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(a)Definitions. The following words and terms, when
used in this section, shall have the following meanings.
(1)Adjusted maximum instructional capacity--The maximum
number of students who can be served at an instructional facility
at any point in time as adjusted from the maximum instructional capacity
based on the implementation of innovative instructional or operational
practices.
(2)Architect--A person registered as an architect
under Texas Occupations Code (TOC), Chapter 1051, and responsible
for compliance with the architectural design requirements of TOC,
Chapter 1051.
(3)Authority having jurisdiction--A state, local,
or other regional department or an individual such as a fire marshal,
building official, electrical inspector, or other individuals having
statutory authority or authority assigned contractually by the school
district to enforce specified building codes in accordance with subsection
(j) of this section.
(4)Capital improvement project--Any school facility
project consisting of new construction, major renovation, or minor
renovation for which construction services are procured under Texas
Government Code (TGC), Chapter 2269, in accordance with Texas Education
Code (TEC), §44.031(a)(5).
(5)Contractor--A sole proprietorship, partnership,
corporation, or other legal entity that:
(A)provides construction services and assumes the
risk for constructing, rehabilitating, altering, or repairing all
or part of a school facility at the contracted price;
(B)serves as the general contractor as defined in
TGC, Chapter 2269;
(C)serves as a construction manager-at-risk as defined
in TGC, Chapter 2269, Subchapter F;
(D)serves as a construction manager agent as defined
in TGC, Chapter 2269, Subchapter E; or
(E)serves as a prime subcontractor for a project where
the school district has contracted with a construction manager agent.
(6)Design guidelines or standards--A written document
comprised of standardized information developed by the school district,
possibly in partnership with consultants, often adopted by a school
district board of trustees and provided to the design professional
of record for reference on capital improvement projects. It includes,
but is not limited to:
(A)the instructional programs, grade configuration,
and types of facilities in the school district;
(B)a schedule of the estimated number and approximate
size of all instructional and support spaces included in each facility
and extracurricular activities;
(C)provisions for outdoor instruction;
(D)adjacencies diagram(s) defining relationships between
functions at the facilities; and
(E)technical standards related to functional requirements,
systems, manufacturers, products, and finishes.
(7)Design professional--An architect or engineer as
defined in this subsection.
(8)Designated representative--A person designated
by a school district board of trustees to act as the official representative
of the district, in accordance with TEC, §44.0312, and TGC, §2269.053,
who has the express authority to act and bind the school district,
to the extent and for the purposes described in the contract for school
facility design and construction services, including responsibilities
for general administration of the contract and required school district
certifications for educational adequacy, space, and construction quality.
(9)Engineer--A person registered as an engineer under
TOC, Chapter 1001, and responsible for compliance with engineering
design requirements and other applicable requirements of TOC, Chapter
1001.
(10)Hazardous chemical--This term has the meaning
assigned in Texas Health and Safety Code, §502.003(13).
(11)Inclusive design--Design that considers the broad
spectrum of human diversity with respect to ability, age, culture,
gender, language, and other forms of human difference.
(12)Instructional facility--This term has the meaning
assigned in TEC, §46.001, and includes any real property, an
improvement to real property, or a necessary fixture of an improvement
to real property that is used predominantly for teaching curriculum
under TEC, §28.002.
(13)Instructional space--All interior general learning
spaces, including general classrooms, collaboration spaces, specialized
classrooms, and laboratories. Outdoor instructional space may be provided
at an instructional facility but may not be used to meet minimum aggregate
space requirements in either method of compliance in subsections (h)
and (i) of this section. Certain major support spaces may be classified
as instructional space for purposes of complying with subsection (i)
of this section.
(14)Major renovation--A project for the construction,
addition, rehabilitation, alteration, or repair of an existing school
facility that exceeds $50,000 and requires the school district to
hire an architect and an engineer.
(15)Maximum instructional capacity--The maximum number
of students who can be served by an instructional facility at any
point in time.
(16)Maximum student enrollment--The maximum number
of students a school district expects to enroll at an instructional
facility. For the quantitative method of compliance, maximum student
enrollment must equal the maximum instructional capacity. For the
qualitative method of compliance, maximum student enrollment is allowed
to be higher than the maximum instructional capacity.
(17)Minor renovation--A project for the construction,
addition, rehabilitation, alteration, or repair of an existing school
facility that exceeds $50,000 and for which a school district is required
to hire an engineer but not an architect. If the scope of work for
the minor renovation project expands in the type and way that requires
the hiring of an architect, the project must be reclassified as a
major renovation. If the scope of work for the minor renovation requires
that additional safety and security standards under subsection (k)(2)
of this section be included in the scope of work of the project and
those additional safety and security standards require the hiring
of an architect, the project does not require reclassification as
a major renovation.
(18)Modular, portable building--An industrialized
building as defined by TOC, §1202.002 and §1202.003; any
relocatable educational facility as defined by TOC, §1202.004,
regardless of the location of construction of the facility; or any
other manufactured or site-built building that is capable of being
relocated and is used as a school facility.
(19)New construction--A project for the design and
construction of a new school facility to be used for administrative,
assembly, educational, or other occupancy for which a school district
board of trustees is required to hire an architect, or the installation
of a modular building regardless of whether an architect is required.
(20)Non-designated entry--A door that is not operable
from the exterior and is designed to only allow for emergency egress.
(21)Non-instructional assembly facility--A non-instructional
facility where large populations of occupants congregate such as arenas,
performing arts centers, and stadiums.
(22)Non-instructional facility--Administrative buildings,
transportation centers, and other support facilities that are not
used predominately for teaching curriculum.
(23)Open-enrollment charter school--This term has
the meaning assigned in §100.1001(3) of this title (relating
to Definitions).
(24)Primary entrance--
(A)the main entrance to an instructional facility
that is closest to or directly connected to the reception area;
(B)any exterior door the school district intends to
allow visitors to use to enter the facility during school hours either
through policy or practice; or
(C)any exterior door the school district intends to
allow to remain unlocked during school hours.
(25)Prime design professional--The registered design
professional engaged by a school district or school district's authorized
agent to coordinate certain aspects of the project requiring review
by the building official or third-party code compliance officer for
compatibility of the design of the building or structure with applicable
building codes, including the coordination of submittal documents
prepared by others, deferred submittal documents, and phased submittal
documents.
(26)Project construction budget--The total aggregate
dollars to be spent to execute the design and construction of a capital
improvement project, as approved by the school district at the completion
of design development to establish the compliance thresholds under
subsection (k) of this section in accordance with the requirements
of subsection (k)(2) of this section.
(27)School district--The board of trustees of an independent
school district or its designated representative, as permitted.
(28)School facility--Any instructional facility, specialized
instructional facility, non-instructional assembly facility, non-instructional
facility, or any other facility owned or operated by a school district.
(29)School level--
(A)elementary school level--an instructional facility
or specialized instructional facility that includes some or all grades
from prekindergarten through Grade 5 or Grade 6;
(B)middle school level--an instructional facility
or specialized instructional facility that includes some or all grades
from Grade 6 through Grade 8 or Grade 9, or only includes Grade 6;
(C)high school level--an instructional facility or
specialized instructional facility that includes some or all grades
from Grade 9 or Grade 10 through Grade 12, or only includes Grade
9; and
(D)secondary level--an instructional facility or specialized
instructional facility that includes some or all grades from Grade
6 through Grade 12.
(30)Secondary entrance--Any exterior door that is
not one of the following:
(A)a primary entrance; or
(B)a door that is not operable from the exterior and
is designed to allow only for emergency egress.
(31)Specialized instructional facility--An instructional
facility with a specialized educational purpose such as agricultural
barns.
(32)Square feet per room--The net square footage of
a space, including exposed storage space such as cabinets or shelving,
but not including hallway space, classroom door alcoves, or storage
space such as closets or preparation offices. The net square footage
of a room shall be measured from the inside surfaces of the room's
walls.
(33)Square feet per student--The net square footage
of a room divided by the maximum number of students to be housed in
that room during any period of time during school hours.
(34)Third-party code compliance officer--A person
who a school district has contracted with and designated to have all
of the duties and powers of a building official, as defined by required
construction codes, to the extent allowable by state law, to enforce
compliance of any required construction code provision that is not
enforced by a state or local authority having jurisdiction.
(b)Applicability.
(1)The school facilities standards established in
this section shall apply to all school district capital improvement
projects as follows, regardless of the type of school facility or
the type of construction delivery method used by the district.
(A)A school district capital improvement project of
any type or size relating to a school facility subject to this section
must comply with applicable requirements established in subsections
(d), (e), (f), (j), and (k) of this section.
(B)A project for new construction or major renovation
at an instructional facility must comply with the requirements established
in subsections (d), (e), (f), (g), (j), and (k) of this section and
one of the methods required to demonstrate compliance with minimum
space requirements established in subsections (h) and (i) of this
section.
(C)A project for minor renovation at an instructional
facility must comply with applicable requirements established in subsections
(d)(1), (e), (f), (j), and (k) of this section.
(D)A project for new construction, major renovation,
or minor renovation at a specialized instructional facility, non-instructional
facility, or non-instructional specialized assembly facility must
comply with applicable requirements established in subsections (d)(1),
(e), (f), (j), and (k) of this section.
(E)A project for major renovation that includes minor
scopes of work in an area of a school facility that is separate and
distinct from the project scope of the major renovation may be performed
as a part of a construction services contract for the major renovation
without the minor scope of work becoming subject to the standards
in subsections (g), (h), or (i) of this section if:
(i)the minor scopes of work would not, on a stand-alone
basis, be considered a major renovation project; and
(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
Cont'd...
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