Section 071-61-6 - SCHOOL CONSTRUCTION ELIGIBILITY AND APPROVAL PROCESS1.Adequate EducationIn making a determination under 20-A M.R.S.A. §15905(2) as to whether a proposed high school designed for less than 300 pupils will have an "adequate education program," the State Board shall consider criteria listed below. The Board will obtain information from the Department when available. Other data shall be provided by the applicant SAU. These data shall be submitted to the State Board no later than 60 days after the State Board has designated the project for placement on the Approved Projects List. The State Board may consider such other information as it considers relevant to a given application. Similarly, the applying SAU may submit to the State Board any additional information it deems relevant.
After reviewing these materials, the State Board will determine whether the SAU will have the capacity to provide an adequate education program. The State Board will have 60 days from the receipt of the following data to issue, in writing, its decision and the rationale for that decision.
A.Faculty Quality - The percentage of faculty holding provisional or professional certification shall be no more than one standard deviation below the State average for schools of 300 or less.B.Graduation Rate - The State Board shall review the graduation rates for each of the most recent five years. The average for those years shall be no more than one standard deviation below the State average for secondary schools of 300 or fewer students for the same period.C.Maine State Evaluation System - For the preceding five years, the percentage of students who fall within the "Does Not Meet the Standard" category shall be no more than one standard deviation greater than the State average for this category for schools of 300 or less.D.Fiscal Sustainability - The applicant SAU must demonstrate fiscal capacity to maintain both its facilities and an adequate education program based on data in the following areas: (1)Enrollment Data - History for the last ten years (Department data) and a projection for the next ten years.(2)Budget History - Revenues and expenditures for the last five years and projected budgets for the next five years based on EPS, mill rate, number of students, etc.(3)Income Data and Trends - Household income data for the most recent five- year period for which they are available for all communities to be served.(4)Valuation - Current and previous five-year valuation for the communities involved and any expected changes in the near future (e.g., new industrial complex planned, etc.).(5)Operational Costs - Projected operational costs for the proposed facility for each of the next five years using the Department model.(6)Financial Obligations - A report of any projected increase/decrease in major financial obligations and the capacity of the communities to absorb them as anticipated for the next five years.E.Comprehensive Education Plan - The applicant unit must demonstrate that it has a Comprehensive Education Plan that meets the criteria and standards established by the Department and the State Board as set forth in Chapter 125 and also relevant sections of Chapter 127, with particular attention to the current and future education programs and recent results in the following aspects of the Comprehensive Education Plan: (1) Access for all students to a curriculum that is fully aligned with the Maine Learning Results.(2) A comprehensive program with adequate resources and a component that assists all students in planning for post-secondary education.(3) A comprehensive student support program designed to assist all students in meeting the Maine Learning Results.(4) A technology program that is fully integrated into the curriculum and provides all students with access to computing and other relevant technologies as they emerge. Any denial of approval by the State Board under these provisions requires a determination that alternative solutions are available. Such alternative solutions must respect distances, time on the bus, and health and safety concerns. In addition, an alternative solution, if it will include major capital school construction, must respect the considerations specified in Section 6, subsection 1, paragraph D, "Fiscal Sustainability," with particular attention to item (5), "Operational Costs."
2.Eligibility for State FundingAn analysis of the availability and accessibility of solutions, utilizing space at existing or new facilities in the region, shall be conducted prior to any decision on eligibility for state funding.
A.Site Approval - All projects must receive Site Approval by the State Board. In order to be considered for Site Approval, each SAU must, at a minimum, have successfully completed a site application. In considering new sites, schools should first refer to the requirements of Chapter 60, which deals specifically with school siting. In instances where additional property is to be acquired, each SAU must have secured an option on said site and have obtained appraisals as outlined in Section 7 subsection 4 of this Chapter. Prior to Site Approval the SAU shall hold the first of two required public meetings to present the site to the public and to take and record a straw vote. If the State Board approves the recommendation for Site Approval, the State Board will issue a Letter of Site Approval to the SAU. In considering applications for Site Approval the State Board shall be guided by Chapter 60 of its rules. Consideration should be given to new facilities in service centers and in-town locations that offer such advantages as fewer students requiring bussing and the easy availability of utilities.B.Concept Approval - The State Board will consider Concept Approvals at any of its regularly scheduled meetings based on the recommendations of the Commissioner. Concept Approval will be considered following Site Approval. Prior to consideration by the State Board for Concept Approval, the SAU shall provide to the Department a conceptual presentation of a proposed solution and conduct a second public meeting, prior to the State Board Concept Approval meeting, to present the same information to its public as it will to the State Board. There shall be a straw vote and the results must be reported to the State Board. The proposal shall include a projected preliminary budget that shall be the maximum total allowable budget for the project. The state/local share approved for inclusion for debt service at Concept Approval may not be exceeded without State Board approval and a subsequent local favorable referendum. If the State Board approves the recommendation for Concept Approval, the State Board will issue a Letter of Concept Approval to the SAU.C.Approval of Local Voters - Prior to requesting State Board Design and Funding Approval each school construction project must gain a favorable vote in a local referendum pursuant to 20-A M.R.S.A. §15904.D.Design and Funding Approval - After drawings are 100% complete the State Board will consider Design and Funding Approval at any of its regularly scheduled meetings based on the recommendation of the Commissioner. If the State Board approves the recommendation for Design and Funding Approval, the State Board will issue a Letter of Design and Funding Approval to the school administrative unit.E.Final Funding Approval - Final Funding Approval by the Commissioner will occur after contract bidding. All SAUs shall comply with Section 11 of this Chapter. The Commissioner or the Commissioner's designee will establish a Final Project Budget at the time of Final Funding Approval. The Commissioner will issue a Certificate of Final Funding Approval.F.Time Limitations - The following time limitations apply to all Major Capital School Construction projects. (1) Every project placed on the Approved Projects List will be assigned a calendar year within which Concept Approval shall be obtained. Failure to obtain Concept Approval within the designated year shall result in removal from the Approved Projects List unless a waiver is obtained from the State Board at least 30 days prior to the expiration of the SAU's assigned year. To be considered for a waiver, the SAU must present to the State Board a proposed timetable and plan for obtaining Concept Approval. Approval by the State Board of the proposed timetable shall constitute a waiver.(2) Within six months after the date of State Board Concept Approval, a project must secure a favorable local referendum vote. Projects not receiving a favorable local referendum vote within six months of Concept Approval will be removed from the Approved Projects List.(3) Within eighteen (18) months of a favorable local referendum vote, a project shall be presented to the State Board for Design and Funding Approval.(4) Within nine months of State Board Design and Funding Approval, a construction contract shall be signed.(5) In cases when the SAU's referendum includes the provision for Interest-Only Local Interim Financing and the referendum fails, the SAU shall return to the State Board for Concept Approval on the schedule originally assigned to it, and the provisions of paragraph F(1) thru (4) of this subsection shall apply.G.Building Standards - All school construction projects involving state funds in the construction of new facilities, additions to existing buildings, or major alterations of existing buildings shall be designed and constructed with materials that provide long-term durability, meet energy efficiency standards as defined in 5 M.R.S.A. §§ 1762-1769, and Bureau of General Services Rule Chapter 60, and go through the stages of State Board approval outlined in this section. All construction shall conform to conservation standards as specified by the Facilities Team.
H.Construction Change Order Requests - Owner-initiated change orders require prior approval from the Facilities Team and will be at local cost. When an owner initiated change is considered necessary by the Facilities Team, the change order may be at state/local expense. The Facilities Team shall determine the funding source of all change orders. Errors and omissions changes require approval from the Facilities Team.I.Ventilation Requirements - The school administrative unit will utilize the best- available practice national standards of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) for inspection, maintenance, ventilation and filtration.05-071 C.M.R. ch. 61, § 6