§ 198:15-c — Approval of Plans; Specifications, and Costs of Construction or Purchase

I. (a) A school district maintaining approved schools, desiring to avail itself of the grants herein provided shall submit schematic design plans, cost estimates, and other items determined by the department of education for an eligible school construction project prior to the start of the construction. Projects with approval from the school district's legislative body to construct, not subject to receiving building aid, are not eligible.
(b) Beginning January 1, 2025 and each year thereafter, to be considered for a school building aid grant, the complete building aid application shall be submitted no later than April 1 of the fiscal year that immediately precedes the fiscal year in which the school desires to seek the district's legislative body's or chartered public school board of trustees' approval for construction. The application shall include at a minimum, schematic design plans, cost estimates, educational needs assessment, existing facility conditions assessment including, but, not limited to a review of the mechanical, electrical, plumbing, and structural components of the building, proof of an annual school budget to support good maintenance, and other documentation as required by the department and identified in the department's school building construction rules.
(c) As deemed appropriate, emergency projects that are recommended by the commissioner of education shall be addressed on a case-by-case basis by the state board of education at any time during the school year. A school construction project requiring the replacement of all or a significant portion of a school facility which is declared uninhabitable or is identified as an imminent danger or substantial risk by the state fire marshal or a state or federal agency, and which results from an unanticipated and sudden natural or human disaster, shall qualify as an emergency project.
II. (a) The commissioner shall accept school building aid grant applications based upon completeness and submit a preliminary school building aid grant list, with applications ranked in accordance with subparagraph II(b) and rules of the department, to the school building authority established pursuant to RSA 195-C by August 1 each year. The school building authority shall verify the ranking submitted by the commissioner and submit a list in descending rank order to the state board of education for approval. If the ranking submitted to the school building authority differs from the preliminary school building aid grant list, the school building authority shall justify the new ranking using the same criteria in subparagraph II(b) and in rules of the department. The school building authority shall submit the school building aid rank order listing with written report of findings to the state board no later than October 15, each year. The state board of education shall verify the ranking submitted by the school building authority. If the ranking submitted to the state board of education differs from the preliminary school building aid grant list submitted by the commissioner, the state board of education shall justify the new ranking using the same criteria in subparagraph II(b) and rules of the department. The state board of education shall approve and publish the descending rank order list of approved eligible school construction projects by November 15 each year. School districts and chartered public schools which have projects approved for funding shall be notified by the department of education of the projected amount to be funded within 10 days of approval. The project rating system and criteria used to rate project applications which shall include an administrative review process for appeal of a school district's or chartered public school's project point rating, shall be developed by the department of education and approved by the state board of education.
(b) The commissioner of the department of education shall accept school building construction proposals based upon completeness. The department of education shall consider and score each proposal based on the following criteria:
(1) Unsafe conditions.
(2) Facilities not in compliance with the Americans With Disabilities Act, or obsolete, inefficient, or unsuitable facilities or mechanical and building systems.
(3) Overcrowding and associated influences to instructional areas and programming.
(4) Enrollment projections and population shifts.
(5) A school district's or chartered public school's fiscal capacity based on measurable criteria such as the percentage of pupils eligible for free and reduced price meals.
(6) School security design and integration of security systems.
(7) The project contributes to operational cost efficiencies, consolidation, or reduced property taxes.
(8) High performance of design that provides environments that are energy and resource efficient. Energy and resource efficient designs are those that improve indoor air quality, air temperature, or water quality; reduce heating costs; provide better lighting; and increase average attendance.
(9) Any other criteria that the state board of education may determine are necessary.
(c) Except as provided in subparagraph (d), applications on the approved ranked list the previous fiscal year, including the school construction projects on the descending rank order list approved by the state board of education on November 10, 2022, but did not receive a grant due to insufficient funds in the previous fiscal year, shall be ranked ahead of any application that was not on the list in the previous fiscal year provided that construction of the project has not started.
(d) Applications with critical needs pursuant to subparagraph II(b) and substantial deficiencies, as defined by the department of education's school construction rules, may be ranked ahead of applications received in the prior fiscal year.
(e) Projects that did not receive approval from the school district's legislative body or chartered public school board of trustees may resubmit those projects to the department for future consideration.
III. A school district or chartered public school that accepts school building aid for construction shall engage the services of an owner's project manager for construction or reconstruction/renovation projects of $1,250,000 or more, unless the commissioner waives such requirement as unnecessary. The owner's project manager shall have his or her own comprehensive liability and auto insurance, workers' compensation coverage, and professional liability coverage. The state board of education shall adopt rules pursuant to RSA 541-A relative to the required services, responsibilities, and qualifications for the owner's project manager to ensure the project owner's best interests are carried out.

Legislative History

1955, 335:9, par. 14-c. 1967, 362:5; 399:2. 1989, 357:3. 2003, 306:1. 2005, 228:2, eff. Sept. 9, 2005. 2010, 327:3, eff. Sept. 18, 2010. 2012, 275:3, eff. Aug. 18, 2012. 2013, 239:2, eff. Sept. 13, 2013. 2016, 72:1, eff. July 18, 2016. 2019, 290:1, eff. Sept. 27, 2019. 2023, 35:1, eff. July 1, 2023. 2024, 47:3, eff. July 1, 2024; 226:4, eff. Sept. 17, 2024. 2025, 280:4, eff. Sept. 30, 2025.