Current through Vol. 42, No. 1, September 16, 2024
(a)
Applications; solicitation and acceptance.
(1) At such a point in the legislative
session that state funds are appropriated for disaster assistance grants for
the purpose of defraying the cost of buildings destroyed by a natural disaster,
the State Department of Education shall notify by letter, information
announcing the availability of funds.
(2) The notification letter will clearly
state which applications are being solicited and state the name and telephone
number of the contact person at the Department who administers each
program.
(3) Applications may be
obtained by calling or writing the contact person and requesting an application
form.
(4) Grant application forms
are to be completed and returned to the grant administrator approximately one
month after applications are made available. A specific deadline date will be
clearly stated in the application solicitation letter. This date may vary from
year to year depending on the point in the legislative session that grant funds
are appropriated.
(5) The
evaluation of the grant applications will take place within two weeks following
the submission deadline.
(6) After
evaluation, the grant administrator will recommend to the Superintendent of
Public Instruction those applications which have been determined to be eligible
for funding.
(7) The State Board of
Education will make final grant awards approximately one month after the
submission deadline. Every effort will be made by the Board to assure that
grant awards are made before the beginning of the fall term for the school year
in which the funds will be made available.
(8) Grant awards are not final until action
has been taken by the State Board of Education.
(9) State Department personnel shall visit
the site prior to determination of eligibility for grant application.
(10) The school district is required to
present a "Proof of Loss" (such as a detailed certified appraisal from the
insurance adjustor) and copies of documents showing insurance reimbursements
and funds from Federal reimbursements used to repair or rebuild the damaged
area.
(11) The State Department of
Education shall use the standards established by the U.S. Department of
Education for determination of eligible expenditures.
(12) Grant funds shall comply with the State
Board of Education regulations on budgeting and business management and are
subject to normal auditing review.
(b)
Replacement of instructional and
maintenance supplies, equipment, and materials. The State may authorize
assistance for the replacement of instructional and maintenance supplies,
equipment, and materials-including textbooks that have been seriously damaged
or destroyed as a result of a disaster.
(c)
Payment of minor repairs.
(1) The State may authorize assistance for
payment for minor repairs greater than $1,000.
(A) Repair of a school facility is considered
minor if the repair:
(i) Relates to an
architectural, mechanical, or structural element of the facility, or its site,
grading, or surrounding improvements;
(ii) Restores a portion of the facility to a
condition similar to its condition before the disaster; and
(iii) Replaces more than 30 percent of any
one major structural element, such as a loadbearing wall or roof truss, that
supports the weight of the facility, or;
(iv) Replaces more than 30 percent of a major
structural element.
(B)
Use of funds for construction must meet the following:
(i) A Local Education Agency (LEA) may choose
to apply grant funds available for minor repairs to a damaged school facility
or to the razing of the facility and the construction of a new facility similar
to that damaged facility.
(ii) The
LEA must pay all additional costs associated with its choice to construct a new
facility rather than to repair the damaged facility.
(C) Repair of equipment and materials must
meet the following:
(i) Repair of equipment
and materials is considered minor if the repair costs less than replacement of
the equipment and materials.
(ii)
Unless the exception applies, an LEA must repair rather than replace damaged
equipment and materials if this repair is minor.
(iii) Exception: An LEA may choose to apply
grant funds available for minor repairs to damaged equipment and materials to
the purchase of new equipment and materials providing the LEA pays all
additional costs associated with that choice.
(d)
Restoration or
replacement of school facilities.
(1)
The State may authorize assistance for the restoration or replacement of
seriously damaged or destroyed (in excess of $1,000) minimum school
facilities.
(2) A school facility
is considered to be seriously damaged if it is necessary to restore or replace
more than 30 percent of a major structural element, such as a load-bearing wall
or roof truss, that supports the weight of the facility.
(3) Assistance is limited to those facilities
that are necessary to operate a program of free public education for an LEA's
membership at normal capacity in accordance with the laws and common practice
of the State and that prior to the disaster, were either:
(A) In use by the LEA; or
(B) Being constructed by the LEA.
(4) For facilities seriously
damaged but not destroyed, assistance is limited to the lesser of:
(A) The cost of restoring the facility;
or
(B) The cost of replacing the
facility.
(5) For
facilities that have been destroyed, assistance is limited to the lessor of:
(A) The cost of replacing the facility on the
same site; or
(B) The cost of
replacing the facility on another appropriate site.
(6) An LEA that restores or replaces a
minimum school facility shall give appropriate consideration to excellence of
architecture and design.
(7) An LEA
that restores or replaces a minimum school facility shall ensure that all
facilities constructed with assistance under this program provide appropriate
access and use by handicapped persons.
(e)
Additional eligible
expenses. The replacement of building contents, debris removal and
cleanup, leasing of school facilities, payment for additional work performed by
the district and utilities shall be eligible expenses.
(f)
Evaluation criteria.
(1) The State Department of Education School
Plant Services section will evaluate each application based on the parameters
established in the application. These parameters are:
(A) Certification of loss
(B) Certification of insurance
Reimbursement
(C) Certification of
Federal Reimbursement or assistance.
(D) Certification of any Local Funds or
assistance.
(E) Amount of Loss not
recovered by other means in excess of $1,000.00 with no district to receive
more than $40,000.
(2)
After evaluation of the applications, the School Plant Services staff shall
submit the applications to the State Board of Education for appropriate
action.
(3) In the event of
insufficient appropriation to meet the anticipated funding requirements, all
applications shall be adjusted to a proportional share of the amount of the
appropriations established by the Legislature.