Arkansas Administrative Code › Agency 203 - Commission for Public School Academic Facilities and Transportation › Division 01 - Division of Public School Academic Facilities and Transportation › Rule 203.01.21-005 - Rules Governing the Facilities Master Plan

Current through Register Vol. 49, No. 6, June, 2024
COMMISSION FOR ARKANSAS PUBLIC SCHOOL ACADEMIC FACILITIES
				AND TRANSPORTATION RULES GOVERNING THE FACILITIES MASTER PLAN
Effective: May 2, 2022
1.00 REGULATORY AUTHORITY
The Commission for Arkansas Public School Academic Facilities
				and Transportation promulgates these Rules pursuant to Ark. Code Ann.
				§§
									6-21-114,
				6-21-804,
				25-15201
et seq
., and Act 126 of 2021.
2.00 PURPOSE
The purpose of these Rules is to establish a program and
				process for establishing a format for districts to create facilities master
				plans in accordance with State legislation, in an ongoing effort to remediate
				deficiencies in academic facilities.
3.00 DEFINITIONS
3.01 "Academic facility" has the same meaning
			 as in Ark. Code Ann. §
									6-21-803(1).
3.02 "Amended Facilities Master Plan" - A
			 revised Facilities Master Plan, submitted at any time during the six-year cycle
			 if a district has encountered one of the following conditions:
3.02.1 A major enrollment change;
3.02.2 A major disaster;
3.02.3 A major curriculum change;
			 or
3.02.4 An unforeseen
			 occurrence.
3.02.5 The format for
			 submission of an Amended Facilities Master Plan is the same as the format for
			 the Facilities Master Plan due on February 1 of every even year. This is
			 contained in the Master Plan Guidelines located on the district landing page
			 accessed when the district signs into the master planning tool.
3.03 "Annexation" - The joining of
			 an affected school district or part of the school district with a receiving
			 district under Ark. Code Ann. §§
									6-13-1401 et
			 seq.
3.04 "Appendix" - A shortened
			 amendment to an approved Master Plan submitted if a district has begun or
			 completed a self-funded project over which the Division has only review
			 authority, but that was omitted from the Master Plan submittal. The format for
			 submission will be as outlined in the most current Master Plan
			 Guidelines.
3.05 "Building" - Any
			 structure used or intended for supporting or sheltering any use or occupancy.
3.05.1 "Building" does not include a shed or
			 other structure not capable of supporting occupancy.
3.06 "Building Value" - A percentage value
			 reflecting the depreciated value of an academic facility with an assumed
			 depreciation of two percent (2%) per year. Building Value does not consider
			 improvements that may have been made to the facility.
3.06.1 Building Value is calculated by
			 multiplying two (2) times the age of the academic facility, and subtracting
			 that product from one hundred (100) (Building Value = 100 - (2 x age)). The
			 output of this equation may be a positive or negative percentage.
3.06.2 For the purpose of this calculation,
			 an academic facility's age is calculated as the difference between the master
			 plan year and the year of the facility's construction.
3.06.3 When an academic facility has multiple
			 additions constructed at different times, a building value may be computed for
			 each addition.
3.06.4 Building
			 value will be used to develop the Division's state-wide needs priority list per
			 Ark. Code Ann. §
										6-21-112(f)(18).
3.06.5 Districts are not required to replace
			 an academic facility when the building value is at or below zero percent
			 (0%).
3.07 "CMMS"
			 (Computerized Maintenance Management System) - The computerized software system
			 purchased by the Division at no cost to the districts that school districts
			 shall use to:
3.07.1 Enter and track all
			 reactive and preventative maintenance work;
3.07.2 Enter all preventative maintenance
			 schedules for academic and nonacademic facilities' systems;
3.07.3 Document all completed reactive and
			 preventative maintenance work; and
3.07.4 Schedule all state-mandated
			 inspections as required under Ark. Code Ann. §
										6-21-813(e).
3.08 "Consolidation" - The joining
			 of two (2) or more school districts or parts of the districts to create a new
			 single school district under Ark. Code Ann. §§ 613-1401 et
			 seq.
3.09 "Conversion Project" - A
			 new construction project subject to the criteria and restrictions set forth in
			 the Commission for Arkansas Public School Academic Facilities and
			 Transportation Rules Governing the Academic Facilities Partnership Program that
			 converts existing academic or non-academic space into:
3.09.1 A missing academic core, special
			 education, or student dining component of the Program of Requirements (POR),
			 and the conversion project is part of an addition project for which the
			 district has applied for partnership assistance; or
3.09.2 A missing academic core space only and
			 is in compliance with the POR space requirements.
3.10 "Custodial activities" - Routine and
			 renovation cleaning activities related to daily operations and upkeep of a
			 public school facility, including related supervisory and management
			 activities.
3.11 "Division" - The
			 Division of Public School Academic Facilities and Transportation.
3.12 "Facility Condition Index" - The index
			 obtained by dividing the existing condition costs (the cost to bring a public
			 school academic facility up to current standards) by the facility's replacement
			 cost, using data that the Division has available.
3.13 "Facilities distress status" - A public
			 school district classified by the Commission for Public School Academic
			 Facilities and Transportation as being in academic facilities distress
			 status.
3.14 "Facilities master
			 plan" - A six (6) year plan developed by a school district that contains:
3.14.1 Division-provided enrollment
			 projections for ten (10) years from the date of the plan;
3.14.2 The school district's strategy for
			 maintaining, repairing, renovating, and improving through new construction or
			 otherwise the school district's academic facilities and equipment;
			 and
3.14.3 Other information
			 required by law.
3.15
			 "Foundation funding" has the same meaning as in Ark. Code Ann. §
			 6-202303(7).
3.16 "Local resources"
			 - Any monies generated by a school district for the purpose of funding the
			 school district's share of financial participation in any academic facilities
			 project for which a school district is eligible to receive state financial
			 participation under priorities established by the Division. Also referred to as
			 "raised funds" for the purpose of self-funded projects.
3.17 "Maintenance, repair, and renovation" -
			 Any activity or improvement to a public school facility and, if necessary,
			 related areas, such as the physical plant and grounds, that maintains,
			 conserves, or protects the state, condition or efficiency of the public school
			 facility.
3.18 "Master Plan
			 Guidelines" - Formatting and submission instructions published by the Division
			 on its website for the purpose of submitting master plans.
3.19 "New construction" - Any improvement to
			 an academic facility and, if necessary, related areas, such as the physical
			 plant and grounds, that brings the state of condition or efficiency of the
			 academic facility to a state of condition or efficiency better than the
			 academic facility's current condition of completeness or efficiency. New
			 construction includes a new addition to an existing academic facility and
			 construction of a new academic facility.
3.19.1 No state financial participation will
			 be provided for improvements that could be classified as maintenance, repair,
			 and renovation, other than a total renovation project. That portion of a new
			 construction project that consists of maintenance, repair, or renovation will
			 not be considered in calculating state financial participation in a new
			 construction project, nor in prioritization of a new construction
			 project.
3.20 "Project" -
			 An undertaking in which a school district engages in:
3.20.1 Maintenance, repair, and renovation
			 activities with regard to an academic facility;
3.20.2 New construction of an academic
			 facility;
3.20.3 Any combination of
			 maintenance, repair, and renovation activities with regard to an academic
			 facility and new construction activities with regard to an academic facility;
			 or
3.20.4 Installation of any
			 temporary door barricade designed to be deployed during an intruder emergency
			 or school lockdown.
3.21
			 "Public School Facility" - Has the same meaning as in Ark. Code Ann. §
									6-21-803(13).
3.22 "Public School Facilities Custodial,
			 Maintenance, Repair and Renovation Manual" - A document that contains uniform
			 standards to direct custodial, maintenance, repair, and renovation activities
			 in public school facilities.
3.23
			 "Public School Academic Facility Manual" - A document that contains uniform
			 standards and guidelines for the planning, design, and construction of new
			 academic facilities and additions to existing academic facilities.
3.23.1 Variances to the Arkansas Public
			 School Academic Facility Manual standards may be granted by the Division upon
			 the presentation of evidence of:
3.23.1.1
			 Existing conditions that makes compliance with applicable standards impractical
			 or unreasonably burdensome; or
3.23.1.2 Other conditions determined by the
			 Division as warranting a variance from applicable public school academic
			 facility standards.
3.24 "Reconstitution" - Has the same meaning
			 as in Ark. Code Ann. §
									6-21-803(14).
3.25 "School district" - Has the same meaning
			 as in Ark. Code Ann. §
									6-21-803(15).
3.26 "Self-Funded Project" - A project that
			 is one hundred percent (100%) funded by a school district, that shall be
			 submitted to and approved by the Division upon compliance with state codes and
			 standards. It will be submitted as an Appendix to the most current school
			 district Master Plan.
3.27
			 "Temporary Door Barricade" - A device or system designed to be deployed during
			 an intruder emergency or school lockdown to preclude intruders from entering
			 any classroom or learning space.
3.28 "Unused or Underutilized Public School
			 Facility" - Has the same meaning as in the Commission for Arkansas Public
			 School Academic Facilities and Transportation Rules Governing Right of Access
			 to Unused or Underutilized Public School Facilities and the Sale or Lease of
			 Public School Facilities.
3.29
			 "Work Order" - An approved work request that will be tracked using the
			 CMMS.
3.30 "Work Request" - The
			 initial identification of a perceived maintenance need to the maintenance
			 department of a public school. A work request may or may not be identified by a
			 designated official to be a work order.