1.1                          A bill for an act 
  1.2             relating to education; modifying provisions related to 
  1.3             telecommunications access grants; modifying the 
  1.4             Minnesota education telecommunications council; 
  1.5             appropriating money; amending Minnesota Statutes 1998, 
  1.6             section 125B.20; Laws 1995, First Special Session 
  1.7             chapter 3, article 12, section 7, as amended; Laws 
  1.8             1997, First Special Session chapter 4, article 9, 
  1.9             section 13. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 125B.20, is 
  1.12  amended to read: 
  1.13     125B.20 [TELECOMMUNICATION ACCESS GRANT AND STATEWIDE 
  1.14  COORDINATION.] 
  1.15     Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The purpose of 
  1.16  developing a statewide school district telecommunications 
  1.17  network is to expand the availability of a broad range of 
  1.18  courses and degrees to students throughout the state, to share 
  1.19  information resources to improve access, quality, and 
  1.20  efficiency, to improve learning, and distance cooperative 
  1.21  learning opportunities, and to promote the exchange of ideas 
  1.22  among students, parents, teachers, media generalists, 
  1.23  librarians, and the public.  In addition, through the 
  1.24  development of this statewide telecommunications network 
  1.25  emphasizing cost-effective, competitive connections, all 
  1.26  Minnesotans will benefit by enhancing access to 
  1.27  telecommunications technology throughout the state.  Network 
  2.1   connections for school districts and public libraries will be 
  2.2   are coordinated and fully integrated into the existing state 
  2.3   telecommunications and interactive television networks to 
  2.4   achieve comprehensive and efficient interconnectivity of school 
  2.5   districts and libraries to higher education institutions, state 
  2.6   agencies, other governmental units, agencies, and institutions 
  2.7   throughout Minnesota.  A school district may apply to the 
  2.8   commissioner for a grant under subdivision 2, and a regional 
  2.9   public library may apply under subdivision 3.  The Minnesota 
  2.10  education telecommunication council established in Laws 1995, 
  2.11  First Special Session chapter 3, article 12, section 7, shall 
  2.12  establish priorities for awarding grants, making grant awards, 
  2.13  and being responsible for the coordination of networks. 
  2.14     Subd. 2.  [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) A 
  2.15  school district may apply for a grant under this subdivision 
  2.16  to:  (1) establish connections among school districts, and 
  2.17  between school districts and the state information 
  2.18  infrastructure administered by the department of administration 
  2.19  under section 16B.465; or (2) if such a connection meeting 
  2.20  minimum electronic connectivity standards is already 
  2.21  established, maintain and enhance telecommunications capacity 
  2.22  for a school district.  The minimum standards of capacity are a 
  2.23  56 kilobyte data line and 768 kilobyte ITV connection, subject 
  2.24  to change based on the recommendations by the Minnesota 
  2.25  education telecommunications council.  A district may submit a 
  2.26  grant application for interactive television with higher 
  2.27  capacity connections in order to maintain multiple simultaneous 
  2.28  connections.  To ensure coordination among school districts, a 
  2.29  school district must submit its grant application to the council 
  2.30  through an organization that coordinates the applications and 
  2.31  connections of at least ten school districts or through an 
  2.32  existing technology cooperative the telecommunications cluster 
  2.33  organization of which the district is a member.  
  2.34     (b) The application must, at a minimum, contain information 
  2.35  to document for each applicant school district the following: 
  2.36     (1) that the proposed connection meets the minimum 
  3.1   standards and employs an open network architecture that will 
  3.2   ensure interconnectivity and interoperability with other 
  3.3   education institutions and libraries; 
  3.4      (2) that the proposed connection and system will be 
  3.5   connected to the state information infrastructure through the 
  3.6   department of administration under section 16B.465 and that a 
  3.7   network service and management agreement is in place; 
  3.8      (3) that the proposed connection and system will be 
  3.9   connected to the higher education telecommunication network and 
  3.10  that a governance agreement has been adopted which includes 
  3.11  agreements between the school district system, a higher 
  3.12  education regional council, libraries, and coordinating 
  3.13  entities; 
  3.14     (4) the telecommunication vendor selected to provide 
  3.15  service from the district to a state information infrastructure 
  3.16  hub or to a more cost-effective connection point to the state 
  3.17  information infrastructure; and 
  3.18     (5) other information, as determined by the commissioner in 
  3.19  consultation with the education telecommunications council, to 
  3.20  ensure that connections are coordinated, meet state standards 
  3.21  and are cost-effective, and that service is provided in an 
  3.22  efficient and cost-effective manner. 
  3.23     (c) A school district may include, in its grant 
  3.24  application, telecommunications access for collaboration with 
  3.25  nonprofit arts organizations for the purpose of educational 
  3.26  programs, or access for a secondary media center that:  (1) is a 
  3.27  member of a multitype library system; (2) is open during periods 
  3.28  of the year when classroom instruction is occurring; and (3) has 
  3.29  licensed school media staff on site. 
  3.30     (d) The Minnesota education telecommunications council 
  3.31  shall award grants and the funds shall be dispersed by the 
  3.32  commissioner.  The highest priority for these grants shall be to 
  3.33  bring school districts up to the minimum connectivity standards. 
  3.34  A grant to enhance telecommunications capacity beyond the 
  3.35  minimum connectivity standards shall be no more than 75 percent 
  3.36  of the maximum grant under this subdivision.  Grant applications 
  4.1   for minimum connection and enhanced telecommunications capacity 
  4.2   grants must be submitted to the commissioner by a coordinating 
  4.3   organization including, but not limited to, service cooperatives 
  4.4   and education districts.  For the purposes of the grant, a 
  4.5   school district may include a charter school under section 
  4.6   124D.10, or the Faribault academies.  Based on the award made by 
  4.7   the council, all grants under this subdivision shall be paid by 
  4.8   the commissioner directly to a school district, (unless this the 
  4.9   application requests that the funds be paid to the coordinating 
  4.10  agency).  Nonpublic schools as defined in section 237.065, 
  4.11  subdivision 2, located within the district may access the 
  4.12  network.  The nonpublic school is responsible for actual costs 
  4.13  for connection from the school to the access site. 
  4.14     (e) Money awarded under this section may be used only for 
  4.15  the purposes explicitly stated in the grant application. 
  4.16     Subd. 3.  [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 
  4.17  regional public library system may apply for a telecommunication 
  4.18  access grant.  The grant must be used to create or expand the 
  4.19  capacity of electronic data access and connect the library 
  4.20  system with the state information infrastructure administered by 
  4.21  the department of administration under section 
  4.22  16B.465.  Connections must meet minimum system standards of a 56 
  4.23  kilobyte data line and 768 kilobyte ITV connection.  To be 
  4.24  eligible for a telecommunications access grant, a regional 
  4.25  public library system must:  (1) meet the level of local support 
  4.26  required under section 134.34; and (2) be open at least 20 hours 
  4.27  per week. 
  4.28     (b) Any grant award under this subdivision may not be used 
  4.29  to substitute for any existing local funds allocated to provide 
  4.30  electronic access, or equipment for library staff or the public, 
  4.31  or local funds previously dedicated to other library operations. 
  4.32     (c) An application for a regional public library 
  4.33  telecommunications access grant must, at a minimum, contain 
  4.34  information to document the following: 
  4.35     (1) that the connection meets the minimum standards and 
  4.36  employs an open network architecture that will ensure 
  5.1   interconnectivity and interoperability with other libraries and 
  5.2   the educational system; 
  5.3      (2) that the connection is being established through the 
  5.4   most cost-effective means and that the public library has 
  5.5   explored and coordinated connections through school districts or 
  5.6   other governmental agencies; 
  5.7      (3) that the proposed connection and system will be 
  5.8   connected to the state information infrastructure through the 
  5.9   department of administration under section 16B.465 and that a 
  5.10  network service and management agreement is in place; 
  5.11     (4) that the proposed connection and system will be 
  5.12  connected to the higher education and to the school district 
  5.13  telecommunication networks subject to a governance agreement 
  5.14  with one or more school districts and a higher education 
  5.15  regional council specifying how the system will be coordinated; 
  5.16     (5) the telecommunication vendor selected to provide 
  5.17  service from the library to a state information infrastructure 
  5.18  hub or through a more cost-effective connection point to the 
  5.19  state information infrastructure; and 
  5.20     (6) other information, as determined by the commissioner, 
  5.21  to ensure that connections are coordinated, meet state 
  5.22  standards, are cost-effective, and that service is provided in 
  5.23  an efficient and cost-effective manner so that libraries 
  5.24  throughout the state are connected in as seamless a manner as 
  5.25  technically possible. 
  5.26     Subd. 4.  [AWARD OF GRANTS.] The council shall develop 
  5.27  application forms and procedures for school district minimum 
  5.28  connectivity grants, enhanced telecommunications grants, and 
  5.29  regional library telecommunication access grants.  The council 
  5.30  shall select the grant recipient and shall promptly notify any 
  5.31  applicant that is found not to be qualified.  The commissioner 
  5.32  shall make the grant payments directly to the school district or 
  5.33  regional library system.  At the request of the district or 
  5.34  regional library system, the commissioner may make the grant 
  5.35  payment directly to the coordinating organization.  If 
  5.36  appropriations are insufficient to fund all applications, the 
  6.1   commissioner shall first fully fund the minimum connectivity 
  6.2   grants.  Unsuccessful applicants may reapply for a grant. 
  6.3      Sec. 2.  Laws 1995, First Special Session chapter 3, 
  6.4   article 12, section 7, as amended by Laws 1997, First Special 
  6.5   Session chapter 4, article 9, section 2, Laws 1998, chapter 270, 
  6.6   section 4, and Laws 1998, chapter 359, section 20, is amended to 
  6.7   read: 
  6.8      Sec. 7.  [MINNESOTA EDUCATION TELECOMMUNICATIONS COUNCIL.] 
  6.9      Subdivision 1.  [STATE COUNCIL MEMBERSHIP.] The membership 
  6.10  of the Minnesota education telecommunications council 
  6.11  established in Laws 1993, First Special Session chapter 2, is 
  6.12  expanded to include representatives of elementary and secondary 
  6.13  education.  The membership shall consist of three 
  6.14  representatives from the University of Minnesota; three 
  6.15  representatives of the board of trustees for Minnesota state 
  6.16  colleges and universities; one representative of the higher 
  6.17  education services offices; one representative appointed by the 
  6.18  private college council; one representative selected by the 
  6.19  commissioner of administration; eight representatives selected 
  6.20  by the commissioner of children, families, and learning, at 
  6.21  least one of which must come from each of the six higher 
  6.22  education telecommunication regions; a representative from the 
  6.23  office of technology; two members each from the senate and the 
  6.24  house of representatives selected by the subcommittee on 
  6.25  committees of the committee on rules and administration of the 
  6.26  senate and the speaker of the house, one member from each body 
  6.27  must be a member of the minority party; and three 
  6.28  representatives of libraries, one representing regional public 
  6.29  libraries, one representing multitype libraries, and one 
  6.30  representing community libraries, selected by the governor.  The 
  6.31  council shall: 
  6.32     (1) develop a statewide vision and plans for the use of 
  6.33  distance learning technologies and provide leadership in 
  6.34  implementing the use of such technologies; 
  6.35     (2) recommend to the commissioner and the legislature by 
  6.36  December 15, 1996, a plan for long-term governance and a 
  7.1   proposed structure for statewide and regional 
  7.2   telecommunications; 
  7.3      (3) recommend educational policy relating to 
  7.4   telecommunications; 
  7.5      (4) (3) determine priorities for use; 
  7.6      (5) (4) oversee coordination of networks for post-secondary 
  7.7   campuses, K-12 kindergarten through grade 12 education, and 
  7.8   regional and community libraries; 
  7.9      (6) (5) review application for telecommunications access 
  7.10  grants under Minnesota Statutes, section 124C.74 125B.20, and 
  7.11  recommend to the department grants for funding make grant 
  7.12  awards; 
  7.13     (7) (6) determine priorities for grant funding proposals; 
  7.14  and 
  7.15     (8) (7) work with the information policy office to ensure 
  7.16  consistency of the operation of the learning network with 
  7.17  standards of an open system architecture. 
  7.18     The council shall consult with representatives of the 
  7.19  telecommunication industry in implementing this section.  
  7.20     Subd. 2.  [DISTRICT COUNCIL MEMBERSHIP.] District 
  7.21  organizations that coordinate applications for telecommunication 
  7.22  access grants are encouraged to become members of the regional 
  7.23  higher education telecommunication council in their area. 
  7.24     Subd. 3.  [CRITERIA.] In addition to responsibilities of 
  7.25  the council under Laws 1993, First Special Session chapter 2, as 
  7.26  amended, the telecommunications council shall evaluate grant 
  7.27  applications under Minnesota Statutes, section 124C.74 and 
  7.28  applications from district organizations using the following 
  7.29  criteria: 
  7.30     (1) evidence of cooperative arrangements with other 
  7.31  post-secondary institutions, school districts, and community and 
  7.32  regional libraries in the geographic region; 
  7.33     (2) plans for shared classes and programs; 
  7.34     (3) avoidance of network duplication; 
  7.35     (4) evidence of efficiencies to be achieved in delivery of 
  7.36  instruction due to use of telecommunications; 
  8.1      (5) a plan for development of a list of all courses 
  8.2   available in the region for delivery at a distance; 
  8.3      (6) a plan for coordinating and scheduling courses; and 
  8.4      (7) a plan for evaluation of costs, access, and outcomes. 
  8.5      Sec. 3.  Laws 1997, First Special Session chapter 4, 
  8.6   article 9, section 13, is amended to read: 
  8.7      Sec. 13.  [REPEALER.] 
  8.8      (a) Minnesota Statutes 1996, section 124C.74, is repealed 
  8.9   effective July 1, 1999.  
  8.10     (b) Minnesota Statutes 1996, section 134.46, is repealed. 
  8.11     Sec. 4.  [APPROPRIATION.] 
  8.12     $22,000,000 in fiscal year 2000 and $21,000,000 in fiscal 
  8.13  year 2001 is appropriated from the general fund to the 
  8.14  department of children, families, and learning for 
  8.15  telecommunications access grants according to Minnesota 
  8.16  Statutes, section 125B.20.  Any balance in the first year does 
  8.17  not cancel but is available in the second year.  This amount 
  8.18  shall not be included as part of the base for fiscal year 
  8.19  2002-2003. 
  8.20     Sec. 5.  [REVISOR INSTRUCTION.] 
  8.21     In the next and subsequent editions of Minnesota Statutes, 
  8.22  the revisor shall codify section 2 as Minnesota Statutes, 
  8.23  section 125B.21. 
  8.24     Sec. 6.  [EFFECTIVE DATE.] 
  8.25     Section 3 is effective June 30, 1999.