15-249

15-249. Department of education; contracts for
evaluation of data collection, compilation and reporting and for
updating of student accountability information system; reports;
review; reversion

A. Subject to appropriation of state funds, or receipt of federal funds or private
donations or grants from any lawful public or private source for this purpose, the
superintendent of public instruction shall enter into contracts with public or private
entities to carry out the purposes of this section.

B. On or before August 1, 2010, the department of education shall issue a request
for proposals to evaluate the existing system of data collection, compilation and
reporting conducted by the department. The department shall award a contract pursuant to
this subsection no later than October 1, 2010 subject to appropriation of state funds, or
receipt of federal funds or private donations or grants from any lawful public or private
source for this purpose. The request for proposals shall require the evaluation of the
student accountability information system prescribed in chapter 9, article 8 of this
title and the data warehouse and must include:

1. A detailed description of the existing hardware, software and networking
infrastructure.

2. The identification and description of the existing data elements processed and
stored on both systems.

3. The identification and description of the existing users of both systems
including a user needs-based analysis.

4. The identification and description of the resources required to maintain both
systems in order to meet the current reporting and data analysis functions.

5. The current systems' capability to incorporate the new data elements required by
the American recovery and reinvestment act by September 30, 2011.

6. Options to replace or upgrade the existing systems which must include:

(a) Cost estimates to replace or upgrade the existing systems at their current
level of functionality.

(b) Cost estimates for optimal systems.

(d) Analysis of other states' data systems which identifies and describes optimal
systems and other states' experiences with privatization.

7. A written report detailing the evaluation findings.

C. The superintendent of public instruction shall provide copies of the written
report produced pursuant to subsection B to the governor, the speaker of the house of
representatives and the president of the senate and the joint legislative budget
committee within thirty days of receiving the report.

D. Subject to appropriation of state funds, or receipt of federal funds or private
donations or grants from any lawful public or private source for this purpose, the
department of education shall issue, in addition to the request for proposals prescribed
in subsection B, a request for proposals to replace or update the student accountability
information system prescribed in chapter 9, article 8 of this title and to bring that
system into compliance with the American recovery and reinvestment act. If the
superintendent of public instruction directs the department to issue a contract pursuant
to this subsection the contract shall require the contractor to:

1. Successfully attain performance goals prescribed by the superintendent of public
instruction relating to improvement of the data collection, compilation and reporting
duties prescribed in this title.

2. Develop and maintain a system that is accessible through commonly used internet
web browsers to carry out the data collection, compilation and reporting duties
prescribed in this title.

3. Demonstrate that it has the qualifications, operations and management experience
and experienced personnel necessary to carry out the terms of the contract and the
ability to comply with applicable standards.

4. Provide a history of successfully operating and managing data collection,
compilation and reporting tasks.

5. Provide a history of successfully delivering services related to data
collection, compilation, service delivery and reporting tasks.

E. Any contract awarded pursuant to subsection D of this section shall allow the
superintendent of public instruction to renew the contracts for two subsequent periods of
not more than three years each and shall prescribe the circumstances under which the
superintendent of public instruction may terminate the contracts. The contracts shall
allow the state to cancel any contract at any time after the first year of operation,
without penalty to this state, on ninety days' written notice and shall require the
contractor to be in compliance at all times with state and federal law.

F. Any contract awarded pursuant to subsection D of this section 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.

G. 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 a level and quality of services that equal or exceed those
that would be provided by this state.

3. 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.

H. The sovereign immunity of this state does not apply to any contractor who is a
party to any contract pursuant to this section. 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.

I. The terms of any contract pursuant to this section 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.

J. During its first year of operation under a contract pursuant to this section,
the contracting entity shall submit monthly reports to the department as prescribed by
the department. Thereafter, the contracting entity shall submit quarterly reports to the
department as prescribed by the department.

K. At the end of the second year of the contract pursuant to this section, 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 on or before May 1, and shall provide a copy of its report to the
secretary of state.

L. All appropriated monies that remain unexpended and unencumbered on the
expiration date of any contract entered into pursuant to this section revert to the state
general fund.