1. (a) The department shall issue a GAN to a school district or charter school upon submittal of:

   1. (1) A copy of the signed ITF letter submitted in accordance with Ed 321.17(c);
   2. (2) Proof of voter approval from the legislative body of the public school district or the charter school’s board of trustees approving the construction project, subject to receiving building aid, and appropriating the local share of funds necessary to complete the project;

   3. (3) Updated cost estimates and proof of funding sources for the project, including but not limited to:

      1. a. A copy of the signed loan agreement authorizing the loan amount and school board’s or board of trustee’s approval of the loan agreement or other assurance of securing the necessary funding to complete the project;
      2. b. Proof of approval for capital revenues expenditures;
      3. c. Proof of the receipt of charitable trusts, bequests, gifts, and insurance policies; or
      4. d. Proof of other sources of funding;
   4. (4) Final project budget for review and approval;
   5. (5) Subject to (6) below, updated project construction plans prepared by a licensed architect and engineer;
   6. (6) For school districts that submit a phased project plan in accordance with (11) below, construction plans shall encompass, at a minimum, the first phase identified in the phased project plan;
   7. (7) A copy of a signed construction contract between the school district or charter school and a contractor authorized to conduct construction business in New Hampshire by the secretary of state;
   8. (8) A letter from the state fire marshal’s office approving the construction project or the first project identified in the phase project plan, as applicable;
   9. (9) Documentation that a request for project review was completed by the New Hampshire division of natural and cultural resources;
   10. (10) Proof of federal, state, and local permits necessary to start construction; and

   11. (11) For school district applicants requesting to submit payment requests for each phase of the construction project as outlined in Ed 321.25(d), a phased project plan including the following:

       1. a. A description of the scope of work for each phase of the project;
       2. b. The estimated start and end dates of each phase; and
       3. c. The estimated budget for each phase where the total does not exceed the maximum grant award calculated pursuant to Ed 321.19.
2. (b) The GAN shall include required items for initial and final payment in accordance with Ed 321.25, Ed 321.26, and Ed 321.27.
3. (c) The GAN shall include the maximum eligible costs calculated in accordance with Ed 321.22 and may be adjusted each year in accordance with Ed 321.22(c).
4. (d) The superintendent or charter school director shall have 30 calendar days to sign and submit the GAN, or the award shall be forfeited and the project shall not be returned to the prioritized list.
5. (e) Willful failure to follow any requirement of these rules shall be grounds for withdrawal of the GAN to the school district or charter school and shall include repayment of funds previously disbursed to the school district or charter school, if so ordered by the state board.

6. (f) A school board or board of trustees may request a waiver pursuant to Ed 321.34 to request the department issue a GAN without the letter from the state fire marshal’s office required in (a)(8) above, so long as:

   1. (1) An application for project approval has been submitted to the state fire marshal’s office;
   2. (2) There is an agreement between the school district or charter school and the department specifying the scope of work that is allowed to be completed prior to receiving an approval letter from the state fire marshal’s office; and
   3. (3) Any work that needs to be redone based on a review by the state fire marshal’s office shall not be eligible for school building aid.

Source. #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20 (formerly Ed 321.19); ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25