Administrative Rule Review Report  #AR09-009

Legislative Service Office

30-Jan-09

AGENCY: School Facilities Commission.

DATE SUBMITTED: January 28, 2009.

SUBJECT: Chapters 1 through 10, School Facilities Commission.

NATURE OF RULES:                       Legislative, procedural

STATUTORY AUTHORITY:           W.S. 21-15-114(a)(xv)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:

These rules will replace, and are identical to, the emergency rules currently in effect for the School Facilities Commission.  The emergency rule review report for the emergency rules was distributed October 27, 2008 (ER08-33).

These rules provide for a substantial revision of the rules of the School Facilities Commission as they existed prior to the adoption of the emergency rules.

Chapter 1 of the adopted rules provides general rules for meetings of the Commission, public records, signing contracts, and rules of construction.  Chapter 2 establishes the procedure for contested cases held before the Commission.  Chapter 3 establishes uniform statewide standards for school facilities including provisions on statewide adequacy standards and local enhancements and includes "Appendix A" which provides for the amount of square footage by grade level.

Chapter 4 provides for the development of long range building and facility plans for each school district and specifies the requirements of the facility plans and provides for the use of those plans.  Chapter 5 establishes a procedure to determine when an emergency exists for school buildings and facilities and provides for the application for and disbursement of emergency funds.  Chapter 6 provides a guideline for how to determine square footage for calculating major maintenance payments.

Chapter 7 requires districts to submit reports on new construction and major maintenance to the Commission and requires major maintenance funded be held in a separate account.  Chapter 8 provides for the establishment of a prioritization schedule for building and facility remediation.  Chapter 9 relates to criteria for contracts entered into between the Commission and the districts or third parties.  Chapter 10 provides a process for capital construction remedies to use in order to obtain funding by the Commission.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Joshua Anderson

Staff Attorney

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Dan J. Pauli

Director

JDA/