Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 21 - SCHOOL PROPERTY AND SUPPLIES (§§ 6-21-101 — 6-21-817) › Subchapter 8 - ARKANSAS PUBLIC SCHOOL ACADEMIC FACILITIES PROGRAM ACT (§§ 6-21-801 — 6-21-817) › Section 6-21-809 - Arkansas Public School Academic Facility Manual

(a)
The Arkansas Public School Academic Facility Manual shall contain uniform standards to guide the planning, design, and construction of new public school academic facilities and additions to existing public school academic facilities.
(b)
Design and construction standards shall include provisions addressing the following areas:
(1)
Planning concepts related to current educational best practices, special education, workforce development, and program and design capacity;
(2)
Organizational, facility, program, and service issues, including grade configuration, school size, and class size;
(3)
(A)
Site selection, including without limitation guidelines about site size and site amenities, such as site access, grading, drainage, drives, parking, walks, fencing, exterior security provisions, exterior lighting, mechanical yards, electrical yards, site furnishings, play fields, playgrounds, and landscaping.
(B)
(i)
A public school district shall notify the Arkansas Department of Transportation of its site selection under subdivision (b)(3)(A) of this section.
(ii)
Upon receipt of notification under subdivision (b)(3)(B)(i) of this section, the department may perform a traffic impact analysis to determine the impact the public school district's facility design or construction project may have on traffic.
(iii)
A public school district may incorporate the results and recommendations that address the results of the traffic impact analysis into the design plan for a public school district facility design or construction project.
(iv)
Notwithstanding other statutes to the contrary, the cost of any recommendations under subdivision (b)(3)(B)(iii) of this section may be considered an eligible construction expense for any design or construction project undertaken by a public school district.
(v)
(a)
Nonrevenue receipts of a school district and revenue receipts of a school district, as defined under §
6-20-401(3) and (4)
, may be used to pay for the cost of any recommendations under subdivision (b)(3)(B)(iii) of this section.
(b)
However, facilities partnership funds shall not be used to pay for the cost of recommendations under subdivision (b)(3)(B)(iii) of this section.
(vi)
The Commission for Arkansas Public School Academic Facilities and Transportation shall, in consultation with the department, promulgate rules necessary to implement this subdivision (b)(3)(B);
(4)
Standards for size and quantity of instruction and support spaces;
(5)
Program space guidelines, including necessary features, loose furnishings, and finishes related to identified programs and services;
(6)
Design standards and guidelines regarding the quality of materials and systems for the following building systems:
(A)
Fire and safety;
(B)
Roofing;
(C)
Structural;
(D)
Heating, ventilation, and air conditioning;
(E)
Plumbing;
(F)
Electrical;
(G)
Exterior;
(H)
Interior;
(I)
Technology; and
(J)
Specialties, including equipment and furnishings; and
(7)
Repair and construction cost guidelines.
(c)
The manual shall also include provisions addressing the following areas:
(1)
(A)
A process by which a school district may apply for a variance from applicable academic facility standards upon presenting evidence of:
(i)
The existence of conditions that make compliance with applicable standards impractical or unreasonably burdensome; and
(ii)
Other conditions determined by the Division of Public School Academic Facilities and Transportation as warranting a variance from applicable public school academic facility standards.
(B)
The variance provision shall address minimum standards for academic facilities that are reasonably expected to close or be replaced within three (3) years;
(2)
Review and approval of all plans and designs for major building systems related to new construction of academic facilities before preparation of final bid or other applicable procurement documents;
(3)
Site inspections of all major building and design systems at appropriate stages of construction;
(4)
Contingency plans for review and inspection by the division if appropriate state, local, or other officials are unable or unwilling to complete an appropriate plan review or site inspection; and
(5)
The short-term temporary use of premanufactured portable buildings.
(d)
The division shall review and update the manual on an annual basis.
Amended by Act 2019, No. 858,§ 1, eff. 7/24/2019.
Amended by Act 2015, No. 722,§ 4, eff. 7/22/2015.
Acts 2005, No. 1426, § 1.