Bill Text: CA AB251 | 2011-2012 | Regular Session | Amended
Bill Title: Public contracts: school districts: bidding requirements.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB251 Detail]
Download: California-2011-AB251-Amended.html
BILL NUMBER: AB 251 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY MARCH 15, 2011
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 3, 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.
State-mandated local program: no yes .
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.
