90-6-811. Priorities for projects -- application of criteria -- consideration of project attributes -- adjustments for educationally relevant factors. (1) In preparing recommendations to the governor under 90-6-810, the department shall apply the following criteria to applications for school facility projects in the listed order of priority:
     (a) projects that solve urgent and serious public health or safety problems or that enable public school districts to meet state or federal health or safety standards;
     (b) projects that provide improvements necessary to bring school facilities up to current local, state, and federal codes and standards;
     (c) projects that enhance a public school district's ability to offer specific services related to the requirements of the accreditation standards provided for in 20-7-111;
     (d) projects that provide long-term, cost-effective benefits through energy-efficient design;
     (e) projects that incorporate long-term, cost-effective benefits to school facilities, including the technology needs of school facilities; and
     (f) projects that enhance educational opportunities for students.
     (2) In applying the criteria under subsection (1), the department shall consider, without preference or priority, the following attributes of a school facility project application:
     (a) the need for financial assistance;
     (b) the fiscal capacity of the public school district to meet the conditions established in 90-6-812;
     (c) past efforts to ensure sound, effective, long-term planning and management of the school facility and attempts to address school facility needs with local resources;
     (d) the ability to obtain funds from sources other than the funds provided under this part; and
     (e) the importance of the project and support for the project from the community.
     (3) Before making its recommendations to the governor, the department may make adjustments to its ranking of the projects based on the educationally relevant factors established in 20-9-309. Before making any adjustments, the department may consult with the office of public instruction concerning the educationally relevant factors.

     History: En. Sec. 6, Ch. 377, L. 2009.