1 Colo. Code Regs. § 303-3-6

Current through Register Vol. 47, No. 22, November 25, 2024

Section 1 CCR 303-3-6 - Application Review

6.1. Time for Review

6.1.1. The Board, with the support of the Division, will review the Applications;

6.1.2. The Board will submit the prioritized list of Projects to the State Board for which the Board is recommending Financial Assistance according to the timeline established by the Board;

6.1.3. In the case of Financial Assistance that involves lease-purchase agreements, the prioritized list is subject to both the preliminary approval of the state board and the final approval of the capital development committee.

6.1.4. The Board may, in its discretion, extend these deadlines.

6.2. The Board, taking into consideration the Statewide Financial Assistance Priority Assessment, conducted pursuant to § 22-43.7-108 shall prioritize and determine the type and amount of the grant or matching grant for Applications for Projects deemed eligible for Financial Assistance based on the following criteria, in descending order of importance:

6.2.1. Projects that will address safety hazards or health concerns at existing Public School Facilities, including concerns relating to Public School Facility security, and projects that are designed to incorporate technology into the educational environment

6.2.2. As used in § 22-43.7-109(5)(a)(1), "technology" means hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher.

6.2.2.1. In prioritizing an Application for a Public School Facility renovation project that will address safety hazards or health concerns, the Board shall consider the condition of the entire Public School Facility for which the project is proposed and determine whether it would be more fiscally prudent to replace the entire facility than to provide Financial Assistance for the renovation project.

6.2.3. Projects that will relieve overcrowding in Public School Facilities, including but not limited to projects that will allow students to move from temporary instructional facilities into permanent facilities, and.

6.2.4. Projects that will provide career and technical education capital construction in public school facilities; and

6.2.5 Projects that assist public schools to replace prohibited American Indian mascots as required by Section 22-1-133

6.2.6. All other projects.

6.2.7. Among other considerations, the Board may take into account the following in reviewing Applications:

6.2.7.1. The amount of the matching contribution being provided in excess of or less than the minimum;

6.2.7.2. Whether the Applicant has been placed on financial watch by the Colorado Department of Education;

6.2.7.3. Overall condition of the Applicant's existing facilities;

6.2.7.4. The project cost per pupil based on number of pupils affected by the proposed Project;

6.2.7.5. The project life cycle.

6.2.7.6. The Public School Facility's Facility Condition Index (FCI), Colorado Facility Index (CFI), school priority score and construction guidelines score.

6.2.7.7. The Applicants ability to help itself, including available bonding capacity, planning and criteria in sections 4.1.1 or 4.1.2 or 4.1.3.

6.3. Additional actions the Board may take when reviewing an Application:

6.3.1. The Board may modify the amount of Financial Assistance requested or modify the amount of Matching Moneys required; and

6.3.2. The Board may recommend funding a Project in its entirety or recommend a partial award to the Project;

6.3.2.1. If a Project is partially funded a written explanation will be provided.

6.3.2.2. If the Board recommends partial funding for a Project and the Applicant declines such funding, the Board will deem the Applicant to have withdrawn its Application.

6.4. The Board shall submit to the State Board the prioritized list of Projects.

6.4.1. The prioritized list shall include the Board's recommendation to the State Board as to the amount of Financial Assistance to be provided to each Applicant approved by the Board to receive funding and whether the assistance should be in the form of a BEST Cash Grant, BEST Lease-purchase Funding or a BEST Emergency Grant.

6.4.2. When funding State Board-approved alternate Projects, the Board may offer funding to a Project in its entirety or may offer a partial award, based on available appropriations. If the Board offers partial funding to a Project and the Applicant declines such funding, the Board will deem the Applicant to have withdrawn solely for purposes of allowing the next-highest priority alternate Projects to be funded.

6.5. In considering the amount of each recommended award of Financial Assistance, the Board shall seek to be as equitable as practical in considering the total financial capacity of each Applicant.

1 CCR 303-3-6

38 CR 01, January 10, 2015, effective 1/30/2015

39 CR 21, November 10, 2016, effective 11/30/2016

40 CR 23, December 10, 2017, effective 12/30/2017

42 CR 01, January 10, 2019, effective 1/30/2019

42 CR 23, December 10, 2019, effective 1/1/2020

45 CR 07, April 10, 2022, effective 4/30/2022

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 21, November 10, 2023, effective 12/15/2023