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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 67
(By Senators Tomblin, Mr. President, and Caruth,
By Request of the Executive)
____________
[Introduced January 11, 2007; referred to the Committee on
Education; and then to the Committee on Finance.]
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A BILL to amend and reenact §18-9D-15 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new article, designated §18-9F-1, §18-9F-2, §18-9F-3,
§18-9F-4, §18-9F-5, §18-9F-6 and §18-9F-7, all relating to
school access safety; declaring legislative intent;
authorizing the School Building Authority to facilitate and
provide funding for enhancing the safe ingress and egress of
pupils, school employees, parents, visitors and emergency
personnel to and from West Virginia public schools; defining
certain terms; providing for submission of school access
safety plans; providing for certain guidelines and procedures
by authority for plans, plan modifications and evaluating
projects; providing for allocation and distribution of moneys
to projects; creating a special account in the State Treasury;
and providing school access safety requirements for new school buildings.
Be it enacted by the Legislature of West Virginia:
That §18-9D-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new article, designated §18-9F-1, §18-9F-2, §18-9F-3,
§18-9F-4, §18-9F-5, §18-9F-6 and §18-9F-7, all to read as follows:
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-15. Legislative intent; allocation of money among
categories of projects; lease purchase options;
limitation on time period for expenditure of
project allocation; county maintenance budget
requirements; project disbursements over period of
years; preference for multicounty arrangements;
submission of project designs; set-aside to
encourage local participation; etc.
(a) It is the intent of the Legislature to empower the school
building authority to facilitate and provide state funds and to
administer all federal funds provided for the construction and
major improvement of school facilities so as to meet the
educational needs of the people of this state in an efficient and
economical manner. The authority shall make funding determinations
in accordance with the provisions of this article and shall assess
existing school facilities and each facility's school major
improvement plan in relation to the needs of the individual student, the general school population, the communities served by
the facilities and facility needs statewide.
(b) An amount that is no more than three percent of the sum of
moneys that are determined by the authority to be available for
distribution during the then current fiscal year from: (1) Moneys
paid into the School Building Capital Improvements Fund pursuant to
section ten, article nine-a of this chapter; (2) the issuance of
revenue bonds for which moneys in the School Building Debt Service
Fund are pledged as security; (3) moneys paid into the school
construction fund pursuant to section six of this article; and (4)
any other moneys received by the authority, except moneys paid into
the school major improvement fund pursuant to section six of this
article and moneys deposited into the School Access Safety Fund
pursuant to section five, article nine-f of this chapter, may be
allocated and may be expended by the authority for projects
authorized in accordance with the provisions of section sixteen of
this article that service the educational community statewide or,
upon application by the state board, for educational programs that
are under the jurisdiction of the state board. In addition, upon
application by the state board or the administrative council of an
area vocational educational center established pursuant to article
two-b of this chapter, the authority may allocate and expend under
this subsection moneys for school major improvement projects
authorized in accordance with the provisions of section sixteen of this article proposed by the state board or an administrative
council for school facilities under the direct supervision of the
state board or an administrative council, respectively.
Furthermore, upon application by a county board, the authority may
allocate and expend under this subsection moneys for school major
improvement projects for vocational programs at comprehensive high
schools, vocational schools cooperating with community and
technical college programs, or both. Each county board is
encouraged to cooperate with community and technical colleges in
the use of existing or development of new vocational technical
facilities. All projects eligible for funds from this subsection
shall be submitted directly to the authority which shall be solely
responsible for the project's evaluation: Provided, That the
authority may not expend any moneys for a school major improvement
project proposed by the state board or the administrative council
of an area vocational educational center unless the state board or
an administrative council has submitted a ten-year facilities plan:
Provided, however, That the authority shall, before allocating any
moneys to the state board or the administrative council of an area
vocational educational center for a school improvement project,
consider all other funding sources available for the project.
(c) An amount that is no more than two percent of the moneys
that are determined by the authority to be available for
distribution during the current fiscal year from: (1) Moneys paid into the school building capital improvements fund pursuant to
section ten, article nine-a of this chapter; (2) the issuance of
revenue bonds for which moneys in the school building debt service
fund are pledged as security; (3) moneys paid into the school
construction fund pursuant to section six of this article; and (4)
any other moneys received by the authority, except moneys deposited
into the school major improvement fund and moneys deposited into
the School Access Safety Fund pursuant to section five, article
nine-f of this chapter, shall be set aside by the authority as an
emergency fund to be distributed in accordance with the guidelines
adopted by the authority.
(d) An amount that is no more than five percent of the moneys
that are determined by the authority to be available for
distribution during the current fiscal year from: (1) Moneys paid
into the school building capital improvements fund pursuant to
section ten, article nine-a of this chapter; (2) the issuance of
revenue bonds for which moneys in the school building debt service
fund are pledged as security; (3) moneys paid into the school
construction fund pursuant to section six of this article; and (4)
any other moneys received by the authority, except moneys deposited
into the school major improvement fund and moneys deposited into
the School Access Safety Fund pursuant to section five, article
nine-f of this chapter, may be reserved by the authority for
multiuse vocational-technical education facilities projects that may include post-secondary programs as a first priority use. The
authority may allocate and expend under this subsection moneys for
any purposes authorized in this article on multiuse
vocational-technical education facilities projects, including
equipment and equipment updates at the facilities, authorized in
accordance with the provisions of section sixteen of this article.
If the projects approved under this subsection do not require the
full amount of moneys reserved, moneys above the amount required
may be allocated and expended in accordance with other provisions
of this article. A county board, the state board, an administrative
council or the joint administrative board of a vocational-technical
education facility which includes post-secondary programs may
propose projects for facilities or equipment, or both, which are
under the direct supervision of the respective body: Provided,
That the authority shall, before allocating any moneys for a
project under this subsection, consider all other funding sources
available for the project.
(e) The remaining moneys determined by the authority to be
available for distribution during the then current fiscal year
from: (1) Moneys paid into the school building capital
improvements fund pursuant to section ten, article nine-a of this
chapter; (2) the issuance of revenue bonds for which moneys in the
school building debt service fund are pledged as security; (3)
moneys paid into the school construction fund pursuant to section six of this article; and (4) any other moneys received by the
authority, except moneys deposited into the school major
improvement fund and moneys deposited into the School Access Safety
Fund pursuant to section five, article nine-f of this chapter,
shall be allocated and expended on the basis of need and efficient
use of resources for projects funded in accordance with the
provisions of section sixteen of this article.
(f) If a county board of education proposes to finance a
project that is authorized in accordance with section sixteen of
this article through a lease with an option to purchase leased
premises upon the expiration of the total lease period pursuant to
an investment contract, the authority may allocate no moneys to the
county board in connection with the project: Provided, That the
authority may transfer moneys to the State Board of Education
which, with the authority, shall lend the amount transferred to the
county board to be used only for a one-time payment due at the
beginning of the lease term, made for the purpose of reducing
annual lease payments under the investment contract, subject to the
following conditions:
(1) The loan shall be secured in the manner required by the
authority, in consultation with the state board, and shall be
repaid in a period and bear interest at a rate as determined by the
state board and the authority and shall have any terms and
conditions that are required by the authority, all of which shall be set forth in a loan agreement among the authority, the state
board and the county board;
(2) The loan agreement shall provide for the state board and
the authority to defer the payment of principal and interest upon
any loan made to the county board during the term of the investment
contract, and annual renewals of the investment contract, among the
state board, the authority, the county board and a lessor:
Provided, That in the event a county board which has received a
loan from the authority for a one-time payment at the beginning of
the lease term does not renew the subject lease annually until
performance of the investment contract in its entirety is
completed, the county board is in default and the principal of the
loan, together with all unpaid interest accrued to the date of the
default, shall, at the option of the authority, in consultation
with the state board, become due and payable immediately or subject
to renegotiation among the state board, the authority and the
county board: Provided, however, That if a county board renews the
lease annually through the performance of the investment contract
in its entirety, the county board shall exercise its option to
purchase the leased premises: Provided further, That the failure
of the county board to make a scheduled payment pursuant to the
investment contract constitutes an event of default under the loan
agreement: And provided further, That upon a default by a county
board, the principal of the loan, together with all unpaid interest accrued to the date of the default, shall, at the option of the
authority, in consultation with the state board, become due and
payable immediately or subject to renegotiation among the state
board, the authority and the county board: And provided further,
That if the loan becomes due and payable immediately, the
authority, in consultation with the state board, shall use all
means available under the loan agreement and law to collect the
outstanding principal balance of the loan, together with all unpaid
interest accrued to the date of payment of the outstanding
principal balance; and
(3) The loan agreement shall provide for the state board and
the authority to forgive all principal and interest of the loan
upon the county board purchasing the leased premises pursuant to
the investment contract and performance of the investment contract
in its entirety.
(g) To encourage county boards to proceed promptly with
facilities planning and to prepare for the expenditure of any state
moneys derived from the sources described in this section, any
county board or other entity to whom moneys are allocated by the
authority that fails to expend the money within three years of the
allocation shall forfeit the allocation and thereafter is
ineligible for further allocations pursuant to this section until
it is ready to expend funds in accordance with an approved
facilities plan: Provided, That the authority may authorize an extension beyond the three-year forfeiture period not to exceed an
additional two years. Any amount forfeited shall be added to the
total funds available in the school construction fund of the
authority for future allocation and distribution. Funds may not be
distributed for any project under this article unless the
responsible entity has a facilities plan approved by the state
board and the school building authority and is prepared to commence
expenditure of the funds during the fiscal year in which the moneys
are distributed.
(h) The remaining moneys that are determined by the authority
to be available for distribution during the then current fiscal
year from moneys paid into the school major improvement fund
pursuant to section six of this article shall be allocated and
distributed on the basis of need and efficient use of resources for
projects authorized in accordance with the provisions of section
sixteen of this article: Provided, That the moneys may not be
distributed for any project under this section unless the
responsible entity has a facilities plan approved by the state
board and the authority and is to commence expenditures of the
funds during the fiscal year in which the moneys are distributed:
Provided, however, That any moneys allocated to a project and not
distributed for that project shall be deposited in an account to
the credit of the project, the principal amount to remain to the
credit of and available to the project for a period of two years. Any moneys which are unexpended after a two-year period shall be
redistributed on the basis of need from the school major
improvement fund in that fiscal year.
(i) No local matching funds may be required under the
provisions of this section. However, the responsibilities of the
county boards of education to maintain school facilities are not
negated by the provisions of this article. To be eligible to
receive an allocation of school major improvement funds from the
authority, a county board must have expended in the previous fiscal
year an amount of county moneys equal to or exceeding the lowest
average amount of money included in the county board's maintenance
budget over any three of the previous five years and must have
budgeted an amount equal to or greater than the average in the
current fiscal year: Provided, That the state board shall
promulgate rules relating to county boards' maintenance budgets,
including items which shall be included in the budgets.
(j) Any county board may use moneys provided by the authority
under this article in conjunction with local funds derived from
bonding, special levy or other sources. Distribution to a county
board, or to the state board or the administrative council of an
area vocational educational center pursuant to subsection (b) of
this section, may be in a lump sum or in accordance with a schedule
of payments adopted by the authority pursuant to guidelines adopted
by the authority.
(k) Funds in the school construction fund shall first be
transferred and expended as follows:
Any funds deposited in the school construction fund shall be
expended first in accordance with an appropriation by the
Legislature. To the extent that funds are available in the school
construction fund in excess of that amount appropriated in any
fiscal year, the excess funds may be expended for projects
authorized in accordance with the provisions of section sixteen of
this article. Any projects which the authority identified and
announced for funding on or before the first day of August, one
thousand nine hundred ninety-five, or identified and announced for
funding on or before the thirty-first day of December, one thousand
nine hundred ninety-five, shall be funded by the authority in an
amount which is not less than the amount specified when the project
was identified and announced.
(l) It is the intent of the Legislature to encourage county
boards to explore and consider arrangements with other counties
that may facilitate the highest and best use of all available
funds, which may result in improved transportation arrangements for
students or which otherwise may create efficiencies for county
boards and the students. In order to address the intent of the
Legislature contained in this subsection, the authority shall grant
preference to those projects which involve multicounty arrangements
as the authority shall determine reasonable and proper.
(m) County boards shall submit all designs for construction of
new school buildings to the school building authority for review
and approval prior to preparation of final bid documents:
Provided, That a vendor who has been debarred pursuant to the
provisions of sections thirty-three-a through thirty-three-f,
inclusive, article three, chapter five-a of this code, may not bid
on or be awarded a contract under this section.
(n) The authority may elect to disburse funds for approved
construction projects over a period of more than one year subject
to the following:
(1) The authority may not approve the funding of a school
construction project over a period of more than three years;
(2) The authority may not approve the use of more than fifty
percent of the revenue available for distribution in any given
fiscal year for projects that are to be funded over a period of
more than one year; and
(3) In order to encourage local participation in funding
school construction projects, the authority may set aside limited
funding, not to exceed five hundred thousand dollars, in reserve
for one additional year to provide a county the opportunity to
complete financial planning for a project prior to the allocation
of construction funds. Any funding shall be on a reserve basis and
converted to a part of the construction grant only after all
project budget funds have been secured and all county commitments have been fulfilled. Failure of the county to solidify the project
budget and meet its obligations to the state within eighteen months
of the date the funding is set aside by the authority will result
in expiration of the reserve and the funds shall be reallocated by
the authority in the succeeding funding cycle.
ARTICLE 9F. SCHOOL ACCESS SAFETY ACT.
§18-9F-1. Legislative findings; purposes and intent.
(a) The Legislature hereby finds and declares:
(1) That the establishment and maintenance of safe and secure
schools is critical to foster a healthy learning environment and
maximize student achievement;
(2) That all school facilities in the state should be
designed, constructed, furnished, and maintained in a manner that
enhances a healthy learning environment and provides necessary
safeguards for the health, safety, and security of persons who
enter and use the facility;
(3) That adequate safeguards for the ingress and egress of
pupils, school employees, parents, visitors, and emergency
personnel to and from school facilities are critical to the overall
safety of the public schools of this state;
(4) That safety upgrades to the means of ingress and egress
for pupils, school employees, parents, visitors, and emergency
personnel to and from school facilities must be part of a
comprehensive analysis of overall school safety issues that takes into consideration the input of local law-enforcement agencies,
local emergency services agencies, community leaders, parents,
pupils, teachers, administrators, and other school employees
interested in the prevention of school crime and violence.
(b) It is the intent of the Legislature to empower the School
Building Authority to facilitate and provide state funds for the
design, construction, renovation, repair, and upgrading of
facilities so as to enhance school access safety and improve the
secure ingress and egress of pupils, school employees, parents,
visitors, and emergency personnel to and from school facilities.
§18-9F-2. Definitions.
The following terms, wherever used or referred to in this
article, have the following meanings, unless a different meaning
clearly appears from the context:
(1) "Authority" means the School Building Authority of West
Virginia, or if said authority shall be abolished, any board or
officer succeeding to the principal functions thereof, or to whom
the powers given to said authority shall be given by law;
(2) "Project Cost" means the cost of design, construction,
renovation, repair and safety upgrading of a school's means of
ingress and egress; the cost of equipment, machinery, installation
of utilities and other similar items necessary in connection with
placing the foregoing into operation; and all other charges
necessary, appurtenant, or incidental to the foregoing, including the cost of administration of this article;
(3) "School Access Safety Plan" means the comprehensive
county-wide school access safety plan that: (i) Is prepared by
each county board of education seeking funding under this article
and incorporated in its comprehensive educational facilities plan
in accordance with guidelines established by the authority; (ii)
addresses the access safety needs for all school facilities in the
county; (iii) includes a projected school access safety repair and
renovation schedule for all school facilities of the county; and
(iv) is required prior to the distribution of state funds for a
school access safety project pursuant to this article; and
(4) "School Access Safety Project" or "project" means a
project administered in accordance with the provisions of this
article.
§18-9F-3. Authority to establish guidelines and procedures for
school access safety plans; guidelines for
modifications and updates, etc.; guidelines for
project evaluation; on-site inspection of facilities.
(a) The authority shall establish guidelines and procedures
for the school access safety plans and school access safety
projects submitted in the furtherance of the plans that address,
but are not limited to, the following:
(1) All of the necessary elements of the school access safety
plan required in accordance with the provisions of section four of this article;
(2) The manner, time line and process for the submission of
each school access safety plan and annual plan updates to the
authority, including guidelines for the modification,
supplementation, or other changes or additions to an approved
school access safety plan;
(3) Any project specifications and maintenance specifications
considered appropriate by the authority;
(4) Procedures for a county board to submit a preliminary
plan, a plan outline, or a proposal for a plan to the authority
prior to the submission of the school access safety 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 the authority, which shall be held promptly following
submission of the preliminary plan, plan outline, or proposal for
a plan to assure understanding of the general goals of this
article, to discuss ways the plan may be structured to meet those
goals, and to assure efficiency and productivity in the approval
process; and
(5) Procedures for notifying county boards of education of the
amount available for allocation and distribution during each fiscal
year in accordance with the provisions of section six of this
article.
(b) The authority shall establish guidelines and procedures for evaluating school access safety plans and school access safety
projects under said plans that are submitted to the authority that
address, but are not limited to, the following:
(1) Whether any proposed school access safety project is in
furtherance of the school access safety plan and in compliance with
the guidelines established by the authority;
(2) How the school access safety plan and any school access
safety project under
said plan will assure the prudent and
resourceful expenditure of state funds
and achieve the purposes of
this article;
(3) Whether the school access safety plan and school access
safety projects submitted under the plan advance student health and
safety needs including, but not limited to, critical health and
safety needs; and
(4) Regularly scheduled preventive maintenance.
(c) The authority shall establish guidelines and procedures
for the allocation and distribution of funds in accordance with
section six of this article, subject to the availability of funds.
(d) The state department of education shall conduct, in
cooperation with the authority, on-site inspections, at least
annually, of all facilities that have received moneys from the
authority pursuant to this article to ensure compliance with the
county board's school access safety plan as related to the
facilities. The inspections shall be conducted in accordance with the provisions of the state department of education's handbook on
planning school facilities. The state department of education
shall submit reports regarding its on-site inspections of
facilities to the authority within thirty days of completion of the
on-site inspections.
§18-9F-4. School Access Safety Plan.
(a) To facilitate the goals of this article and to assure the
prudent and resourceful expenditure of state funds, each county
board of education seeking funding for school access safety
projects during the then fiscal year shall submit a school access
safety plan or an annual plan update to the authority that
addresses the school access safety needs of each school facility in
the county: Provided, That in developing its plan, the county
board shall consult with the county-wide council on productive and
safe schools, in accordance with the provisions of this section and
section forty-two, article five of this chapter.
(b) The school access safety plan shall include, but not be
limited, to the following:
(1) A county-wide inventory of each school facility's means of
ingress and egress for pupils, school employees, parents, visitors
and emergency personnel to and from the facility, including, but
not limited to, an inventory of the following:
(A) The number of controlled points of ingress to the school
facility;
(B) The number and placement of exterior doors;
(C) The use of monitoring systems on exterior doors;
(D) The use of timed, magnetic, or other locks on exterior
doors;
(E) The use of two-way communication systems between points of
ingress and school personnel;
(F) The use of functional panic or other alarm hardware on
exterior doors; and
(G) The use of remote visitor access systems on points of
ingress;
(2) The recommendations and guidelines developed by the
county-wide council on productive and safe schools pursuant to
section forty-two, article five of this chapter, together with the
county board's assessment of said recommendations and guidelines;
(3) Recommendations for the effective communication and
coordination between school facilities, local law-enforcement
agencies, and local emergency services agencies in the county;
(4) An assessment of the current status of school crime
committed on school campuses and at school-related functions;
(5) A projected school access safety repair and renovation
schedule for all school facilities of the county;
(6) A list of prioritization of each project contained in the
plan, including the project cost of each project. In prioritizing
the projects, the county board shall make determinations in accordance with the guidelines adopted by the authority. The
priority list is one of the criteria that shall be considered by
the authority in deciding whether to approve the plan;
(7) An evaluation of how the plan addresses the goals of this
article and any guidelines adopted by the authority under this
article, and how each project is in furtherance of the county
board's school access safety plan, as well the county board's
facilities plan and school major improvement plan, as applicable;
(8) Notation of the amount available for allocation and
distribution to the county board, as determined by the authority in
accordance with the provisions of subsection (b), section six of
this article;
(9) A description of the source or sources of local funds that
the county board intends to contribute to the funding of school
access safety projects contained in the plan to satisfy the local
contribution requirements of subsection (d), section six of this
article; and
(10) Any other element, including any project specifications
and maintenance specifications considered appropriate by the
authority, required by the guidelines established by the authority
in accordance with the provisions of section three of this article.
§18-9F-5. School Access Safety Fund.
(a) There is hereby established in the State Treasury a
special account to be designated as the "School Access Safety Fund."
(b) All funds accruing to the authority pursuant to the
provisions of this article shall be deposited into the fund and
expended in accordance with provisions of this article.
(c) Any remaining balance, including accrued interest, in the
fund at the end of the fiscal year shall not revert to the general
revenue fund, but shall remain in the account.
(d) The authority is authorized to transfer moneys from the
fund to custodial accounts maintained by the authority with a state
financial institution, as necessary to the performance of any
contracts executed by the authority in accordance with the
provisions of this article.
§18-9F-6. Allocation and distribution of moneys; eligibility for
funding.
(a) On or before the first day of May of each year, the
authority shall determine the amount of moneys available for
allocation and distribution during the then fiscal year from moneys
in the School Access Safety Fund created by section five of this
article.
(b) Based upon the amount of moneys available for allocation
and distribution in accordance with subsection (a) of this section,
the authority shall determine a per-pupil net enrollment amount
based on the total net enrollment in public schools for the state
as a whole. Funding shall then be allocated to county boards of education on a per-pupil basis as determined by the net enrollment
of the county, as that term is defined in section two, article
nine-a of this chapter.
(c) Upon determining the amount available for allocation and
distribution to each county board of education pursuant to
subsection (b) of this section, the authority shall promptly notify
each county board of education in writing of said amount.
(d) To be eligible to receive an allocation and distribution
of state moneys pursuant to this article, a county board of
education shall contribute local funds derived from bonding,
special levy or other identified sources to the funding of the
school access safety projects contained in the county board's
school access safety plan. The county board's contribution of
local funds shall be in an amount equal to or exceeding twenty-five
percent of the moneys available to the county board in accordance
with the provisions of subsection (b) of this section.
(e) No moneys may be distributed to any county board of
education under this section unless the county board has a school
access safety plan approved by the authority and is prepared to
commence expenditure of the funds during the fiscal year in which
the moneys are distributed.
(f) Distribution to a county board may be in a lump sum or in
accordance with a schedule of payments adopted by the authority
pursuant to guidelines adopted by the authority.
(g) To encourage county boards to proceed promptly with school
access safety planning and to prepare for the expenditure of any
state moneys derived from the source described in this article, any
county board failing to expend money within one year of the
allocation to the county board shall forfeit the allocation and
thereafter be ineligible for further allocations pursuant to this
article, until the county board is ready to expend funds in
accordance with an approved school access safety plan: Provided,
That the authority may authorize an extension beyond the one-year
forfeiture period not to exceed an additional six months. Any
amount forfeited shall be added to the total funds available in the
School Access Safety Fund of the authority for future allocation
and distribution.
§18-9F-7. School access safety requirements for new schools.
(a) For purposes of this section, "new school building" means
any public school in the state for which design and construction
begin after the first day of July, two thousand seven for the
education of students in grades kindergarten through twelfth.
(b) In an effort to enhance school access safety, and
notwithstanding any other provision of this code to the contrary,
any new school building designed and constructed in the state by a
county board with any funds from the authority shall be designed
and constructed in compliance with school access safety guidelines
established by the authority.
(c) The authority shall promulgate rules, pursuant to article
three-a, chapter twenty-nine-a of this code that establish
standards for school access safety in public school buildings.
These rules shall include the requirement that county boards submit
all new school designs to the authority for review and approval for
compliance with this section prior to the preparation of final bid
documents.
NOTE: The purpose of this bill is to enhance school access
safety and to authorize the School Building Authority to facilitate
and fund enhancements to means of ingress and egress of pupils,
school employees, parents, visitors, and emergency personnel to and
from public school facilities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§18-9F is new; therefore, strike-throughs and underscoring
have been omitted.