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ADE Director's Communication Memo Form


Memo Number : COM-08-055

Date Created : 11/20/2007

Attention:

Superintendents
Co-op Directors

Type of Memo: Regulatory
Response Required: No
   
Section:   Legal Services - Scott Smith, Attorney
Subject:
Facilities Master Plans and Partnership Projects

Regulatory Authority:
Ark. Code Ann. §§ 6-20-1407, 6-20-2507, 6-21-806, 6-21-808 and 6-21-809

Contact Person:
Doug Eaton, Director-Arkansas Division of Public School Acad

Phone Number:
501-682-4261

E-mail:
doug.eaton@arkansas.gov

In order to provide some assistance in the efficiency of processing Facilities Master Plans and Partnership Projects for the 2009 submission requirements, please take note of the following changes that will be allowed in each respective area:

Facilities Master Plans:
1. School districts will be allowed to submit all information required on page 4 of the 2009-2011 current Guidelines for Facilities Master Plans via an approved electronic format and submission file. In other words, districts are not required to submit or retain their required Facilities Master Plans in a three ring binder format;

2. The information currently required under Tab 4 (District Enrollment Projections), Tab 5 (Community and District Profiles), and Tab 6 (Master Plan Narrative Summary) on pages 4-8 of the Guidelines for Facilities Master Plans is no longer required to be submitted in the February 2008 Master Plan submission, unless a school district wishes to submit its own projected enrollment as allowed by law;

3. The information currently required to be submitted in Tabs 9-11 on pages 4, 8-10 of the Guidelines for Facilities Master Plans will be reduced to only require the actual information required in § 6-21-806(b)(1)-(3) in each respective area:
a. Tab 9, “Custodial Plan,” will only require a schedule of custodial activities for each public school facility used by a school district. Please be advised that this change in the master plan requirement does not eliminate the requirement of each school district to maintain an appropriate Custodial Care Plan as required on page three (3) of the Custodial and Maintenance Manual which is required by § 6-21-808 (b)(2)(A).

b. Tab 10, “Maintenance, Renovation, Repair Plan,” will only require a schedule of maintenance, repair, and renovation activities for each public school facility which identifies the completion date of the work. The documentation shall distinguish between preventive maintenance work associated with academic facilities and preventive maintenance work associated with non-academic public school facilities, and;

c. Tab 11, “Preventive Maintenance Documentation,” will only require documentation that describes the preventive maintenance work for each public school facility and identifies the completion date of the work. The documentation shall distinguish between preventive maintenance work associated with academic facilities and preventive maintenance work associated with non-academic public school facilities; and

4. The Division will provide additional clarification, as necessary, of what type of information and documentation shall be submitted to satisfy the required scheduled submissions under Tabs 9-11. Furthermore, as the changes in this memo amount to a reduction in currently required information, any district which has already prepared a Facilities Master Plan with the required information prior to this memo need not change their proposed plan except to be sure to include the scheduled information required in points a - c above. These proposed changes will be reflected in appropriate revised rules and guidelines published by the Division.


Partnership Projects:
1. As there has been some delay in the ability of districts to move forward after having received necessary approval of state participation in a particular Partnership Project, districts will no longer be required to submit the following information and receive approval in accordance with Appendix A of the “Long Form Agreements” before moving forward on their respective projects:
a. Site Review Statement (pg. 1 of Agreement);
b. Construction Method Form (pg. 1 of Agreement);
c. Draft Architect or Engineer Contract (pg. 1 of Agreement);
d. Draft Construction Manager Contract (pg. 1 of Agreement);
e. Schematic Design Phase (pg. 2 of Agreement); and
f. Design Development Phase (pg. 2 of Agreement).

2. The intent and design of the changes is so that once a district has received May 1 state participation approval the agreement between the district and the state shall be redesigned to streamline much of the subsequent “back-end” review process to afford a district greater flexibility to move forward on the respective projects. However, the Division shall maintain final review and approval of actual working or construction documents and plans before a district can bid a project or begin actual construction of a project in compliance with the requirements of § 6-20-1407 (b) and § 6-21-809 (c)(2).

3. As a result of this attempt to streamline and make more efficient the “back-end” of the Partnership review process, the Division will be required to make a much more thorough review of the “front-end” application cycle of the process. Therefore, districts are encouraged to strictly comply with all Partnership Project application requirements and requests from the Division or run the risk of their respective project being denied for state participation. For this reason, districts will be required to ensure that the entire scope of any proposed project is appropriately listed and identified in the application cycle in order to be properly reflected in the May 1 determination for approval or denial of each project. The May 1 determination and subsequent Agreement shall be binding on both the state and the district regardless of any change in scope or increased cost of the Partnership Project, except as otherwise allowed or required by law or rule.

Pursuant to § 6-20-2507(b)(1)(A)-(G), in order for a district to apply for state financial participation in a new construction project, a district shall (at a minimum) provide by March 3, 2008 to the Division the following information with a detailed narrative, description and justification for the project (which may be contained in a schematic design of the project) and evidence of:
a. Preparation for new construction project in district’s master plan;
b. District resolution certifying district’s dedicated share of local resources necessary to fund the project;
c. Total estimated cost of the new project;
d. New construction project’s conformance with sound educational practices;
e. New construction project’s conformance with academic facilities standards;
f. Allocation of cost between new construction activities and maintenance, repair and renovation;
g. How the new construction project supports the prudent and resourceful expenditures of state funds and improves the district’s ability to deliver an adequate and equitable education to public school students in the district; and
h. Any other relevant information requested by the Division as allowed by law or rule.

4. These proposed changes will be reflected in appropriate rules and guidelines published by the Division.

Any questions or comments should be directed to Doug Eaton, Division of Academic Facilities and Transportation, at 501-682-4261.


Attachments:
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