203.00.08 Ark. Code R. § 004 Aft 027: Rules Governing Academic Facilities 10 Year Facilities Master Plan Program

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 203.00.08 Ark. Code R. § 004

1.00 REGULATORY AUTHORITY

1.01 The Commission for Arkansas Public School Academic Facilities and Transportation's authority for promulgating these Rules is pursuant to pursuant to Ark. Code Ann. §§ 6Division of Public School Academic Facilities and Transportation6-21-112 et seq. (Act 1327 of 2005) 6Title6-21-801 et seq. (Act 1426 of 2005) 25Rules - procedure for adoption25-15-204 and Act 989 of 2007.

2.00 PURPOSE

2.01 The purpose of these Rules is to establish a program and process for establishing a format for districts to begin creating ten-year (10) facilities master plans in accordance with State legislation, in an ongoing effort to remediate deficiencies in academic facilities.

3.00 DEFINITIONS

3.01 For the purposes of these Rules, the following terms mean: 3.01.1 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. § 6Legislative findings6-20-2302 3.01.1.1 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. § 6Physical education credit for physical activity courses6-16-137 shall not be considered an academic facility for the purposes of this rule 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. § 6Physical education6-16-132; 3.01.1.2 The Division of Public School Academic Facilities and Transportation shall 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. 3.01.1.3 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 3.01.1.4 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. 3.01.2 Amended Facilities Master Plan - A revised Facilities Master Plan, submitted at any time during the ten-year cycle if a district has encountered one of the following conditions 3.01.2.1 A maj or enrollment change or 3.01.2.2 A major disaster; or 3.01.2.3 A major curriculum change; or 3.01.2.4 An unforeseen occurrence. 3.01.2.5 The format for submission will be as outlined in the most current Master Plan Guidelines. 3.01.3 Annexation - the joining of an affected school district or part of the school district with a receiving district under Ark. Code Ann. §§ 6Definitions6-13-1401 through 6Use of fund balances6-13-1411. 3.01.4 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 which was omitted from the Master Plan submittal. The format for submission will be as outlined in the most current Master Plan Guidelines. 3.01.5 Arkansas Facility Condition Index - The ARFCI is the established Facility Condition Index modified to give weighted values to the public educational facility needs identified in the 2004 facility assessment. It assists in prioritizing the school district campuses, on a statewide basis, with the greatest need. 3.01.6 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. §§ 6Definitions6-13-1401 through 6Use of fund balances6-13-1411. 3.01.7 Custodial activities - routine and renovation cleaning activities related to daily operations and upkeep of a public school facility, including related supervisory and management activities. 3.01.8 Facility Condition Index - means that particular index obtained by dividing the presently existing condition costs, not including projected life-cycle costs, to bring a public school academic facility up to current codes by the facility's replacement cost, using data for such costs available in 2004. 3.01.9 Facilities distress status - a public school district determined by the Commission for Public School Academic Facilities and Transportation as being in academic facilities distress status. 3.01.10 Facilities master plan - a ten (10) year plan developed by a school district's strategy for maintaining, repairing, renovating, and improving through new construction or otherwise the school district's academic facilities and equipment, and other information required by law. 3.01.11 Foundation funding - shall have the same meaning as in Ark. Code Ann. § 6Definitions6-20-2303. 3.01.12 Guidelines - Master Plan Guidelines are non-regulatory forms and instructions which are necessary to complete the submission process. The Guidelines are attached to these Rules as "Appendix A" and which are hereby incorporated into and made a part of these Rules as if fully set forth herein. They are found on the Division Web Site (www.arkansasfacilities.com). The failure of a district to comply with the Guidelines does not mean that the district's submission will not be considered by the Division. 3.01.13 Local resources - any moneys generated by a school district for the purpose of funding the school district's share of financial participation in any academic facilities project for which a school district is eligible to receive state financial participation under priorities established by the Division of Public School Academic Facilities and Transportation. Also referred to as "raised funds" for the purpose of self funded projects. 3.01.14 Maintenance, repair, and renovation - any activity or improvement to a public school facility and, if necessary, related areas, such as the physical plant and grounds, that: 3.01.14.1 Maintains, conserves, or protects the state, condition or efficiency of the public school facility; or 3.01.14.2 Brings the state, condition or efficiency of the public school facility up to the facility's original condition of completeness or efficiency. 3.01.15 New construction - any improvement to an academic facility and, if necessary, related areas, such as the physical plant and grounds, that brings the state of condition or efficiency of the academic facility to a state, condition or efficiency better than the academic facility's original condition of completeness or efficiency. New construction also includes a new addition to an existing academic facility and construction of a new academic facility. 3.01.16 Project - an undertaking in which a school district engages in: 3.01.16.1 Maintenance, repair, and renovation activities with regard to an academic facility; 3.01.16.2 New construction of an academic facility; or 3.01.16.3 Any combination of maintenance, repair, and renovation activities with regard to an academic facility and new construction activities with regard to an academic facility. 3.01.17 Public School Facility - any public school building or space, including related areas such as the physical plant and grounds, that is used for any purpose, including, without limitation:3.01.17.1 An extracurricular activity; 3.01.17.2 An organized physical activity course defined in Ark. Code Ann. § 6Physical education credit for physical activity courses6-16-137; 3.01.17.3 Pre-kindergarten education; 3.01.17.4 District administration; 3.01.17.5 Delivery of instruction to public school students that is an integral part of an adequate education as described in Ark. Code Ann. § 6Legislative findings6-20-2302. 3.01.18 Public School Facilities Custodial, Maintenance, Repair and Renovation Manual - a document which contains uniform standards to direct custodial, maintenance, repair and renovation activities in public school facilities. 3.01.19 Public School Academic Facilities Manual - a document which contains uniform standards to guide the planning, design and construction of new academic facilities and additions to existing academic facilities, and which is hereby incorporated into and made a part of these Rules, as "Appendix B" to these Rules, as if the Manual was fully set forth herein. 3.01.19.1 Variances to the Arkansas Public School Academic Facilities Manual standards may be granted by the Division upon the presentation of evidence of existing conditions that makes compliance with applicable standards impractical or unreasonably burdensome; or 3.01.19.2 Other conditions determined by the Division as warranting a variance from applicable public school academic facility standards. 3.01.20 Reconstitution - the reorganization of the administrative unit or the governing school board of a school district, including, but not limited to, the replacement or removal of a current superintendent, the removal or replacement of a current school board, or both. 3.01.21 School district - a geographic area with an elected board of directors that qualifies as a taxing unit for purposes of ad valorem property taxes under Title 26 of the Arkansas Code and which board conducts the daily affairs of public schools under the supervisory...