(1)A school district
may contract with another district, with the governing body of a state college or
university, with the tribal corporation of an Indian tribe or nation, with a federal
agency or officer, with a county, city, or city and county, or with a natural person,
body corporate, or association for the performance of a service, including an
educational service, an activity, or an undertaking that a school may be authorized
by law to perform or undertake.
(2)Each school district board of education may review and revise the policies
and procedures adopted by the board pursuant to section 22-32-109 (1)(b) and may
choose to require competitive bidding on contracts for professional services, other
than contracts for instructional services. A policy adopted pursuant to this
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(1) A school district
may contract with another district, with the governing body of a state college or
university, with the tribal corporation of an Indian tribe or nation, with a federal
agency or officer, with a county, city, or city and county, or with a natural person,
body corporate, or association for the performance of a service, including an
educational service, an activity, or an undertaking that a school may be authorized
by law to perform or undertake.
(2) Each school district board of education may review and revise the policies
and procedures adopted by the board pursuant to section 22-32-109 (1)(b) and may
choose to require competitive bidding on contracts for professional services, other
than contracts for instructional services. A policy adopted pursuant to this
subsection (2) may:
(a) Require that the school district personnel, prior to recommending that the
board of education enter into a contract pursuant to this section, examine the costs
and benefits of contracting for the service, activity, or undertaking rather than
performing the service, activity, or undertaking using school district personnel and
that the recommendation specify the conclusions of the cost-benefit analysis and
their rationale;
(b) Require the school district personnel to implement a bidding process for
contracts entered into pursuant to this section; and
(c) Establish criteria for recommending a contractor to the board of
education.
(3) (a) A contract entered into pursuant to this section shall set forth fully
the purposes, powers, rights, obligations, and responsibilities, financial or
otherwise, of the parties so contracting and shall require the service, including
educational service, activity, or undertaking to be of comparable quality and meet
the same requirements and standards that would apply if performed by the school
district.
(b) A contract executed pursuant to this section may include, among other
things, the purchase, outright or by installment sale, or rental or lease, with or
without an option to purchase, of necessary building facilities, equipment, supplies,
and employee services.
(c) Any state or federal financial assistance that would accrue to a
contracting school district, if the district were to perform the contracted service,
including educational service, activity, or undertaking individually, shall, if the state
board of education finds the contracted service, including educational service,
activity, or undertaking is of comparable quality and meets the same requirements
and standards that would apply if performed by a school district, be apportioned by
the state board of education on the basis of the contractual obligations and paid
separately to each contracting school district in the manner prescribed by law.
(4) (a) A contract executed pursuant to this section that includes services
performed for a public school shall include a provision requiring a criminal
background check for any person providing services under the contract, including
any subcontractor or other agent of the contracting entity, if the person provides
direct services to students, including but not limited to transportation, instruction,
or food services. The criminal background check shall, at a minimum, meet the
requirements of section 22-32-109.7 and any other requirements of the school
district that executes the contract. The contracting entity is responsible for any
costs associated with the background check. A contractor need not provide the
results of the background check with the submission of the bid but shall make the
background check results available upon request of the school board in compliance
with the provisions of section 24-72-305.3, C.R.S.
(b) The background check described in paragraph (a) of this subsection (4) is
required only for those persons who have regular, but not incidental, contact with
students at least once a month.
(c) The provisions of paragraph (a) of this subsection (4) do not apply to a
faculty member from an institution of higher education who contracts to teach for a
school district and who has undergone a background check that meets the
requirements of section 22-32-109.7 and any other requirements of the school
district with which the faculty member contracts.
(5) Nothing in this section authorizes a school district to expend proceeds
from the sale of general obligation or revenue bonds issued by the school district to
procure or erect a school or other building beyond the territorial limits of the
district except in accordance with the provisions of section 22-32-109 (1)(v).