TITLE 33

EDUCATION

CHAPTER 56

EDUCATION OPPORTUNITY RESOURCE ACT

33-5604.  education opportunity resource committee — Powers and Duties. In carrying out its powers and duties set forth in this section, the education opportunity resource committee shall focus on the broadband, wireless LAN and related services needs of all E-rate eligible entities. At a minimum, the committee shall:

(1)  Make budget and policy recommendations to the office of the state board of education regarding:

(a)  Broadband parameters;

(b)  Wireless LAN parameters;

(c)  Incentives for E-rate eligible entities to obtain the most appropriate service that best fits such entities’ broadband needs and that is fiscally responsible;

(d)  Incentives for districts to obtain the most appropriate service that best fits their wireless LAN needs and that is fiscally responsible; and

(e)  The minimum and maximum service levels, the quality of services, and the minimum per-student or per-person internet and wireless LAN levels that contracts must adhere to for E-rate eligible entities to be eligible for state reimbursement.

(2)  Establish reimbursement methodology that includes, but is not necessarily limited to, the following components:

(a)  Distribution of appropriated moneys to E-rate eligible entities that have received E-rate funding. Distribution of such moneys must be in an amount equal to the non-E-rate reimbursed cost of internet services;

(b)  If E-rate funding is not available to an E-rate eligible entity for any reason, other than a failure of the entity to apply in good faith for available E-rate funding, reimbursement to the entity for its internet service costs;

(c)  Distribution of appropriated moneys remaining, after internet services are fully funded, for wide area networks (WANs). If necessary, the committee shall create an equalization formula for WAN distributions; and

(d)  Distribution of appropriated moneys for related services, including but not limited to wireless LAN service, to districts that either have received E-rate funding or have applied in good faith for E-rate funding.

(3)  Compile and analyze broadband utilization statistics from E-rate eligible entities to determine the levels of internet services necessary for such entities and report the statistics to the office of the state board of education. E-rate eligible entities shall cooperate with the committee in carrying out its duty to compile and analyze such information;

(4)  Advise and recommend resources to assist the office of the state board of education in carrying out its responsibility to provide E-rate application assistance and support to districts;

(5)  Not provide legal advice;

(6)  Collaborate with other relevant governmental and nongovernmental entities to ensure best practices in broadband and wireless LAN are used and to recommend the terms of contracts for broadband, wireless LAN and related services; and

(7)  Ensure compliance with appropriate purchasing laws.

History:

[33-5604, added 2016, ch. 182, sec. 3, p. 493; am. 2017, ch. 141, sec. 2, p. 335; am. 2023, ch. 36, sec. 2, p. 171.]