AN ACT Relating to
telecommunications, telecommunications planning, and higher education
technology; amending RCW 28B.80.600, 43.105.032, 43.105.041, 43.105.041,
43.105.170, 43.105.180, and 43.105.190; adding a new title to the Revised Code
of Washington to be codified as Title 28D RCW; creating a new section;
providing an effective date; providing an expiration date; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature
recognizes that technology is an important tool in the preparation of an
educated and knowledgeable work force and citizenry. The legislature supports
the creation of a K-20 education network for the coordinated expansion of
current technology and the development of new technologies that support an
integrated and interoperable educational technology network serving
kindergarten through higher education and promoting access for Washington
citizens. The intent of the legislature is to significantly enhance the
education system's ability to access telecommunications resources and to
provide citizen access to quality primary, secondary, and postsecondary courses
and degree programs state-wide through distance education. It is also the intent
of the legislature that these services be a collaborative endeavor and that
resources be used effectively. The development of a distance education system
using technology will provide great opportunities for change in the delivery of
educational services and deserves due deliberation and coordinated policy
planning to ensure that the high standards of program quality and
cost-efficient service are enhanced. The legislature finds that, in order to
facilitate lifelong learning, educational technology systems must be
coordinated among all educational sectors, with the other entities of federal,
state, and local government, and be readily accessible to the general
population of the state. It is the intent of the legislature to make maximum
use of a common telecommunications backbone network in building and expanding
education technology systems. Therefore, coordinated policy and planning to
ensure program quality, interoperability, and efficient service delivery are
the highest priority of the legislature.
NEW SECTION. Sec.
2. (1) The K-20
telecommunications oversight and policy committee is established to: Adopt
policy goals and objectives for a K-20 telecommunications system, adopt a
network design and implementation plan, and authorize release of funds for
network purposes.
(2) The duties of the
committee shall include, but need not be limited to:
(a) The adoption of
system goals and objectives and timelines for submission of the proposed plans
under sections 4 through 6 and 8 of this act by June 1, 1996;
(b) The authorization
of the construction and acquisition of a network backbone upon its approval of
phase one of a technical plan for the network as specified in section 8(1) of
this act;
(c) The preparation and
subsequent updates of a network design and implementation plan that includes
locations to be served by the network, service delivery specifications, a
network governance structure, other appropriate components, and a phased
technical plan in accordance with section 8(2) of this act. The plan shall be
adopted after considering the recommendations of the information services
board, the higher education coordinating board, and the superintendent of
public instruction.
(d) The preparation of
an implementation plan that prioritizes access to the network backbone and
other telecommunication components; and
(e) The authorization
of the release of funds for expenditures to construct the network and distance
education components.
(3) By April 15, 1996,
the department of information services shall convene the committee. The
committee shall include the following voting members or their designees: The
governor; one member from each caucus of the senate, appointed by the president
of the senate; one member from each caucus of the house of representatives,
appointed by the speaker of the house of representatives; the superintendent of
public instruction; the chair of the higher education coordinating board; and
the chair of the information services board. On a nonvoting basis, the
committee shall include the following members or their designees: One
community college or technical college president, appointed by the state board
for community and technical colleges; one president of a public baccalaureate
institution, appointed by the council of presidents; the state librarian; one
educational service district superintendent, one school district
superintendent, and one representative of an approved private school, each
appointed by the superintendent of public instruction; one representative of
independent nonprofit baccalaureate institutions, appointed by the Washington
friends of higher education; and one representative of the computer or
telecommunications industry, appointed by the information services board. The
voting members must reach a consensus in approving the network design and
implementation plan. The department shall provide staff support to the
committee.
NEW SECTION. Sec.
3. The design and
implementation plan for the K-20 telecommunication system shall: (1) Provide
optimum geographic and social distribution of the benefits of a network; (2)
minimize duplication of technology resources and education programs or degrees
at public institutions of postsecondary education; (3) maximize existing
networks and video telecommunications resources owned or operated by the state;
(4) consider the benefits of purchasing additional hardware to expand the
current telecommunications network versus leasing network services from the
department of information services or from private sector providers; (5) foster
partnerships among public, private, and nonprofit entities, including
independent nonprofit baccalaureate institutions of higher education,
libraries, and public hospitals; (6) ensure that each network site is designed
to maximize utilization by the institutions of postsecondary education and
public schools; (7) provide for future access by public entities on a no-cost
or low-cost basis; and (8) ensure that the network can be expanded and upgraded,
is based on an open-architecture model, and connects to national and world-wide
information infrastructures.
NEW SECTION. Sec.
4. Within the timelines
specified by the committee, the higher education coordinating board shall
prepare and submit to the K-20 telecommunications oversight and policy
committee a proposed location plan of higher education delivery sites proposed
for connection to the K-20 education network. The development of the plan
shall begin immediately. For each site proposed for connection to the network,
the board shall recommend service delivery specifications that include, but
need not be limited to, an assessment of community needs and programming and
service levels that provide for effective use of network resources. The board
shall prioritize the implementation of the proposed location plan. The board
shall ensure that the proposed location plan adheres to the principles
described in section 3 of this act and the goals and objectives adopted by the
committee under section 2 of this act.
NEW SECTION. Sec.
5. Within timelines
specified by the committee, the superintendent of public instruction shall
prepare and submit to the K-20 telecommunications oversight and policy
committee a proposed location plan of public education delivery sites proposed
for connection to the K-20 education network. The development of the plan
shall begin immediately. For each site proposed for connection to the network,
the superintendent shall approve service delivery specifications that include,
but need not be limited to, an assessment of community needs and programming
and service levels that provide for effective use of network resources. The
superintendent shall prioritize the implementation of the proposed location
plan. The superintendent shall ensure that the proposed location plan adheres
to the principles described in section 3 of this act and the goals and
objectives adopted by the committee under section 2 of this act.
NEW SECTION. Sec.
6. Within timelines
specified by the committee, the higher education coordinating board and the
superintendent of public instruction shall recommend to the K-20
telecommunications oversight and policy committee network governance structure
that ensures participation by all members of the network and, to the extent
feasible, adheres to the goals and objectives adopted under section 2 of this
act.
NEW SECTION. Sec.
7. The K-20 technology
account is hereby created in the state treasury. The department of information
services shall deposit into the account all moneys received from legislative
appropriations, gifts, grants, and endowments for the K-20 telecommunication
system. The account shall be subject to appropriation and may be expended
solely for the K-20 telecommunication system approved by the committee under
section 2 of this act. Disbursements from the account shall be on
authorization of the director of the department of information services with
approval of the committee under section 2 of this act.
NEW SECTION. Sec.
8. The information services
board shall prepare a technical plan for the design and construction of the
K-20 telecommunication system. The board shall ensure that the technical plan
adheres to the principles described in section 3 of this act and the goals and
objectives established by the committee under section 2 of this act. The board
shall provide formal project approval and oversight during the development and
implementation of the K-20 telecommunications network. In approving the plan,
the board shall conduct a request for proposal process. The technical plan
shall be developed in phases as follows:
(1) Phase one shall
provide a telecommunication backbone connecting educational service districts,
the main campuses of public baccalaureate institutions, the branch campuses of
public research institutions, and the main campuses of community colleges and technical
colleges.
(2) Phase two shall
provide for (a) connection to the network by entities that include, but need
not be limited to: School districts, public higher education off-campus and
extension centers, branch campuses of community colleges and technical
colleges, and independent nonprofit baccalaureate institutions, as prioritized
by the telecommunications oversight and policy committee; and (b) distance
education facilities and components for entities listed in subsections (1) and
(2) of this section.
(3) Subsequent phases
may include, but need not be limited to, connections to public libraries, state
and local governments, community resource centers, and the private sector.
Sec. 9. RCW 28B.80.600 and 1990
c 208 s 9 are each amended to read as follows:
The higher education
coordinating board shall provide state-wide coordination ((of video)) in
telecommunications programming ((for the public four-year higher education
institutions)), location selection, meeting community needs, and
development of a state-wide higher education telecommunications plan.
Sec. 10. RCW 43.105.032 and 1992
c 20 s 8 are each amended to read as follows:
There is hereby created
the Washington state information services board. The board shall be composed
of ((nine)) thirteen members. ((Seven)) Eight
members shall be appointed by the governor, one of ((which)) whom
shall be a representative of higher education, one of ((which)) whom
shall be a representative of an agency under a state-wide elected official
other than the governor, and ((one)) two of ((which)) whom
shall be ((a)) representatives of the private sector. One member
shall represent the judicial branch and be appointed by the chief justice of
the supreme court. ((One member shall represent the legislative branch and
shall be selected by the president of the senate and the speaker of the house
of representatives.)) One member shall be the superintendent of public
instruction or shall be appointed by the superintendent of public instruction.
One member shall represent the house of representatives and shall be selected
by the speaker of the house of representatives; one member shall represent the
senate and shall be appointed by the president of the senate. The
representatives of the house of representatives and senate shall not be from
the same political party. One member shall be the director who shall be a
voting member of the board. These members shall constitute the membership
of the board with full voting rights. Members of the board shall serve at the
pleasure of the appointing authority. ((The director shall be an ex officio,
nonvoting member of the board.)) The board shall select a chairperson from
among its members.
Vacancies shall be
filled in the same manner that the original appointments were made.
A majority of the
members of the board shall constitute a quorum for the transaction of business.
Members of the board
shall be compensated for service on the board in accordance with RCW 43.03.240
and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060.
Sec. 11. RCW 43.105.041 and 1995
2nd sp.s. c 14 s 512 are each amended to read as follows:
The board shall have
the following powers and duties related to information services:
(1) To develop
standards governing the acquisition and disposition of equipment, proprietary
software and purchased services, and confidentiality of computerized data;
(2) To purchase, lease,
rent, or otherwise acquire, dispose of, and maintain equipment, proprietary
software, and purchased services, or to delegate to other agencies and institutions
of state government, under appropriate standards, the authority to purchase,
lease, rent, or otherwise acquire, dispose of, and maintain equipment,
proprietary software, and purchased services: PROVIDED, That, agencies and
institutions of state government, except as provided in RCW 43.105.017(5) and
section 507, chapter 14, Laws of 1995 2nd sp. sess., are expressly prohibited
from acquiring or disposing of equipment, proprietary software, and purchased
services without such delegation of authority. The acquisition and disposition
of equipment, proprietary software, and purchased services is exempt from RCW
43.19.1919 and, as provided in RCW 43.19.1901, from the provisions of RCW
43.19.190 through 43.19.200. This subsection does not apply to the legislative
branch;
(3) To develop
state-wide or interagency technical policies, standards, and procedures;
(4) To review and
approve standards and common specifications for new or expanded
telecommunications networks proposed by agencies, public postsecondary
education institutions, educational service districts, or state-wide or
regional providers of K-12 information technology services, and to assure
the cost-effective development and incremental implementation of a state-wide
video telecommunications system to serve: Public schools; educational service
districts; vocational-technical institutes; community colleges; colleges and
universities; state and local government; and the general public through public
affairs programming;
(5) To provide direction
concerning strategic planning goals and objectives for the state. The board
shall seek input from the legislature and the judiciary;
(6) To develop and
implement a process for the resolution of appeals by:
(a) Vendors concerning
the conduct of an acquisition process by an agency or the department; or
(b) A customer agency
concerning the provision of services by the department or by other state agency
providers;
(7) To establish
policies for the periodic review by the department of agency performance which
may include but are not limited to analysis of:
(a) Planning,
management, control, and use of information services;
(b) Training and
education; and
(c) Project management;
(8) To set its meeting
schedules and convene at scheduled times, or meet at the request of a majority
of its members, the chair, or the director; and
(9) To review and
approve that portion of the department's budget requests that provides for
support to the board.
Sec. 12. RCW 43.105.041 and 1990
c 208 s 6 are each amended to read as follows:
The board shall have
the following powers and duties related to information services:
(1) To develop
standards governing the acquisition and disposition of equipment, proprietary
software and purchased services, and confidentiality of computerized data;
(2) To purchase, lease,
rent, or otherwise acquire, dispose of, and maintain equipment, proprietary
software, and purchased services, or to delegate to other agencies and
institutions of state government, under appropriate standards, the authority to
purchase, lease, rent, or otherwise acquire, dispose of, and maintain
equipment, proprietary software, and purchased services: PROVIDED, That,
agencies and institutions of state government are expressly prohibited from
acquiring or disposing of equipment, proprietary software, and purchased
services without such delegation of authority. The acquisition and disposition
of equipment, proprietary software, and purchased services is exempt from RCW
43.19.1919 and, as provided in RCW 43.19.1901, from the provisions of RCW
43.19.190 through 43.19.200. This subsection does not apply to the legislative
branch;
(3) To develop
state-wide or interagency technical policies, standards, and procedures;
(4) To review and
approve standards and common specifications for new or expanded
telecommunications networks proposed by agencies, public postsecondary
education institutions, educational service districts, or state-wide or
regional providers of K-12 information technology services, and to assure
the cost-effective development and incremental implementation of a state-wide
video telecommunications system to serve: Public schools; educational service
districts; vocational-technical institutes; community colleges; colleges and
universities; state and local government; and the general public through public
affairs programming;
(5) To provide
direction concerning strategic planning goals and objectives for the state.
The board shall seek input from the legislature and the judiciary;
(6) To develop and
implement a process for the resolution of appeals by:
(a) Vendors concerning
the conduct of an acquisition process by an agency or the department; or
(b) A customer agency
concerning the provision of services by the department or by other state agency
providers;
(7) To establish
policies for the periodic review by the department of agency performance which
may include but are not limited to analysis of:
(a) Planning,
management, control, and use of information services;
(b) Training and
education; and
(c) Project management;
(8) To set its meeting
schedules and convene at scheduled times, or meet at the request of a majority
of its members, the chair, or the director; and
(9) To review and
approve that portion of the department's budget requests that provides for
support to the board.
Sec. 13. RCW 43.105.170 and 1992
c 20 s 2 are each amended to read as follows:
(1) Each agency shall
develop an agency strategic information technology plan which establishes
agency goals and objectives regarding the development and use of information
technology. The superintendent of public instruction shall develop its plan
in conjunction with educational service districts and state-wide or regional
providers of K-12 education information technology services. Plans shall
include, but not be limited to, the following:
(a) A statement of the
agency's mission, goals, and objectives for information technology;
(b) An explanation of
how the agency's mission, goals, and objectives for information technology
support and conform to the state strategic information technology plan
developed under RCW 43.105.160;
(c) Projects and
resources required to meet the objectives of the plan; and
(d) Where feasible,
estimated schedules and funding required to implement identified projects.
(2) Plans developed
under subsection (1) of this section shall be submitted to the department for
review and forwarded along with the department's recommendations to the board
for review and approval. The board may reject, require modification to, or
approve plans as deemed appropriate by the board. Plans submitted under this
subsection shall be updated and submitted for review and approval as necessary.
(3) Each agency shall
prepare and submit to the department a biennial performance report. The
superintendent of public instruction shall develop its plan in conjunction with
educational service districts and state-wide or regional providers of K-12
education information technology services. The report shall include:
(a) An evaluation of
the agency's performance relating to information technology;
(b) An assessment of
progress made toward implementing the agency strategic information technology
plan; and
(c) An inventory of
agency information services, equipment, and proprietary software.
(4) The department,
with the approval of the board, shall establish standards, elements, form, and
format for plans and reports developed under this section.
(5) The board may
exempt any agency from any or all of the requirements of this section.
Sec. 14. RCW 43.105.180 and 1992
c 20 s 3 are each amended to read as follows:
Upon request of the
office of financial management, the department shall evaluate agency budget
requests for major information technology projects identified under RCW
43.105.190, including those proposed by the superintendent of public
instruction, in conjunction with educational service districts, or state-wide
or regional providers of K-12 education information technology services.
The department shall submit recommendations for funding all or part of such
requests to the office of financial management.
The department, with
the advice and approval of the office of financial management, shall establish
criteria for the evaluation of agency budget requests under this section.
Criteria shall include, but not be limited to: Feasibility of the proposed
projects, consistency with state and agency strategic information technology
plans, consistency with agency goals and objectives, costs, and benefits.
Sec. 15. RCW 43.105.190 and 1992
c 20 s 4 are each amended to read as follows:
(1) The department,
with the approval of the board, shall establish standards and policies
governing the planning, implementation, and evaluation of major information
technology projects, including those proposed by the superintendent of
public instruction, in conjunction with educational service districts, or
state-wide or regional providers of K-12 education information technology
services. The standards and policies shall:
(a) Establish criteria
to identify projects which are subject to this section. Such criteria shall
include, but not be limited to, significant anticipated cost, complexity, or
state-wide significance of the project; and
(b) Establish a model
process and procedures which agencies shall follow in developing and
implementing project plans. Agencies may propose, for approval by the
department, a process and procedures unique to the agency. The department may
accept or require modification of such agency proposals or the department may
reject such agency proposals and require use of the model process and
procedures established under this subsection. Any process and procedures
developed under this subsection shall require (i) distinct and identifiable
phases upon which funding may be based, (ii) user validation of products through
system demonstrations and testing of prototypes and deliverables, and (iii)
other elements identified by the board.
Project plans and any
agreements established under such plans shall be approved and mutually agreed
upon by the director, the director of financial management, and the head of the
agency proposing the project.
The director may
terminate a major project if the director determines that the project is not
meeting or is not expected to meet anticipated performance standards.
(2) The office of
financial management shall establish policies and standards governing the
funding of projects developed under this section. The policies and standards
shall provide for:
(a) Funding of a
project under terms and conditions mutually agreed to by the director, the
director of financial management, and the head of the agency proposing the
project. However, the office of financial management may require incremental
funding of a project on a phase-by-phase basis whereby funds for a given phase
of a project may be released only when the office of financial management
determines, with the advice of the department, that the previous phase is
satisfactorily completed;
(b) Acceptance testing
of products to assure that products perform satisfactorily before they are
accepted and final payment is made; and
(c) Other elements
deemed necessary by the office of financial management.
(3) The department
shall evaluate projects at three stages of development as follows: (a) Initial
needs assessment; (b) feasibility study including definition of scope,
development of tasks and timelines, and estimated costs and benefits; and (c)
final project implementation plan based upon available funding.
Copies of project
evaluations conducted under this subsection shall be submitted to the office of
financial management and the chairs, ranking minority members, and staff
coordinators of the appropriations committees of the senate and house of
representatives.
NEW SECTION. Sec.
16. Sections 1 through 8 of
this act shall constitute a new chapter in Title 28D RCW.
NEW SECTION. Sec.
17. Section 11 of this act
expires June 30, 1997.
NEW SECTION. Sec.
18. Section 12 of this act
shall take effect June 30, 1997.
NEW SECTION. Sec.
19. Sections 1 through 11 and
13 through 15 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately.
NEW SECTION. Sec.
20. Nothing in this act shall
prevent the ongoing maintenance and operation of existing telecommunications
and information systems or programs.
