15-2011

15-2011. Minimum school facility adequacy
requirements; definition

A. The school facilities board, as determined and prescribed in this chapter, shall
provide funding to school districts for new construction as the projected number of
pupils in the district will fill the existing school facilities and require more pupil
space.

B. School buildings in a school district are adequate if all of the following
requirements are met:

1. The buildings contain sufficient and appropriate space and equipment that comply
with the minimum school facility adequacy guidelines established pursuant to subsection F
of this section. The state shall not fund facilities for elective courses that require
the school district facilities to exceed minimum school facility adequacy
requirements. The school facilities board shall determine whether a school building
meets the requirements of this paragraph by analyzing the total square footage that is
available for each pupil in conjunction with the need for specialized spaces and
equipment.

2. The buildings are in compliance with federal, state and local building and fire
codes and laws that are applicable to the particular building. An existing school
building is not required to comply with current requirements for new buildings unless
this compliance is specifically mandated by law or by the building or fire code of the
jurisdiction where the building is located.

3. The building systems, including roofs, plumbing, telephone systems, electrical
systems, heating systems and cooling systems, are in working order and are capable of
being properly maintained.

4. The buildings are structurally sound.

C. The standards that shall be used by the school facilities board to determine
whether a school building meets the minimum adequate gross square footage requirements
are as follows:

1. For a school district that provides instruction to pupils in programs for
preschool children with disabilities, kindergarten programs and grades one through six,
eighty square feet per pupil in programs for preschool children with disabilities,
kindergarten programs and grades one through six.

2. For a school district that provides instruction to up to eight hundred pupils in
grades seven and eight, eighty-four square feet per pupil in grades seven and eight.

3. For a school district that provides instruction to more than eight hundred
pupils in grades seven and eight, eighty square feet per pupil in grades seven and eight
or sixty-seven thousand two hundred square feet, whichever is more.

4. For a school district that provides instruction to up to four hundred pupils in
grades nine through twelve, one hundred twenty-five square feet per pupil in grades nine
through twelve.

5. For a school district that provides instruction to more than four hundred and up
to one thousand pupils in grades nine through twelve, one hundred twenty square feet per
pupil in grades nine through twelve or fifty thousand square feet, whichever is more.

6. For a school district that provides instruction to more than one thousand and up
to one thousand eight hundred pupils in grades nine through twelve, one hundred twelve
square feet per pupil in grades nine through twelve or one hundred twenty thousand square
feet, whichever is more.

7. For a school district that provides instruction to more than one thousand eight
hundred pupils in grades nine through twelve, ninety-four square feet per pupil in grades
nine through twelve or two hundred one thousand six hundred square feet, whichever is
more.

D. The school facilities board may modify the square footage requirements
prescribed in subsection C of this section or modify the amount of monies awarded to cure
the square footage deficiency pursuant to this section for particular school districts
based on extraordinary circumstances for any of the following considerations:

1. The number of pupils served by the school district.

2. Geographic factors.

3. Grade configurations other than those prescribed in subsection C of this
section.

E. In measuring the square footage per pupil requirements of subsection C of this
section, the school facilities board shall:

1. Use the most recent one hundredth day average daily membership.

2. For each school, use the lesser of either:

(a) Total gross square footage.

(b) Student capacity multiplied by the appropriate square footage per pupil
prescribed by subsection C of this section.

3. Consider the total space available in all schools in use in the school district,
except that the school facilities board shall allow an exclusion of the square footage
for certain schools and the pupils within the schools' boundaries if the school district
demonstrates to the board's satisfaction unusual or excessive busing of pupils or unusual
attendance boundary changes between schools.

4. Compute the gross square footage of all buildings by measuring from exterior
wall to exterior wall. Square footage used solely for district administration, storage
of vehicles and other nonacademic purposes shall be excluded from the gross square
footage.

5. Include all portable and modular buildings.

6. Include in the gross square footage new construction funded wholly or partially
by the school facilities board based on the square footage funded by the school
facilities board. If the new construction is to exceed the square footage funded by the
school facilities board, the excess square footage shall not be included in the gross
square footage if any of the following applies:

(a) The excess square footage was constructed before July 1, 2002 or funded by a
class B bond, impact aid revenue bond or capital outlay override approved by the voters
after August 1, 1998 and before June 30, 2002 or funded from unrestricted capital outlay
expended before June 30, 2002.

(b) The excess square footage of new school facilities does not exceed twenty-five
per cent of the minimum square footage requirements pursuant to subsection C of this
section.

(c) The excess square footage of expansions to school facilities does not exceed
twenty-five per cent of the minimum square footage requirements pursuant to subsection C
of this section.

7. Require that excess square footage that is constructed after July 1, 2002 and
that is not excluded pursuant to paragraph 6 of this subsection meets the minimum school
facility adequacy guidelines in order to be eligible for building renewal monies as
computed in section 15-2031.

8. Exclude square footage built under a developer agreement according to section
15-342, paragraph 33 until the school facilities board provides funding for the square
footage under section 15-2041, subsection O.

F. The school facilities board shall adopt rules establishing minimum school
facility adequacy guidelines. The executive director of the school facilities board
shall report monthly to the joint committee on capital review on the progress of the
development of the proposed rules establishing the guidelines. The joint committee on
capital review shall review the proposed guidelines before the school facilities board
adopts the rules to establish the minimum school facility adequacy guidelines. The
guidelines shall provide the minimum quality and quantity of school buildings and
facilities and equipment necessary and appropriate to enable pupils to achieve the
academic standards pursuant to section 15-203, subsection A, paragraphs 12 and 13 and
sections 15-701 and 15-701.01. At a minimum, the school facilities board shall address
all of the following in developing these guidelines:

1. School sites.

2. Classrooms.

3. Libraries and media centers, or both.

4. Cafeterias.

5. Auditoriums, multipurpose rooms or other multiuse space.

6. Technology.

7. Transportation.

8. Facilities for science, arts and physical education.

9. Other facilities and equipment that are necessary and appropriate to achieve the
academic standards prescribed pursuant to section 15-203, subsection A, paragraphs 12 and
13 and sections 15-701 and 15-701.01.

10. Appropriate combinations of facilities or uses listed in this section.

G. The board shall consider the facilities and equipment of the schools with the
highest academic productivity scores, as prescribed in section 15-2002, subsection A,
paragraph 9, subdivision (d), and the highest parent quality ratings in the establishment
of the guidelines.

H. The school facilities board may consider appropriate combinations of facilities
or uses in making assessments of and curing existing deficiencies pursuant to section
15-2002, subsection A, paragraph 1 and in certifying plans for new school facilities
pursuant to section 15-2002, subsection A, paragraph 5.

I. For the purposes of this section, "student capacity" means the capacity adjusted
to include any additions to or deletions of space, including modular or portable
buildings at the school. The school facilities board shall determine the student
capacity for each school in conjunction with each school district, recognizing each
school's allocation of space as of July 1, 1998, to achieve the academic standards
prescribed pursuant to section 15-203, subsection A, paragraphs 12 and 13 and sections
15-701 and 15-701.01.