2010 Arizona Revised Statutes
Title 15 - Education
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

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.

(c) Cost estimates to privatize some or all of the systems' functions.

(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.

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