15-742. Contract for purchase of tests

A. The state board of education shall enter into contracts with contractors for the purchase of the tests adopted by the state board pursuant to sections 15-203 and 15-741. Notwithstanding section 41-2546, the state board may enter into contracts for the purchase of nationally standardized norm-referenced tests pursuant to this section for a duration of up to ten years. The contracts may also provide for the distribution of the tests to the school districts and the scoring of the tests.

B. Contractors shall give a cash or corporate surety bond payable to this state and approved by the state board indemnifying the state in the test purchases in an amount not less than five hundred nor more than ten thousand dollars as may be determined by the state board. The contractor shall faithfully comply with the conditions of the contract and shall furnish to the state the tests as provided in the contract at prices not exceeding the lowest prices then granted to any buyer. If there is a decrease in the prices given to a person purchasing such tests from the contractor, the state shall have the benefit of the decrease in price.

C. The contractor shall file with the state board a sworn statement stating the lowest prices for which the contractor's series of tests is sold anywhere in the United States.

D. Any contract entered into pursuant to this section shall require that test scores and assessment data from the third grade reading portion of the statewide assessment adopted pursuant to section 15-741 be received by local education agencies on or before May 15 of each academic year and the scores and assessment data from all other portions of the statewide assessment adopted pursuant to section 15-741 be received by local education agencies on or before May 25 of each academic year.

E. If a contractor violates a condition of the contract, the attorney general, on request of the state board of education, shall institute an action for damages on the bond of the contractor.