Section R7-6-503. Funding for Land

A.      The School Facilities Board follows a three-step approval pro- cess for the funding of land that is classified as Step One - Jus- tification of Need for Land; Step Two - Request to Purchase a Specific Site; and Step Three - Due Diligence. The executive director may deviate from the three-step approval process to meet other circumstances as they arise, such as purchasing state-owned land and condemnation and bring such recom- mendations to the full Board.

B.       Step One is the initial request for land for new construction. A school district that currently owns land shall demonstrate that the district-owned property is not suitable for the needed new school in order for the school district to receive funding for the acquisition of land.

C.      Step Two includes the following:

1.        The school district shall provide a map of the district showing current schools and the projected student popu- lation, grade levels served and attendance boundaries in various locations in the district, which supports the loca- tion of the new school at the requested site. The school district shall also provide a listing of vacant parcels cur- rently owned by the school district (including the size of each parcel and its location), describe the site selection process, explain why the site requested was chosen over alternative sites, and summarize any joint use provisions or other intergovernmental agreements related to the site. The school district shall also provide a legal description of the desired site, the size of the site and an estimate of the cost of the site. The school district may provide infor- mation on more than one site.

2.        The Board shall make a decision regarding the site size for each site. The range of acreage table approved by the Board is provided to allow school districts some leeway in site selection. The school district shall provide special justification if the site size is not within the range shown on the range of acreage table. Allowances shall not be granted for additional acreage for limited use activities that are only remotely related to the teaching and learning enterprise. Limited use activities would include, but not be limited to, athletic fields that are only used for inter-

scholastic competition rather than daily activities, and non-school related community functions. The site size will be based on the eventual size of the school, if expan- sion is planned. The school district may request a larger or smaller site if conditions require. The school district may purchase additional acres with local funds. School districts should give careful consideration to joint-use sites such as those which adjoin community parks and play grounds. The ranges indicated are not intended to dictate a minimum acreage if a joint-use agreement pro- vides the school with access to adjoining public space.

3.        If a school district needs monies to verify, gather and sub- mit the information required in Step Three, the school district shall submit a cost estimate to the Board, and the Board shall approve or disapprove the request for monies. Rather than allocating monies to a school district to ver- ify, gather and submit information required in Step Three, the Board may approve the staff of the School Facilities Board to contract directly for such services, in which case the contractors will be paid directly by the Board.

D.      If the school district receives approval to proceed to Step Three, the following information about the site shall be acquired:

1.        An appraisal of the land that documents that the proposed cost is at or below the fair market value.

2.        Legal description of the land.

3.        Level one environmental assessment, plus the following factors (if not included):

a.         Hazardous materials

b.        Archaeology

c.         Endangered flora and fauna

d.        Noise

e.         Soil Conditions

f.         Adjacent land owners and/or uses

4.        Boundary and Topographical Survey

5.        Drainage statement

6.        Site development cost

7.        Photographic survey (if required by planning and zoning departments)

8.        Feasibility site diagram-conceptual study by a design pro- fessional illustrating proposed development of the site (based on the eventual size of the school, if there are plans for expansion), indicating:

a.         Property lines and measurements

b.        Setbacks, right-of-ways, and easements

c.         Vehicular access and parking

d.        Pedestrian and bicycle access

e.         Building zone

f.         Drainage concept

g.        Utility routes or systems

h.        Activity fields and courts

i.         Limit-lines and calculation of usable area

j.         Existing features to be demolished or preserved

k.        Future expansion capability

E.       Final distribution of monies to purchase the site may be made by the Board if Step Three reveals no serious problem with the site. If the actual cost of the site does not exceed the Board approved amount the Executive Director may make the final determination of site funding without further action by the Board. If monies were distributed to the school district to ver- ify, gather and submit the information required based on a cost estimate, an adjustment for the actual cost shall be made at the time of the final distribution. The school district shall provide documentation to the Board of the actual expenditures from the monies provided and the actual closing costs within 60 days  of  the  final  distribution.   Expenditures  exceeding  the

amount provided pursuant to subsection (C)(3) of this Section require approval by the Board. If the site is rejected as a result of information gathered in Step Three, the school district may repeat Steps Two and Three with a new site.

F.       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).