Ga. Comp. R. & Regs. R. 160-5-4-.03 - Applications for State Capital Outlay Funding

(a) Before an application may be submitted for a project, a Local Educational Agency (LEA) shall have a Local Facilities Plan (LFP) approved by the state board, and the project must be included in the approved LFP.
(b) A local board of education shall submit capital outlay applications that contain:
1. The proposed facilities improvements coordinated with the instructional program as outlined in the LFP.
2. Cost estimates adjusted to current construction costs as necessary.
3. The instructional and support space needs for each facility priority.
4. The estimated construction start date.

Note: A construction contract cannot be issued before the funding application has been approved by the Georgia Department of Education (GaDOE) and signed by the local education agency's (LEA) superintendent and board chairperson.

(c) The LEA, with verification of the GaDOE, shall make adjustments if there has been an increase or decrease in the total projected FTE since the local facilities plan was approved, prior to submitting an application.
(d) LEAs requesting state funds for capital outlay projects as provided in O.C.G.A. § 20-2-260 or § 20-2-262 shall submit the application on forms furnished by the GaDOE no later than August 15 of the year preceding the fiscal year for which the funds are requested with the following attachments.
1. The LEA's Certificate of Title (or a copy of the warranty deed) for each school site.
2. Letter of Assurance from the Flood Plain Management Coordinator of the Georgia Department of Natural Resources that the site is not in the 100-year flood plain or coastal high hazard area.
3. Copy of the 25-year across-system contract, if applicable.
(e) When the total space needs in a proposed project application exceed the space required for a given population as reflected in the local facilities plan, the application shall be approved only if additional local funds are provided to cover the cost of the project for the space in excess of that required by state formula.
(f) More than one priority project may be included in a LEA's regular capital outlay application if the entitlement plus the required local amount, is sufficient to cover the cost of the multiple projects. LEAs shall give priority to elementary school construction projects.
(g) When making application, a LEA shall have the required local amount in its current approved budget as a line item or in the capital outlay account. Combinations of fund sources may be used to equal the required local amount.
(h) Portable units shall not be accepted as a state funded project in any capital outlay application under this program.


Ga. Comp. R. & Regs. R. 160-5-4-.03
O.C.G.A. Secs. 20-2-260, 20-2-262.
Original Rule entitled "Applications for State Capital Outlay Funding" adopted. F. Nov. 30, 1990; eff. Dec. 20, 1990. Amended: F. Sept. 19, 1994; eff. Oct. 9, 1994. Amended: F. Nov. 21, 1996; eff. Dec. 11, 1996. Amended: F. June 29, 2000; eff. July 19, 2000. Amended: F. May 21, 2001; eff. June 10, 2001. Amended: F. May 10, 2012; eff: May 30, 2012.

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