SRC-MKV S.B. 927 77(R) BILL ANALYSIS Senate Research Center S.B. 927 77R6458 BDH-DBy: Shapleigh Education 4/30/2001 As Filed DIGEST AND PURPOSE Although many projects have been developed to confront the "digital divide," that divide remains correlated to wealth. Access to computers during the educational years yields long-term benefits in terms of participating and competing in the modern economy. As proposed, S.B. 927 enables school districts and charter schools to accept used data processing equipment and to adopt rules governing the transference of this equipment to disadvantaged students. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to a school district or open-enrollment charter school, as provided by Chapter 32C, Education Code, in SECTION 1 (Section 32.104, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 32, Education Code, by adding Subchapter C, as follows: SUBCHAPTER C. TRANSFER OF DATA PROCESSING EQUIPMENT TO STUDENTS Sec. 32.101. DEFINITION. Provides that in this subchapter "data processing" has the meaning assigned by Section 2054.003 (Definitions), Government Code. Sec. 32.102. AUTHORITY. (a) Authorizes a school district (district) or open-enrollment charter school (charter school) to transfer to a student enrolled in the district or school certain equipment, as provided by this subchapter. (b) Authorizes a district or charter school to accept donations of data processing equipment (equipment) for transfer under this subchapter; and any gifts, grants, or donations of money or services to purchase, refurbish, or repair equipment under this subchapter. Sec. 32.103. ELIGIBILITY; PREFERENCE. Provides that a student is eligible to receive equipment under this subchapter only if the student does not otherwise have home access to such equipment, as determined by the student's district or charter school. (b) Requires a district or charter school to give preference to educationally disadvantaged students in transferring equipment to students. Sec. 32.104. REQUIREMENTS FOR TRANSFER. Requires a district or charter school, before transferring equipment to a student, to adopt rules governing transfers under this subchapter, including provisions for technical assistance to the student by the district or school; to determine that the transfer serves a public purpose and benefits the district or school; and to remove from the equipment any offensive, confidential, or proprietary information, as determined by the district or school. Sec. 32.105. EXPENDITURE OF PUBLIC FUNDS. Authorizes a district or charter school to spend public funds to purchase, refurbish, or repair any equipment transferred to a student under this subchapter; and store, transport, or transfer equipment under this subchapter. Sec. 32.106. RETURN OF EQUIPMENT. (a) Requires a student who receives equipment from a district or charter school under this subchapter to return the equipment to the district or school not later than the earliest of certain dates, except as provided by Subsection (b). (b) Provides that Subsection (a) does not apply if, at the time the student is required to return the equipment under that subsection, the district or school determines that the equipment has no marketable value. SECTION 2. Amends Section 2175.126, Government Code, add language regarding a school district or open-enrollment charter school in this state under Chapter 32C, Education Code. Makes conforming changes. SECTION 3. Effective date: upon passage or September 1, 2001.