School facilities-remedy criteria.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0570.E1

HOUSE BILL
NO.
HB0248

School facilities-remedy criteria.

Sponsored by:
Representative(s) Harshman, Brechtel, Buchanan, Davison, Jaggi, Simpson and Teeters and Senator(s) Coe and Hines

A BILL

for

AN ACT relating to
school facilities; specifying and clarifying factors impacting capital construction remedies addressing district facility needs;

specifying application;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 21
‑
15
‑
117
(a)(ii)
and
(b
) through (d)

is amended to read:

21
‑
15
‑
117.

Annual evaluation of school buildings and facilities; remediation schedule; needs prioritization; combining facilities; implementation of remedy.

(a)

Through the identification of school building and facility conditions and needs provided by the assessment conducted and maintained under W.S. 21
‑
15
‑
115, and a comparison of the identified conditions and needs with the established statewide building adequacy standards and the district facility plans developed under W.S. 21
‑
15
‑
116, the commission shall in coordination and cooperation with the districts, evaluate the adequacy of school buildings and facilities within local school districts, and based upon this evaluation, establish a schedule for building and facility remediation. Remediation shall bring all buildings and facilities to conditions such that over time, only routine maintenance is required to maintain building adequacy. The schedule shall identify and prioritize building and facility remedies on a statewide basis, based upon the following:

(ii)

Measures of building condition, educational suitability and technology readiness, including computed building capacity, as established by the commission,
wherein condition
accounts for
fifty
percent (
5
0%) of building adequacy assessment, educational suitability and technology readiness accounts for
fifteen
percent (
15
%), and building capacity accounts for
thirty-five
percent (
35
%),
which over time, bring statewide school buildings and facilities to targeted adequate levels prescribed by the commission;

(b)

Subject to subsection (c) of this section, t
he commission shall for each building and facility remedy scheduled under subsection (a) of this section, determine the most cost effective method of remediation of building and facility needs to
deliver quality educational services and
ensure compliance with the statewide adequacy standards. For any scheduled remedy for which major building and facility repair and replacement payments under W.S. 21
‑
15
‑
109 are not sufficient to remedy the scheduled need, as determined by the commission, the commission shall determine if the remedy requires capital outlay.

(c)

In determining the most cost effective method in meeting capital construction needs in order to deliver quality educational services, the commission in consultation with the select committee on school facilities
:
,

(i)

M
ay recommend consolidating educational facilities within, between or among school districts. The legislature shall approve any consolidation of educational facilities between two (2) or more school districts
;
.

(ii)

Shall
through
guidelines
developed in consultation with the select committee,
restrict capital construction remedies addressing district building and facility needs based upon proximity of location to existing school buildings, addressing both urban and rural
locations and geographical conditions;

(iii)

Shall by rule and regulation, establish clear and transparent requirements limiting capital construction remedies until all
reasonable
other major maintenance and renovation alternatives have been exhausted
;

(iv)

Sh
all
prohibit capital construction remedies
based
solely
on accommodation
of school district grade configuration
decision
s
.

(d)

In determining building and facility remedies under subsection (b) of this section, in developing criteria and procedures for site analysis under W.S. 21
‑
15
‑
114(a)(xii) and in developing district facility plans under W.S. 21
‑
15
‑
116 and otherwise administering this act, the commission shall adopt the remedy that is in the best financial and educational interests of the state, taking into consideration the most efficient and cost effective approach in order to deliver quality educational services and address building and facility need.
Subject to subsection (c) of this section, e
xpenditures from the school capital construction account shall be for necessary and related costs to implement efficient and cost effective building and facility remedies required to deliver quality educational services. In making determinations under this paragraph, the commission shall take into consideration the effects of the proposed activity on the local community. The commission shall implement this subsection in carrying out building and facility remedies and shall, giving proper consideration to the prevention of unnecessary delays in preceding with a remedy, establish a process to work with other political subdivisions of the state in implementing this subsection.

Section 2.

Nothing in this act shall apply to any design, construction or renovation agreement approved by or entered into by the school facilities commission pursuant to W.S. 21
‑
15
‑
114(a)(viii) prior to the effective date of this act, nor shall this act alter or modify any building or facility design, construction or renovation project initiated under W.S. 21
‑
15
‑
118 before the effective date of this act.

Section
3
.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0248