In this subtitle the following words have the meanings indicated. “Computer-based technology” means computer hardware or software used by teachers and students in the delivery of an instructional program. “Eligible consortium” includes a local educational agency and a public or private nonprofit organization. “Instructional programming” means the full range of audio and video text, graphics, or additional state-of-the-art communications distributed through interactive, command and control, or passive methods for the purpose of education and instruction. “Students” means students from a broad range of backgrounds and circumstances, including: Disadvantaged students; Students with diverse racial, ethnic, and cultural backgrounds; Students with disabilities; Students with limited English proficiency; Students who have dropped out of school; and Academically talented students. “Technology” means the latest state-of-the-art technology products and services, including: Closed circuit television systems; Educational television and radio broadcasting; Cable television; Satellite; Copper and fiber-optic transmission; Computer and computer-based technology; Video and audio laser and CD ROM discs; Video and audio tapes or other technologies; and Web-based resources and courses.

The General Assembly finds that: Technology applications can propel the State’s school systems into immediate and dramatic reform, without which the State will not meet the very ambitious National Education Goals; Creative uses of technology can reshape the State’s outdated method of providing education and empower teachers to create an environment where students can be challenged through rigorous, rich classroom instruction at a pace that suits the learning style of each individual student; The acquisition and use of technology in education throughout the State has been enhanced by: The increased exposure of students and teachers to the power of technology as a cost–effective tool to improve student learning and achievement; The ability of the State and county boards to invest in and support needed technologies; The increased networking infrastructure and Internet access in schools and in classrooms; and The increased availability of technology–enhanced curriculum, staff development, and administrative support resources and services in the educational marketplace; Advancements in technology offer new and interesting possibilities to promote new partnerships among teachers, students, parents, communities, and industry in the quest for knowledge and the process for learning; The use of technology will cultivate and maintain a technologically literate citizenry and internationally competitive workforce when used as an essential tool in the learning process; In support of the overall national technology policy, the State Department of Education and the Department of Commerce must assume a vital leadership and coordinating role in providing the State’s vision and strategy to infuse advanced technology throughout all educational programs; State support can ease the burden at the local level by enabling the acquisition of advanced technology, teacher training and support, Web–based distance–learning resources, and market development for new educational products; Continuing professional development for teachers and administrators requires constant access to the latest advancements in technology to keep teachers and administrators excited and knowledgeable about the unfolding opportunities for the classroom; and The increasing use of new technologies and telecommunications systems in business has increased the gap between schooling and workforce preparation.

It is the purpose of this subtitle: To offer incentives and opportunities for creative public and private partnerships within the marketplace to develop state–of–the–art educational technology products and services that promote the use of advanced technologies in the classroom; To avoid duplication and the development of incompatible systems by strengthening and building upon existing telecommunications infrastructure dedicated to educational purposes; To provide Maryland public school students with equal opportunities to develop a strong academic foundation; To facilitate expanded educational choices not otherwise available to Maryland public school students through online courses and services; and To expand professional development opportunities available to educational staff in Maryland public schools through online courses and services.

The State Superintendent may: Procure and develop curriculum-based learning resources using state-of-the-art technologies and techniques designed to increase the achievement levels of all students in all subject areas; Procure and develop long-term comprehensive instructional programming and associated support resources that ensure maximum access by all educational institutions; Develop standards for teachers and other school system employees for the offering of courses or services on the Internet or through other developing technologies; Review courses and courseware to assure quality and alignment with the Maryland content standards and other appropriate standards; Track and issue periodic reports on the type and frequency of courses or services utilized by teachers and other professionals under this section; and Award grants to eligible private or public consortia to enable eligible consortia to develop state-of-the-art technology-enhanced instructional products, resources, and services for use in the classroom, including: The development, production, and distribution of instructional programming for students; Staff development programming for teachers; and Incorporation of creative state-of-the-art applications of technology-enhanced learning resources, such as: Computer software; Databases; Films; Transparencies; Multimedia video and audio discs; Telecommunications; Educational television; Print resources; and Web-based resources and courses. In accordance with Subtitle 10A of this title, the State Superintendent shall award a grant for the implementation of a pilot program to introduce elementary age students to computer technology and train teachers to integrate that technology into their curriculum.

In awarding grants under § 7-904(a) of this subtitle, the State Superintendent shall give priority to applications describing programs or systems that are developed: For statewide application at a reasonable cost; In consultation with classroom teachers; and Through consultation and collaboration with appropriate educational entities to ensure relevance to State content standards and to other appropriate State standards.

Notwithstanding any other provision of law, any royalties or fees paid to any county board or to the Department as a result of assistance provided under this subtitle shall be used by the county board or Department for further development of curriculum-based learning resources authorized under this subtitle. The State Superintendent shall allow an eligible consortium to receive a financial benefit from the distribution of programming assisted under this subtitle. An eligible consortium that receives a financial benefit shall use the benefit: To support further development of curriculum-specific programming; and To provide greater access to a wider audience of educational programming.

The State Superintendent and the Secretary of Commerce may provide assistance to an eligible consortium to enable the eligible consortium to establish, promote, advance, improve, and participate in projects for the purpose of encouraging the understanding and use of technology in connection with education. An eligible consortium assisted under subsection (a) of this section shall develop: An interactive video, audio, and text communications database; Connectivity between elementary and secondary schools, colleges, and universities; A means to provide information to teachers, administrators, parents, and other interested community entities on State and local educational technology initiatives; A staff demonstration project; and A significant contribution and participation from business and industry, local government, teacher associations, administrator associations, regional high technology councils, and community leaders.

The State Superintendent, in collaboration with the Secretary of Commerce, may: Provide direction and support for the conduct of research on advanced educational technologies; Provide support for long–term comprehensive educational applications of advanced high performance computer and communication technologies and video technologies in support of the core subjects of the National Education Goals; Ensure that high performance computing and telecommunications networks (or information highways) are developed with consideration to the needs of elementary and secondary education to facilitate educational uses, to provide access to classrooms and libraries in elementary and secondary schools, and to improve student learning; and Assess the effectiveness of technology in education programs.

The State Superintendent may award grants to or enter into contracts with eligible consortia for research projects intended to develop educational applications using advanced technologies. To obtain a grant or a contract under this section, an eligible consortium shall submit to the State Superintendent an application at the time and in the form that the State Superintendent requires. The State Superintendent shall require an application submitted under paragraph (1) of this subsection clearly to define: The scope and content of the subject matter of the research; and The relevance of the advanced technology to the content for purposes of improving both the educational system and the State’s economic competitiveness.

In this section the following words have the meanings indicated. “Digital tool” means: An online platform; An online course; Information and communication technology services, including software and operating systems, that are directly connected to student instruction; Digital content; or Other digital technologies not requiring sight in an equally effective and integrated manner. “Equivalent access” means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology, including by nonvisual means, so that a student with disabilities can access the same services as a student without disabilities with substantially equivalent ease of use. “Equivalent access” includes: Keyboard controls used for input and synthesized speech; Braille; and Other audible or tactile means used for output. “Nonvisual access” means the ability to receive, use, and manipulate information and operate controls necessary to access information and communications technology through keyboard controls, synthesized speech, braille, or other methods not requiring sight. Beginning with the 2025–2026 school year through the 2027–2028 school year, this section does not apply to the procurement and use of a digital tool that utilizes artificial intelligence, as defined in § 3.5–801 of the State Finance and Procurement Article, to support student learning. The State Superintendent and the Secretary of Disabilities jointly shall ensure that specifications used in all grants and procurement contracts for digital tools require equivalent access for students with disabilities, including blindness, in accordance with the technical standards for electronic and information technology issued under subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2). Specifications used in all grants and procurement contracts for digital tools shall give primary consideration to the pedagogical value of the digital tools. Invitations for bids, requests for proposals, procurement contracts, grants, or modifications to contracts or grants issued by the State or any local school system shall include notice of the equivalent access requirement whenever funds awarded may be used to develop or obtain digital tools. Beginning September 1, 2023, an invitation for bids or request for proposals for a digital tool issued by the State Board or a local school system shall require a vendor to submit an accessibility conformance report that includes a Voluntary Product Accessibility Template. The accessibility conformance report required in subparagraph (i) of this paragraph shall explain how information and communication technology products, including software, electronic content, and support documentation, conform to the most recent Section 508 standards for information technology accessibility under the federal Rehabilitation Act of 1973. A local school system shall establish a process to evaluate a digital tool being considered for development or purchase for conformity with the requirements of this section. The evaluation process established under subparagraph (i) of this paragraph shall include evaluation of the digital tool for equivalent access and nonvisual access by an employee or a contractor of the local school system who: Specializes in accessibility and Web Content Accessibility Guidelines; or Is a blindness specialist who is knowledgeable in accessibility. A procurement contract for a digital tool shall require a vendor to indemnify the State Board or a local school system for liability and costs arising from the failure of the digital tool to meet the requirements of this section. Except as provided in subsection (e)(2) of this section, the State Board or a local school system may not approve a procurement contract for a digital tool that fails to meet the requirements of this section. The State and each local school system shall also ensure that the equivalent access standards are included in guidelines used for design specifications for and evaluation and selection of digital tools. Following an evaluation of digital tools, the State or local school system shall, from among digital tools that offer pedagogical value, prioritize the available product that best meets the specifications and has the greatest functionality for equivalent access for students with disabilities, including blindness. Beginning October 1, 2024, following an evaluation of digital tools, a local school system shall select, from among the available products that offer pedagogical value, the available product that best meets the equivalent access standards and has the greatest functionality for equivalent access for students with disabilities, including blindness. If a local school system determines that a product that meets the equivalent access standards is not available, or if obtaining an available product would fundamentally alter the nature of the instructional activity or would result in an undue burden, the local school system shall notify the Department. After the Department receives a notice under subparagraph (i) of this paragraph, the Department shall consult with the Department of Information Technology and the Department of Disabilities to determine how to proceed. If, after the consultation process, the Department determines that there is an available product that meets the equivalent access standard, a local school system shall obtain that product. If, after the consultation process, the Department determines that there is no available product that meets the equivalent access standards, a local school system may, with the Department’s approval, obtain a product that does not meet the equivalent access standards but provides the best equivalent functionality. A digital tool developed or purchased by a county board for use by the local school system shall include specifications for access for students with disabilities, including nonvisual access, in accordance with the technical standards for electronic and information technology issued under: Subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973; or Any other widely accepted and freely available technical standard. A local school system shall provide a student with disabilities access to digital tools that: Provide equivalent access to and are independently usable by a student with disabilities; and Enable a student with disabilities to acquire the same information, participate in the same interactions, and access the same services as a student without disabilities, with substantially equivalent ease of use. If a local school system finds that a digital tool fails to meet the equivalent access standards under subsection (f) of this section, including nonvisual access, within 18 months after development or purchase of the digital tool, the local school system shall send a written notice to the vendor of the vendor’s failure to comply with the equivalent access standards required under the procurement contract. On receipt of notice from a local school system under subparagraph (i) of this paragraph, a vendor, at the vendor’s expense, shall modify the digital tool to meet the required equivalent access standards within a time frame agreed on by the local school system and the vendor. A vendor that fails to meet the equivalent access standards in accordance with paragraph (1)(ii) of this subsection: Is subject to a civil penalty of: For a first offense, a fine not exceeding $5,000; or For a subsequent offense, a fine not exceeding $10,000; and Shall indemnify the State Board or county board for liability resulting from the use of a digital tool that fails to meet the equivalent access standards under subsection (f) of this section, including nonvisual access. If digital tools are provided to a student without a disability and not to a student with a disability, the State or local school system shall implement an alternative method of instruction, including use of other digital tools, if available, designed to enable a student with a disability to achieve the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation Act of 1973. An online platform, online content, website, web service, webpage, educational resource product, or online curriculum developed or purchased by a county board that is made available to enrolled students of the local school system or online to the public shall comply with the most recent version of the World Wide Web Consortium’s Web Content Accessibility Guidelines. On or before October 1, 2023, and each October 1 thereafter, each local school system shall submit a report to the Department on the accessibility of the digital tools the local school system developed or purchased for use during the immediately preceding fiscal year. The Department shall compile the information received under paragraph (1) of this subsection and make the information available on the Department’s website, including the status of the accessibility of the digital tools used in each local school system. The Department shall: Monitor compliance with the requirements for accessibility of digital tools under COMAR 13A.06.05; Annually update the requirements for accessibility of digital tools under COMAR 13A.06.05; and On or before December 31 each year, report its findings to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.