BP BHEAD INT S [atlas:bill]

AN ACT Relating to the governance of the K-20 educational telecommunications network; amending RCW 28D.02.010; adding new sections to chapter 28D.02 RCW; adding new sections to chapter 43.131 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:

Sec. 1. 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 June 30, 1998.

NEW SECTION. Sec. 2. (1) Governance of the K-20 educational telecommunications network is the responsibility of the higher education coordinating board, the superintendent of public instruction, and the information services board pursuant to the authorities granted to them under Titles 28B and 28A RCW, and chapter 43.105 RCW, respectively. The entities shall implement one or more joint operating agreements as set forth in RCW 39.34.080 to delineate their mutual responsibilities; however, the information services board shall not evaluate the merits of school curriculum, higher education course offerings, or other education or training programs proposed for transmission over the network. In the event that the entities cannot reach agreement on matters of interagency concern, they shall avail themselves of the processes set forth in RCW 43.17.320, 43.17.330, and 43.17.340. The higher education coordinating board is encouraged to consult with the state board for community and technical colleges on matters concerning the K-20 network.

(2) The higher education coordinating board and the superintendent of public instruction shall prepare and submit to the governor and the legislature coordinated budget recommendations regarding the K-20 network. In preparing these recommendations, the board and the superintendent of public instruction shall review, as necessary, information provided in the individual budget requests of the participating institutions over which they have oversight authority.

(3) In developing governance policies, the board and superintendent of public instruction should ensure that academic policy drives the technical development of the network.

(4) As used in this section, "governance" means responsibility for network programming, site selection, coordinated budget recommendations, and technology oversight.

NEW SECTION. Sec. 3. (1) The cross-sector network advisory committee is created to advise the higher education coordinating board, the superintendent of public instruction, and the information services board on K-20 educational telecommunications network technical and policy planning matters that require cross-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; advocacy and 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) The policy subcommittee shall be comprised of two provosts of public baccalaureate institutions appointed by the higher education coordinating board; two members appointed by the state board for community and technical colleges; 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 higher education institutions appointed by the governor; and four public members, one of whom shall be appointed by each legislative caucus. The public members shall be citizens with an interest in K-20 education and technology, and shall not be legislators. All members serve at the pleasure of the appointing authorities;

(b) The technical subcommittee shall be comprised of equal numbers of postsecondary and K-12 representatives and 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. Members serve at the pleasure of the appointing authority. The specific duties of the technical subcommittee shall be determined by the information services board in coordination with the higher education coordinating board and the superintendent of public instruction.

(3) The cross-sector network advisory committee shall be convened and coordinated jointly by the higher education coordinating board and the superintendent of public instruction.

(4) Recommendations and requests from either subcommittee shall be distributed to the committee as a whole before submission to the higher education coordinating board, the office of the superintendent of public instruction, or the information services board.

NEW SECTION. Sec. 4. Staff and office support for the cross-sector network advisory committee shall be provided through the higher education coordinating board.

NEW SECTION. Sec. 5. A new section is added to chapter 43.131 RCW to read as follows:

The cross-sector network advisory committee and its powers and duties shall be terminated June 30, 2001, as provided in section 6 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or part of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2002:

(1) RCW 28D.02.--- and 1997 c -- s 2 (section 2 of this act); and

(2) RCW 28D.02.--- and 1997 c -- s 3 (section 3 of this act).

NEW SECTION. Sec. 7. Sections 2 through 4 of this act are each added to chapter 28D.02 RCW.

NEW SECTION. Sec. 8. Sections 2 and 3 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, 1998.

NEW SECTION. Sec. 9. If specific funding for the purposes of section 4 of this act, referencing section 4 of this act by bill or chapter and section number, is not provided by June 30, 1997, in the omnibus appropriations act, section 4 of this act is null and void.