45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO EDUCATION; AMENDING SECTIONS OF THE TECHNOLOGY FOR EDUCATION ACT TO ALLOW LEASES OF EDUCATIONAL TECHNOLOGY TO ACCREDITED PRIVATE SCHOOLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Technology for Education Act is enacted to read:

"[NEW MATERIAL] EDUCATIONAL TECHNOLOGY LEASE PROGRAM FOR ACCREDITED PRIVATE SCHOOLS.--

A. An accredited private school may submit an application to the bureau to lease educational technology, including software technology, for the benefit of its students. The bureau shall approve the application and lease the educational technology to the accredited private school at fair market value if:

(1) the bureau has approved the accredited private school's technology plan;

(2) the accredited private school has established and implemented an effective review and monitoring process by its own staff members and experts in the field of educational technology; and

(3) the bureau has determined that the accredited private school will be responsible for distribution of the software technology and other educational technology for use by its students and for the safekeeping of the technology.

B. The lease agreement between the bureau and the accredited private school shall contain such terms and conditions as are set by rule of the state board.

C. The annual amount expended on educational technology leased to an accredited private school shall not exceed the amount that the accredited private school would have received as a school district pursuant to Section 22-15A-9 NMSA 1978 if its students were qualified students.

D. The bureau may expend the educational technology fund to purchase software technology and other educational technology leased pursuant to this section, and revenues received from the lease of the technology shall be deposited in the educational technology fund."

Section 2. Section 22-15A-2 NMSA 1978 (being Laws 1994, Chapter 96, Section 2) is amended to read:

"22-15A-2. DEFINITIONS.--As used in the Technology for Education Act:

A. "accredited private school" means a school that has been accredited in compliance with a state board-approved process and accrediting agency;

[A.] B. "bureau" means the education technology bureau in the department of education;

[B.] C. "chief" means the chief of the bureau;

[C.] D. "council" means the council on technology in education; [and

D.] E. "educational technology" means tools used in the educational process that constitute learning resources and may include closed circuit television systems, educational television and radio broadcasting, cable television, satellite, copper and fiber optic transmission, computer, [video and audio laser and CD ROM discs, video and audio tapes] software technology or other technologies and the training, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in classrooms and library and media centers; and

F. "software technology" means computer software, video and audio laser and CD-ROM discs or videotapes and audiotapes used to enhance learning by students and that do not purport to teach religious tenets, doctrines or worship."

Section 3. Section 22-15A-4 NMSA 1978 (being Laws 1994, Chapter 96, Section 4) is amended to read:

"22-15A-4. BUREAU DUTIES.--In accordance with the policies and [regulations] rules of the state board, the bureau shall:

A. administer the provisions of the Technology for Education Act;

B. develop a statewide plan for the integration of educational technology into the public schools and accredited private schools and coordinate technology-related education activities with other state agencies, the federal government, business consortia and public or private agencies or individuals;

C. assist school districts and accredited private schools to develop and implement a strategic, long-term plan for utilizing educational technology in the school system;

D. upon approval of a school district's technology plan, make distributions to school districts from the educational technology fund;

E. recommend funding mechanisms that will support the development and maintenance of an effective educational technology infrastructure in the state;

F. promote collaboration among government, business, educational organizations and telecommunications entities to expand and improve the use of technology in education;

G. assess and determine the educational technology needs of school districts and accredited private schools; and

H. provide staff support for and coordinate the activities of the council."

Section 4. Section 22-15A-7 NMSA 1978 (being Laws 1994, Chapter 96, Section 7) is amended to read:

"22-15A-7. COUNCIL DUTIES.--The council shall:

A. advise the bureau on implementation of the provisions of the Technology for Education Act;

B. work with the bureau to conduct periodic assessments of the need for educational technology in the public school system and in accredited private schools and make recommendations to the state board on how to meet those needs;

C. promote the collaborative development and implementation of educational technologies, projects and practices to enhance instruction capabilities;

D. develop and recommend to the state board a statewide plan to infuse educational technology into the public school system and in accredited private schools in support of state and national education goals; and

E. provide assistance to the bureau in review of school district and accredited private school technology plans."