701 KAR 5:110. Use of local monies to reduce unmet technology need.


      RELATES TO: KRS 156.670, 157.650, 157.655, 157.660, 157.665, 160.160

      STATUTORY AUTHORITY: KRS 156.070, 156.160

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160 (1)(b) requires the Kentucky Board of Education to promulgate administrative regulations governing the acquisition and use of educational equipment for the schools. KRS 156.670(1) requires the development of the master plan for education technology to outline Commonwealth activities related to the purchase, development, and use of technology. The master plan requires a district to submit a plan and report which describes its educational initiatives that have technology components and their unmet technology need. KRS 157.655 stipulates that a local public school district may participate in the education technology funding program based on the unmet technology need described in the local district plan and approved by the Kentucky Board of Education. Based on review of the unmet technology need, it has been determined that full implementation of the Kentucky Education Technology System (KETS) cannot be funded based solely on offers of assistance from the Education Technology Trust Fund. This administrative regulation establishes the requirements governing the use of local monies to reduce unmet technology need to ensure that all school district technology procurements, in categories for which KETS standards for unmet need have been established, will reduce the unmet technology need regardless of source of funds.


      Section 1. Definitions. (1) "Department" means the Kentucky Department of Education.

      (2) "District education technology plan" means the plan developed by the local school district to address the unmet technology need of the district.

      (3) "Kentucky Education Technology System" or "KETS" means the statewide system set forth in the technology master plan issued by the Kentucky Board of Education and approved by the Legislative Research Commission.

      (4) "Master plan" means the long-range plan for the implementation of the Kentucky Education Technology System approved by the Kentucky Board of Education and the Legislative Research Commission.

      (5) "Unmet technology need" means the total cost of technology, meeting or exceeding the criteria established in the master plan, needed to achieve the capabilities outlined in the approved district education technology plan of the local school district.


      Section 2. Determination of Unmet Need. A local school district shall determine its unmet technology need as part of the education technology planning process. Unmet technology need shall be audited by the department and subject to the approval of the Kentucky Board of Education as part of the state review and assistance calculation process, as provided by the master plan.


      Section 3. Reducing Unmet Need. (1) In categories of unmet technology need, as provided in the 2013-2018 KETS Master Plan, a district shall limit procurements to those which will reduce unmet technology need until the district's unmet technology need no longer exists.

      (2) The department shall assist districts in selecting equipment, software, and services which will reduce the unmet technology need.


      Section 4. Alternative Technology. For technology components for which KETS standards have not been established, a local school district may propose alternative technologies (waivers) in the local district education technology plan, particularly if the technology is proposed to achieve innovation. The department shall respond to the waiver within a three (3) week time period. If denied, the local school district may appeal to the Commissioner of Education.


      Section 5. Incorporation by Reference. (1) The 2013-2018 KETS Master Plan, dated November 2012, is hereby incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, from the Office of Knowledge, Information and Data Services, 15 Fountain Place, Frankfort, Kentucky, 40601, Monday through Friday, 8 a.m. through 4:30 p.m. (20 Ky.R. 886; Am. 2973; eff. 5-18-94; 22 Ky.R. 989; eff. 1-8-96; 24 Ky.R. 2425; 25 Ky.R. 75; eff. 7-13-98; 27 Ky.R. 226; 765; eff. 9-11-2000; 33 Ky.R. 3045; eff. 7-6-2007; 39 Ky.R. 1319; 1693; eff. 3-8-2013.)