Arkansas Administrative Code › Agency 005 - DEPARTMENT OF EDUCATION › Division 28 - Division of Elementary and Secondary Education › Rule 005.28.20-001 - Commission for Arkansas Public School Academic Facilities and Transportation Rules Governing the Academic Facilities Partnership Program

Current through Register Vol. 49, No. 6, June, 2024
1.00 AUTHORITY
The Commission for Arkansas Public School Academic Facilities
				and Transportation (CAPSAFT) authority for promulgating these Rules is pursuant
				to Ark. Code Ann. §§
									6-21-114,
				6-20-2507,
				6-20-2512,
				25-15-201
et seq.,
and Act 1080 of 2019.
2.00 PURPOSE AND SCOPE
2.01 The purpose of these Rules is to
			 establish a process whereby the Arkansas Division of Public School Academic
			 Facilities and Transportation shall provide state financial participation based
			 upon a school district's academic facilities wealth index in the form of cash
			 payments to a school district for eligible new construction projects.
2.02 CAPSAFT Rules Governing the Academic
			 Facilities Partnership Program that were in effect July 25, 2016, apply to
			 2019-2021 project funding cycle.
3.00 DEFINITIONS - For the purpose of these
			 Rules, the following terms mean:
3.01 "Academic Facility" - A building or
			 space, including related areas such as the physical plant and grounds, where
			 public school students receive instruction that is an integral part of an
			 adequate education as described in Ark. Code Ann. §
								6-20-2302.
3.01.1 A public school building or space,
			 including related areas such as the physical plant and grounds, used for an
			 extracurricular activity or an organized physical activity course as defined in
			 Ark. Code Ann. §
									6-16-137 shall not be considered an
			 academic facility for the purposes of funding in these Rules to the extent that
			 the building, space, or related area is used for extracurricular activities or
			 organized physical activities courses, except for physical educational training
			 and instruction under Ark. Code Ann. §
									6-16-132;
3.01.2 The Division of Public School Academic
			 Facilities and Transportation may determine the extent to which a building,
			 space, or related area is used for extracurricular activities or organized
			 physical activities courses based on information supplied by the school
			 district and, if necessary, on-site inspection;
3.01.3 Buildings or spaces, including related
			 areas such as the physical plant and grounds, used for pre-kindergarten
			 education shall not be considered academic facilities for purposes of funding
			 in these Rules;
3.01.4 District
			 administration buildings and spaces, including related areas such as the
			 physical plant and grounds, shall not be considered academic facilities for the
			 purpose of these Rules; and
3.01.5
			 Facilities owned, operated, or both, by education service cooperatives, as well
			 as leased facilities (other than facilities which are part of a lease purchase
			 agreement), portable buildings, modular buildings and facilities owned by
			 others but occupied by school districts are not considered academic school
			 facilities for purposes of these Rules.