As Amended by House Committee

Session of 2000
Substitute for HOUSE BILL No. 2591 By Committee on Education 3-8

11 AN ACT establishing the state education technology network.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. (a) There is established the state education technology
15 network hereinafter referred to as KAN-ED. ~~KAN-ED shall provide In-~~
16 ~~ternet connectivity and promote technology integration~~ The purpose of
17 KAN-ED shall be to provide internet connectivity with a minimum
18 speed of 128 kilobits per second, distance learning capability and
19 integration of technology into curriculum for school districts, school
20 district interlocal cooperatives, school district cooperatives, nonpublic
21 schools accredited by the state board of education and public li-
22 braries in this state. KAN-ED shall be part of the multi-service, high
23 speed backbone network provided for by the division of information sys-
24 tems and communications under the supervision of the secretary of
25 administration.
26 (b) KAN-ED shall not provide two-way, voice grade commu-
27 nications except as an integral component of a distance learning
28 activity. School districts, school district interlocal cooperatives,
29 school district cooperatives, nonpublic schools accredited by the
30 state board of education and public libraries in this state shall not
31 use KAN-ED to provide internet access to other persons.
32 (c) KAN-ED shall not be limited to technology existing on the
33 effective date of this act and may interconnect or reconfigure as
34 required to facilitate the use of future technology for intercon-
35 nectivity with KAN-ED technology.
36 (d) Nothing in this section shall be construed to prevent serv-
37 ices described in subsection (a) from being provided by any pro-
38 vider using a network other than KAN-ED.
39 Sec. 2. (a) The commissioner of education or the commissioner's
40 designee and the state librarian or the state librarian's designee, after
41 consultation with the chief executive officer of the state board of regents
42 or the chief executive officer's designee, shall prepare an information
43 technology project plan for KAN-ED and jointly shall submit the plan to

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1 the executive chief information technology officer as provided in K.S.A.
2 1999 Supp. 75-7209, and amendments thereto, for preparation and sub-
3 mission of information technology project plans by executive agencies.
4 (b) The information technology project plan prepared and submitted
5 pursuant to this section shall be subject to all provisions of K.S.A. 1999
6 Supp. 75-7201 et seq., and amendments thereto, that are applicable to
7 information technology project plans prepared and submitted by execu-
8 tive agencies.
9 (c) The information technology project plan for KAN-ED shall
10 not provide for: (1) Impairment of any existing contract for the
11 provision of telecommunications service to any school district,
12 school district interlocal cooperative, school district cooperative,
13 nonpublic schools accredited by the state board of education or
14 public library; (2) state ownership or construction of any network
15 circuits or network facilities other than those owned by the state
16 on the effective date of this act; or (3) use of KAN-ED for purposes
17 inconsistent with the purpose provided by section 1, and amend-
18 ments thereto.
19 Sec. 3. (a) There is established the KAN-ED school fund in the state
20 treasury. The KAN-ED school fund shall be administered by the state
21 board of education. All moneys credited to the KAN-ED school fund
22 shall be used for objectives of the information technology project de-
23 scribed in the plan submitted to the executive chief information technol-
24 ogy officer in accordance with the provisions of subsection (a) of section
25 2, and amendments thereto, and approved by the executive chief infor-
26 mation technology officer pursuant to subsection (b)(1) of K.S.A. 1999
27 Supp. 75-7209, and amendments thereto.
28 (b) The KAN-ED school fund shall consist of: (1) Moneys transferred
29 or credited to such fund by or pursuant to acts of the legislature; and (2)
30 grants, gifts and donations of moneys received by the state board of ed-
31 ucation from any public or private entity for use in effectuating the pur-
32 poses of KAN-ED or any other purposes for which expenditures may be
33 made from such fund. All such grants, gifts and donations shall be de-
34 posited in the state treasury to the credit of the KAN-ED school fund.
35 (c) All expenditures from the KAN-ED school fund shall be made in
36 accordance with the provisions of this act and the provisions of appro-
37 priations acts upon warrants of the director of accounts and reports issued
38 pursuant to vouchers approved by the commissioner of education or by
39 the commissioner's designee.
40 Sec. 4. (a) There is established the KAN-ED library fund in the state
41 treasury. The KAN-ED library fund shall be administered by the state
42 librarian. All moneys credited to the KAN-ED library fund shall be used
43 for objectives of the information technology project described in the plan

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1 submitted to the executive chief information technology officer in ac-
2 cordance with the provisions of subsection (a) of section 2, and amend-
3 ments thereto, and approved by the executive chief information technol-
4 ogy officer pursuant to subsection (b)(1) of K.S.A. 1999 Supp. 75-7209,
5 and amendments thereto.
6 (b) The KAN-ED library fund shall consist of: (1) Moneys transferred
7 or credited to such fund by or pursuant to acts of the legislature; and (2)
8 grants, gifts and donations of moneys received by the state library from
9 any public or private entity for use in effectuating the purposes of KAN-
10 ED or any other purposes for which expenditures may be made from
11 such fund. All such grants, gifts and donations shall be deposited in the
12 state treasury to the credit of the KAN-ED library fund.
13 (c) All expenditures from the KAN-ED library fund shall be made in
14 accordance with the provisions of this act and provisions of appropriations
15 acts upon warrants of the director of accounts and reports issued pursuant
16 to vouchers approved by the state librarian or by the state librarian's
17 designee.
18 Sec. 5. All contracts for KAN-ED telecommunications services for
19 school districts, school district interlocal cooperatives, school district co-
20 operatives, nonpublic schools accredited by the state board of ed-
21 ucation and public libraries shall be entered into pursuant to the provi-
22 sions of K.S.A. 75-4701 et seq., and amendments thereto, that are
23 applicable to such contracts. Existing telecommunications facilities
24 may be used in KAN-ED if such facilities are sufficient for the
25 purpose provided by section 1, and amendments thereto.
26 Sec. 6. On or before January 15 of each year the executive
27 chief information technology officer shall prepare and submit a
28 report to the house and senate standing committees on utilities
29 and the house and senate committees on education. Such report
30 shall include a summary of the plan and its implementation and a
31 report of moneys received and expended for KAN-ED.
32 Sec. 7. For purposes of KAN-ED, school districts, school dis-
33 trict interlocal cooperatives, school district cooperatives, non-
34 public schools accredited by the state board of education and pub-
35 lic libraries shall establish policies regarding acceptable use of
36 internet access and filtering of content accessible through the
37 internet.
38 Sec. 8. The Kansas technology enterprise corporation may es-
39 tablish one or more nonprofit organizations to exempt from fed-
40 eral income taxation under section 501 (c)(3) of the federal internal
41 revenue code to accept grants, gifts or donations of moneys for use
42 in effectuating the purposes of KAN-ED.
43 Sec. 6. 9. This act shall take effect and be in force from and after its

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1 publication in the statute book.