ALEC Pupil Transportation Cost-Effectiveness Act

8/6/2019 ALEC Pupil Transportation Cost-Effectiveness Act

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Part XV: Transportation W(F) Unit Cost. Any reasonable ndicator of cost used by a school district in requesting and evaluatingproposalsas a part of make or buy analysis, ncluding, but not limited to cost per mile, cost per hour, cost pertransported pupil and cost per school bus.

Section 4. {Make or buy analysis.}(A) Fach school district shall complete the applicable make or buy analysis requirements above within oneyear of the effective date of this act.W Make or buy analysis shall be repeated for applicable school bus services at least once every threeyears. The department of education may not distribute money to a local education agency unless the localeducation agency establishes hat it is providing servicesat a competitive cost.(C) In the event of a contract award to a contractor, all school district-owned buses asslgned to thecorresponding service may be sold or leased or made available to the contractor for use in the school busservice.(D) Contractors shall reasonably consider displaced school district employees or employment.Section 5. (Qualifications and specifications.}(4 Each school district shall prepare reasonable service specifications which shall be included in anyRFP for school bus service and any contract for school bus service. The service specifications shall describeminimum standardswith respect o, but not limited to:

(1) Passenger afety and vehicle maintenancestandards;(2) Qualification, training requirements,and safety records for school bus drivers;(3) School bus safety programs and records;(4) Requirements or insurance protecting the school district from liability for the acts, negligence,or omission of private companies, heir agents,and their employees;(5) School bus vehicles;(6) Maintenance and preservation of school buses or other assetsowned by the school district andleased o contractors;(7) Remedies or unsatisfactory performancesand contract termination provisions.

0% No school district may establish any requirement relating to the wages, benefits, or unionorganization of contractor employees. All contractors shall comply with and give adequatecertification withall applicable federal and labor laws.Section 6. (Requests for Proposals.](A) Each school district shall seek the widest reasonabledistribution of each RFP.(B) A school district may require private companies o submit qualification information either reasonably nadvanceof proposal submittal or as a part of the proposal.(C) Each RPP shall specify the school bus services sought by the school district, qualifications, servicespecifications, and any other information necessary o a complete understanding of the school bus servicebeing requestedand the proposed erms and conditions.Volume II: Sourceboot of American State Legislation 1995 363


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Part Xy: Transportation n(D) Each RFP shall specify the district-owned school buses and capital facilities that will or may optionallybe made available for use n the specified services.(E) Each school district shall require that private company costs be proposed in such a format that only thecosts of qualified and responsive private companies shall be reviewed, and that any cost submittal by aprivate company determined o be not qualified and responsivebe returned unopened o the private company(F) Each school district shall require that costs be proposed as:(G) Fixed costs based upon unit costs for each year covered by the proposal, including option years; and/oras(HI) Fixed costs based upon unit costs for the first year with subsequentyear unit costs adjusted baaeduponthe change in appropriate and broadly accepted ndicators of the change in prices, such as the ConsumerPrice Index.(I) Each school district shall ensure that disadvantagedbusinessenterprises,as defined in part-23 of title-49of the Code of Federal Regulations, as amended,have the greatestpossible opportunity to respond.Section 7. {Contracts.)(A) With respect to each request for proposals, the school district shall award a contract to the qualifiedproposerwhose responsiveproposal offers the highest quality for the lowest public cost.(B) No change n contract payment rate shall be made except as specified in the contract, in accordancewiththe unit costs n the proposal of the organization awarded he contract.(C) A school district may execute contracts with private companies o operate any service on an interim basisin the event of an emergency hat does not permit sufficient time for make or buy analysis.Section 8. {School bus provider equity.)(A) Notwithstanding any other provision of law, no state inancial expenditure or reimbursement for schoolpupil transportation shall result in a preference for operation of school bus service by school districttransportation divisions over operation of school bus serviceby private companies.(B) Notwithstanding any other provision of law, no state policy or regulation relating to school pupiltransportation shall result in a preference or operation of school bus service by school district transportationdivisions over operation of school bus service by private companies.Section 9. {Facilities and Vehicles.}The planning of all school bus maintenance facilities, operations facilities, and garages shall include athorough review of alternatives available for efficient development, management, and/or operations withprivate school transportation companies.Section 10.No school district shall make or be bound by any contract, agreement,or assurance hat restricts its ability tocomply with this Act in any respect.Section 11. (Severability clause.)Section 12. (Repealer clause.)Section 13. (Effective date.)

Volume II: Sourcebook ofAmerican State Legislation 1995 364

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ALEC Pupil Transportation Cost-Effectiveness Act