H.B. No. 2893

AN ACT

relating to the technology demonstration sites project and to a computer lending pilot program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter D, Chapter 32, Education Code, is amended to read as follows:

SUBCHAPTER D. TECHNOLOGY DEMONSTRATION SITES [IMMERSION PILOT]

PROJECT

SECTION 2. Sections 32.151, 32.152, 32.153, and 32.154, Education Code, are amended to read as follows:

Sec. 32.151. ESTABLISHMENT OF [PILOT] PROJECT. (a) The agency may by rule establish the technology demonstration sites [immersion pilot] project to:

(1) demonstrate the use of technology for improving teaching and learning;

(2) use digital tools and resources to extend learning opportunities from school to home; and

(3) exemplify instructional practices and lessons that support academic learning in the classroom and at home.

(b) The project shall use existing home electronic devices or provide access through electronic [a wireless mobile computing] device checkout options to extend learning at home. The project shall make electronic devices available to each student in a participating school to allow students, at school and at home, to [and implement the] use [of] software, on-line courses, and other appropriate learning technologies that have been shown to improve academic achievement and the progress measures listed in Section 32.155(e).

Sec. 32.152. [PILOT] PROJECT ADMINISTRATION. If the agency establishes the [pilot] project under Section 32.151, the agency shall establish a procedure and develop criteria for the administration of the [pilot] project. In administering the [pilot] project, the agency shall:

(1) select participating school districts or schools;

(2) define the conditions for the distribution and use of electronic devices not currently available to all students [computer equipment and other technologies];

(3) develop guidelines for a distribution and checkout plan for home use of electronic devices [purchase and distribute computer equipment and other technologies];

(4) [enter into contracts as necessary to implement the pilot project;

[(5)] monitor local [pilot] project implementation; and

(5) review the progress made through each demonstration site included in the project

[(6) conduct a final evaluation of the pilot project].

Sec. 32.153. [PILOT] PROJECT FUNDING. (a) To implement the [pilot] project, the agency may use any gift, grant, or donation given for the [pilot] project. The agency may solicit and accept a gift, grant, or donation of any kind from any source, including from a foundation, private entity, governmental entity, and institution of higher education, for the implementation of the [pilot] project. The agency may use only undedicated and unobligated money from the general revenue fund for purposes of the [pilot] project.

(b) Funds for the [pilot] project may not be used for the construction of a building or other facility.

(c) The participating school districts and schools [agency] shall use [pilot] project funds for:

(1) the purchase of electronic [wireless mobile computing] devices so that each student in a participating classroom has an electronic [a wireless mobile computing] device for use at school and at home;

(2) the purchase of other equipment, including [additional] computer hardware and software;

(3) the hiring of pedagogical and technical support staff for school districts or schools participating in the [pilot] project; and

(4) the purchase of technology-based learning materials and resources.

(e) The [pilot] project may be implemented only if sufficient funds are available under this section for that purpose.

Sec. 32.154. DISTRICT OR SCHOOL SELECTION. (a) A school district may apply to the agency for the establishment of a technology demonstration sites [immersion pilot] project for the entire district or for a particular school or group of schools in the district.

(b) The agency shall select the participating districts and schools for the [pilot] project based on each district's or school's need and technological readiness for the [pilot] project. [In selecting participants, the agency shall consider the following criteria:

[(1) whether the district or school has limited access to educational resources that could be improved through the use of wireless mobile computing devices and other technologies;

[(2) whether the district or school has the following problems and whether those problems can be mitigated through the use of wireless mobile computing devices and other technologies:

[(A) documented teacher shortages in critical areas;

[(B) limited access to advanced placement courses;

[(C) low rates of satisfactory performance on assessment instruments under Subchapter B, Chapter 39; and

[(D) high dropout rates;

[(3) the district's or school's readiness to incorporate technology into its classrooms;

[(4) the possibility of obtaining a trained technology support staff and high-speed Internet services for the district or school; and

[(5) the methods the district or school will use to measure the progress of the pilot project in the district or school in accordance with Section 32.155(e).]

(c) The agency shall [if possible] select at least five school districts [schools] to participate in the [pilot] project. At least one demonstration site included in the [pilot] project should include students in grades 6-12. The agency may select at least one [entire] school district in which each school in the district participates [and at least one entire school in a second district to participate] in the [pilot] project.

SECTION 3. Sections 32.155(a), (c), (d), and (e), Education Code, are amended to read as follows:

(a) Each participating school district or school shall establish a community educational pipeline progress team to assist in developing and implementing the technology demonstration sites [immersion pilot] project.

(c) The team shall develop an academic improvement plan that details how the [pilot] project should be implemented in the participating district or school. In developing the academic improvement plan, the team shall consider:

(1) the educational problems in the district or school that could be mitigated through the implementation of the [pilot] project; and

(2) the technological and nontechnological resources that are necessary to ensure the successful implementation of the [pilot] project.

(d) The team shall recommend to the board of trustees how the [pilot] project funds should be used to implement the academic improvement plan developed under Subsection (c). The team may recommend annually any necessary changes in the academic improvement plan to the board. The agency must approve the academic improvement plan, or any changes in the academic improvement plan, before disbursing [pilot] project funds to the board.

(e) The board of trustees of each district participating in the [pilot] project shall send an annual progress report to the agency not later than August 1 of each year that the district is participating in the [pilot] project. The report must state in detail the type of plan being used in the district or school and the effect of the [pilot] project on the district or school, including:

(1) the academic progress of students who are participating in a [pilot] project, as measured by performance on assessment instruments;

(2) if applicable, a comparison of student progress in a school or classroom that is participating in the [pilot] project as compared with student progress in the schools or classrooms in the district that are not participating in the [pilot] project;

(3) any elements of the [pilot] project that contribute to improved student performance on assessment instruments administered under Section 39.023 or any other assessment instrument required by the agency;

(4) any cost savings and improved efficiency relating to school personnel and the maintenance of facilities;

(5) any effect on student dropout and attendance rates;

(6) any effect on student enrollment in higher education;

(7) any effect on teacher performance and retention;

(8) any improvement in communications among students, teachers, parents, and administrators;

(9) any improvement in parent involvement in the education of the parent's child;

(10) any effect on community involvement and support for the district or school; and

(11) any increased student proficiency in technologies that will help prepare the student for becoming a member of the workforce.

SECTION 4. Sections 32.156 and 32.157, Education Code, are amended to read as follows:

Sec. 32.156. ELECTRONIC DEVICE [COMPUTER] RETENTION. Each student participating in the [pilot] project may retain the electronic [wireless mobile computing] device provided under the [pilot] project as long as the student is enrolled in a school in a participating school district. [The student may retain the wireless mobile computing device after the expiration of the pilot project.]

Sec. 32.157. [PILOT] PROJECT EVALUATION; EXPIRATION. (a) After the expiration of the [pilot] project, the agency may review the [pilot] project based on the annual reports the agency receives from the board of trustees of participating school districts. The agency may include the review of the [pilot] project in the comprehensive annual report required under Section 39.182 that covers the 2012-2013 [2010-2011] school year.

(b) This subchapter expires August 31, 2013 [2011].

SECTION 5. Chapter 32, Education Code, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. COMPUTER LENDING PILOT PROGRAM

Sec. 32.351. ESTABLISHMENT OF PILOT PROGRAM. The commissioner by rule shall establish a computer lending pilot program to provide computers to participating public schools that make computers available for use by students and their parents.

Sec. 32.352. PILOT PROGRAM ADMINISTRATION. The commissioner shall establish procedures for the administration of the pilot program, including procedures for distributing to participating public schools:

(1) any surplus or salvage data processing equipment available for distribution under the pilot program; or

(2) computers donated or purchased for that purpose with funds from any available source, including a foundation, private entity, governmental entity, and institution of higher education.

Sec. 32.353. ELIGIBLE SCHOOLS. A public school is eligible to participate in the pilot program if:

(1) 50 percent or more of the students enrolled in the school are educationally disadvantaged; and

(2) the school operates or agrees to operate a computer lending program that:

(A) allows students and parents to borrow a computer;

(B) includes an option for students and parents to work toward owning a computer initially borrowed under the school's lending program, subject to any applicable legal restrictions regarding disposition of the computer involved;

(C) provides computer training for students and parents; and

(D) operates outside regular school hours, including operation until at least 7 p.m. on at least three days each week.

Sec. 32.354. ANNUAL REPORT. Not later than January 1 of each year, the commissioner shall submit a report to the legislature regarding the computer lending pilot program established under this subchapter.

Sec. 32.355. EXPIRATION. This subchapter expires September 1, 2014.

SECTION 6. Section 2175.128, Government Code, is amended by adding Subsections (a-1) and (b-1) to read as follows:

(a-1) Notwithstanding Subsection (a), if a disposition of a state agency's surplus or salvage data processing equipment is not made under Section 2175.125 or 2175.184, the state agency shall make the equipment available to the commissioner of education for use in the computer lending pilot program established under Subchapter H, Chapter 32, Education Code. If the commissioner of education declines to take the equipment, the state agency shall transfer the equipment in accordance with Subsection (a). The state agency may not collect a fee or other reimbursement from the commissioner of education for the equipment made available under this subsection. This subsection expires September 1, 2014.

(b-1) Notwithstanding Subsection (b), if a disposition of the surplus or salvage data processing equipment of a state eleemosynary institution or an institution or agency of higher education is not made under other law, the institution or agency shall make the equipment available to the commissioner of education for use in the computer lending pilot program established under Subchapter H, Chapter 32, Education Code. If the commissioner of education declines to take the equipment, the institution or agency shall transfer the equipment in accordance with Subsection (b). The state eleemosynary institution or institution or agency of higher education may not collect a fee or other reimbursement from the commissioner of education for the equipment made available under this subsection. This subsection expires September 1, 2014.

SECTION 7. This Act takes effect September 1, 2009.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2893 was passed by the House on April 30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 2893 on May 23, 2009, by the following vote: Yeas 142, Nays 0, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 2893 was passed by the Senate, with amendments, on May 20, 2009, by the following vote: Yeas 29, Nays 0.

______________________________ Secretary of the Senate APPROVED: __________________

Date

__________________

Governor