2019 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 20 - Finances
Subchapter 25 - Arkansas Public School Academic Facilities Funding Act
§ 6-20-2508. Academic Facilities Catastrophic Program
(a) There is established the Academic Facilities Catastrophic Program under which the Division of Public School Academic Facilities and Transportation shall award state financial participation to a school district based on a school district's academic facilities wealth index for eligible catastrophic repair and new construction projects for the purpose of supplementing insurance or other public or private emergency assistance received by or payable to the school district.
(b) A school district may apply for state financial participation in a catastrophic project if an academic facility in the district is damaged due to an act of God or violence that could not have been prevented by reasonable maintenance, repair, or renovation of the building.
(c) As part of its application for state financial participation in a catastrophic project, the school district shall provide the Division of Public School Academic Facilities and Transportation with evidence of:
(1) The estimated cost of the project;
(2) The availability of insurance and any other public or private emergency assistance to pay for the project;
(3) How the catastrophic project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district; and
(4) Proof of full replacement value insurance to include a provision requiring code upgrades.
(d)
(1) The Division of Public School Academic Facilities and Transportation shall evaluate a school district's application for catastrophic assistance and may conduct an on-site inspection before making a decision on the application as it deems necessary.
(2) The Division of Public School Academic Facilities and Transportation shall notify the school district of the Division of Public School Academic Facilities and Transportation's decision on the application and, if applicable, the amount of state financial participation. The Division of Public School Academic Facilities and Transportation shall base its decision on several factors, including, without limitation:
(A) Compliance with appropriate academic facility standards, including, without limitation, appropriate space utilization;
(B) The amount and availability of insurance or other public or private emergency assistance;
(C) The academic facilities wealth index of the school district; and
(D) The prudent and resourceful expenditure of state funds with regard to public school academic facilities.
(e)
(1)
(A) If a school district qualifies for state financial participation under this section, the Division of Public School Academic Facilities and Transportation shall certify the amount of state financial participation to the Commission for Arkansas Public School Academic Facilities and Transportation.
(B) The amount of state financial participation under this section shall not exceed the amount resulting from the application of the academic facilities wealth index to the cost necessary to bring the academic facility into compliance with the Arkansas Public School Academic Facility Manual, less any withholding or reduction imposed by the commission under § 6-21-114(d) for a school district's failure to comply with the commission's insurance requirements, including without limitation, the failure to carry replacement cost coverage, if applicable, on all buildings and facilities.
(2)
(A) The commission shall certify the amount to the Division of Elementary and Secondary Education for payment.
(B) For tracking purposes, the school district shall account for the funds received as state financial participation under this section as restricted funds and shall account for the funds in accordance with provisions of law, including, without limitation, the Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq., and rules established by the State Board of Education and the commission.
(f) Every effort shall be made to conform a catastrophic project to current academic facilities standards, including appropriate space utilization requirements, unless in the judgment of the Division of Public School Academic Facilities and Transportation it is impractical to conform the catastrophic project to current standards.
(g) A school district shall use state financial participation in a catastrophic program to pay the cost of only the portion of a catastrophic project that is not covered by insurance or other public or private emergency assistance received by or payable to the school district.
