§ 6-20-2506 - Transitional Academic Facilities Program. - Arkansas Statutes

6-20-2506. Transitional Academic Facilities Program.

(a) There is established the Transitional Academic Facilities Program under which the Division of Public School Academic Facilities and Transportation shall provide state financial participation based on a school district's academic facilities wealth index in the form of reimbursement to a school district for eligible new construction projects for which debt is incurred or funds are spent after January 1, 2005, and on or before June 30, 2006.

(b) Under the program, a school district may proceed with new construction of an academic facility through the expenditure of local resources prior to the school district's eligibility for state financial participation and may apply the expenditure of local resources after January 1, 2005, and on or before June 30, 2006, toward meeting the school district's share of financial participation in the cost of the new construction project when, and if, the school district becomes eligible for state financial participation.

(c) In order to apply for state financial participation under the program, the school district shall provide the division with evidence of:

(1) A new construction project for which debt was incurred or funds were spent after January 1, 2005, and on or before June 30, 2006;

(2) The total cost of the new construction project;

(3) The new construction project's conformance with sound educational practices;

(4) (A) The new construction project's compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district as determined by the division.

(B) The academic facilities standards in effect on the date the plans are submitted to the division are the academic facilities standards that will apply to the new construction project;

(5) The allocation of project costs between new construction activities and maintenance, repair, and renovation activities if the new construction project includes improvements that could be classified as maintenance, repair, and renovation; and

(6) How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district.

(d) (1) The division shall evaluate a school district's application for state financial participation under the program and shall conduct an on-site inspection prior to making a determination of the new construction project's eligibility for reimbursement from the state.

(2) During the on-site inspection, the division shall evaluate all of the following:

(A) Student health and safety, including, without limitation, critical health and safety needs;

(B) The new construction project's compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district;

(C) The new construction project's conformance with sound educational practices;

(D) Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies;

(E) Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system;

(F) Reasonable travel time and practical means of addressing other demographic considerations; and

(G) Regularly scheduled maintenance, repair, and renovation.

(3) (A) The division shall notify the school district of the division's decision on the application and, if applicable, the amount of reimbursement from the state.

(B) The division shall base its decision on several factors, including, without limitation:

(i) The reasonableness and necessity of the features of the academic facility according to criteria developed by the division;

(ii) Compliance with current academic facility standards, including, without limitation, appropriate space utilization;

(iii) The academic facilities wealth index of the school district; and

(iv) The prudent and resourceful expenditure of state funds with regard to public school academic facilities.

(e) (1) (A) If a school district qualifies for state financial participation under this section, the division shall certify the amount of state financial participation to the Commission for Arkansas Public School Academic Facilities and Transportation for oversight purposes.

(B) The commission shall certify the amount to the Department of Education for payment.

(2) For tracking purposes, the school district shall account for the funds received as state financial participation under this section as restricted funds and shall account for the funds in accordance with provisions of law, including, without limitation, the Arkansas Educational Financial Accounting and Reporting Act of 2004, 6-20-2201 et seq., and rules established by the State Board of Education and the commission.

(f) Every effort shall be made to conform a new construction project to current academic facilities standards, including, without limitation, appropriate space utilization requirements unless in the judgment of the division it is impractical to conform the new construction project to current standards.

(g) (1) Within thirty (30) days after the completion of all projects approved under this section, the division shall certify to the commission that all projects approved under this section have been completed and all state financial participation approved under this section has been distributed.

(2) Upon acceptance by the commission of the division's certification, the program shall expire.

(3) An approved project that is not verified as being complete by July 1, 2009, shall be declared canceled by the commission and program funds shall be reallocated as the commission directs.