The Texas Education Agency (TEA) proposes the repeal of §61.1033, an amendment to §61.1036, and new §61.1040, concerning school facilities standards. The proposed revisions would update facility standards rules by repealing a section outlining standards for construction before 2004, amending the title of a section to clarify the years to which the section applies and making minor technical corrections, and adding a new section for construction beginning in 2017.

Texas Education Code (TEC), §46.008, requires the commissioner to establish standards for the adequacy of school facilities, including requirements related to space, educational adequacy, and construction quality. All new facilities constructed after September 1, 1998, must meet the standards to be eligible to be financed with state or local tax funds. Facility standards have been adopted in rule since 1998 in 19 TAC §61.1033, School Facilities Standards for Construction before January 1, 2004. In 2003, 19 TAC §61.1036, School Facilities Standards for Construction on or after January 1, 2004, was adopted to update the standards for newer construction.

The proposed revisions to 19 TAC Chapter 61, Subchapter CC, would update facility standards rules as follows.

19 TAC §61.1033

Section 61.1033 would be repealed. The agency has determined that it is not necessary to maintain all previous facility standards in rule. However, TEA will continue to maintain the standards on the agency website.

19 TAC §61.1036

The title of §61.1036 would be amended to clarify that the section's facilities standards apply to new construction between January 1, 2004, and December 31, 2016. In addition, a correction would be made to remove a reference to the voluntary indoor air quality guidelines adopted by the Texas Department of State Health Services since the 84th Texas Legislature, 2015, removed the requirement that the guidelines be adopted by a state agency. Other corrections would include updating the name of the "Indoor Air Quality Design Tools for Schools" program administered by the U.S. Environmental Protection Agency and amending a reference to the Texas accessibility standards in Texas Government Code, Chapter 469.

19 TAC §61.1040

Proposed new §61.1040, School Facilities Standards for Construction on or after January 1, 2017, would be added to ensure that the new facility standards are well aligned with current curriculum and best practices and that the standards account for the ways that technology has affected and will continue to affect the requirements of educational facilities. The proposed new standards would be similar to the facility standards adopted in §61.1036. Significant differences in the new rule would be as follows.

19 TAC §61.1040(a)

The new rule would include language in the definition of educational specifications that makes development of the educational specifications a collaborative process between the school district and the architect or engineer. The definition would also require that the board of trustees and superintendent sign the original version of and any modifications to the educational specifications, and it would specify that when developing the educational standards, the school district must consult the Texas School Safety Center's safety and security standards. In addition, the facility's security plan would not be included in the requirements for the educational specifications, but the specifications would be required to include the furniture and equipment needed to support instruction, the technology infrastructure, and provisions for any planned sustainable features.

A description of the new grade level category "other school level" would be added to allow school districts to specify the grade levels served at a school.

The term library would be updated to library media centers, and the definition would be modified.

Language relating to the long-range school facility plan would specify that the plan should include a technology assessment, safety and security as a criteria for site suitability, and a demographic study if necessary.

The definition of major space renovations would include additional construction criteria and clarify that when a refurbishment does not meet the definition of a major space renovation, the facility standards that were in effect when the school was built or last underwent a major space renovation shall take precedence.

19 TAC §61.1040(c)

A requirement would be included that the architect or engineer must certify before the facility design is final that the design meets applicable building codes.

19 TAC §61.1040(d)

The new rule would not include the provision allowing districts to seek TEA approval for alternate classroom designs with square feet measurements less than those specified in the rule.

School districts would be required, rather than encouraged, to provide extra square footage for classrooms with large furniture and equipment and classes that are normally larger than 25 students.

Districts that use an innovative model would be required to post certain documents on the district's website.

The list of design criteria that a school district must provide to the architect or engineer would include non-uniform-sized equipment and the types of services and programs that will be provided in the special education classrooms.

Language relating to general classroom size requirements would include provisions for classrooms with significantly more or less than 22 students at the elementary school level or significantly more or less than 25 students at the secondary school level.

Information related to computer classrooms would not be included in the new rule.

The minimum square feet per classroom for combination science laboratories/classrooms would be increased for the middle school level.

Language would specify that the ambient temperature of a chemical storage room shall be controlled year-round and that the size of hazardous chemical storage shall be in addition to minimum classroom size. Specifications for filtered fume hoods would be included, built-in eye/face washes and safety showers would be required to be accessible within 10 seconds for each person in the room, and flushing and drainage specifications would be added per ANSI Z358. Science laboratories and science laboratories/classrooms would be required to be designed with a clear line of vision that enables teachers to supervise students, and a requirement would be included that each science room have a minimum of 10 square feet per student for preparation, equipment, and materials storage.

The new rule would increase special education classroom size requirements based on input from TEA staff in the area of special education.

The reading/reference area of the library media center would be permitted to be dispersed throughout the facility.

19 TAC §61.1040(f)

The construction quality standards would require that all new facilities have fire suppression systems and be designed to control visitor access.

Language would be included to require portable, modular buildings to comply with all space, minimum square foot, and design requirements and either have or be within 500 feet of an accessible toilet.

Language stating that school districts should use the voluntary indoor air quality guidelines adopted by the Texas Department of State Health Services under the Texas Health and Safety Code, Chapter 385, would be removed. The 84th Texas Legislature, 2015, removed the requirement that the guidelines be adopted by a state agency.

Finally, a requirement would be included that school districts ensure facilities are constructed to comply with multi-hazard emergency operations plans adopted under TEC, §37.108.

The proposed rule action would require school districts to complete a form certifying that facility standards have been met.

The proposed rule action would require school districts to retain the certification form in its files indefinitely until review and/or submittal is required by the TEA.

FISCAL NOTE. Kara Belew, deputy commissioner for finance administration, has determined that for the first five-year period the rule actions are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule actions. There is no effect on local economy for the first five years that the proposed rule actions are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022

PUBLIC BENEFIT/COST NOTE. Ms. Belew has determined that for each year of the first five years the rule actions are in effect the public benefit anticipated as a result of enforcing the rule actions will be to upgrade the requirements for adequate and safe school construction in Texas. There is no anticipated economic cost to persons who are required to comply with the proposed rule actions.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES AND MICROBUSINESSES. There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 23, 2016, and ends October 24, 2016. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 23, 2016.

STATUTORY AUTHORITY. The amendment and new section are proposed under the Texas Education Code (TEC), §46.002, which authorizes the commissioner to adopt rules for the administration of the instructional facilities allotment and specifies that the rules may limit the amount of the allotment used to construct, acquire, renovate, or improve an instructional facility that may also be used for noninstructional or extracurricular activities; and TEC, §46.008, which requires the commissioner to establish standards for adequacy of school facilities, including requirements related to space, educational adequacy, and construction quality. All new facilities constructed after September 1, 1998, must meet the standards to be eligible to be financed with state or local tax funds.

CROSS REFERENCE TO STATUTE. The amendment and new section implement the Texas Education Code, §46.002 and §46.008.