§70-3-118.1. Budget and operations performance reviews.
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A. The Office of Educational Quality and Accountability is hereby authorized to conduct a performance review program to determine the effectiveness and efficiency of the budget and operations of school districts that have:
1. Administrative service costs which are above the expenditure limits established for school districts in Section 18-124 of this title or have total expenditures in excess of the district's adopted budget;
2. A district academic performance data score, calculated pursuant to the Elementary and Secondary Education Act of 1965, as amended or reauthorized, that is below the state average academic performance data;
3. Had a request for a performance review submitted by the Governor or the State Superintendent of Public Instruction;
4. A district student eligibility rate for free or reduced- price meals under the National School Lunch Act that is above the state average; or
5. Submitted a request for a performance review subsequent to a majority vote of the district's board of education.
B. Funds appropriated by the Legislature to the Office of Educational Quality and Accountability may be expended to fulfill the provisions of this section. The Office of Educational Quality and Accountability may contract with an outside entity or hire personnel to assist in the development and design of the program. The Office of Educational Quality and Accountability may contract with outside entities to assist in conducting performance review programs. Such entities shall be chosen through a competitive bid process. Invitations to bid for the performance reviews shall be open to any public or private entity. Contracts for performance reviews shall not be done on a sole source basis.
C. 1. If a performance review is conducted as authorized pursuant to paragraphs 1 through 4 of subsection A of this section, the entire cost of the review shall be borne by the Office of Educational Quality and Accountability.
2. If a school district requests a performance review, as authorized pursuant to paragraph 5 of subsection A of this section, twenty-five percent (25%) of the entire cost of the review shall be borne by the school district and seventy-five percent (75%) of the cost of the review shall be borne by the Office of Educational Quality and Accountability.
3. Districts shall be selected for review by the Commission for Educational Quality and Accountability contingent upon the availability of funding.
D. The Office of Educational Quality and Accountability shall engage in follow-up, outreach and technical assistance to help school districts and others understand, interpret, and apply the recommendations and best practices resulting from performance reviews conducted pursuant to this section.
E. After a performance review of a school district is completed by the Office of Educational Quality and Accountability, the school district may implement all or part of the recommendations contained in the review.
F. If a school district experiences a cost savings that is directly attributable to implementation of performance review recommendations, the cost savings shall be expended by the school district for classroom expenses. Classroom expenses shall include but are not limited to teacher salaries and purchasing textbooks, teaching material, technology and other classroom equipment. Classroom expenditures shall not include administrative services as defined in Section 18-124 of this title or for equipment or materials for administrative staff.
Added by Laws 2001, c. 419, § 1, eff. July 1, 2001. Amended by Laws 2002, c. 446, § 1, emerg. eff. June 5, 2002; Laws 2005, c. 432, § 14, eff. July 1, 2005; Laws 2009, c. 161, § 1, eff. July 1, 2009; Laws 2012, c. 223, § 7, eff. July 1, 2013; Laws 2013, c. 83, § 2, eff. July 1, 2013.