(a) Whenever the commissioner of education is authorized by the state board of education to take responsibility for the operation of any local school system or school that has been placed on probation pursuant to § 49-1-602, the state acting under the authority of the state building commission may require the county legislative body to appropriate and expend funds necessary to fund school building improvements, demolition or new construction as approved by the commissioner and the state board of education pursuant to chapter 3, part 1 of this title.
(b) Notwithstanding subsection (a), before the state building commission can take any such action, the commissioner shall give the appropriate legislative body or special school district board written notice that action may be taken at least ninety (90) days prior to any such action by the commission. If, before expiration of that period, the legislative body adopts and submits a plan for building improvements, demolition or new construction and the funding of the improvements, demolition or new construction that is acceptable to the commissioner, then subsection (a) shall not apply. However, if the plan is not acceptable to the commissioner, no further notice need be given.
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