ECS
From the ECS State Policy Database
2010 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2010. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
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- Finance--Facilities
CASigned into law 09/2010P-12Authorizes the California Department of Education (CDE) and the California School Financing Authority (CSFA) to assign and distribute the state's 2010 federal tax credit bond volume cap for qualified school construction bonds (QSCB). Authorizes charter schools to participate, and sets eligibility criteria and requirements for charter schools. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2551-2600/ab_2560_bill_20100924_chaptered.pdf
Title: A.B. 2560
Source: www.leginfo.ca.gov

CAVetoed 09/2010P-12From bill summary: Requires school facilities constructed or modernized with specified bond funds set aside for career technical education purposes to be used for career technical education purposes for a minimum of 5 years. Requires the governing board of an applicant school district to adopt a resolution stating the intent to use those facilities for career technical education purposes and provide certification of that use during the first year of occupation. Authorizes the governing board of a school district to seek a waiver of the career technical education use requirement from the state allocation board if the facility or educational program of the school district changes during the initial 5 years of use and specifies criteria by which to evaluate the waiver request. Requires the governing board of school districts with projects approved by the board to meet the evaluation criteria. Encourages school districts applying for a career technical education grant to include teachers of career technical education and members of the local career technical education advisory committee in the design and planning process. Authorizes up to 25% of the funds provided for equipment to be used for the purchase of items or equipment with a life expectancy of at least 5 years. Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1351-1400/sb_1380_bill_20100831_enrolled.pdf
Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z5mlr2sx995j5r?&_c=d|yvcee9xanplikz|z5msx9bcq0v1fm&_ce=1285799832.2acfab433c57fecabae78fd24c6be07f
Title: S.B. 1380
Source: www.leginfo.ca.gov

CASigned into law 09/2010P-12Defines the standards and methodologies to be used on performance audits for funds related to certain school facilities projects. Requires that such audits be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1451-1500/sb_1473_bill_20100924_chaptered.pdf
Title: S.B. 1473
Source: www.leginfo.ca.gov

FLSigned into law 07/2010P-12Repeals the SMART Schools Clearinghouse. Directs the Office of Educational Facilities (rather than the SMART Schools Clearinghouse) to monitor district facilities work programs. Establishes priority criteria for awarding of School Infrastructure Thrift (SIT) Awards to districts. Increases minimum construction costs that make a site eligible for a SIT Program award. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7037er.docx&DocumentType=Bill&BillNumber=7037&Session=2010
Title: HB 7037 - Secs. 11-20
Source: http://www.myfloridahouse.gov

GAAdopted 07/2010P-12Amends provisions governing approval of all sites to be used for instructional purposes, design of all new educational facilities, additions, renovations, and modifications to all existing educational facilities, reimbursement of state funds for approved funded projects, and the process for closing an educational facility.
Rule: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-4-.16.pdf
Related guidelines: http://www.gadoe.org/fbo_facilities.aspx?PageReq=FBOFacilitiesInfo
Title: 160-5-4-.16
Source: www.doe.k12.ga.us

ILSigned into law 07/2010P-12In provisions concerning early childhood construction grants, provides that a public school district or other eligible entity must provide local matching funds in an amount equal to 10% of the grant (rather than the amount of the grant). Provides that the Capital Development Board may adopt rules that include requirements that new or improved facilities be used for early childhood and other related programs for a period of at least 10 years. Provides that when grants are made to non-profit corporations for the acquisition or construction of new facilities, the Capital Development Board or any state agency it so designates must hold title to or place a lien on the facility for a period of 10 years after the date of the grant award, after which title to the facility must be transferred to the non-profit corporation or the lien must be removed, provided that the non-profit corporation has complied with the terms of its grant agreement. Provides that when grants are made to non-profit corporations for the purpose of renovation or rehabilitation, if the non-profit corporation does not comply with the requirement that new or improved facilities be used for early childhood and other related programs for a period of at least 10 years, the Capital Development Board or any state agency it so designates must recover the grant pursuant to the procedures outlined in the Illinois Grant Funds Recovery Act.
http://www.ilga.gov/legislation/publicacts/96/PDF/096-1402.pdf
Title: S.B. 3460
Source: www.ilga.gov

ILSigned into law 07/2010P-12Amends the School Construction Law. Requires the grant index to be calculated for each of the school districts forming a reorganized school district or cooperative high school if certain conditions are satisfied within the current or prior 2 fiscal years. Requires the total enrollment of member districts forming a cooperative high school to meet certain minimum enrollment requirements. Authorizes a reorganized school district or cooperative high school to use a school construction application that was submitted by a district that formed the reorganized district or cooperative high school if that application has not been entitled for a project by the state board of education and any certain conditions are satisfied within the current or prior 2 fiscal years. Provides that a new elementary district formed from a school district conversion may use only the application of the dissolved district whose territory is now included in the new elementary district and must obtain the written approval of the local school board of any other school district that includes territory from that dissolved district. Provides that a new high school district formed from a school district conversion may use only the application of any dissolved district whose territory is now included in the new high school district, but only after obtaining the written approval of the local school board of any other school district that includes territory from that dissolved district. Provides that a cooperative high school must, under certain circumstances, obtain the written approval of the local school board of the member school district whose application it is using. http://www.ilga.gov/legislation/publicacts/96/PDF/096-1381.pdf
Title: H.B. 5633
Source: www.ilga.gov

ILSigned into law 06/2010P-12Authorizes any two or more school districts to form an agency, by establishment of an intergovernmental agreement, to acquire and construct facilities designed to convert wind or solar power to energy. Identifies elements that must be addressed in the intergovernmental agreement. Establishes powers and duties of an agency, including (1) purchasing or selling, or investigating the desirability of and necessity for additional means of providing electrical energy from wind sources of any kind and (2) issuing bonds to provide sufficient funds to cover the costs of such projects. http://www.ilga.gov/legislation/96/HB/PDF/09600HB6419lv.pdf
Title: H.B. 6419
Source: www.ilga.gov

NHSigned into law 06/2010P-12Requires school districts to investigate feasible options in the course of deciding to renovate or replace an existing school building. Provides that acquisition of additional land as part of any school renovation project shall not be required unless such additional land is necessary to ensure the safe flow of traffic for school buses or other vehicles entering or exiting school grounds, or the safe boarding or discharge of children using school buses or other vehicles. Requires plans for construction or renovation of school buildings to comply with effective statewide planning and the principles of smart growth.
http://www.gencourt.state.nh.us/legislation/2010/SB0059.html
Title: S.B. 59
Source: http://www.gencourt.state.nh.us

AZSigned into law 05/2010P-12AN ACT amending section 15[ ] 2041, Arizona Revised Statutes, as amended by Laws 2010, chapter 17, section 20.
Allows the school facilities board (SFB) to require a school district to sell land that was previously purchased entirely with monies provided by the SFB if the SFB determines that the property is no longer needed for a new school or for an addition to an existing school within a 10 year period. Prohibits a school district from using land purchased or partially purchased with monies provided by the SFB for a purpose other than a site for a school facility without obtaining prior written approval from the SFB. Prohibits a school district to lease, sell, or take any action that would diminish the value of land purchased or partially purchased with monies provided by the SFB without obtaining prior written approval from the SFB.  Chapter 301 
http://www.azleg.gov/legtext/49leg/2r/bills/sb1187h.pdf 
Title: S.B. 1187
Source: http://www.azleg.gov

GASigned into law 05/2010P-12Provides that specific provisions allowing districts to receive state funds for capital outlay projects will be repealed effective June 30, 2015. http://www.legis.state.ga.us/legis/2009_10/pdf/hb905.pdf
Title: H.B. 905
Source: www.legis.state.ga.us

ILAdopted 05/2010P-12These proposed amendments make numerous changes to the way in which the Temporary Relocation Program operates that respond to various circumstances that school districts have encountered over the last several years. Under this program, a school district may receive a loan to assist with both the direct and indirect costs of moving students to a temporary location due to natural or man-made disasters that destroy or make a school building uninhabitable. As a condition of receiving the loan, a district must levy a tax for this purpose and pledge the proceeds from that levy, as well as from any insurance proceeds received, to repay the loan. Pages 230-239 of http://www.cyberdriveillinois.com/departments/index/register/register_volume34_issue19.pdf
Title: 23 IAC 145.10, .20, .30, .50, .60
Source: www.cyberdriveillinois.com

AZSigned into law 04/2010P-12AN ACT Amending title 15, chapter 3, article 3, Arizona Revised Statutes, by adding section 15[ ] 342.01; amending section 15[ ] 2002, Arizona Revised Statutes; relating to school districts. Stipulates that a school district's routine preventative maintenance guidelines must include plumbing, electrical, heating, ventilation and air conditioning, special equipment, and roofing systems.  Chapter 39.
http://www.azleg.gov/legtext/49leg/2r/bills/hb2760h.pdf
Title: H.B. 2760
Source:

HISigned into law 04/2010P-12Repeals the school-level minor repair and maintenance account and reporting requirements. Requires the department of education to annually report to the director of finance and the legislature the total amount of funds in the school-level minor repair and maintenance special fund that is carried over to the following fiscal year. http://www.capitol.hawaii.gov/session2010/Bills/SB2117_SD1_.HTM
Title: S.B. 2117
Source: www.capitol.hawaii.gov

KYSigned into law 04/2010P-12Defines "efficient school design". Enumerates the public benefits of schools constructed or renovated using efficient school design. Creates new sections to support and encourage the construction and renovation of school buildings using efficient design concepts. Strongly encourages the department of education and districts to (1) Meet or exceed efficient school design standards in planning and designing all new buildings and major renovation projects; (2) Use life-cycle cost analysis to evaluate different design proposals; (3) Consider the possibility that each new school building or major renovation of a building could be a net zero building, either during the construction or renovation, or at a later date as resources become available. Creates the Kentucky efficient school design trust fund, to be administered by the department of education, to to offset any initial additional cost associated with the construction or renovation of school buildings using efficient school design. Directs the state board to establish in administrative rules how a school district may qualify for and use funds from the account. Requires the department of education to develop and publish guidelines for efficient school design. Directs the department of education and department for energy development and independence to assist districts in:
(1) Developing methods for measuring ongoing operating savings resulting from the use of efficient school design
(2) Identifying sources for training for school staff and students to ensure that efficient school design features and components are fully utilized
(3) Identifying ways that efficient school design and its energy-saving components can be integrated into the school curriculum.

Directs the department of education and department for energy development and independence to submit an annual report to the legislative research commission and the governor that includes:
(1) An assessment of the implementation of efficient school design within Kentucky's education system
(2) Documented energy savings from any buildings built using efficient school design or net zero school buildings in operation
(3) A list of the new or renovated school buildings completed or identified for future construction during the prior year using efficient school design, including total project cost, additional cost or savings, if any, associated with efficient school design features, and efficient school design features included in the project
(4) A list of all school buildings that operate as a net zero building, and school buildings which school districts plan to convert to net zero; requires that the list include the total cost associated with the school building becoming a net zero building, and the components that will be installed to make the building a net zero building
(5) Any recommendations relating to efficient school design
(6) A list of new school buildings completed during the prior year without using efficient school design and an explanation of why efficient school design was not used.

Directs the department of education, beginning in the 2011-12 fiscal year, to standardize the process for evaluating the overall quality and condition of school buildings statewide. Requires that the evaluation process:
(1) Result in consistent categorization of buildings for local planning purposes and for the distribution of state general fund moneys designated for capital construction
(2) Be based on measurable, objective criteria
(3) Include numerical scoring with weights to recognize building components and characteristics that address specified components.

Directs the state board to adopt administrative rules upon recommendation of the Kentucky Department of Education and the School Facilities Construction Commission to implement this requirement.

By June 2011, directs the department of education to determine the estimated amount of money that districts are spending on architect and engineering evaluations in preparation of the existing district facility plans and report that amount to the Interim Joint Committee on Education and the Interim Joint Committee on Appropriations and Revenue. By January 15, 2011, directs the Kentucky Department of Education to issue an RFP for contracting with a third party for evaluating the overall quality and condition of all school buildings across the state, as called for in this legislation. http://www.lrc.ky.gov/record/10RS/SB132/bill.doc
Title: S.B. 132
Source: www.lrc.ky.gov

KYSigned into law 04/2010P-12Allows nonprofit entities (including school boards) to lease land from any government entity or agency for purposes of constructing a school building. Provides the lease must be for 1 year but may be extended from year to year for a minimum of 50 years. http://www.lrc.ky.gov/record/10RS/SB114/bill.doc
Title: S.B. 114
Source: www.lrc.ky.gov

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