| (ii) the cost of the minor scopes of work is included
in the total cost of the project construction budget to determine
the appropriate scope of work to be included in the project, as specified
in subsection (k)(1)(B) of this section.
(2) A capital improvement project for an instructional
facility of an open-enrollment charter school is subject to subsection
(k) of this section and all applicable laws for an open-enrollment
charter school facility but is not subject to subsections (c)-(j)
of this section.
(c) Implementation.
(1) The school facilities standards established in
this section shall apply to a capital improvement project for which
at least one of the following has occurred on or after November 1,
2021:
(A) a board of trustees adopts a fiscal year maintenance
and operations budget where a capital improvement project title and
a design or design and construction budget are delineated;
(B) a board of trustees calls a bond election where
one or more capital improvement project titles and design or design
and construction budgets are delineated; or
(C) a new contract or amendment to an existing contract
for architectural services for new construction or a major renovation
project or a contract for engineering services for a major renovation
or minor renovation has been agreed to and signed and dated by both
parties to the agreement.
(2) A school district board of trustees may elect to
treat a capital improvement project, for which an action listed in
paragraph (1) of this subsection was taken prior to November 1, 2021,
under standards established in §61.1036 of this title (relating
to School Facilities Standards for Construction before November 1,
2021) or under the standards established in this section. If an election
to comply with this section is made by a board of trustees, the school
district and architect may mutually agree that the contract for design
services may be adjusted and then must signify in writing that the
project will become subject to the facilities standards established
in this section through an affirmative indication on the required
certification form for the project or through some other written document
or addendum to the contract signifying election under this section
and any modifications to the contract terms agreed to by the parties.
(3) If a school district board of trustees makes an
election to comply with §61.1036 of this title under paragraph
(2) of this subsection, it may still elect to comply with subsection
(k) of this section.
(4) A school district shall consider implementing the
safety and security standards under subsection (k) of this section
for any safety and security upgrades to an existing instructional
facility that does not require compliance with this section.
(d) Educational adequacy.
(1) Long-range facility plan. A school district shall
ensure that a capital improvement project subject to this section
complies with the requirements and standards as follows.
(A) Elements. The long-range facility plan shall include
all of the following elements that apply to the facility and project
and must also be updated prior to commencement of construction to
include the access control document required in subsection (k)(1)(B)
of this section:
(i) existing and proposed instructional programs at
the project campus, including special education, dual language, course
offerings, and partnerships;
(ii) the age and condition of all buildings and systems
at the project campus;
(iii) history of completed capital improvement projects
at the facility;
(iv) site evaluation of the project campus, including,
but not limited to, overall site; shape; useable land; suitability
for intended use as well as planned improvements; adequate vehicular,
pedestrian, and emergency access; queueing; parking; and site amenities;
(v) the school district's educational specifications;
(vi) the school district's enrollment projections,
maximum student enrollment of the facility, and the facility's maximum
instructional capacity, if applicable; and
(vii) the noncompliance, partial compliance, or full
compliance with each of the safety and security standards required
in subsection (k) of this section.
(B) Process. The process of developing the long-range
facility plan shall consider input from teachers, students, parents,
taxpayers, and other school district stakeholders.
(C) Compliance. The requirement for a long-range facility
plan is met when a school district completes the long-range facility
plan, presents it to the school district board of trustees, and makes
it available to the prime design professional for a capital improvement
project. The long-range facility plan expires after five years from
the date of the final plan presented to the school district board
of trustees and must be updated prior to commencement of a subsequent
capital improvement project. A long-range facility plan developed
as part of a district-wide long-range facilities plan may be used
to satisfy this requirement.
(2) Educational specifications. A school district shall
ensure that a project for new construction and major renovation subject
to this section complies with the requirements and standards as follows.
(A) Elements. Educational specifications are a written
document prepared by the school district and approved by the school
district board of trustees and shall include all of the following:
(i) the school district mission, vision, goals, and
pedagogy;
(ii) preliminary details related to facility type,
grades served, and maximum student enrollment;
(iii) pertinent provisions of the multi-hazard emergency
operations plan that may inform the functionality of the built environment,
including how the district complies with TEC, §37.108;
(iv) a written statement that includes:
(I) inclusive design goals and considerations supported
by the school district; and
(II) how inclusive design should be addressed in new
and renovated facility designs;
(v) minimum total square footage required to comply
with the quantitative method of compliance; and
(vi) innovative teaching or operational practices intended
for implementation at the instructional facility that may lead to
the use of the qualitative method of compliance.
(B) Schedule. An educational specification shall be
created for each campus type. If the design and construction of a
new campus or major renovation of an existing campus differs substantially
from an educational specification that exists for the same campus
type, a separate educational specification must be developed. Educational
specifications shall be initiated upon the first proposed project
of its type and must be completed prior to initiating the planning
or programming phase of a project. Each educational specification
must be updated after five years from the date of approval.
(C) Compliance. The requirement for educational specifications
is met when a school district delivers the approved document to the
architect.
(3) Exceptions. A school district is exempt from the
requirements of this subsection:
(A) if a school facility experiences catastrophic damage
and the school district board of trustees approves a capital improvement
project in accordance with TEC, §44.0312(c); or
(B) in a situation deemed urgent by action of the school
district board of trustees that warrants immediate action because,
if left unresolved, it would impair the conduct of classes.
(e) Administration.
(1) Administration of construction quality standards.
(A) This subsection establishes standards for the administration
and procurements of design professional services and other professional
services and for the administration of competitive bids and contracting
requirements for construction services. A school district shall comply
with requirements in this subsection and with all applicable requirements,
restrictions, and responsibilities established in state law, administrative
code, or by a local authority having jurisdiction.
(B) A school district shall comply with the administrative
and procedural requirements established in this subsection and with
the standards established in subsection (j) of this section to promote
construction quality and best value for a capital improvement project
subject to this section.
(C) A standard in this section that incorporates by
reference a key statutory provision or administrative rule is established
as a compliance requirement for a school district seeking to procure,
obtain a competitive bid, or administer a contract for construction
services, construction-related services, design professional services,
or any other professional service required for a capital improvement
project. The requirements establish a method by which a school district
shall demonstrate compliance with the Cont'd... |
