| (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 requirements in this subsection
and with the construction quality standards and construction code
requirements in subsection (j) of this section. Any express reference
to, or omission of, an applicable statutory provision in this subsection
may not be construed to diminish, alter, or abate a provision of law
applicable to a school district or to a school district capital improvement
project subject to this section.
(2) School district requirements and responsibilities.
(A) In accordance with TEC, §46.003(g), the board
of trustees and voters of a school district shall determine district
needs concerning construction, acquisition, renovation, or improvement
to instructional facilities. School district funding is entrusted
to the district by the taxpayers, and a district must ensure procurement
processes and procedures are transparent and provide the best value
to the district by complying with applicable laws governing procurement
of professional design services and construction services and with
the standards established in this subsection to promote construction
quality.
(B) In accordance with TEC, §11.201, a superintendent
shall oversee and ensure compliance with the standards for school
facilities established in this section pursuant to TEC, §46.008,
and shall ensure board consideration for any action specified as being
required to be made by the board of trustees, whether by statute,
board rule, or other applicable requirement.
(C) In accordance with TEC, §44.0312(b), a board
of trustees may not delegate the authority to act regarding an action
authorized or required by TEC, Chapter 44, Subchapter B, to be taken
by a board of trustees of a school district.
(D) In accordance with TEC, §44.0312(a), a board
of trustees of a school district may, as appropriate, delegate its
purchasing and contracting authority under TEC, Chapter 44, Subchapter
B, regarding an action authorized or required to be taken by a school
district or a designated person, representative, or committee.
(E) In accordance with TEC, §44.0312(a), when
procuring construction services for a capital improvement project,
a school district board of trustees shall provide notice of the delegation
and the limits of the delegation in the request for bids, proposals,
or qualifications or in an addendum to the request. If the school
district fails to provide that notice, a ranking, selection, or evaluation
of bids, proposals, or qualifications for construction services other
than by the board of trustees in an open public meeting is advisory
only.
(F) A superintendent shall ensure that a requirement
to specify the level of delegation of authority is included in the
bid specifications when procuring construction services to select
a contractor, in accordance with TEC, §44.0312.
(G) In accordance with TEC, §44.0312(c), in the
event of a catastrophe, an emergency, or a natural disaster affecting
a school district, the board of trustees of the district has all authority
to delegate to the superintendent or designated representative the
authority to contract for the replacement, construction, or repair
of school equipment or facilities under TEC, Chapter 44, Subchapter
B, if emergency replacement, construction, or repair is necessary
for the health and safety of district students and staff.
(H) In accordance with TEC, §44.031(d), and TGC, §2269.051,
a school district may adopt rules as necessary to implement the management
responsibilities and duties established for school district procurement
and delivery of professional design and construction services for
a capital improvement project.
(3) Requirements for construction services.
(A) In accordance with TEC, §44.031, the award
of a school district contract for construction services or construction-related
services valued at $50,000 or more must be made by competitive bid
or by the construction delivery contracting method established in
TGC, Chapter 2269, that provides the best value for the district.
(B) In accordance with TGC, §2269.056(a), a school
district that is considering a construction contract using a method
of procuring construction services other than by competitive bid must
first, before advertising, determine which contracting method for
construction services contained in TGC, Chapter 2269, provides the
best value to the school district for the project.
Cont'd... |
