H-2647

AN ACT Relating to the K-20 telecommunications network; amending RCW 28D.02.010 and 28D.02.060; adding new sections to chapter 28D.02 RCW; providing an effective date; providing a contingent effective date; providing an expiration date; providing a contingent expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.

(1) "Committee" means the Washington education network governance committee.

(2) "Network" means the K-20 telecommunications network under chapter 28D.02 RCW.

(3) "Network users" means those institutions of higher education, school districts, educational service districts, public libraries, state agencies, and others that use the network for distance education, data transmission, and other uses permitted by the committee.

NEW SECTION. Sec. 2. The Washington education network governance committee is created.

The purpose of the committee is to ensure that the K-20 telecommunications network is operated in a way that serves the broad public interest above the interest of any network user.

The committee shall consist of six voting members appointed by the governor with the consent of the senate as follows: Two citizen members and, serving as ex officio members, the superintendent of public instruction, the chair of the higher education coordinating board, the chair of the information services board, and the state librarian. The governor shall appoint the members of the committee by July 30, 1997. Each committee member may appoint a designee to function in his or her place with the right to vote. In selecting the citizen members of the committee, the governor shall strive to avoid any conflict of interest. The citizen members of the committee may not be employees of state or local governments, institutions of higher education, the common schools, or the telecommunications industry, nor may they be members of the governing boards of any educational service district, institution of higher education, or telecommunications company.

NEW SECTION. Sec. 3. The committee has the following powers and duties:

(1) In cooperation with network partners and users and other interested parties, to establish goals and measurable objectives for the network;

(2) To ensure that the goals and measurable objectives of the network are the basis for any decisions or recommendations regarding the technical development and operation of the network;

(3) To adopt, modify, and implement policies for network development, operation, and expansion. Such policies may include but need not be limited to the following issues: Quality of service; access to the network by recognized organizations and accredited institutions that deliver educational programming including public libraries; prioritization of programming within limited resources; prioritization of access to the system and the sharing of technological advances; network security; identification and evaluation of emerging technologies; future expansion or redirection of the system; network fee structures; and costs for the development and operation of the network;

(4) To prepare and submit to the governor and the legislature a coordinated budget for network development, operation, and expansion. The budget shall include the recommendations of the committee on any state funding requested for distance education facilities and hardware or software by or for network users;

(5) To adopt and monitor the implementation of a methodology to evaluate the effectiveness of the network in achieving the goals and measurable objectives;

(6) To resolve disputes about network use submitted by either subcommittee of the cross-sector advisory committee, or any member of the committee;

(7) To approve modifications of the network design and implementation plan under RCW 28D.02.020 and the phased technical plan under RCW 28D.02.070;

(8) To review, evaluate, and recommend modifications to the initial and updated location plans prepared by the higher education coordinating board under RCW 28D.02.030 and the superintendent of public instruction under RCW 28D.02.040;

(9) To authorize the release of funds from the K-20 technology account under RCW 28D.02.060 for network expenditures; and

(10) To adopt rules as necessary to implement this chapter.

NEW SECTION. Sec. 4. (1) The cross-sector network advisory committee is created to advise the committee and network users on network technical and policy planning matters that require cross-sector and intra-sector coordination. Such matters shall include cross-sector network planning, including identification and resolution of cross-institution and cross-sector technical problems; cost issues; network growth; network usage, including policies on scheduling, identification, and resolution of scheduling conflicts, and conflict resolution; network technical quality; dissemination of information; coordination of assessment and accountability information among network participants; and technical network management.

(2) The cross-sector network advisory committee shall be comprised of a policy subcommittee and a technical subcommittee as follows:

(a) Initially, the policy subcommittee shall be comprised of two provosts of public baccalaureate institutions, appointed by the council of presidents; two members appointed by the state board for community and technical colleges, one of whom shall be a member of the teaching faculty, selected in consultation with organizations responsible for representing the faculty; four representatives of K-12 education, appointed by the superintendent of public instruction; the Washington state librarian or the librarian's designee; two representatives of independent institutions of higher education, appointed by the governor; and up to four public members, one of whom shall be appointed by each legislative caucus. The public members shall be citizens with an interest in the education of the public and in information technology. All members serve at the pleasure of the appointing authorities. The membership of the policy subcommittee may be revised by the unanimous agreement of the committee;

(b) Initially, the technical subcommittee shall be comprised of equal numbers of postsecondary and K-12 representatives, four public members with technical expertise, appointed by the chair of the information services board; and one or more representatives of the department of information services, appointed by the director of the department of information services. At least one member of the technical subcommittee shall be a representative of the independent institutions of higher education, appointed by the committee, and at least one member shall be a representative of public libraries, appointed by the state librarian. Members serve at the pleasure of the appointing authority. The specific duties of the technical subcommittee shall be determined by the committee, in cooperation with network users. The membership of the technical subcommittee may be revised by unanimous agreement of the committee.

(3) The cross-sector network advisory committee shall be convened and coordinated by the committee, in cooperation with network users.

(4) Recommendations and requests from either subcommittee shall be reviewed by the cross-sector network advisory committee as a whole before submission to the committee.

NEW SECTION. Sec. 5. (1) The committee is not intended to duplicate the statutory responsibilities of the higher education coordinating board, the superintendent of public instruction, the information services board, the state librarian, or the governing boards of the institutions of higher education.

(2) The committee shall not interfere in any curriculum or legally offered programming offered over the network.

(3) The coordination of telecommunications planning for institutions of higher education as defined in RCW 28B.10.016 remains the responsibility of the higher education coordinating board under RCW 28B.80.600. The committee may recommend but not require revisions to the board's telecommunications plan.

(4) The responsibility to review and approve standards and common specifications for the network remains the responsibility of the information services board under RCW 43.105.041.

(5) The coordination of telecommunications planning for the common schools remains the responsibility of the superintendent of public instruction. The committee may recommend but not require revisions to the superintendent's telecommunications plans.

NEW SECTION. Sec. 6. The two citizen members of the committee shall be compensated in accordance with RCW 43.03.250. The committee may hire staff who shall be exempt from the provisions of chapter 41.06 RCW. The staff shall be housed by the office of financial management, which shall provide accounting and administrative support for the committee.

Sec. 7. RCW 28D.02.010 and 1996 c 137 s 2 are each amended to read as follows:

(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 RCW 28D.02.030 through 28D.02.050 and 28D.02.070 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 RCW 28D.02.070(1);

(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 RCW 28D.02.070(2). 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.

(4) This section expires six months after the appointment of the committee created in section 2 of this act.

Sec. 8. RCW 28D.02.060 and 1996 c 137 s 7 are each amended to read as follows:

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 RCW 28D.02.010~~)). Disbursements from the account shall be on authorization of the director of the department of information services with approval of the committee under ((~~RCW 28D.02.010~~)) sections 1 through 6 of this act.

NEW SECTION. Sec. 9. Sections 1 through 6 of this act are each added to chapter 28D.02 RCW.

NEW SECTION. Sec. 10. Sections 1 through 6 of this act expire June 30, 2002.

NEW SECTION. Sec. 11. Sections 1, 2, and 6 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 take effect July 1, 1997.

NEW SECTION. Sec. 12. Sections 3 through 5, 8, and 10 of this act take effect six months after the appointment of the committee under section 2 of this act.