Rule 160-5-4-.04. Special Appropriation for Public School Capital Outlay

1. (1) DEFINITIONS.

   1. (a) Capital Outlay - expenditures which result in the acquisition of fixed assets, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, renovation and modification of existing buildings, initial and additional equipment, and furnishings for Pre-Kindergarten (Pre-K)-12 educational facilities. For the purposes of the special appropriation, expenditures for the acquisition of property, swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition, non-permanent instructional units, and the central and area administrative offices of local units of administration shall be excluded.
   2. (b) Facilities Inventory - all existing instructional units meeting minimum state requirements used in the delivery of the Pre-K-12 instructional program planned by the local school system plus any instructional unit(s) planned (or currently under construction) for which local, state, or federal funding is available.
   3. (c) Georgia Department of Education (GaDOE) - the state agency charged with the fiscal and administrative management of certain aspects of K-12 public education.
   4. (d) Instructional Units Earned - the number of instructional units (IUs) that should be available to provide adequate school facilities to deliver the approved Pre-K-12 instructional programs planned at a school based on the grade configuration and the student population at the school. The number of IUs earned at each school shall be derived from the applicable IU allocation chart provided by the GaDOE.
   5. (e) Instructional Units Needed - the number of instructional units needed at each school is determined by subtracting the number of units earned from the number of IUs currently available and/or the number of IUs for which funding is currently available.
   6. (f) Pre-Kindergarten (Pre-K) - any voluntary pre-kindergarten programs provided and operated by the local school system as part of Georgia's Pre-K Program.
   7. (g) Special Appropriation for Public School Capital Outlay - any appropriation of state funds authorized for public school capital outlay activities in addition to the appropriations approved for capital outlay projects under the provisions of O.C.G.A. § 20-2-260 and O.C.G.A. § 20-2-262.

2. (2) REQUIREMENTS.

   1. (a) Local boards of education, with assistance from GaDOE's Facilities Services staff, shall develop an application (or applications) in the format specified by GaDOE to request funding for the IUs determined to be needed and eligible for funding from this special appropriation.
   2. (b) All IUs included in an application and constructed with funds from this special appropriation shall meet the common minimum facility requirements defined in State Board of Education Rule 160-5-4-.16 Educational Facility Site, Construction, and Reimbursement and any associated guidelines.
   3. (c) Funds from this special appropriation may be combined with funds from other state or local fund sources in a single application. However, any application utilizing multiple fund sources shall be developed to comply with all the laws, rules, and guidelines applicable to each of the fund sources.
   4. (d) While no local matching funds shall be required for the funds derived from this special appropriation, the local board of education shall agree to provide any additional local funds which may be needed to ensure that the project can be completed as described in the approved application.
   5. (e) Local boards of education shall adopt and sign the completed application(s) and return the approved application to GaDOE's Facilities Services Unit.
   6. (f) Funds from this special appropriation shall be used to reimburse local boards of education for eligible expenditures incurred to complete the activities described in the approved application. Projects must be completed in accordance with any applicable laws, rules, and guidelines for capital outlay projects to qualify for reimbursement. Except as provided otherwise in these special rules and guidelines, the general rules and guidelines for capital outlay will apply to this program.

Authority: O.C.G.A. §§ 20-2-260; 20-2-262.

History. Original Rule entitled "Annual Entitlement, Funding Request, and Required Local Participation" adopted. F. Nov. 30, 1990; eff. Dec. 20, 1990.

Amended: Rule retitled "Entitlement, (Regular and Exceptional Growth), Funding Requests, and Required Local Participation." F. Sept. 19, 1994; eff. Oct. 9, 1994.

Repealed: F. Nov. 21, 1996; eff. Dec. 11, 1996.

Amended: New Rule entitled "Special Appropriation for Public School Capital Outlay" adopted. F. June 15, 2001; eff. July 5, 2001.

Amended: F. Nov. 18, 2003; eff. Dec. 8, 2003.

Amended: F. May 10, 2012; eff: May 30, 2012.

Amended: F. Feb. 20, 2025; eff. Mar. 12, 2025.