By: Eissler, Branch, Hochberg, Harless, H.B. No. 1632 Cook of Navarro, et al. A BILL TO BE ENTITLED AN ACT relating to the use of technology by public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 32, Education Code, is amended by adding Section 32.007 to read as follows: Sec. 32.007. AGREEMENT WITH PUBLIC BROADCASTING STATION. (a) The commissioner may enter into an agreement with a public broadcasting station, or a consortium of public broadcasting stations, under which the station or consortium will provide online instructional content and educational materials. (b) From funds appropriated to the agency, the commissioner may, under an agreement entered into under Subsection (a), make instructional materials available through public broadcasting stations for purposes of instruction and professional development and for use in providing adult education. (c) An agreement entered into under Subsection (a) must, to the extent practicable, provide access to instructional materials and online content to persons located in all parts of this state. (d) For purposes of providing high-quality online instructional materials under this section, the commissioner may: Page - 1 - (1) use federal funds that may be H.B. No. 1632 used for those purposes; or (2) use unexpended balances of funds appropriated to the agency for educational purposes, including adult education. SECTION 2. Sections 32.151 and 32.152, Education Code, as added by Chapter 834, Acts of the 78th Legislature, Regular Session, 2003, are amended to read as follows: Sec. 32.151. ESTABLISHMENT OF PILOT PROJECT. The agency may by rule establish the technology immersion pilot project [to provide a wireless mobile computing device to each student] in [a] participating schools [school 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. The [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 computer equipment and other technologies; (3) purchase and distribute computer equipment and other technologies in a manner that provides different technologies to different participating campuses; Page -2 - (4) H.B. No. 1632 enter into contracts as necessary to implement the pilot project; (5) monitor local pilot project implementation; and (6) conduct a final evaluation of the pilot project, including an evaluation of the different technologies distributed under Subdivision (3). SECTION 3. Sections 32.153(a) and (c), Education Code, as added by Chapter 834, Acts of the 78th Legislature, Regular Session, 2003, are amended to read as follows: (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. (c) The agency shall use pilot project funds for: (1) the purchase of wireless mobile computing devices so that each student in a participating classroom has a wireless mobile computing device for use at school and at home; (2) the purchase of interactive whole group learning and assessment tools for each participating classroom; (3) the purchase of other additional computer hardware and software; Page -3 - equipment, including H.B. No. 1632 the hiring of technical support staff for (4) [(3)] school districts or schools participating in the pilot project; [and] (5) [(4)] the purchase of technology-based learning materials and resources; and (6) to permit making comparisons under Section 32.155(e), the provision to schools that are not participating in the pilot project of additional learning materials and resources that are not technology-based. SECTION 4. The heading to Section 32.154, Education Code, as added by Chapter 834, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: Sec. 32.154. SECTION 5. [DISTRICT OR] SCHOOL SELECTION. Section 32.154, Education Code, as added by Chapter 834, Acts of the 78th Legislature, Regular Session, 2003, is amended by adding Subsection (a-1) and amending Subsection (b) to read as follows: (a-1) In addition to school districts and schools selected before September 1, 2007, for participation in the technology immersion pilot project, the agency shall select for participation in the pilot project for the 2007-2008 and subsequent school years one middle or junior high school and one high school in each state senatorial district. (b) The agency shall select the participating [districts and] schools for the pilot project based on each [district's or] Page -4 - school's need for the pilot project. H.B. No. 1632 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 electronic textbooks or technological equipment that contributes to student learning [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 electronic textbooks or technological equipment that contributes to student learning [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) (3) the high dropout rates; [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). Page -5 - SECTION 6. Section 32.155, Education Code, H.B. No. 1632 as added by Chapter 834, Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subsection (e) and adding Subsection (f) to read as follows: (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 and subject to Subsection (f), 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; Page -6 - (5) H.B. No. 1632 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. (f) From funds available for use under the pilot project, the commissioner shall make grants to schools that are not participating in the pilot project to enable those districts and schools to: (1) obtain additional learning materials and resources, other than technology-based learning materials and resources, or employ additional educational personnel; and (2) serve as the standards for comparison with schools participating in the pilot project. SECTION 7. Sections 32.154(a) and (c), Education Code, as added by Chapter 834, Acts of the 78th Legislature, Regular Session, 2003, are repealed. Page -7 - SECTION 8. H.B. No. 1632 This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007. Page -8 -