§ 21-15-120 — Emergency facility needs

(a) The commission shall promulgate rules under which an
emergency shall be determined to exist with respect to the
adequacy of the school buildings and facilities of any school
district such that the ability of the district to provide
educational programs required by law is immediately and
substantially impacted and no reasonable alternative exists to
address it other than emergency funding under this section.
(b) Upon a finding that an emergency exists under
subsection (a) of this section, the commission shall in
accordance with rules and regulations promulgated by the
commission under this subsection and to the extent funds are
available within the public school foundation program account or
otherwise made available by the legislature, acquire facilities
and equipment, undertake school building and facility repairs,
fund additional operating expenses incurred in providing
temporary measures and other responses to the emergency
situation including necessary investigative and qualified
contract assistance expenses incurred by the commission, as
necessary to enable the district to provide educational programs
required by law on a temporary basis until permanent action can
be taken to address school building and facility adequacy.