HB3123 H ED AM 2-10
The Committee on Education moves to amend the bill by striking
out everything after the enacting section and inserting in lieu
thereof the following:
"ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-9. Computer donation program.
(a) The Legislature finds that:
(1) Some state-owned personal computers could be used by
public school students when they are no longer used by or are being
replaced by a state agency;
(2) Personal computers are vital tools for providing a quality
education;
(3) The Legislature appropriates substantial funds for
purchasing personal computers for public schools;
(4) When a state agency is disposing of personal computers
that could be used by public school students, the most advantageous
disposition is to transfer them to the State Department of
Education for use by public school students.
(b) The Division of Purchasing shall promulgate a legislative
rule pursuant to article three, chapter twenty-nine-a of this code,
to implement the provisions of this section in a coordinated
manner. The rule shall provide for at least the following:
(1) A state agency that is required to dispose of personal
computers with the State Agency for Surplus Property shall notify the Chief Technology Officer prior to disposing of any personal
computer that is four or fewer years old;
(2) The Chief Technology Officer shall examine the personal
computer and determine whether it meets the minimum criteria for
use by public school students established by rule of the State
Board of Education pursuant to this section;
(3) When the Chief Technology Officer determines that a
personal computer meets the minimum criteria for use by a public
school student, he or she shall identify the personal computer to
the State Agency for Surplus Property and the Department of
Education; and
(4) Notwithstanding section forty-five, article three of this
chapter, the State Agency for Surplus Property shall reserve any
personal computer so identified by the Chief Technology Officer for
at least thirty days for transfer to the Department of Education.
(c) The State Board of Education shall promulgate a rule in
accordance with article three-b, chapter twenty-nine-a of this code
to implement the provisions of this section. The rule shall
provide for at least the following:
(1) Criteria for determining whether personal computers are
suitable for use by public school students;
(2) A method for notifying county boards of education and
parents of eligible students of the availability of personal
computers;
(3) Criteria for determining student financial need;
(4) A standard for determining student eligibilty based on greatest level of financial need;
(5) A method for distributing available personal computers on
a fair and equitable basis among eligible students;
(6) A process for ensuring that all confidential information
and any program or other information necessary to preserve a
proprietary or licensing agreement is removed from any hardware or
software to be donated; and
(7) A method for reporting the number and socio-economic
characteristics of student recipients.
(d) County boards of education may donate obsolete hardware
and software to be replaced through the state basic skills and
Student Utilization of Computers in Curriculum for Enhancement of
Scholastic Skills programs to public school students in accordance
with the State Board of Education rule required by this section.
(e) Nothing in this section obligates the state or any county
board of education for the serviceability of any personal computer
donated pursuant to this section.
(f) As used in this section, "personal computer" includes
information systems, technology and equipment that are suitable for
use by public school students."