Alabama board adopts rule letting local districts handle smaller school projects; emergency rule takes effect immediately

The Alabama State Board of Education voted in February to amend its administrative rules so local school districts may handle certain school construction projects without routing them through the state Division of Construction Management, and the board adopted an emergency rule making that change effective immediately for six months.

State Superintendent Dr. Mackey said the change reflects legislation enacted last year and effective this February. Under the new rule described to the board, projects that cost less than $500,000 and projects that involve only roof replacement/repair or HVAC replacement/repair do not have to go through the state Division of Construction Management. "Projects that cost less than $500,000 or projects that deal solely with replacing roofs, replacing or repairing roofs, or replacing or repairing HVAC systems ... do not have to go through the Division of Construction Management," he said. "Local school boards that want to choose not to submit projects up to $500,000, roofing or HVAC, do still have to register those with us, and we still have to approve their contracts."

Dr. Mackey said the rule requires local boards, superintendents and contractors or architects to sign affidavits acknowledging that the local entity is assuming the permitting, inspection and liability responsibilities the state previously retained. "They have to sign an affidavit saying they recognize they're waiving the state required permitting and inspection process, and they are accepting that as a local board of education," he said.

Why it matters: the change shifts inspection and permit responsibilities and potential liability from the state to local boards for qualifying projects. Board members were told the update aligns the department's administrative code with a statutory change and that the emergency rule ensures the change is effective immediately while the permanent rule proceeds through the public-comment process.

Board actions: The board considered adoption of the amended Alabama Administrative Code Rule 2'90'''1 as a permanent rule and voted to adopt it; subsequently the board voted to adopt the amended rule as an emergency rule (Rule 2'90''.01 ER) to make the change effective immediately for six months, pending the 45-day public-comment period and a future permanent-rule vote. Both votes were recorded as unanimous.

Implementation and limits: Even when districts handle eligible projects locally, the department will still require registration and contract approval to confirm licensure and basic compliance. Dr. Mackey emphasized the statute changed the state's role; the department's administrative update merely puts that statutory change into the department's code.