Code of Massachusetts Regulations › 963 CMR - MASS. SCHOOL BUILDING AUTHORITY › Title 963 CMR 2.00 - School Building Grant Program › Section 2.06 - Eligibility Period - Module 1

Current through Register 1525, July 5, 2024
(1) Eligible
			 Applicants that submit a Statement of Interest for consideration in the Core
			 Program that, upon assessment, are approved by the Board of Directors of the
			 Authority to proceed in the grant program, are first invited into the
			 Eligibility Period phase of the Authority's grant program.
(2) Upon the commencement of the Eligible
			 Applicant's Eligibility Period, the Eligible Applicant shall complete certain
			 preliminary requirements within a timeframe prescribed by the Authority,
			 including but not limited to, the requirements listed below.
(a)
Initial Compliance
			 Certification
. The Authority shall not consider an Application if
			 an Initial Compliance Certification has not been properly submitted to the
			 Authority by the Eligible Applicant in the format developed by the Authority.
			 The Initial Compliance Certification contains general program requirements to
			 which the Eligible Applicant shall certify, some of which requirements are
			 listed in
			 963
			 CMR 2.03(3). The Eligible
			 Applicant shall certify in the Initial Compliance Certification current and
			 future compliance with the provisions of the rules, regulations, policies and
			 procedures of the Authority.
(b)
School Building Committee Formation
1. The Eligible Applicant shall formulate a
			 school building committee for the purpose of generally monitoring the
			 Application process and to advise the Eligible Applicant during the
			 construction of an Approved Project.
2. The school building committee shall be
			 formed in accordance with the provisions of the Eligible Applicant's local
			 charter and/or by-laws and it is recommended that the city, town, regional
			 school district, or independent agricultural and technical school make a
			 reasonable effort to include one or more of the following individuals: the
			 local chief executive officer of the Eligible Applicant, or, in the case of a
			 town whose local chief executive officer is a multi-party body, said body may
			 elect one of its members to serve on the school building committee; the town
			 administrator, town manager, or city manager, where applicable; at least one
			 member of the school committee, as required by M.G.L. c. 71, § 68; the
			 superintendent of schools; the local official responsible for building
			 maintenance; a representative of the office or body authorized by law to
			 construct school buildings in that city, town or regional school district, or
			 for that independent agricultural and technical school; the school principal
			 from the subject school; a member who has knowledge of the educational mission
			 and function of the facility; a local budget official or member of the local
			 finance committee; and members of the community with architecture, engineering
			 and/or construction experience.
3.
			 The Authority may hold "best practices" information sessions for the purposes
			 of keeping school building committees up to date on regulatory and policy
			 activities of the Authority.
4. The
			 Eligible Applicant shall submit to the Authority for its approval, a written
			 statement describing the composition of the school building committee and the
			 role of the school building committee in monitoring the Application process and
			 advising the Eligible Applicant during the construction of the Approved
			 Project. The written statement shall be in a format prescribed by the
			 Authority.
5. The Authority shall
			 approve the composition of the school building committee which approval shall
			 not be unreasonably withheld. The Authority's approval will be based on several
			 factors, including, but not limited to: the composition of the school building
			 committee and the extent to which there is representation of the municipal
			 government; school district personnel with management, educational and
			 maintenance expertise; and representation of members of the local community
			 with design and construction experience. After the approval of the school
			 building committee by the Authority, if any, the Eligible Applicant shall
			 notify the Authority in writing within 20 business days of any changes to the
			 membership or the duties of said committee. The Eligible Applicant shall make a
			 reasonable effort to ensure the continuity of membership of the school building
			 committee throughout the life of an Approved Project.
6. The Eligible Applicant shall not delegate
			 their fiduciary responsibilities to the School Building Committee.
(c)
Educational
			 Profile Questionnaire
. The Eligible Applicant shall complete an
			 Educational Profile Questionnaire, in a format prescribed by the Authority, to
			 further inform the Authority's understanding of the District's current and
			 proposed educational facilities, teaching methodologies, grade configurations
			 and program offerings.
(d)
Maintenance Summary
. The Eligible Applicant shall
			 submit to the Authority a summary of the District's existing maintenance
			 practices, in a format prescribed by the Authority.
(e)
Enrollment
			 Certification
1. An Eligible
			 Applicant must submit to the Authority enrollment information and related
			 documentation using the Authority's on-line enrollment projection system or as
			 may otherwise be requested by the Authority.
2. The Authority and the Eligible Applicant
			 shall have an enrollment conference to review the Enrollment Projection and
			 discuss any supporting documentation that the Eligible Applicant may have
			 provided. After the enrollment conference, the Eligible Applicant shall sign a
			 study or design enrollment certification that documents the Enrollment
			 Projection which shall be the basis for a potential project. No potential
			 project shall progress though the Authority's capital pipeline process beyond
			 this phase without the Eligible Applicant signing and submitting to the
			 Authority the signed enrollment certification.
3. If a study enrollment certification is
			 issued to the Eligible Applicant to study multiple enrollment options, the
			 Authority shall update the certification to reflect the design enrollment that
			 aligns with the Eligible Applicant's preferred schematic following approval of
			 the Eligible Applicant's preferred schematic design by the Authority's Board of
			 Directors.
4. If a design
			 enrollment certification is agreed upon and executed by the Eligible Applicant,
			 it shall not be adjusted for the life of the project without approval of the
			 Board.
(f)
Community Authorization
. The Eligible Applicant shall
			 submit to the Authority confirmation of community authorization and funding to
			 proceed, such documentation shall be in the format prescribed by the
			 Authority.
(g)
Feasibility Study Agreement
. The Eligible Applicant
			 shall execute the Authority's standard Feasibility Study Agreement, which
			 establishes the amount that the Authority has agreed to consider for
			 reimbursement, a process for the District to be reimbursed for eligible costs,
			 and a duration of work for the Feasibility Study.