The Texas Education Agency (TEA) proposes an amendment to §61.1033 and new §61.1036, concerning school facilities standards. Section 61.1033 establishes standards for adequacy of Texas public school facilities. The proposed amendment to §61.1033 and new §61.1036 modify and clarify rule pertaining to new school construction. These rule actions would phase out old construction standards and update them to reflect recent changes in model building codes, increase safety in newly constructed or substantially renovated science laboratories, close loopholes pertaining to construction issues, and provide direction to school districts and designers by clarifying ambiguous language that is currently open to interpretation.

Texas Education Code (TEC), §16.402, 72nd Texas Legislature, 1991, authorized the State Board of Education (SBOE) to establish standards addressing the adequacy of Texas public school facilities. In July 1992, the SBOE adopted 19 TAC §§61.101-61.104, effective September 1, 1992, which set such standards. In January 1994, the SBOE made minor modification pertaining to the planning process of the school facilities standards rules and adopted the standards as 19 TAC §§61.11-61.14, effective September 1, 1994. In 1997, the 75th Texas Legislature transferred to the commissioner of education the authority to establish standards for adequacy for facilities constructed after September 1, 1998. In spite of the transfer of authority, a reference currently remains in statute from the 74th Texas Legislature, 1995, (TEC, §42.352) for facilities constructed after September 1, 1992, to meet standards adopted by the SBOE. In 1998, however, in accordance with TEC, §46.008, 75th Texas Legislature, 1997, the SBOE repealed 19 TAC §§61.11-61.14, effective September 1, 1998, and the commissioner adopted the current rule outlined in 19 TAC §61.1033, effective September 1, 1998.

The proposed amendment to 19 TAC §61.1033 consists of revising the title from "School Facilities Standards" to "School Facilities Standards for Construction before August 1, 2003." Language is also added to subsection (b) to clarify the applicability of this rule to projects approved by a school district board of trustees after September 1, 1998, and before August 1, 2003. In addition, language is added to subsection (d)(2)(B)(ii) relating to specialized classrooms to provide definition for a science lecture/lab.

The proposed new 19 TAC §61.1036 applies to projects for new construction or major space renovations for which the construction documents are approved by a school district board of trustees on or after August 1, 2003. The proposed new rule establishes definitions and procedures; effective date; certification of design and construction; space, minimum square foot, and design requirements; educational adequacy; and construction quality.

The proposed amendment and new rule should be adopted to be effective by the spring of 2003; however, as specified, the new provisions will apply to projects on or after August 1, 2003. The spring effective date will allow districts to make plans in advance of the summer implementation date.

Joe Wisnoski, assistant commissioner for school finance and fiscal analysis, has determined that for the first five-year period the amendment and new section are in effect there will be fiscal implications for state or local government as a result of enforcing or administering the amendment. The proposed rule action would increase classroom size for combined science laboratory/classrooms and establish standards for science laboratories with separate science classrooms. It also requires the provision of certain new features in science facilities and changes library size requirements that could result in larger libraries for some projects. Therefore, construction cost could be higher pursuant to the proposed rule changes for school districts undertaking construction involving science facilities and/or libraries.

Mr. Wisnoski has determined that for each year of the first five years the amendment and new section are in effect the public benefit anticipated as a result of enforcing the amendment and new section will be that the requirements for adequate and safe school construction in Texas will be clarified and upgraded. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment and new section.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Accountability Reporting and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed amendment and new section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The amendment and new section are proposed under Texas Education Code, §46.008, which authorizes the commissioner to establish standards for adequacy of school facilities.

The amendment and new section implement the TEC, §46.008.