Arkansas Administrative Code
Agency 203 - Commission for Public School Academic Facilities and Transportation
Rule 203.00.08-001 - AFT 029: High-Growth School District Loan Program
Universal Citation: AR Admin Rules 203.00.08-001
Current through Register Vol. 49, No. 9, September, 2024
1.00 REGULATORY AUTHORITY
1.01 These rules shall be known as the
Arkansas Commission for Public School Academic Facilities and Transportation
(Commission) Rules Governing the Academic Facilities High-Growth School
District Loan Program (HGLP).
1.02
These rules are promulgated pursuant to Ark. Code Ann. §§
6-20-2511
(Act 995 of 2007) and
6-20-2512.
2.00 PURPOSE
2.01 The purpose of these rules is to
implement the requirements of Ark. Code Ann. §
6-20-2511
(Act 995 of 2007) to provide for an Academic Facilities High-Growth School
District Loan Program (HGLP).
3.00 DEFINITIONS
For purposes of this rule, the following terms shall mean as follows:
3.01 "Average daily
membership" - the total number of days attended plus the total number of days
absent by students in grades kindergarten through twelve (K-12) during the
first three (3) quarters of the school year divided by the number of school
days actually taught in the district during that period of time rounded up to
the nearest hundredth.
3.02
"Academic Facilities Factor" means the ratio of the total square footage of
academic facilities financed with outstanding bonded indebtedness over the
combined square footage of academic and non-academic facilities with
outstanding bonded indebtedness.
3.03 "Bonded indebtedness incurred for
academic facilities" will be calculated by the Division as follows:
a. In determining the amount of a district's
bonded indebtedness incurred for academic facilities, the Division shall assume
that all construction on academic and non-academic facilities was proportionate
to each project.
3.04
"Commission" - the Commission for Arkansas Public School Facilities and
Transportation.
3.05 "Department" -
the Arkansas Department of Education.
3.06 "Division" - The Division of Public
School Academic Facilities and Transportation
3.07 "Maximum expected millage" - means for
the purposes of this loan program, ten (10) debt service mills, representing
the maximum number of debt service mills that a public school district is
expected to raise to service its bonded indebtedness incurred for academic
facilities.
3.07.1 A school district that has
"raised the maximum expected millage" must have ten (10) or more debt service
mills based on the most recent millage election prior to the April 15
applications submission deadline ( in the case of current year special
elections) or prior calendar year final millage report ( in the absence of
current year specially the elections). The final millage report will include
rollback information. The determination of the required academic debt service
mills for consolidated or annexed school district that does not have a unified
millage rate will be calculated on a case by case basis.
3.07.2 " Revenue generated from the maximum
expected millage" is calculated by multiplying the prior calendar year
assessment data by ten (10) mills.
4.00 LOANS TO HIGH-GROWTH SCHOOL DISTRICTS
4.01 There is established the Academic
Facilities High-Growth School District Loan Program (HGLP), under which the
Department shall provide an interest-free loan for the new construction of
academic facilities to a high-growth school district when the high growth
school district anticipates exceeding the maximum expected millage and the
revenue generated from the maximum expected millage is less than the amount
required to service the bonded indebtedness to be incurred for academic
facilities.
4.02 A school district
may be eligible for the HGLP if:
4.02.1 The
high-growth school district has raised the maximum expected millage and the
revenue generated from the maximum expected millage is less than the amount
required to service the bonded indebtedness incurred for academic facilities
and;
4.02.2 The school district has
an approved project to meet the high growth need in the Academic Facilities
Partnership program and;
4.02.3 The
ADM of the school district in the present school year is at least 4% higher
than the ADM of the school year that is two years prior to the present year,
excluding growth resulting from annexation or consolidation and;
4.02.4 The total space available in the
school district is less than the amount needed to accommodate the growth of
students and;
4.02.5 Whether the
high growth school district can restructure the delivery of education to use
all available space without incurring additional debt.
4.03 The purpose of the loan to a high-growth
school district is to assist the school districts with building new academic
facilities that, as a result of high growth, will cause the school district to
incur indebtedness for academic facilities that exceeds the maximum expected
millage.
4.04 Applications for the
Academic Facilities High-Growth School District Loan Program must be submitted
to the Division, in a format stipulated by the Department between February 1
and April 15 of each year beginning in 2009.
4.05 The Division shall make a determination
that the total space available in the high-growth school district is less than
the amount needed to accommodate the growth of students. If the Division finds
that additional space is needed to accommodate the growth of students, then the
Commission shall certify same to the Department and forward the district's
application to the Department.
4.06
The amount of the loan shall be the amount of moneys required for academic
facilities less the sum of:
4.06.1 The
revenues generated by the maximum expected millage; and
4.06.2 The state revenue received by the
high-growth school district under the Academic Facilities Partnership Program.
4.07 The high-growth
school district shall apply for the loan from the Revolving Loan Fund, subject
to Ark. Code Ann. §§
6-20-801
through
6-20-816,
6-20-2511
and these rules.
4.08 When the
revenue required to service the bonded indebtedness incurred for the
high-growth school district's academic facilities is less than the revenue
generated by maximum expected millage, the high-growth school district shall
repay the loan.
4.09 The
high-growth school district shall make annual payments to the Department in the
amount of:
4.09.1 The revenue generated by
the high-growth school district's millage up to the amount of the revenues
generated from the maximum expected millage for the year; less
4.09.2 The revenue required to service the
high-growth school district's bonded indebtedness for academic
facilities.
4.09.3 The payments
under Sections 4.08 and 4.09 of these rules shall continue until the loan is
paid in full.
4.10
During the time that the loan to the high-growth school district is in
repayment, the high growth school district:
4.10.1 Shall use all revenues generated below
the maximum expected millage to repay the loan;
4.10.2 Shall not issue refunding bonds or
refunding certificates, as provided under Ark. Code Ann. §
6-20-815;
and
4.10.3 Shall not otherwise
change the amount of revenues available to repay the loan without the prior
approval of the Department.
4.11 Within a reasonable time after its
receipt, each application under Sections 4.02 - 4.07 of these rules shall be
examined by the Department and Division in accordance with rules established by
the State Board of Education as to the accuracy of the answers contained
therein.
4.12 In considering the
merits of each application, the Division shall determine:
a. That the district meets the definition of
a "high-growth school district" as contained in Section 3.04 of these
rules;
b. That the space available
in the high-growth school district is less than the amount needed to
accommodate the high growth; and
c.
Whether the high growth school district can restructure the delivery of
education to use all available space without incurring additional
debt.
4.13 After
considering the merits of each application, the Division. may, in its
discretion:
4.13.1 Approve the application for
the full amount of the proposed loan, approve the application for a loan of a
lesser amount than the amount requested, or disapprove the
application.
4.14 The
Department shall notify each applicant school district and the Department's
Loans and Bonds Committee by June 15 of each even-numbered year if the school
district meets the criteria under Section 4.12 of these rules.
4.15 The Loans and Bonds Committee should
notify each applicant school district by June 30 of each even-numbered year as
to whether the high-growth school district loan has been approved or
denied.
4.16 The Department shall
promulgate forms and documents to be used by school districts in the loan
application process.
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