S.B. 699 78(R)    BILL ANALYSIS


S.B. 699
By: Shapleigh
Public Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current Texas law, no single Internet resource exists to provide
students, school districts, teachers, parents, and others across the state
with educational tools and information. S.B. 699 requires the Texas
Education Agency (TEA) to establish and maintain an education Internet
portal that would provide on-line classes,  academic texts, and
administrative tools for use by students, parents, and educators with the
intent of providing a wider range of educational resources to more
students. S.B. 699 also provides funding suggestions for the portal from
fees charged to some of the portal's users, gifts, grants, donations,
vendor payments, and arrangements with private or nonprofit entities. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the commissioner of education in SECTION 1 (Section 32.163,
Education Code) of this bill. 


ANALYSIS

S.B. 699 amends the Education Code by requiring the Texas Education Agency
(TEA), with assistance from certain parties, to establish and maintain an
education Internet portal for use by school districts, teachers, parents,
and students. The bill defines "portal" to mean the  education Internet
portal. The bill requires the portal to serve as a single point of access
to educational resources, and lists certain uses that the portal may serve
in addition to other purposes specified or any other educational purpose. 

The bill grants TEA the responsibility for general administration and
oversight of the portal and for approving the portal's content. The bill
requires the Department of Information Resources (DIR) to take certain
actions necessary for the creation, implementation, and support of the
portal. The bill authorizes DIR to assist TEA with technical advice
regarding contracting with vendors for services in connection with the
portal. The bill requires the joint advisory committee established under
Section 61.077, or any successor to that committee with certain
responsibilities, to serve in an advisory capacity to TEA and DIR in
connection with functions relating to the portal. 

The bill authorizes TEA to coordinate the identification and development
of on-line courses made available through the portal, and prohibits a
course from being offered through the portal without being reviewed by TEA
and approved by the commissioner of education (commissioner). The bill
requires TEA to give priority to any course not readily available to
students throughout the state and for which there is a critical need when
coordinating, developing, and reviewing courses to be made available
through the portal. The bill requires a course made available through the
portal to be aligned with state curriculum requirements under Section
28.002 and the essential knowledge and skills under that section. The bill
authorizes TEA to develop quality assurance criteria to be used by TEA in
developing and reviewing courses made available through the portal, and
requires the criteria to include certain components. 

The bill authorizes TEA to award a scholarship for the costs of an on-line
course to a student who demonstrates certain qualities, with funds
available for that purpose. The bill authorizes the commissioner to adopt
criteria to be used in awarding such scholarships. The bill specifies that
the  criteria must limit the availability of scholarships to full-time
public school students or students that were enrolled in a public school
on a full-time basis for at least three months during the preceding school
year and indicate an intent to enroll in a public school on a full-time
basis for at least three months during the school year for which the
scholarship is offered. 

The bill authorizes TEA to develop and adopt strategies for making
textbooks available in an electronic format through the portal or other
means as an alternative or supplement to traditional textbooks. The bill
requires TEA to seek to achieve a system under which a student may be
provided with secure Internet access to each textbook used by the student,
in addition to a traditional textbook. 

The bill authorizes TEA to identify Internet-based administrative software
and other electronic tools that may be used by school districts to improve
district administrative functions and to make such tools available through
the portal for voluntary use by the school districts. The bill authorizes
TEA to assist school districts in identifying sources of funding that may
be used by districts to pay any costs associated with using administrative
software and other electronic tools, and authorizes TEA to provide such
tools to school districts that demonstrate need at no cost, to the extent
that funds are available. 

The bill authorizes TEA to establish a secure, interoperable system to be
implemented through the portal under which school districts can access
student assessment data for use in developing strategies for improving
student performance. The bill requires TEA to seek to further the goal of
providing school districts with access to student performance information
at the classroom level when establishing the system. 

The bill authorizes TEA to charge school districts, teachers, parents,
students, and other persons a reasonable fee for services or information
provided through the portal. The bill prohibits the total amount of fees
charged from exceeding the amount necessary to pay the costs associated
with the development, administration, and maintenance of the portal. The
bill prohibits an individual fee charged to a person from exceeding the
amount that the person would be required to pay to obtain the service or
information from a commercial source or through another means of access
other than the portal. The bill requires TEA to make services and
information through the portal available at no cost, to the extent
possible. 

The bill authorizes TEA to seek proposals from private vendors for
providing on-line courses or other materials or services through the
portal. The bill prohibits a vendor from providing an on-line course or
other material or service through the portal without approval by TEA. The
bill authorizes TEA to require a vendor, as a condition of the approval of
the vendor's proposal, to pay certain amounts and if applicable, to
provide on-line course scholarships to students in accordance with
criteria adopted by the commissioner. 

The bill prohibits TEA from using general revenue funds to pay the costs
of developing, administering, and maintaining the portal.  The bill
authorizes TEA to use amounts available to TEA from gifts, grants,
donations, vendor payments, or arrangements with nonprofit or private
entities. The bill requires the commissioner and TEA, to the extent
possible considering other statutory requirements, to encourage the use of
textbook funds and technology allotment funds under Section 31.021(b)(2)
in a manner that facilitates the development and use of the portal. 

The bill authorizes TEA to negotiate statewide licenses or discounts with
software vendors and other persons offering applications suitable for use
through the portal, in order to provide services through the portal at no
cost or at a reasonable cost. 

The bill authorizes TEA to conduct outreach activities to provide
information regarding the portal to school districts, teachers, parents,
and students. The bill authorizes TEA to provide training to school
districts and teachers in use of the portal.  The bill authorizes training
in use of the portal to be made available to parents and students by TEA
or school districts, as determined by commissioner rule. 

The bill requires TEA, not later than January 1, 2005, to submit a report
to the legislature containing recommendations for maximizing the benefits
of providing access to textbooks or other educational  materials through
the Internet using the portal established under established under Chapter
32, Subchapter D, Education Code, as added by this Act. The bill requires
TEA and DIR to coordinate their activities in implementing Chapter 32,
Subchapter D, Education Code, as added by this Act, including certain
relevant ongoing activities relating to systems necessary to conform state
educational reporting processes with educational reporting requirements
imposed by federal law. 


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.