GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	2 

SENATE BILL 1134*
Education/Higher Education Committee Substitute Adopted 5/30/96

Short Title:  School Facilities Guidelines.	(Public)

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Sponsors:

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Referred to:  Appropriations.

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May 14, 1996

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT THE RECOMMENDATION OF THE SCHOOL CAPITAL CONSTRUCTION STUDY COMMISSION TO CLARIFY THAT THE STATE BOARD OF EDUCATION IS TO ESTABLISH SCHOOL FACILITIES GUIDELINES, TO DIRECT THE STATE BOARD OF EDUCATION TO ESTABLISH A CENTRAL CLEARINGHOUSE FOR PROTOTYPE DESIGNS OF SCHOOL FACILITIES, TO DIRECT THE STATE BOARD OF EDUCATION TO ESTABLISH THE SCHOOL FACILITIES TASK FORCE, AND TO MAKE AN APPROPRIATION TO IMPLEMENT THIS ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-81(b) reads as rewritten:
"(b)	The Basic Education Program shall include course requirements and descriptions similar in format to materials previously contained in the standard course of study and it shall provide:
(1)	A core curriculum for all students that takes into account the special needs of children and includes appropriate modifications for the learning disabled, the academically gifted, and the students with discipline and emotional problems;
(2)	A set of competencies, by grade level, for each curriculum area;
(3)	A list of textbooks for use in providing the curriculum;
(4)	Standards for student performance and promotion based on the mastery of competencies, including standards for graduation, that take into account children with special needs and, in particular, include appropriate modifications;
(5)	A program of remedial education;
(6)	Required support programs;
(7)	A definition of the instructional day;
(8)	Class size recommendations and requirements;
(9)	Prescribed staffing allotment ratios;
(10)	Material and equipment allotment ratios;
(11)	Facilities guidelines that reflect educational program appropriateness, long-term cost efficiency, and safety considerations; and
(12)	Any other information the Board considers appropriate and necessary.
The State Board shall not adopt or enforce any rule that requires Algebra I as a graduation standard or as a requirement for a high school diploma for any student whose individualized education program (i)	identifies the student as learning disabled in the area of mathematics and (ii) states that this learning disability will prevent the student from mastering Algebra I."
Sec. 2.  G.S. 115C-489.3(c) is repealed.
Sec. 3.  G.S. 115C-521(c) reads as rewritten:
"(c)	The building of all new school buildings and the repairing of all old school buildings shall be under the control and direction of, and by contract with, the board of education for which the building and repairing is done. If a board of education is considering building a new school building to replace an existing school building, the board shall not invest any construction money in the new building unless it submits to the State Superintendent and the State Superintendent submits to the North Carolina Historical Commission an analysis that compares the costs and feasibility of building the new building and of renovating the existing building and that clearly indicates the desirability of building the new building.  No board of education shall invest any money in any new building until it has (i) developed plans based upon a consideration of the State Board's facilities guidelines, (ii) submitted these plans to the State Board for its review and comments, and (iii) reviewed the plans based upon a consideration of the comments it receives from the State Board.  No local board of education shall contract for more money than is made available for the erection of a new building. However, this subsection shall not be construed so as to prevent boards of education from investing any money in buildings that are being constructed pursuant to a continuing contract of construction as provided for in G.S. 115C-441(c1). All contracts for buildings shall be in writing and all buildings shall be inspected, received, and approved by the local superintendent and the architect before full payment is made therefor.  Nothing in this subsection shall prohibit boards of education from repairing and altering buildings with the help of janitors and other regular employees of the board.
In the design and construction of new school buildings and in the renovation of existing school buildings that are required to be designed by an architect or engineer under G.S. 133-1.1, the local board of education shall participate in the planning and review process of the Energy Guidelines for School Design and Construction that are developed and maintained by the Department of Public Instruction and shall adopt local energy-use goals for building design and operation that take into account local conditions in an effort to reduce the impact of operation costs on local and State budgets. In the design and construction of new school facilities and in the repair and renovation of existing school facilities, the local board of education shall consider the placement and design of windows to use the climate of North Carolina for both light and ventilation in case of power shortages. A local board shall also consider the installation of solar energy systems in the school facilities whenever practicable.
In the case of any school buildings erected, repaired, or equipped with any money loaned or granted by the State to any local school administrative unit, the State Board of Education, under any rules as it may deem advisable, may retain any amount not to exceed fifteen percent (15%) of the loan or grant, until the completed buildings, erected or repaired, in whole or in part, from the loan or grant funds, shall have been approved by a designated agent of the State Board of Education. Upon approval by the State Board of Education, the State Treasurer may pay the balance of the loan or grant to the treasurer of the local school administrative unit for which the loan or grant was made."
Sec. 4.  G.S. 115C-521 is amended by adding a new subsection to read:
"( e)	The State Board of Education shall establish within the Department of Public Instruction a central clearinghouse for access by local boards of education that may want to use a prototype design in the construction of school facilities.  The State Board shall compile necessary publications and a computer database to distribute information on prototype designs to local school administrative units.  All architects and engineers registered in North Carolina may submit plans for inclusion in the computer database and these plans may be accessed by any person.  The original architect of record or engineer of record shall retain ownership and liability for a prototype design.  The State Board may adopt rules it considers necessary to implement this subsection."
Sec. 5.  The School Facilities Task Force.
(a)	There is created the School Facilities Task Force under the State Board of Education.  The Task Force shall consist of the following members appointed by the State Board:
(1) 	One member of the State Board.
(2)	One architect.
(3)	One representative from a school of architecture within a constituent institution of The University of North Carolina.
(4)	Two local school administrative unit employees with expertise in school facilities.
(5)	One representative of the North Carolina Association of County Commissioners.
(6)	One representative of the North Carolina School Boards Association.
(7)	One engineer.
(8)	Any other members the State Board considers necessary.
All members shall be voting members. The Task Force shall select a member of the Task Force to serve as its chair.
Members of the Task Force shall receive travel and subsistence expenses in accordance with G.S. 138-5 and G.S. 138-6.
The Department of Public Instruction shall, with the approval of the State Board of Education, provide staff, office equipment, supplies, and meeting space to the Task Force.
(b)	The Task Force shall:
(1)	Review the State Board's facilities guidelines for the construction, acquisition, renovation, and replacement of facilities, furniture, equipment, apparatus, and spaces for public schools to ensure they reflect both educational program appropriateness and long-term cost-efficiency.
(2)	Make recommendations to the State Board as to (i) which guidelines should be maintained, revised, or eliminated, and (ii) any new guidelines that it considers appropriate.
(3)	Develop and recommend to the State Board a procedure for the Board to follow when facilities plans are submitted by local school administrative units for the Board's review and comments.
(4)	Develop and recommend to the State Board a proposal in accordance with G.S. 115C-521(e) for the establishment of a central clearinghouse for prototype designs.
(5)	Submit its recommendations under this subsection to the State Board no later than December 1, 1996. 
(c)	Based upon a consideration of the recommendations of the Task Force, the State Board shall adopt (i) revised facilities guidelines to assist local school administrative units in the construction, acquisition, renovation, and replacement of facilities, furniture, equipment, apparatus, and spaces for public schools, (ii) the procedure for local school administrative units to follow when they submit school facilities plans for the State Board's review and comments, and (iii) a plan to establish within the Department of Public Instruction a central clearinghouse for prototype designs.  The State Board shall submit a report by April 15, 1997, to the General Assembly that includes the revised facilities guidelines, the facilities review procedure, and the plan to establish a central clearinghouse for prototype designs.  Upon submission of this report to the General Assembly, the Task Force shall terminate.
Sec. 6.  School facilities guidelines and standards adopted by the State Board of Education before the effective date of this act shall remain in effect as guidelines only.
Sec. 7.  There is appropriated from the General Fund to the State Board of Education the sum of fifty thousand dollars ($50,000) in the 1996-97 fiscal year.  Of these funds, the State Board of Education may use up to twenty-five thousand dollars ($25,000) for the central clearinghouse created in Section 4 of this act and may use up to twenty-five thousand dollars ($25,000) for the School Facilities Task Force created in Section 5 of this act.
Sec. 8.  Section 7 of this act becomes effective July 1, 1996, and the remaining sections of this act are effective upon ratification.