Current through Supplement No. 394, October, 2024
The superintendent may approve new construction or remodeling
construction estimated to cost three hundred fifty thousand dollars or more, if
the district meets the following requirements:
1. The district must submit a completed
facility plan with the application for construction approval.
2. At the time of consultation with the
department, the district shall complete and review its facility plan with the
department. The district shall receive and consider technical assistance
provided by the department in completing and reviewing the district's facility
plan. If the district submitted an acceptable facility plan within the
preceding three years. The superintendent may require the district to update or
revise the plan.
3. The facility
plan must include:
a. A description and
preliminary diagrams of the proposed construction;
b. A description of programs to reduce energy
costs and waste disposal costs;
c.
Trend data on school or facility maintenance;
d. The estimated difference in operation
costs as a result of construction completion; and
e. Any other information deemed advisable by
the superintendent.
4.
The facility plan must address the following factors, which relate to the need
for the project, but may also relate to the other general requirements for
approval as indicated in section
67-09-01-02.1:
a. A description of district schools and
facilities;
b. Alternatives
considered by the district and reasons for rejecting alternatives;
c. Evidence that demonstrates that, despite
attempted cooperation or collaboration with area schools and other education
agencies and political subdivisions, no form of cooperation with another entity
will result in buildings or facilities that meet the needs of the
students;
d. The need for buildings
or facilities could not be met within the district or adjacent districts at a
comparable cost by leasing, repairing, remodeling, or sharing existing
buildings or facilities or by using temporary buildings or
facilities;
e. Description of
district programs and services and an assessment of improvements that will
occur as a result of construction completion;
f. Violations of fire, health, safety, and
any other required state or federal standards, which will be corrected by the
construction;
g. The new
construction or remodeling is required to address any of the following
criteria:
(1) Implementation of the life
safety code;
(2) Implementation of
the Americans with Disabilities Act of 1990 [
42 U.S.C.
12101, et seq.];
(3) Implementation of section 504 of the
Rehabilitation Act of 1973 [29 U.S.C. 794] ;
(4) Asbestos abatement or removal;
(5) The school:
(a) Demonstrates student population has been
stable or increased during the past five years and projects that student
population will be stable or will increase during the ensuing five years;
or
(b) Demonstrates by clear and
convincing evidence that despite declining enrollment, there are no feasible
alternatives to the proposed project.
(6) The building or facility, or part of the
building or facility, has exceeded its useful life; or
(7) The building or facility has been damaged
or destroyed as a result of fire, tornado, flood, or other act of God;
and
h. Any other
information deemed advisable by the superintendent.
5. The facility plan must address the
following factors, which relate to the educational utility of the project
construction, but may also relate to the other general requirements for
approval as indicated in section
67-09-01-02.1:
a. The building or facility will enhance or
facilitate delivery of educational services in the district;
b. The building or facility meets or exceeds
the size standards recommended by the department;
c. The proposed building or facility is
comparable in size, cost, and quality to buildings or facilities recently
constructed in other districts that have similar enrollment; and
d. Any other information deemed advisable by
the superintendent.
6.
The facility plan must address the following factors, which relate to the
general requirements for approval as indicated in section
67-09-01-02.1:
a. Past, present, and projected enrollment
data;
b. The economic and
population bases of the communities to be served are likely to grow or to
remain stable;
c. The building or
facility will be in use for the life of the building or facility; and
d. Any other information deemed advisable by
the superintendent.
7.
The facility plan must address the following factors, which relate to the
potential utilization of the project by a future reorganized school district,
but may also relate to the other general requirements for approval as indicated
in section
67-09-01-02.1:
a. The location of school sites in each
surrounding school district, including surrounding districts' attendance
numbers in elementary and high school, capacity of buildings, and distances
from the applicant's district;
b.
Geographic information regarding the area proposed to be served;
c. Appropriate efforts to determine how this
building or facility fits into the learning needs of the area have been
made;
d. Information regarding the
potential utilization of the project by a future reorganized school district;
and
e. Any other information deemed
advisable by the superintendent.
8. The facility plan must address the
following factors, which relate to the district's capacity to pay for the
project, but may also relate to the other general requirements for approval as
indicated in section
67-09-01-02.1:
a. The availability and manner of financing
the construction has been thoroughly evaluated;
b. Trend data on general fund revenues,
expenditures, and fund balances;
c.
Trend data on tax levies;
d. Trend
data on taxable valuation per student;
e. Current bonded indebtedness, debt
retirement schedules, and total capital expenditures of the district;
f. Current sources of district
revenue;
g. The operating budget of
the district can satisfactorily meet the projected operating cost of the
proposed building or facility; and
h. Any other information deemed advisable by
the superintendent.
General Authority: NDCC 15.1-36-01
Law Implemented: NDCC
15.1-36-01
