HB46 Alabama 2015 Session

Under existing law, the Alabama Ahead Act authorizes the Alabama Public School and College Authority to sell and issue up to $100,000,000 in bonds to fund the purchase of digital textbooks for public high school students, with implementation of the act contingent upon separate legislative enactment

This bill would amend the Alabama Ahead Act to provide that the bonds be used to purchase and install, as a first priority, a high quality standards-based broadband Wi-Fi infrastructure in every classroom in every public school; and use remaining funds to purchase mobile digital computing devices to enable access to digital resources in the state in lieu of digital textbooks for public high school students

This bill would specify priorities and standards for wireless infrastructure and a cost model

This bill would provide an implementation plan consisting of a technology plan, an infrastructure readiness report, and accountability reporting

This bill would revise the membership of the advisory committee to consist only of select members of the Alabama Educational Technology Association (AETA) and select members of the Educational Technology Division of the State Department of Education

This bill would require bonds issued pursuant to the act to be issued upon approval of the State Director of Finance

This bill would also amend the contingent implementation act provided in the originating act in order to allow bonds to be issued by the Alabama Public School and College Authority

Relating to the Alabama Ahead Act; to amend Sections 16-16B-1, 16-16B-2, and 16-16B-3, Code of Alabama 1975, and to add Section 16-16B-2.1 to the Code of Alabama 1975; to provide that the bonds be used to purchase and install a high quality, standards-based, broadband Wi-Fi infrastructure and mobile digital computing devices to enable access to digital instructional materials in all public school classrooms in the state in lieu of digital textbooks for public high school students; to specify priorities and standards for wireless infrastructure and mobile digital computing devices; to provide an infrastructure cost model; to provide an implementation plan consisting of a technology plan, infrastructure readiness report, and accountability reporting; to revise the membership of the advisory committee to consist of select members of the Alabama Educational Technology Association and select members of the Educational Technology Department of the State Department of Education; to require that bonds issued pursuant to the act be issued upon approval of the State Director of Finance; and to amend Section 14 of Act 2012-560, 2012 Regular Session (Acts 2012, p. 1645), to delete the requirement that implementation of the act be contingent upon separate legislative enactment. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 16-16B-1 and 16-16B-2 of the Code of Alabama 1975, are amended to read as follows: "§16-16B-1. "(a) This chapter shall be known and may be cited as the Alabama Ahead Act. "(b) Commencing with the 2012-2013 school year, students in grades 9-12 shall be provided in electronic format to the local boards of education schools which choose to participate in Alabama Ahead, to the extent practicable and obtainable from the publisher, textbooks adopted pursuant to Article 3, commencing with Section 16-36-60, of Chapter 36 of Title 16, and other instructional materials through a phased-in process. Digital textbooks and other instructional materials provided in electronic format shall support the appropriate course or courses of study. "(c) Where feasible, each public ninth grade student and teacher will be provided in lieu of or in addition to hardbound textbooks and other instructional materials, in whole or in part, a pen-enabled: tablet, mobile computer, or other similar wireless electronic device for storing, reading, accessing, exploring, and interacting with digital textbooks and other instructional materials. Each student provided with a pen-enabled: tablet, mobile computer, or other similar wireless electronic device, and his or her parent or legal guardian, is responsible for maintaining the assigned device in good working order throughout the school year and for returning the device to the providing school at the end of the school year. "(d) The following school year, the providing school shall reassign the pen-enabled: tablet, mobile computer, or other similar wireless electronic device to the students in the tenth grade public school system while continuing to provide incoming ninth grade public school students with a pen-enabled: tablet, mobile computer, or other similar wireless electronic device. This process will be repeated in participating school systems to ensure a planned roll-over of devices and continued support. "(e) The Department of Education shall lead, implement, provide oversight, and administer this chapter and shall adopt such rules as necessary in accordance with an implementation plan. This plan shall include, but is not limited to, the following: Minimum specifications for devices; learning management system; maintenance and support requirements of the electronic devices authorized in this chapter; current readiness of participating schools' wireless networks; professional development for teachers; application process for school systems participating. "(f) On or before October 1, 2012, and prior to implementation of this section, the State Department of Education shall provide a copy of the proposed implementation plan to the Chair of the Senate Education Policy Committee and the Chair of the House of Representatives Education Policy Committee. "(g)(b)(1) The State Department of Education shall establish an advisory committee to assist in the implementation of this chapter. The membership of the committee shall include, but not be limited to, the House of Representatives and Senate sponsors of the primary legislation establishing the Alabama Ahead Act, a member of the House of Representatives as appointed by the Speaker of the House of Representatives, and a member of the Senate as appointed by the President Pro Tempore of the Senate consist of, but not be limited to, select board members of the Alabama Educational Technology Association (AETA) who have experience and knowledge in the administration and management of school networks; additional members who have experience in school networks and technology applications; and select members of the Educational Technology Department of the State Department of Education. "(h)(2) The membership of the advisory committee shall be inclusive and shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. "§16-16B-2. "(a) Wherever used in this chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise: "(1) "1965 Act" means Act No. 243 enacted at the 1965 First Special Session of the Legislature, codified as Title 16, Chapter 16. "(2) "1971 Acts" means Act No. 94 enacted at the 1971 First Special Session of the Legislature, Act No. 2428 enacted at the 1971 Regular Session of the Legislature, and Act No. 56 enacted at the 1971 Second Special Session of the Legislature. "(3) "1973 Act" means Act No. 1277 enacted at the 1973 Regular Session of the Legislature as amended by Act No. nacted at the 1975 Third Special Session of the Legislature and Act No. 1223 enacted at the 1975 Regular Session of the Legislature. "(4) "1978 Act" means Act No. 138 enacted at the 1978 Second Special Session of the Legislature, as amended by Act No. 79-41 enacted at the 1979 Special Session of the Legislature and Act No. 81-827 enacted at the 1981 Regular Session of the Legislature. "(5) "1985 Act" means Act No. 85-943 enacted at the 1985 Second Special Session of the Legislature. "(6) "1990 Act" means Act No. 90-280 enacted at the 1990 Regular Session of the Legislature. "(7) "1995 Act" means Act No. 95-752 enacted at the 1995 Regular Session of the Legislature. "(8) "1998 Act" means Act No. 98-373 enacted at the 1998 Regular Session of the Legislature. "(9) "1999 Act" means Act No. 99-348 enacted at the 1999 Regular Session of the Legislature. "(10) "2001 Act" means Act No. 2001-668 enacted at the 2001 Regular Session of the Legislature. "(11) "2002 Act" means Act No. 2002-240 enacted at the 2002 Regular Session of the Legislature. "(12) "2003 Act" means Act No. 2003-436 enacted at the 2003 Second Special Session of the Legislature. "(13) "2007 Act" means Act No. 2007-414 enacted at the 2007 Regular Session of the Legislature. "(14) "AETA" means the Alabama Educational Technology Association. "(14)(15) "Authority" means Alabama Public School and College Authority. "(15)(16) "Bonds" (except where that word is used with reference to bonds issued under another act) means those bonds, other than Refunding Bonds, issued under the provisions of this chapter. "(17) "Digital textbooks" means an interactive, multimedia electronic book books or digital resources that can be used creatively by learners. "(18) "Government securities" means any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof (which may consist of the principal thereof or the interest thereon). "(19) "Infrastructure" means the hardware and software resources that enable network connectivity, communication, operations, and management. "(19)(20) "Legislature" means the Legislature of Alabama. "(16)(21) "Computer equipment and software Mobile digital computing devices" means pen-enabled: tablets, mobile computers, or similar wireless electronic wireless mobile devices for storing, reading, accessing, exploring, and interacting with digital textbooks and other instructional resources material as well as software necessary for such equipment, learning management system, and equipment necessary to support wireless local area networks. "(20)(22) "Permitted investments" means (i) Government Securities; (ii) bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: Bank for Cooperatives; Federal Intermediate Credit Banks; Federal Financing Bank; Federal Home Loan Banks; Federal Farm Credit Bank; Export-Import Bank of the United States; Federal Land Banks; or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least "AA" by Standard & Poor's Ratings Group and at least "Aa" by Moody's Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment to both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits (including interest thereon) are fully secured by a pledge of obligations described in clauses (i), (ii), (iii), and (v) above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Ratings Group for structured financings; (vii) repurchase agreements for obligations of the type specified in clauses (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a perfected security interest in such obligations, and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Ratings Group for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least "AA" by Standard & Poor's Ratings Group and at least "Aa" by Moody's Investors Service. "(21)(23) "Refunding bonds" means those refunding bonds issued under the provisions of this chapter. "(24) "SEND" means the Smart Education Networks by Design recommendations set out by the Consortium of School Networking (CoSN) in 2014. "(22)(25) "State" means the State of Alabama. "(23)(26) "Trust fund" means the Education Trust Fund, formerly designated as the Alabama Special Educational Trust Fund, the name of which was changed to the Education Trust Fund, effective October 1, 1996, pursuant to Act No. 95-264 enacted at the 1995 Regular Session of the Legislature. "(27) "Wi-Fi" means a wireless networking technology that allows computers and other devices to communicate over a wireless signal. "(28) "WIRED" means the Wireless Infrastructure Renovation for Education plan, the approved standards-based funding model developed by AETA. "(29) "WLAN" means a wireless local area network. "(b) Nouns and pronouns when used in this chapter shall be deemed to include both singular and plural and all applicable genders." Section 2. Section 16-16B-2.1 is added to the Code of Alabama 1975, to read as follows: (a)(1) Contingent on funding, during the 2015-2016 school year, local school systems shall begin installing sufficient, high quality, standards-based, broadband Wi-Fi infrastructure and, where possible, mobile digital computing devices to enable access to digital instructional resources. (2) In order to accomplish subdivision (1), the following priorities are established: a. Wireless infrastructure: The first priority for the expenditure of Alabama Ahead Act bond funds is the establishment of a high quality, standards-based wireless local area network (WLAN) infrastructure capable of providing all teachers and students with sufficient Wi-Fi broadband access in all classrooms and common areas of schools. b. Standards: Local school systems shall use bond funds to install a wireless network or upgrade an existing wireless network to satisfy Alabama Educational Technology Association (AETA) and Smart Education Networks by Design (SEND) standards that include high quality, enterprise level networking equipment. 1. The standards for the infrastructure are: (i) Each regular classroom and gymnasium shall be equipped with high quality wireless access for 30 to 40 devices simultaneously. Each specialty classroom, that routinely serves groups of less than 20 people, may satisfy a lesser standard. (ii) Each cafeteria shall have sufficient wireless access for one-third of the then current enrollment of the school. (iii) Each administrative and noninstructional area of a school shall have coverage, however, high density coverage is not required in these areas. 2. Upgrades: Existing WLANs shall be augmented in accordance with SEND recommendations, as follows: (i) Coverage design with 802.11g: Replace and design for capacity with 802.11n and 802.11ac in both 2.4GHz and 5GHz.ii. (ii) Coverage design with 802.11n: Augment with 802.11n and 802.11ac capable access points (AP) in 2.4GHz and 5GHz.iii. (iii) Capacity design with 802.11n: Plan to augment or upgrade to 802.11ac with priority to moving classroom spaces to 802.11ac, as needed. 3. Other network technology: If the wireless networks of a local school system satisfy the standards, funds shall be spent to further enhance digital learning environments within the schools of that school system and may include technologies such as: (i) Support and warranty services. (ii) Optional hardware and software to manage or enhance the digital learning environment. 4. Network debt. Funds may be used for retiring debt for a network brought into compliance with the standards; or, for networks previously installed that satisfy the standards in this legislation. (b)(1) An amount of up to fifty million dollars ($50,000,000) shall be prioritized for completion of those items listed in subdivision (2). The goal of this project shall be a statewide completion date of 24 months from the start of the application process. Funds shall be distributed to each school system based on WIRED, the AETA approved funding model, and shall be used to meet the first priority of a high speed, standards-based WLAN. The funds provided for each system shall be based on a distribution formula developed, validated, and approved by AETA that does not dictate the architecture of any WLAN, allows funds to be used for any of the components of the WLAN, and includes, but is not limited to, all of the following variables: a. Enrollment. b. Number of buildings. c. Estimated number of classrooms. d. Projected number of access points. e. Increasing the AP number by 20 percent for administrative areas and the cafeteria. f. Allowing for Power over Ethernet (PoE) switches for every 12 classrooms. g. Allowing thirty-six dollars ($36) per AP for copper cable and termination materials. h. Allowing one hundred dollars ($100) for installation of each AP. i. Allowing four hundred sixty-five dollars ($465) for one 1,000 foot long fiber cable per each 12 classrooms. j. Allowing for one centralized fiber switch per school with sufficient optical ports for each 12 classrooms. k. Allowing one hundred dollars ($100) per AP for controller/management software. l. A five thousand dollar ($5,000) allotment for support costs. m. A fifteen thousand dollar ($15,000) allotment for each local school system with a nonreporting campus, such as a career technical center. (2) Upon completion and verification of the standards-based, wireless infrastructure, a local school system may use remaining funds to provide students with mobile digital computing devices for accessing, exploring, and interacting with digital resources. To expend these funds, an application shall be submitted to the Educational Technology Department of the State Department of Education that includes the following: a. Allowable non-WLAN purchases that include a description of each type of item, quantities, and intended location. b. References to the local school system's Transform2020 Technology plan for Goal 1: Engage and Empower the Learner Through Technology; and Goal 2: Prepare and Support Teachers and Leaders to Graduate College and Career-Ready Students. (3) Any bond funds in excess of the fifty million dollar ($50,000,000) priority funds shall be distributed to local school systems based upon enrollment and shall be used for further implementation of the system technology plan. (c)(1) The Department of Education shall lead, implement, provide oversight, and administer this section. This shall include, but is not limited to, all of the following: a. Minimum specifications for WLANs and per system funding allocations based on the recommended standards in WIRED. b. Current readiness of participating schools' WLANs. c. An appropriate application process for school systems participating, including a component for the professional development of teachers. (2) Any application for funds shall be submitted and signed by the technology coordinator, the superintendent, and the chief school financial officer of the local school system. (3) Implementation plan: School systems shall apply for their portion of the Alabama Ahead Act bond funding through the State Department of Education. Applications for funding shall include all of the following: a. Technology plan: An approved technology plan as required of all school systems as part of the Foundation Program, which identifies all of the following: 1. How Wi-Fi broadband networks and digital learning environments will improve educational opportunities for students. 2. How teachers will receive professional development in the use of WLAN and mobile digital computing technologies in the classroom. 3. The infrastructure improvements that will be made and how these improvements will improve student access to digital devices and resources. b. Infrastructure readiness report: School systems shall provide an infrastructure readiness report describing each school's WLAN as well as the systems used to manage these networks. The infrastructure readiness report shall identify how each school's WLAN compares to the WLAN standards established by AETA and SEND. The infrastructure readiness report, on a school-by-school basis, shall include all of the following: 1. Enrollment and number of classrooms. 2. If existing WLAN components will continue to be used, then the following shall also be provided: (i) A school map showing locations of current access points. (ii) A description of existing access points, including age, manufacture, model, specifications, and supporting documentation such as purchase orders if requested. (iii) A description of existing management or controller technologies. (iv) Specifications of existing network switches and cabling connected to the access points. 3. A signed assurance form from the school principal as to the quality of the WLAN functionality. 4. An application for WLAN purchases in order to ensure all schools satisfy the WLAN standards established by AETA and SEND which are incorporated into this section. The application shall