West Virginia Code § 18-9D-16

Authority to establish guidelines and procedures for facilities and major
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improvement plans; guidelines for modifications and updates, etc.; guidelines for
project evaluation; submission of certified list of projects to be funded; department
on-site inspection of facilities; enforcement of required changes or additions to
project plans.
(a) The authority shall establish guidelines and procedures to promote the inetent and
purposes of this article and assure the prudent and resourceful expenditure of state funds
for projects under this article including, but not limited to, the followinrg:
(1) Guidelines and procedures for the facilities plans, school majuor improvement plans and
projects submitted in the furtherance of the plans that address, but are not limited to, the
following: t
(A) All of the elements of the respective plans as defined in section two of this article;
(B) The procedures for a county to submit a prelimlinary plan, a plan outline or a proposal for
a plan to the authority prior to the submissions of the facilities plan. The preliminary plan,
plan outline or proposal for a plan shall be the basis for a consultation meeting between
representatives of the county and memberis of the authority, including at least one citizen
member, which shall be held prompgtly following submission of the preliminary plan, plan
outline or proposal for a plan to assure understanding of the general goals of this article and
the objective criteria by which projects will be evaluated, to discuss ways the plan may be
structured to meet those goals, and to assure efficiency and productivity in the project
approval process;
(C) The manner, time line and process for the submission of each plan and annual plan
updates to the authority;
(D) The requirements for public hearings, comments or other means of providing broad-
based input on plans and projects under this article within a reasonable time period as the
authority may consider appropriate. The submission of each plan must be accompanied by a
synopsis of all comments received and a formal comment by the county board, the state
board or the administrative council of an area vocational educational center submitting the
plan;
(E) Any project specifications and maintenance specifications considered appropriate by the
authority including, but not limited to, such matters as energy efficiency, preferred siting,
construction materials, maintenance plan and any other matter related to how the project is
to proceed;
(F) A prioritization by the county board, the state board or the administrative council
submitting the plan of each project contained in the plan. In prioritizing the projects, the
county board, the state board or the administrative council submitting the plan shall make
determinations in accordance with the objective criteria formulated by the School Building
Authority in accordance with this section. The priority list is one of the criteria that shall be
considered by the authority deciding how the available funds should be expended;
(G) The objective means to be set forth in the plan and used in evaluating implementation of
the overall plan and each project included in the plan. The evaluation must measure how the
plan addresses the goals of this article and any guidelines adopted under this article, and
how each project is in furtherance of the facilities plan and school major imperovement plan,
as applicable, as well as the importance of the project to the overall success of the facilities
plan or school major improvement plan and the overall goals of the autrhority; and
(H) Any other matters considered by the authority to be importaunt reflections of how a
construction project or a major improvement project or projects will further the overall goals
of this article. t
(2) Guidelines and procedures which may be adopted bay the authority for requiring that a
county board modify, update, supplement or otherwise submit changes or additions to an
approved facilities plan or for requiring that a counlty board, the state board or the
administrative council of an area vocational edsucational center modify, update, supplement
or otherwise submit changes or additions to an approved school major improvement plan.
The authority shall provide reasonable notification and sufficient time for the change or
addition as delineated in guidelines gdeveloped by the authority. The guidelines shall require
an update of the estimated duration of school bus transportation times for students
associated with any constructieon project under consideration by the authority that includes
the closure, consolidation or construction of a school or schools.
(3) Guidelines and procedures for evaluating project proposals that are submitted to the
authority that address, but are not limited to, the following:
(A) Any project funded by the authority must be in furtherance of the facilities plan or school
major improvement plan and in compliance with the guidelines established by the authority;
(B) If a project is to benefit more than one county in the region, the facilities plan must state
the manner in which the cost and funding of the project will be apportioned among the
counties;
(C) If a county board proposes to finance a construction project through a lease with an
option to purchase pursuant to an investment contract as described in subsection (f), section
fifteen of this article, the specifications for the project must include the term of the lease,
the amount of each lease payment, including the payment due upon exercise of the option to
purchase, and the terms and conditions of the proposed investment contract; and
(D) The objective criteria for the evaluation of projects which shall include, but are not
limited to, the following:
(i) How the current facilities do not meet and how the plan and any project under the plan
meets the following:
(I) Student health and safety including, but not limited to, critical health and safety needs;
(II) Economies of scale, including compatibility with similar schools that have achieved the
most economical organization, facility use and pupil-teacher ratios;
(III) Reasonable travel time and practical means of addressing other demographic
considerations. The authority may not approve a project after July 1, 2008, that includes a
school closure, consolidation or new construction for which a new bus route will be created
for the transportation of students in any of the grade levels prekuindergarten through grade
five to and from any school included in the project, which new bus route exceeds by more
than fifteen minutes the recommended duration of the one-way school bus transportation
time for elementary students adopted by the state board as provided in section five-d, article
two-e of this chapter, unless the county has received thae written permission of the state
board to create the route in accordance with said section five-d;
(IV) Multicounty and regional planning to achsieve the most effective and efficient
instructional delivery system;
(V) Curriculum improvement and diversification, including the use of instructional
technology, distance learning and access to advanced courses in science, mathematics,
language arts and social studies;
(VI) Innovations in education;
(VII) Adequate space for projected student enrollments;
(VIII) The history of efforts taken by the county board to propose or adopt local school bond
issues or special levies to the extent Constitutionally permissible; and
(IX)W Regularly scheduled preventive maintenance; and
(ii) How the project will assure the prudent and resourceful expenditure of state funds and
achieve the purposes of this article for constructing, expanding, renovating or otherwise
improving and maintaining school facilities for a thorough and efficient education.
(4) Guidelines and procedures for evaluating projects for funding that address, but are not
limited to, the following:
(A) Requiring each county board's facilities plan and school major improvement plan to
prioritize all the construction projects or major improvement projects, respectively, within
the county. A school major improvement plan submitted by the state board or the
administrative council of an area vocational educational center shall prioritize all the school
improvement projects contained in the plan. The priority list shall be one of the criteria to be
considered by the authority in determining how available funds shall be expended. In
prioritizing the projects, the county board, the state board or the administrative council
submitting a plan shall make determinations in accordance with the objective criteria
formulated by the School Building Authority;
(B) The return to each county submitting a project proposal an explanation of the evaluative
factors underlying the decision of the authority to fund or not to fund the project; and
(C) The allocation and expenditure of funds in accordance with this article, subject to the
availability of funds.
(b) Prior to final action on approving projects for funding under tuhis article, the authority
shall submit a certified list of the projects to the Joint Committee on Government and
Finance.
(c) The State Department of Education shall conduct oan-site inspections, at least annually, of
all facilities which have been funded wholly or in part by moneys from the authority or state
board to ensure compliance with the county board'ls facilities plan and school major
improvement plan as related to the facilities; tso preserve the physical integrity of the
facilities to the extent possible; and to otherwise extend the useful life of the facilities:
Provided, That the state board shall submiit reports regarding its on-site inspections of
facilities to the authority within thirgty days of completion of the on-site inspections:
Provided, however, That the state board shall promulgate rules regarding the on-site
inspections and matters relating thereto, in consultation with the authority, as soon as
practical and shall submit proposed rules for legislative review no later than December 1,
1994.
(d) Based on its on-site inspection or notification by the authority to the state board that the
changes or additions to a county's board facilities plan or school major improvement plan
required by the authority have not been implemented within the time period prescribed by
the authority, the state board shall restrict the use of the necessary funds or otherwise
alloWcate funds from moneys appropriated by the Legislature for those purposes set forth in
section nine, article nine-a of this chapter.

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