Current through Register Vol. 49, No. 9, September, 2024
3.00
DEFINITIONS - For the purpose of these Rules, the following terms mean:
3.01 "Academic facility" - A building or
space, including related areas such as the physical plant and grounds, where
public school students receive instruction that is an integral part of an
adequate education as described in Ark. Code Ann. §
6-20-2302.
3.01.1 A public school building or space,
including related areas such as the physical plant and grounds, used for an
extracurricular activity or an organized physical activity course as defined in
Ark. Code Ann. §
6-16-137
shall not be considered an academic facility for the purposes of these Rules to
the extent that the building, space, or related area is used for
extracurricular activities or organized physical activities courses, except for
physical educational training and instruction under Ark. Code Ann. §
6-16-132;
3.01.2 The Division of Public School Academic
Facilities and Transportation shall determine the extent to which a building,
space, or related area is used for extracurricular activities or organized
physical activities courses based on information supplied by the school
district and, if necessary, on-site inspection;
3.01.3 Buildings or spaces, including related
areas such as the physical plant and grounds, used for pre-kindergarten
education shall not be considered academic facilities for purposes of these
Rules;
3.01.4 District
administration buildings and spaces, including related areas such as the
physical plant and grounds, shall not be considered academic facilities for the
purpose of these Rules; and
3.01.5
Facilities owned and/or operated by education service cooperatives, leased
facilities (other than facilities which are part of a lease purchase
agreement), portable buildings, modular buildings and facilities owned by
others but occupied by school districts are not considered academic school
facilities for purposes of these Rules.
3.02 "Academic Facilities Partnership
Program" - The process under which the Arkansas Division of Public School
Academic Facilities and Transportation shall provide state financial
participation based upon a school district's academic facilities wealth index
in the form of cash payments to a school district for eligible new construction
projects.
3.03 "Academic facilities
wealth index" - A percentage derived from the following computations:
(1) Determine the value of one (1) mill per
student in each school district as follows:
(a) Multiply the value of one (1) mill by the
total assessed valuation of taxable real, personal, and utility property in the
school district as shown by the applicable county assessment for the most
recent year; and
(b) Divide the
product from (1)(a) above by the greater of the prior year average daily
membership of the school district or the prior three-year average of the school
district's average daily membership;
(2) Determine student millage rankings by
listing the computation under (1) above of this section for each school
district from students with the lowest value per mill to students with the
highest value per mill;
(3)
Allocate the student millage rankings into percentiles with the first
percentile containing the one percent (1%) of students with the lowest value
per mill and the one-hundredth percentile containing the one percent (1%) of
students with the highest value per mill; and
(4) Divide the value of one (1) mill per
student in each school district as computed under (1) above by the amount
corresponding to the ninety-fifth percentile of the student millage rankings
under (3) above.
(5) The percentage
derived from the computation under (4) above is the academic facilities wealth
index for a school district, which shall be computed annually and used to
determine the amount of the school district's share of financial participation
in a local academic facilities project eligible for state financial
participation under priorities established by the Division of Public School
Academic Facilities and Transportation.
3.04 "Add-ons" - Additional academic areas or
spaces which are constructed as a part of or separate additions to an existing
academic area or space, and which falls under the definition of "New
Construction" contained in Section 3.19 of these Rules.
3.05 "Arkansas Public School Academic
Facilities Manual" - A document which contains uniform standards to guide the
planning, design and construction of new academic facilities and additions to
existing academic facilities and which is hereby incorporated into and made a
part of these Rules, as "Appendix B" to these Rules, as if the Manual was fully
set forth herein. The Manual can also be accessed on the Division's website
(
www.arkansasfacilities.com).
3.06 "Alternative Project" - A project
proposed by the Division, that will accomplish creating a safe, dry and healthy
atmosphere and meet the suitability need of the school district or individual
school facility and is in compliance with the state standards. The state
financial participation for the alternative project will be determined in
accordance with Sections 3.25,
3.33, 5.02 and 6.03 of these rules. The Division will
coordinate the development of the alternative project with the school
district.
3.07 Building Value - A
percentage value reflecting the depreciated value of an academic facility with
an assumed depreciation of two per cent (2%) per year. Building Value does not
consider improvements that may have been made to the facility.
3.07.1 Building value is calculated by
multiplying two (2) times the age of the academic facility, and subtracting
that product from one hundred (100) (Value = 100 - (2 x Age)). The output of
this equation may be a positive or negative percentage.
3.07.2 For the purpose of this calculation,
an academic facility's age is calculated as the difference between the master
plan year and the year of the facility's construction completion.
3.07.3 When an academic facility has multiple
additions constructed at different times, a building value may be computed for
each addition.
3.07.4 Building
value will be used to develop the Division's state-wide needs priority list per
A.C.A. §
6-21-112(f)
(18).
3.07.5 Districts are not required to replace
an academic facility when the building value is at or below zero percent
(0%).
3.08 Campus Value
- A composite percentage value of depreciated building values that includes all
of the academic facilities on a campus.
3.08.1
Campus value is calculated by multiplying the building value of each individual
academic facility on a campus by the area in square feet of that individual
facility, then adding together the products of that calculation for all
academic facilities on the campus, and then dividing that sum by the overall
area in square feet of all academic facilities on the campus.
3.08.2 In instances where multiple campuses
are involved with a warm, safe, and dry project, a campus value may be computed
using the same process for all the campuses involved with the
project.
3.09
"Commission" - The Commission for Arkansas Public School Academic Facilities
and Transportation.
3.10
"Configuration (Re-Configuration)" - The systematic grouping of grades as
determined by the school district at any school(s) campus. Re-configuration is
the process of changing the present school(s) configuration, by the school
district, to align a different grade configuration. The configuration or
reconfiguration is determined by the school district.
3.11 "Consolidation/Annexation Project" -A
new, complete school campus or one or more additions to existing campuses for
the specific purpose of supporting a voluntary consolidation or annexation
petition brought by two or more contiguous districts and approved by the
Arkansas State Board of Education pursuant to Ark. Code Ann. §
6-13-1401 et. seq.
after March 1, 2010. Consolidation/annexation projects must fulfill the
requirements of Section 5.05.4 herein.
3.12 "Construction Cost" - The actual cost of
constructing a new construction project as defined in Section 3.19 of these
Rules. It consists of all construction related costs, both direct and indirect,
to include but not be limited to construction contract costs and costs
associated with design, advertisement and reimbursable expenses.
3.13 "Conversion Project" - (1) A new
construction project that converts existing academic or non-academic space into
a missing academic core, special education or student dining component of the
POR and the conversion project is part of an add-on project for which the
district has applied for partnership assistance. In such conversions, any
partnership assistance funding from the state is limited to only that amount of
square footage required by the suitability analysis for the add-on project
subject to the requirements of Section 4.01 of these Rules. The component shall
meet the POR specifications when converting or adding such a space to the
district; or (2) A new construction project that converts existing academic or
non-academic space into a missing academic core space only and is in compliance
with the POR space requirements. For this type of conversion project, state
partnership assistance funding shall only be allowed provided the district has
no suitability square footage need and the project is limited to no more than
the component number and square footage spaces required in Academic Core of the
POR.
3.14 "Division" -The Arkansas
Division of Public School Academic Facilities and Transportation.
3.15 "Facilities master plan" - A six-year
plan developed by a school district that contains enrollment projections for
ten (10) years from the date of the plan, the school district's strategy for
maintaining, repairing, renovating, and improving through new construction or
otherwise the school district's academic facilities and equipment and other
information as required by law.
3.16 "Facilities improvement plan" - An
improvement plan developed by a school district for a public school or school
district identified as being in academic facilities distress, or by a school
district which has been notified by the Division of non-participation in the
Academic Facilities Partnership Program by failing to apply for state funding
for necessary facilities to meet adequacy requirements, that supplements the
school district's facilities master plan by:
3.16.1 Identifying specific interventions and
actions the public school or school district will undertake in order to correct
deficient areas of practice with regard to custodial, maintenance, repair and
renovation activities with regard to academic facilities in the school
district; and
3.16.2 Describing how
the school district will remedy those areas in which the school district is
experiencing facilities distress, including the designation of the time period
by which the school district will correct all deficiencies that placed the
school district in facilities distress status.
3.17 "Local Resources" - Any moneys lawfully
generated by a school district for the purpose of funding the school district's
share of financial participation in any academic facilities project for which a
school district is eligible to receive state financial participation under
priorities established by the Division. Also referred to as "raised funds" for
the purpose of defining "Self-Funded Project."
3.18 "Maintenance, repair, and renovation" -
Any activity or improvement to an academic facility and, if necessary, related
areas such as the physical plant and grounds that, maintains, conserves, or
protects the state of condition or efficiency of the academic
facility.
3.19 "New Construction" -
Any improvement to an academic facility and, if necessary, related areas such
as the physical plant and grounds, that brings the state, condition or
efficiency of the academic facility to a state of condition or efficiency
better than the academic facility's current condition of completeness or
efficiency. "New construction" includes a new addition to an existing facility
and construction of a new academic facility.
3.19.1 No state financial participation will
be provided for improvements that could be classified as maintenance, repair,
and renovation, other than a total renovation project. That portion of a new
construction project that consists of maintenance, repair, or renovation will
not be considered in calculating state financial participation in a new
construction project, nor in prioritization of a new construction
project.
3.20 "New
Facilities" - A new construction project which is neither an addition to, total
renovation, or conversion of an existing facility; nor a project involving
maintenance, renovation, or repair of an existing facility; but is a new
addition to a school district's building inventory.
3.21 "Non-academic facility" - A building or
space that is not used for the provision of student instruction that is an
integral part of an adequate education as described in Ark. Code Ann. §
6-20-2302.
The term "non-academic facility" comprises, but is not limited to, those
buildings, spaces and grounds described in Subsections 3.01.1, 3.01.3, 3.01.4
and 3.01.5 of these Rules, or any buildings, spaces or grounds that do not fit
the definition of "Academic Facility" set forth in Section 3.01 of these
Rules.
3.22 "Prioritization" - That
methodology established by the Commission, and set forth in these Rules in
Section 5.05, which provides a system of ranking new construction projects
submitted for state financial participation in the Partnership Program, in
order to comply with Ark. Code Ann. §
6-20-2507
and the necessary and appropriate allocation of limited funding
resources.
3.23 "Program of
Requirements (POR)" -The requirements that each new construction project which
is not a warm, safe and dry (systems) project is required to adhere to as the
established minimum adequate components, and total square footage required in a
school construction project as otherwise permitted in Section 4.02 of these
Rules for add-on projects and as set forth in the Arkansas Public School
Academic Facilities Manual. The POR is hereby incorporated into and made a part
of these Rules, as "Appendix C" to these Rules, as if the POR was fully set
forth herein.
3.24 "Project" - An
undertaking in which a school district engages in:
(a) Maintenance, repair, and renovation
activities with regard to an academic facility;
(b) New construction; or
(c) Any combination of maintenance, repair,
and renovation activities with regard to an academic facility and new
construction activities with regard to an academic facility.
3.25 Project Cost - A projected
construction cost determined by the Division utilizing the specific project
cost funding factors stipulated in Ark. Code Ann. §
6-20-2509
and localized to regional cost centers in the state. It serves as the basis for
the estimated state financial participation for partnership projects per square
foot. The specific project cost funding factors, New Facilities Project Cost
Funding Factor and Warm, Safe and Dry (Systems) and Conversion Project Cost
Funding Factor, are defined as set forth in Sections 3.25.1 and 3.25.2 of these
Rules. Neither the New Facilities Funding Factor nor the Warm, Safe and Dry
(Systems) and Conversion Project Cost Funding Factor shall include land
purchases, mold abatement or removal, environmental clean-up, supersite
clean-up, or qualification for LEED or Green Globes certification pursuant to
Section 10.0 of these Rules.
(i) The Project
Cost for newly constructed academic facilities or additions for which a square
foot cost would be applicable to all facets of the construction will be the
lesser of either:
(a) The New Facilities
Project Cost Funding Factor which shall be that factor established on a
regional basis by the Division in effect as of May 1, 2009, and updated
annually by the Division in compliance with Ark. Code Ann. §
6-20-2509;
plus the appropriate soft cost for demolition costs and/or asbestos abatement
in the amount of one (1) percent of the Funding Factor for each category
(however, the Funding Factor shall not increase to more than $175.00 per square
foot without the approval of the Commission) multiplied by the project approved
size in square feet; or
(b) The
actual construction cost amount of the project.
(ii) The Project Cost for conversion projects
or projects which are building systems or components thereof, not covered in
Section 3.25(i) of these Rules (above), will be the lesser of either:
(a) The Warm Safe and Dry (Systems) and
Conversion Project Cost Funding Factor which shall be that factor established
on a regional basis by the Division in effect as of May 1, 2009, and updated
annually by the Division in compliance with Ark. Code Ann. §
6-20-2509;
plus the appropriate soft cost for demolition costs and/or asbestos abatement
in the amount of one (1) percent of the Funding Factor for each category
multiplied by the approved unit of measure per project (however, the Funding
Factor shall not increase to more than $175.00 per square foot without the
approval of the Commission) multiplied by the project approved size in square
feet; or
(b) The actual
construction cost of the project.
3.25.1 New Facilities Project Cost Funding
Factor - That factor, based upon grade level configuration of the public school
academic facility and the proposed enrollment within the facility and
regionalized to twelve (12) different areas within the state, which the
Division will use to provide a funding amount for construction projects covered
by Section 6.03(i) of these Rules on a square foot basis.
3.25.2 Warm, Safe and Dry (Systems) and
Conversion Project Cost Funding Factor - That factor, based upon the amount of
square footage contained, the type of conversion of existing space to a
different use or the type of item or system renovation regionalized to twelve
(12) different areas within the state, which the Division will use to provide a
funding amount for construction projects covered by Section 6.03(ii) of these
Rules on a square foot basis.
3.26 "Project Funding Cycle" - A two (2) year
cycle for which school districts' Partnership Projects submitted by a specified
deadline in an even-numbered year are reviewed by the Division for state
financial participation by May 1 of the succeeding odd-numbered year.
3.27 "Public School Facility" - Any public
school building or space, including related areas such as the physical plant
and grounds, that is used for any purpose, including, without limitation:
3.27.1 An extracurricular activity;
3.27.2 An organized physical activity course
defined in Ark. Code Ann. §
6-16-137;
3.27.3 Pre-kindergarten education;
3.27.4 District administration; or
3.27.5 Delivery of instruction to public
school students that is an integral part of an adequate education as described
in Ark. Code Ann. §
6-20-2302.
3.28 "Renovation Project" - A
"warm, safe and dry" new construction project addressing a facility system. To
receive state financial participation, the project must be a "warm, safe and
dry" project.
3.29 "Resolution" - A
written document voted upon and approved by at least a majority of a quorum of
a school district's Board of Directors at a lawfully called meeting, which
certifies the school district's dedication of local resources to meet the
school district's share of financial participation in the new construction
project.
3.30 "Schematic Drawing" -
A diagram which fully illustrates all of the areas, spaces and dimensions of a
new construction project, and meets any additional requirements set forth in
Section 7.02(i) of these Rules. The schematic drawing does not have to be
prepared by a licensed architect, but must meet the approval of the Division as
to the actual detail required.
3.31
"School district" - A geographic area with an elected board of directors that
qualifies as a taxing unit for purposes of ad valorem property taxes under
Title 26 of the Arkansas Code and which board conducts the daily affairs of
public schools under the supervisory authority vested in it by the General
Assembly and Title 6 of the Arkansas Code.
3.32 "Self-Funded Project" - A project where
the moneys needed to complete the project are one hundred percent (100%) raised
and provided by the school district, and that shall be submitted to and
approved by the Division upon compliance with state codes and standards. Any
project, whether the district requests state financial participation or not,
shall meet the standards of the Arkansas Public School Academic Facilities
Manual or industrial codes and the Program of Requirements.
3.33 "State financial participation" - The
state's share of financial participation in a local academic facilities project
eligible for state financial participation according to the prioritization
schedule established by the Commission and set forth in Section 5.05 of these
Rules.
3.34 "Suitability" - The
process undertaken by the Division to determine whether any existing academic
facility is eligible for state financial participation for new construction
projects, as set forth in Section 5.05 of these Rules. The state financial
participation shall be the project cost described in Section 3.25 multiplied by
the difference of one hundred percent (100%) minus the school district's wealth
index. Except for approved warm, safe and dry projects, only that space total
gross square footage required by the POR which is not already deemed available
to a school district, whether on an existing campus or a new school campus,
shall be determined eligible for state financial participation.
3.34.1 On An Existing Campus:
When a school district is proposing a new construction project on
an existing campus with existing educational facilities, the Division shall
compare the appropriate existing total gross square footage space of the
existing facility on the campus to the total gross square footage
space requirements of the POR for the proposed new school facility based on the
projected student enrollment by grade level. After making the comparison, the
school will only be deemed to not be suitable and thus eligible for state
financial participation on a proposed facility project for the additional gross
square footage space required in the POR not currently available on the school
campus or on other campuses affected by grade reconfigurations as
part of the project. However, the state recognizes that four particular space
areas existing in school districts may skew the comparison of existing space to
that of the required POR space. Therefore, the Division will not count as
existing space that total gross footage area above the required POR standard
for the following four areas: Physical Education, Media Center, Student Dining
and Performing Arts.
3.34.2
On A New School Campus:
When a school district is proposing a new construction project on
a school campus for which the Division determines there are no other currently
existing appropriate school facilities or the district is seeking a separate
LEA number for the new academic facility, the Division shall compare the total
gross square footage required by the POR for the proposed facility for the
appropriate student grade population to that currently existing total gross
square footage available in the district for the appropriate
student grade population in their final grade configuration less the gross
square footage to be demolished as part of the proposed project. The Division
shall also include other campuses and grades affected by grade reconfigurations
as part of the project. After making the comparison the school will only be
deemed to not be suitable and thus eligible for state financial participation
on a proposed facility project for that additional space required in the POR
not currently available in the school district for the appropriate student
population in their final grade reconfiguration. The State recognizes that four
particular space areas existing in the school district may skew the comparison
as mentioned above in Section 3.34.1 of these Rules in the "on an existing
campus" comparison. As a result, the Division will give the same consideration
and not count as existing space that total gross footage area above the
required POR standard already existing in the district.
3.34.3 Warm, safe and dry: For new
construction projects not requesting additional space or replacement of
academic square footage, state financial participation will only be provided
for warm, safe and dry projects. Suitability analysis and determination shall
be made on a project by project basis and shall be determined based on the
actual need as determined by the Division using current Facilities Manual
standards.
3.35 "Waiver"
and "Variance" - The process by which a school district in unusual and limited
circumstances may seek a waiver or variance from Sections 4.06, 4.07, 4.09,
7.06 and 7.07 of these Rules as approved by the Division.
3.36 "Warm, safe, and dry" - New construction
projects deemed necessary by the Division to provide students a warm, safe, and
dry educational environment. State financial participation may be available for
two categories of warm, safe, and dry projects:
3.36.1 "Warm, safe, and dry (Systems)" - New
construction projects that support a facility's needs as they pertain to fire
and safety needs, roofing, major plumbing replacements, major electrical
replacements, HVAC systems and structural needs. These projects must apply to
the entire facility or system or if a separate building the entire building.
Fire and safety needs include fire alarms and warning systems and fire
prevention systems, but do not include surveillance systems, security systems
or closed circuit TV systems. On and after July 1, 2015, state financial
participation will be available for warm, safe, and dry (systems) projects only
for the 2015-2017 and 2017-2019 Project Funding Cycles and will be subject to a
statewide maximum limitation on the funds available.
3.36.2 "Warm, safe, and dry (Space
Replacement)" - New construction projects that build a new academic facility to
replace an existing academic facility that is not deemed by the Division to
provide students a warm, safe, and dry educational environment. In some
instances, districts may perform a total facility renovation instead of a
building replacement. Total renovation means that all building systems
determined by the Division to be required to bring the facility to "like-new"
condition are replaced. Total renovations shall comply with Sections 4.06 and
4.07 of these Rules.
3.36.3 Warm,
safe and dry projects do not include land purchases or environmental clean-up
or supersite clean-up.
3.36.4
Districts are not required to replace an academic facility when the building
value is at or below zero percent (0%).
4.00 SUBMISSION PROCESS
4.01 All applications for state financial
participation under a Project Funding Cycle of this Partnership Program shall
be submitted electronically by utilizing the Master Plan Web Tool located on
the Division's Internet website
http://arkansasfacilities.arkansas.gov/
no later than 4:30 p.m. on March 1 of every even-numbered year.
4.01.1 If, during an even-numbered year, the
Arkansas State Board of Education orders the involuntary annexation or
consolidation of school districts, the receiving or resulting school district
after annexation or consolidation may submit an updated master plan to the
Office of the Director of the Division of Public School Academic Facilities and
Transportation no later than January 1 of the following odd-numbered
year.
4.01.2 If, during an
even-numbered year, the Arkansas State Board of Education orders the
involuntary annexation or consolidation of school districts, the receiving or
resulting school district after annexation or consolidation may submit an
application for state financial participation under this Partnership Program to
the Office of the Director of the Division of Public School Academic Facilities
and Transportation no later than February 1 of the following odd-numbered
year.
4.01.3 For the purposes of
Section 4.01.1 and 4.01.2, the phrase "involuntary annexation or consolidation"
includes annexations or consolidations approved or required by the Arkansas
State Board of Education pursuant to Ark. Code Ann. §
6-13-1601 et
seq.
4.02 A school
district may apply for state financial partnership participation under these
Rules for projects that fall under one (1) of the following categories:
* Warm, safe and dry;
* New facilities;
* Add-ons and/or Conversions; and
* Consolidation/annexation projects.
If the state provides financial participation for an add-on or
conversion project, or a consolidation/annexation project that adds space to an
existing campus, the district must construct any missing component to the POR
specification. The district will have to choose a component contained in the
POR it does not have and add it, in the following order:
* Academic Core Areas;
* Special Education;
* Student Dining;
* Administrative
The state will not participate in add-on projects concerning
gymnasiums, media centers and/or auditoriums if the district already has this
space or is in need (according to the POR) of Academic Core Areas, Special
Education or Student Dining Areas.
The state will consider the replacement of demolished space to be
a prudent and resourceful expenditure of state funds issue. School districts
are encouraged to discuss such issues with the state before entering into
demolition projects when the districts will be filing applications for state
partnership assistance.
School districts applying for state financial participation for
projects that support their Facilities Master Plan shall file applications (and
approved schematic drawings) in a format prescribed by the Division and shall
list the applications in the district's Facilities Master Plan. No project
shall be considered for state financial partnership participation unless it is
included in the district's Facilities Master Plan.
4.02.1 The timelines set out in Section 4.01
of these Rules concerning submission of partnership applications with schematic
drawings must be complied with.
4.03 Any project that applies for state
financial assistance must prove suitability. All warm, safe, and dry (space
replacement) projects that involve the demolition of space for replacement of
the same space will be considered a prudent and resourceful expenditure of
state funds issue.
4.03.1 Warm, safe, and dry
(space replacement) projects that replace standalone student dining and kitchen
facilities are not required to prove the suitability described in Section
3.34.1. If the district provides a complete application for and the division
agrees with the need for replacement of the student dining and kitchen
facility, the project will be eligible for state financial participation to the
POR required size of a replacement student dining and kitchen
facility.
4.04 Any
submission for state financial participation which does not comply with
applicable state laws and these Rules shall be denied by the Division. Any
district whose submission is denied by the Division under this Section 4.04 may
submit a written appeal of the Division's decision to the Commission.
4.05 In order to apply for state financial
participation in a new construction project, a school district shall provide
the Division with a detailed narrative, description and justification for the
project and evidence of:
4.05.1 Preparation
for the new construction project as demonstrated by inclusion of the new
construction project in the school district's facilities master plan;
4.05.2
(i) The adoption of a resolution certifying to the Division the
school district's dedication of local resources to meet the school district's
share of financial participation in the new construction project.
(ii) The resolution shall specify the
approximate date that the board of directors of the school district intends to
seek elector approval of any bond or tax measures or to apply other local
resources to pay the school district's share of financial participation in the
new construction project;
4.05.3
(i)
The total estimated cost of the new construction project that shall be a
minimum of three hundred dollars ($300) per student or one hundred and fifty
thousand dollars ($150,000), whichever is less, per campus or district
depending upon whether the project is a campus or district project.
(ii) Same system projects may not be combined
across multiple facilities (campuses) nor multiple system projects combined to
meet the minimum dollar threshold for Partnership Program funding for a warm,
safe, and dry (systems) project;
4.05.4 The new construction project's
conformance with sound educational practices;
4.05.5 The new construction project's
compliance with current academic facilities standards, including, without
limitation, appropriate space utilization of the applicable school in the
district as determined by the Division;
4.05.6 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;
4.05.7 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; and
4.05.8 A statement of the district's intent,
if any, to seek incentives for LEED Certification or Green Globes Certification
pursuant to Section 10.03 of these Rules.
4.06 All proposed new construction projects
shall be in compliance with the standards set forth in the Arkansas Public
School Academic Facilities Manual which is attached to these Rules as "Appendix
B", as set forth in Section 3.05 of these Rules.
4.06.1 Variances to the Arkansas Public
School Academic Facilities Manual standards may be granted by the Division upon
the presentation of evidence of existing conditions that makes compliance with
applicable standards impractical or unreasonably burdensome, and;
4.06.2 Other conditions determined by the
Division as warranting a variance from applicable public school academic
facility standards.
4.07
All applications for state financial participation under this Partnership
Program for new construction projects which are not considered warm, safe and
dry (systems) projects pursuant to these Rules shall be prepared in accordance
with the Program of Requirements except in unusual and limited circumstances
(including, but not limited to, the variances set forth in Sections 4.06.1 and
4.06.2 of these Rules) where the Division determines that a waiver of the POR
is the only means whereby the district can meet adequacy requirements. The POR
is attached to these Rules as "Appendix C", as set forth in Section 3.23 of
these Rules. In such instances, a district may submit a request in writing to
the Division, signed by the district's Superintendent and President of its
Board of Directors, setting forth in detail the circumstances requiring the
waiver for the POR. No waiver request shall be deemed granted unless and until
an Order to that effect has been signed by the Division.
4.08 A district may request and be granted by
the Division a review conference that shall be held within twenty (20) working
days after the date of request. The district may be advised through the review
conference process by an architectural and engineering firm if the school
district pays the cost of the advice from the architectural and engineering
firm.
4.08.1 The review conference shall
consider the following:
(i) That the proposed
project is academic;
(ii) The
application of the space calculation to the project agreed upon by the district
and the Division;
(iii) The wealth
index of the district and the date at which the wealth index will be applied to
the partnership project if approved;
(iv) The project cost promulgated by the
commission under Ark. Code Ann. §
6-20-2509,
for the project and the date on which the project cost data will be applied to
the partnership project if approved;
(v) A projected amount of state funding based
on current application of the wealth index and the project cost promulgated by
the commission under Ark. Code Ann. §
6-20-2509,
to the planned project for planning purposes to allow a projection of local
funding share required.
(vi) The
Division shall make a record of the findings of the review
conference.
4.09 The minimum requirement set forth in
Section 4.05.3 of these rules may be waived by the Division upon a
recommendation being made by the Director of the Division to the Commissioners
for the Division for the minimum to be waived for cause and a majority of the
Commission supports the waiver.
7.00 AGREEMENT BETWEEN THE DIVISION AND THE
SCHOOL DISTRICT CONCERNING STATE FINANCIAL PARTICIPATION
7.01 If the Division determines that the new
construction project is eligible for state financial participation, the
Division and the school district shall enter into an agreement specifying the
terms of the state's financial participation and the conditions that must be
satisfied by the school district.
7.02 At a minimum, the agreement shall:
(i) Identify the estimated amount of local
financial participation and state financial participation in the new
construction project. The estimated amount of the state's financial
participation, as stated in the agreement, will be arrived at after the
schematic drawings and any variances to the Arkansas Public School Academic
Facilities Manual are considered for new facilities, new additions to
facilities or renovations or conversions. Schematic drawings should include as
a minimum, single line drawings with dimensions, labeled to identify all spaces
in the "footprint" of the entire project. For "warm, safe and dry" projects,
the major system components and their location should be identified. The final
amount of the State's financial participation will be specified upon receipt of
the final contract amount and determined as specified in Section 6.03 of these
rules:
(ii) Define the method of
and schedule for transferring state financial participation funds to the school
district;
(iii) Identify whether
the new construction project includes any improvements that are classified as
maintenance, repair, and renovation, and how the project costs will be
allocated between new construction activities and maintenance, repair, and
renovation activities;
(iv) Define
the detailed scope of work for which the agreement applies;
(v) Provide that changes to the plans for the
new construction project shall be made in consultation with the
Division;
(vi) Provide the areas of
project responsibility of both parties during the course of the
project;
(vii) Provide that the
district shall be in compliance with all state laws concerning bidding and
construction;
(viii) Provide that
the Division or any person acting on behalf of the Division may conduct on-site
inspections of the new construction project as frequently as the Division deems
necessary to assure the prudent and resourceful expenditure of state funds with
regard to public school academic facilities;
(ix) Determine how risk will be allocated
between the school district and the state if the new construction project is
not completed;
(x) Describe how
changes in the school district's wealth index over the course of the new
construction project will be treated; and
(xi) Specify that the agreement is void and
the state will have no further obligation to provide state funds to the school
district for the new construction project that is the subject of the agreement
if the school district does not raise local resources and apply local resources
toward the project as provided under the agreement.
7.03 The agreement specified above and
required by Ark. Code Ann. §
6-20-2507
is attached to these Rules as "Appendix D", as set forth in Section 5.06 of
these rules.
7.04 All funding
agreements under these Rules are contingent upon the prudent and resourceful
expenditure of state funds as determined by the Division.
7.05 Before the district is allowed to
proceed and start construction on the project, the district must submit, and
the Division must approve, its final plans and complete
specifications.
7.06 Within sixty
(60) days of the Commission's final approval and funding of the district's
partnership project, the agreement referenced in Sections 7.02 and 7.03 of
these rules must be executed by the district and the Division. The Division
shall have the right to grant a waiver from this provision, if the district has
unusual and limited circumstances which prevent it from executing the agreement
within the sixty (60) day timeframe.
7.07 If the Partnership Agreement is not
executed within the time period set forth in Section 7.06 of these Rules,
unless there is an approved waiver request or appeal pending before the
Academic Facilities Review Board or Commission, the state's financial
participation in whole or in part may be deemed null and void by the Division.
Construction of the project, as evidenced by a signed
construction contract, must begin within eighteen (18) months from the date of
the final approval of the project by the Commission. The district must obtain
the Division's approval of the completion of all district project requirements
within four (4) years from the date of final approval of the project by the
Commission. For the purposes of this subsection, the phrase "signed
construction contract" includes construction management contracts.
A district may request a waiver of timelines in Section 7.07 of
these Rules if the district believes it can show unusual and limited
circumstances which prevent it from meeting the timelines. State financial
participation in a district's project is contingent upon the district meeting
all timelines and deadlines set forth in these Rules. Absent an approved appeal
or waiver, the Division may render the state's financial participation in a
district's project null and void in whole or in part for failure to meet all of
the timelines and deadlines set forth in these Rules and may recapture any
state partnership funding assistance funds already paid to the district.
7.08 Payment of an incentive
awarded pursuant to Section 10.0 of these Rules shall not be made to a district
until the new facilities project is completed and the appropriate third-party
certification entity or assessor has awarded final certification for the
project.
10.00
INCENTIVES FOR "GREEN" FACILITIES
10.01 The
purpose of this Section is to encourage school districts to build
environmentally-friendly new facilities by offering financial incentives
through the Academic Facilities Partnership Program.
10.02 DEFINITIONS - For the purpose of this
Section, the following terms mean:
10.02.1.1
"LEED Certification" - Certification of a project by a professional third-party
certification entity pursuant to the Leadership in Energy and Environmental
Design (LEED) for Schools Rating System developed by the U.S. Green Building
Council and administered by the Green Building Certification
Institute.
10.02.1.2 "Green Globes
Certification" - Certification of a project by a professional third-party
assessor pursuant to the Green Globes Rating System developed by the Green
Building Initiative.
10.03
A new facilities project shall be eligible for financial incentives under this
Section if the school district gives timely notice to the Division of the
district's intent to seek LEED certification or Green Globes certification for
the project. In its notice, the district shall identify which specific type and
level of certification it intends to seek.
10.03.1 Notice must be given concurrently
with the district's application for state financial participation under Section
4.0 of these Rules.
10.04 A district which completes an eligible
new facilities project and successfully obtains LEED certification or Green
Globes certification for the project shall be awarded an incentive calculated
as a percentage of the amount of state financial participation in the project,
as follows:
(i) LEED Certification, Silver:
one percent (1%);
(ii) LEED
Certification, Gold: one and one-half percent (1.5%);
(iii) LEED Certification, Platinum: two
percent (2%);
(iv) Green Globes
Certification, Two Globes: one percent (1%);
(v) Green Globes Certification, Three Globes:
one and one-half percent (1.5%); or
(vi) Green Globes Certification, Four Globes:
two percent (2%).
10.05
A project shall be eligible for financial incentives under this Section for
LEED certification, or for Green Globes certification, but not for both
certifications.
No project shall be eligible for financial incentives for a level
of certification higher than the level identified in the district's application
for state financial participation.
10.06 Financial incentives awarded under this
Section shall be in addition to the amount of state financial participation
calculated under these Rules.
10.07
A district's application or eligibility for financial incentives under this
Section shall have no effect on the prioritization of a project under Section
5.05 of these Rules.
