Senate Bill sb0194

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    Florida Senate - 2002                                   SB 194

    By Senator Villalobos





    37-259-02

  1                      A bill to be entitled

  2         An act relating to public education; creating

  3         s. 236.6851, F.S.; providing for the analysis

  4         of expenditure of funds and quality of service

  5         for certain noninstructional services;

  6         providing a cost-efficient alternative means to

  7         secure services; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 236.6851, Florida Statutes, is

12  created to read:

13         236.6851  School service accountability act.--

14         (1)  This section may be cited as the "School Service

15  Accountability Act."

16         (2)  It is the purpose of this section to promote

17  effective and cost-efficient noninstructional services. The

18  Legislature believes that this effectiveness and cost

19  efficiency is best achieved when school districts analyze the

20  provision of services such as student transportation, food

21  services, and facilities operations and maintenance to find

22  the best balance between the costs associated with providing

23  these services and the quality of these services. When such

24  effectiveness and cost efficiency can be better achieved by

25  using private-sector providers, school districts should

26  contract with private-sector providers for these services. Any

27  resulting cost savings must be redirected to educational

28  services for students.

29         (3)  Each district school board and superintendent of

30  schools shall periodically analyze the costs of providing

31  student transportation, food services, and facilities

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    Florida Senate - 2002                                   SB 194
    37-259-02




  1  operations and maintenance, as well as the level and quality

  2  of each service. Based on this comparative analysis the

  3  district school board shall issue requests for proposals for

  4  the provision of such services. The form and substance of the

  5  analysis and requests for proposal must be consistent with

  6  that provided to the Department of Education by the Florida

  7  School Boards Association and Florida TaxWatch. Annually, each

  8  district school board shall conduct one such analysis, request

  9  for proposal, or solicitation of bid in years 2002-2003,

10  2003-2004, and 2004-2005 for an individual noninstructional

11  service listed in this section. A district that currently

12  contracts with a private-sector vendor for any listed service

13  is not required to have an analysis of that service conducted

14  or to rebid that service and is exempt from this section with

15  respect to that service.

16         (4)  School districts may form consortia for the

17  purpose of conducting such analysis and solicitation of bids

18  for a specific noninstructional service unless otherwise

19  prohibited by law.

20         (5)  Notwithstanding any other provision of law, any

21  cost savings realized by a district through the provision of

22  contracted noninstructional services shall be retained by the

23  district and be used for the improvement of educational

24  services for students. Use of cost savings earned in the

25  provision of food services is to be governed by federal

26  regulations.

27         (6)  The district school board, at a regularly

28  scheduled board meeting, shall within 30 days after conclusion

29  of the bid process discuss and disclose the responses to the

30  request for proposal, including a comparison of the analysis

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    Florida Senate - 2002                                   SB 194
    37-259-02




  1  required in subsection (3) with the results of the bid

  2  process.

  3         (7)  The Department of Education shall provide

  4  technical assistance to the districts in administering this

  5  section.

  6         (8)  Annually, on January 1, all district school boards

  7  shall report the results of the analysis under this section to

  8  the Commissioner of Education. The report shall cover:

  9         (a)  New private contracts entered for the listed

10  noninstructional services.

11         (b)  The anticipated cost savings associated with these

12  new contracts.

13         (c)  The board-authorized use of the anticipated

14  savings.

15         (d)  Actual cost savings and use of savings under prior

16  private contracts.

17         Section 2.  This act shall take effect July 1, 2002.

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20                          SENATE SUMMARY

21    Creates the "School Service Accountability Act,"
      requiring school districts to analyze the cost of
22    providing noninstructional school services such as
      student transportation, food services, and facilities
23    operation and maintenance. Authorizes the use of
      private-sector providers for those services and provides
24    for the application of cost savings. Requires the
      Department of Education to provide technical assistance
25    to school boards. Provides for an annual report to the
      Commissioner of Education.
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