A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "FISCAL RESPONSIBILITY IN K-12 TECHNOLOGY PLANNING ACT" BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 so as TO REQUIRE LOCAL EDUCATION AGENCIES TO EVALUATE AND CONSIDER TOTAL OWNERSHIP COSTS AND FLEXIBILITY FOR INNOVATION AND ACCESSIBILITY WHEN ACQUIRING TECHNOLOGY, TO MANDATE ANNUAL REPORTING OF SCHOOL TECHNOLOGY DEVICE BREAK/FIX RATES AND RELATED DATA, AND TO DIRECT THE STATE BOARD OF EDUCATION TO COMPILE AND REPORT STATEWIDE FINDINGS, PROMULGATE RELATED REGULATIONS, AND PROVIDE GUIDANCE AND SUPPORT TO SCHOOL DISTRICTS IN THE IMPLEMENTATION OF THE PROVISIONS OF THIS ACT, AMONG OTHER THINGS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "Fiscal Responsibility in K-12 Technology Planning Act."

 

SECTION 2.  Chapter 23, Title 59 of the S.C. Code is amended by adding:

 

Article 5

 

Fiscal Responsibility in K-12 Technology Planning

 

    Section 59-23-510. For the purposes of this article:

    (1) "Break/fix rate" means the percentage obtained by dividing the number of school technology devices reported as malfunctioning or needing repair due to physical damage, hardware failure, or other breakage incidents prior to the stated life cycle period, not covered by insurance or a policy plan period, by the total number of school technology devices in operation during that period.

    (2) "School technology device" means any electronic or computerized equipment provided for educational purposes in a public school, including computers, tablets, interactive whiteboards, and similar devices or anything considered a digital device for purposes of a K-12 technology report by the State Board of Education required in Section 59-23-520(C).

    (3) "Total cost of ownership assessment" means an assessment that, for the expected performance period or useful life of the school technology device being assessed, considers all of the following, as applicable:

       (a) the cost of acquisition, including purchase price or lease payments;

       (b) the cost of deployment and configuration, including device setup, imaging, enrollment, and integration with existing systems;

       (c) the cost of operation and management, including licensing, subscriptions, device management, security, and connectivity;

       (d) the cost of maintenance, support, damage repair, and warranties or protection plans;

       (e) the cost of necessary training for staff to use and support the technology;

       (f) any anticipated downtime or disruption to instruction or operations reasonably associated with the use or failure of the technology;

       (g) any anticipated residual, resale, or salvage value at the end of the technology's expected performance period, including value realized through a trade-in or buyback program, and net of reasonable transaction costs; and

       (h) any other factors the State Board of Education determines to be relevant to achieving best value over the life of the technology.

 

    Section 59-23-520. (A) All local education agencies, including charter authorizers, to evaluate the following when acquiring technology, computer hardware and software:

       (1) the total cost of ownership assessment;

       (2) any flexibility for innovation and accessibility during the life of the technology, computer hardware or software;

       (3) any anticipated resale or salvage value at the end of the target life cycle for the technology, computer hardware or software based on the average resale or salvage value of similar technology, computer hardware or software as a percentage of the initial cost of purchase; and

       (4) the security of the technology, including protection of pupil and employee data and the ability to maintain timely security updates.

    (B) By August 15, 2027 and annually before every August fifteenth thereafter, each local education agency, to include charter school authorizers, shall submit a report to the State Board of Education. The initial report must include data from the 2026-2027 School Year and contain the following information:

       (1) the break/fix rate of the school technology devices in the local education agency for the previous school year;

       (2) the total number of school technology devices currently in operation in the local education agency;

       (3) the total number of school technology devices in the local education agency requiring repair that underwent repair or were no longer in service during the previous school year;

       (4) the total amount of funds spent to repair or replace school technology devices during the previous school year; and

       (5) the above items disaggregated to include individual schools operating under the authority of the local education agency.

    (C) By November 15, 2027, and annually before every November fifteenth thereafter, the State Board of Education shall report on the break/fix rate of school technology devices across all local education agencies based on the reports submitted by the agencies in accordance with this section. This K-12 technology report must:

       (1) include a summary of the data reported by each local education agency and contain recommendations to reduce break/fix rates in the future; and

       (2) be submitted to the House Education and Public Works Committee and the Senate Education Committee.

 

    Section 59-23-530. The State Board of Education shall:

    (1) promulgate regulations to effectuate the provisions of this act to ensure the regulations may take effect before July 1, 2027; and

    (2) provide guidance and support to school districts in the implementation of the provisions of this act.

 

SECTION 3.  This act takes effect upon approval of the Governor and is applicable beginning with the 2027-2028 School Year.

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