As Amended by Senate Committee

         
As Amended by House Committee
         
Session of 2000
         
Substitute for HOUSE BILL No. 2591
         
By Committee on Education
         
3-8
         

11             AN  ACT establishing the state education technology network.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) There is established the state education technology
15       network hereinafter referred to as KAN-ED. KAN-ED shall provide In-
16       ternet connectivity and promote technology integration The purpose of
17       KAN-ED shall be to provide implement internet connectivity with
18       a minimum speed of 128 kilobits per second, distance learning
19       capability and integration of technology into curriculum for school
20       districts, school district interlocal cooperatives, school district coopera-
21       tives, nonpublic schools accredited by the state board of education
22       and public libraries in this state. KAN-ED shall be part of the multi-
23       service, high speed backbone network provided for by the division of
24       information systems and communications under the supervision of the
25       secretary of administration.
26        (b) KAN-ED shall not provide two-way, voice grade commu-
27       nications except as an integral component of a distance learning
28       activity. School districts, school district interlocal cooperatives,
29       school district cooperatives, nonpublic schools accredited by the
30       state board of education and public libraries in this state shall not
31       use KAN-ED to provide internet access to other persons.
32             (c) KAN-ED shall not be limited to technology existing on the
33       effective date of this act and may interconnect or reconfigure as
34       required to facilitate the use of future technology for intercon-
35       nectivity with KAN-ED technology.
36             (d) Nothing in this section shall be construed to prevent serv-
37       ices described in subsection (a) from being provided by any pro-
38       vider using a network other than KAN-ED.
39        (e) The provisions of this section shall take effect and be in force
40       from and after July 1, 2001.
41             Sec.  2. (a) The commissioner of education or the commissioner's
42       designee and the state librarian or the state librarian's designee, after


2

  1       consultation with the chief executive officer of the state board of regents
  2       or the chief executive officer's designee, shall prepare an information
  3       technology project plan for KAN-ED and jointly shall submit the plan to
  4       the executive chief information technology officer as provided in K.S.A.
  5       1999 Supp. 75-7209, and amendments thereto, for preparation and sub-
  6       mission of information technology project plans by executive agencies.
  7             (b) The information technology project plan prepared and submitted
  8       pursuant to this section shall be subject to all provisions of K.S.A. 1999
  9       Supp. 75-7201 et seq., and amendments thereto, that are applicable to
10       information technology project plans prepared and submitted by execu-
11       tive agencies.
12        (c) The information technology project plan for KAN-ED shall
13       not provide for: (1) Impairment of any existing contract for the
14       provision of telecommunications service to any school district,
15       school district interlocal cooperative, school district cooperative,
16       nonpublic schools accredited by the state board of education or
17       public library; (2) state ownership or construction of any network
18       circuits or network facilities other than those owned by the state
19       on the effective date of this act; or (3) use of KAN-ED for purposes
20       inconsistent with the purpose provided by section 1, and amend-
21       ments thereto.
22        (d) The provisions of this section shall take effect and be in force
23       from and after July 1, 2001.
24             Sec.  3. (a) There is established the KAN-ED school fund in the state
25       treasury. The KAN-ED school fund shall be administered by the state
26       board of education. All moneys credited to the KAN-ED school fund
27       shall be used for objectives of the information technology project de-
28       scribed in the plan submitted to the executive chief information technol-
29       ogy officer in accordance with the provisions of subsection (a) of section
30       2, and amendments thereto, and approved by the executive chief infor-
31       mation technology officer pursuant to subsection (b)(1) of K.S.A. 1999
32       Supp. 75-7209, and amendments thereto.
33             (b) The KAN-ED school fund shall consist of: (1) Moneys transferred
34       or credited to such fund by or pursuant to acts of the legislature; and (2)
35       grants, gifts and donations of moneys received by the state board of ed-
36       ucation from any public or private entity for use in effectuating the pur-
37       poses of KAN-ED or any other purposes for which expenditures may be
38       made from such fund. All such grants, gifts and donations shall be de-
39       posited in the state treasury to the credit of the KAN-ED school fund.
40             (c) All expenditures from the KAN-ED school fund shall be made in
41       accordance with the provisions of this act and the provisions of appro-
42       priations acts upon warrants of the director of accounts and reports issued
43       pursuant to vouchers approved by the commissioner of education or by


3

  1       the commissioner's designee.
  2        (d) The provisions of this section shall take effect and be in force
  3       from and after July 1, 2001.
  4             Sec.  4. (a) There is established the KAN-ED library fund in the state
  5       treasury. The KAN-ED library fund shall be administered by the state
  6       librarian. All moneys credited to the KAN-ED library fund shall be used
  7       for objectives of the information technology project described in the plan
  8       submitted to the executive chief information technology officer in ac-
  9       cordance with the provisions of subsection (a) of section 2, and amend-
10       ments thereto, and approved by the executive chief information technol-
11       ogy officer pursuant to subsection (b)(1) of K.S.A. 1999 Supp. 75-7209,
12       and amendments thereto.
13             (b) The KAN-ED library fund shall consist of: (1) Moneys transferred
14       or credited to such fund by or pursuant to acts of the legislature; and (2)
15       grants, gifts and donations of moneys received by the state library from
16       any public or private entity for use in effectuating the purposes of KAN-
17       ED or any other purposes for which expenditures may be made from
18       such fund. All such grants, gifts and donations shall be deposited in the
19       state treasury to the credit of the KAN-ED library fund.
20             (c) All expenditures from the KAN-ED library fund shall be made in
21       accordance with the provisions of this act and provisions of appropriations
22       acts upon warrants of the director of accounts and reports issued pursuant
23       to vouchers approved by the state librarian or by the state librarian's
24       designee.
25        (d) The provisions of this section shall take effect and be in force
26       from and after July 1, 2001.
27             Sec.  5. (a) All contracts for KAN-ED telecommunications services
28       for school districts, school district interlocal cooperatives, school district
29       cooperatives, nonpublic schools accredited by the state board of ed-
30       ucation and public libraries shall be entered into pursuant to the provi-
31       sions of K.S.A. 75-4701 et seq., and amendments thereto, that are appli-
32       cable to such contracts. Existing telecommunications facilities may
33       be used in by KAN-ED if such facilities are sufficient for the pur-
34       pose provided by section 1, and amendments thereto.
35        (b) The provisions of this section shall take effect and be in force
36       from and after July 1, 2001.
37             Sec.  6. (a) On or before January 15 of each year, commencing
38       in 2002, the executive chief information technology officer shall
39       prepare and submit a report to the house and senate standing com-
40       mittees on utilities and the house and senate standing committees
41       on education. Such report shall include a summary of the plan and
42       its implementation and a report of moneys received and expended
43       for KAN-ED.


4

  1        (b) The provisions of this section shall take effect and be in force
  2       from and after July 1, 2001.
  3             Sec.  7. (a) For purposes of KAN-ED, school districts, school
  4       district interlocal cooperatives, school district cooperatives, non-
  5       public schools accredited by the state board of education and pub-
  6       lic libraries shall establish policies regarding acceptable use of in-
  7       ternet access and filtering of content accessible through the
  8       internet.
  9        (b) The provisions of this section shall take effect and be in force
10       from and after July 1, 2001.
11             Sec.  8. (a) The Kansas technology enterprise corporation may
12       establish one or more nonprofit organizations to which are exempt
13       from federal income taxation under section 501 (c)(3) of the fed-
14       eral internal revenue code to accept grants, gifts or donations of
15       moneys for use in effectuating the purposes of KAN-ED.
16        (b) The provisions of this section shall take effect and be in force
17       from and after July 1, 2001.
18        Sec.  6. 9. This act shall take effect and be in force from and after its
19       publication in the statute book.