2018 Wyoming Statutes
TITLE 21 - EDUCATION
CHAPTER 15 - CAPITAL CONSTRUCTION PROJECTS
SECTION 21-15-123 - State construction department; duties and authority relating to school facilities.
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(a) Repealed by Laws 2016, ch. 105, § 4.
(b) Repealed by Laws 2016, ch. 105, § 4.
(c) Repealed by Laws 2016, ch. 105, § 4.
(d) Repealed by Laws 2016, ch. 105, § 4.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 construction or renovation 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 construction or renovation 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 construction or renovation 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).
(g) The department may contract with appropriate expertise and professionals, including auditors, in administering this act and performing duties imposed under this act.
