15-2002

15-2002. Powers and duties; executive
director; staffing; report

A. The school facilities board shall:

1. Make assessments of school facilities and equipment deficiencies and approve the
distribution of grants as appropriate.

2. Develop a database for administering the building renewal formula prescribed in
section 15-2031 and administer the distribution of monies to school districts for
building renewal.

3. Inspect school buildings at least once every five years to ensure compliance
with the building adequacy standards prescribed in section 15-2011 and routine
preventative maintenance guidelines as prescribed in this section with respect to
construction of new buildings and maintenance of existing buildings. The school
facilities board shall randomly select twenty school districts every thirty months and
inspect them pursuant to this paragraph.

4. Review and approve student population projections submitted by school districts
to determine to what extent school districts are entitled to monies to construct new
facilities pursuant to section 15-2041. The board shall make a final determination within
six months of the receipt of an application by a school district for monies from the new
school facilities fund.

5. Certify that plans for new school facilities meet the building adequacy
standards prescribed in section 15-2011.

6. Develop prototypical elementary and high school designs. The board shall review
the design differences between the schools with the highest academic productivity scores
and the schools with the lowest academic productivity scores. The board shall also review
the results of a valid and reliable survey of parent quality rating in the highest
performing schools and the lowest performing schools in this state. The survey of parent
quality rating shall be administered by the department of education. The board shall
consider the design elements of the schools with the highest academic productivity scores
and parent quality ratings in the development of elementary and high school designs. The
board shall develop separate school designs for elementary, middle and high schools with
varying pupil capacities.

7. Develop application forms, reporting forms and procedures to carry out the
requirements of this article.

8. Review and approve or reject requests submitted by school districts to take
actions pursuant to section 15-341, subsection G.

9. Submit electronically an annual report by December 15 to the speaker of the
house of representatives, the president of the senate, the superintendent of public
instruction, the director of the Arizona state library, archives and public records and
the governor that includes the following information:

(a) A detailed description of the amount of monies distributed by the school
facilities board in the previous fiscal year.

(b) A list of each capital project that received monies from the school facilities
board during the previous fiscal year, a brief description of each project that was
funded and a summary of the board's reasons for the distribution of monies for the
project.

(c) A summary of the findings and conclusions of the building maintenance
inspections conducted pursuant to this article during the previous fiscal year.

(d) A summary of the findings of common design elements and characteristics of the
highest performing schools and the lowest performing schools based on academic
productivity, including the results of the parent quality rating survey. For the purposes
of this subdivision, "academic productivity" means academic year advancement per calendar
year as measured with student-level data using the statewide nationally standardized
norm-referenced achievement test.

10. By December 1 of each year, report electronically to the joint committee on
capital review the amounts necessary to fulfill the requirements of sections 15-2022,
15-2031 and 15-2041 for the following fiscal year and the estimated amounts necessary to
fulfill the requirements of sections 15-2022, 15-2031 and 15-2041 for the fiscal year
following the next fiscal year. The board shall provide copies of the report to the
president of the senate, the speaker of the house of representatives and the governor.

11. Adopt minimum school facility adequacy guidelines to provide the minimum quality
and quantity of school buildings and the facilities and equipment necessary and
appropriate to enable pupils to achieve the educational goals of the Arizona state
schools for the deaf and the blind. The school facilities board shall establish minimum
school facility adequacy guidelines applicable to the Arizona state schools for the deaf
and the blind.

12. In each even-numbered year, report electronically to the joint committee on
capital review the amounts necessary to fulfill the requirements of sections 15-2031 and
15-2041 for the Arizona state schools for the deaf and the blind for the following two
fiscal years. The Arizona state schools for the deaf and the blind shall incorporate the
findings of the report in any request for building renewal monies and new school
facilities monies. Any monies provided to the Arizona state schools for the deaf and the
blind for building renewal and for new school facilities are subject to legislative
appropriation.

13. By June 15 of each year, submit electronically detailed information regarding
demographic assumptions, a proposed construction schedule and new school construction
cost estimates for individual projects approved in the current fiscal year and expected
project approvals for the upcoming fiscal year to the joint committee on capital review
for its review. A copy of the report shall also be submitted electronically to the
governor's office of strategic planning and budgeting. The joint legislative budget
committee staff, the governor's office of strategic planning and budgeting staff and the
school facilities board staff shall agree on the format of the report.

14. Every two years, provide school districts with information on improving and
maintaining the indoor environmental quality in school buildings.

B. The school facilities board may contract for the following services in
compliance with the procurement practices prescribed in title 41, chapter 23:

1. Private services.

2. Construction project management services.

3. Assessments for school buildings to determine if the buildings have outlived
their useful life pursuant to section 15-2041, subsection G.

4. Services related to land acquisition and development of a school site.

C. The governor shall appoint an executive director of the school facilities board
pursuant to section 38-211. The executive director is eligible to receive compensation
as determined pursuant to section 38-611 and may hire and fire necessary staff as
approved by the legislature in the budget. The executive director shall have demonstrated
competency in school finance, facilities design or facilities management, either in
private business or government service. The executive director serves at the pleasure of
the governor. The staff of the school facilities board is exempt from title 41, chapter
4, articles 5 and 6. The executive director:

1. Shall analyze applications for monies submitted to the board by school
districts.

2. Shall assist the board in developing forms and procedures for the distribution
and review of applications and the distribution of monies to school districts.

3. May review or audit, or both, the expenditure of monies by a school district for
deficiencies corrections, building renewal and new school facilities.

4. Shall assist the board in the preparation of the board's annual report.

5. Shall research and provide reports on issues of general interest to the board.

6. May aid school districts in the development of reasonable and cost-effective
school designs in order to avoid statewide duplicated efforts and unwarranted
expenditures in the area of school design.

7. May assist school districts in facilitating the development of
multijurisdictional facilities.

8. Shall assist the board in any other appropriate matter or method as directed by
the members of the board.

9. Shall establish procedures to ensure compliance with the notice and hearing
requirements prescribed in section 15-905. The notice and hearing procedures adopted by
the board shall include the requirement, with respect to the board's consideration of any
application filed after July 1, 2001 or after December 31 of the year in which the
property becomes territory in the vicinity of a military airport or ancillary military
facility as defined in section 28-8461 for monies to fund the construction of new school
facilities proposed to be located in territory in the vicinity of a military airport or
ancillary military facility, that the military airport receive notification of the
application by first class mail at least thirty days before any hearing concerning the
application.

10. May expedite any request for monies in which the local match was not obtained
for a project that received preliminary approval by the state board for school capital
facilities.

11. Shall expedite any request for monies in which the school district governing
board submits an application that shows an immediate need for a new school facility.

12. Shall make a determination as to administrative completion within one month
after the receipt of an application by a school district for monies from the new school
facilities fund.

13. Shall provide technical support to school districts as requested by school
districts in connection with the construction of new school facilities and the
maintenance of existing school facilities and may contract directly with construction
project managers pursuant to subsection B of this section. This paragraph does not
restrict a school district from contracting with a construction project manager using
district or state resources.

D. When appropriate, the school facilities board shall review and use the statewide
school facilities inventory and needs assessment conducted by the joint committee on
capital review and issued in July, 1995.

E. The school facilities board shall contract with one or more private building
inspectors to complete an initial assessment of school facilities and equipment and shall
inspect each school building in this state at least once every five years to ensure
compliance with section 15-2011. A copy of the inspection report, together with any
recommendations for building maintenance, shall be provided to the school facilities
board and the governing board of the school district.

F. The school facilities board may consider appropriate combinations of facilities
or uses in making assessments of and curing deficiencies pursuant to subsection A,
paragraph 1 of this section and in certifying plans for new school facilities pursuant to
subsection A, paragraph 5 of this section.

G. The board shall not award any monies to fund new facilities that are financed by
class A bonds that are issued by the school district.

H. The board shall not distribute monies to a school district for replacement or
repair of facilities if the costs associated with the replacement or repair are covered
by insurance or a performance or payment bond.

I. The board may contract for construction services and materials that are
necessary to correct existing deficiencies in school district facilities. The board may
procure the construction services necessary pursuant to this subsection by any method,
including construction-manager-at-risk, design-build, design-bid-build or
job-order-contracting as provided by title 41, chapter 23. The construction planning and
services performed pursuant to this subsection are exempt from section 41-791.01.

J. The school facilities board may enter into agreements with school districts to
allow school facilities board staff and contractors access to school property for the
purposes of performing the construction services necessary pursuant to subsection I of
this section.

K. Each school district shall develop routine preventative maintenance guidelines
for its facilities. The guidelines shall include plumbing systems, electrical systems,
heating, ventilation and air conditioning systems, special equipment and other systems
and for roofing systems shall recommend visual inspections performed by district staff
for signs of structural stress and weakness. The guidelines shall be submitted to the
school facilities board for review and approval. If on inspection by the school
facilities board it is determined that a school district facility was inadequately
maintained pursuant to the school district's routine preventative maintenance guidelines,
the school district shall use building renewal monies pursuant to section 15-2031,
subsection L to return the building to compliance with the school district's routine
preventative maintenance guidelines. Once the district is in compliance, it no longer is
required to use building renewal monies for preventative maintenance.

L. The school facilities board may temporarily transfer monies between the capital
reserve fund established by section 15-2003, the emergency deficiencies correction fund
established by section 15-2022, the building renewal fund established by section 15-2031
and the new school facilities fund established by section 15-2041 if all of the following
conditions are met:

1. The transfer is necessary to avoid a temporary shortfall in the fund into which
the monies are transferred.

2. The transferred monies are restored to the fund where the monies originated as
soon as practicable after the temporary shortfall in the other fund has been addressed.

3. The school facilities board reports to the joint committee on capital review the
amount of and the reason for any monies transferred.

M. After notifying each school district, and if a written objection from the school
district is not received by the school facilities board within thirty days of the
notification, the school facilities board may access public utility company records of
power, water, natural gas, telephone and broadband usage to assemble consistent and
accurate data on utility consumption at school facilities to determine the effectiveness
of facility design, operation and maintenance measures intended to reduce energy and
water consumption and costs. Any public utility that provides service to a school
district in this state shall provide the data requested by the school facilities board
pursuant to this subsection.

N. The school facilities board shall not require a common school district that
provides instruction to pupils in grade nine to obtain approval from the school
facilities board to reconfigure its school facilities. A common school district that
provides instruction to pupils in grade nine is not entitled to additional monies from
the school facilities board for facilities to educate pupils in grade nine.