Texas Register

TITLE 19 EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 61SCHOOL DISTRICTS
SUBCHAPTER CCCOMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES
RULE §61.1040School Facilities Standards for Construction on or after January 1, 2017
ISSUE 09/23/2016
ACTION Proposed
Rule Withdrawn: 12/12/2016
Preamble Texas Admin Code Rule

(a)Definitions and procedures. The following words, terms, and procedures, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

  (1)Architect--An individual registered as an architect under the Texas Occupations Code, Chapter 1051, and responsible for compliance with the architectural design requirements and all other applicable requirements of the Texas Occupations Code, Chapter 1051.

  (2)Educational program--A written document, developed and provided by the district, that includes the following information:

    (A)a summary of the school district's educational philosophy, mission, and goals; and

    (B)a description of the general nature of the district's instructional program in accordance with §74.1 of this title (relating to Essential Knowledge and Skills). The written educational program should describe:

      (i)the learning activities to be housed, by instructional space;

      (ii)how the subject matter will be taught (methods of instructional delivery);

      (iii)the materials and equipment to be used and stored; and

      (iv)utilities, technology, and other infrastructure needs.

  (3)Educational specifications--A written document for a proposed new school facility or major space renovation that includes a description of the proposed project, expressing the range of issues and alternatives. During the programming and schematic design phase of designing a school facility, the school district and the architect or engineer shall work together to develop the educational specifications, and these educational specifications should be used as a starting guideline for the next facility of the same type. School districts that do not have personnel on staff with experience in developing educational specifications shall use the services of a design professional or consultant experienced in school planning and design to assist in the development of the educational specifications. The school district shall allow for input from teachers, other school campus staff, and district program staff in developing the educational specifications. The original version of the document is to be signed by the board of trustees and the superintendent, and the document should be re-signed by the board of trustees and the superintendent each time it is modified. When developing the educational specifications, the school district shall consult the safety and security standards developed by the Texas School Safety Center. The following information should be included in the educational specifications.

    (A)the instructional programs, grade configuration, and type of facility;

    (B)the spatial relationships--the desired relationships for the functions housed at the facility:

      (i)should be developed by the school district to support the district's instructional program;

      (ii)should identify functions that should be:

        (I)adjacent to, immediately accessible;

        (II)nearby, easily accessible; and

        (III)removed from or away from; and

      (iii)should relate to classroom/instructional functions, instructional support functions, building circulation, site activities/functions, and site circulation;

    (C)number of students;

    (D)a list of any specialized classrooms or major support areas, noninstructional support areas, or external or outdoor activity spaces;

    (E)a schedule of the estimated number and approximate size of all instructional and instructional support spaces included in the facility;

    (F)estimated budget for the facility project;

    (G)school administrative organization;

    (H)provisions for outdoor instruction;

    (I)hours of operation that include the instructional day, extracurricular activities, and any public access or use;

    (J)the safety of students and staff in instructional programs such as science and vocational instruction;

    (K)the furniture, furnishings, and equipment needed to support instruction;

    (L)technology infrastructure; and

    (M)provisions for any planned sustainable features such as natural lighting, air quality, and sustainable practice.

  (4)Engineer--An individual registered as an engineer under the Texas Occupations Code, Chapter 1001, and responsible for compliance with the engineering design requirements and all other applicable requirements of the Texas Occupations Code, Chapter 1001.

  (5)Grade levels:

    (A)elementary school level--a school facility that includes some or all grades from prekindergarten through Grade 5 or Grade 6;

    (B)middle school level--a school facility that includes some or all grades from Grade 5 through Grade 8 or Grade 9;

    (C)high school level--a school facility that includes some or all grades from Grade 9 or Grade 10 through Grade 12, or a school facility that includes only Grade 9;

    (D)secondary school level--a school facility that includes some or all grades from Grade 6 through Grade 12; and

    (E)other school level--a school facility with grades defined by the district.

  (6)Hazardous chemical--As defined by the Texas Health and Safety Code, Chapter 502, Hazard Communication Act.

  (7)Instructional space--General classrooms, specialized classrooms, outdoor learning areas, and major support areas.

  (8)Library media centers--An area or areas in a school where a full range of materials, technology, and services from library media staff are accessible to students and school personnel.

  (9)Long-range school facility plan--School districts are encouraged to formulate a long-range facilities plan prior to making major capital investments. When formulating a plan, a school district's process should allow for input from teachers, students, parents, taxpayers, and other interested parties that reside within the school district. Major considerations should include:

    (A)a description of the current and future instructional program and instructional delivery issues;

    (B)the age, condition, and educational appropriateness of all buildings on the campus (in district), considering condition of all components and systems as well as design flexibility, including an estimate of cost to replace or refurbish and appropriate recommendations;

    (C)verification of the suitability of school site(s) for the intended use, considering size, shape, useable land, suitability for the planned improvements, and adequate vehicular and pedestrian access, queuing, parking, playgrounds and fields, etc.;

    (D)a technology assessment that includes an analysis of instructional hardware and software, networks, and how technology is being used today as well as projections of how technology might be used in the future;

    (E)safety and security as a criteria for site suitability;

    (F)as necessary, a demographic study to project nature, size, and location of future enrollments; and

    (G)a timeline and a series of recommendations to modify or supplement existing facilities to support the district's instructional program.

  (10)Major space renovations--Renovations to all or part of the facility's instructional space where the scope of the work in the affected part of the facility involves substantial renovations to the extent that most existing interior walls and fixtures are demolished and then subsequently rebuilt in a different configuration and/or function or enough walls are added that 50% or more of the project area is reconfigured. Other renovations associated with repair or replacement of architectural interior or exterior finishes; fixtures; equipment; and electrical, plumbing, and mechanical systems are not subject to the requirements of subsections (d) and (e) of this section, but shall comply with applicable building codes as required by subsection (f) of this section. When a school district repurposes a classroom in a way that does not meet the definition of major space renovation (for example, refurbishing a classroom from one grade level to another), the classroom specifications in the Texas Education Agency (TEA) facility standards that were in effect when the school was built or last underwent a major space renovation shall take precedence.

  (11)Portable, modular building--An industrialized building as defined by the Texas Occupations Code, §1202.003, or any other manufactured or site-built building that is capable of being relocated and is used as a school facility.

  (12)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 single class period.

  (13)Square feet per room measurements--The net square footage of a room includes exposed storage space, such as cabinets or shelving, but does not include 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.

  (14)Abbreviations:

    (A)ANSI--American National Standards Institute;

    (B)IBC--International Building Code;

    (C)ICC--International Code Council;

    (D)IFC--International Fire Code; and

    (E)NFPA--National Fire Protection Association.

(b)Implementation date. The requirements for school facility standards shall apply to projects for new construction or major space renovations for which the construction documents have been approved by a school district board of trustees, or a board's authorized representative, on or after January 1, 2017. For projects for which a school district approved the construction documents prior to January 1, 2017, if a school district makes changes or revisions to the design of the projects on or after January 1, 2017, and before the end of construction, the changes or revisions are subject to the standards specified in §61.1036 of this title (relating to School Facilities Standards for Construction Between January 1, 2004, and December 31, 2016). For projects funded from bond elections passed prior to October 1, 2016, and for which a contract for construction has been awarded no later than December 31, 2016, a school district may comply with the standards that were in effect prior to October 30, 2016. These standards will be available on the TEA website.

(c)Certification of design and construction.

  (1)In this section, the word "certify" indicates that the architect or engineer has reviewed the standards contained in this chapter and used the best professional judgment and reasonable care consistent with the practice of architecture or engineering in the State of Texas in executing the construction documents. The architect or engineer also certifies that these documents conform to the provisions of this section, except as indicated on the certification.

  (2)The school district shall notify and obligate the architect or engineer to provide the required certification. The architect's or engineer's signature and seal on the construction documents shall certify compliance.

  (3)To ensure that facilities have been designed and constructed according to the provisions of this section, each of the involved parties shall execute responsibilities as follows.

    (A)The school district shall provide the educational program and building code specifications for the facility to the architect or engineer, and the school district and the architect or engineer shall work together to develop educational specifications as specified in subsection (a)(3) of this section. The educational program and educational specifications shall be approved by the board of trustees as required by this subchapter. If a school district has a long-range school facility plan, it shall also be provided to the architect or engineer.

    (B)The architect or engineer shall perform a building code search under applicable regulations that may influence the scope of work and shall certify that the design meets applicable codes before it is final.

    (C)The architect or engineer shall also certify that the facility has been designed according to the provisions of this section based on the educational program, educational specifications, long-range school facility plan, building code specifications, and all documented changes to the construction documents.

    (D)The building contractor or construction manager shall certify that the facility has been constructed in general accordance with the construction documents specified in subparagraph (C) of this paragraph. If the school district acts as general contractor, it shall make the certification required by this paragraph.

    (E)When construction is completed, the school district shall certify that the facility conforms to the design requirements specified in subparagraph (A) of this paragraph.

    (F)The certifications specified in subparagraphs (A)-(E) of this paragraph shall be gathered on the "Certification of Project Compliance" form developed by the TEA. The school district will retain this form in its files indefinitely until review and/or submittal is required by representatives of the TEA.

(d)Space, minimum square foot, and design requirements.

  (1)A school district shall provide instructional space if required by the district educational specifications described in subsection (e) of this section.

  (2)For each type of instructional space, a district shall satisfy the requirements of this section by using the standard for square feet per room specified in paragraph (6)(B)-(D) of this subsection. For school districts with facilities that have one or more classrooms with maximum class sizes that are normally less than 22 students at the elementary level and less than 25 students at the middle or high school level, the school districts may satisfy the requirements of this section for those classrooms by using the standard for the minimum square feet per student specified in paragraph (6)(B)-(D) of this subsection. These classrooms shall be designed on the basis of expected maximum class size and not expected average class size.

  (3)School districts shall provide extra square footage to ensure that usable square feet per student, as specified in paragraph (6)(B)-(D) of this subsection, is maintained in classrooms that contain large furniture and equipment. To improve circulation and usability of classroom space, school districts with class sizes that are normally larger than 25 students for Grades 5-12 shall also increase the minimum classroom size by adding the appropriate minimum square feet per student specified in paragraph (6)(B)-(D) of this subsection for each student in excess of 25.

  (4)Compliance with the standards specified in paragraph (6)(B)-(D) of this subsection will be evaluated based on the school district's intended full-time and/or part-time use of the areas and not the name of the areas as identified in the construction documents.

  (5)It is not the intent of the facility standards to limit the use of nontraditional, alternative, sustainable, and/or innovative school designs. A nontraditional design model is one that works to break down the scale of the school and improve the connection of students to the resources available within the school environment. If a school district chooses to use a nontraditional model, the following provisions shall apply.

    (A)The instructional spaces where teachers will instruct groups of students in specialized coursework shall meet the standard, as appropriate based on group size, for square feet per room or for the minimum square feet per student specified in paragraph (6)(C) of this subsection.

    (B)Large group lecture spaces that do not use tables or desks for students shall have a minimum of 15 square feet per student. Large group lecture spaces that use tables or desks for students shall meet the standard, as appropriate based on group size, for square feet per room or for the minimum square feet per student specified in paragraph (6)(B) of this subsection.

    (C)An individual student learning area that is assigned to a specific student shall have a minimum of 35 square feet. An individual student learning area that is not assigned to a specific student shall have a minimum of 25 square feet.

    (D)If necessary under the design model, the reading/reference area function of the library media center may be dispersed throughout the facility outside the normal library media center boundaries. The sum total square footage of all areas related to the library media center shall meet the minimum square feet specified for library media centers in paragraph (6)(E) of this subsection.

    (E)Districts that use a nontraditional model shall post on the district's website the appropriate document(s) that describe the district's nontraditional design (for example, the long-range school facility plan, the educational program, and/or the educational specifications).

  (6)Instructional area size and design requirements.

    (A)Design criteria. The school district shall provide the architect or engineer with the following information so that the architect or engineer can adequately design all facilities to meet the criteria specified in subparagraphs (B)-(D) of this paragraph:

      (i)all expected class sizes for the facilities;

      (ii)the list of chemicals and non-uniform-sized equipment to be used in the science laboratories or science laboratory/classrooms;

Cont'd...

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