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Rule Number:160-5-4-.04
Special Appropriation for Public School Capital Outlay   Print Rule
 

(1) DEFINITIONS.


(a) Capital Outlay – expenditures which result in the acquisition of fixed assets,
improvements to sites, construction of buildings, construction of additions to
buildings, retrofitting of existing buildings for energy conservation, renovation and
modification of existing buildings, initial and additional equipment, and furnishings
for K-12 educational facilities. For the purposes of the special appropriation,
expenditures for the acquisition of property, swimming pools, tracks, stadiums, and
other facilities or portions of facilities used primarily for athletic competition, nonpermanent
instructional units, and the central and area administrative offices of local
units of administration shall be excluded.


(b) Facilities Inventory –represents all existing instructional units meeting
minimum state requirements used in the delivery of the K-12 instructional program
planned by the school system plus any instructional unit(s) planned (or currently
under construction) for which local, state, or federal funding is available.


(c) House Bill 1187 Needs Analysis documents - standardized document
developed and completed for each school system in order to determine the maximum
change in the number of instructional units earned as a direct result of the reduction
in teacher/pupil ratios. Each needs analysis includes: the system’s FY 2004 average
projected FTE, the instructional units earned for the average FTE reported at each
existing school in FY 2000, the instructional units earned for the FY 2004 projected
student population at each school, the instructional units currently available or funded
at each school, and the instructional units needed at each school. The calculated
change in the number of instructional units earned before and after the reduction in
teacher/pupil ratios adjusted for any projected increase or decrease in the student
population is shown in each system’s House Bill 1187 Needs Analysis documents.
This calculated change in the number of earned instructional units establishes the
maximum number of instructional units that may qualify for funding under the special
appropriation for each school system. To qualify for funding under the special
appropriation for capital outlay needs to reduce teacher/pupil ratios, instructional
units must be shown as a negative number in the Instructional Units (I.U.s) Need
Status column on the proposed organization page in the system’s House Bill 1187
Needs Analysis documents.


(d) Instructional Units Earned – refers to the number of instructional units that
should be available to provide adequate school facilities to deliver the approved K-12
instructional programs planned at a school based on the grade configuration and the
student population at the school. The number of instructional units earned at each
school shall be derived from the applicable instructional unit allocation chart
provided by the Department. The total number of instruction units earned for the
purpose of reducing teacher/pupil ratios in each school system is based on a
mathematical calculation that measures the difference between the units earned before
and after the reduction in teacher/pupil ratios adjusted for changes in the student
population and does not necessarily determine the number of instructional units that
may be eligible for state funds derived from the special appropriation.


(e) Instructional Units Needed – is the calculated net number of K-12
instructional units in a school that need to be constructed to accommodate the reduced
teacher/pupil ratios as defined in House Bill 1187. The number of instructional units
needed at each school is determined by subtracting the number of units earned from
the number of instructional units currently available and/or the number of
instructional units for which funding is currently available.


(f) Special Appropriation for Public School Capital Outlay – Special
appropriation for public school capital outlay refers to any appropriation of state
funds authorized for public school capital outlay activities in addition to the
appropriations approved for capital outlay projects under the provisions of O.C.G.A.
§ 20-2-260 and O.C.G.A. § 20-2-262. The special appropriation authorized by the
General Assembly for FY 2001 consists of two separate parts: 

 

(i) funds authorized to provide the classrooms needed to implement the reduction in teacher/pupil ratios, and


(ii) funds authorized to meet other identified capital outlay needs eligible for state
funding.


(2) REQUIREMENTS.


(a) The following requirements shall be met to qualify for funding derived from the
special appropriation of $368,000,000 authorized by the Georgia General Assembly
in the 2001 session plus $84,670,000 authorized in the 2002 session to assist local
boards of education in funding the construction of instructional units needed to
implement the required reduction in teacher/pupil ratios.


1. Funds from this special appropriation shall be allocated to school systems based
on the instructional units determined to be eligible and the projects prioritized for
funding by the local board of education in the system’s House Bill 1187 Needs
Analysis documents. Each local system will be apportioned their share of the special
appropriation within each funding cycle based on the total statewide eligible need
derived from the summary of the House Bill 1187 Needs Analysis documents.


2. Each local board of education shall establish the priority order for funding the
instructional units determined to be needed at each school and eligible for funding
from this fund source on the tabulation of priorities in the system’s House Bill 1187
Needs Analysis documents. Eligible Need is related to each system's readiness to
construct. Systems will be reimbursed in the order in which they apply and qualify
for reimbursement. Any classrooms identified in the HB 1187 Needs Analysis
documents that are built to reduce class size shall be reimbursed based on the cost
schedule that was approved at the time of the 2001 legislative session (January to
March 2001). Unfunded Instructional Units Needed will carry forward as credits in
subsequent funding cycles for such needs.


3. The Department of Education will certify the House Bill 1187 Needs Analysis
for each system for this fund source to the Georgia State Financing and Investment
Commission by no later than June 30, 2001.


4. Local boards of education, with assistance from the Facilities Services staff,
shall develop an application (or applications) in the format specified by the
Department to request funding for the instructional units determined to be needed and
eligible for funding from this special appropriation.


5. No applications shall be submitted to construct less than two instructional units
at any school.


6. All instructional units included in an application and constructed with funds
from this special appropriation shall meet the common minimum facility
requirements defined in the State Board of Education rules and in the guidelines
named in Rule 160-5-4-.16 Design and Construction Standards and Construction
Costs.


7. The total number of instructional units for all projects included in the system’s
approved application(s) may be less than, but shall not exceed, the maximum number
of units earned to reduce teacher/pupil ratios as shown in the system’s House Bill
1187 Needs Analysis documents.


8. The completed and signed Improvement Needs Certification included in the
system’s House Bill 1187 Needs Analysis documents must be on file with the
Department before a school system shall be eligible to submit an application for funds
derived from this special appropriation.


9. Funds from this special appropriation may be combined with funds from other
state or local fund sources in a single application. However, any application utilizing
multiple fund sources shall be developed to comply with all the laws, rules, and
guidelines applicable to each of the fund sources.


10. While no local matching funds shall be required for the funds derived from this
special appropriation, the local board of education shall agree to provide any
additional local funds which may be needed to ensure that the project can be
completed as described in the approved application.


11. Local boards of education shall adopt the completed application(s) and return
three copies of the approved application with original signatures affixed on all copies
to:


Georgia Department of Education
Facilities Services Unit
1670 Twin Towers, East
Atlanta, Georgia 30334

 

12. Funds from this special appropriation shall be used to reimburse local boards of
education for eligible expenditures incurred to complete the activities described in the
approved application. Projects must be completed in accordance with any applicable
laws, rules, and guidelines for capital outlay projects to qualify for reimbursement.
Except as provided otherwise in these special rules and guidelines, the general rules
and guidelines for capital outlay will apply to this program. Payment shall be made
to the local board of education as soon as a request for reimbursement (including the
appropriate supporting documentation) has been received and approved by the
Department.


(b) Local boards of education shall comply with the following requirements to
qualify for funds derived from the special appropriation of $100,000,000 authorized
by the Georgia General Assembly in the 2001 session plus $870,000 authorized in the
2002 session to assist local boards of education in meeting other identified capital
outlay needs eligible for state funding.


1. Local boards of education, with assistance from the Department, shall develop an
application (or applications) on forms provided by the Department to request funding
for capital outlay activities determined to be needed and eligible for funding from this
special appropriation. Each system’s portion of the $100 million will be based on
each system’s ratio of need, as identified in the current facilities plan, compared to the
statewide need less any advanced funding repaid. Funding from the $100 million
portion of the special appropriation shall be reimbursed based on the cost schedule
that was approved at the time of the 2001 legislative session (January to March 2001).


2. The Department of Education will certify the allocation of funds to school
systems from this fund source no later than June 30, 2001.


3. In developing applications for funding, eligible capital outlay needs identified in
the school system’s House Bill 1187 Needs Analysis documents shall have the highest
priority for funding. All other funding shall be for capital outlay needs identified in
the school system’s updated local facilities plan.


4. No applications shall be submitted to construct less than two instructional units at
any school.


5. Funds from this special appropriation may be combined with funds from other
state or local fund sources in a single application. However, any application that
includes multiple fund sources shall be developed to comply with all the laws, rules,
and guidelines applicable to each of the fund sources.


6. While no local matching funds shall be required for the funds derived from this
special appropriation, the local board of education shall agree to provide any
additional local funds which may be needed to ensure that the project can be
completed as described in the approved application.


7. Local boards of education shall adopt the completed application(s) and return
three copies of the approved application with original signatures affixed on all copies
to:


Georgia Department of Education
Facilities Services Unit
1670 Twin Towers, East
Atlanta, Georgia 30334


8. Funds from this special appropriation shall be used to reimburse local boards of
education for eligible expenditures incurred to complete the activities described in the
approved application. Projects must be completed in accordance with any applicable
laws, rules, and guidelines for capital outlay projects to qualify for reimbursement.
Except as provided otherwise in these special rules and guidelines, the general rules
and guidelines for capital outlay will apply to this program. Payment shall be made
to the local board of education as soon as a request for reimbursement (including the
appropriate supporting documentation) has been received and approved by the
Department.


(c) A local board of education may request a hearing to appeal a decision regarding
the allocation of funds from the special appropriation. To request an appeal hearing,
the local board of education shall submit a formal request to the state school
superintendent within 30 days of the decision. This request shall include:


1. A resolution adopted by the local board of education requesting an appeal
hearing.


2. The statement of the question in dispute.


3. A concise statement of the reasons why the decision is being appealed.


4. Any other supporting documentation to be considered by the appeals committee.     

                                                             
(d) After a determination by the state school superintendent or designee that the
request for appeal is in the proper form for hearing, the appeal shall be placed on the
calendar for review by a five-member appeals committee at the earliest practical time.


(e) Oral arguments shall not be heard unless requested by the local board of
education or requested by a member of the appeals committee. Oral arguments must
be requested within ten days of the date the appeal is docketed.


(f) The appeals committee shall include two members from the State Board of
Education, one of which shall be appointed as chairperson of the committee, and
three members appointed from Georgia State Financing and Investment Commission.
The Director of the Office of Planning and Budget or his designee shall ex officio be
a non-voting member of the appeals committee. The appeals committee shall not
consider any question not specifically raised in the written
request for appeal or the statement of contentions. A decision of the appeals
committee may be appealed jointly to the Board provided by the Department. The
total number of instruction units earned for the purpose of reducing of Education and
the Georgia State Financing and Investment Commission by submitting a formal
request to the Superintendent within 30 days of the decision. The Director of the
Office of Planning and Budget or his designee shall be an ex officio, non-voting
member of each board for purposes of the appeal. The procedure set out in (c), (d)
and (e) above will be followed for each board. If the Commission and the Board
agree upon a decision, their joint decision will prevail. If the Commission and the
Board disagree upon a position, the decision will be affirmed.

 

Georgia Department Of Education
Adopted Date:  5/10/2012
Effective Date:  5/30/2012

NOTE: The State of Georgia has moved the Georgia Code. This new environment no longer allows us to link directly to the Georgia Code. For example enter 20-02-0211 in the search window and the Georgia Code will appear.
Policy Code Description
FFE Supplementary Appropriations
Georgia Code Description
O.C.G.A § 20-02-0260 Capital outlay funds, generally
These references are not intended to be part of the rule itself, nor do they indicate the basis or authority for the board to enact this rule. Instead, they are provided as additional resources for those interested in the subject matter of the rule.