Code of Massachusetts Regulations
963 CMR - MASS. SCHOOL BUILDING AUTHORITY
Title 963 CMR 2.00 - School Building Grant Program
Section 2.06 - Eligibility Period - Module 1

Universal Citation: 963 MA Code of Regs 963.2

Current through Register 1531, September 27, 2024

(1) Eligible Applicants that submit a Statement of Interest for consideration in the Core Program that, upon assessment, are approved by the Board of Directors of the Authority to proceed in the grant program, are first invited into the Eligibility Period phase of the Authority's grant program.

(2) Upon the commencement of the Eligible Applicant's Eligibility Period, the Eligible Applicant shall complete certain preliminary requirements within a timeframe prescribed by the Authority, including but not limited to, the requirements listed below.

(a) Initial Compliance Certification. The Authority shall not consider an Application if an Initial Compliance Certification has not been properly submitted to the Authority by the Eligible Applicant in the format developed by the Authority. The Initial Compliance Certification contains general program requirements to which the Eligible Applicant shall certify, some of which requirements are listed in 963 CMR 2.03(3). The Eligible Applicant shall certify in the Initial Compliance Certification current and future compliance with the provisions of the rules, regulations, policies and procedures of the Authority.

(b) School Building Committee Formation
1. The Eligible Applicant shall formulate a school building committee for the purpose of generally monitoring the Application process and to advise the Eligible Applicant during the construction of an Approved Project.

2. The school building committee shall be formed in accordance with the provisions of the Eligible Applicant's local charter and/or by-laws and it is recommended that the city, town, regional school district, or independent agricultural and technical school make a reasonable effort to include one or more of the following individuals: the local chief executive officer of the Eligible Applicant, or, in the case of a town whose local chief executive officer is a multi-party body, said body may elect one of its members to serve on the school building committee; the town administrator, town manager, or city manager, where applicable; at least one member of the school committee, as required by M.G.L. c. 71, § 68; the superintendent of schools; the local official responsible for building maintenance; a representative of the office or body authorized by law to construct school buildings in that city, town or regional school district, or for that independent agricultural and technical school; the school principal from the subject school; a member who has knowledge of the educational mission and function of the facility; a local budget official or member of the local finance committee; and members of the community with architecture, engineering and/or construction experience.

3. The Authority may hold "best practices" information sessions for the purposes of keeping school building committees up to date on regulatory and policy activities of the Authority.

4. The Eligible Applicant shall submit to the Authority for its approval, a written statement describing the composition of the school building committee and the role of the school building committee in monitoring the Application process and advising the Eligible Applicant during the construction of the Approved Project. The written statement shall be in a format prescribed by the Authority.

5. The Authority shall approve the composition of the school building committee which approval shall not be unreasonably withheld. The Authority's approval will be based on several factors, including, but not limited to: the composition of the school building committee and the extent to which there is representation of the municipal government; school district personnel with management, educational and maintenance expertise; and representation of members of the local community with design and construction experience. After the approval of the school building committee by the Authority, if any, the Eligible Applicant shall notify the Authority in writing within 20 business days of any changes to the membership or the duties of said committee. The Eligible Applicant shall make a reasonable effort to ensure the continuity of membership of the school building committee throughout the life of an Approved Project.

6. The Eligible Applicant shall not delegate their fiduciary responsibilities to the School Building Committee.

(c) Educational Profile Questionnaire. The Eligible Applicant shall complete an Educational Profile Questionnaire, in a format prescribed by the Authority, to further inform the Authority's understanding of the District's current and proposed educational facilities, teaching methodologies, grade configurations and program offerings.

(d) Maintenance Summary. The Eligible Applicant shall submit to the Authority a summary of the District's existing maintenance practices, in a format prescribed by the Authority.

(e) Enrollment Certification
1. An Eligible Applicant must submit to the Authority enrollment information and related documentation using the Authority's on-line enrollment projection system or as may otherwise be requested by the Authority.

2. The Authority and the Eligible Applicant shall have an enrollment conference to review the Enrollment Projection and discuss any supporting documentation that the Eligible Applicant may have provided. After the enrollment conference, the Eligible Applicant shall sign a study or design enrollment certification that documents the Enrollment Projection which shall be the basis for a potential project. No potential project shall progress though the Authority's capital pipeline process beyond this phase without the Eligible Applicant signing and submitting to the Authority the signed enrollment certification.

3. If a study enrollment certification is issued to the Eligible Applicant to study multiple enrollment options, the Authority shall update the certification to reflect the design enrollment that aligns with the Eligible Applicant's preferred schematic following approval of the Eligible Applicant's preferred schematic design by the Authority's Board of Directors.

4. If a design enrollment certification is agreed upon and executed by the Eligible Applicant, it shall not be adjusted for the life of the project without approval of the Board.

(f) Community Authorization. The Eligible Applicant shall submit to the Authority confirmation of community authorization and funding to proceed, such documentation shall be in the format prescribed by the Authority.

(g) Feasibility Study Agreement. The Eligible Applicant shall execute the Authority's standard Feasibility Study Agreement, which establishes the amount that the Authority has agreed to consider for reimbursement, a process for the District to be reimbursed for eligible costs, and a duration of work for the Feasibility Study.

(3) Invitation to Feasibility Study. Eligible Applicants that successfully complete the Eligibility Period requirements to the satisfaction of the Authority are eligible to receive an invitation from the Authority's Board of Directors to the Feasibility Study phase of the Authority's grant program.

(4) Districts that do not successfully complete the Eligibility Period requirements within the time period prescribed by the Authority shall be removed from the Authority's grant program unless the Authority provides an extension to complete such requirements. Such Eligible Applicants shall have to re-file Statement of Interest during the next open Statement of Interest filing period.

(5) An invitation to the Eligibility Period is not an invitation to Feasibility Study and it does not guarantee an invitation to the MSBA's capital pipeline.

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