school facilities board;
monitoring; leases
HB 2552 allows the School Facilities Board (SFB) to withhold an appropriate amount of building renewal monies from school districts if the school district is not properly maintaining its facilities based on annual inspection conducted by the SFB (see Education Committee amendment).
The Students FIRST legislation, adopted in 1998, established the State Facilities Board (SFB) to evaluate and monitor school capital needs and to distribute building renewal, existing deficiencies, and new construction funding. Under the powers and duties of the SFB, the SFB is required to inspect school buildings at least once every five years to ensure compliance with the building adequacy standards with respect to construction of new buildings and maintenance of existing buildings. The Board is also responsible for constructing new school facilities based on school enrollment projects and building needs.
HB 2552 requires that the SFB annually inspect school buildings to ensure that the building is being properly maintained (see Education Committee Amendment). If the SFB determines the building is not being properly maintained, the SFB is authorized to withhold an appropriate amount of building renewal monies from the school district (see Education Committee Amendment). In addition, HB 2552 provides that the SFB may lease facilities rather than construct facilities if the board determines that based on enrollment projections it would be appropriate to lease than construct.
· Requires the SFB to annually inspect school facilities that qualify for building renewal monies. In any year that the SFB determines that a school district has not properly maintained it facilities, the SFB may withhold an appropriate amount of building renewal monies from the school district. The SFB shall adopt the rules setting forth the standards the SFB will use to determine if a facility is being adequately maintained and to determine the amount of monies to withhold. (see Education Committee amendment)
· Allows the SFB to distribute monies from the new construction fund to a school district to lease facilities if the SFB determines that based upon the school district’s enrollment projections it would be more appropriate to lease facilities than to construct facilities. The SFB may waive one or more of the building adequacy standards for leased facilities.
The Education
Committee adopted the following amendment:
· Requires the SFB to inspect school buildings every two years.
· Deletes the requirement for the SFB to withhold building renewal monies if the SFB determines that a school district is not properly maintaining their buildings.
· Establishes a school maintenance program administered by the SFB. The SFB shall develop and distribute standards for routine and preventative building maintenance and guidelines for determining the appropriate amount of maintenance and operation monies that should be budgeted for preventative maintenance. If the SFB after inspecting a building the SFB determines that a building has received inadequate maintenance, the school has six months to rectify the problem. If on re-inspection, the school continues to be improperly maintained, the SFB shall notify the school district of the amount of monies that the school district must budget for maintenance until the facility is adequate.
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45th Legislature
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First Regular Session 2 March
8, 2001
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