005.28.19 Ark. Code R. § 014 Rules Governing the Facilities Master Plan

LibraryArkansas Administrative Code
Edition2023
CurrencyCurrent through Register Vol. 48, No. 12, December, 2023
Year2023
Citation005.28.19 Ark. Code R. § 014

COMMISSION FOR ARKANSAS PUBLIC SCHOOL ACADEMIC FACILITIES AND TRANSPORTATION RULES GOVERNING THE FACILITIES MASTER PLAN Effective: December 30, 2019

1.00 REGULATORY AUTHORITY

The Commission for Arkansas Public School Academic Facilities and Transportation enacts these Rules pursuant to its authority set forth in Ark. Code Ann. §§ 6-21-114, 6-21-801 et seq., 25-15-201 et seq., and Act 933 of 2019.

2.00 PURPOSE

    The purpose of these Rules is to establish a program and process for establishing a format for districts to create facilities master plans in accordance with State legislation, in an ongoing effort to remediate deficiencies in academic facilities.

3.00 DEFINITIONS

    For the purposes of these Rules, the following terms mean:
    3.01 Academic facility - 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 Ark. Code Ann. § 6-20-2302 3.01.1 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 Ark. Code Ann. § 6-16-137 shall not be considered an academic facility for the purposes of these Rules 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 Ark Code Ann. § 6-16-132; 3.01.2 The Division 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. 3.01.3 Buildings or spaces, including related areas such as the physical plant and grounds, used for pre-kindergarten education shall not be considered academic facilities for purposes of these Rules; and 3.01.4 District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities for the purpose of these Rules.
    3.02 Amended Facilities Master Plan - A revised Facilities Master Plan, submitted at any time during the six-year cycle if a district has encountered one of the following conditions: 3.02.1 A major enrollment change; or 3.02.2 A major disaster; or 3.02.3 A major curriculum change; or 3.02.4 An unforeseen occurrence. 3.02.5 The format for submission will be as outlined in the most current Master Plan Guidelines.
    3.03 Annexation - The joining of an affected school district or part of the school district with a receiving district under Ark. Code Ann. §§ 6-13-1401 et seq.
    3.04 Appendix - A shortened amendment to an approved Master Plan submitted if a district has begun or completed a self-funded project over which the Division has only review authority, but that was omitted from the Master Plan submittal. The format for submission will be as outlined in the most current Master Plan Guidelines.
    3.05 Building - Any structure used or intended for supporting or sheltering any use or occupancy. 3.05.1 "Building" does not include a shed or other structure not capable of supporting occupancy.
    3.06 Building Value - A percentage value reflecting the depreciated value of an academic facility with an assumed depreciation of two per cent (2%) per year. Building Value does not consider improvements that may have been made to the facility. 3.06.1 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)). The output of this equation may be a positive or negative percentage. 3.06.2 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. 3.06.3 When an academic facility has multiple additions constructed at different times, a building value may be computed for each addition. 3.06.4 Building value will be used to develop the Division's state-wide needs priority list per Ark. Code Ann. § 6-21-112(f)(18). 3.06.5 Districts are not required to replace an academic facility when the building value is at or below zero percent (0%).
    3.07 CMMS (Computerized Maintenance Management System) - The computerized software system purchased by the Division at no cost to the districts to track and document maintenance work and schedules, as well as schedule state-mandated inspections as required under Ark. Code Ann. § 6-21-813.
    3.08 Consolidation - The joining of two (2) or more school districts or parts of the districts to create a new single school district under Ark. Code Ann. §§ 6-13-1401 et seq.
    3.09 "Conversion Project" - (1) A new construction project that converts existing academic or non-academic space into a missing academic core, special education, or student dining component of the Program of Requirements (POR), and the conversion project is part of an add-on project for which the district has applied for partnership assistance; or (2) A new construction project that converts existing academic or non-academic space into a missing academic core space only and is in compliance with the POR space requirements. Conversion projects are subject to the criteria and restrictions set forth in the Commission for Arkansas Public School Academic Facilities and Transportation Rules Governing the Academic Facilities Partnership Program.
    3.10 Custodial activities - Routine and renovation cleaning activities related to daily operations and upkeep of a public school facility, including related supervisory and management activities.
    3.11 Division - The Division of Public School Academic Facilities and Transportation.
    3.12 Facility Condition Index - The index obtained by dividing the existing condition costs (the cost to bring a public school academic facility up to current standards) by the facility's replacement cost, using data for such costs available in 2004 or later data if the Division has such data available.
    3.1...

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