N.D. Admin. Code 67-09-01-05.2

Current through Supplement No. 394, October, 2024

Section 67-09-01-05.2 - Approval of new construction or remodeling construction costing three hundred fifty thousand dollars or more

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.

N.D. Admin Code 67-09-01-05.2

Effective November 1, 2002; amended effective January 1, 2010.

Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.

General Authority: NDCC 15.1-36-01

Law Implemented: NDCC 15.1-36-01