New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.1 - Educational facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each school district shall provide suitable and adequate
					 facilities to accommodate the programs of such district.
(a) Each school district shall develop and
				  keep on file a comprehensive long-range plan pertaining to educational
				  facilities. Such plan shall be reevaluated and made current at least annually,
				  and shall include appraisal of the following: the educational philosophy of the
				  district, with resulting administrative organization and program requirements;
				  present and projected pupil enrollments; space use and State-rated pupil
				  capacity of existing facilities; the allocation of instructional space to meet
				  the current and future special education program and service needs, and to
				  serve students with disabilities in settings with nondisabled peers; priority
				  of need of maintenance, repair or modernization of existing facilities,
				  including consideration of the obsolescence and retirement of certain
				  facilities; and the provision of additional facilities.
(1) The numbers, types, space requirements
				  and pupil capacities of facilities shall be in relation to the present and
				  projected needs of the school district programs, including mandated educational
				  requirements and the current and future special education program and service
				  space needed to serve all students with disabilities.
(2) Pupil enrollment projections shall be
				  based on a school district census projection of each grade level.
				  Pre-kindergarten and, kindergarten through sixth grade enrollments, shall be
				  projected a maximum of five years. Secondary grade enrollments, seventh through
				  twelfth grade, shall be projected a maximum of 10 years.
(3) Educational specifications for the
				  construction, enlargement, remodeling or initial use of educational facilities
				  shall be submitted to the commissioner. Such specifications shall be based on
				  the comprehensive long-range plan of the district and shall include the
				  educational philosophy of the project, description of educational program,
				  including activities to be conducted and related space and facilities
				  requirements; and description of innovative or experimental concepts or
				  features which may be included.
(4)
				  Each school district shall prepare a five-year capital facilities plan no later
				  than July 1, 2001, and shall update such plan annually. Such plan shall be
				  prepared in a manner and in a format prescribed by the commissioner and copies
				  of such plan shall be submitted to the commissioner upon request. Such plan
				  shall include, but shall not be limited to:
(i) a breakdown for each of the five years of
				  the plan of the estimated expenses for the following:
(a) current or proposed new construction
				  ranked in priority order;
(b)
				  current or proposed additions to school facilities ranked in priority
				  order;
(c) current or proposed
				  alterations or reconstruction of school facilities ranked in priority
				  order;
(d) major repairs ranked in
				  priority order;
(e) major system
				  replacement and repairs, and maintenance ranked in priority order;
				  and
(f) energy
				  consumption;
(ii) a
				  districtwide building inventory which shall include, but shall not be limited
				  to:
(a) the number and type of facilities
				  owned, operated or leased by the district;
(b) the age, enrollment, rated capacity, use,
				  size and the safety rating of such buildings as determined pursuant to the
				  provisions of section
				  155.4(c) 
				  of this Part;
(c) the energy
				  sources for such buildings;
(d)
				  probable useful life of each building and its major subsystems;
(e) need for major system replacement and
				  repairs, and maintenance;
(f)
				  summary of the triennial asbestos reports required pursuant to the Asbestos
				  Hazard Emergency Response Act (AHERA) regulations,  40 CFR part 763 ;
				  and
(g) any other information which
				  may be deemed necessary by the commissioner to evaluate safety and health
				  conditions in school facilities.