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S.B. 70

             1     

COMPUTERS FOR PUBLIC SCHOOLS

             2     
AMENDMENTS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Howard A. Stephenson

             6      AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT THE COMPUTERS
             7      FOR PUBLIC SCHOOLS PILOT PROGRAM MAY INCLUDE A COMPONENT TO BUILD
             8      NEW COMPUTERS; PHASING OUT THE STATE APPROPRIATION; PROVIDING THAT
             9      CHARGES TO DISTRICTS FOR PURCHASING COMPUTERS UNDER THE PROGRAM
             10      REFLECT THE NEED TO KEEP THE PROGRAM ECONOMICALLY VIABLE AS THE
             11      STATE APPROPRIATION IS BEING PHASED OUT; MODIFYING THE
             12      DECISION-MAKING PROCESS; PROVIDING FOR A DISTRIBUTION PROCESS; AND
             13      MAKING CERTAIN TECHNICAL CHANGES.
             14      This act affects sections of Utah Code Annotated 1953 as follows:
             15      AMENDS:
             16          53A-1-707, as enacted by Chapter 228, Laws of Utah 1998
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 53A-1-707 is amended to read:
             19           53A-1-707. Pilot program for acquisition of computers -- Appropriation --
             20      Administration of program -- Training and refurbishing facility -- Security procedures.
             21          (1) (a) In order to enhance the educational technology initiative programs authorized under
             22      this chapter, there is established a pilot program for the acquisition and refurbishing of donated
             23      computers to be used in the state's public schools.
             24          (b) If economically feasible, the program may also include a component for the building
             25      of new computers.
             26          [(b)] (c) (i) The Legislature shall provide an appropriation in Title 53A, Chapter 17a,
             27      Minimum School Program Act, for the pilot program to the State Board of Education for the


             28      purpose of [acquiring repaired, refurbished, or upgraded donated computers for use in the state's
             29      public schools] funding the program.
             30          (ii) [The] A representative from the board [may use the] and the Department of
             31      Corrections and the governor's designee shall establish guidelines for distribution of the
             32      appropriation [to purchase parts and supplies required to repair, refurbish, or upgrade the donated
             33      computers].
             34          (iii) The appropriation made under Subsection (1)(c)(i) shall be phased out over the second
             35      and third year of the pilot program so that by the end of the third year the program shall be
             36      economically self-sufficient.
             37          [(c)] (d) (i) This pilot program is established to supplement and not supplant the
             38      technology programs authorized and funded pursuant to Sections 53A-1-701 and 53A-1-702 .
             39          (ii) In order for a school district to participate in the pilot program, it must first
             40      demonstrate to the satisfaction of the board a sustained effort to meet its existing technology needs
             41      by providing related support and training.
             42          (2) (a) The State Board of Education and the Department of Corrections shall administer
             43      the program as provided under this section.
             44          (b) The board and department may contract or work with nonprofit organizations to
             45      coordinate the overall program, particularly in the areas of obtaining donated computers and
             46      publicizing the program.
             47          (c) [Representatives from the board and department] The individuals designated in
             48      Subsection (1)(c)(ii) shall jointly establish policies for the program, to include:
             49          (i) the selection of schools to receive computers[, which schools would pay to the Utah
             50      Correctional Industries $100 per computer to cover the costs incurred under Subsection (4)(c)(ii)];
             51          (ii) standards for computers, including warrantees; [and]
             52          (iii) the solicitation of donated computers from the private sector[.]; and
             53          (iv) the equitable distribution of computers to school districts participating in the program.
             54          (d) [If the number of computers requested exceeds the number of computers available
             55      under the program, then the board's determination as to which applicants are given priority shall
             56      be based on a school district's efforts to secure computers in the previous fiscal year as compared
             57      to all other school districts] Charges for computers to school districts shall reflect the need to keep
             58      the program economically viable, taking into account the phase out requirement under Subsection


             59      (1)(c)(iii).
             60          (3) (a) The State Board of Education, through the State Superintendent of Public
             61      Instruction, shall conduct a survey of computer needs in the state's 40 school districts.
             62          (b) The state superintendent shall complete the survey by July 15[, 1998] of each year.
             63          (4) (a) In conjunction with the survey, the State Board of Education, in collaboration with
             64      the Department of Corrections, shall establish an applied technology training and recycling
             65      program to provide inmates with skills to build and refurbish computers in order to increase the
             66      number of quality computers in the state's public schools.
             67          (b) The [training and recycling] program shall take place at a state correctional facility
             68      designated by the Department of Corrections.
             69          (c) (i) As part of the program, the Utah Correctional Industries shall establish a computer
             70      [refurbishing] facility in industrial space made available at the designated correctional facility.
             71          (ii) The Utah Correctional Industries is responsible for pickup and delivery of the
             72      computers and staffing of the [refurbishing] facility.
             73          (d) An applied technology center or correctional educational program shall supply an
             74      electronics and computer repair curriculum for the program at the correctional facility.
             75          (5) To ensure that inmates at the designated correctional facility do not have unauthorized
             76      access to the hardware and software components of the program, the Department of Corrections
             77      and the Utah Correctional Industries shall establish appropriate security policies and procedures.
             78          (6) The State Board of Education and Department of Corrections shall closely monitor the
             79      pilot program and present [a] an annual progress report to the Education Interim Committee [prior
             80      to the 1999 General Session, together with recommendations for continuance, expansion, or
             81      termination of the program].




Legislative Review Note
    as of 11-19-98 12:54 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel



Committee Note

The Education Interim Committee recommended this bill.


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