This bill transfers oversight of public school construction from the State Board of Education to the Division of Facilities Construction and Management (division).
This bill:
- establishes permitting and inspection authority for the division regarding public school construction projects;
- repeals and reenacts sections related to state board coordination with the division;
- establishes educational facility planning requirements for a local education agency (LEA), including notification requirements;
- establishes public school construction oversight under the division;
- establishes division authority to adopt comprehensive construction rules covering square footage, safety, costs, and building standards;
- requires consultation with the state security chief on mandatory safety and security standards;
- creates architect and design professional cost oversight with benchmarks and review requirements;
- establishes plan review and approval authority for the division before construction can begin;
- sets mandatory technical compliance requirements including fire safety, accessibility, and energy codes;
- creates an online document management system for construction documentation and compliance tracking;
- establishes inspection verification and monitoring procedures with qualified inspector requirements;
- implements standardized cost reporting systems with detailed requirements and cost database development;
- requires an LEA to obtain division approval that projects fit within established cost matrices before construction;
- requires training and technical assistance programs including resource manuals and annual training conferences;
- authorizes the division to delegate oversight authority to qualified school districts with demonstrated internal capacity;
- authorizes the division to establish a fee schedule to recover costs of oversight activities;
- designates a school construction liaison for coordination between the state board and division;
- allows division-managed construction services for a school district with fee structures and reimbursement requirements;
- creates enforcement and penalty provisions including administrative penalties up to $25,000 and mandatory compliance audits;
- establishes a qualified contractor and vendor registry for public school construction projects;
- requires an LEA to submit historical project information and documentation to the division upon request;
- authorizes the division to establish a fee schedule to recover costs of oversight activities;
- provides the division with construction permitting authority;
- sets an implementation timeline requiring full compliance by January 1, 2027; and
- makes conforming changes.

Statutes affected:
Introduced: 10-20-304, 17-79-305, 53E-3-701, 53E-3-702, 53E-3-703, 53E-3-704
Substitute #1: 10-20-304, 17-79-305, 53E-3-701, 53E-3-702, 53E-3-703, 53E-3-704
Enrolled: 10-20-304, 17-79-305, 53E-3-701, 53E-3-702, 53E-3-703, 53E-3-704
Substitute #2: 10-20-304, 17-79-305, 53E-3-701, 53E-3-702, 53E-3-703, 53E-3-704