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Legal Resources | Education Code |  EC  35912  

Los Angeles Unified School District Administration; Operational Flexibility   

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(a) (1) The district superintendent shall have the authority over the contracting operations of the LAUSD, including, but not limited to, the negotiation and execution of contracts, except those contracts governed by Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. For purposes of negotiating and executing contracts, the district superintendent is subject to the otherwise applicable requirements of law, including statutory or regulatory competitive bidding procedures and best contracting practices. The district superintendent shall provide public notice of his or her intent to award any contract in excess of two hundred fifty thousand dollars ($250,000) at least 45 days before the execution of the contract, unless the district superintendent, in his or her discretion, determines and certifies that there is an urgency, in which case public notice shall occur at least 30 days before the execution of the contract. In addition, the district superintendent shall report to the board on all contracts at the next regularly scheduled public meeting of the board following the execution of the contract. The public notice shall, at a minimum, include electronic posting on the LAUSD Internet Web site, and physical posting at 10 geographically dispersed district offices or schools in an area that is accessible to the public for at least 12 hours each day.

(2) A decision by the district superintendent to contract with a private individual, other governmental agency, or business entity for personal services that, as of January 1, 2007, are currently or customarily performed by classified school employees or other district employees shall, notwithstanding paragraph (1), require approval of the board and be subject to, and comply in all respects with, Sections 38103, 45103.1, and 45103.5. With respect to the rebidding or renewal of any personal services contract entered into prior to January 1, 2003, and covered by subdivision (d) of Section 45103.1, and in addition to any other notice that may be required by law, the district superintendent shall give no less than 30 days written notice of the intent to renew or rebid to each exclusive representative of district employees.

(b) Except as indicated in this subdivision, nothing in this chapter removes or alters the obligation of the LAUSD to comply with all requirements for the expenditure of bond proceeds, including, but not limited to, those required by Section 15278, by subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, and by the terms of bond measures approved by the district electorate. To the extent the district superintendent, in the course of exercising his or her authority under this chapter, acts to expend any bond proceeds, the district superintendent shall abide by all restrictions and fulfill all obligations that otherwise would have devolved upon the board in conjunction with the expenditure of those bond proceeds.

(c) The intent of the Legislature in enacting this section is to transfer the responsibility for contracting operations, including appropriation and payment, from the board to the district superintendent. This section does not alter the rights or requirements related to the employment of district employees pursuant to Part 25 (commencing with Section 44000) of this code or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, or any applicable collective bargaining agreement or contract. This section does not alter any other law regarding the procedures for school districts to execute or amend contracts.

(Added by Stats. 2006, Ch. 299, Sec. 3.)

Reference:

Education Code 15278

Education Code 38103

Education Code 44000

Education Code 45103.1

Education Code 45103.5

Government Code 3540