutes.
    6-7        (f)  The commissioner of higher education shall appoint the
    6-8  initial members of the advisory committee not later than November
    6-9  1, 1995.  In the event of a vacancy on the advisory committee, the
   6-10  commissioner shall appoint a replacement who meets the
   6-11  qualifications for the vacated position.
   6-12        (g)  This section expires and the advisory committee is
   6-13  abolished August 31, 1997.
   6-14        SECTION 2.  The importance of this legislation and the
   6-15  crowded condition of the calendars in both houses create an
   6-16  emergency and an imperative public necessity that the
   6-17  constitutional rule requiring bills to be read on three several
   6-18  days in each house be suspended, and this rule is hereby suspended.