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Education Laws and Regulations

603 CMR 38.00:
School Construction

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38.04: Site Standards: Capital Construction

The site on which a proposed capital construction project is to be built shall conform to the following requirements:

(1) The site selected shall be chosen on the basis that it will meet the educational need and minimize any possible adverse educational, environmental, social , or economical impact upon the community. Such adverse impact includes, but need not be limited to: the need to provide new sewers, roads, transportation facilities, water supply, water connections, and the like to the site; existence of soil conditions which will cause site development costs to be greatly increased; curtailment of the approved educational program.

(2) The site shall be so located as to serve efficiently and safely the school population it is intended to serve, and shall be of sufficient size to accommodate the building and planned future additions thereto, the agreed upon outdoor educational program, needed parking areas, bus turnarounds, delivery areas, required setbacks and planned aesthetics.

(3) The site shall be reasonably free from olfactory, auditory, visual, and noxious pollution, or should be capable of being made so prior to commencement of construction.

(4) Proximity to other facilities such as libraries, museums, parks, natural resources, nature study areas, and business, which would enhance the proposed educational program shall be carefully studied and strongly encouraged.

(5) The site shall be owned by the applicant school district, or be under control of the school district pursuant to a lease which assures the school district exclusive jurisdiction and control of the land for the anticipated useful life of the school to be constructed thereon.

(6) Any proposed site not currently in use for educational purposes shall undergo an environmental site assessment conforming to ASTM Phase I standards. This study shall also assess environmental conditions in the immediate vicinity of the proposed site which could impact the health and safety of students and school staff. A Phase II assessment shall also be completed if needed, based on the results of the Phase I assessment. The applicant shall make the results of such assessments available for public review, and shall provide a reasonable opportunity for public comment thereon. The applicant shall submit the results of such assessments, and a summary of the public comments, to the Department prior to the Commissioner's preliminary determination pursuant to 603 CMR 38.10(4).

Regulatory Authority:
603 CMR 38.00: M.G.L c. 69, § 1B and Chapter 70B

Last Updated: June 18, 2004
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