Texas Register

TITLE 19 EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 61SCHOOL DISTRICTS
RULE §61.1040School Facilities Standards for Construction on or after September 1, 2020
ISSUE 05/15/2020
ACTION Proposed
Rule Withdrawn: 11/09/2020
Preamble Texas Admin Code Rule

      (ii)A school district located in an area that has not adopted local building codes shall have the portable, modular building, including the construction of the foundation system and the erection and installation of the building on the foundation, inspected by a qualified, independent third-party inspector, not employed by the design architect, engineer, contractor, or manufacturer, for compliance with the mandatory building codes or approved designs, plans, and specifications. The inspections shall be performed within 30 calendar days of the completion of the construction, erection, and installation of the facility on the site, and the school district shall not occupy or use the facility until the independent third-party inspector makes a final determination that the facility is in compliance with all provisions of this section. For a manufactured portable, modular building that is an industrialized building as defined by Texas Occupations Code, §1202.003, the factory inspection performed under the oversight of the Texas Department of Licensing and Regulation shall suffice to determine compliance of the building envelope with the mandatory building codes or approved designs, plans, and specifications in lieu of an inspection by an independent third-party inspector for a portable, modular building constructed on or after January 1, 1986. However, an inspection of the construction of the foundation system and the erection and installation of the portable, modular building on the foundation shall still be performed.

      (iii)A school district that has purchased or leased a portable, modular building for use as a school facility on or after September 1, 2007, and before the effective date of this section, shall have the inspections required by this subsection performed within 60 calendar days of the effective date of this section. Any items of noncompliance identified during the inspections shall be brought into compliance by the school district within 90 calendar days of the date of the inspections.

      (iv)Portable, modular buildings are required to comply with the minimum standards for safety and security established in subsection (d)(4) of this section.

    (E)Other provisions.

      (i)For school facilities projects subject to the standards in this section, an adequate technology, electrical, and communications infrastructure shall be provided. To ensure the adequacy of the infrastructure, the school district and the architect or engineer shall consider the input of the school district staff, including, but not limited to, the technology director, the library director, the program directors, the maintenance director, and the campus staff, in the planning and design of the infrastructure.

      (ii)As part of its school facilities projects, a school district shall consider the use of designs, methods, and materials that will reduce the potential for indoor air quality problems. A school district may use the voluntary indoor air quality guidelines adopted by the Texas Department of State Health Services under Texas Health and Safety Code, Chapter 385. A school district may also use the Indoor Air Quality Tools for Schools program administered by the U.S. Environmental Protection Agency.

      (iii)As part of its school facilities projects, a school district shall consider the use of sustainable school designs. A sustainable design is a design that minimizes a facility's impact on the environment through energy and resource efficiency.

      (iv)School district facilities shall comply with the 2010 Americans with Disabilities Act Standards for Accessible Design as well as the Texas Accessibility Standards of 2012.

      (v)School district facilities shall comply with all other local, state, and federal requirements, as applicable.

(d)Minimum standards.

  (1)Requirement. All projects shall comply with the requirements of this section.

  (2)Educational specifications.

    (A)Written document. The educational specification must be in writing and include pertinent information regarding the school district mission, vision, goals, and pedagogy, as well as preliminary details related to facility type, grades served, and a maximum population. The educational specification shall include:

      (i)the pertinent provision of the district/campus emergency operations plan relating to the constructed environment; and

      (ii)a written statement that includes:

        (I)the definition of inclusive design principles supported by the district; and

        (II)how inclusive design principles will be addressed in new and renovated facility designs.

    (B)Compliance. The requirement for an educational specification is met when a school district completes the referenced template and makes it available to the architect or engineer.

    (C)Exemptions. The following projects are exempt from the application of this section:

      (i)a project that consists solely of maintenance upgrades; or

      (ii)a building or facility constructed, renovated, or modified on a temporary or emergency basis.

    (D)Schedule. An educational specification shall be created for each campus type. Unique project types require a separate educational specification. 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 shall be updated after five years.

  (3)Long-range facility plan.

    (A)Elements. A school district shall develop a long-range facility plan. The long-range facility plan may include:

      (i)existing instructional programs at each campus, including, but not limited to, special education, dual language, course offerings, and partnerships;

      (ii)the age and condition of all buildings and systems at each campus;

      (iii)site evaluation of each campus, including, but not limited to, overall size; shape; useable land; suitability for intended use as well as planned improvements; adequate vehicular, pedestrian, and emergency access; queuing; parking; and site amenities;

      (iv)the district's educational specifications; and

      (v)the district's enrollment projections.

    (B)Process. The process of developing the long-range facility plan shall consider the inclusion of input from teachers, students, parents, taxpayers, and other district stakeholders.

    (C)Plan. The school district's long-range facility plan shall include all facilities owned or operated by the district and shall include recommendations related to sequencing of proposed improvements at each campus.

    (D)Compliance. The requirement for a long-range facility plan is met when a school district completes the applicable long-range facility plan template available on the TEA website. The applicable template shall be determined based on the types, scope, and funding of the campus needs. The long-range facility plan shall be updated after five years.

    (E)Exceptions. A school district is exempt from the requirements of this section:

      (i)when facilities experience catastrophic damage that invokes the emergency provision of the Texas Education Code (TEC); or

      (ii)in a situation deemed urgent that warrants immediate action that, left unresolved, would impair the conduct of classes.

  (4)Safety and security.

    (A)Compliance.

      (i)Communications infrastructure. All instructional facilities are required to provide the necessary infrastructure to comply with the operational communications provisions of TEC, §37.108(a)(3), that ensure school district or charter school communications technology and infrastructure are adequate to allow for communication during an emergency.

      (ii)Additional standards based on cost. The following standards apply to all projects until an instructional facility fully complies with all of the additional safety and security standards specified in subparagraph (B) of this paragraph.

        (I)If a project's construction budget is $1 million to $5 million, the facility is required to comply with at least one additional safety and security standard specified in subparagraph (B) of this paragraph.

        (II)If a project's construction budget is $5 million to $10 million, the facility is required to comply with at least two additional safety and security standards specified in subparagraph (B) of this paragraph.

        (III)If a project's construction budget is over $10 million, the facility is required to comply with all of the additional safety and security standards specified in subparagraph (B) of this paragraph.

      (iii)Exceptions to additional standards based on cost. A project at a school district or charter school instructional facility may opt out of the requirements specified in clause (ii) of this subparagraph if:

        (I)the building may cease operations as an instructional facility within three years of the project; and

        (II)the five-year long-range facility plan clearly states that prior to the end date of the plan the campus will be in compliance with at least two additional safety and security standards specified in subparagraph (B) of this paragraph if ceasing operation does not occur. The plan must specify which two standards will be used.

    (B)Additional safety and security standards.

      (i)Exterior door numbering. All instructional facilities shall be required to include graphically represented numerical characters located on both the interior and exterior of doors. The front door shall always be door 0 and is the only door or set of doors that does not require graphical numbering. Numbering sequence shall be clockwise. The architect shall coordinate this requirement with any and all accessibility requirements related to signage. Exterior numbering shall comply with the IFC §505.

      (ii)Visitor management. All primary entrances to instructional facilities must provide the necessary design elements to provide for the following operations:

        (I)observation of a person prior to the person's entrance to the building;

        (II)prevention of immediate access to students by merely entering the building; and

        (III)a visitor check-in and check-out process.

      (iii)Security cameras. All instructional facilities shall be required to include a security camera at all primary and secondary entrances.

      (iv)Exterior door access control. All exterior doors to instructional facilities shall be locked from the outside during school hours.

  (5)Common areas.

    (A)Library.

      (i)A school district may consider the School Library Standards and Guidelines as adopted under TEC, §33.021, when developing, implementing, or expanding library services.

      (ii)The sum total square footage of all library-related areas shall meet the following minimum square feet (SF) requirements based on maximum student capacity and may be contiguous or dispersed:

        (I)for 100 students or fewer, a minimum of 1,400 SF;

        (II)for 101-500 students, 1,400 SF plus an additional 4 SF for each student in excess of 100;

        (III)for 501-2,000 students, a minimum of 3,000 SF plus an additional 3 SF for each student in excess of 500; and

        (IV)for 2,001 or more students, a minimum of 7,500 SF plus an additional 2 SF for each student in excess of 2,000.

      (iii)A school district that plans to locate more than 12 student computers in the library shall add 25 SF of space for each additional computer anticipated.

    (B)Gymnasium. Primary gymnasiums or physical education space, if required by the district's educational program, shall have a minimum of 3,000 SF at the elementary school level, 4,800 SF at the middle school level, and 7,500 SF at the high school level.

  (6)Special spaces.

    (A)Combination science classroom/laboratory.

      (i)A combination science classroom/laboratory for Kindergarten-Grade 5 shall provide a minimum of 50 SF per student. The room shall consider a maximum of 22 students, not to exceed 25. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) shall be provided at student laboratory benches, and an additional 3 linear feet (LF) of horizontal laboratory countertop support space shall be provided for equipment and materials for investigations, activities, or student projects.

      (ii)A combination science classroom/laboratory for Grades 6-8 shall provide a minimum of 58 SF per student. The room shall consider a maximum of 24 students, not to exceed 28. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) shall be provided at student laboratory benches, and an additional 3 LF of horizontal laboratory countertop support space shall be provided for equipment and materials for investigations, activities, or student projects.

      (iii)A combination science classroom/laboratory for Grades 9-12 shall provide a minimum of 58 SF per student. The room shall consider a maximum of 24 students, not to exceed 28. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) shall be provided at student laboratory benches, and an additional 3 LF of horizontal laboratory countertop support space shall be provided for equipment and materials for investigations, activities, or student projects.

    (B)Science laboratory.

      (i)A science laboratory for Grades 6-8 shall be a minimum of 42 SF per student. The room shall consider a maximum of 24 students, not to exceed 28. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) shall be provided at student laboratory benches, and an additional 3 LF of horizontal laboratory countertop support space shall be provided for equipment and materials for investigations, activities, or student projects.

      (ii)A science laboratory for Grades 9-12 shall be a minimum of 42 SF per student. The room shall consider a maximum of 24 students, not to exceed 28. Within the total square footage of the room, 6 SF per student of horizontal laboratory countertop space (3 feet wide x 2 feet deep) shall be provided at student laboratory benches, and an additional 3 LF of horizontal laboratory countertop support space shall be provided for equipment and materials for investigations, activities, or student projects.

    (C)Science classrooms. Science classrooms shall be provided at a ratio not to exceed 2:1 of science classrooms to science laboratories at the secondary level. The science laboratories shall be located convenient to the science classrooms they serve.

    (D)Fume hoods. A built-in fume hood shall be provided in each high school level chemistry or Advanced Placement (AP) chemistry laboratory or combination science classroom/laboratory. A built-in fume hood should also be provided in each high school level integrated physics and chemistry (IPC) laboratory or classroom/laboratory. The exhaust shall be vented to the outside above the roof and away from air vents. A built-in fume hood should be provided in each middle school preparation room.

    (E)Preparation/storage rooms. One preparation/storage room at a minimum 10 SF per student shall be provided adjacent to each combination science classroom/laboratory. One preparation/storage room at a minimum of 10 SF per student shall be provided per science classroom and be located adjacent to its partner science laboratory.

    (F)Chemical storage room. If hazardous or vaporous chemicals are to be used in a science laboratory or combination science classroom/laboratory, a separate chemical storage room shall be provided. The chemical storage room shall be separate from, and shall not be combined as part of, a preparation room or an equipment storage room; however, the chemical storage room may be located so that access is through a preparation room or equipment storage room. The chemical storage room shall be secure to prevent access to chemicals by students or non-authorized adults. One chemical storage room may be shared among multiple laboratories or classrooms/laboratories. Refer to NFPA, IFC, and OSHA for additional requirements.

    (G)Eye/face wash. A built-in eye/face wash that can wash both eyes simultaneously shall be provided in each room serving Grades 5-12 where hazardous chemicals or eye irritants are used by instructors and/or students. The eye/face wash shall comply with the ANSI Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season shall consider a tepid water system with a heated source.

    (H)Safety shower. A built-in safety shower shall be provided in each high school level chemistry or AP chemistry laboratory or classroom/laboratory and IPC laboratory or classroom/laboratory. The safety shower shall comply with the ANSI Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season shall consider a tepid water system with a heated source.

    (I)Exhaust fan and ventilation system. Refer to IMC, ANSI, OSHA, and NFPA for project requirements.

Cont'd...

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