005.28.19 Ark. Code R. § 021 Rules Governing the Academic Facilities Partnership Program

LibraryArkansas Administrative Code
Edition2023
CurrencyCurrent through Register Vol. 48, No. 12, December, 2023
Year2023
Citation005.28.19 Ark. Code R. § 021

COMMISSION FOR ARKANSAS PUBLIC SCHOOL ACADEMIC FACILITIES AND TRANSPORTATION RULES GOVERNING THE ACADEMIC FACILITIES PARTNERSHIP PROGRAM

Effective: December 30, 2019

1.00 AUTHORITY

The Commission for Arkansas Public School Academic Facilities and Transportation (CAPSAFT) authority for promulgating these Rules is pursuant to Ark. Code Ann. §§ 6-21-114, 6-20-2507, 6-20-2512, 25-15-201et seq., and Act 1080 of 2019.

2.00 PURPOSE AND SCOPE

    2.01 The purpose of these Rules is to establish a process whereby the Arkansas 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.
    2.02 CAPSAFT Rules Governing the Academic Facilities Partnership Program that were in effect July 25, 2016, apply to 2019-2021 project funding cycle.

3.00 DEFINITIONS - For the purpose 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 funding in 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 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; 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 funding in these Rules; 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; and 3.01.5 Facilities owned, operated, or both, by education service cooperatives, as well as leased facilities (other than facilities which 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 for purposes of these Rules.
    3.02 "Academic Facilities Partnership Program" ~ The process under which the Arkansas 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.
    3.03 "Academic Facilities Wealth Index" - A percentage derived from the following computations 3.03.1 To calculate the academic facilities wealth index for the 2023-2025 project funding cycle and funding cycles thereafter: (1) Determine the value of one mill per student in each school district as follows (a) Multiply the value of one mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from 3.03.1(l)(a) by the largest average daily membership of the school district over the previous decade; (2) Calculate each school district's relative median income by dividing the household median income for the area served by each school district by the household median income of the school district with the highest household median income, using the household median income as estimated by the United States Bureau of the Census's American Community Survey; (3) Calculate the median income per mill value by multiplying each school district's value of one mill per student as calculated under 3.03.1(1) by the school district's relative median income as calculated under 3.03.1(2); and (4) Identify the school district at the ninety-fifth percentile according to the value calculated under 3.03.1(3) by (a) Determining student millage rankings by listing the median income per mill value under 3.03.1(3) for each school district from districts with the lowest median income per mill value to school districts with the highest median income per mill value; (b) Allocating the student millage rankings into percentiles with the first percentile containing the one percent (1%) of students based on the prior year average daily membership with the lowest value per mill and the one-hundredth percentile containing the one percent (1%) of students with the highest value per mill; (c) Dividing the median income per mill value as computed under 3.03.1(4)(a) of this section by the amount corresponding to the ninety-fifth percentile of the student millage rankings under 3.03.1(4)(b) and (d) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this section shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred and ninety-five one thousandths (0.995). (5) The percentage derived from the above computation is the academic facilities wealth index for a school district, which shall be computed annually and used to determine the amount of the school district's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the Division. (6) The state's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the Division is the percentage derived from subtracting the school district's percentage share of financial participation determined under the above calculation from one hundred percent (100%). (7) A school district identified as a high-growth school district as defined in Ark. Code Ann. § 6-20-2511 shall receive the lesser of the wealth index as calculated under 3.03.1 or 3.03.2 until the school district fails to meet the definition of a high-growth school district as defined in § 6-20-2511 for two consecutive years. 3.03.2 To calculate the academic facilities wealth index for the 2021-2023 project funding cycle only (1) Determine the value of one mill per student in each school district as follows: (a) Multiply the value of one mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and (b) Divide the product from 3.03.2(l)(a) by the prior year average daily membership of the school district or the prior three-year average of the school district's average daily membership, whichever is greater; (2) Determine the student millage rankings by listing the computation under 3.03.2(1) for each school district from school districts with the lowest value per mill to school districts with the highest value per mill; (3) Allocate the student millage rankings into percentiles with the first percentile containing the one percent (1%) of students with the lowest value per mill and the one-hundredth percentile containing the one percent (1%) of students with the highest value per mill; (4) Divide the value of one mill per student in each school district as computed under 3.03.2(1) by the amount corresponding to the ninety-fifth percentile of student millage rankings under 3.03.2(3). (5) Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this section shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred and ninety-five one-thousandths (0.995). (6) Subtract the academic facilities wealth index as determined under 3.03.2(4) and 3.03.2(5) from the academic facilities wealth index as determined under 3.03.1(4); (7) Divide the result from 3.03.2(6) by two; and (8) Add the value from 3.03.2(4) with the number calculated in 3.03.2(7). (9) The percentage derived from the above computation is the academic facilities wealth index for a school district, which shall be computed annually and used to determine the amount of the school district's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the Division. (10) The state's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the Division is the percentage derived from subtracting the school district's percentage share of financial participation determined under the above calculation from one hundred percent (100%). (11) A school district identified as a...

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