Arkansas Administrative Code
Agency 203 - Commission for Public School Academic Facilities and Transportation
Rule 203.00.05-001 - Rules Governing the Transitional Academic Facilities Program

3.01.1 Academic facility;

3.01.2 Academic facilities wealth index;

3.01.3 Average daily membership;

3.01.4 Facility condition index;

3.01.5 Facilities improvement plan;

3.01.6 Facilities master plan;

3.01.7 Foundation funding;

3.01.8 Immediate repair project;

3.01.9 Local enhancements;

3.01.10 Local resources;

3.01.11 Maintenance, repair and renovation;

3.01.12 Millage rate;

3.01.13 New construction;

3.01.14 Project;

3.01.15 School district; and,

3.01.16 Space utilization

4.01.1 However, without regard to the general provisions of § 4.01, no school district may become eligible for state financial participation if the funding used to fund the new construction project resulted from proceeds of a debt issue prior to January 1, 2005.

4.01.2 No open-enrollment charter school shall be eligible for state financial participation in this program.

4.02.1 A new construction project for which debt was incurred or funds were spent after January 1, 2005, and on or before June 30, 2006;

4.02.2 The total cost of the new construction project. Districts have to be prepared to fund the entire project, as there is no guarantee of state funding. Total cost of new construction will include professional fees for design and construction management;

4.02.3 The new construction project's conformance with sound educational practices. The division shall consider, but is not limited to, rules, standards, practices and goals established by the division, the Department of Education, State Board of Education and the Arkansas General Assembly;

4.02.4 The new construction project's compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district as determined by the division. Appropriate space utilization refers to a district's over or under utilization of space based on the number of students within each academic facility within the school district.

4.02.5 The allocation of project costs between new construction activities and maintenance, repair, and renovation activities if the new construction project includes improvements that could be classified as maintenance, repair, and renovation; and,

4.02.6 How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district.

5.02.1 Student health and safety, including, without limitation, critical health and safety needs;

5.02.2 The new construction project's compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district;

5.02.3 The new construction project's conformance with sound educational practices;

5.02.4 Curriculum improvement and diversification, including without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies;

5.02.5 Multischool, multidistrict and regional planning to achieve the most effective and efficient instructional delivery system;

5.02.6 Reasonable travel time and practical means of addressing other demographic considerations; and,

5.02.7 Regularly scheduled maintenance, repair and renovation.

5.03.1 The division's evaluation of the evidence submitted in the application as required in § 4.02 of this rule;

5.03.2 The division's evaluation of the on-site inspection required in § 5.02 of this rule;

5.03.3 The academic facilities wealth index of the school district; and,

5.03.4 The prudent and resourceful expenditure of state funds with regard to public school district academic facilities.

6.01.1 The project may qualify for funding in the amount of the product of $90.00 or the actual contract dollar amount or a dollar amount established by the Division (whichever is the lesser amount) per square foot multiplied by the difference of one hundred percent (100%) minus the school district's wealth index.

6.01.2 The Division and Commission shall have the right in its discretion to deny application funding approval in whole or in part when the Division of Commission determines denial of application for funding is prudent and in the best interest of the resourceful expenditures of state funds with regard to public school district academic facilities.

7.01.1 A school district may request and the division shall provide upon request a written determination of any appealable issue by the division.

7.01.2 After receipt of a written determination from the division, the school district shall file its written appeal within ten (10) calendar days via first class mail, return receipt requested, in the Office of the Director of the Division of Public School Academic Facilities and Transportation, 501 Woodlane St., Suite 520-S, Little Rock, Arkansas 72201, no later than 4:30 pm on the tenth calendar day from receipt of the division's written determination. The division shall within thirty (30) calendar days receipt of the appeal schedule the appeal for the Commission's consideration and determination.

7.01.3 The school district shall provide in clear express terms a detailed explanation and evidence showing that the division's decision was clearly erroneous or outside the legal authority vested in the division.

7.01.4 The school district shall have the burden to establish a prima faciacase, unless the Commission shall decide to hear the appeal sua sponte.

7.01.5 The school district shall not be entitled to a hearing before the Commission unless the Commission should indicate in writing that it desires to hear the appeal and provides notice of the time and location of the hearing.

7.01.6 Any appeal hearing shall be conducted pursuant to the hearing policy established by the Commission.

7.01.7 Provided the Commission determines the school district has established a prima facia case or the Commission sua spontedecides to hear an appeal, the Commission shall render a decision to approve or deny the appeal within sixty (60) calendar days of receipt of the appeal by the Commission from the division.