Bill Text: AZ HB2733 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Department of education; data collection
Spectrum: Moderate Partisan Bill (Republican 12-2)
Status: (Passed) 2010-05-11 - Governor Signed [HB2733 Detail]
Download: Arizona-2010-HB2733-Introduced.html
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REFERENCE TITLE: department of education; data collection |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2733 |
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Introduced by Representatives Crandall, Ash, Court, Driggs, Pratt: Adams, Goodale, Jones, McComish, McLain, Meyer, Tobin, Waters, Senator Huppenthal
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AN ACT
amending Title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15-249; relating to the department of education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-249, to read:
15-249. Education entities; contract for data collection, compilation and reporting; reports; review; reversion
A. On or before October 31, 2011, the superintendent of public instruction shall enter into a ___ year contract with a public or private entity to administer all the data collection, compilation and reporting duties of the department of education, the state board of education, the state board for charter schools, the school facilities board, the Arizona state schools for the deaf and the blind, the Arizona board of regents and the community college districts in this state as prescribed in this title. The contract shall allow the superintendent of public instruction to renew the contract for two subsequent periods of not more than ____ years each and shall prescribe the circumstances under which the superintendent of public instruction may terminate the contract.
B. Beginning January 1, 2012, the contract shall require the contractor to:
1. Successfully attain performance goals prescribed by the superintendent of public instruction and the joint legislative budget committee relating to improvement of the data collection, compilation and reporting duties prescribed in this title.
2. Develop and maintain a state of the art system that is accessible through commonly used internet web browsers to carry out the data collection, compilation and reporting duties prescribed in this title.
C. To be considered for an award of a contract, the contractor must demonstrate that it has:
1. The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract.
2. The ability to comply with applicable standards.
3. A history of successfully operating and managing data collection, compilation and reporting tasks.
4. A history of successfully delivering services related to data collection, compilation and reporting.
D. The contractor must agree:
1. That this state may cancel the contract at any time after the first year of operation, without penalty to this state, on ninety days' written notice.
2. To be in compliance at all times with state and federal law.
E. A contract may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the contract's effective date. Any adjustment made pursuant to the terms of the contract must be applied to the total payments made to the contractor for the previous contract year and shall not exceed the percentage of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the next previous calendar year. Any price or cost adjustments that are different than those authorized in this subsection may be made only if the legislature specifically authorizes the adjustments and appropriates monies for that purpose, if required.
F. The superintendent of public instruction shall not award a contract pursuant to this section unless:
1. It receives an acceptable proposal pursuant to any request for proposals. For the purposes of this paragraph, "acceptable proposal" means a proposal that substantially meets all of the requirements or conditions prescribed in this section and in the request for proposals.
2. The proposal offers cost savings to this state based on a cost comparison model approved by the joint legislative budget committee.
3. The proposal offers a level and quality of services that equal or exceed those that would be provided by this state.
4. The contractor provides audited financial statements for the previous five years, or for each year the contractor has been in operation if fewer than five years, and provides other financial information as requested.
G. The sovereign immunity of this state does not apply to the contractor. The contractor or any agent of the contractor may not plead the defense of sovereign immunity in any action arising out of the performance of the contract.
H. The contract terms are subject to review by the joint legislative budget committee before placement of any advertisement that solicits a response to a request for proposals. Any proposed modification or amendment to the contract is subject to prior review by the joint legislative budget committee.
I. During its first year of operation under a contract pursuant to this section, the contracting entity shall submit monthly reports to the department and the joint legislative budget committee as prescribed by the department. Thereafter, the contracting entity shall submit quarterly reports to the department and the joint legislative budget committee as prescribed by the department.
J. At the end of the _____ year of the contract, an independent evaluator selected by the superintendent of public instruction shall conduct and complete a performance review to determine if the contracting entity has met the goals specified in the contract. The independent evaluator shall submit a report of its findings to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee on or before May 1, and shall provide a copy of its report to the secretary of state.
K. All appropriated monies that remain unexpended and unencumbered on the expiration date of the contract entered into pursuant to this section revert to the state general fund.
Sec. 2. Task force on data privatization; delayed repeal
A. The task force on data privatization is established consisting of the following members, each of whom shall have expertise in educational technology:
1. Two members who are appointed by the state board of education.
2. Two members who are appointed by the Arizona board of regents.
3. One person who is employed by a community college district in this state and who is appointed by the state board of education.
4. One member who is appointed by the president of the senate.
5. One member who is appointed by the speaker of the house of representatives.
B. The state board of education shall select one of the appointed members to serve as the task force chairperson.
C. The task force shall:
1. Design a request for proposals form to be used by the department of education to solicit proposals from private entities to carry out the purposes of section 15‑249, Arizona Revised Statutes, as added by this act.
2. Submit the request for proposals form to the department of education by March 31, 2011.
D. The task force may use the services and expertise of the staff of the legislature and the staff of the department of education.
E. This section is repealed from and after September 15, 2011.
