Senate Bill No. 248
(By Senators Plymale, Edgell, Dempsey, Minard and Jenkins)
[Introduced February 22, 2005; referred to the Committee
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:
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2J. PUBLIC AND HIGHER EDUCATION TECHNOLOGY STRATEGIC PLAN.
§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.
(NOTE: The purpose of this bill is to, under a certain
circumstance, temporarily void the requirement that technology
expenditures be made in accordance with the Education Technology
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would