200 R.I. Code R. 200-RICR-20-05-4.4

Current through December 3, 2024

Section 200-RICR-20-05-4.4 - Project Categories and Priorities

In order to ensure effective planning, management, and financial sustainability of an approved project, the following general requirements and standards shall be met in the application for project approval.

4.4.1General Requirements

A. General requirements are as follows:

1. Districts must ensure that construction will be completed in a timely, cost-effective manner and that buildings will be occupied within the timelines established during the approval process. The approval of a project by the Council and/or the payment of reimbursements by the Council shall not render the Council responsible or liable for the project, or any aspect thereof, except to ensure that the project is in compliance with these regulations. Districts have sole and exclusive responsibility for all aspects of a proposed and/or approved project, from its inception, including engaging all necessary and appropriate personnel for design, construction, and oversight, including a Commissioning Agent as set forth in §4.10.2 of this Part

2. Approved projects must have a useful life of fifty (50) years for new construction or an addition to an existing school building.

3. Districts are required to have current capital improvement plans on file at RIDE. Only projects included in the capital improvement plan will be eligible for approval.

4. A project that results from lack of maintenance or negligence by the District will not be approved.

5. A District is not eligible to be reimbursed for temporary housing costs incurred because adequate project planning was not performed or local approvals were not obtained in a timely manner.

6. Projects shall be designed to minimize vandalism, and materials and finishes shall be selected to minimize vandalism.

7. Projects shall provide for equality of educational opportunity without discrimination on account of sex, race, color, religion, sexual orientation, national origin, or handicap, and all approved projects shall meet the requirements of the Rhode Island Building Code, R.I. Gen. Laws Chapter 23-27.3. All projects shall comply with the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq. and all other applicable provisions of federal, state, and local laws relative to the accessibility of programs and facilities to persons with disabilities.

8. Districts shall demonstrate that projects have undergone review in accordance with applicable state law and regulations and, to the extent applicable to the project, by the Rhode Island's State Building Commissioner, Department of Administration, Department of Health, Historical Preservation and Heritage Commission, Commission for Human Rights, Department of Environmental Management, Governor's Commission on Disabilities, and any other department or agency of the state required by law to review such projects.

9. Projects shall have undergone review in accordance with applicable local or District charters, by-laws, ordinances, or regulations, including local conservation, fire prevention, water, sewer, or building code requirements.

10. Districts shall demonstrate that they have identified educational collaborative programs in the school District not currently housed in public school facilities, and have reviewed any such programs to determine if students in such programs can be served more efficiently and effectively if the project is approved, assuming the project is for school use only.

11. Districts must submit an analysis of the impact on the operating budget of implementing the project in such detail and in the format required by the Council. The analysis shall include an estimate of the costs of additional maintenance required of the District, the costs of additional instructional or support staff, additional utility costs, the costs of additional transportation, if any, and the estimated revenue, if any, from the sale or lease of any school facility decommissioned as a result of implementing the project.

12. Districts must provide an analysis of the potential economic and non-economic impact of leveraging cross- District school capacity and demonstrate that the applicant has considered existing District boundaries, facilities, and populations and the operating cost impact in determining the need and siting of proposed projects.

13. Districts shall ensure that all contracts and subcontracts are complied with and are in conformity with all applicable provisions of federal, state, and local laws and regulations.

14. Districts shall submit an analysis of life cycle costs of all projects including initial capital costs, maintenance costs, and utility costs and demonstrate how such costs will be reduced over the life of the building and its systems. Districts shall consider life cycle costs estimates of all feasible energy systems and technologies, including renewable systems, to identify the system with the lowest life cycle cost estimate.

4.4.2Existing and New Facilities

A. The District shall evaluate and present alternatives to school construction projects including but not limited to new school construction, rehabilitation of existing schools, additions to existing schools, the use of temporary and mobile facilities, and the rehabilitation or historic preservation of existing non-school buildings.

B. Applicants shall consider these alternatives within the context of each District's comprehensive facilities plan and specifically address issues of school capacity, educational adequacy, capital needs, and life cycle operating costs.

C. RIDE will determine the extent to which an applicant demonstrates the necessity for a school construction project using the following criteria:

1. Construction and operating costs, including those costs not eligible for reimbursement.

2. The effect on student populations.

3. Educational use and space requirements.

4. Proximity to local resources.

5. Opportunity for shared facilities.

6. The impact on transportation routes and costs.

7. Environmental impact.

8. Land acquisition and site preparation, including environmental assessments and remediation requirements, permitting, and zoning requirements.

9. The impact on historic resources and community character.

10. Adherence to smart growth principles pursuant to §4.6.6 of this Part.

4.4.3Priority of Projects

A. In the event the General Assembly or State Budget Office imposes funding limits, the Council will consider applications for school construction and renovation projects in accordance with the priorities listed below and in the order of the priorities listed below:

1. Replacement or renovation of a building which is structurally unsound or otherwise in a condition seriously jeopardizing the health and safety of school children, where no alternative exists;

2. Elimination of existing severe overcrowding;

3. Prevention of loss of accreditation;

4. Elimination or prevention of severe overcrowding as documented by current enrollment or by enrollment projections;

5. Creation or alteration of school facilities to provide mandatory instructional programs;

6. Replacement, renovation, or modernization of any school facility to increase energy conservation and decrease energy related costs in the facility;

7. Space requirements due to short term enrollment growth for which no reasonable alternative to school construction exists;

8. Replacement of or addition to obsolete buildings in order to provide a full range of programs consistent with approved state and local requirements; and

9. Creation or alteration of school facilities to provide supportive services and ensure equitable statewide access to adequate school facilities.

200 R.I. Code R. 200-RICR-20-05-4.4