Z-776                 _______________________________________________

 

                                                    HOUSE BILL NO. 827

                        _______________________________________________

 

                                                                            C 141 L 87

 

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Representatives Holland, H. Sommers, Jacobsen, L. Smith, Betrozoff, Valle, May, Wineberry, Moyer, Silver and Schoon

 

 

Read first time 2/11/87 and referred to Committee on Education.

 

 


AN ACT Relating to pupil transportation contracts; amending RCW 28A.58.131; and adding a new section to chapter 28A.58 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 1, chapter 210, Laws of 1977 ex. sess. as last amended by section 93, chapter 7, Laws of 1985 and RCW 28A.58.131 are each amended to read  as follows:

          The board of directors of any school district may enter into contracts for their respective districts for periods not exceeding five years in duration with public and private persons, organizations, and entities for the following purposes:

          (1) To rent or lease building space, portable buildings, security systems, computers and other equipment;

          (2) To have maintained and repaired security systems, computers and other equipment; and

          (3) To provide pupil transportation services.

          No school district may enter into a contract for pupil transportation unless it has notified the superintendent of public instruction that, in the best judgment of the district, the cost of contracting ((for the ensuing term)) will not exceed the projected cost of operating its own pupil transportation ((for the same term)).

          The budget of each school district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW 28A.65.465 and 28A.21.135, as now or hereafter amended.

          The provisions of this section shall not have any effect on the length of contracts for school district employees specified by RCW 28A.58.099 and 28A.67.070.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 28A.58 RCW to read as follows:

          As a condition of entering into a pupil transportation services contract with a private nongovernmental entity, each school district shall engage in an open competitive process at least once every five years.  This requirement shall not be construed to prohibit a district from entering into a pupil transportation services contract of less than five years in duration with a district option to renew, extend, or terminate the contract, if the district engages in an open competitive process at least once every five years after the effective date of this section.  As used in this section:

          (1) "Open competitive process" means either one of the following, at the choice of the school district:

          (a) The solicitation of bids or quotations and the award of contracts under RCW 28A.58.135; or

          (b) The competitive solicitation of proposals and their evaluation consistent with the process and criteria recommended or required, as the case may be, by the office of financial management for state agency acquisition of personal service contractors;

          (2) "Pupil transportation services contract" means a contract for the operation of privately owned or school district owned school buses, and the services of drivers or operators, management and supervisory personnel, and their support personnel such as secretaries, dispatchers, and mechanics, or any combination thereof, to provide students with transportation to and from school on a regular basis; and

          (3) "School bus" means a motor vehicle as defined in RCW 46.04.521 and under the rules of the superintendent of public instruction.

 

          NEW SECTION.  Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


                                                                                                                          Passed the House March 13, 1987.

 

                                                                                                                                         Speaker of the House.

 

                                                                                                                             Passed the Senate April 8, 1987.

 

                                                                                                                                       President of the Senate.