6.27.31 NMAC

TITLE 6 PRIMARY AND SECONDARY EDUCATION

CHAPTER 27 PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL

PART 31 SPECIAL PURPOSE SCHOOLS EDUCATIONAL FACILITY ADEQUACY STANDARDS

6.27.31.1 ISSUING AGENCY. Public School Capital Outlay Council

[6.27.31.1 NMAC - N, 09/14/12]

6.27.31.2 SCOPE. The purpose of this rule is to provide statewide adequacy standards for special purpose school buildings and grounds. The application of these standards shall be limited to space and attributes needed to support educational and technology programs and curricula, including the expanded core curriculum, student housing and related services, and that is sustainable within the operational budget for staffing, maintenance, and full utilizations of the facilities. The New Mexico special purpose schools facilities adequacy standards are dynamic and the council plans to review them as necessary, and change them as time and circumstances require. These standards are intended for use in the evaluation of existing special purpose school facilities and are not intended to limit the flexibility of design solutions for new construction and renovation projects. A companion document is the New Mexico special purpose schools adequacy planning guide, provided by the state for use in the programming and design of school projects to meet adequacy. The New Mexico special purpose school adequacy planning guide is incorporated by reference into these standards, and may be amended by the council with adequate notice and input from the public.

[6.27.31.2 NMAC - N, 09/14/12]

6.27.31.3 STATUTORY AUTHORITY. The Public School Capital Outlay Act, Section 22-24-5 NMSA 1978.

[6.27.31.3 NMAC - N, 09/14/12]

6.27.31.4 DURATION. Permanent

[6.27.31.4 NMAC - N, 09/14/12]

6.27.31.5 EFFECTIVE DATE. September 14, 2012

[6.27.31.5 NMAC - N, 09/14/12]

6.27.31.6 OBJECTIVES. The New Mexico special purpose school adequacy standards establish the acceptable levels for the physical condition and capacity of school buildings, the educational suitability of those facilities and the need for technological infrastructure at those facilities. The standards are not intended to restrict a facility's size.

[6.27.31.6 NMAC - N, 09/14/12]

6.27.31.7 DEFINITIONS. Unless otherwise specified, the following definitions apply:

A. “art education program” includes visual and performing arts programs;

B. “combination school” means a school that contains the elementary, middle school/junior high school and high school or any combination thereof;

C. “council” means the public school capital outlay council;

D. “equipment” means a specified item not affixed to the real property of a special purpose school facility;

E. “expanded core curriculum” means a curriculum that recognizes experiences and concepts students without visual or auditory impairments learn casually and incidentally must be systematically and sequentially taught to students with visual and auditory impairments;

F. “exterior envelope” means the exterior walls, floor and roof of a building;

G. “fixture” means a specified item that is affixed to the real property of a special purpose school facility;

H. “general use classroom” means a classroom space that is or can be appropriately configured for instruction in at least the areas of language arts, mathematics and social studies;

I. “gross sf” means a measurement from exterior wall to exterior wall and calculated to obtain the gross square footage of a space;

J. “infrastructure” means the on-site physical support systems needed for the operation of the school, including internal roads, and utilities, and drainage systems, and building subsystems such as structure, mechanical, electrical, data, and telecommunications;

K. “intensive support space” means a space to accommodate programs serving students with severe or multiple handicaps and primarily in need of habilitation and treatment, while requiring a staff person for

small groups of students within the class;

L. “interior finish” means an aesthetic or protective final coating or fabric applied to an exposed surface inside the building;

M. “interior surface” means any exposed area of the interior enclosure for an interior space, finished or unfinished;

N. “net sf” means a measurement from interior face of wall to interior face of wall and calculated to obtain the net square footage of a space;

O. “planned school program capacity” means the planned number of students to be accommodated in the entire facility when all phases of construction are fully completed; these shall include students in regular education classes in combination with special education students requiring special education classrooms in compliance with public education department requirements;

P. “resident” means a student who lives in residential housing while attending a special purpose school;

Q. “residential housing” means the space provided at a special purpose school for students to sleep, perform personal hygiene activities, study, socialize, engage in structured and unstructured recreational activities, prepare meals and dine, and to engage in other activities that a student attending a non-residential school might otherwise engage in outside of the traditional school day;

R. “space” means the net square footage located within the interior of a building;

S. “special purpose school facility” means a building or group of buildings and outdoor area that are administered together to comprise a special purpose school;

T. “special purpose school site or special purpose school campus” means one or more parcels of land where a special purpose school facility is located; more than one school facility may be located on a school site or school campus;

U. “special purpose schools” means the New Mexico school for the deaf (NMSD) and the New Mexico school for the blind and visually impaired (NMSBVI);

V. “specialty classroom” means a classroom space that is or can be appropriately configured for instruction in a specific subject such as science, physical education, special education or art;

W. “specialty program capacity” means the planned number of students to be accommodated in a specialty program area in compliance with public education department requirements;

X. “students” means the total enrollment of students on the current roll of a class or special purpose school on a specified day; and

Y. “teacherage” means a residence that houses a teacher or administrator on site.

[6.27.31.7 NMAC - N, 09/14/12]

6.27.31.8 General Requirements. These standards are not intended to supersede or omit compliance with applicable building and fire code or any other code, regulation, law or standard that has been adopted by state agencies.

A. Building condition. A special purpose school facility must be safe and capable of being maintained.

(1) Structural. A special purpose school facility must be structurally sound. A special purpose school facility shall be considered structurally sound and safe if the building presents no imminent danger or major visible signs of decay or distress.

(2) Exterior envelope. An exterior envelope is safe and capable of being maintained if:

(a) walls and roof are weather tight under normal conditions with routine upkeep; and

(b) doors and windows are weather tight under normal conditions with routine upkeep, and the building structural systems support the loads imposed on them.

(3) Interior surfaces. An interior surface is safe and capable of being maintained if it is:

(a) structurally sound;

(b) capable of supporting a finish; and

(4) Interior finishes. An interior finish is safe and capable of being maintained if it is:

(a) free of exposed lead paint;

(b) free of friable asbestos; and

B. Building systems. Building systems in a special purpose school facility must be in working order and capable of being properly maintained. Building systems include roof, plumbing, telephone, electrical and heating and cooling systems as well as fire alarm, 2-way internal communication, appropriate technological infrastructure and security systems.

(1) General. A building system shall be considered to be in working order and capable of being maintained if all of the following apply:

(a) The system is capable of being operated as intended and maintained.

(b) Newly manufactured or refurbished replacement parts are available.

(d) Components of the system present no imminent danger of personal injury.

(2) Plumbing fixtures. A special purpose school facility shall be equipped with sanitary facilities in accordance with the New Mexico building code. Fixtures shall include, but are not limited to, water closets, urinals, lavatories and drinking fountains. In all new construction, restrooms shall be available so students will not have to exit the building. In existing facilities, restrooms shall be available for classrooms for grades 5 and below, and special needs classrooms, without having to exit the building, wherever possible within reasonable cost constraints.

(3) Fire alarm and emergency notification system. A special purpose school facility shall have a fire alarm and emergency notification system as required by applicable state fire codes and appropriate emergency procedures.

(4) 2-way communication system. A special purpose school facility shall have a 2-way internal communication system between a central location and each classroom, isolated office space, library, physical education space, cafeteria, and other regularly-used spaces.

[6.27.31.8 NMAC - N, 09/14/12]

6.27.31.9 Classification of SPECIAL PURPOSE Schools. The classifications for special purpose schools school grade levels under these standards are:

A. Preschool

B. Elementary school: kindergarten - grade 6

C. Middle school/junior high school: grades 7 - 8

D. High school: grades 9 - 12

E. Combination school: includes some or all of the grade levels in A, B, C or D, above.

[6.27.31.9 NMAC - N, 09/14/12]

6.27.31.10 SPECIAL PURPOSE School Site. A special purpose school site shall be of sufficient size to accommodate safe access, parking, drainage and security. Additionally, the site shall be provided with an adequate source of water and appropriate means of effluent disposal.

A. Safe access. A special purpose school site shall be configured for safe and controlled access that separates pedestrian from vehicular traffic. If buses are used to transport students then separate bus loading/unloading areas shall be provided wherever possible. Dedicated student drop-off and pickup areas shall be provided for safe use by student passengers arriving or departing by automobile.

B. Parking. A special purpose school site shall include a maintainable surfaced area that is stable, firm and slip resistant and is large enough to accommodate 1.5 parking spaces /staff full time equivalent employee and sufficient space to accommodate demonstrated need for student parking. If this standard is not met, alternative parking may be approved after the sufficiency of parking at the site is reviewed by the council using the following criteria:

(1) availability of street parking around the school;

(2) availability of any nearby parking lots;

(3) availability of public transit;

(4) number of staff who drive to work on a daily basis; and

(5) average number of visitors on a daily basis.

C. Drainage. A special purpose school site shall be configured such that runoff does not undermine the structural integrity of the school buildings located on the site or create flooding, ponding or erosion resulting in a threat to health, safety or welfare.

D. Security.

(1) All special purpose schools shall have safe and secure site fencing or other barriers with accommodations for safe passage through openings to protect students from the hazards of traffic, railroad tracks, steep slopes, animal nuisance, and to discourage unauthorized access to the campus. This standard is met if the entire school is fenced or walled. If this standard is not met, alternative security may be approved after the sufficiency of security at the site is reviewed by the council using the following criteria:

(a) amount of vehicular traffic near the school site;

(b) existence of hazardous or natural barriers on or near the school site;

(d) visibility of the play/physical education area; and

(e) site lighting, as required to meet safe, normal access conditions.

(2) For special purpose schools which include students below grade 6, a fenced or walled play/physical education area shall be provided.

[6.27.31.10 NMAC - N, 09/14/12]

6.27.31.11 Site Recreation and Outdoor Physical Education. A special purpose school facility shall have area, space and fixtures, in accordance with the equipment necessary to meet the educational requirements of the public education department, for physical education activity and shall be provided based on the planned school program capacity.

A. Preschool. Safe play area(s) shall be conveniently accessible to students.

B. Elementary school. Safe play area(s) and playground(s) including hard surfaced court(s) or unpaved recreation area(s) shall be conveniently accessible to the students. Play area(s) and appropriate equipment for physical education and school recreational purposes shall be provided based on the planned school program capacity.

C. Middle school/junior high school. Hard surfaced court(s) and playing field(s) for physical education activities shall be provided. Playing field(s) and equipment shall be based on the planned school program capacity.

D. High school. A paved multipurpose play surface and a playing field for physical education activities shall be provided. Playing fields and equipment shall be based on the planned school program capacity.

E. Combination school. A combination school shall provide the elements of the grades served by Subsections A, B, C and D above without duplication, but shall meet the highest standard.

[6.27.31.11 NMAC - N, 09/14/12]

6.27.31.12 Academic Classrooms. All classroom space shall meet or exceed the requirements listed below:

A. Classroom space. Classroom space shall be sufficient for appropriate educational programs for the class level needs.

B. Classroom fixtures and equipment

(1) Each general and specialty classroom shall contain a work surface and seat for each student in the classroom. The work surface and seat shall be appropriate for the normal activity of the class conducted in the room.

(2) Each general and specialty classroom shall have an erasable surface and a surface suitable for projection purposes, appropriate for group classroom instruction, and a display surface. A single surface may meet one or more of these purposes.

(3) Each general and specialty classroom shall have storage for classroom materials or access to conveniently located storage.

(4) Each general and specialty classroom shall have a work surface and seat for the teacher and for the aide assigned to the classroom, and it shall have secure storage for student records that is located in the classroom or is convenient to access from the classroom.

C. Classroom lighting

(1) Each general and specialty classroom shall have a light system capable of maintaining at least 50 foot-candles of well-distributed light. Provide appropriate task lighting in specialty classrooms where enhanced visibility is required.

(2) The light level shall be measured at a work surface located in the approximate center of the classroom, between clean light fixtures.

D. Classroom temperature

(1) Each general and specialty classroom shall have a heating, ventilation and air conditioning (HVAC) system capable of maintaining a temperature between 68 and 75 degrees fahrenheit with full occupancy.

(2) The temperature shall be measured at a work surface in the approximate center of the classroom.

E. Classroom acoustics

(1) Each general and specialty classroom shall be maintainable at a sustained background sound level of less than 55 decibels.

(2) The sound level shall be measured at a work surface in the approximate center of the classroom.

F. Classroom air quality

(1) Each general, science and arts classroom shall have an HVAC system that continually moves air and is capable of maintaining a CO₂ level of not more than 1,200 parts per million.

(2) The air quality shall be measured at a work surface in the approximate center of the classroom.

[6.27.31.12 NMAC - N, 09/14/12]

6.27.31.13 General Use Classrooms (Language Arts, Mathematics and Social Studies).

A. Cumulative classroom net square foot (sf) requirements, including in-classroom storage space, shall be at least:

(1) NMSD preschool 110 net sf/student, but not less than 450 net sf.

(2) NMSD elementary 80 net sf/student, but not less than 450 net sf.

(3) NMSD middle/high school 75 net sf/student, but not less than 450 net sf.

(4) NMSBVI preschool 110 net sf/student, but not less than 450 net sf.

(5) NMSBVI elementary 90 net sf/student, but not less than 450 net sf.

(6) NMSBVI middle/high school 85 net sf/student, but not less than 450 net sf.

(7) Based on demonstrated need, minimum classroom sizes listed in (1) through (6) shall not preclude individual or small group instruction spaces that are smaller.

B. Sufficient number of classrooms shall be provided to meet the special purpose school’s student/staff ratio requirements and to accommodate at least eight students per classroom, unless otherwise stated in this standard.

[6.27.31.13 NMAC - N, 09/14/12]

6.27.31.14 Specialty Classrooms.

A. Science:

(1) For elementary schools, no additional space is required beyond the classroom requirement. This space is included in the academic classroom requirement and may be used for other instruction.

(2) For middle school and high school:

(a) NMSD science classroom. At least 12.5 net sf/student, but not less than 900 net sf. The space shall have science fixtures and equipment necessary to meet the educational requirements of the special purpose school.

(b) NMSBVI science classroom. At least 13 net sf/student, but not less than 900 net sf. The space shall have science fixtures and equipment, necessary to meet the educational requirements of the special purpose school.

(3) If an alternate science learning method is used by a special purpose school, the school shall verify the appropriate alternate fixtures and equipment to the council. Provide at least 80 net sf for securable, well-ventilated storage/prep space for each science room having science fixtures and equipment. Storage/prep room(s) may be combined and shared between more than one classroom.

B. Intensive support classroom. If an intensive support education space is provided and the space is required to support educational programs, services, and curricula, the space shall be at least 150 net sf/student occupant, but not less than 450 net sf. When the need is demonstrated additional space in the classroom shall be provided with, or students shall have an accessible route to; an accessible unisex restroom with one toilet, sink, washer/dryer and shower stall/tub, and at least 15 net sf of storage. When the need is demonstrated in 7^th grade classrooms and above, a kitchenette with at least 15 net sf of storage shall be provided.

C. Art education programs. A special purpose school facility shall have classroom space to deliver art education programs, including dance, music, theatre/drama, and visual arts in accordance with the school’s educational program, or have access to an alternate learning method. Classroom space(s) for art education shall not be smaller 650 net sf. Art education classroom space(s) may be included in the academic classroom requirement and may be used for other instruction.

(1) Elementary school. Art education programs may be accommodated within a general use or dedicated art classroom. A special purpose elementary school art program shall not be less than 5 net sf/elementary school student.

(2) NMSD middle school/high school art education program shall not be less than 10 net sf/middle or high school student.

(3) NMSBVI art education program shall not be less than 12.5 net sf/middle or high school student.

D. Expanded core curriculum. Space shall be provided that may include classrooms, industrial, or other types of spaces to support the expanded core curriculum, or access to alternative learning methods shall be provided.

(1) The NMSD expanded core program space shall not be less than 3,000 net sf plus 18 net sf/student in grades 7 through 12.

(2) The NMSBVI expanded core program space shall not be at less than 3,500 net sf plus 22 net sf/student in grades 1 through 12.

(3) Combination school. A combination school shall provide the elements of the grades served by Paragraphs (1) and (2) above without duplication, but meeting the higher standards.

E. Technology-aided instruction. A special purpose school facility shall have space to deliver educational technology-aided instructional programs or have access to an alternate learning method. This requirement may be distributed throughout other program spaces within the facility.

(1) NMSD. Provide space that meets 8 net sf/student of the planned school program capacity, with not less than 650 net sf.

(2) NMSBVI. Provide space that meets 7.5 net sf/student of the planned school program capacity, with not less than 650 net sf.

(3) Combination school. A combination school shall provide the elements of the grades served by Paragraphs (1) and (2) above without duplication, but meeting the higher standards.

F. Alternate delivery method. If an alternate delivery method is used by a special purpose school for instruction, the space used for the alternate method may be approved following review by the council.

[6.27.31.14 NMAC - N, 09/14/12]

6.27.31.15 Physical Education.

A. General requirements. A special purpose school facility shall have an area, space and fixtures for physical education activity. This space may have more than one function and may fulfill more than one standard requirement.

(1) Elementary school. Provide an indoor physical education teaching facility with at least 2,400 net sf. This space may have multi-purpose use in accommodating other educational program activities such as art program performances.

(2) Middle school/junior high school. For a middle school/junior high school facility, an indoor physical education teaching facility that shall not be less than 5,200 net sf plus bleachers for 1.5 design capacity.

(3) High school. A physical education complex shall not be less than 6,500 net sf plus bleachers for 1.5 design capacity.

(4) Combination school. Provide the elements of the grades served by Paragraphs (1), (2) and (3) above without duplication, but meeting the higher net sf standards with bleacher capacity for at least 2.0-planned school program capacity. A single high school gymnasium shall fulfill the minimum requirements of both high school and middle school/junior high school classes. If the special purpose school includes an elementary, then it shall provide in addition the separate space required for an elementary school. This space may have more than one function and may fulfill more than one standard requirement.

B. Additional physical education requirements. In addition to space requirements in Subsection A:

(1) Elementary school. One office shall be provided, with physical education equipment storage with not less than 200 net sf. This space may have more than one function and may fulfill more than one standard requirement.

(2) Middle school/junior high school. Physical education equipment storage space shall be provided. Two dressing rooms shall be provided, with lockers, showers and restroom fixtures. Two offices shall be provided, each with not less than 150 net sf. Each shall be provided with a telephone.

(3) High school. Physical education equipment storage space shall be provided. Two dressing rooms shall be provided, with lockers, showers and restroom fixtures. Two offices shall be provided, each with not less than 150 net sf. Each shall be provided with a telephone.

(4) Combination school. A combination school shall provide the elements of the grades served by Paragraphs (1), (2) and (3) above without duplication, but meeting the higher standards.

[6.27.31.15 NMAC - N, 09/14/12]

6.27.31.16 Libraries and Media Centers/Research Area - General Requirements.

A. A special purpose school facility shall have space for students to access research materials, literature, non-text reading materials, books and technology. This shall include space for reading, listening and viewing materials.

(1) Elementary school. The area for stacks and seating space shall be at least 3 net sf/student of the planned school program capacity, but shall not be less than 1,000 net sf. In addition, office/workroom space and secure storage shall be provided.

(2) Middle school/junior high school or high school. The area for stacks and seating shall not be less than 3 net sf/student of the planned school program capacity. In addition, office/workroom space and secure storage shall be provided.

(3) Combination school. Provide the elements of the grades set out in Paragraphs (1) and (2) above without duplication, but meeting the higher standards.

(4) Special purpose schools that have residential housing shall provide an additional 1,000 net sf of stacks and seating.

B. A special purpose school facility shall have library fixtures, equipment and resources in accordance with the standard equipment necessary to meet the educational requirements of the public education department.

[6.27.31.16 NMAC - N, 09/14/12]

6.27.31.17 Food Service.

A. Cafeterias - general requirements

(1) Serving and dining. A special purpose school facility shall have a covered area or space, or combination, to permit students to eat within the school site, outside of general classrooms. This space may have more than one function and may fulfill more than one adequacy standards requirement. Dining area shall be sized for the planned school program capacity to allow for a meal period requiring no more than 3 servings. The dining area shall have no less than 15 net sf/seated student.

(2) Serving area shall be provided in addition to dining area.

(3) Fixtures and equipment. A special purpose school facility shall have space, fixtures and equipment accessible to the serving area, in accordance with the standard equipment required, for the preparation, receipt, storage or service of food to students.

(a) The space, fixtures and equipment shall be appropriate for the food service program of the school facility and shall be provided in consideration of the location of the facility and frequency of food service supply deliveries. Food service facilities and equipment shall comply with the food service and food processing regulations of the New Mexico department of environment.

(b) Fixtures and equipment should include: food prep area items, including sink, oven, range, serving area equipment (or buffet equipment), dishwasher, and cold storage, dry storage and other appropriate fixture and equipment items.

B. Kitchen. Kitchen and equipment shall comply with either the food preparation kitchen or the serving kitchen standards defined as follows:

(1) Food preparation kitchen - 2 net sf/meal served minimum based upon the single largest serving period:

(a) Elementary school: 1,000 net sf minimum

(b) Middle school/junior high school: 1,600 net sf minimum

(d) Combination school: shall provide the elements of the grades served by Subparagraphs (a), (b) and (c) above without duplication, but meeting the higher standards.

(e) Special purpose schools that have residential housing shall provide an additional 400 net sf of storage for residential housing-based nutrition and snack requirements.

(2) Serving kitchen. Where food is not prepared, there shall be a minimum of 200 net sf with a hand wash sink and a phone.

[6.27.31.17 NMAC - N, 09/14/12]

6.27.31.18 STUDENT LIFE.

A. Dormitory suites. Special purpose schools that provide residential housing shall have space for students to sleep, perform personal hygiene activities, study, socialize, engage in structured and unstructured recreational activities, and to participate in other activities in which a student attending a non-residential school might otherwise engage outside of the traditional school day.

(1) A dormitory suite shall have at least 180 net sf/occupant.

(2) A handicapped-accessible dormitory suite shall have at least 220 net sf/occupant. Handicapped-accessible dormitory rooms shall be provided based on demonstrated need.

B. Student recreation center. A student recreation center shall consist of at least 800 net sf plus 25 net sf/resident. In addition to the student recreation center, students shall have access to indoor physical education space for the purpose of structured and unstructured physical activities.

C. Outdoor recreation. Residents shall have access to safe, secure, outdoor recreation spaces where they can engage in structured and unstructured recreational activities. In addition to outdoor recreational space, residents shall have access to outdoor physical education space for the purpose of structured and unstructured recreational activities.

[6.27.31.18 NMAC - N, 09/14/12]

6.27.31.19 Other Facility Areas.

A. Parent workspace. A school facility shall include a workspace for use by parents. If this space is provided, it shall consist of at least .5 net sf/student of the planned school program capacity but no less than 150 net sf. The space may consist of more than one room and may have more than one function.

B. Administrative space. A special purpose school facility shall have space to be used for the administration of the school. The space shall consist of a minimum of 150 net sf, plus 5 net sf/student of the planned school program capacity.

C. Student health. A special purpose school facility shall have space to separate a sick student from the other students and may include space for the delivery of other related programs. This space shall be a designated space that is accessible to a restroom, and shall not be less than 805 net sf plus 1 net sf/student of the planned school program capacity. The space may consist of more than one room and may have more than one function. This space shall include a telephone.

D. Counseling. A special purpose school shall have space for counseling of students and related activities. This space shall consist of 250 net sf plus 2 net sf/student of the planned school program capacity.

E. Therapy. A special purpose school shall have space for occupational, physical and other types of therapy for students. This space shall consist of 225 net sf plus 8 net sf/student of the planned school program capacity.

F. Faculty workspace or teacher lounge. A special purpose school facility shall have workspace available to the faculty. This space is in addition to any workspace available to a teacher, in or near a classroom. The space shall consist of 5 net sf/student of the planned school program capacity with no less than 150 net sf. The space may consist of more than one room and may have more than one function. This space shall include a break area with a sink.

[6.27.31.19 NMAC - N, 09/14/12]

6.27.31.20 General Storage (Excludes Lockers, Janitorial, Kitchen, general classroom, Specialty Classrooms, and administrative storage). For storage, at least 4 net sf/student of the planned school program capacity may be distributed in or throughout any type of room or space, but may not count toward required room square footages. General storage must be securable and include textbook storage.

[6.27.31.20 NMAC - N, 09/14/12]

6.27.31.21 Maintenance or Janitorial Space. Each special purpose school shall designate 2 net sf/student of the planned school program capacity for maintenance or janitorial space. Janitorial space shall include a janitorial sink.

[6.27.31.21 NMAC - N, 09/14/12]

6.27.31.22 Standards Variance.

A. The council may grant a variance from any of the adequacy standards. The council shall grant a variance if it determines that the intent of the standard can be met by the special purpose school in an alternate manner, or if a variance is required for appropriate programmatic needs as demonstrated by the school. If the council grants the variance, the special purpose school shall be deemed to have met the standard.

B. The council may, with adequate justification, also grant a variance from any of the provisions of the special purpose school adequacy planning guide provided by the state for use in the programming and design of school projects to meet adequacy. Such variance shall be considered through an appeal to the council by the school following a final administrative interpretation of the planning guide. Procedures for achieving final administrative interpretation and filing an appeal to the council for a variance are as provided for in the planning guide document.

[6.27.31.22 NMAC - N, 09/14/12]

HISTORY OF 6.27.31 NMAC: [Reserved]