SECTION 210:30-3-2. Disaster assistance grants

(a)   Applications; solicitation and acceptance.

(1)   At such a point in the legislative session that state funds are appropriated for disaster assistance grants for the purpose of defraying the cost of buildings destroyed by a natural disaster, the State Department of Education shall notify by letter, information announcing the availability of funds.

(2)   The notification letter will clearly state which applications are being solicited and state the name and telephone number of the contact person at the Department who administers each program.

(3)   Applications may be obtained by calling or writing the contact person and requesting an application form.

(4)   Grant application forms are to be completed and returned to the grant administrator approximately one month after applications are made available. A specific deadline date will be clearly stated in the application solicitation letter. This date may vary from year to year depending on the point in the legislative session that grant funds are appropriated.

(5)   The evaluation of the grant applications will take place within two weeks following the submission deadline.

(6)   After evaluation, the grant administrator will recommend to the Superintendent of Public Instruction those applications which have been determined to be eligible for funding.

(7)   The State Board of Education will make final grant awards approximately one month after the submission deadline. Every effort will be made by the Board to assure that grant awards are made before the beginning of the fall term for the school year in which the funds will be made available.

(8)   Grant awards are not final until action has been taken by the State Board of Education.

(9)   State Department personnel shall visit the site prior to determination of eligibility for grant application.

(10)   The school district is required to present a "Proof of Loss" (such as a detailed certified appraisal from the insurance adjustor) and copies of documents showing insurance reimbursements and funds from Federal reimbursements used to repair or rebuild the damaged area.

(11)   The State Department of Education shall use the standards established by the U.S. Department of Education for determination of eligible expenditures.

(12)   Grant funds shall comply with the State Board of Education regulations on budgeting and business management and are subject to normal auditing review.

(b)   Replacement of instructional and maintenance supplies, equipment, and materials. The State may authorize assistance for the replacement of instructional and maintenance supplies, equipment, and materials—including textbooks that have been seriously damaged or destroyed as a result of a disaster.

(c)   Payment of minor repairs.

(1)   The State may authorize assistance for payment for minor repairs greater than $1,000.

(A)   Repair of a school facility is considered minor if the repair:

(i)   Relates to an architectural, mechanical, or structural element of the facility, or its site, grading, or surrounding improvements;

(ii)   Restores a portion of the facility to a condition similar to its condition before the disaster; and

(iii)   Replaces more than 30 percent of any one major structural element, such as a loadbearing wall or roof truss, that supports the weight of the facility, or;

(iv)   Replaces more than 30 percent of a major structural element.

(B)   Use of funds for construction must meet the following:

(i)   A Local Education Agency (LEA) may choose to apply grant funds available for minor repairs to a damaged school facility or to the razing of the facility and the construction of a new facility similar to that damaged facility.

(ii)   The LEA must pay all additional costs associated with its choice to construct a new facility rather than to repair the damaged facility.

(C)   Repair of equipment and materials must meet the following:

(i)   Repair of equipment and materials is considered minor if the repair costs less than replacement of the equipment and materials.

(ii)   Unless the exception applies, an LEA must repair rather than replace damaged equipment and materials if this repair is minor.

(iii)   Exception: An LEA may choose to apply grant funds available for minor repairs to damaged equipment and materials to the purchase of new equipment and materials providing the LEA pays all additional costs associated with that choice.

(d)   Restoration or replacement of school facilities.

(1)   The State may authorize assistance for the restoration or replacement of seriously damaged or destroyed (in excess of $1,000) minimum school facilities.

(2)   A school facility is considered to be seriously damaged if it is necessary to restore or replace more than 30 percent of a major structural element, such as a load-bearing wall or roof truss, that supports the weight of the facility.

(3)   Assistance is limited to those facilities that are necessary to operate a program of free public education for an LEA's membership at normal capacity in accordance with the laws and common practice of the State and that prior to the disaster, were either:

(A)   In use by the LEA; or

(B)   Being constructed by the LEA.

(4)   For facilities seriously damaged but not destroyed, assistance is limited to the lesser of:

(A)   The cost of restoring the facility; or

(B)   The cost of replacing the facility.

(5)   For facilities that have been destroyed, assistance is limited to the lessor of:

(A)   The cost of replacing the facility on the same site; or

(B)   The cost of replacing the facility on another appropriate site.

(6)   An LEA that restores or replaces a minimum school facility shall give appropriate consideration to excellence of architecture and design.

(7)   An LEA that restores or replaces a minimum school facility shall ensure that all facilities constructed with assistance under this program provide appropriate access and use by handicapped persons.

(e)   Additional eligible expenses. The replacement of building contents, debris removal and cleanup, leasing of school facilities, payment for additional work performed by the district and utilities shall be eligible expenses.

(f)   Evaluation criteria.

(1)   The State Department of Education School Plant Services section will evaluate each application based on the parameters established in the application. These parameters are:

(A)   Certification of loss

(B)   Certification of insurance Reimbursement

(C)   Certification of Federal Reimbursement or assistance.

(D)   Certification of any Local Funds or assistance.

(E)   Amount of Loss not recovered by other means in excess of $1,000.00 with no district to receive more than $40,000.

(2)   After evaluation of the applications, the School Plant Services staff shall submit the applications to the State Board of Education for appropriate action.

(3)   In the event of insufficient appropriation to meet the anticipated funding requirements, all applications shall be adjusted to a proportional share of the amount of the appropriations established by the Legislature.