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§ 26-2602-J. School construction and renovation approval process

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: July 1, 2020

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XXVI-J. Construction and Renovation of Buildings by School Entities (Refs & Annos)
Effective: July 1, 2020
24 P.S. § 26-2602-J
§ 26-2602-J. School construction and renovation approval process
(a) General rule.--To be eligible to receive reimbursement from the Commonwealth for costs of a project, a school entity must receive appropriate approval from the department. To be eligible to receive approval, a school entity shall comply with the following process as developed and administered by the department in the order prescribed under this section:
(1) Part 1--Project Justification.
(i) The school entity must first submit an application containing the following to the department pursuant to the requirements developed by the department:
(A) The summary page from a school entity-wide facility study that is not more than five years old.
(B) A school board resolution approving the project.
(C) The educational specifications of the project.
(D) A design overview, drawings and scheduled area floor plan for the project.
(E) A site plan for the project.
(F) Preliminary materials required under section 701.1.1
(ii) To approve a school entity's application under this paragraph, the department shall:
(A) Verify compliance with the school entity's facility study.
(B) Verify receipt of the school board resolution approving the project.
(C) Assess whether the project meets educational specifications and enrollment needs.
(D) Review the project's compliance with section 701.1.
(E) Calculate the project's preliminary reimbursement amount.
(F) Verify compliance with subsection (b).
(2) Part 2--Construction Documents.
(i) The school entity must submit an application containing the following to the department pursuant to the requirements developed by the department:
(A) Evidence of the school entity's intent to award contracts.
(B) Materials required under section 701.1.
(C) Bid and construction documents for the project.
(D) Notice of the intent to award bids and bid outcome materials for the project.
(E) Confirmation of the project's compliance with the requirements of other agencies.
(F) The project's updated scheduled area floor plan.
(ii) To approve a school entity's application under this paragraph, the department shall:
(A) Review bid and construction documents for the project.
(B) Review the project's compliance with section 701.1.
(C) Confirm decisions of bids received for each bid event for the project.
(D) Approve the project's construction documents before contracts are signed as a condition of reimbursement.
(E) Confirm the project has complied with the requirements of other agencies.
(F) Review the project's updated scheduled area floor plan and the school entity's enrollment.
(G) Calculate the project's final reimbursement amount.
(3) Part 3--Project Bid Awards.
(i) The school entity must submit an application containing the following to the department pursuant to the requirements developed by the department:
(A) Evidence of the school board's approval of signed contracts.
(B) Contractor certifications for the project.
(C) Final bid tabulations for the project.
(D) An application for reimbursement for the project under section 2606-J.2
(ii) To approve a school entity's application under this paragraph and begin reimbursement to the school entity under section 2606-J, the department shall:
(A) Assess the project's cost accounting based on the actual bids.
(B) Review the project's compliance with subsection (b).
(C) Review the project's compliance with section 701.1.
(D) Review the project's application for reimbursement to the school entity under section 2606-J.
(4) Part 4--Project Completion.
(i) The school entity must submit an application containing the following to the department pursuant to the requirements developed by the department:
(A) Within one year of occupancy, an independent audit of the project that may correspond with the school entity's annual audit.
(B) Attestation of the project's compliance with section 701.1.
(ii) To approve a school entity's application under this paragraph, the department shall:
(A) Review the project's final costs pursuant to the independent audit.
(B) Review the project's compliance with section 701.1.
(b) Additions to and renovations of existing buildings.--Unless the secretary grants an exception, the department may not approve the following for school construction reimbursement:
(1) An addition to or renovation of an existing school building where a previous reimbursable construction project occurred at the school building within 20 years of the current application.
(2) Renovation of an existing school building if the cost of the addition or renovation is less than 20% of the replacement value of the entire building.
(c) Internet-based application.--The department shall develop an Internet-based application to comply with the provisions of this section and provide for school entities to submit required documents electronically via the Internet.
(d) (Reserved).
(e) Project information.--The department shall maintain the information submitted and reviewed under this section in an electronic format and make project information available electronically to the applicant school entity.
(f) (Reserved).

Credits

1949, March 10, P.L. 30, No. 14, art. XXVI-J, § 2602-J, added 2019, July 2, P.L. 417, No. 70, § 1.

Footnotes

24 P.S. § 7-701.1.
24 P.S. § 26-2606-J.
24 P.S. § 26-2602-J, PA ST 24 P.S. § 26-2602-J
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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