For the purpose of this part:
- (1) “Academic Facilities Partnership Program” means the process under which the 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)
- (A) “Academic facilities wealth index” means a percentage derived from the computations set forth in Arkansas Code § 6-20-2502(1).
- (B) In the case of a voluntary consolidation or annexation, the academic facilities wealth index shall be calculated as specified in Arkansas Code § 6-20-2510(b);
(3)
- (A) “Academic facility” means 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 Arkansas Code § 6-20-2302.
- (B) 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 Arkansas Code § 6-16-137 shall not be considered an academic facility for the purposes of funding in this part 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 Arkansas Code § 6-16-132.
- (C) 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.
- (D) Buildings or spaces used for prekindergarten education, including related areas such as the physical plant and grounds, shall not be considered academic facilities for purposes of funding.
- (E) District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities.
- (F) Facilities owned, operated, or both, by education service cooperatives, as well as leased facilities (other than facilities that 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.
(G)
- (i) In order to be eligible for Academic Facilities Partnership Program funding, facility spaces must be fully utilized only for academic purposes.
- (ii) The Division of Public School Academic Facilities and Transportation may monitor facility use, and if funded facility spaces are not being utilized entirely for academic instruction, the Division of Public School Academic Facilities may require full or partial repayment of any state financial participation in the facility;
(4)
- (A) “Additions” means additional academic areas or spaces that are constructed as a part of or separate additions to an existing academic area or space, and that fall under the definition of “new construction” contained in subdivision (21) of this section.
- (B) Additions will be considered only for missing academic space.
(C)
- (i) Any additions must be connected to the standing facility directly or by a conditioned and fully enclosed walkway (hallway), and must be at least ten thousand square feet (10,000 sq. ft.).
- (ii) If site conditions or projected enrollment make this provision unduly burdensome, the Division of Public School Academic Facilities and Transportation will consider a waiver;
(5)
- (A) “Alternative project” means a project proposed by the Division of Public School Academic Facilities and Transportation that will accomplish creating a safe, dry, and healthy atmosphere, meet the suitability need of the school district or individual school facility, and is in compliance with the state standards.
- (B) The Division of Public School Academic Facilities and Transportation will coordinate the development of an alternative project with the school district;
- (6) “Arkansas Public School Academic Facilities Manual” means a document that contains uniform standards to guide the planning, design, and construction of new academic facilities and additions to existing academic facilities, which can be found in this part at Appendix A and can also be accessed on the Division of Public School Academic Facilities and Transportation’s website;
(7)
(A)
- (i) “Building value” means a percentage value reflecting the depreciated value of an academic facility with an assumed depreciation of two percent (2%) per year.
- (ii) Building value does not consider improvements that may have been made to the facility.
(B)
- (i) Building value is calculated by multiplying two (2) times the age of the academic facility, and subtracting that product from one hundred (100) (Value = 100 – (2 x Age)).
- (ii) The output of this equation may be a positive or negative percentage.
- (C) 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 completion.
- (D) When an academic facility has multiple additions constructed at different times, a building value shall be computed for each addition.
- (E) Building value will be used to develop the Division of Public School Academic Facilities and Transportation’s statewide needs priority list per Arkansas Code § 6-21-112(f)(18).
- (F) Districts are not required to replace an academic facility when the building value is at or below zero percent (0%), nor is a building value of zero percent (0%) or below sufficient justification for state financial participation in replacing a facility;
(8)
- (A) “Campus value” means a composite percentage value of depreciated building values that includes all of the academic facilities on a campus.
- (B) Campus value is calculated by multiplying the building value of each individual academic facility on a campus by the area in square feet of that individual facility, then adding together the products of that calculation for all academic facilities on the campus, and then dividing that sum by the overall area in square feet of all academic facilities on the campus.
- (C) In instances where multiple campuses are involved with a Warm, Safe, and Dry Security System project as defined in subdivision (41)(B)(i)(b)(1) of this section, a campus value may be computed using the same process for all the campuses involved with the project;
- (9) “Commission” means the Commission for Arkansas Public School Academic Facilities and Transportation;
- (10) “Configuration” means the systematic grouping of grades as determined by the school district at any school or schools campus.
- (11) “Consolidation or annexation project” means a new, complete school campus or one (1) or more additions to existing campuses for the specific purpose of supporting a voluntary consolidation or annexation petition brought by two (2) or more contiguous districts and approved by the State Board of Education pursuant to Arkansas Code § 6-13-1401 et seq.;
(12)
- (A) “Construction cost” means the actual cost of constructing a new construction project as defined in subdivision (21) of this section.
- (B) It consists of all construction related costs, both direct and indirect, to include but not be limited to construction contract costs and costs associated with design, advertisement, and reimbursable expenses;
(13)
(A) “Conversion project” means:
(i)
- (a) (a) A new construction project that converts existing academic or nonacademic space into a missing academic core, special education, or student dining component of the POR and the conversion project is part of an addition project for which the district has applied for partnership assistance.
- (b) (b) In such conversions, any partnership assistance funding from the state is limited to only that amount of square footage required by the suitability analysis for the addition project subject to the requirements of subdivision (39) of this section.
- (c) (c) The component shall meet the POR specifications when converting or adding such a space to the district; or
(ii)
- (a) (a) A new construction project that converts existing academic or nonacademic space into a missing academic core space only and is in compliance with the POR space requirements.
- (b) (b) For this type of conversion project, state partnership assistance funding shall only be allowed provided the district has no suitability square footage need and the project is limited to no more than the component number and square footage spaces required in academic core of the POR.
- (B) The erection of walls in an existing open format school shall not constitute an eligible conversion project;
- (14) “Division” means the Division of Public School Academic Facilities and Transportation;
- (15) “Energy saving contract” means the same as in the Commission for Arkansas Public School Academic Facilities and Transportation’s Rules Governing the Acquisition of Energy Conservation Measures for Public Schools, 6 CAR pt. 329;
(16) “Facilities improvement plan” means an improvement plan developed by a school district for a public school or school district identified as being in academic facilities distress, or by a school district that has been notified by the Division of Public School Academic Facilities and Transportation of nonparticipation in the Academic Facilities Partnership Program by failing to apply for state funding for necessary facilities to meet adequacy requirements, which supplements the school district’s facilities master plan by:
- (A) Identifying specific interventions and actions the public school or school district will undertake in order to correct deficient areas of practice with regard to custodial, maintenance, repair, and renovation activities with regard to academic facilities in the school district; and
- (B) Describing how the school district will remedy those areas in which the school district is experiencing facilities distress, including the designation of the time period by which the school district will correct all deficiencies that placed the school district in facilities distress status;
(17) “Facilities master plan” means a six-year plan developed by a school district that contains:
- (A) The Division of Public School Academic Facilities and Transportation-provided enrollment projections for ten (10) years from the date of the plan;
- (B) 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
- (C) Other information as required by law;
- (18) “Local resources” means any funding lawfully generated by a school district used for 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 of Public School Academic Facilities and Transportation.
- (19) “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 the academic facility;
- (20) “Maximum funding factor” means the average statewide funding factor for new facilities received in the most recent even year;
(21)
(A)
- (i) “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, 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.
- (ii) “New construction” includes a new addition to an existing facility and construction of a new academic facility.
(B)
- (i) No state financial participation will be provided for improvements that could be classified as maintenance, repair, and renovation, other than a total renovation project.
- (ii) The 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;
- (22) “New facilities” means a new construction project that is neither an addition to, total renovation, or conversion of an existing facility, nor a project involving maintenance, renovation, or repair of an existing facility, but is a new addition to a school district’s building inventory;
- (23) “New facilities and additions project cost funding factor” means a measurement factor updated annually by the Division of Public School Academic Facilities and Transportation, based upon grade level configuration of the public school academic facility and the proposed enrollment within the facility and regionalized to twelve (12) different areas within the state, which the Division of Public School Academic Facilities and Transportation will use to provide a funding amount for construction projects covered by 6 CAR § 321-105(c)(4)(A) on a square-foot basis;
(24)
- (A) “Nonacademic facility” means a building or space that is not used for the provision of student instruction that is an integral part of an adequate education as described in Arkansas Code § 6-20-2302.
- (B) Nonacademic facilities comprise, but are not limited to, those buildings, spaces, and grounds described in subdivisions (3)(B) and (D) – (F) of this section, or any buildings, spaces, or grounds that do not fit the definition of academic facility set forth in subdivision (3) of this section.
- (C) Nonacademic facility buildings, spaces, or grounds shall not be eligible for funding;
- (25) “Prioritization” means a methodology established by the Commission for Arkansas Public School Academic Facilities and Transportation, and set forth in this part in 6 CAR § 321-104(e), which provides a system of ranking new construction projects submitted for state financial participation in the Academic Facilities Partnership Program, in order to comply with Arkansas Code § 6-20-2507 and the necessary and appropriate allocation of limited funding resources;
(26)
(A)
- (i) “Program of requirements (POR)” means a set of requirements that each new construction project that is not a warm, safe, and dry systems replacement project must adhere to as the established minimum adequate components and total square footage required in a school construction project as otherwise permitted in 6 CAR § 321-103(b) for add-on projects.
- (ii) The POR is contained in the Arkansas Public School Academic Facilities Manual, which can be found in Appendix A to this part.
- (iii) Districts shall submit accurate and complete PORs, which shall include all existing spaces, for any new construction project that is not a warm, safe, and dry systems replacement project for the Division of Public School Academic Facilities and Transportation’s review in accordance with subdivision (39) of this section.
- (iv) Submission of inaccurate PORs, including but not limited to incorrect building sizes, inaccurate reporting of existing spaces, and inaccurate existing campus size, may be grounds for project disapproval.
- (B) Enrollments on PORs shall reflect the state-produced enrollment projections.
- (C) School enrollments shall reflect the current school enrollment, as reported to the Division of Elementary and Secondary Education in October, plus or minus the appropriate percentage of student gain or loss indicated by the enrollment projections.
(D)
- (i) All POR enrollments will represent the highest five-year projection from requested funding date for all grades involved in the project.
- (ii) Districts may request to use ten-year enrollment projections to be used in calculating all spaces and space sizes.
(E)
- (i) In the case of districts with declining enrollment, POR enrollment shall be based on enrollment for the two (2) years beyond the requested potential project funding year.
- (ii) For purposes of this section, “declining enrollment” means a drop in the ten-year enrollment projection;
(27) “Project” means an undertaking in which a school district engages in:
- (A) Maintenance, repair, and renovation activities with regard to an academic facility;
- (B) New construction; or
- (C) Any combination of maintenance, repair, and renovation activities with regard to an academic facility and new construction activities with regard to an academic facility;
- (28) “Project funding cycle” means a two-year cycle for which school districts’ partnership projects submitted by a specified deadline in an even-numbered year are reviewed by the Division of Public School Academic Facilities and Transportation for state financial participation by May 1 of the succeeding odd-numbered year;
(29) “Public school facility” means any public school building or space, including related areas such as the physical plant and grounds, that are used for any purpose, including, without limitation:
- (A) An extracurricular activity;
- (B) An organized physical activity course defined in Arkansas Code § 6-16-137;
- (C) Prekindergarten education;
- (D) District administration; or
- (E) Delivery of instruction to public school students that is an integral part of an adequate education as described in Arkansas Code § 6-20-2302;
(30)
(A)
- (i) “Qualified cost” means a projected qualified construction cost for funding purposes determined by the Division of Public School Academic Facilities and Transportation utilizing the specific project cost funding factors set forth in Arkansas Code § 6-20-2509 and localized to regional cost centers in the state.
- (ii) It serves as the basis for the estimated state financial participation for partnership projects per square foot, although a school district’s actual cost might exceed the state cost funding factors.
- (iii) The specific project cost funding factors for new facilities, warm, safe, and dry systems replacement, and conversion projects are defined as set forth in subdivisions (30)(B) and (C) of this section.
- (iv) These funding factors shall not include land purchases, mold abatement or removal, environmental cleanup, or supersite cleanup, or qualification for LEED or Green Globes certification pursuant to 6 CAR § 321-109.
(B) The qualified cost for newly constructed academic facilities or additions for which a square foot cost would be applicable to all facets of the construction will be the lesser of either the:
- (i) New facilities project cost funding factor plus the appropriate soft cost for demolition costs and/or asbestos abatement in the amount of one percent (1%) of the new facilities project cost funding factor for each category (however, the new facilities project cost funding factor shall not increase to more than the maximum funding factor without the approval of the Commission for Arkansas Public School Academic Facilities and Transportation) multiplied by the project approved size in square feet; or
- (ii) Actual construction cost amount of the project.
(C) The qualified cost for conversion projects or projects that are building systems or components thereof, not covered in subdivision (30)(A)(i)(b) of this section, will be the lesser of either:
- (i) The warm, safe, and dry systems replacement and conversion project cost funding factor plus the appropriate soft cost for demolition costs and/or asbestos abatement in the amount of one percent (1%) of the funding factor for each category multiplied by the approved unit of measure per project (however, the funding factor shall not increase to more than the maximum funding factor without the approval of the Commission for Arkansas Public School Academic Facilities and Transportation) multiplied by the project approved size in square feet; or
- (ii) The actual construction cost of the project.
(D)
- (i) In calculating the amount of state financial participation in a facilities project that includes a tornado shelter or designated reinforced area, the Division of Public School Academic Facilities and Transportation shall deduct from the qualified cost the total amount of grant funds received by the school district for the shelter or area.
- (ii) Districts shall indicate the amount of grant funds on the initial budget sheet.
- (iii) If a district receives information concerning the grant amount or grant approval after funding by the Division of Public School Academic Facilities and Transportation, the district shall immediately report to the Division of Public School Academic Facilities and Transportation the grant amount, which will be subtracted from the qualified project cost, resulting in a change to state financial participation.
- (iv) Any moneys paid by the Division of Public School Academic Facilities and Transportation over the revised state financial participation shall be repaid by the district to the Division of Public School Academic Facilities and Transportation;
(31)
- (A) “Reconfiguration” means the process of changing the present school’s or schools’ configuration, by the school district, to align a different grade configuration.
- (B) The configuration or reconfiguration is determined by the school district;
(32)
(A) “Renovation project” means a warm, safe, and dry systems replacement new construction project addressing:
- (i) A facility system per subdivision (41)(B)(i)(a)(1) of this section; or
- (ii) All building systems per subdivision (41)(B)(ii)(c) of this section.
- (B) To receive state financial participation, the project must be a warm, safe, and dry systems replacement project or space replacement project;
- (33) “Resolution” means a written document voted upon and approved by at least a majority of a quorum of a school district's board of directors at a lawfully convened meeting, which certifies the school district’s dedication of local resources to meet the school district’s share of financial participation in the new construction project;
(34)
(A)
- (i) “Schematic drawing” means a diagram that fully illustrates all additions, conversions, or new spaces, or warm, safe, and dry systems of a new construction project and shall include, as a minimum, single line drawings.
- (ii) For additions or conversion projects, the drawing also shall be labeled to identify each interior space with interior room net square footage in the footprint of the entire project.
- (iii) For warm, safe, and dry systems replacement projects, the replacement major system components and their tentative location shall be identified.
- (B) The schematic drawing does not have to be prepared by a licensed architect but must meet the approval of the Division of Public School Academic Facilities and Transportation as to the actual detail required.
- (C) An aerial photograph is not a diagram and may not serve as the basis for the required schematic drawing;
- (35) “School district” means a geographic area with an elected board of directors that qualifies as a taxing unit for purposes of ad valorem property taxes under Title 26 of the Arkansas Code, and which board conducts the daily affairs of public schools under the supervisory authority vested in it by the General Assembly and Title 6 of the Arkansas Code;
(36)
- (A) “Self-funded project” means a project where the moneys needed to complete the project are one hundred percent (100%) local resources, and that shall be submitted to and approved by the Division of Public School Academic Facilities and Transportation upon compliance with state codes and standards.
(B) Any project, whether the district requests state financial participation or not, shall meet the standards of:
- (i) The Arkansas Public School Academic Facilities Manual;
- (ii) Industrial codes; and
- (iii) The POR;
(37) “State financial participation” means the state’s share of financial participation in a local academic facilities project eligible for state financial participation according to the prioritization schedule:
- (A) Established by the Commission for Arkansas Public School Academic Facilities and Transportation; and
- (B) Set forth in 6 CAR § 321-104(e);
- (38) “Storm shelter” means a structure that is constructed in accordance with International Code Council 500, Standard for the Design and Construction of Storm Shelters;
(39)
(A)
- (i) “Suitability” means the process undertaken by the Division of Public School Academic Facilities and Transportation to determine whether any existing academic facility is eligible for state financial participation for new construction projects, as set forth in 6 CAR § 321-104(e).
- (ii) The state financial participation shall be the qualified cost described in subdivision (30) of this section, multiplied by the difference of one hundred percent (100%), minus the school district’s academic facilities wealth index.
- (iii) Except for approved warm, safe, and dry systems replacement projects, only that total gross square footage space required by the POR that is not already deemed available to a school district, whether on an existing campus or a new school campus, shall be determined eligible for state financial participation.
(B) On an existing campus.
(i)
- (a) (a) When a school district is proposing a new construction project on an existing campus with existing educational facilities, the district shall submit accurate and complete PORs of the existing campus.
- (b) (b) The Division of Public School Academic Facilities and Transportation shall compare the appropriate existing total gross square footage space of the existing facilities on the campus to the total gross square footage space requirements of the POR for the proposed new school facility based on the projected student enrollment by grade level.
- (c) (c) After making the comparison, the school will only be deemed to not be suitable and thus eligible for state financial participation on a proposed facility project for the additional gross square footage space required in the POR that is not currently available on the school campus (based on the Division of Public School Academic Facilities and Transportation’s campus reports, submitted PORs, onsite inspections, or other confirmed information made available to the Division of Public School Academic Facilities and Transportation) or on other campuses affected by grade reconfigurations as part of the project.
(d) (d) The Division of Public School Academic Facilities and Transportation shall disapprove any additional spaces that result in spaces, space sizes, or both, that are above POR requirements.
- (e) (e) The district shall submit accurate and complete PORs for all campuses and grades affected by the grade reconfigurations, based on the one (1) highest enrollment projection year, that are a part of the project.
- (f) (f) The Division of Public School Academic Facilities and Transportation will not count as existing space that total gross footage area above the required POR standard for the following four (4) areas that existed on or before 2008:
- (1) (1) Physical education;
- (2) (2) Media center;
- (3) (3) Student dining; and
(4) (4) Performing arts.
- (ii) Consolidation and annexation projects containing proposed additions to existing facilities will be evaluated in accordance with this subdivision (39)(B), except that the Division of Public School Academic Facilities and Transportation may consider all school closings in the consolidation or annexation when determining space when available on other campuses.
(C) On a new school campus.
(i)
- (a) (a) When a school district is proposing a new construction project on a school campus for which the Division of Public School Academic Facilities and Transportation determines there are no other currently existing appropriate school facilities or the district is seeking a separate LEA number for the new academic facility, the district shall submit a POR for the new school campus and all other campuses servicing the same grade or grades.
- (b) (b) The Division of Public School Academic Facilities and Transportation shall compare the total gross square footage required by the POR for the proposed facility for the appropriate student grade population to that currently existing total gross square footage available in the district (based on the Division of Public School Academic Facilities and Transportation’s campus and district reports, submitted PORs, onsite inspections, or other confirmed information made available to the Division of Public School Academic Facilities and Transportation) for the appropriate student grade population in their final grade configuration less the gross square footage to be demolished as part of the proposed project.
- (c) (c) The Division of Public School Academic Facilities and Transportation also shall include other campuses and grades affected by grade reconfigurations as part of the project.
(d) (d) The district shall submit complete and accurate PORs for all campuses and grades affected by the grade reconfigurations that are a part of the project.
- (e) (e) After making the comparison, the school only will be deemed to not be suitable and thus eligible for state financial participation on a proposed facility project for that additional space required in the POR not currently available in the school district for the appropriate student population in their final grade reconfiguration.
- (f) (f) Districts shall not submit future cycle projects for additional space or conversions in a new facility yet unbuilt or PORs that effectively negate the excess space PORs and results of this section.
- (g) (g) As a result, the Division of Public School Academic Facilities and Transportation will give the same consideration and not count as existing space that total gross footage area above the required POR standard for those four (4) areas that existed in the district on or before 2008 listed in subdivision (39)(B)(i)(f) of this section.
- (ii) Consolidation and annexation projects shall not be penalized for current space under subdivision (39)(C)(i)(a) of this section nor are they subject to the provisions of 6 CAR § 321-104(b).
(D) Warm, safe, and dry systems replacement.
- (i) For new construction projects not requesting additional space or replacement of academic square footage, state financial participation only will be provided for warm, safe, and dry systems replacement projects.
- (ii) Suitability analysis and determination shall be made on a project-by- project basis and shall be determined based on the actual need as determined by the Division of Public School Academic Facilities and Transportation using current facilities manual standards;
- (40) “Waiver” or “variance” means the process by which a school district in unusual and limited circumstances may seek a waiver or variance from provisions of this part as approved by the Division of Public School Academic Facilities and Transportation;
(41)
- (A) “Warm, safe, and dry” means new construction projects deemed necessary by the Division of Public School Academic Facilities and Transportation to provide students a warm, safe, and dry educational environment.
(B) State financial participation may be available for two (2) categories of warm, safe, and dry projects:
(i)
- (a)
- (1) (a)(1) “Warm, safe, and dry systems replacement”, which are new construction projects that support a facility’s fire, safety, roofing, HVAC, and structural needs.
- (2) (2) Roofing, plumbing, fire, safety, and electrical projects must apply to the entire facility or system or if a separate building the entire building.
- (3) (3) Fire system needs include fire alarms, warning systems, and fire prevention systems, fire suppression systems, or both.
- (4) (4) The Division of Public School Academic Facilities and Transportation shall verify system replacement needs through work orders documented in the state-provided computerized maintenance management system, condition assessments submitted in master plans, on-site evaluations, etc.
- (5) (5) Life cycle alone shall not be sufficient justification for state financial partnership in replacement.
- (6) (6) Partial HVAC projects may be approved by the Division of Public School Academic Facilities and Transportation if they are part of an energy saving contract with performance of a comprehensive energy savings plan, or if units have been installed within the previous five (5) years.
(7) (7) Any project application including recently replaced HVAC units as a part of a system replacement must indicate in the application the date of recent installation and the square feet the recently installed components service.
- (b)
- (1) (b)(1) Security system projects must be part of a comprehensive campus security plan, which shall include any renovation projects that are designed to sustain active shooter protocols, efficiently implement lockdown procedures, and enable an overall immediate and legal response to crises, and include training for proper operation of systems.
(2) (2) Eligible security systems shall include original installations of the following:
- (A) (A) Secure entrance vestibule;
- (B) (B) Ballistic-rated glass, ballistic-rated film, shatter-resistant glass, or shatter-resistant film;
- (C) (C) Closed-circuit television systems;
- (D) (D) Electronic access controls on doors;
- (E) (E) Intruder locksets;
- (F) (F) Reinforced hallways adjunct to student-occupied areas;
- (G) (G) Fully enclosed walkways between buildings;
- (H) (H) Permanently installed screening technology;
- (I) (I) Visitor management systems;
- (J) (J) Hallway security doors, fire suppression doors, or both; or
- (K) (K) Vehicle barriers.
- (3) (3) Upgrades of existing systems, extensions of a system, and replacement of systems are not eligible.
(4) (4) To be eligible for funding, districts shall provide with the application a detailed narrative describing:
- (A) (A) All safety and security procedures and systems currently at the campus;
- (B) (B) New systems being requested for funding; and
- (C) (C) How the proposed project will enhance the safety and security of students and staff.
- (5) (5) All new construction projects must comply with applicable current codes.
(6) (6) Any added security systems must receive approval from relevant state agencies, including but not limited to the:
- (A) (A) Fire marshal;
- (B) (B) Building Authority Division;
- (C) (C) Department of Health; and
(D) (D) Division of Public School Academic Facilities and Transportation.
(ii)
- (a) (a) “Warm, safe, and dry space replacement”, which are new construction projects that build a new academic facility to replace an existing academic facility that is not deemed by the Division of Public School Academic Facilities and Transportation to provide students a warm, safe, and dry educational environment.
- (b) (b) In some instances, districts may perform a total facility renovation instead of a building replacement.
- (c) (c) “Total facility renovation” means that all building systems replacements that are necessary to bring a facility to a substantially new condition, as determined by the Division of Public School Academic Facilities and Transportation, are made.
(d) (d) Total facility renovations shall comply with 6 CAR § 321-103(f) and (g), and shall represent a prudent use of state funds.
- (e) (e) To be eligible for state financial participation in a warm, safe, and dry space replacement project, the facility condition index of each building or addition must be sixty-five percent (65%) or greater at the time of evaluation by the Division of Public School Academic Facilities and Transportation.
- (f) (f) Any building not meeting the sixty-five-percent threshold is ineligible for state financial participation in replacement.
- (g) (g) Any building taken out of the suitability analysis may not be used for any activity in which students are in the building subsequent to replacement project completion.
- (C) Warm, safe, and dry projects do not include land purchases, environmental cleanup, or supersite cleanup.
- (D) Districts are not required to replace an academic facility when the building value is at or below zero percent (0%), nor is a building value at or below zero percent (0%) sufficient justification for state financial participation for a replacement building; and
- (42) “Warm, safe, and dry systems replacement and conversion project cost funding factor” means a funding measurement factor based upon the amount of square footage contained, the type of conversion of existing space to a different use, or the type of item or system renovation regionalized to twelve (12) different areas within the state, which the Division of Public School Academic Facilities and Transportation will use to provide a funding amount for construction projects covered by 6 CAR § 321-105(c)(4)(B) on a square-foot basis.