HOUSE BILL 298

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Christine Trujillo

AN ACT

RELATING TO PUBLIC EDUCATION; REQUIRING THE PUBLIC EDUCATION DEPARTMENT TO ACTIVELY SEEK IN-STATE CONSULTANTS, TESTING COMPANIES AND OTHER EDUCATIONAL SERVICE PROVIDERS WHEN PURCHASING OR CONTRACTING FOR EDUCATIONAL GOODS AND SERVICES; REQUIRING THE DEPARTMENT TO POST TESTING CONTRACTS AND COSTS; LIMITING CERTAIN CONTRACT PROVISIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] DEPARTMENT CONTRACTS--IN-STATE PREFERENCES--POSTING TESTING COMPANY INFORMATION ON WEB SITE.--

          A. The department shall actively seek in-state educational consultants, testing companies and other educational goods or services providers to respond to requests for proposals, invitations to bid and other announcements for consultants or contractors or for other purchases of goods or services. Sole source contracting shall not be used for contracts with testing companies.

          B. All testing proposals and contracts and personal services contracts shall be posted on the department's web site within five days of letting the contract. The web site shall include a running total of contractual money paid to in-state and out-of-state contractors. A posted testing proposal may be redacted for proprietary business information; provided that proprietary business information does not include costs and payments.

          C. When posting testing contracts, the post shall include the cost of each assessment, the time required for each assessment and the total time required for assessments for the school year.

          D. The department shall not enter into any testing contracts with an agreement or policy that limits the ability of educators to appropriately review, discuss or comment on any products or services and that limits the speech of parents, students or educators. No testing contract shall limit the ability of teachers, parents and students to discuss the test after its administration."

- 2 -