Md. Code Regs. 14.39.02.20

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.39.02.20 - Aging Schools Program

A. There is an Aging Schools Program. The Aging Schools Program is separate from the State capital improvement program.

B. Purpose. An LEA may use Aging Schools Program funds for capital improvements, repairs, and deferred maintenance of school buildings or building components that are 16 years old or older.

C. Funding.

(1) Allocations for each LEA are set forth in Education Article, § 5-206, Annotated Code of Maryland.

(2) The State cost share percentage does not apply to projects funded through the Aging Schools Program. The State may fund all eligible costs of an approved Aging Schools Program project. An LEA may provide additional funds to increase the scope of work or cost for an approved project.

(3) An LEA may not use Aging Schools Program funds to supplement the State allocation received for any other project.

D. Requests. An LEA may submit a request to the IAC for allocated funds for an Aging Schools Program project at any time during the fiscal year of the allocation.

E. IAC Review. The IAC or its designee shall evaluate Aging Schools Program project requests using the following factors:

(1) Type of work;

(2) Age of the building or building component;

(3) State capital improvement program;

(4) Local capital improvement program;

(5) School's current and projected enrollments; and

(6) Maryland Historic Trust review, if applicable.

F. Requirement to Use Funds.

(1) The LEA shall contract to expend funds allocated in a fiscal year before the end of the fiscal year.

(2) The LEA shall expend funds allocated in a fiscal year and request reimbursement within 5 months following the end of the fiscal year.

(3) The IAC may extend the time for placing a project under contract or expending the funds under extraordinary circumstances.

G. Procurement. The LEA shall procure construction in compliance with COMAR 14.39.03.

H. Change Orders.

(1) The LEA may issue change orders in the amount of $25,000 or less without prior IAC approval.

(2) Review of Change Orders. The LEA shall submit each change order in excess of $25,000 to the IAC. The IAC or its designee shall review the LEA's change order as follows:

(a) Change orders that increase the cost of the construction contract are evaluated based on the reasonableness of the change order, including cost, and the availability of State funds; and

(b) Change orders that decrease the cost of the construction contract are evaluated based on the impact on the quality and functionality of the construction, the reasonableness of the credit amount, and the funds that may be credited to the State.

(3) Change orders that exceed available State funding or that are not approved by the IAC are a local obligation.

I. Ineligible Expenditures. The following expenditures are ineligible for funding under the Aging Schools Program:

(1) Expenditures set forth in Regulation .12 of this chapter, except maintenance; and

(2) Improvements to or the movement of relocatable facilities.

Md. Code Regs. 14.39.02.20

Regulation .20 amended and recodified from 23.03.02.20 effective 46:22 Md. R. 976, eff. 11/4/2019; recodified from .19 effective 48:13 Md. R. 509, eff. 6/28/2021; recodified from .19 effective 51:15 Md. R. 711, eff. 8/5/2024.