Section R7-6-502. Funding for New Schools or Additional Square Footage

A.      The data submitted by each school district requesting addi- tional square footage under the capital plan shall be reviewed by staff to determine student capacity. Additionally, staff shall review and verify district student population projections and the existing square footage in the district. The staff shall pre- pare a New Construction Analysis for the district.

B.       If the proposed new school facilities are located in territory in the vicinity of a military airport as defined in A.R.S. § 28-

bility of the proposed school facilities with the high noise or accident potential generated by military airport operations that may have an adverse effect on public health and safety. The Board shall consider and analyze the comments and analysis provided by the military airport prior to making a final deter- mination to fund the new square footage.

C.      The Board shall make a decision regarding the number of square feet and students to be funded for the district, the appropriate cost per square foot and the total budget. At the time the Board is making its decision, the New Construction Analysis shall be available to the Board members and the school district. The school district may address the Board at this time.

D.      A school district that is approved for additional square footage shall have 60 days from the date of notification to officially accept, in writing, funding for the square footage approved by the Board or the approval shall expire. After a school district has accepted a project in writing and has signed the Terms and Conditions for New School Funding, the Board shall provide five percent of the monies approved for architectural and engi- neering fees for projects of $500,000 or more. The individual school district shall be responsible for establishing the actual A and E amount.

E.       A school district that receives approval for additional square footage from the Board shall proceed with the design develop- ment plan and specifications for the project. Two copies of the proposed educational goals or specifications and schematic design, with budget estimates are required to be submitted to the Board’s staff. The items required to be included in the esti- mated budget are all elements of new construction, excluding land acquisition. These elements include, but are not limited to:

1.        Architectural and engineering fees;

2.        Survey, testing, permits, advertising and printing;

3.        Construction costs;

4.        Furniture, fixtures and equipment;

5.        Any necessary project management; and

6.        A five percent contingency amount.

After Board staff review, the school district shall proceed with a preliminary bid package.

F.       If the school district includes reasonable upgrades to the new construction project for energy conservation purposes, the Board shall provide funding upgrades above the formula based award to cover the full amount of the upgrade. Upgrades will only be funded if the upgrade receives pre-approval by the Board staff and the school district architect or engineer certi- fies that the upgrade will provide dollar savings in excess of the cost of the upgrade within an eight-year period.

G.      Upon review of the submitted schematic design, budget esti- mates and preliminary bid package, the Board’s staff shall make a recommendation to the Board regarding the appropri- ateness of the school district to proceed with the additional square footage and the efficiency and effectiveness of the plan. The staff recommendation shall be based on whether the project is within the original scope and Board approved budget (including square footage and number of students), the project meets the building adequacy standards, initial comments from the local building authority and whether revised student popu- lation projections continue to justify the additional square footage. If the Board approves the project, the school district shall be authorized to proceed with the final bid package. Prior to authorization to contract the school district shall document that it has obtained local (city, county or equivalent) building

department approval. For projects outside of the original scope and /or Board approved budget or that do not meet the mini- mum adequacy guidelines, the Board may instruct the school district to resubmit the project, or the Board may make an alternative decision. Local funds may be used by the school district in conjunction with the Board approved funding.

H.      Upon receipt of bids by the school district, the Executive Director shall authorize the district to proceed with the con- tract if the school district has documented that it has obtained local (city, county or equivalent) building department approval, and the bid is within the original scope and Board approved budget, and meets the building adequacy standards. The Executive Director may make an alternative recommenda- tion to the full Board.

I.        The Board-approved funding for additional square footage shall be available to the school district for one year from the date of notification. The bid process shall be completed within the one-year period. The Board shall consider requests for an extension beyond the one year and may grant an extension for good reason.

J.        The Board may modify or waive the requirements of this Sec- tion for good cause.

Historical Note

New Section made by exempt rulemaking at 8 A.A.R.

287, effective June 7, 2001 (Supp. 01-4).