§ 21-15-123 — State construction department; duties and authority relating to school facilities

(a) Repealed by Laws 2016, ch. 105, § 4.
(b) Repealed by Laws 2016, ch. 105, § 4.
(c) Repealed by Laws 2016, ch. 105, § 4.
(d) Repealed by Laws 2016, ch. 105, § 4.
(e) The director of the state construction department or
his designee shall review and evaluate school district requests
for the alteration of grade configurations pursuant to W.S.
21-13-309(m)(vi), and shall evaluate the request in the best
financial and educational interests of the state, taking into
consideration the most efficient and cost effective approach in
order to deliver quality educational services.
(f) The state construction department shall:
(i) Implement policies, guidelines and standards as
adopted by the commission for school district facility plans
required under W.S. 21-15-116;
(ii) Subject to W.S. 21-15-117(a)(iii), establish a
consistent, systematic research approach for student enrollment
projections used by districts in developing district facility
plans and forecasting building and facility needs to comply with
statewide building adequacy standards;
(iii) Develop cost per square foot guidelines to be
used in estimating the cost of constructing, renovating and
otherwise remediating buildings and facilities to comply with
statewide adequacy standards, which shall account for
demonstrated differences among regions and communities within
the state;
(iv) Establish a statewide school facilities database
comprised of building and facility specific condition,
suitability, accessibility, capacity, inventory and site data;
(v) Enter into or approve project agreements with
school districts, as appropriate. Each agreement shall:
(A) Require the district to make arrangements
for appropriate professional supervision and management of the
project;
(B) Provide for the review and approval by the
department of project plans and specifications;
(C) Provide for review and approval by the
department of project changes and change orders provided that:
(I) The agreement may specify parameters
identifying the circumstances under which changes and change
orders may also be approved;
(II) All changes and change orders shall be
approved by the district or its representative.
(D) Establish payment schedules involving state
funds;
(E) Assure the state is not responsible or
liable for compliance with project schedules or completion
dates;
(F) Provide that the agreement shall expire upon
completion of the project or projects;
(G) Contain any other provision mutually agreed
upon by the department and the district;
(H) Allow for alternate design and construction
delivery methods as defined in W.S. 16-6-701 for provision of
design and construction services, if approved by the commission;
and
(J) Require a contract compliance audit by
independent auditing expertise of project budgets and
expenditures prior to completing the project or projects.
(vi) Review district proposals for the disposition or
demolition of buildings and facilities made surplus by an
approved project or by changes in school population, including
allocation of resulting costs and revenues and report the
proposals to the commission. Disposition shall include options
for use, lease, sale and any other means of disposing of the
surplus building or facility. The costs and revenues incurred by
the disposition or demolition of the building or facility shall
be accounted for in each district's school facility plan and
considered in any building or facility remedy for that district,
including the allocation of revenues resulting from the
disposition of property rendered surplus to offset property
demolition costs. The department shall report this review to the
commission. The commission, after receiving a report of the
review by the department, shall approve the proposal related to
disposition or demolition submitted pursuant to this paragraph
unless the commission determines that the proposal does not
protect the financial interests of the state or is not otherwise
in the public interest. Any revenues resulting from property
disposition under this paragraph shall not be considered or
counted under W.S. 21-13-310(a)(xiv) or (xv);
(vii) Authorize, subject to commission review, the
purchase and acquisition of sites for any project within the
approved district facility plan if state funds are to be
expended for the acquisition;
(viii) Review any proposed sale of existing land
owned by a district, which land is within the scope of the
district's facility plan, and determine the impact of the land
disposition upon that plan. The department shall report the
review to the commission. The commission, after receiving a
report of the review by the department, shall approve the
proposal related to a sale submitted pursuant to this paragraph
unless the commission determines that the proposal does not
protect the financial interests of the state or is not otherwise
in the public interest. If the commission determines land
disposition adversely impacts the cost-effectiveness of the
district's facility plan, the revenues resulting from land
disposition shall be considered by the commission in any future
building or facility remedy for that district and,
notwithstanding paragraph (vi) of this subsection, the
commission may direct the department of education to consider or
count those revenues under either W.S. 21-13-310(a)(xiv) or
(xv);
(ix) Review requests submitted by charter schools
pursuant to W.S. 21-3-304(k) to determine whether space exists
within the applicable district for operation of the charter
school that is available and adequate.
(g) The department may contract with appropriate expertise
and professionals, including auditors, in administering this act
and performing duties imposed under this act.