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(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

State Department of Public Education (SDE)

SUMMARY

Synopsis of Bill

House Education Committee Substitute for House Bill 543 amends the Technology For Education Act to allow accredited private schools to receive a distribution from the Educational Technology Fund and further defines an accredited private school in the act. This bill also appropriates $82.0 to SDE for the purpose of administering the provisions of the Technology for Education Act.

Significant Issues

This bill enacts a new section of the Technology For Education Act to provide that any qualified student or person eligible to become a qualified student attending an accredited private school in any grade from 1^st through 12^th grade is entitled to the free use of software technology.

This bill defines software technology as: computer software; video and audio laser and CD ROM discs; video and audio tapes used to enhance learning by students that do not purport to teach religious tenets, doctrines or worship.

House Education Committee Substitute for House Bill 543 also alters the composition of the Council on Technology in Education to include one member from the accredited private school sector and one member at large. The Council's duties would be expanded to include accredited private schools.

According to SDE, the assistance provided to accredited private schools may be in conflict with the anti-donation clause of Article IX, Section 14 which provides that "neither the state nor any county, school district or municipality, except as otherwise provided in this constitution, shall directly or indirectly lend or pledge its credit or make any donation to or in aid of any person, association or public or private institution...". The department indicates that the provisions of this bill differ from the Instructional Material Law in that funds are distributed to private schools on a reimbursement basis for instructional material included on the multiple list. For purposes of instructional materials, the multiple list is a written list of instructional materials approved by the State Board of Education. This bill does not contain a provision for a multiple list which would specify allowable software technology items that may be purchased by schools.

FISCAL IMPLICATIONS

This bill appropriates $82.0 to SDE for expenditure in fiscal year 2000. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.

The FY99 appropriation to the Educational Technology Fund is $4,400.0. Pursuant to the act, funding is distributed to school districts on a per pupil basis. The distribution for the current fiscal year is $14.08 per public school student.

According to SDE, in 1998-99 there are 23,968 students enrolled in private schools. This bill requires that the distribution to accredited private schools shall be calculated on a one-half full-time-equivalent basis. Based on the current year distribution rate of $14.08 per student and the number of students enrolled in private institutions, an additional $168.7 would be required to maintain funding at the current level.

ADMINISTRATIVE IMPLICATIONS

SDE indicates that the administrative impact on the agency would be significant. The department would be required to administer the funds, review technology plans and required annual reports for 131 accredited private schools.

TECHNICAL ISSUES

SDE notes the following technical issue: Section 1 of the bill allows the free use of software technology for accredited private schools; however, Section 6(D) provides that an accredited private school receiving funding pursuant to the Technology for Education Act is responsible for the purchase, distribution, use and maintenance of educational technology, thus not limiting the use of the funds to software technology.

OTHER SUBSTANTIVE ISSUES

According to SDE, private schools are accredited through a State Board of Education approved educational accrediting agency. Department staff does not monitor site, policies, or curriculum of private schools accredited through an approved educational accrediting agency.

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