SRC-JEC, MSY C.S.S.B. 699 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 699
78R10243 KKA-DBy: Shapleigh
Education
4/11/2003
Committee Report (Substituted)


DIGEST 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.  C.S.S.B. 699 requires the Texas
Education Agency (TEA) to establish and maintain an education Internet
portal that would provide, among other things, 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.  C.S.S.B. 699 also provides funding
suggestions for the portal from the from fees charged to some of the
portal's users, gifts, grants, donations, vendor payments, and
arrangements with private or nonprofit entities. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 32.163, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 32, Education Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  EDUCATION INTERNET PORTAL

Sec.  32.151.  DEFINITION.  Defines "portal."

Sec.  32.152.  EDUCATION INTERNET PORTAL; GENERAL PURPOSES.  (a) Requires
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. 

(b)  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 by this subchapter or any other
educational purpose. 

Sec.  32.153.  ADMINISTRATION.  (a)  Grants TEA the responsibility for
general administration and oversight of the portal and for approving the
portal's content. 

(b)  Requires the Department of Information Resources (DIR) to take
certain actions necessary for the creation, implementation, and support of
the portal. 

(c)  Authorizes DIR to assist TEA with technical advice regarding
contracting with vendors for services in connection with the portal. 

(d)  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. 

Sec.  32.154.  ON-LINE COURSES.  (a)  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). 

(b)  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. 

(c)  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. 

(d)  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. 

Sec.  32.155.  ON-LINE COURSE SCHOLARSHIPS.  (a)  Authorizes TEA to award
a scholarship for the costs of an on-line course to a full-time enrolled
public school student who demonstrates certain qualities, with funds
available for that purpose. 

(b)  Authorizes the commissioner to adopt criteria to be used in awarding
scholarships under this section. 

Sec.  32.156.  ON-LINE TEXTBOOKS.  (a)  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. 

(b)  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. 

Sec.  32.157.  SCHOOL DISTRICT ADMINISTRATIVE SOFTWARE AND ELECTRONIC
TOOLS.  (a)  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. 

(b)  Authorizes TEA to assist school districts in identifying sources of
funding that may be used by districts to pay any costs associated with
using the tools described under Subsection (a), and authorizes TEA to
provide such tools to school districts that demonstrate need at no cost,
to the extent that funds are available. 

Sec.  32.158.  STUDENT ASSESSMENT DATA.  (a)  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. 

(b)  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 required by this section. 

Sec.  32.159.  FEES.  (a)  Authorizes TEA to charge school districts,
teachers, parents, students, and other persons a reasonable fee for
services or information provided through the portal. 

(b)  Prohibits the total amount of fees charged under this section from
exceeding the amount necessary to pay the costs associated with the
development, administration, and maintenance of the portal. 

 (c)  Prohibits an individual fee charged to a person under this section
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. 

(d)  Requires TEA to make services and information through the portal
available at no cost, to the extent possible. 

Sec.  32.160.  VENDOR PARTICIPATION.  (a)  Authorizes TEA to seek
proposals from private vendors for providing on-line courses or other
materials or services through the portal in accordance with this
subchapter.  Prohibits a vendor from providing an on-line course or other
material or service through the portal without approval by TEA. 

(b)  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. 

Sec.  32.161.  FUNDING.  (a)  Prohibits TEA from using general revenue
funds to pay the costs of developing, administering, and maintaining the
portal.  Authorizes TEA to use amounts available to TEA from gifts,
grants, donations, vendor payments, or arrangements with nonprofit or
private entities. 
 
(b)  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. 

Sec.  32.162.  STATEWIDE LICENSING AND CONTRACTING.  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. 

Sec.  32.163.  OUTREACH AND TRAINING.  (a)  Authorizes TEA to conduct
outreach activities to provide information regarding the portal to school
districts, teachers, parents, and students. 

(b)  Authorizes TEA to provide training to school districts and teachers
in use of the portal.  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. 

SECTION 2.  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. 

SECTION 3.  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. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.