Rhode Island Code of Regulations
Title 200 - Board of Education
Chapter 20 - Council on Elementary and Secondary Education
Subchapter 05 - General and School Operations
Part 4 - Rhode Island School Construction Regulations
Section 200-RICR-20-05-4.11 - Enforcement of Regulations and Compliance with the Memorandum of Agreement

A. During design, RIDE will review schematic design and design development documents as indicated in §4.9.3 of this Part. During construction, RIDE may visit the construction site to determine that the project is being built as approved. RIDE will review periodic construction progress reports. RIDE will review construction documents at the 60% completion stage and review change orders exceeding 10% of the original approval to determine that the project is proceeding as approved and in compliance with these regulations. The cost of change orders, which result in elements that diverge from or exceed the provisions of the Design and Educational Program and/or the Memorandum of Agreement, may be deemed ineligible for reimbursement. RIDE may inspect the completed facility, in operation, to ensure the project has been completed and is operating consistent with project approval by the Council and pursuant to the terms of the Memorandum of Agreement. RIDE or its representative reserves the right to conduct an Audit. Audit Materials, as defined in § 4.3 of this Part, shall be provided as requested.

B. In order to determine the eligible costs of an Approved Project, Districts will submit fiscal records to RIDE as prescribed by the Council to ensure that only eligible costs are included in the school housing aid reimbursement. Districts shall cooperate with RIDE or its designee, if any, in the conduct of a fiscal review. Such cooperation shall include, but not be limited to, scheduling, provision of adequate work space, requests for documents, access to personnel with knowledge of the Approved Project, access to Approved Project-related materials stored electronically, or any other requirement for the thorough and expeditious conduct of the review.

C. Except as provided herein, the cost of an audit shall be borne by RIDE. If RIDE determines that the District has not reasonably cooperated in the conduct of a review, is responsible for any delay in the review, or is determined to be making frivolous or non-meritorious appeals, RIDE may, in its sole discretion, deduct all or a portion of the cost of conducting the fiscal review from the District's school housing aid reimbursement.

D. Applicants shall maintain all records related to an Application and an Approved Project pursuant to the requirements established in § 4.10 of this Part.