Arkansas Administrative Code › Agency 005 - DEPARTMENT OF EDUCATION › Division 28 - Division of Elementary and Secondary Education › Rule 005.28.22-015 - Commission for Arkansas Public School Academic Facilities and Transportation Rules Governing the Academic Facilities Catastrophic Program

Current through Register Vol. 49, No. 6, June, 2024
THE COMMISSION FOR ARKANSAS PUBLIC SCHOOL ACADEMIC
				FACILITIES AND TRANSPORTATION RULES GOVERNING THE ACADEMIC FACILITIES
				CATASTROPHIC PROGRAM
Effective: May 2, 2022
1.00 REGULATORY AUTHORITY
The Commission for Arkansas Public School Academic Facilities
				and Transportation has authority to promulgate these Rules under Ark. Code Ann.
				§§
									6-20-2501
et
				seq.
and
				25-15-201
et seq.
2.00 PURPOSE
The purpose of these Rules is to establish a program and
				process of providing state financial participation to a school district based
				on a school district's academic facilities wealth index for eligible
				catastrophic repairs and new construction projects to supplement insurance or
				other public or private emergency assistance received by or payable to the
				school district.
3.00
			 DEFINITIONS
3.01 "Academic facility" has the
			 same meaning as in Ark. Code Ann. § 6-202502(2).
3.02 "Academic facilities wealth index" has
			 the same meaning as in Ark. Code Ann. §
									6-20-2502(1).
3.03 "Act of God or violence" means an act,
			 event, happening, or occurrence due to natural or man-made causes (whether a
			 criminal act or otherwise) such as flood, tornado, fire, earthquake, explosion,
			 or other disasters that could not have been prevented by reasonable
			 maintenance, repair, or renovation of an academic facility.
3.04 "Average daily membership" has the same
			 meaning as in Ark. Code Ann. §
									6-20-2502(3).
3.05 "Catastrophic project" means a repair,
			 renovation, or new construction project necessary due to such great damage or
			 destruction to an academic facility caused by an Act of God or
			 violence.
3.06 "Commission" means
			 the Commission for Arkansas Public School Academic Facilities and
			 Transportation.
3.07 "Division"
			 means the Arkansas Division of Public School Academic Facilities and
			 Transportation.
3.08 "Local
			 enhancements" means the portion of any maintenance, repair, or renovation
			 project or new construction project that is designed to bring an academic
			 facility or related areas such as the physical plant or grounds to a state or
			 condition or efficiency that exceeds state academic facilities
			 standards.
3.09 "Local resources"
			 means any moneys lawfully 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 defining a self-funded
			 project.
3.10 "Maintenance, repair,
			 and renovation" means any activity or improvement to an academic facility and,
			 if necessary, related areas such as the physical plant and grounds that
			 maintains, conserves, or protects the state of condition or efficiency of an
			 academic facility.
3.11 "Millage
			 rate" means the millage rate listed in the most recent tax ordinance approved
			 by the county quorum court under the authority of Ark. Code Ann. §
									14-14-904.
3.12 "New construction" means 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.
3.13 "Project" means an undertaking in which
			 a school district engages in:
3.13.1
			 Maintenance, repair and renovation activities with regard to an academic
			 facility;
3.13.2 New construction
			 of an academic facility; or
3.13.3
			 Any combination of maintenance, repair, and renovation activities with regard
			 to an academic facility and new construction activities with regard to an
			 academic facility.
3.14
			 "Space utilization" means the number of gross square feet per student in a
			 public school academic facility adjusted for academic program, school
			 enrollment, grade configuration, and type of public school in accordance with
			 rules promulgated by the Commission for Arkansas Public School Academic
			 Facilities and Transportation.