170.250. Video instructional development and educational opportunity program, established, purpose--fund established, uses--advisory committee, members, expenses--administration of program grants--hea - Missouri Statutes

Video instructional development and educational opportunity program,established, purpose--fund established, uses--advisory committee,members, expenses--administration of program grants--health careproviders to be furnished courses, when--availability of instructionalprograms--local telephone company, tariff filing, provision ofservice, rates.

170.250. 1. The "Video Instructional Development and EducationalOpportunity Program" is established to encourage all educationalinstitutions in Missouri to supplement educational opportunities throughtelecommunications technology and satellite broadcast instruction. Theprogram established by this section is to be administered by the stateboard of education. The program shall consist of:

(1) Grants to local school districts, state-supported institutions ofhigher education and public television stations as defined in section37.205, RSMo, for equipment and instruction;

(2) Instructional programs developed pursuant to this section andtransmitted through the airwaves, over telephone* lines, or by cabletelevision which are available for all residents of this state withoutcharge as defined in this section; and

(3) Instructional programs developed pursuant to this section whichare available to any subscriber according to this section.

2. The "Video Instructional Development and Educational OpportunityFund" is established in the state treasury and shall be administered by thedepartment of elementary and secondary education at the direction of thestate board of education. Moneys deposited in the fund shall consist ofrevenues generated from state sales and use tax revenues as provided inchapter 144, RSMo, on the rental of films, records or any type of sound orpicture transcriptions as provided in subsection 3 of this section andshall include four million dollars transferred to the fund annually.Moneys in the fund shall be used solely for purposes established by thissection.

3. Within the department of elementary and secondary education, thereis established an advisory committee which shall make recommendations tothe state board of education on the grant program. The committee shall becomposed of twenty-nine members. The members of the committee shallconsist of one representative of public television stations as defined insection 37.205, RSMo, and one representative of the cable televisionindustry appointed by the state board of education, one representative ofpublic television stations as defined in section 37.205, RSMo, and onerepresentative of the cable television industry appointed by thecoordinating board for higher education, three classroom teachers from theelementary and secondary level appointed by the state board of education,three school administrators of elementary or secondary schools appointed bythe state board of education, three members of school boards of localpublic school districts appointed by the state board of education, fourrepresentatives from public community college districts appointed by thecoordinating board for higher education, four representatives ofstate-supported institutions of higher education other than communitycolleges appointed by the coordinating board for higher education, onerepresentative of the regional consortium for education and technologyappointed by the state board of education, one representative of thecooperating school districts of the St. Louis suburban area appointed bythe state board of education, two representatives of the public appointedby the governor with the advice and consent of the senate, two members ofthe senate appointed by the senate president pro tem and two members of thehouse of representatives appointed by the speaker of the house ofrepresentatives. Of all members appointed by the state board of education,no more than four shall be from any one congressional district and of allthe members appointed by the coordinating board for higher education, nomore than four shall be from any one congressional district. The membersof the committee shall serve three-year terms and shall not serve more thantwo terms consecutively. However, committee members having served twoconsecutive terms may be reappointed after leaving the committee for atleast one three-year term. On August 28, 1992, the committee shalldesignate nine of its members to serve a term of one year, ten of itsmembers to serve a term of two years, and ten of its members to serve aterm of three years. All subsequent appointments shall be for three years.All members shall receive no compensation for their services, but shall bereimbursed for the actual and necessary expenses incurred while serving onthe committee out of funds appropriated for that purpose. The committeeshall meet at least quarterly and shall annually issue a report togetherwith its recommendations to the state board of education and the generalassembly.

4. The state board of education may cooperate with existing programsincluding the University of Missouri, other institutions of highereducation, the cooperating school districts of the St. Louis suburban area,or its successor organization, the regional consortium for education andtechnology or its successor organization, and any statewide organization ofpublic school governing boards and may delegate or contract for theperformance or operation of the respective grant programs. The state boardof education shall establish appropriate guidelines for participation bythe aforementioned entities and by school districts, community collegedistricts, and public television stations as defined in section 37.205,RSMo, in the grant program. Such guidelines shall include applicationprocedures and shall establish policies for awarding grants in the eventthat more grant applications are received than are funds available to honorthe applications in any fiscal year. In allocating funds to applicants,the state board of education may give due consideration to revenuesavailable from all other sources. The state board of education shallaccredit courses offered through this program at the elementary andsecondary education level. The coordinating board for higher educationshall approve courses taught at the postsecondary level.

5. In any fiscal year, moneys in the fund shall be used first toensure that any and all school districts, community college districts andstate institutions of higher education seeking aid under this program shallreceive telecommunications equipment including computers and modemsnecessary to participate in the satellite learning process or instructionaltelevision video; second to provide the school districts, community collegedistricts and state institutions of higher education with access tosubjects at the advanced level or the remedial level or which are nottaught in the schools of the district or the service area or campus, whichsubjects shall include courses in continuing education necessary formaintenance or renewal of licenses for all such licensed health careproviders; and third to provide enrichment classes for all pupils of thedistrict. However, the state board of education may set aside a portion ofthe funds to be used to contract with state-supported institutions ofhigher education and public television stations as defined in section37.205, RSMo, to develop instructional programs for grades kindergartenthrough twelve and for undergraduate and graduate course work suitable forbroadcast to the school districts, community college districts and stateinstitutions of higher education as appropriate and to develop thecapability to transmit programs cited in this section.

6. Participation by a local school district, a community collegedistrict or a state institution of higher education in the programestablished by this section shall be voluntary. No school district,community college district or state institution of higher educationreceiving funds under this program shall use those funds for any purposeother than that for which they were intended. Any school district,community college district or state institution of higher education shallbe eligible to receive funds under this program regardless of itscurriculum, local wealth or previous contractual arrangements to receivesatellite broadcast instruction.

7. The office of administration on behalf of the state of Missourimay contract with institutions of higher education for the development oroperation or both of state employee training programs transmitted bytelecommunications technology.

8. Instructional programs developed pursuant to this section whichare transmitted one way through the airwaves or by cable television shallbe available to all residents of this state without charge or fee to theextent permitted by the Missouri Constitution. "Without charge or fee"shall not require the providing of equipment to transmit or receivetelecommunications instruction or the providing of commercial cabletelevision service. If the instructional program involves two-way,interactive communication between the instructor and the participant, thedistrict or institution operating the program may prescribe academicprerequisites and limit the number of persons who may enroll in thespecific program and give preference to residents of the district orinstitutional attendance area who are age twenty-one or younger but shallnot discriminate against any resident on any other basis. A fee may becharged which shall be paid directly by the individual participant, but thefee shall be equal for all participants. If a subscription fee is chargedby the originator of the program, the district or institution may pay thesubscription fee for all participants from the grant pursuant to thissection or from any other public or private fund legally authorized to beused for this purpose. Printed materials designed to facilitate orcomplement telecommunications programs or electronic reproductions thereofmay be made available for loan by the school district, community college orinstitution of higher education through the public library system subjectto the normal rules and regulations of the lending system and in suchquantities as may be approved by the governing body of the district orinstitution. Instructional programs which involve two-way, interactivecommunication between the instructor and the participant shall also beavailable to any not-for-profit organization in this state which is exemptfrom taxation pursuant to subdivision (19) of subsection 2 of section144.030, RSMo, upon payment of a reasonable subscription fee as determinedby the state board of education. Such fees shall be set on aper-participant, per-course basis. The district or institution or thestate board of education may make telecommunication equipment available forpurchase at cost by or rental to any not-for-profit organization in thisstate which is exempt from taxation pursuant to subdivision (19) ofsubsection 2 of section 144.030, RSMo.

9. (1) In order to facilitate or complement telecommunications,local exchange telecommunications companies shall file with the publicservice commission tariffs for provision of local service to public schooldistricts, and may file tariffs for provision of local service toaccredited primary or secondary schools owned or operated by privateentities and community college districts located within the local exchangetelecommunications companies certified area. Such local exchangetelecommunications companies shall seek commission authorization to providelocal service at rates lower than those charged for business andresidential service in effect when the tariff is filed, provided that theproposed rates may not be below the actual cost of providing the service.Upon approval of the public service commission, the rates shall not beclassified as discriminatory for the purposes of chapter 392, RSMo.

(2) The public service commission may approve the tariff assubmitted, or may, after hearing, modify the tariff in the public interest.The commission may promulgate rules to aid in the implementation of thissection.

(L. 1988 S.B. 709 § 1, A.L. 1990 S.B. 765, A.L. 1992 S.B. 485, A.L. 1994 S.B. 450, A.L. 1996 S.B. 507, A.L. 1998 S.B. 781, A.L. 2000 S.B. 944)

*Word "telephones" appears in original rolls.