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Senate Bill No. 248

(By Senators Plymale, Edgell, Dempsey, Minard and Jenkins)


[Introduced February 22, 2005; referred to the Committee

on Education.]


A BILL to amend and reenact §18-2J-6 of the Code of West Virginia, 1931, as amended, relating to the requirement that technology expenditures be made in accordance with the Education Technology Strategic Plan.

Be it enacted by the Legislature of West Virginia:
That §18-2J-6
of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§18-2J-6. Allocation and expenditure of appropriations.
(a) The State Board of Education, regional education service agencies, the Higher Education Policy Commission and state institutions of higher education shall allocate and expend appropriations for technology in the public schools or the state institutions of higher education, as appropriate, in accordance with the Education Technology Strategic Plan, subject to the following:
except that Expenditures from grants which can only be used for certain purposes are not subject to this requirement required to be made in accordance with the plan;
(2) If the Governor's failure to appoint members to the Education Technology Strategic Plan Advisory Committee causes a failure of the development, approval and adoption of a plan in accordance with this article, the requirement that expenditures be made in accordance with the plan is void until the Governor appoints the members and a reasonable amount of time has elapsed to allow for the plan to be developed, approved and adopted; and
(3) For public education, the expenditures shall be made directly, or through lease-purchase arrangements pursuant to the provisions of article three, chapter five-a of this code, or through contractual agreements or grants to county boards and regional education service agencies or any combination of the foregoing options as shall best implement the strategic plan in the most cost effective manner.
(b) Nothing in this section requires any specific level of appropriation by the Legislature.
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