20-2-261. Common minimum facility requirements.

The State Board of Education shall establish common minimum facility requirements which each public school facility shall meet in order to be certified for use in any component of the educational or recreational program of such school. Such minimum requirements shall:#

1. (1)

   Include such provisions of law or state board policy on matters that relate to:#

   1. (A)

      Fire and physical safety;#

   2. (B)

      Sanitation and health, including temperature and ventilation;#

   3. (C)

      Minimum space, size, and configuration for the various components of the instructional program; and#

   4. (D)

      Construction stability, quality, and suitability for intended uses;#

2. (2)

   Not prohibit wood construction that is otherwise in compliance with state minimum standard codes as they existed on January 1, 2014; and#

3. (3)

   Provide that for each new elementary school constructed on or after July 1, 2027, which includes a playground, such playground shall meet the following design standards:#

   1. (A)

      Provides a sensory-diverse environment that enables children of all abilities to develop physically, socially, and emotionally;#

   2. (B)

      Provides an engaging play space with age and abilityappropriate levels of challenge and offers opportunities for children of all abilities to succeed, regardless of physical and intellectual attributes;#

   3. (C)

      Enables all students to benefit from state mandated recess time for elementary students;#

   4. (D)

      Capable for use as an outdoor classroom that is open to all students; and#

   5. (E)

      Meets the following minimum guidelines:#

      1. (i)

         Playground is accessible via a sidewalk or pathway from the school;#

      2. (ii)

         Playground is a minimum of 10,000 square feet in area;#

      3. (iii)

         Fencing surrounds and encloses the entire playground area;#

      4. (iv)

         A minimum of 20 percent of the total playground area shall be shaded; provided, however, that such shaded area may comprise more than one area so long as the total shaded area meets or exceeds 20 percent of the total playground area; and, provided, further, that such shading may be provided by natural means, such as existing mature trees, or man-made means, such as sun canopies;#

      5. (v)

         Unitary surfacing shall be used throughout at least 80 percent of the playground area. Examples of unitary surfacing include, but are not limited to, turf, bonded rubber, and poured in place rubber; and#

      6. (vi)

         Multiple components that are installed on a portion of the playground with the unitary surfacing and are accessible for all users that address the physical, sensory, cognitive, social, emotional, imaginative, and communication needs of those who will visit the playground, such as:#

         1. (I)

            Communication boards;#

         2. (II)

            Learning American Sign Language (ASL) alphabet panels;#

         3. (III)

            Learning Braille alphabet panels;#

         4. (IV)

            Roller slides;#

         5. (V)

            Pieces of equipment that make music, such as chimes, drums, and bells;#

         6. (VI)

            Adaptive or accessible swings;#

         7. (VII)

            Play pieces that are accessible to a child remaining in a wheelchair that allows such child to play with other children;#

         8. (VIII)

            Sensory panels;#

         9. (IX)

            Wheelchair accessible raised structures; and#

         10. (X)

             Wheelchair accessible slides.#

The State Board of Education shall adopt policies and procedures to ensure that each school facility meets minimum standards as determined by state board policy.#

A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the State Board of Education for review and approval. Further, the state board shall have the authority, in accordance with Code Section 20-2-243, to withhold all or part of the state funds in support of this part from any local unit of administration refusing or failing to implement the plan of action for deficiency remediation approved by the state board.#

A local board of education shall be exempt from county and municipal assessments and fees for county and municipal building permits and inspections and exempt from county and municipal impact fees.#