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AB-251 Public contracts: school districts: bidding requirements.(2011-2012)



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AB251:v97#DOCUMENT

Amended  IN  Assembly  January 04, 2012
Amended  IN  Assembly  March 15, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 251

Introduced  by  Assembly Member Fuentes

February 03, 2011

An act to add Section 52372.6 to, and to add and repeal Section 46308 of, the Education Code, relating to high schools. An act to amend, repeal, and add Section 20111.5 of, and to add and repeal Section 20111.6 of, the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 251, as amended, Fuentes. High schools: career technical education. Public contracts: school districts: bidding requirements.
Under existing law, the governing board of a school district may require each prospective bidder for specified contracts to submit a standardized questionnaire and financial statement, including information relating to financial ability and experience in performing public works, which is required to be verified under oath. Existing law further requires a school district requiring the above information to adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, as specified.
This bill, until January 1, 2018, would require the questionnaire and uniform system of rating bidders described above to cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations, as specified. This bill would provide that the questionnaire and uniform system of rating bidders described above shall not preclude the governing board of the district from prequalifying or disqualifying a subcontractor. This bill would provide that these provisions shall not apply to school districts with an average daily attendance of less than 2,500.
This bill, until January 1, 2018, would also require the governing board of the district, except for school districts with an average daily attendance of less than 2,500, for certain public projects, if the governing board of the district chooses not to follow the uniform system of rating bidders described above, to use other procedures, which require a standardized questionnaire and financial statement to be verified under oath, for bidding applicable to public entities, as prescribed. The bill would also require the Director of Industrial Relations, on or before January 1, 2017, to submit a report to the Legislature evaluating whether labor violations have decreased, as specified, and to recommend improvements to the system for prequalifying contractors and subcontractors on school district projects. By expanding the scope of an existing crime and by imposing new duties on local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, with regard to certain mandates, no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)Existing law defines a “multiple pathway program” as a multiyear, comprehensive high school program of integrated academic and technical study that ensures that all pupils have curriculum choices that prepare them for career entry and a full range of postsecondary options. Existing law requires the Superintendent of Public Instruction, in conjunction with specified entities, to develop a report on the feasibility of establishing and expanding multiple pathway programs. Under existing law, multiple pathway programs created for high schools include partnership academies, regional occupational centers and programs, charter schools, academies, small learning communities, and other career-themed small schools.

Existing law authorizes a school district that maintains a high school to provide work experience education, as defined. Existing law prohibits attendance in work experience classes or programs maintained by a regional occupational center or program from receiving apportionments from state funds based on average daily attendance unless those classes or programs are in conformance with specified standards, and it limits the number of hours of attendance per calendar week that a pupil enrolled in a vocational education class using the cooperative vocational education methodology conducted by a regional occupational center or program may be credited with.

The bill, commencing with the 2012–13 school year and until July 1, 2018, would make a school district with an integrated academic and workforce approach to high school reform or a work-based learning initiative eligible to apply to receive state funding based on minimum weekly attendance instead of average daily attendance for pupils enrolled in its work-based learning or multiple pathway programs, or both. The bill would prohibit a school district and a high school from using minimum weekly attendance to reduce the number of days instruction is offered or that a pupil is required to be in attendance at school or a work-based learning opportunity. The bill would require the school district to report annually to the State Department of Education the academic and workforce preparation progress of pupils enrolled in its work-based learning or multiple pathway programs, or both. The bill would require the Superintendent to determine the minimum number of instructional hours per week that constitute weekly attendance in a specified manner and to calculate a revenue limit for each school district using that minimum weekly attendance.

(2)Existing law authorizes the governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, to request the State Board of Education to waive all or part of any statute in the Education Code or any regulation adopted by the state board that implements a provision of that code except as specified.

This bill would authorize the Superintendent, upon application of a school district and for the operation of a multiple pathway program, to waive any provisions of the Education Code, other than those relating to earthquake safety. The bill would place specified reporting requirements on a school district as a condition of receiving that waiver and would authorize the Superintendent to repeal a waiver if the school district is not achieving specified progress.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 20111.5 of the Public Contract Code is amended to read:

20111.5.
 (a) The governing board of the district may require that each prospective bidder for a contract, as described under Section 20111, complete and submit to the district a standardized questionnaire and financial statement in a form specified by the district, including a complete statement of the prospective bidder’s financial ability and experience in performing public works. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection.
(b) Any school district requiring prospective bidders to complete and submit questionnaires and financial statements, as described in subdivision (a), shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, in order to determine the size of the contracts upon which each bidder shall be deemed qualified to bid.
(c) The questionnaire described in subdivision (a), and the uniform system of rating bidders described in subdivision (b), shall cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations pursuant to subdivision (a) of Section 20101.

(c)

(d) Each prospective bidder on any contract described under Section 20111 shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be disregarded.

(d)

(e) A proposal form required pursuant to subdivision (c) (d) shall not be accepted from any person or other entity who that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (a), but has not done so at least five days prior to the date fixed for the public opening of sealed bids or has not been prequalified, pursuant to subdivision (b), for at least one day prior to that date.

(e)

(f) Notwithstanding subdivision (d) (e), any school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and may authorize that prequalification to be considered valid for up to one calendar year following the date of initial prequalification.
(g) This section shall not preclude the governing board of the district from prequalifying or disqualifying a subcontractor. The disqualification of a subcontractor by the governing board of the district does not disqualify an otherwise prequalified contractor.
(h) The amendments made by the act adding this subdivision shall not apply to a school district with an average daily attendance of less than 2,500.
(i) This section shall become inoperative on January 1, 2018, and, as of July 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before July 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 2.

 Section 20111.5 is added to the Public Contract Code, to read:

20111.5.
 (a) The governing board of the district may require that each prospective bidder for a contract, as described under Section 20111, complete and submit to the district a standardized questionnaire and financial statement in a form specified by the district, including a complete statement of the prospective bidder’s financial ability and experience in performing public works. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection.
(b) Any school district requiring prospective bidders to complete and submit questionnaires and financial statements, as described in subdivision (a), shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, in order to determine the size of the contracts upon which each bidder shall be deemed qualified to bid.
(c) Each prospective bidder on any contract described under Section 20111 shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be disregarded.
(d) A proposal form required pursuant to subdivision (c) shall not be accepted from any person or other entity that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (a), but has not done so at least five days prior to the date fixed for the public opening of sealed bids or has not been prequalified, pursuant to subdivision (b), for at least one day prior to that date.
(e) Notwithstanding subdivision (d), any school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and may authorize that prequalification to be considered valid for up to one calendar year following the date of initial prequalification.
(f) This section shall become operative on January 1, 2018.

SEC. 3.

 Section 20111.6 is added to the Public Contract Code, to read:

20111.6.
 (a) This section shall apply only to public projects, as defined in subdivision (c) of Section 22002, for which the governing board of the district uses funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code) for a public project.
(b) If the governing board of the district does not utilize the procedures set forth in Section 20111.5 for a contract meeting the criteria of subdivision (a), then the governing board of the district shall use the procedures for qualification of bidders set forth in Section 20101.
(c) For purposes of this section, bidders shall include all subcontractors performing work in excess of 3 percent of the total cost.
(d) This section shall not apply to a school district with an average daily attendance of less than 2,500.
(e) This section shall apply only to contracts awarded on or after January 1, 2013.
(f) On or before January 1, 2017, the Director of Industrial Relations shall (1) submit a report to the Legislature evaluating whether, during the years this section has applied to contracts, violations of the Labor Code on school district projects have decreased as compared to the same number of years immediately preceding the enactment of this section, and (2) recommend improvements to the system for prequalifying contractors and subcontractors on school district projects.
(g) This section shall become inoperative on January 1, 2018, and, as of July 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before July 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 46308 is added to the Education Code, to read:
46308.

(a)For purposes of this section the following terms have the following meanings:

(1)“Integrated academic and workforce approach to high school reform” means a districtwide system of pathway programs pursuant to Section 52372.5.

(2)“Work-based learning initiative” means a districtwide initiative to increase the delivery of quality work-based learning pursuant to Section 51760.1.

(b)In order to maximize classroom and workforce preparation activities as well as incorporate modified instructional schedules, commencing with the 2012–13 school year, a school district with an integrated academic and workforce approach to high school reform or a work-based learning initiative is eligible to apply to receive funding based on minimum weekly attendance instead of average daily attendance for pupils enrolled in its work-based learning or multiple pathway programs, or both.

(c)A school district that is eligible to apply to receive funding based on minimum weekly attendance instead of average daily attendance shall submit an application to the Superintendent. The application shall identify the high schools that will utilize a minimum weekly attendance and include their instructional schedules.

(d)A school district and a high school shall not use minimum weekly attendance to reduce the number of days instruction is offered or that a pupil is required to be in attendance at school or a work-based learning opportunity.

(e)As a condition of receiving funding based on minimum weekly attendance, the school district shall report annually to the department the academic and workforce preparation progress of pupils enrolled in its work-based learning or multiple pathway programs, or both. Indicators to measure that progress shall include, but are not limited to, all of the following:

(1)Graduation rates.

(2)Scores from the standards-based achievement tests administered pursuant to Section 60640.

(3)Passage rates on the high school exit examination.

(4)Completion of career technical education courses.

(5)Completion of courses required for admission to the University of California and the California State University.

(6)Completion of work-based learning opportunity courses.

(7)Other indicators of academic and workforce preparation success, including workforce preparation, training certificates, increased matriculation into postsecondary educational or training institutions, enrollment in apprenticeship programs, and other measures as determined by the department.

(f)(1)The Superintendent shall determine the minimum number of instructional hours per week that constitute weekly attendance and shall calculate a revenue limit for each school district using that minimum weekly attendance.

(2)The Superintendent shall determine the minimum weekly attendance pursuant to paragraph (1) in a manner that allows pupils to attend school less than 240 minutes per day, provided that pupils do not attend school less than 1200 minutes per week.

(g)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 2.Section 52372.6 is added to the Education Code, to read:
52372.6.

(a)Upon application of a school district and for the operation of a multiple pathway program, the Superintendent may waive any provisions of this code other than those relating to earthquake safety.

(b)As a condition of receiving a waiver pursuant to subdivision (a), the school district shall report every two years to the Superintendent the academic and workforce preparation progress of pupils enrolled in its multiple pathway programs. Indicators to measure that progress shall include, but are not limited to, all of the following:

(1)Graduation rates.

(2)Scores from the standards-based achievement tests administered pursuant to Section 60640.

(3)Passage rates on the high school exit examination.

(4)Completion of career technical education courses.

(5)Completion of courses required for admission to the University of California and the California State University.

(6)Completion of work-based learning opportunity courses.

(7)Other indicators of academic and workforce preparation success, including workforce preparation, training certificates, increased matriculation into postsecondary educational or training institutions, enrollment in apprenticeship programs, and other measures as determined by the department.

(c)The Superintendent may repeal waivers granted pursuant to subdivision (a) if he or she determines that a school district is not achieving sufficient academic and workforce preparation progress for pupils enrolled in its multiple pathway programs according to the indicators measured pursuant to subdivision (b). The Superintendent shall provide school districts with notification of his or her decision to repeal a waiver at least 180 days prior to the effective date of the repeal and shall allow the school district to appeal the repeal decision.