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SB-544 School districts contracting.(2017-2018)

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Date Published: 07/05/2017 09:00 PM
SB544:v96#DOCUMENT

Amended  IN  Assembly  July 05, 2017
Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 544


Introduced by Senator McGuire

February 16, 2017


An act to add and repeal Section 60640.5 of the Education Code, relating to pupil assessments. An act to amend Section 20111 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


SB 544, as amended, McGuire. Pupil assessments: evaluation of formative assessment tools. School districts contracting.
Existing law requires the governing board of any school district to let contracts for the purchase of equipment, materials, or supplies to be furnished, leased, or sold to the district, services other than construction services, and certain repairs, involving an expenditure of more than $50,000, and to let contracts for public projects, as defined, involving an expenditure of $15,000 or more, to the lowest responsible bidder who gives security as the governing board requires.
This bill would require procurement bid solicitations and awards made by a school district for purchases in support of federal nonprofit child nutrition programs to be consistent with certain federal procurement standards. The bill would require awards to be let to the most responsive and responsible party, and would require price to be the primary consideration, but not the only determining factor.

Existing law establishes the California Assessment of Student Performance and Progress as the statewide system of pupil assessments. Existing law requires the Superintendent of Public Instruction, on or before March 1, 2016, to submit to the State Board of Education and specified other entities recommendations on expanding the California Assessment of Student Performance and Progress to include additional assessments in accordance with specified requirements.

This bill would require the State Department of Education, pursuant to the recommendations specified above, to establish a process for identifying and evaluating locally developed formative assessment tools, as defined, and locally developed high-quality assessments, as defined. The bill would require the department to prioritize the evaluation of formative assessment tools aligned with the Next Generation Science standards and specified English language development standards and would require the department to prioritize the evaluation of high-quality assessments aligned with specified career technical education standards and the English language development standards. The bill would require the department to consult with stakeholders with subject matter expertise in establishing these processes and would require the department to provide state-supported locally developed formative assessment tools and locally developed high-quality assessments to local educational agencies. The bill would specify that these provisions are operative only to the extent that funding is provided in the annual Budget Act or another statute, and would repeal the provisions on July 1, 2019.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 20111 of the Public Contract Code is amended to read:

20111.
 (a) (1)  The governing board of any school district, in accordance with any requirement established by that governing board pursuant to subdivision (a) of Section 2000, shall let any contracts involving an expenditure of more than fifty thousand dollars ($50,000) for any of the following:

(1)

(A) The purchase of equipment, materials, or supplies to be furnished, sold, or leased to the district.

(2)

(B) Services, except construction services.

(3)

(C) Repairs, including maintenance as defined in Section 20115, that are not a public project as defined in subdivision (c) of Section 22002.

The contract

(2) The governing board shall be let the contract to the lowest responsible bidder who shall give security as the board requires, or else reject all bids.
(b) (1) The governing board shall let any contract for a public project, as defined in subdivision (c) of Section 22002, involving an expenditure of fifteen thousand dollars ($15,000) or more, to the lowest responsible bidder who shall give security as the board requires, or else reject all bids. All bids for construction work shall be presented under sealed cover cover, and shall be accompanied by one of the following forms of bidder’s security:

(1)

(A) Cash.

(2)

(B) A cashier’s check made payable to the school district.

(3)

(C) A certified check made payable to the school district.

(4)

(D) A bidder’s bond executed by an admitted surety insurer, made payable to the school district.

Upon

(2) Upon award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the school district beyond 60 days from the time the award is made.
(c) Procurement bid solicitations and awards made by a school district approved to operate at least one federal nonprofit child nutrition program for purchases in support of those programs shall be consistent with the federal procurement standards in Sections 200.318 to 200.326, inclusive, of Part 200 of Title 2 of the Code of Federal Regulations. These awards shall be let to the most responsive and responsible party. The price shall be the primary consideration, but not the only determining factor.

(c)

(d) This section applies to all equipment, materials, or supplies, whether patented or otherwise, and to contracts awarded pursuant to subdivision (a) of Section 2000. This section shall not apply to professional services or advice, insurance services, or any other purchase or service otherwise exempt from this section, or to any work done by day labor or by force account pursuant to Section 20114.

(d)

(e) Commencing January 1, 1997, the Superintendent of Public Instruction shall annually adjust the dollar amounts specified in subdivision (a) to reflect the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the prior fiscal year. The annual adjustments shall be rounded to the nearest one hundred dollars ($100).

SECTION 1.Section 60640.5 is added to the Education Code, to read:
60640.5.

(a)Pursuant to recommendations developed under subdivision (c) of Section 60640, the department shall do the following:

(1)Establish a process for identifying and evaluating locally developed formative assessment tools, as defined in subdivision (m) of Section 60603, that support implementation of a comprehensive assessment system. The department shall prioritize the evaluation of formative assessment tools aligned with the Next Generation Science standards adopted pursuant to former Section 60605.85, as that section read on June 30, 2014, and formative assessment tools aligned with the English language development standards adopted pursuant to Section 60811.

(2)Establish a process for identifying and evaluating locally developed high-quality assessments, as defined in subdivision (n) of Section 60603, including, but not limited to, classroom assessments, performance tasks, diagnostic assessments, and interim assessments. The department shall prioritize the evaluation of high-quality assessments aligned with the career technical education standards developed pursuant to Section 51226 and high-quality assessments aligned with the English language development standards adopted pursuant to Section 60811.

(b)In establishing the processes in subdivision (a), the department shall consult with stakeholders with expertise in the subject matter, including, but not necessarily limited to, classroom teachers and administrators. For career technical education assessments, the department shall consult with relevant stakeholders in business and industry.

(c)The department shall provide the locally developed formative assessment tools and the locally developed high-quality assessments to local educational agencies for their educators’ use.

(d)The locally developed formative assessment tools and locally developed high-quality assessments identified and evaluated pursuant to this section may cover subjects approved by the state board, including, but not necessarily limited to, English language development, career technical education, science, visual and performing arts, world languages, and technology.

(e)This section shall be operative only to the extent that funding is provided in the annual Budget Act or another statute for purposes of this section.

(f)This section shall remain in effect only until July 1, 2019, and as of that date is repealed.