(a)The commission shall annually evaluate the adequacy of
school buildings and facilities and prioritize school building
and facility needs in accordance with this subsection. The
commission shall cause the department, as it deems necessary, to
conduct periodic on-site visitations and inspections of school
buildings and facilities and acquire other relevant needs
assessment data acquired in coordination and cooperation with
the districts for purposes of this evaluation and
prioritization. The commission shall give due consideration to
district facility plans developed under W.S. 21-15-116 in
performing this evaluation and prioritization. To conduct the
evaluation and prioritization, the commission shall establish
two (2) schedules for building and facility remediation on a
statewide basis
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(a) The commission shall annually evaluate the adequacy of
school buildings and facilities and prioritize school building
and facility needs in accordance with this subsection. The
commission shall cause the department, as it deems necessary, to
conduct periodic on-site visitations and inspections of school
buildings and facilities and acquire other relevant needs
assessment data acquired in coordination and cooperation with
the districts for purposes of this evaluation and
prioritization. The commission shall give due consideration to
district facility plans developed under W.S. 21-15-116 in
performing this evaluation and prioritization. To conduct the
evaluation and prioritization, the commission shall establish
two (2) schedules for building and facility remediation on a
statewide basis using appropriate scoring systems, as described
in paragraphs (i) and (iii) of this subsection. Under each of
the two (2) schedules the commission shall prioritize
educational building and facility needs that impede the delivery
of the prescribed statewide educational program. Remediation
undertaken under these schedules shall over time bring all
buildings and facilities to the levels set by the statewide
adequacy standards promulgated under W.S. 21-15-115(a). The
commission shall annually develop:
(i) One (1) schedule to remedy building condition
needs, which shall be based on appropriate criteria and measures
for building condition, as established by commission rule and
regulation, compiled under the building systems condition
reference guide for building condition. The schedule shall be
categorized by educational and noneducational building;
(ii) Repealed By Laws 2011, Ch. 71, § 2.
(iii) One (1) schedule to remedy building capacity
needs. The commission shall base the schedule on an analysis of
student enrollment changes, performed in accordance with a
commission approved enrollment projection methodology, to
determine the need for changes in building capacities for
compliance with statewide adequacy standards over a five (5)
year projection period commencing on the date of anticipated
completion of project construction. The commission may adjust
projections computed under this paragraph as necessary to
reflect more precise analysis and evaluation of historical,
economic, social and other data impacting the community in which
the building is or is to be located;
(iv) Repealed by Laws 2021, ch. 131, § 2.
(v) Repealed by Laws 2021, ch. 131, § 2.
(vi) Repealed by Laws 2023, ch. 83, § 2.
(b) The commission shall for each building and facility
remedy scheduled under subsection (a) of this section, ensure
the adoption of the most cost effective method of remediation of
building and facility needs to deliver quality educational
services and ensure compliance with the statewide adequacy
standards. The commission shall only request capital outlay for
a building with capacity needs identified under paragraph
(a)(iii) of this section after consideration of all other
remedies for that building. For any scheduled remedy for which
major building and facility repair and replacement payments
under W.S. 21-15-109 are not sufficient to remedy the scheduled
need, as determined by the commission, the commission shall
determine if the remedy requires capital outlay.
(i) Repealed By Laws 2008, Ch. 93, § 2.
(ii) Repealed By Laws 2008, Ch. 93, § 2.
(c) In determining the most cost effective method in
meeting capital construction needs in order to deliver quality
educational services, the commission in consultation with the
select committee on school facilities, may recommend
consolidating educational facilities within, between or among
school districts. The legislature shall approve any
consolidation of educational facilities between two (2) or more
school districts.
(d) In determining building and facility remedies under
subsection (b) of this section, in developing criteria and
procedures for site analysis under W.S. 21-15-114(a)(xii) and in
approving district facility plans under W.S. 21-15-116 and
otherwise administering this act, the commission shall adopt the
remedy that is in the best financial and educational interests
of the state, taking into consideration the recommendations of
the department and the most efficient and cost effective
approach in order to deliver quality educational services and
address building and facility need. Expenditures from the
public school foundation program account for school capital
construction shall be for necessary and related costs to
implement efficient and cost effective building and facility
remedies required to deliver quality educational services. In
making determinations under this subsection, the commission
shall take into consideration the effects of the proposed
activity on the local community. The commission shall implement
this subsection in carrying out building and facility remedies
and shall, giving proper consideration to the prevention of
unnecessary delays in proceeding with a remedy, establish a
process to work with other political subdivisions of the state
in implementing this subsection.
(e) For any building subject to paragraph (a)(iii) of this
section, and when prioritizing buildings and facilities remedies
pursuant to subsection (a) of this section, the commission shall
consider criteria for building capacity established by
commission rule and regulation which include:
(i) A comparison of the existing and projected
student population served by each building to square footage
guidelines established by the commission under W.S. 21-15-115(a)
for that building;
(ii) An analysis of the number of classrooms within
the building including an examination of the building square
footage devoted to classrooms compared to the building total
square footage;
(iii) An analysis of the building's square footage
per student;
(iv) An examination of loading and utilization
factors for that building to encourage the efficient use of
classrooms with a factor of eighty-five percent (85%) of the
instructional area applied to middle and high school level
buildings, and a factor of one hundred percent (100%) of the
home room instructional area applied to elementary school
buildings; and
(v) Total acreage of the site on which the building
is situated.