7115(R) Educational Adequacy of Capital Projects, Regualtion

Regulation

EDUCATIONAL ADEQUACY OF CAPITAL PROJECTS

Capital projects that affect any of the following criteria for educational adequacy must be reviewed and approved by the Division of Facilities and Transportation. The criteria are the number, configuration, size, location or use of educational spaces within a school facility. The review for educational adequacy will take into consideration the suitability of the number, configuration, size, location, and use of educational spaces; built-in furniture and equipment; and provisions for the disabled.

A. Projects Requiring Approval for Educational Adequacy – N.J.A.C. 6A:26-5.1

1. Capital projects that involve the following types of building construction work require approval for educational adequacy:

1. New school facilities including pre-fabricated facilities;
2. Additions to existing school facilities;
3. Alterations to the total number, dimension in volume and/or area, configuration or location of educational spaces or the number of any one kind of educational space;
4. Change of use that requires alterations per A.1.c. above, or that requires mechanical or electrical changes pursuant to N.J.A.C. 5:23 or these regulations;
5. Installation of temporary facilities; and
6. Any site or school facility change or alteration for the purpose of making the site and school barrier free and accessible to disabled persons pursuant to N.J.A.C. 5:23 and 504 of the Federal Rehabilitation Act of 1973, 29 U.S.C. ß794 and the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.

B. New Jersey Economic Development Authority and Non-Authority Capital Projects

1. New Jersey Economic Development Authority and non-authority school facilities projects, along with other capital projects, are subject to educational adequacy reviews as follows:

Authority School Facilities Projects – The district will apply for the review and approval for educational adequacy in conjunction with the application for approval of a school facilities project pursuant to N.J.A.C. 6A:26-3.1et seq., and prior to the review and approval of capital projects for compliance with the Uniform Construction Code, N.J.A.C. 5:23, by the Division of Codes and Standards in the Department of Community Affairs, and prior to local share authorization. The educational adequacy review will cover three and in certain circumstances, see N.J.A.C. 6A:26-5.4, four types of project documents: educational specifications, schematic plans and related documents, detailed plans and specifications, and final plans and specifications. The educational specifications and schematic plans and related documents will be submitted by the district at the time of project application; the detailed plans and specifications, and final plans and specifications are forwarded by the authority to the Division after project approval, but prior to UCC approval.

Non-authority School Facilities Projects – The district will apply for the review and approval for education adequacy as in subparagraph B.1.a. above. The educational adequacy review will cover three types of documents: educational specifications, schematic plans and related documents, and final plans and specifications. Educational specifications and schematic plans and related documents will be submitted to the Division by the district at the time of the project application. Final plans and specifications will be submitted to the Division by the district after project approval, but prior to UCC approval and local share or total costs of the school facilities project for a debt service aid authorization.

Other Capital Projects – The district will apply for the review and approval for educational adequacy prior to the division review for consistency of the other capital project with the district’s approved LRFP. The educational adequacy review will cover educational specifications, schematic plans and related documents, and final plans and specifications. The educational specifications and schematic plans and related documents will be submitted by the district at the time the project is reviewed for consistency with the district’s approved LRFP. Final plans and specifications will be submitted to the Division by the district after the consistency review, but prior to UCC approval and local funding authorization.

C. Change of Use of Instructional Space

1. The district will submit any plan for change of use of instructional space to the County Superintendent of Schools for approval.

D. Educational Specifications (N.J.A.C. 6A:26-5.2)

1. Submissions of educational specifications for educational adequacy reviews will include the following:

1. Educational specifications will be prepared in writing describing in detail the educational program activities and requirements for each space proposed in the capital project, and will refer to the Core Curriculum Content Standards wherever appropriate;
2. An itemized list of furniture, equipment, and support spaces required to conduct the educational program specified for each space will be included, together with their estimated areas in square feet, as well as an estimate of the total room area required for each space;
3. Specific technical and environmental criteria, adjacencies and other requirements for the educational program will be noted; and
4. Educational specifications must contain a building space program that indicates the number and area in square feet of each instructional, specialized instructional, administrative and support space in each existing or proposed building included in the capital project.

E. Schematic Plans and Other Related Project Documents (N.J.A.C. 6A:26-5.3)

1. Submissions of schematic plans for educational adequacy reviews will include the following:

Three sets of schematic plans showing the entire existing and proposed building drawn to a scale of not less than 1/16 inch per foot will be submitted. The approved use of each space, and the proposed number of occupants, will be clearly labeled;

Schematic plans will be reviewed for conformance with the educational specifications and will include layouts of the built-in and moveable furniture and equipment for examples of all occupied spaces drawn to a scale of not less than 1/8 inch per foot;

Information required to demonstrate compliance with the Facility Planning Standards of N.J.A.C. 6A:26-6.1 et seq. will be indicated on the schematic plans, including dimensions, clearances, ceiling heights, and required equipment;

Paths of travel for disabled persons will be clearly indicated;

Whenever site work is required, a completed plot plan will be submitted and on it will be shown the intended location of the school and a layout of the locations of all other structures, play and recreation areas, athletic fields, walkways, roadways, access roads, buffer and set back zones, and parking areas; and

Schematic plans will be signed and sealed by a New Jersey registered architect or licensed engineer and signed by the President of the Board and Superintendent of Schools.

2. Other project documents to be submitted with the schematic plans will include:

1. A project cost estimate on a form provided by the Commissioner of Education;
2. A project schedule;
3. A copy of the dated transmittal letter indicating project document submission to the Executive County Superintendent;
4. A copy of the transmittal letter indicating the date of plan submission to the local planning board, whenever the building footprint, volume, pedestrian or vehicular access are altered by the project; and
5. The Director of the Office of Bilingual Education and Equity Issues must receive a completed OEEO questionnaire, in accordance with Title 6 of the Civil Rights Act of 1964 (42 U.S.C. ß 2000a et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. ß 794) and Title 2 of the Americans with Disabilities Act of 1990 (42 U.S.C. ß 12101 et seq.), from the district and must make a positive recommendation in writing to the Division before schematic plans can be approved for any project that affects the capacity of individual buildings or their sending areas in the district.

F. Detailed Plans and Specifications and Final Plans and Specifications (N.J.A.C. 6A:26-5.4)

1. In the case of an authority school facilities project, upon completion of detailed plans and specifications, the authority on behalf of the district will apply for final approval of the educational adequacy of the project. Detailed plans and specifications will be considered adequate for calculations of final eligible costs if the plans and specifications are sixty percent or more complete. Such application will include:

Two sets of detailed plans, drawn to a scale of not less than 1/8 inch per foot, signed and sealed by a New Jersey registered architect or licensed engineer and signed by the President of the Board and Superintendent of Schools, and specifications, to sufficiently demonstrate that the school facilities project conforms to schematic plans approved by the Division;

The fee calculated according to the fee schedule unless exempted pursuant to N.J.A.C. 6A:26-5.5; and

In the event there is a change affecting the number, configuration, size, location or use of educational spaces as set forth in the detailed plans and specifications submitted to the Department, the authority will submit such application to the Division with two sets of final plans and specifications, as set forth in subparagraph 2.a. below and no additional fee will be imposed.

2. In the case of a non-authority school facilities project or another capital project, upon the completion of final plans and specifications, the district will apply for final approval of the educational adequacy of the project. Such application will include:

1. Two sets of detailed plans, drawn to a scale of not less than 1/8 inch per foot, signed and sealed by a New Jersey registered architect or licensed engineer and signed by the President of the local Board and Superintendent, and specifications, to sufficiently demonstrate that the capital project conforms to schematic plans approved by the Division;
2. A properly executed copy of a “Release Form for School Construction Plans” for a district which chooses to have a municipal code enforcing agency review of its plans for conformance with the UCC. The district’s Superintendent and municipal code enforcing agency chief must sign this form. This form may be obtained from the Division;
3. Copies of letters of approval from all other State agencies having jurisdiction over the project; and
4. A check, payable to the “Treasurer, State of New Jersey,” for the fee calculated according to the fee schedule unless exempted pursuant to N.J.A.C. 6A:26-5.5.

G. Fee schedule and exemption

The Division of Facilities and Transportation will collect fees for its reviews according to N.J.A.C. 6A:26-5.5.

Adopted: October 20, 2008