HOUSE BILL NO. 543

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Bill Status



H0543aa........................................................by EDUCATION
IDAHO EDUCATION NETWORK - Adds to existing law relating to the Idaho
Education Network to state legislative findings; to require the State
Department of Education to perform the duties assigned to it relating to
the Idaho Education Network; to provide legislative findings; to define
"Idaho Education Network (IEN)"; to provide for administrative oversight of
the Idaho Education Network by the Department of Administration; to specify
duties of the Department of Administration, including implementation of the
goals and plans of the Idaho Education Network; to specify duties of the
State Department of Education; to provide for management of site
operations; and to create the Idaho Education Network Fund.

02/19    House intro - 1st rdg - to printing
02/20    Rpt prt - to Educ
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
    To Gen Ord
03/04    Rpt out amen - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
      Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke
    Floor Sponsor - Nonini
    Title apvd - to Senate
03/11    Senate intro - 1st rdg - to Educ
03/14    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Pearce
    Floor Sponsors - Goedde, Bastian, Jorgenson
    & Acting Senator Sagness
    Title apvd - to House
03/18    To enrol - Rpt enrol - Sp signed
03/19    Pres signed
03/20    To Governor
03/25    Governor signed
         Session Law Chapter 260
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 543

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE IDAHO EDUCATION NETWORK; STATING LEGISLATIVE FINDINGS;  AMEND-
  3        ING  SECTION 33-125, IDAHO CODE, TO REQUIRE THE STATE DEPARTMENT OF EDUCA-
  4        TION TO PERFORM THE DUTIES ASSIGNED TO IT RELATING TO THE IDAHO  EDUCATION
  5        NETWORK; AND AMENDING CHAPTER 57, TITLE 67, IDAHO CODE, BY THE ADDITION OF
  6        A  NEW  SECTION  67-5745D, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS, TO
  7        DEFINE "IDAHO EDUCATION NETWORK  (IEN),"  TO  PROVIDE  FOR  ADMINISTRATIVE
  8        OVERSIGHT  OF THE IDAHO EDUCATION NETWORK BY THE DEPARTMENT OF ADMINISTRA-
  9        TION, TO SPECIFY DUTIES OF  THE  DEPARTMENT  OF  ADMINISTRATION  INCLUDING
 10        IMPLEMENTATION  OF  THE  GOALS AND PLAN OF THE IDAHO EDUCATION NETWORK, TO
 11        SPECIFY DUTIES OF THE STATE DEPARTMENT OF EDUCATION, TO PROVIDE  FOR  MAN-
 12        AGEMENT  OF  SITE  OPERATIONS, TO PROVIDE FOR ANNUAL APPROPRIATIONS TO THE
 13        DEPARTMENT OF ADMINISTRATION FOR OPERATION OF THE IDAHO EDUCATION  NETWORK
 14        AND TO CREATE THE IDAHO EDUCATION NETWORK FUND.

 15    Be It Enacted by the Legislature of the State of Idaho:

 16        SECTION 1.  LEGISLATIVE FINDINGS. The Legislature finds that:
 17        (1)  High-bandwidth  connectivity  is  an essential component of education
 18    infrastructure in the 21st century;
 19        (2)  Idaho is behind in the use of high-bandwidth connectivity  and  tech-
 20    nology to deliver educational opportunities to students and teachers;
 21        (3)  High-bandwidth  connectivity  and  technology can enable advanced and
 22    specialized courses to be shared within or among school  districts  and  allow
 23    students access to concurrent enrollment offered by higher education; and
 24        (4)  A  common  high-bandwidth  connectivity  and technology platform will
 25    enable scarce educational resources to be shared throughout the state.

 26        SECTION 2.  That Section 33-125, Idaho Code, be, and the  same  is  hereby
 27    amended to read as follows:

 28        33-125.  STATE  DEPARTMENT  OF  EDUCATION  -- CREATION -- DUTIES. There is
 29    hereby established as an executive agency of the state board  of  education  a
 30    department  known as the state department of education. The state superintend-
 31    ent shall serve as the executive officer of such department and shall have the
 32    responsibility for carrying out policies, procedures and duties authorized  by
 33    law or established by the state board of education for all elementary and sec-
 34    ondary  school  matters, and to administer grants for the promotion of science
 35    education as provided in sections 33-128 and 33-129, Idaho Code.  The  depart-
 36    ment shall perform the duties assigned to it as specified in section 67-5745D,
 37    Idaho Code, relating to the Idaho education network.

 38        SECTION  3.  That  Chapter  57,  Title 67, Idaho Code, be, and the same is
 39    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 40    ignated as Section 67-5745D, Idaho Code, and to read as follows:

                                       2

  1        67-5745D.  IDAHO EDUCATION NETWORK. (1) The legislature finds that:
  2        (a)  Idaho does not have a statewide coordinated and funded high-bandwidth
  3        education network;
  4        (b)  Such  a network will enable required and advanced courses, concurrent
  5        enrollment and teacher training to  be  deliverable  to  all  public  high
  6        schools through an efficiently-managed statewide infrastructure; and
  7        (c)  Aggregating and leveraging demand at the statewide level will provide
  8        overall benefits and efficiencies in the procurement of telecommunications
  9        services,  including  high-bandwidth  connectivity,  internet access, pur-
 10        chases of equipment, federal subsidy program expertise and  other  related
 11        services.
 12        (2)  As  used  in  this section, "Idaho Education Network (IEN)" means the
 13    coordinated, statewide telecommunications  distribution  system  for  distance
 14    learning  for  each  public school, including two-way interactive video, data,
 15    internet access and other telecommunications services for  providing  distance
 16    learning.  The  term  also  includes connections to each institution of higher
 17    education and other locations as necessary to facilitate  distance  education,
 18    teacher training and other related services.
 19        (3)  The  department  of administration shall provide administrative over-
 20    sight for IEN.
 21        (4)  In performing the duties under this section, the department of admin-
 22    istration shall consider the following goals to ensure that:
 23        (a)  Idaho will utilize technology to facilitate comparable access to edu-
 24        cational opportunities for all students;
 25        (b)  Idaho will be a leader in the use of technology to  deliver  advanced
 26        high  school  curricula,  concurrent  college  credit, and ongoing teacher
 27        training on an equitable basis throughout the state; and
 28        (c)  Idaho will leverage its statewide purchasing power  for  the  IEN  to
 29        promote  private  sector  investment  in telecommunications infrastructure
 30        that will benefit other  technology  applications  such  as  telemedicine,
 31        telecommuting, telegovernment and economic development.
 32        (5)  In  performing  the  duties under this section, subject to the avail-
 33    ability of funds, the department of administration shall:
 34        (a)  Coordinate the  development,  outsourcing  and  implementation  of  a
 35        statewide  network  for  education,  which  shall  include  high-bandwidth
 36        connectivity, two-way interactive video and internet access, using primar-
 37        ily fiber optic and other high-bandwidth transmission media;
 38        (b)  Consider  statewide  economic  development  impacts in the design and
 39        implementation of the educational telecommunications infrastructure;
 40        (c)  Coordinate and support the telecommunications needs, other than basic
 41        voice communications of public education;
 42        (d)  Procure high-quality, cost-effective internet access and  appropriate
 43        interface equipment to public education facilities;
 44        (e)  Procure telecommunications services and equipment on behalf of public
 45        education;
 46        (f)  Procure  and  implement  technology and equipment for the delivery of
 47        distance learning;
 48        (g)  In conjunction with the state  department  of  education,  apply  for
 49        state and federal funding for technology on behalf of IEN services;
 50        (h)  Procure telecommunications services and equipment for the IEN through
 51        an open and competitive bidding process;
 52        (i)  Work  with the private sector to deliver high-quality, cost-effective
 53        services statewide; and
 54        (j)  Cooperate with state and local governmental and educational  entities
 55        and  provide  leadership  and consulting for telecommunications for educa-

                                       3

  1        tion.
  2        (6)  The department of administration shall follow an implementation  plan
  3    that:
  4        (a)  In  the  first  phase,  will  connect  each public high school with a
  5        scalable, high-bandwidth connection, including connections to each  insti-
  6        tution  of higher education as necessary, thereby allowing any location on
  7        IEN to share educational resources with any other location;
  8        (b)  Upon completion of the first phase, shall provide  that  each  public
  9        high  school  will  be  served  with high-bandwidth connectivity, internet
 10        access and equipment in at least one (1) two-way interactive video  class-
 11        room; and
 12        (c)  In  subsequent  phases, will evaluate and make recommendations to the
 13        legislature for:
 14             (i)   Connectivity to each elementary and middle school;
 15             (ii)  The addition of libraries to the IEN; and
 16             (iii) The migration of state agency locations from current technology
 17             and services.
 18        (7)  Under the direction of the state superintendent  of  public  instruc-
 19    tion, the state department of education shall:
 20        (a)  Coordinate  with the state board of education and school districts to
 21        distribute telecourses, teleconferences and other instructional and train-
 22        ing services to and between public schools;
 23        (b)  Coordinate with the state board  of  education  and  institutions  of
 24        higher education to distribute college credit telecourses, teleconferences
 25        and other instructional and training services;
 26        (c)  Act  as  a clearinghouse for the materials, courses, publications and
 27        other applicable information related to the requirements of this  section;
 28        and
 29        (d)  Coordinate  all  e-rate  funding applications for Idaho's school dis-
 30        tricts and implement e-rate funds, through the department  of  administra-
 31        tion, for related services provided under the purview of the IEN.
 32        (8)  Educational  institutions  served by the IEN shall manage site opera-
 33    tions under policy established by the department of administration.
 34        (9)  Subject to budget constraints in fiscal year 2010 and in each  fiscal
 35    year  thereafter, the legislature shall provide an annual appropriation to the
 36    department of administration to operate the Idaho education network.
 37        (10) Idaho education network fund. There is hereby created  in  the  state
 38    treasury the Idaho education network fund. Moneys in the fund shall consist of
 39    funds received from state appropriations, grants, federal moneys, donations or
 40    funds  from  any other source. Moneys in the fund may be expended, pursuant to
 41    appropriation, for implementation and ongoing costs  of  the  Idaho  education
 42    network.  The treasurer shall invest all idle moneys in the fund. Any interest
 43    earned on the investment of idle moneys shall be returned to the fund.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by        Nonini

                                                     Seconded by Shirley


                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 543

  1                               AMENDMENTS TO SECTION 3
  2        On page 3 of the printed bill, in line  34,  following  "(9)"  delete  the
  3    remainder of the line, delete lines 35 and 36, and in line 37, delete "(10)".

  4                                 CORRECTION TO TITLE
  5        On  page 1, in line 12, following "OPERATIONS" delete the remainder of the
  6    line, and delete line 13.

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                               HOUSE BILL NO. 543, As Amended

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE IDAHO EDUCATION NETWORK; STATING LEGISLATIVE FINDINGS;  AMEND-
  3        ING  SECTION 33-125, IDAHO CODE, TO REQUIRE THE STATE DEPARTMENT OF EDUCA-
  4        TION TO PERFORM THE DUTIES ASSIGNED TO IT RELATING TO THE IDAHO  EDUCATION
  5        NETWORK; AND AMENDING CHAPTER 57, TITLE 67, IDAHO CODE, BY THE ADDITION OF
  6        A  NEW  SECTION  67-5745D, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS, TO
  7        DEFINE "IDAHO EDUCATION NETWORK  (IEN),"  TO  PROVIDE  FOR  ADMINISTRATIVE
  8        OVERSIGHT  OF THE IDAHO EDUCATION NETWORK BY THE DEPARTMENT OF ADMINISTRA-
  9        TION, TO SPECIFY DUTIES OF  THE  DEPARTMENT  OF  ADMINISTRATION  INCLUDING
 10        IMPLEMENTATION  OF  THE  GOALS AND PLAN OF THE IDAHO EDUCATION NETWORK, TO
 11        SPECIFY DUTIES OF THE STATE DEPARTMENT OF EDUCATION, TO PROVIDE  FOR  MAN-
 12        AGEMENT OF SITE OPERATIONS AND TO CREATE THE IDAHO EDUCATION NETWORK FUND.

 13    Be It Enacted by the Legislature of the State of Idaho:

 14        SECTION 1.  LEGISLATIVE FINDINGS. The Legislature finds that:
 15        (1)  High-bandwidth  connectivity  is  an essential component of education
 16    infrastructure in the 21st century;
 17        (2)  Idaho is behind in the use of high-bandwidth connectivity  and  tech-
 18    nology to deliver educational opportunities to students and teachers;
 19        (3)  High-bandwidth  connectivity  and  technology can enable advanced and
 20    specialized courses to be shared within or among school  districts  and  allow
 21    students access to concurrent enrollment offered by higher education; and
 22        (4)  A  common  high-bandwidth  connectivity  and technology platform will
 23    enable scarce educational resources to be shared throughout the state.

 24        SECTION 2.  That Section 33-125, Idaho Code, be, and the  same  is  hereby
 25    amended to read as follows:

 26        33-125.  STATE  DEPARTMENT  OF  EDUCATION  -- CREATION -- DUTIES. There is
 27    hereby established as an executive agency of the state board  of  education  a
 28    department  known as the state department of education. The state superintend-
 29    ent shall serve as the executive officer of such department and shall have the
 30    responsibility for carrying out policies, procedures and duties authorized  by
 31    law or established by the state board of education for all elementary and sec-
 32    ondary  school  matters, and to administer grants for the promotion of science
 33    education as provided in sections 33-128 and 33-129, Idaho Code.  The  depart-
 34    ment shall perform the duties assigned to it as specified in section 67-5745D,
 35    Idaho Code, relating to the Idaho education network.

 36        SECTION  3.  That  Chapter  57,  Title 67, Idaho Code, be, and the same is
 37    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 38    ignated as Section 67-5745D, Idaho Code, and to read as follows:

 39        67-5745D.  IDAHO EDUCATION NETWORK. (1) The legislature finds that:
 40        (a)  Idaho does not have a statewide coordinated and funded high-bandwidth

                                       2

  1        education network;
  2        (b)  Such  a network will enable required and advanced courses, concurrent
  3        enrollment and teacher training to  be  deliverable  to  all  public  high
  4        schools through an efficiently-managed statewide infrastructure; and
  5        (c)  Aggregating and leveraging demand at the statewide level will provide
  6        overall benefits and efficiencies in the procurement of telecommunications
  7        services,  including  high-bandwidth  connectivity,  internet access, pur-
  8        chases of equipment, federal subsidy program expertise and  other  related
  9        services.
 10        (2)  As  used  in  this section, "Idaho Education Network (IEN)" means the
 11    coordinated, statewide telecommunications  distribution  system  for  distance
 12    learning  for  each  public school, including two-way interactive video, data,
 13    internet access and other telecommunications services for  providing  distance
 14    learning.  The  term  also  includes connections to each institution of higher
 15    education and other locations as necessary to facilitate  distance  education,
 16    teacher training and other related services.
 17        (3)  The  department  of administration shall provide administrative over-
 18    sight for IEN.
 19        (4)  In performing the duties under this section, the department of admin-
 20    istration shall consider the following goals to ensure that:
 21        (a)  Idaho will utilize technology to facilitate comparable access to edu-
 22        cational opportunities for all students;
 23        (b)  Idaho will be a leader in the use of technology to  deliver  advanced
 24        high  school  curricula,  concurrent  college  credit, and ongoing teacher
 25        training on an equitable basis throughout the state; and
 26        (c)  Idaho will leverage its statewide purchasing power  for  the  IEN  to
 27        promote  private  sector  investment  in telecommunications infrastructure
 28        that will benefit other  technology  applications  such  as  telemedicine,
 29        telecommuting, telegovernment and economic development.
 30        (5)  In  performing  the  duties under this section, subject to the avail-
 31    ability of funds, the department of administration shall:
 32        (a)  Coordinate the  development,  outsourcing  and  implementation  of  a
 33        statewide  network  for  education,  which  shall  include  high-bandwidth
 34        connectivity, two-way interactive video and internet access, using primar-
 35        ily fiber optic and other high-bandwidth transmission media;
 36        (b)  Consider  statewide  economic  development  impacts in the design and
 37        implementation of the educational telecommunications infrastructure;
 38        (c)  Coordinate and support the telecommunications needs, other than basic
 39        voice communications of public education;
 40        (d)  Procure high-quality, cost-effective internet access and  appropriate
 41        interface equipment to public education facilities;
 42        (e)  Procure telecommunications services and equipment on behalf of public
 43        education;
 44        (f)  Procure  and  implement  technology and equipment for the delivery of
 45        distance learning;
 46        (g)  In conjunction with the state  department  of  education,  apply  for
 47        state and federal funding for technology on behalf of IEN services;
 48        (h)  Procure telecommunications services and equipment for the IEN through
 49        an open and competitive bidding process;
 50        (i)  Work  with the private sector to deliver high-quality, cost-effective
 51        services statewide; and
 52        (j)  Cooperate with state and local governmental and educational  entities
 53        and  provide  leadership  and consulting for telecommunications for educa-
 54        tion.
 55        (6)  The department of administration shall follow an implementation  plan

                                       3

  1    that:
  2        (a)  In  the  first  phase,  will  connect  each public high school with a
  3        scalable, high-bandwidth connection, including connections to each  insti-
  4        tution  of higher education as necessary, thereby allowing any location on
  5        IEN to share educational resources with any other location;
  6        (b)  Upon completion of the first phase, shall provide  that  each  public
  7        high  school  will  be  served  with high-bandwidth connectivity, internet
  8        access and equipment in at least one (1) two-way interactive video  class-
  9        room; and
 10        (c)  In  subsequent  phases, will evaluate and make recommendations to the
 11        legislature for:
 12             (i)   Connectivity to each elementary and middle school;
 13             (ii)  The addition of libraries to the IEN; and
 14             (iii) The migration of state agency locations from current technology
 15             and services.
 16        (7)  Under the direction of the state superintendent  of  public  instruc-
 17    tion, the state department of education shall:
 18        (a)  Coordinate  with the state board of education and school districts to
 19        distribute telecourses, teleconferences and other instructional and train-
 20        ing services to and between public schools;
 21        (b)  Coordinate with the state board  of  education  and  institutions  of
 22        higher education to distribute college credit telecourses, teleconferences
 23        and other instructional and training services;
 24        (c)  Act  as  a clearinghouse for the materials, courses, publications and
 25        other applicable information related to the requirements of this  section;
 26        and
 27        (d)  Coordinate  all  e-rate  funding applications for Idaho's school dis-
 28        tricts and implement e-rate funds, through the department  of  administra-
 29        tion, for related services provided under the purview of the IEN.
 30        (8)  Educational  institutions  served by the IEN shall manage site opera-
 31    tions under policy established by the department of administration.
 32        (9)  Idaho education network fund. There is hereby created  in  the  state
 33    treasury the Idaho education network fund. Moneys in the fund shall consist of
 34    funds received from state appropriations, grants, federal moneys, donations or
 35    funds  from  any other source. Moneys in the fund may be expended, pursuant to
 36    appropriation, for implementation and ongoing costs  of  the  Idaho  education
 37    network.  The treasurer shall invest all idle moneys in the fund. Any interest
 38    earned on the investment of idle moneys shall be returned to the fund.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                            RS 17910C1

The purpose of this legislation is to enable the Department of
Administration to start the process of implementing a statewide
education network. This legislation would also create a place for
funds when available for the continued development of the Idaho
Education Network.

                                 
                          FISCAL NOTE

No impact on the General Fund.




Contact
Name: Rep. Bob Nonini    Rep. Wills          Sen. Goedde
Phone: (208) 332-1000    Rep. Snodgrass      Sen. Cameron
Rep. Bell                Rep. Rusche         Sen. Jorgenson
Rep. Anderson            Rep. Ruchti         Sen. Keough
Rep. Henderson           Rep. Sayler         Sen. Richardson
Rep. Bedke               Rep. Bock           Sen. Hammond
Rep. Bolz                Rep. Smith(30)      Sen Langhorst  
Rep. Bradford            Rep. Durst
Rep. Eskridge  
Rep. Shirley
Rep. Nielsen                       
Tom Luna, Superintendent of Public Instruction
Mike Gwartney, Director, Department of Administration



STATEMENT OF PURPOSE/FISCAL NOTE                        H 543   



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