SB 71 - QBE Capital Outlay Funds - Bd. of Ed. policy on historic landmarks
Georgia Senate - 1995/1996 Sessions
SB 71 - QBE Capital Outlay Funds - Bd. of Ed. policy on historic landmarks
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
1. Brown 26th 2. Perdue 18th 3. Taylor 12th
4. Ray 19th
Senate Comm: Ed / House Comm: Ed /
Senate Vote: Yeas 54 Nays 0
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Senate Action House
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1/13/95 Read 1st time 3/8/95
3/1/95 Favorably Reported 2/27/96
Sub Committee Amend/Sub Sub
3/6/95 Read 2nd Time 3/9/95
3/7/95 Read 3rd Time
3/7/95 Passed/Adopted
CS/FA Comm/Floor Amend/Sub
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Code Sections amended: 20-2-260, 20-2-261
SB 71 LC 9 8785S
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 2 of Title 20 of the Official Code of
1- 2 Georgia Annotated, relating to elementary, secondary, and
1- 3 adult education, so as to provide for State Board of
1- 4 Education policies relating to facilities which are historic
1- 5 landmarks; to provide for use of capital outlay funds for
1- 6 facilities registered as historic landmarks under certain
1- 7 conditions; to provide for common minimum facility
1- 8 requirements for buildings registered as historic landmarks;
1- 9 to repeal conflicting laws; and for other purposes.
1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-11 Chapter 2 of Title 20 of the Official Code of Georgia
1-12 Annotated, relating to elementary, secondary, and adult
1-13 education, is amended by striking subsections (c) and (e)
1-14 of Code Section 20-2-260, relating to capital outlay funds
1-15 generally, and inserting in their places new subsections (c)
1-16 and (e), respectively, to read as follows:
1-17 "(c) The State Board of Education shall adopt policies,
1-18 guidelines, and standards, pursuant to Chapter 13 of Title
1-19 50, the 'Georgia Administrative Procedure Act,' that meet
1-20 the requirements specified in this Code section. The
1-21 state board's responsibilities shall include the
1-22 following:
1-23 (1) To adopt policies, guidelines, and standards for the
1-24 annual physical facility and real property inventory
1-25 required of each local school system. This inventory
1-26 shall include, but not be limited to: parcels of land;
1-27 number of educational facilities; year of construction
1-28 and design; size, number, and type of construction
1-29 space; amount of instructional space in permanent and
1-30 temporary buildings; designations for each instructional
1-31 space in permanent and temporary buildings occupied by
1-32 designated state approved instructional programs,
1-33 federal programs, or local programs not required by the
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LC 9 8785S
2- 1 state; local property assessment for bond purposes;
2- 2 outstanding school bonds and annual debt service; and
2- 3 buildings and facilities not in use or rented or leased
2- 4 to individuals or other agencies of government, or used
2- 5 for other than instructional programs required by this
2- 6 article, each identified by its current use. Department
2- 7 of Education staff shall annually review, certify the
2- 8 accuracy of, and approve each local school system's
2- 9 inventory;
2-10 (2) To adopt policies, guidelines, and standards for the
2-11 educational facilities survey required of local school
2-12 systems. The educational facilities survey shall be
2-13 initiated by written request of a local board of
2-14 education. The request may suggest the number of teams
2-15 and the individuals constituting such teams to
2-16 participate in the survey. However, it shall be the
2-17 responsibility of the Department of Education to
2-18 constitute the makeup of the necessary teams. Said
2-19 teams shall exclude local residents; employees of the
2-20 local board of education, the servicing regional
2-21 educational services agency, and other educational
2-22 centers and agencies servicing the local board; and
2-23 individuals deemed unacceptable by the local board. The
2-24 state board shall establish and maintain qualification
2-25 standards for participants of survey teams. Each
2-26 educational facilities survey shall include, but not be
2-27 limited to, an analysis of population growth and
2-28 development patterns; assessment of existing
2-29 instructional and support space; assessment of existing
2-30 educational facilities; extent of obsolescence of
2-31 facilities; and recommendations for improvements,
2-32 expansion, modernization, safety, and energy
2-33 retrofitting of existing educational facilities. The
2-34 Department of Education staff shall review and certify
2-35 as to the accuracy of each educational facilities
2-36 survey. The state board shall approve or reject the
2-37 recommendations of the survey team and shall establish
2-38 appeal procedures for rejected surveys;
2-39 (3) To adopt policies, guidelines, and standards for
2-40 educational facilities construction plans. Local school
2-41 system facilities construction plans shall include, but
2-42 not be limited to, a list of construction projects
2-43 currently eligible for state capital outlay funds, if
2-44 any; educational facilities projected for abandonment,
2-45 if any; educational facilities projected as needed five
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LC 9 8785S
3- 1 years hence; proposed construction projects for
3- 2 modernization, renovation, and energy retrofitting;
3- 3 proposed construction projects for the purpose of
3- 4 consolidating small, inefficient educational facilities
3- 5 which are less than the minimum size specified in
3- 6 subsection (q) of this Code section; and other
3- 7 construction projects needed to house the instructional
3- 8 programs authorized by provisions of this article;
3- 9 (4) To adopt uniform rules, regulations, policies,
3-10 standards, and criteria respecting all location,
3-11 construction, equipping, operating, maintenance, and use
3-12 of educational facilities as may be reasonably necessary
3-13 to assure effective, efficient, and economical operation
3-14 of the schools and all phases of the public education
3-15 program provided for under the provisions of this
3-16 article. Such matters shall include, but not be limited
3-17 to, the method, manner, type, and minimum specifications
3-18 for construction and installation of fixtures and
3-19 equipment in educational facilities; space requirements
3-20 per student; number and size of classrooms; allowable
3-21 construction costs based on current annual construction
3-22 cost data maintained by the Department of Education; and
3-23 other requirements necessary to ensure adequate,
3-24 efficient, and economical educational facilities. The
3-25 state board shall adopt policies or standards which
3-26 shall allow renovation costs up to the amount of new
3-27 construction of a replacement facility, provided that
3-28 the renovated facility provides comparable instructional
3-29 and supportive space and has an extended life comparable
3-30 to that of a new facility. Except for satisfying the
3-31 most recent life safety codes, facilities which are
3-32 undergoing renovation, modernization, or additions shall
3-33 otherwise meet requirements applicable to them prior to
3-34 renovation, modernization, or additions, provided that
3-35 such additions do not increase the student capacity of
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3-37 it was designed;
3-38 (5) To develop a state-wide needs assessment for
3-39 purposes of planning and developing policies,
3-40 anticipating state-wide needs for educational
3-41 facilities, and providing assistance to local school
3-42 systems in developing educational facilities plans. The
3-43 state-wide needs assessment shall be developed from,
3-44 among other sources, vital statistics published by the
3-45 Department of Human Resources, census data published by
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LC 9 8785S
4- 1 the Bureau of the Census, local school system
4- 2 educational facilities and real property inventories,
4- 3 educational facilities surveys, full-time equivalent
4- 4 student projection research, and educational facilities
4- 5 construction plans and shall reflect circumstances where
4- 6 rapid population growth is caused by factors not
4- 7 reflected in full-time equivalent student projection
4- 8 research. In addition, the state board shall develop a
4- 9 consistent, systematic research approach to full-time
4-10 equivalent student projections which will be used in the
4-11 development of needs within each local unit.
4-12 Projections shall not be confined to full-time
4-13 equivalent resident students but shall be based on
4-14 full-time equivalent student counts which include
4-15 full-time equivalent nonresident students, whether or
4-16 not such full-time equivalent nonresident students
4-17 attend school pursuant to a contract between local
4-18 school systems. The full-time equivalent projection
4-19 shall be calculated in accordance with subsection (m) of
4-20 this Code section. The survey team will use such
4-21 projections in determining the improvements needed for
4-22 the five-year planning period. The state board shall
4-23 also develop schedules for allowable square footage and
4-24 cost per square foot. The cost estimate for each
4-25 recommended improvement included in the plan shall be
4-26 based on these schedules. Any increase in cost or
4-27 square footage for a project beyond that allowed by
4-28 state board schedules for such projects shall be the
4-29 responsibility of the local school system and shall not
4-30 count toward present or future required local
4-31 participation. The schedules for allowable square
4-32 footage and cost per square foot shall be specified in
4-33 regulations by the State Board of Education;
4-34 (6) To adopt policies, standards, and guidelines to
4-35 ensure that the provisions of subsections (e), (f), (g),
4-36 (h), (i), (j), and (k.1) of this Code section relating
4-37 to uses of state capital outlay funds, state and local
4-38 share of costs, entitlements, allocation of capital
4-39 outlay funds, advance funding for certain construction
4-40 projects, exceptional growth construction projects, and
4-41 consolidation of schools across system lines are carried
4-42 out;
4-43 (7) To review and approve proposed sites and all
4-44 architectural and engineering drawings and
4-45 specifications on construction projects for educational
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LC 9 8785S
5- 1 facilities to ensure compliance with state standards and
5- 2 requirements, and inspect and approve completed
5- 3 construction projects financed in whole or in part with
5- 4 state funds, except construction projects under
5- 5 supervision of the Georgia State Financing and
5- 6 Investment Commission. The state board may designate
5- 7 selected local units of administration which have staff
5- 8 qualified for such purposes to act on behalf of the
5- 9 Department of Education in such inspections, when the
5-10 project is not under the direction of the Georgia State
5-11 Financing and Investment Commission;
5-12 (8) To coordinate construction project reviews with the
5-13 state fire marshal's office and the Department of Human
5-14 Resources; and
5-15 (9) To provide procedures whereby local school systems
5-16 may revise their educational facilities plans or the
5-17 priority order of construction projects requested to
5-18 reflect unforeseen changes in locally identifiable
5-19 needs, which revisions shall be approved by the State
5-20 Board of Education, providing that such revisions meet
5-21 state and local building codes, fire marshal
5-22 certification, architectural requirements, and minimum
5-23 size requirements under subsection (q) of this Code
5-24 section; and.
5-25 (10) To adopt uniform rules, regulations, policies,
5-26 standards, and criteria respecting all location,
5-27 construction, equipping, operating, maintenance, and use
5-28 of education facilities which are used as schools and
5-29 that are historic landmarks and which were registered as
5-30 such on or before December 31, 1994, with the National
5-31 Register of Historic Places or the Georgia Register of
5-32 Historic Places and the expenditure of capital outlay
5-33 funds otherwise available to a school system for such
5-34 purposes."
5-35 "(e) State capital outlay funds for educational facilities
5-36 appropriated in accordance with provisions of this Code
5-37 section shall be used for the following purposes:
5-38 (1) To provide construction projects needed because of
5-39 increased student enrollment or exceptional growth or to
5-40 replace educational facilities which have been abandoned
5-41 or destroyed by fire or natural disaster and which shall
5-42 consist of new buildings and facilities on new sites or
5-43 new additions to existing buildings and facilities, or
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LC 9 8785S
6- 1 relocation of existing educational facilities or
6- 2 portions thereof to different sites;
6- 3 (2) To provide construction projects to renovate,
6- 4 modernize, or replace educational facilities in order to
6- 5 correct deficiencies which produce educationally
6- 6 obsolete, unsafe, inaccessible, energy inefficient, or
6- 7 unsanitary physical environments;
6- 8 (3) To provide construction projects for new additions
6- 9 to existing educational facilities or relocation of
6-10 existing educational facilities or portions thereof to
6-11 different sites in order to house changes in the
6-12 instructional program authorized and funded under
6-13 provisions of this article or new educational facilities
6-14 on new sites or new additions to existing ones as a
6-15 result of internal population shifts or changes in
6-16 attendance zones within the local school system;
6-17 (4) To provide construction projects to consolidate
6-18 educational facilities which have fewer pupils than
6-19 required for the minimum school population specified in
6-20 subsection (q) of this Code section or which are too
6-21 expensive to renovate or modernize due to obsolescence
6-22 or location and which shall consist of new educational
6-23 facilities on new sites, new additions to existing
6-24 sites, or relocation of existing educational facilities
6-25 or portions thereof to different sites;
6-26 (5) To provide construction projects to consolidate the
6-27 total student populations in elementary, middle, or high
6-28 schools across local school system lines. In such
6-29 projects, there shall be no requirement to include a
6-30 vocational wing as defined within the high school
6-31 structure but neither shall such vocational wing be
6-32 excluded for funding purposes; and
6-33 (6) To reimburse local school systems for current
6-34 principal payments on local indebtedness for state
6-35 approved construction projects for educational
6-36 facilities. No local school system may request funds
6-37 for the purposes of this paragraph unless and until all
6-38 construction projects identified in its construction
6-39 plan for the purposes of paragraphs (1) through (5) of
6-40 this subsection have been completed; and.
6-41 (7) To provide construction projects to renovate or
6-42 modernize facilities which are historic landmarks and
6-43 are registered as such with the National Register of
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LC 9 8785S
7- 1 Historic Places or the Georgia Register of Historic
7- 2 Places in order to correct deficiencies which produce
7- 3 educationally obsolete, unsafe, inaccessible, energy
7- 4 inefficient, or unsanitary physical environments;
7- 5 provided, however, that local school boards shall be
7- 6 required to use the facility which is a historic
7- 7 landmark as a school; and provided, further, that
7- 8 facilities which are historic landmarks be used as
7- 9 public schools and be registered as historic landmarks
7-10 on or before December 31, 1994. No lottery proceeds
7-11 shall be appropriated from the Lottery for Education
7-12 Account to fund any project or purpose authorized by
7-13 this paragraph."
SECTION 2.
7-14 All laws and parts of laws in conflict with this Act are
7-15 repealed.
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Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97