ASSEMBLY, No. 808

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman FARRAGHER and Assemblyman ROCCO

An Act concerning the establishment of a Statewide distance learning system for the public schools, establishing a commission to implement the system, and supplementing Title 52 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. The Legislature finds and declares that:

    a. It is of critical importance that this State adopt a policy which ensures that all students, regardless of socio-economic status or geographic location, have access to the educational benefits offered by distance learning technology;

    b. Distance learning programs, ranging from voice and data communication to state-of-the-art visual delivery, offer innovative instructional tools and viable curriculum alternatives to greatly expand, enhance, and equalize the educational opportunities for students in all schools;

    c. Although distance learning technology has been available for some time, relatively few school districts within the State have been able to adequately avail themselves of the tremendous student learning opportunities offered by distance learning or have entered into cooperative distance learning arrangements to make the sharing of educational personnel and other resources between districts a reality; and

    d. The policy adopted by the State must be a comprehensive one which sets clear distance learning goals for individual school districts and provides the leadership necessary to ensure equal access to distance learning opportunities for all students regardless of their district of residence.

    2. As used in this act:

    "Commission" means the Distance Learning Commission established pursuant to section 3 of this act;

    "Distance learning" means the transmission of educational information and interaction of geographically dispersed individuals and groups through a single medium or combination of audio, video, and data media;

    "Office" means the Office of Telecommunications and Information Systems in the Department of the Treasury;

    "State board" means the State Board of Education.

    3. a. There is created in the Department of the Treasury a commission to be known as the Distance Learning Commission which shall oversee the Office of Telecommunications and Information Systems in the planning, design, and implementation of the Statewide public school distance learning plan to be established pursuant to section 4 of this act. The commission shall consist of 15 members as follows: the Commissioner of Education and the Administrator of the Office of Telecommunications and Information Systems who shall serve ex officio; seven members to be appointed by the Governor, including one superintendent of schools, one member of the business community with experience in applications of technology, one school teacher, one library media specialist, one faculty member of an institution of higher education, and two public members with experience in applications of technology; two members to be appointed by the President of the Senate, including one member of the business community with experience in applications of technology, and one secondary school teacher; two members to be appointed by the Speaker of the General Assembly, including one member of the business community with experience in applications of technology, and one elementary school teacher; and two members appointed by the Chairman of the Board of Public Utilities, including one utilities regulator with experience in telecommunications regulation and one public member. Members of the commission shall be appointed without regard to political affiliation.

    b. Each member of the commission, except the members first appointed, shall serve for a term of two years and shall hold office until the appointment and qualification of a successor. Of the initial appointments to the commission, the three members of the business community and the three teachers appointed to the commission shall serve terms of three years and the remaining seven members shall serve terms of two years. Vacancies shall be filled for the unexpired term only. No member may be appointed for more than two terms. Members of the commission shall serve without compensation but shall be reimbursed for actual expenses reasonable incurred in the performance of their duties. Members may be removed by the appointing authority for cause. The initial members shall be appointed within 30 days of the effective date of this act. The commission shall have the authority to establish such subcommittees as it deems appropriate to carry out the purposes of this act.

    c. Each ex officio member may designate an employee of the member's department to represent the member at meetings or hearings of the commission. The designees may lawfully vote and otherwise act on behalf of the members for whom they constitute the designees.

    d. The commission shall organize as soon as may be practicable after the appointment of its members and shall select a chairperson from among its members and a secretary who need not be a member of the commission. The office shall provide the commission with such staff as may be necessary to enable the commission to fulfill its mission. The commission shall also be entitled to the assistance and services of the employees of any State, county or municipal department, board, bureau, commission or agency which it may require and which may be available to it for these purposes.

    e. The commission shall expire on the first day of the first month following the implementation of a Statewide public school distance learning system.

    4. a. Within one year of the effective date of this act, the Office of Telecommunications and Information Systems in the Department of the Treasury shall establish, after review and approval by the commission and consultation with the State Board of Education, a State distance learning plan for public school districts. The plan shall include, but not be limited to, the following elements: the configuration of, and requirements for, a Statewide public school distance learning system; a detailed outline of the manner in which distance learning opportunities shall be made available to students within all school districts; a timetable for the implementation of a Statewide public school distance learning system; and the role and responsibilities of the office, the State board, the Department of Education, county superintendents of schools, and local school districts in the implementation of a Statewide distance learning system.

    b. The office, after review and approval by the commission and consultation with the State board, may update and revise the State distance learning plan from time to time as it deems necessary.

    c. The office, after review and approval by the commission and consultation with the State board, shall submit a report to the Senate and Assembly Education Committees, or their successors, not later than February 15 of each year, concerning progress in carrying out the provisions of this act.

    d. Upon the expiration of the commission, the State Treasurer shall be responsible for the review and approval of any function of the office which was the responsibility of the commission.

    5. a. In order to ensure that a Statewide public school district distance learning system is implemented effectively and that each school district participates in the system, the county superintendent of schools in each county shall appoint a distance learning coordinator in accordance with the provisions of this act and standards developed by the office pursuant to this act. The coordinator shall ensure that all necessary steps are taken and time schedules met in connection with the responsibilities of school districts under the State plan.

    b. The board of education of each school district within the State shall provide to the office the data required for the establishment of a Statewide public school distance learning system. The board shall work with the office through its county coordinator to establish distance learning opportunities within the school district whether singly, in conjuction with other school districts, or on a regional or county basis as determined pursuant to the State plan.

    If required by the office, each coordinator shall submit a county distance learning plan which outlines the manner in which school districts within that county shall meet the technical and operational standards for the Statewide distance learning system established under the State plan.

    6. This act shall take effect immediately.

STATEMENT

    This bill provides for the establishment of a State distance learning plan for public school districts and establishes a Distance Learning Commission to oversee the planning, design, and implementation of that plan.

    Under the bill's provisions, within one year of its effective date, the Office of Telecommunications and Information Systems (OTIS) in the Department of the Treasury, after review and approval by the commission, is to establish a State distance learning plan for public school districts. The plan is to include, but not be limited to, the following elements: the configuration of, and requirements for, a Statewide public school distance learning system; a detailed outline of the manner in which distance learning opportunities are to be made available to students within all school districts through the system; a timetable for the implementation of a Statewide distance learning system; and the role and responsibilities of OTIS, the State Board of Education, the Department of Education, the county superintendents of schools, and local school districts in the implementation of the Statewide distance learning system. The Distance Learning Commission created under the bill is to oversee OTIS in the planning, design, and implementation of the State plan. The commission will expire upon the implementation of the distance learning system.

    The bill provides that in order to ensure that the distance learning system is implemented effectively and that each school district participates in the system, the county superintendent of each county shall appoint a distance learning coordinator. The coordinator is to ensure that all necessary steps are taken and time schedules met in connection with the responsibilities of school districts under the State plan. The board of education of each school district is to work with OTIS through its county coordinator to establish distance learning opportunities within the district whether singly, in conjuction with other school districts, or on a regional or county basis as determined pursuant to the State plan. If required by OTIS, a distance learning coordinator is to submit a county plan which outlines how the school districts within the county will meet the technical and operational standards established for the distance learning system under the State plan.

Provides for establishment of a Statewide distance learning system for public schools.