New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 27 - PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL
Part 3 - APPLICATION AND GRANT ASSISTANCE PROCEDURES AND REQUIREMENTS RELATING TO PREVENTIVE MAINTENANCE PLANS
Section 6.27.3.13 - GRANT ASSISTANCE DETERMINATIONS

Universal Citation: 6 NM Admin Code 6.27.3.13

Current through Register Vol. 35, No. 18, September 24, 2024

A. The council shall consider all applications meeting the requirements of this rule and, after public hearing and consideration of recommendations by the authority and by any subcommittee that may be appointed by the chair for this purpose, approve those applications selected for grant assistance during the allocation cycle.

B. The council shall prioritize all applications using the statewide adequacy standards. The amount of outstanding deviation from the standards as shown in the New Mexico condition index ranking shall be used by the council in evaluating and prioritizing public school capital outlay projects; provided however, that the council may fashion such solutions to the needs established by the rankings as appropriate and also, in making its awards based on the priorities, the council may consider:

(1) the timeliness of a district's ability to provide its match;

(2) phasing possibilities or the ability to totally fund and complete a project;

(3) the need for additional planning time;

(4) the inability of a district to be able to effectuate multiple awards in terms of actual construction;

(5) the status of the district's financial audits;

(6) the impact on its educational program; and

(7) such other factors as the council may deem relevant or appropriate.

C. Notwithstanding the provisions of subsection B of this section, in an emergency in which the council determines that the health or safety of students or school personnel is at immediate risk or where there is a threat of significant property damage if immediate action is not taken, the council may award emergency grant assistance pursuant to Subsection C of 6.27.2.9 NMAC for a project using criteria other than the statewide adequacy standards.

D. The council shall make its allocations for grant assistance in a manner that the council determines will maximize the utilization of the available funding for any given allocation cycle. This determination may include allocations for grant assistance for one or more phases of a project upon the recommendation of the authority and any subcommittee of the council appointed by the chair for this purpose.

E. An application for grant assistance shall not be approved unless the council makes a determination that:

(1) the public school capital outlay project is needed and is included in the school district's top priorities;

(2) the school district has used its resources in a prudent manner as demonstrated by the school district's adherence to the priorities established in its master plan, its implementation of a preventive maintenance plan and such other information as the council finds relevant;

(3) the school district has provided insurance for buildings of the local school district in accordance with the provisions of Section 13-5-3 NMSA 1978;

(4) the school district has submitted a five-year facilities plan that meets the requirements of Subsection A of Section 6.27.3.12 of this rule;

(5) the school district has implemented an updated preventive maintenance plan and is effectively utilizing the facility information management system (FIMS) to meet the requirements of 6.27.3.11 of this rule;

(6) school district is willing and able to pay any portion of the total cost of the public school capital outlay project not funded with grant assistance from the fund;

(7) the school district has addressed the capital needs of any charter schools located in the district by including the needs in the application or demonstrating that the facilities of the charter school has a smaller deviation from the statewide adequacy standards than other district facilities included in the application; and

(8) the school district has agreed in writing to comply with any reporting requirements or conditions established by the council pursuant to Section 22-24-5.1 NMSA 1978. The school district must acknowledge that the council may direct that the authority manage and provide direct administration of the project, either as a condition of approval of the project or upon a finding by the council that the project is repeatedly in substantial noncompliance with any reporting requirement or condition.

F. Upon recommendation of the authority, the council shall determine whether direct or indirect project management by the authority shall apply to the project. In making its recommendation, the authority shall consider:

(1) the district's preference and financial capabilities, including a determination by the council authorizing direct payment to the contractor;

(2) the district's capacity, including training and certification in procurement and contract requirements; and

(3) the authority's staffing capacity.

G. Approval of a project by the council may include such necessary and reasonable conditions or contingencies imposed by the council to ensure that the project meets the requirements of law and rule and is effectively and prudently administered and managed.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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