TITLE 19.EDUCATION

Subchapter CC. COMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES

The Texas Education Agency (TEA) adopts an amendment to §61.1033 and new §61.1036, concerning school facilities standards, with changes to the proposed text as published in the December 6, 2002, issue of the Texas Register (27 TexReg 11357). Section 61.1033 establishes standards for adequacy of Texas public school facilities. The adopted amendment to §61.1033 and new §61.1036 modify and clarify rule pertaining to new school construction. These rule actions phase out old construction standards and update them to reflect recent changes in model building codes, increase safety in newly constructed or substantially renovated science laboratories, close loopholes pertaining to construction issues, and provide direction to school districts and designers by clarifying ambiguous language that is currently open to interpretation.

The adopted amendment to 19 TAC §61.1033 consists of revising the title from "School Facilities Standards" to "School Facilities Standards for Construction before January 1, 2004." Language is also added to subsection (b) to clarify the applicability of this rule to projects approved by a school district board of trustees after September 1, 1998, and before January 1, 2004. In addition, language is added to subsection (d)(2)(B)(ii) relating to specialized classrooms to provide definition for a science lecture/lab.

The adopted new 19 TAC §61.1036 applies to projects for new construction or major space renovations for which the construction documents are approved by a school district board of trustees on or after January 1, 2004. The new rule establishes definitions and procedures; effective date; certification of design and construction; space, minimum square foot, and design requirements; educational adequacy; and construction quality.

The adopted amendment and new rule are adopted to be effective in the summer of 2003; however, as specified, the new provisions will apply to projects on or after January 1, 2004. The summer effective date allows districts to make plans in advance of the winter implementation date.

In response to public comments, the following changes were made to 19 TAC §61.1033 since published s proposed.

The title is revised to "School Facilities Standards for Construction before January 1, 2004."

Subsection (b) is revised to apply to projects before January 1, 2004, and a technical edit is made to reference this subsection as "implementation date" rather than "effective date."

In response to public comments, the following changes were made to 19 TAC §61.1036 since published as proposed.

The title is revised to "School Facilities Standards for Construction on or after January 1, 2004."

Subsection (a)(3)(B), middle school level definition, is revised to add a school facility that includes only Grade 6.

Subsection (a)(3)(C), high school level definition, is revised to add a school facility that includes only Grade 9.

Subsection (b) is revised to reflect January 1, 2004, in all references. In addition, a technical edit is made to reference this subsection as "implementation date" rather than "effective date." This subsection is also revised to add a provision that would allow school districts, for projects funded from bond elections passed prior to October 1, 2003, and for which a contract for construction has been awarded no later than December 31, 2005, to comply with the science lecture/lab standards specified in §61.1033(d)(2)(B)(ii) of this title in lieu of the standards specified in §61.1036(d)(5)(C)(iii), and with the library standards specified in §61.1033(d)(2)(C)(ii) of this title in lieu of the standards specified in §61.1036(d)(5)(D)(ii).

Subsection (d)(2) is revised to add a provision that would allow school districts to ask the State Funding Division of the Texas Education Agency to consider approval on a case-by-case basis for alternate classroom designs with square footage measurements less than those specified in the subsection.

Subsection (d)(5)(B)(ii), pertaining to elementary classrooms, is revised to clarify that the size requirement applies to Grades 2 and up.

Subsection (d)(5)(C)(iii) is revised to clarify that a clearly defined laboratory area and a clearly defined lecture area is typical for combination science laboratory/classrooms.

Subsection (d)(5)(C)(vi)(II) and (III) is revised to clarify that the tepid water required by ANSI Z358.1 for eye/face washes and safety showers is not required to come from a heated source, and to encourage, but not require, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season to consider a tepid water system with a heated source.

Subsection (d)(5)(C)(vi)(IV) is revised to require that ventilation systems serving science rooms be designed and constructed so that under normal operation the return air from the science rooms is not recirculated into non-science areas.

Subsection (d)(5)(C)(vi)(V) is revised to clarify that exhaust fans are to be provided in all rooms using or storing hazardous or vaporous chemicals.

Subsection (d)(5)(D)(ii), pertaining to library size, is revised to reduce the additional space requirement from 35 to 25 square feet for housing each additional student computer above 12 and to clarify that windows shall be placed so that adequate wall and floor space remains to accommodate the necessary shelving.

Subsection (e) is revised to include educational specifications as part of the criteria for educational adequacy.

Subsection (f)(3)(B), pertaining to indoor air quality, is revised to add a reference to the U. S. Environmental Protection Agency's "Indoor Air Quality Tools for Schools" program.

The following comments were received regarding adoption of the amendment and new section.

Comment. A school librarian commented that the definition of "library" in §61.1033(a)(4) is too vague. This librarian also suggested that library size should be based on the population in the library and the activities that occur within it.

Agency Response. The agency disagrees with these comments. The provisions found in §61.1033 reflect standards in effect from September 1, 1998, through December 31, 2003. The new definition of "library" has been expanded in the provisions found in §61.1036 for construction on or after January 1, 2004. Under the provisions found in §61.1036(d)(5)(D)(ii), library design is required to be based on the population of the campus served by the library.

Comment. A school librarian recommended using the term reading "area" rather than reading "room" in §61.1033(a)(4)(A).

Agency Response. The agency disagrees with the recommendation. The provisions found in §61.1033 reflect standards in effect from September 1, 1998, through December 31, 2003. The term reading "area" is used in the provisions found in §61.1036 for construction on or after January 1, 2004.

Comment. A regional building code director and an architect each recommended that §61.1033(f)(2) be modified to include a reference to the International Building Code. The regional building code director also commended the agency for including the code provisions contained in §61.1036.

Agency Response. The agency disagrees with the recommendation. The provisions found in §61.1033 reflect standards in effect from September 1, 1998 through December 31, 2003. To change building code requirements retroactively for projects that have already been completed or are under construction would place an unrealistic and potentially costly burden on affected school districts. The provisions found in §61.1036 for construction on or after January 1, 2004, contain references to the International Building Code.

Comment. An architect recommended that the definition for "educational specifications" in §61.1036(a)(2) be renamed "educational program," and that the information given under the definition for "educational program" in §61.1036(a)(1) be covered in a separate section. The commenter also recommended that the information in the educational program be provided to the architect during the programming process.

Agency Response. The agency disagrees with the recommendations. Section 61.1036(c)(3)(A) requires the school district to provide the architect or engineer with the district's educational program and educational specifications. The definitions in §61.1036(a)(1) and (2) primarily provide direction to the school district as to what information should be included in the educational program and educational specifications. The standards do not specifically require the school district to provide this information in its entirety to the architect or engineer prior to design, and thus a district is already free to provide this information to the architect or engineer during the programming/design process.

Comment. An architect recommended deleting or making more clear the language found in §61.1036(a)(2)(J) and (K), which suggest addressing safety and security in developing educational specifications. The commenter believed the wording to be too broad and unclear.

Agency Response. The agency disagrees with the recommendation. The information provided in §61.1036(a)(2)(A)-(K) are suggestions, rather than requirements, as to what a district should consider including in the educational specifications. Phrasing these suggestions in broad terms allows more flexibility at the local level for a district in developing the educational specifications.

Comment. An architect recommended adding a definition for "Intermediate Schools-typically 3-5 or 4-5" to §61.1036(a)(3).

Agency Response. The agency disagrees with this comment. The term "intermediate school" is not used anywhere within these standards so a definition of the term is not needed.

Comment. Several architects and school district officials inquired about where 6th grade and 9th grade campuses would fall under the definitions found in §61.1036(a)(3).

Agency Response. The agency agrees that the definition needs additional clarification. The rule has been modified to include a 6th grade campus as a middle school in §61.1036(a)(3)(B) and a 9th grade campus as a high school in §61.1036(a)(3)(C).

Comment. A school librarian does not understand the term "head-end" room found in §61.1036(a)(6)(F).

Agency Response. The term "head-end" is a generic term used by architects/engineers and technology personnel to describe the room that houses the "main distribution frame" of a technology network. No modification of the rule is necessary.

Comment. An architect recommended changing the language in the definition of "major space renovations" in §61.1036(a)(8) by removing the reference to "most existing interior walls. . ." and replacing it with language that sets 50% or more of demolition as the level at which compliance with the standards is required. The architect is concerned there will be argument and disagreement over the term "most."

Agency Response. The agency disagrees with this comment. Renovations projects are not as predictable or definable as projects involving new construction or additions. As such, any terminology used in this definition will be subject to interpretation and disagreement. The agency believes the term "most" will suffice when interpreting this definition.

Comment. An architect raised a concern that the minimum room size requirements could limit innovative space-saving designs, and suggested some language be added to allow flexibility for designers and districts in this area.

Agency Response. The agency agrees with this comment. The rule has been modified by adding language in §61.1036(d)(2) to allow the State Funding Division of TEA to consider on a case-by-case basis alternate classroom designs that have square feet per room measurements less than those specified in §61.1036(d).

Comment. An architect asked whether §61.1036(d)(3) was a requirement or recommendation, and noted that the wording could be interpreted either way and that it needed clarification.

Agency Response. The agency disagrees with this comment. The word "should" is used to identify the contents of §61.1036(d)(3), so the contents of §61.1036(d)(3) are considered to be recommendations. It is common in the state rulemaking process to use the word "shall" to identify requirements and "should" to identify recommendations. No modification of the rule is necessary.

Comment. An architect recommended changing the list of design criteria required to be provided by the school district in §61.1036(d)(5)(A). The commenter was also troubled by the list of chemicals, believing this to be outside the purview of an architect's expertise.

Agency Response. The agency disagrees with the recommendation. The design criteria required to be provided by the school district in §61.1036(d)(5)(A) is specific information needed by the architect or engineer to ensure a design that complies with the provisions found in §61.1036(d)(5)(B)-(D). The standards do not require the architect or engineer to be an expert on chemicals. The architect or engineer will need only to determine if any chemicals meet the definition of hazardous as defined by the Texas Department of Health (TDH), and then design according to these standards. The agency has found that determining and obtaining the list of chemicals considered hazardous by TDH definition is not a difficult endeavor.

Comment. An architect expressed confusion over the requirements for prekindergarten-Grade 1 classroom sizes and other elementary classroom sizes in §61.1036(d)(5)(B)(i) and (ii).

Agency Response. The agency agrees that these requirements are confusing. Clause (ii) pertaining to elementary classrooms in §61.1036(d)(5)(B) has been modified by adding language to specify that the requirement applies to classrooms for Grades 2 and up.

Comment. A school librarian suggested that the 25 square feet per computer station requirement in computer labs not used for regular instruction found in §61.1036(d)(5)(C)(ii) is excessive and that 20 square feet would be adequate.

Agency Response. The agency disagrees with the recommendation. The 25 square feet per computer station is used to determine the size of the room. Only some of the 25 square feet is dedicated to actual space taken up by the computer and a sitting user; the rest of the space is necessary for the room's circulation and accessibility. While reviewing this comment, the agency discovered that the requirement in §61.1036(d)(5)(D)(ii) to add 35 square feet to the library size for each computer over 12 in the library is not consistent with the requirement stated in §61.1036(d)(5)(C)(ii) for computer labs. Accordingly, §61.1036(d)(5)(D)(ii) has been modified so that the requirement is to add 25 square feet to the library size for each computer over 12 in the library.

Comment. Numerous architects and school district officials raised concerns about the increased costs to construction projects due to the increased size requirements for science rooms and libraries found in §61.1036(d)(5)(C)(iii) and §61.1036(d)(5)(D)(ii), especially for instances where a district had passed bond elections with predetermined construction costs that did not anticipate these changes.

Agency Response. The agency agrees that the proposed changes could have a detrimental cost impact on districts in this situation. To provide additional time for districts to accommodate the changes, the implementation date in §61.1036(b) has been changed to reference construction on or after January 1, 2004. A technical edit has also been made to reference this subsection as "implementation date" rather than "effective date." The implementation date in §61.1033(b) has been changed to reference new construction or major space renovations approved by a school district board of trustees after September 1, 1998, and before January 1, 2004. A technical edit has been made to this subsection also to clarify reference to implementation date rather than effective date. The titles of both §61.1033 and §61.1036 have been changed to reflect January 1, 2004, rather than August 1, 2003. The rule has also been modified by adding language in §61.1036(b) that would allow school districts, for projects funded from bond elections passed prior to October 1, 2003, and for which a construction contract has been awarded no later than December 31, 2005, to comply with the science lecture/lab standards specified in §61.1033(d)(2)(B)(ii) in lieu of the standards specified in §61.1036(d)(5)(C)(iii), and with the library standards specified in §61.1033(d)(2)(C)(ii) in lieu of the standards specified in §61.1036(d)(5)(D)(ii).

Comment. An architect asked if the language in §61.1036(d)(5)(C)(iii) meant that only in situations where there was a clearly defined laboratory area and a clearly defined lecture area were the provisions related to combination science laboratory/classrooms required to be followed.

Agency Response. The language pertaining to a clearly defined laboratory area and a clearly defined lecture area was meant to be descriptive and not limiting in nature. The rule has been modified to indicate that it is typical to have a clearly defined laboratory area and a clearly defined lecture area.

Comment. A school district official raised a concern about the increased room size requirements for combination science laboratory/classrooms found in §61.1036(d)(5)(C)(iii). The official felt that the current room sizes were sufficient and did not need to be increased.

Agency Response. The agency disagrees with this comment. The increased science room sizes are necessary to ensure an adequate and safe science learning environment.

Comment. An architect asked if a built-in fume hood is required only in chemistry and advanced placement chemistry labs under §61.1036(d)(5)(C)(vi)(I).

Agency Response. In §61.1036(d)(5)(C)(vi)(I), a built-in fume hood is required to be provided in each high school level chemistry or advanced placement chemistry laboratory or laboratory/classroom. A built-in fume hood is not required in any other laboratory or classroom. Section 61.1036(d)(5)(C)(vi)(I) also recommends, but does not require, that a built-in fume hood be provided in each high school level integrated physics and chemistry laboratory or laboratory/classroom. No modification of the rule is necessary.

Comment. An architect asked if a chemical storage room would require an eye/face wash under §61.1036(d)(5)(C)(vi)(II).

Agency Response. In §61.1036(d)(5)(C)(vi)(II), a built-in eye/face wash is required in certain rooms where hazardous chemicals are used by instructors and/or students. A room used exclusively for storing hazardous chemicals would not be required to have an eye/face wash under this section. Only rooms where hazardous chemicals are "used" are required to have a built-in eye/face wash. Examples of the "use" of hazardous chemicals could include, but are not limited to, opening a hazardous chemical container, pouring a hazardous chemical into a test tube or beaker, or mixing hazardous chemicals as part of a lab experiment. No modification of the rule is necessary.

Comment. An engineer recommended deleting the requirement for a heated source for the tepid water in the eye/face wash and safety shower provisions of §61.1036(d)(5)(C)(vi)(II) and (III). The engineer believes that the temperate Texas climate makes it unnecessary to heat the water since the unheated water taken directly from the water system or source should naturally fall in a tepid range. The engineer believes this would add unneeded expenses to the cost of a school.

Agency Response. The agency agrees with this comment. Additional research by the agency found that there is no established, widely accepted national definition for tepid water. The Occupational Safety and Health Administration (OSHA) recommends following ANSI Z358.1, but has not defined the term "tepid." OSHA has oversight in parts of the country with climates much more extreme than found in Texas. Section 61.1036(d)(5)(C)(vi)(II) and (III) has been modified to state that the tepid water required by ANSI Z358.1 is not required to come from a heated source, and language has been added to encourage, but not require, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season to consider a tepid water system with a heated source.

Comment. An architect commented that §61.1036(d)(5)(C)(vi) needed to be clarified so that fume hoods, eye/face washes, safety showers, ventilation system, exhaust fans, workspace, and shut-off controls would not be required in all the rooms and spaces listed. Another architect also commented that the exhaust fan requirement should be clarified as to what rooms actually require the fans.

Agency Response. The agency disagrees with the essence of the first recommendation and agrees with the second recommendation. The language found in the provisions in §61.1036(d)(5)(C)(vi)(I)-(VII) that follow the opening statement of §61.1036(d)(5)(C)(vi) clearly indicate in what rooms and spaces the fume hoods, eye/face washes, safety showers, ventilation system, workspace, and shut-off controls are required. These items in §61.1036(d)(5)(C)(vi)(I)-(VII) are not required in every room and space listed in the opening statement of §61.1036(d)(5)(C)(vi). However, §61.1036(d)(5)(C)(vi)(V), pertaining to exhaust fans, has been modified by adding language to specify that an exhaust fan shall be provided in all rooms where hazardous or vaporous chemicals are to be used or stored.

Comment. Several architects and school district officials raised concerns about the independent science ventilation requirement in §61.1036(d)(5)(C)(vi)(IV), especially for facilities where there are only a few science rooms. They believed it could be costly to separately zone small science areas.

Agency Response. The agency agrees with this comment. The initial intent of the requirement was to ensure that fumes from the science area were not recirculated into non-science areas. The rule has been modified to delete the requirement for an independent system and to require that the return air from the science rooms shall not be recirculated into non-science areas.

Comment. An individual raised a question about the need for emergency shut-off for water in §61.1036(d)(5)(C)(vi)(VII).

Agency Response. The agency disagrees with this comment. It is not difficult or costly to include a shut-off for this utility, and it could be helpful to quickly be able to shut-off water in case of an accident, a prank, vandalism, or some similar situation.

Comment. An architect raised a concern that the language found in the last sentence §61.1036(d)(5)(D)(ii) could be interpreted to mean that library shelving can only be placed along walls.

Agency Response. The agency agrees with this comment. The rule has been modified to state that adequate wall and floor space remains to accommodate the shelving.

Comment. A school librarian pointed out that the library sizing requirement in §61.1036(d)(5)(D)(ii) is not consistent with the high school library size minimum requirement of 2,800 square feet in §61.1033(d)(2)(C)(ii).

Agency Response. The agency disagrees with this comment. The provisions found in §61.1033 reflect standards in effect from September 1, 1998, through December 31, 2003. The provisions found in §61.1036 reflect standards in effect for construction on or after January 1, 2004. Many provisions in §61.1036 are different from those found in §61.1033.

Comment. An architect suggested that in §61.1036(d)(5)(D)(ii) the actual standards adopted for libraries be referenced as opposed to the statute.

Agency Response. The agency disagrees with the recommendation. To reference the actual library standards adopted under the statute would require a reference to rules adopted in the Texas Administrative Code. Since rules can be changed easier than statute, a reference to the statute is preferred because these school facility standards would not have to be modified every time the library standards (rules) are modified. The library standards are found in 13 TAC Chapter 4, School Library Programs, Subchapter A, Standards and Guidelines.

Comment. An architect suggested deleting the sentence in §61.1036(d)(6)(B) that requires a minimum of 150 square feet for each small group, conference, or office area or room for a school constructed under a nontraditional design model. The architect believes these spaces can work at less than 150 square feet.

Agency Response. The agency disagrees with the recommendation. While a room or space of less than 150 square feet might suffice for small group of two or three students per instructor, groups of five or six students per instructor would be cramped in the smaller space. Provisions for persons with disabilities would also be more difficult in a smaller space.

Comment. A school librarian expressed concern that §61.1036(d)(6)(D) would be used by districts to take space from the library and use it in other areas of the facility not conducive to reading or use of reference materials.

Agency Response. The agency disagrees with this comment. The provisions found in §61.1036(d)(6) can be used only in schools designed under nontraditional models. Schools built using traditional design models will not be allowed to use the provisions found in §61.1036(d)(6) to try to circumvent provisions found elsewhere in the standards. The agency believes that most school districts will continue to choose to design schools using traditional models and would not be eligible to disperse reading spaces and reference materials outside of the defined library space.

Comment. An architect commented that §61.1036(e) should include a reference to educational specifications.

Agency Response. The agency agrees with this comment. The rule has been modified to include a reference to educational specifications.

Comment. An architect stated that §61.1036(f)(3)(A), which requires an adequate technology, electrical, and communications infrastructure, is not helpful as written and should be strengthened, revised, or deleted. Another architect recommended that this section include cabling standards.

Agency Response. The agency disagrees with these recommendations. The agency believes it is important that the users of the facility be given input in the design of the technology, electrical, and communications infrastructure, so that the infrastructure is usable (adequate) for the users. Because technology changes so quickly, and because the agency has other divisions that address technology issues in schools, developing a high level of detail in these standards for the technology, electrical, and communications infrastructure could limit the ability of the school districts to consider multiple options during the local decision-making process, and would not be consistent with the approach taken in other parts of the standards.

Comment. A regional education service center facility consultant recommended including a reference to the U. S. Environmental Protection Agency's "Indoor Air Quality Tools for Schools" program in §61.1036(f)(3)(B).

Agency Response. The agency agrees with the recommendation. Section 61.1036(f)(3)(B) has been modified to include a reference to this program.

Comment. A school librarian expressed dismay with the current condition of the librarian's existing library. The librarian supported the standards so that there would be some legal recourse to address the existing library conditions.

Agency Response. The agency disagrees with this comment. Existing facilities would be "grandfathered" under the provisions found in §61.1036 until such time as major renovations occur.

Comment. A school librarian raised questions about the need to convince people that these changes to the standards are necessary, and the need to convince administrators about updating old libraries to more closely meet the requirements for new libraries.

Agency Response. The agency disagrees with this comment. The issues and questions raised by this commenter are concerns that are more properly addressed at the local district level and should not be addressed by these standards.

Comment. Comments were received from two school librarians and a senior manager with a building code organization in support of the proposed rules.

Agency Response. No response necessary.

Comment. Numerous architects, engineers, school district officials, and other individuals expressed general support for the direction being taken with the proposed rules in §61.1036.

Agency Response. No response needed.

The amendment and new section are adopted under Texas Education Code, §46.008, which authorizes the commissioner to establish standards for adequacy of school facilities.

§61.1033.School Facilities Standards for Construction before January 1, 2004.

(a) Definitions and procedures. The following words, terms, and procedures, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Educational program--A written document that includes the following information:

(A) a summary of the school district's educational philosophy, mission, and goals; and

(B) a description of the general nature of the district's instructional program in accordance with §74.1 of this title (relating to Essential and Knowledge and Skills).

(2) Educational specifications--Educational specifications for a proposed new school facility or major space renovation include a description of the proposed project, expressing the range of issues and alternatives. The following information should be included in the educational specifications:

(A) the instructional programs, grade configuration, and type of facility;

(B) number of students;

(C) a list of any specialized classrooms or major support areas, noninstructional support areas, or external activity spaces;

(D) estimated size of facility;

(E) estimated budget for the facility project;

(F) school administrative organization; and

(G) hours of operation that include the instructional day, extracurricular activities, and any public access or use.

(3) Instructional space--General classrooms, specialized classrooms, and major support areas.

(4) Library--Library will include the following minimum requirements:

(A) reading room;

(B) stack area; and

(5) Major space renovations--At least 50% of the gross area of the facility's instructional space is within the limits of the work. Other renovations associated with repair or replacement of architectural interior or exterior finishes; fixtures; equipment; and electrical, plumbing, and mechanical systems are not subject to the requirements of subsections (d) and (e) of this section, but shall comply with applicable building codes as required by subsection (f) of this section.

(6) Square feet per pupil--The net interior space of a room divided by the maximum number of pupils to be housed in that room during a single class period.

(7) Square feet per room measurements--The net square footage of a room that will house 22 students at the elementary level and 25 students at the middle or high school level. The net square footage of a room includes exposed storage space, such as cabinets or shelving, but does not include hallway space or storage space, such as closets or preparation offices.

(b) Implementation date. The requirements for school facility standards shall apply to projects for new construction or major space renovations approved by a school district board of trustees after September 1, 1998, and before January 1, 2004.

(1) In this section, the word "certify" indicates that the architect or engineer has reviewed the standards contained in this chapter and used the best professional judgment and reasonable care consistent with the practice of architecture or engineering in the State of Texas in executing the construction documents. The architect or engineer also certifies that these documents conform to the provisions of this section, except as indicated on the certification.

(2) The school district shall notify and obligate the architect or engineer to provide the required certification. The architect's or engineer's signature and seal on the construction documents shall certify compliance.

(3) To ensure that facilities have been designed and constructed according to the provisions of this section, each of the involved parties shall execute responsibilities as follows.

(A) The school district shall provide the architect or engineer the long-range school facility plan and/or educational specifications approved by the board of trustees as required by this subchapter, and building code specifications for the facility.

(B) The architect or engineer shall perform a building code search under applicable regulations that may influence the project, and shall certify that the design has been researched before it is final.

(C) The architect or engineer shall also certify that the facility has been designed according to the provisions of this section, based on the long-range school facility plan and/or educational specifications, building code specifications, and all documented changes to the construction documents provided by the district.

(E) When construction is completed, the school district shall certify that the facility conforms to the design requirements specified in subparagraph (A) of this paragraph.

(d) Space, minimum square foot requirements.

(1) A school district shall provide instructional space if required by the district educational specifications described in subsection (e) of this section.

(2) For each type of instructional space, a district may satisfy the requirements of this section by using, as appropriate, either the standard for the minimum square feet per pupil or for square feet per room specified in paragraphs (1)-(3) of this subsection. Room size requirements are based on rooms that will house 22 students at the elementary level and 25 students at the middle or high school level.

(A) General classrooms.

(i) Classrooms for prekindergarten-Grade 1 shall have a minimum of 36 square feet per pupil or 800 square feet per room.

(ii) Classrooms at the elementary school level shall have a minimum of 30 square feet per pupil or 700 square feet per room.

(iii) Classrooms at the secondary school level shall have a minimum of 28 square feet per pupil or 700 square feet per room.

(B) Specialized classrooms.

(i) Computer laboratories shall have a minimum of 41 square feet per pupil or 900 square feet per room at the elementary school level; and 36 square feet per pupil or 900 square feet per room at the secondary school level.

(ii) Science lecture/lab shall have a minimum of 41 square feet per pupil or 900 square feet per room at the elementary school level; 50 square feet per pupil or 1,000 square feet per room at the middle school level; and 50 square feet per pupil or 1,200 square feet per room at the high school level. A science lecture/lab is a classroom where both lecture and lab work occur in the same room and during the same class period.

(i) Primary gymnasiums or physical education space, if required by the district's educational program, shall have a minimum of 3,000 square feet at the elementary school level; 4,800 square feet at the middle school level; and 7,500 square feet at the high school level.

(ii) Libraries shall have a minimum of 3.0 square feet times the planned student capacity of the school. The minimum size of any elementary school library shall be 1,400 square feet. The minimum size of any middle school library shall be 2,100 square feet. The minimum size of any high school library shall be 2,800 square feet.

(3) Other space requirements should be developed from school district design criteria as required to meet educational program needs.

(e) Educational adequacy. A proposed new school facility or major space renovation of an existing school facility meets the conditions of educational adequacy if the design of the proposed project is based on the requirements of the school district's educational program and the student population that it serves.

(f) Construction quality.

(1) Districts with existing building codes. A school district located in an area that has adopted local building codes shall comply with those codes (including fire and mechanical, electrical, and plumbing codes). The school district is not required to seek additional plan review of school facilities projects other than what is required by the local building authority.

(2) Districts without existing building codes. A school district located in an area that has not adopted local building codes shall adopt and use the latest edition of either the Uniform Building Code or Standard (Southern) Building Code (and related fire, mechanical, and plumbing codes); and the National Electric Code. A qualified, independent third party, not employed by the design architect or engineer, shall review the plans and specifications for compliance with the requirements of the adopted building code. The plan review shall examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, and mechanical and electrical design. The review shall be conducted before bidding and must be conducted by a certified building code consultant. Associated fees shall be the responsibility of the school district. The reviewer shall prepare a summary list of any conditions not in conformance with the provisions of the adopted building code and is required to send a copy to the school district, design architect, or engineer. The design architect or engineer shall revise the plans and specifications as necessary and certify code compliance to the district. Any disputes shall be a matter for contract resolution.

(3) Other provisions. School districts shall comply with the provisions of the Americans with Disabilities Act of 1990 (Title I and Title II) and other local, state, and federal requirements as applicable.

§61.1036.School Facilities Standards for Construction on or after January 1, 2004.

(a) Definitions and procedures. The following words, terms, and procedures, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Educational program--A written document, developed and provided by the district, that includes the following information:

(A) a summary of the school district's educational philosophy, mission, and goals; and

(B) a description of the general nature of the district's instructional program in accordance with §74.1 of this title (relating to Essential Knowledge and Skills). The written educational program should describe:

(i) the learning activities to be housed, by instructional space;

(ii) how the subject matter will be taught (methods of instructional delivery);

(iii) the materials and equipment to be used and stored;

(iv) utilities and infrastructure needs; and

(v) the characteristics of furniture needed to support instruction.

(2) Educational specifications--A written document for a proposed new school facility or major space renovation that includes a description of the proposed project, expressing the range of issues and alternatives. School districts that do not have personnel on staff with experience in developing educational specifications shall utilize the services of a design professional or consultant experienced in school planning and design to assist in the development of the educational specifications. The school district shall allow for input from teachers, other school campus staff, and district program staff in developing the educational specifications. The following information should be included in the educational specifications:

(A) the instructional programs, grade configuration, and type of facility;

(B) the spatial relationships--the desired relationships for the functions housed at the facility:

(i) should be developed by the school district to support the district's instructional program;

(ii) should identify functions that should be:

(I) adjacent to, immediately accessible;

(II) nearby, easily accessible; and

(III) removed from or away from; and

(iii) should relate to classroom/instructional functions, instructional support functions, building circulation, site activities/functions, and site circulation.

(D) a list of any specialized classrooms or major support areas, noninstructional support areas, outdoor learning areas, outdoor science discovery centers, living science centers, or external activity spaces;

(E) a schedule of the estimated number and approximate size of all instructional and instructional support spaces included in the facility;

(F) estimated budget for the facility project;

(G) school administrative organization;

(H) provisions for outdoor instruction;

(I) hours of operation that include the instructional day, extracurricular activities, and any public access or use;

(J) the safety of students and staff in instructional programs, such as science and vocational instruction; and

(K) the overall security of the facility.

(3) Grade levels:

(A) elementary school level--a school facility that includes some or all grades from prekindergarten through Grade 5 or Grade 6;

(B) middle school level--a school facility that includes some or all grades from Grade 6 through Grade 8 or Grade 9, or a school facility that includes only Grade 6;

(C) high school level--a school facility that includes some or all grades from Grade 9 or Grade 10 through Grade 12, or a school facility that includes only Grade 9; and

(D) secondary school level--a school facility that includes some or all grades from Grade 6 through Grade 12.

(4) Hazardous chemical--As defined by the Texas Health and Safety Code, Chapter 502, Hazard Communication Act.

(5) Instructional space--General classrooms, specialized classrooms, outdoor learning areas, and major support areas.

(6) Library--Library will include the following minimum requirements:

(A) reading/instructional area;

(B) reference/independent study area;

(D) circulation desk/area;

(E) computer/on-line reference areas; and

(F) necessary ancillary areas, such as offices, workrooms, head-end room, and storage rooms.

(7) Long-range school facility plan--School districts are encouraged to formulate a long- range facilities plan prior to making major capital investments. When formulating a plan, a school district's process should allow for input from teachers, students, parents, taxpayers, and other interested parties that reside within the school district. Major considerations should include:

(A) a description of the current and future instructional program and instructional delivery issues;

(B) the age, condition, and educational appropriateness of all buildings on the campus (in district), considering condition of all components and systems as well as design flexibility, including an estimate of cost to replace or refurbish and appropriate recommendations;

(C) verification of the suitability of school site(s) for the intended use, considering size, shape, useable land, suitability for the planned improvements, and adequate vehicular and pedestrian access, queuing, parking, playgrounds and fields, etc.; and

(D) a time-line and a series of recommendations to modify or supplement existing facilities to support the district's instructional program.

(8) Major space renovations--Renovations to all or part of the facility's instructional space where the scope of the work in the affected part of the facility involves substantial renovations to the extent that most existing interior walls and fixtures are demolished and then subsequently rebuilt in a different configuration and/or function. Other renovations associated with repair or replacement of architectural interior or exterior finishes; fixtures; equipment; and electrical, plumbing, and mechanical systems are not subject to the requirements of subsections (d) and (e) of this section, but shall comply with applicable building codes as required by subsection (f) of this section.

(9) Square feet per student--The net square footage of a room divided by the maximum number of students to be housed in that room during any single class period.

(10) Square feet per room measurements--The net square footage of a room includes exposed storage space, such as cabinets or shelving, but does not include hallway space, classroom door alcoves, or storage space, such as closets or preparation offices. The net square footage of a room shall be measured from the inside surfaces of the room's walls.

(11) Abbreviations:

(A) ANSI--American National Standards Institute;

(B) ICC--International Code Council; and

(b) Implementation date. The requirements for school facility standards shall apply to projects for new construction or major space renovations for which the construction documents have been approved by a school district board of trustees, or a board's authorized representative, on or after January 1, 2004. For projects for which a school district approved the construction documents prior to January 1, 2004, if a school district makes changes or revisions to the design of the projects on or after January 1, 2004, and before the end of construction, the changes or revisions are subject to the standards specified in §61.1033 of this title (relating to School Facilities Standards for Construction before January 1, 2004). For projects funded from bond elections passed prior to October 1, 2003, and for which a contract for construction has been awarded no later than December 31, 2005, a school district may comply with the standards specified in §61.1033(d)(2)(B)(ii) of this title in lieu of the standards specified in subsection (d)(5)(C)(iii) of this section, and with the standards specified in §61.1033(d)(2)(C)(ii) of this title in lieu of the standards specified in subsection (d)(5)(D)(ii) of this section.

(3) To ensure that facilities have been designed and constructed according to the provisions of this section, each of the involved parties shall execute responsibilities as follows.

(A) The school district shall provide the architect or engineer the educational program and educational specifications approved by the board of trustees as required by this subchapter, and building code specifications for the facility. If a school district has a long-range school facility plan, it shall also be provided to the architect or engineer.

(C) The architect or engineer shall also certify that the facility has been designed according to the provisions of this section, based on the educational program, educational specifications, long-range school facility plan, building code specifications, and all documented changes to the construction documents provided by the district.

(D) The building contractor or construction manager shall certify that the facility has been constructed in general accordance with the construction documents specified in subparagraph (C) of this paragraph. If the school district acts as general contractor, it shall make the certification required by this paragraph.

(E) When construction is completed, the school district shall certify that the facility conforms to the design requirements specified in subparagraph (A) of this paragraph.

(F) The certifications specified in subparagraphs (A)-(E) of this paragraph shall be gathered on the "Certification of Project Compliance" form developed by the Texas Education Agency (TEA). The school district will retain this form in their files indefinitely until review and/or submittal is required by representatives of the TEA.

(d) Space, minimum square foot, and design requirements.

(1) A school district shall provide instructional space if required by the district educational specifications described in subsection (e) of this section.

(2) For each type of instructional space, a district shall satisfy the requirements of this section by using the standard for square feet per room specified in paragraph (5)(B)-(D) of this subsection. For school districts with facilities that have one or more classrooms with maximum class sizes that are normally less than 22 students at the elementary level and less than 25 students at the middle or high school level, the school districts may satisfy the requirements of this section for those classrooms by using the standard for the minimum square feet per student specified in paragraph (5)(B)-(D) of this subsection. These classrooms shall be designed on the basis of expected maximum class size, and not expected average class size. Upon submission by a district, alternate classroom designs with square feet per room measurements less than those specified in this subsection may be considered for approval by the TEA division responsible for state funding on a case- by-case basis.

(3) School districts should consider providing extra square footage in classrooms where the use on a regular basis of multiple computers, large furniture, televisions, mobile laptop carts, mobile video conferencing carts, monitors on carts, or the like is anticipated. To improve circulation and usability of classroom space, school districts with class sizes that are normally larger than 25 students for Grades 5-12 should also consider increasing the minimum classroom size by adding the appropriate minimum square feet per student specified in paragraph (5)(B)-(D) of this subsection for each student in excess of 25.

(4) Compliance with the standards specified in paragraph (5)(B)-(D) of this subsection will be evaluated based on the school district's intended full-time and/or part-time use of the areas, and not the name of the areas as identified in the construction documents.

(5) Instructional area size and design requirements.

(A) Design criteria. The school district shall provide the architect or engineer with all expected class sizes for the facilities, with the list of chemicals to be used in the science laboratories or science laboratory/classrooms, and with the number of computers anticipated in the library, so that the architect or engineer can adequately design the facilities to meet the criteria specified in subparagraphs (B)-(D) of this paragraph.

(B) General classrooms.

(i) Classrooms for prekindergarten-Grade 1 shall have a minimum of 800 square feet per room. School districts with small class sizes may have classrooms that provide a minimum of 36 square feet per student.

(ii) Classrooms at the elementary school level for Grades 2 and up shall have a minimum of 700 square feet per room. School districts with small class sizes may have classrooms that provide a minimum of 32 square feet per student.

(iii) Classrooms at the secondary school level shall have a minimum of 700 square feet per room. School districts with small class sizes may have classrooms that provide a minimum of 28 square feet per student.

(i) A computer classroom used for the teaching of computer skills shall have a minimum of 900 square feet per room. The minimum room size is ideal for 25 students; 36 square feet per student should be added to the minimum square footage for each student in excess of 25. School districts with small class sizes may have computer classrooms that provide a minimum of 36 square feet per student. School districts should consider the heat output of computers when designing the ventilation system that serves a computer classroom.

(ii) Computer laboratories that are not used regularly for scheduled instruction but that are intended to support other instructional areas shall have a minimum of 25 square feet per computer station. For computer laboratories where the use of portable computers, such as laptop computers, is anticipated, the size may be reduced to 20 square feet per computer station.

(iii) The following provisions shall apply to combination science laboratory/classrooms, where each student has a lab station and where typically there is a clearly defined laboratory area and a clearly defined lecture area.

(I) Combination science laboratory/classrooms shall have a minimum of 900 square feet per room at the elementary school level. The minimum room size is adequate for 22 students; 41 square feet per student shall be added to the minimum square footage for each student in excess of 22.

(II) Combination science laboratory/classrooms shall have a minimum of 1,200 square feet per room at the middle school level. The minimum room size is adequate for 24 students; 50 square feet per student shall be added to the minimum square footage for each student in excess of 24.

(III) Combination science laboratory/classrooms shall have a minimum of 1,400 square feet per room at the high school level. The minimum room size is adequate for 24 students; 58 square feet per student shall be added to the minimum square footage for each student in excess of 24.

(IV) School districts with small class sizes may have combination science laboratory/classrooms that provide a minimum of 41 square feet per student but not less than 700 square feet total at the elementary school level, a minimum of 50 square feet per student but not less than 950 square feet total at the middle school level, and a minimum of 58 square feet per student but not less than 1,100 square feet total at the high school level.

(iv) For districts that choose to use separate science classrooms and science laboratories, the following provisions shall apply.

(I) A science classroom shall be a minimum of 700 square feet regardless of grade level served.

(II) A science laboratory shall have a minimum of 800 square feet at the elementary school level. The minimum laboratory size is adequate for 22 students; 36 square feet per student shall be added to the minimum square footage for each student in excess of 22.

(III) A science laboratory shall have a minimum of 900 square feet at the middle school level. The minimum laboratory size is adequate for 24 students; 38 square feet per student shall be added to the minimum square footage for each student in excess of 24.

(IV) A science laboratory shall have a minimum of 1,000 square feet at the high school level. The minimum laboratory size is adequate for 24 students; 42 square feet per student shall be added to the minimum square footage for each student in excess of 24.

(V) Science classrooms shall be provided at a ratio not to exceed 2:1 of science classrooms to science laboratories at the middle school and high school levels. The science laboratories shall be located convenient to the science classrooms they serve.

(VI) School districts with small class sizes may have science classrooms that provide a minimum of 32 square feet per student, and they may have science laboratories that provide a minimum of 36 square feet per student but not less than 600 square feet total at the elementary school level, a minimum of 38 square feet per student but not less than 700 square feet total at the middle school level, and a minimum of 42 square feet per student but not less than 800 square feet total at the high school level.

(v) If hazardous or vaporous chemicals are to be used in the science laboratories or science laboratory/classrooms, a separate chemical storage room shall be provided. The chemical storage room shall be separate from, and shall not be combined as part of, a preparation room or an equipment storage room; however, the chemical storage room may be located so that access is through a preparation room or equipment storage room. The chemical storage room shall be secure to prevent access to chemicals by students. One chemical storage room may be shared among multiple laboratories or laboratory/classrooms.

(vi) Each school science laboratory, science classroom, science laboratory/classroom, science preparatory room, and chemical storage room shall include the following provisions.

(I) A built-in fume hood shall be provided in each high school level chemistry or advanced placement chemistry laboratory or laboratory/classroom. A built-in fume hood should also be provided in each high school level integrated physics and chemistry laboratory or laboratory/classroom. The exhaust shall be vented to the outside above the roof and away from air vents.

(II) A built-in eye/face wash that can wash both eyes simultaneously shall be provided in each room where hazardous chemicals are used by instructors and/or students. The eye/face wash shall comply with the ANSI Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season should consider a tepid water system with a heated source.

(III) A built-in safety shower shall be provided in each high school level chemistry or advanced placement chemistry laboratory or laboratory/classroom. A built-in safety shower should also be provided in each high school level integrated physics and chemistry laboratory or laboratory/classroom. The safety shower shall comply with the ANSI Standards for Shower and Eyewash Equipment (Z358.1). The tepid water required by ANSI Z358.1 is not required to come from a heated source; however, school districts that commonly experience lengthy periods of extremely cold temperatures during the winter season should consider a tepid water system with a heated source.

(IV) Ventilation systems serving science rooms shall be designed and constructed so that under normal operation the return air from the science rooms is not recirculated into non-science areas. In the chemical storage rooms, a ventilation system shall exhaust the air to the outside, and shall not be recirculated back into the space.

(V) An exhaust fan that is controlled by the instructor shall be provided in all rooms where hazardous or vaporous chemicals are to be used or stored. The exhaust fan shall be of sufficient size to exhaust the total volume of air in the room within 15 minutes. The exhaust shall be vented to the outside above the roof and away from air vents.

(VI) A minimum of 6 linear feet of total horizontal workspace, such as lab stations, lab tables, countertops, desktops, or some combination of these, shall be provided for each student in each middle school and high school science laboratory and science laboratory/classroom.

(VII) If electricity, gas, and/or water are provided in student areas, emergency shut-off controls shall be provided for each in a location accessible to the instructor but not easily accessible to students.

(vii) Special education classrooms shall have a minimum of 400 square feet per room. School districts with small class sizes may have rooms that provide a minimum of 40 square feet per student.

(viii) Specialized classrooms not otherwise identified within these standards shall at a minimum comply with the requirements specified in subparagraph (B) of this paragraph.

(ix) Compliance with the standards specified in clauses (iii) and (iv) of this subparagraph will be evaluated based on the average class size in those classrooms.

(D) Major support areas.

(ii) A school district shall consider the School Library Standards and Guidelines as adopted under Texas Education Code, §33.021, when developing, implementing, or expanding library services. Libraries for campuses with a planned student capacity of 100 or less shall be a minimum of 1,400 square feet. Libraries for campuses with a planned student capacity of 101 to 500 shall be a minimum of 1,400 square feet plus an additional 4.0 square feet for each student in excess of 100. Libraries for campuses with a planned student capacity of 501 to 2,000 shall be a minimum of 3,000 square feet plus an additional 3.0 square feet for each student in excess of 500. Libraries for campuses with a planned student capacity of 2,001 or more shall be a minimum of 7,500 square feet plus an additional 2.0 square feet for each student in excess of 2,000. A school district that plans to locate more than 12 student computers in the library shall add 25 square feet of space for each additional computer anticipated. The space allotments within the library shall be based on a formula of 30% for the reading/instructional area and reference/independent study area; 45% for the stack area, circulation desk/area, and computer/on-line reference areas; and 25% for the necessary ancillary areas. Windows shall be placed so that adequate wall and floor space remains to accommodate the shelving necessary for the library collection size established by the School Library Standards and Guidelines.

(6) It is not the intent of these standards to limit the use of nontraditional, alternative, sustainable, and/or innovative school designs. A nontraditional design model is one that works to break down the scale of the school and to improve the connection of the student to the resources available within the school environment. If a school district chooses to use a nontraditional model, the following provisions shall apply.

(A) The instructional spaces where teachers will instruct groups of students in specialized coursework shall meet the standard, as appropriate based on group size, for square feet per room or for the minimum square feet per student specified in paragraph (5)(C) of this subsection.

(B) Large group lecture spaces that do not use tables or desks for the students shall have a minimum of 15 square feet per student. Large group lecture spaces that do use tables or desks for the students shall meet the standard, as appropriate based on group size, for square feet per room or for the minimum square feet per student specified in paragraph (5)(B) of this subsection. A minimum of 150 square feet shall be provided for each small group, conference, or office space area or room.

(C) An individual student learning area that is assigned to a specific student shall have a minimum of 35 square feet. An individual student learning area that is not assigned to a specific student shall have a minimum of 25 square feet.

(D) If necessary under the design model, up to half of the reading/reference area function of the library may be dispersed throughout the facility outside the normal library boundaries. The sum total square footage of all library-related areas shall meet the minimum square feet specified for libraries in paragraph (5)(D)(ii) of this subsection.

(7) Other space requirements should be developed from school district design criteria as required to meet educational program needs.

(f) Construction quality.

(1) Districts with existing building codes.

(A) A school district located in an area that has adopted local construction codes shall comply with those codes (including building, fire, plumbing, mechanical, fuel gas, energy conservation, and electrical codes). The school district is not required to seek additional plan review of school facilities projects other than what is required by the local building authority. If the local building authority does not require a plan review, then a qualified, independent third party, not employed by the design architect or engineer, shall review the plans and specifications for compliance with the requirements of the adopted building code. The plan review shall examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. The review shall be conducted prior to the commencement of construction and must be conducted by a certified building code consultant or a third party architect or engineer. A certified building code consultant is a person who is certified by either the ICC; International Conference of Building Officials (ICBO); Southern Building Code Congress International, Inc. (SBCCI); or Building Officials and Code Administrators International (BOCAI). Associated fees shall be the responsibility of the school district. The reviewer shall prepare a summary list of any conditions not in conformance with the provisions of the adopted building code and is required to send a copy to the school district, design architect, or engineer. The design architect or engineer shall revise the plans and specifications as necessary and certify code compliance to the district. The reviewer, in his or her reasonable judgment and with the approval of the local building authority, may allow a limited number of variances from the codes if such variances do not negatively affect the quality or safety of the facility. Any disputes shall be a matter for contract resolution.

(B) For school facilities projects subject to these standards, and where not otherwise required by local code, fire alarm systems shall be provided. Fire alarm systems shall be designed and installed in accordance with applicable portions of the latest edition of the International Building Code (IBC) and International Fire Code (IFC).

(C) As part of their school facilities projects and where not otherwise required by local code, school districts should consider providing automatic sprinkler systems for fire protection, fire suppression, and life safety. In absence of a local code, each automatic sprinkler system shall be installed in accordance with the latest edition of the IBC and IFC.

(D) If the local building authority does not conduct reviews and inspections during the course of construction of the facility, then a qualified, independent third party, not employed by the design architect or engineer or contractor, should perform a reasonable number of reviews and inspections during the course of construction for compliance with the requirements of the adopted building code. The reviews and inspections should examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. A qualified code inspector is a person who is certified by either the ICC, ICBO, SBCCI, Inc., or BOCAI.

(2) Districts without existing building codes.

(A) A school district located in an area that has not adopted local building codes shall adopt and use the building code and related fire, plumbing, mechanical, fuel gas, and energy conservation codes from the latest edition of the family of International Codes as published by the ICC; and the National Electric Code as published by the NFPA. As an alternative, a school district may adopt the building code and related fire, plumbing, mechanical, fuel gas, and energy conservation codes as adopted by a nearby municipality or county. A qualified, independent third party, not employed by the design architect or engineer, shall review the plans and specifications for compliance with the requirements of the adopted building code. The plan review shall examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. The review shall be conducted prior to the commencement of construction and must be conducted by a certified building code consultant or a third party architect or engineer. A certified building code consultant is a person who is certified by either the ICC, ICBO, SBCCI, or BOCAI. Associated fees shall be the responsibility of the school district. The reviewer shall prepare a summary list of any conditions not in conformance with the provisions of the adopted building code and is required to send a copy to the school district, design architect, or engineer. The design architect or engineer shall revise the plans and specifications as necessary and certify code compliance to the district. The reviewer, in his or her reasonable judgment, may allow a limited number of variances from the codes if such variances do not negatively affect the quality or safety of the facility. Any disputes shall be a matter for contract resolution.

(B) For school facilities projects subject to these standards, fire alarm systems shall be provided. Fire alarm systems shall be designed and installed in accordance with applicable portions of the latest edition of the IBC and IFC.

(C) As part of their school facilities projects, school districts should consider providing automatic sprinkler systems for fire protection, fire suppression, and life safety. Each automatic sprinkler system shall be installed in accordance with the latest edition of the IBC and IFC.

(D) A qualified, independent third party, not employed by the design architect or engineer or contractor, should perform a reasonable number of reviews and inspections during the course of construction of the facility for compliance with the requirements of the adopted building code. The reviews and inspections should examine compliance conditions for emergency egress, fire protection, structural integrity, life safety, plumbing, energy conservation, and mechanical and electrical design. A qualified code inspector is a person who is certified by either the ICC, ICBO, SBCCI or BOCAI.

(3) Other provisions.

(A) For school facilities projects subject to these standards, an adequate technology, electrical, and communications infrastructure shall be provided. To ensure the adequacy of the infrastructure, the school district and the architect or engineer shall seek the input of the school district staff, including, but not limited to, the technology director, the library director, the program directors, the maintenance director, and the campus staff, in the planning and design of the infrastructure.

(B) As part of their school facilities projects, school districts should consider the use of designs, methods, and materials that will reduce the potential for indoor air quality problems. School districts should consult with a qualified indoor air quality specialist during the design process to ensure that the potential for indoor air quality problems after construction and occupancy of a facility is minimized. School districts should utilize the voluntary indoor air quality guidelines adopted by the Texas Department of Health under the Health and Safety Code, Chapter 385. School districts should also utilize the "Indoor Air Quality Tools for Schools" program administered by the U.S. Environmental Protection Agency.

(C) As part of their school facilities projects, school districts should consider the use of sustainable school designs. A sustainable design is a design that minimizes a facility's impact on the environment through energy and resource efficiency.

(D) School district facilities shall comply with the "Texas Accessibility Standards" as promulgated under the Texas Civil Statutes, Article 9102, Architectural Barriers Act, as prepared and administered by the Texas Department of Licensing and Regulation.

(E) School district facilities shall comply with the provisions of the Americans with Disabilities Act of 1990 (Title I and Title II).

(F) School district facilities shall comply with all other local, state, and federal requirements as applicable.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 20, 2003.

TRD-200303135

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Effective date: June 9, 2003

Proposal publication date: December 6, 2002

For further information, please call: (512) 463-9701