Section 200

200.01.  Each LEA is responsible for determining in its CEFP the specific project funds for which SBA funds will be requested.  Each project proposal to the Authority must address deficiencies and areas for improvement.  As project proposals are developed, LEAs must review their Education Plan, ongoing costs associated with operating and maintaining the existing facility(s), current and projected enrollments, and Fire Marshal / BRIM citations. 

200.02.  To ensure grant requests are funded at an appropriate level to complete all proposed work, budgets for project proposals must be established by a licensed Architect / Engineer (A/E) or a professional cost estimating service.

200.021.  This requirement may be waived by the SBA if only certain components of a building are to be replaced as a part of a project proposal that do not affect structural integrity, HVAC design, ADA compliance, or any other applicable building code.  The LEA may carefully consider obtaining quotations directly from a vendor(s) for the completion of the proposed work in a manner that meets the LEA’s purchasing requirements.  

200.022.  The decision to forego the use of a licensed Architect and/or Engineer for the design of the project is solely that of the LEA.

200.03.  Grant requests may not exceed the SBA funding formula unless innovative curriculum offerings are proposed which require additional square footage, and prior approval is obtained from the West Virginia Board of Education and the Authority.

200.04.  The SBA staff is charged with using all available resources to objectively evaluate each project proposal in order to make funding recommendations to the Authority that exhibit a prudent, resourceful, economic, and efficient expenditure of state funds.  It is recommended that LEAs engage the SBA staff and provide all critical project information in order for the SBA staff to make quality, well-informed recommendations to the Authority.

200.05.  The Authority will receive the recommendations of the SBA staff and take all disclosed information into consideration when making funding decisions. 

200.051  The Authority, as a body, must consider the merits of each project proposal.  In order for each LEA to receive a fair, impartial, and objective evaluation of its proposed project(s), and in order to maintain a high level of ethical standing in regard to the operation of the Authority as an unbiased and equitable body, no single Authority Member or group of Authority Members may act on behalf of the entire Authority, without prior vote of the Authority, in communication with any LEA that has submitted or intends to submit a grant request. 

200.06.  Matching Funds – Unless designated within the specific guidelines of a particular fund, local matching funds included within a School Building Authority project grant proposal are not required.  LEAs should, however, consider the funding limitations of the SBA and the available local funds when submitting a project proposal given the Authority’s desire to further the agency’s reach statewide.  

200.07.  Grants must be awarded by the Authority during a regularly scheduled quarterly meeting, a special meeting, or an emergency meeting.  The SBA staff is charged with establishing submission deadlines given the Authority’s direction on when particular grants shall be awarded. Projects not received by the deadline established will not be considered.   

200.08.  Grants available for distribution include: 

School Construction Needs Grant Funds

Multi-Year Funds

Reserve Grants

Major Improvement Project (MIP) Grant Funds

Multi-County/Statewide Grant Funds

Emergency Funds

Distressed County Emergency Funds

School Access Safety Plan Funds

200.09.  Site Feasibility – Prior to the award of a grant from any fund, the LEA must provide assurances to the Authority that a feasible site has been identified or secured.  The LEA may obtain an option to purchase the land at the time the project is presented to the Authority, however, prior to the execution of the grant contract, the LEA must own the land in which the project will reside. 

200.091  Site feasibility studies shall be performed on all sites being considered for new school construction.  Feasibility studies shall include, but not be limited to: 

a. Utility availability, 

b. Subsurface soil conditions, 

c. An estimate of probable cost to prepare the site for building construction 

d. Suitability of the site with respect to site selection requirements of WVBE Policy 6200

200.092.   The site feasibility study along with the recommendation for the preferred site must be submitted to the SBA for evaluation and review before submitting a grant request.  

200.093.  Should the local board of education desire to construct the new facility on a site where construction costs are estimated higher than those deemed reasonable and customary by the SBA for a school of similar size, all additional costs to prepare the site for construction of the school shall be the responsibility of the LEA.

200.10.  The Authority shall not approve any Grants or Amendments to Grants which include the funding of real estate acquisitions with grant proceeds. 

200.11.  Consolidations – Proposed projects that involve the permanent closure and consolidation of a school must complete all WVBE requirements for school closings or consolidations prior to grant award by the Authority.  This shall include but is not limited to: CEFP approval or CEFP amendment approval, closure hearings, approval by the local board of education, approval by the WVBE.  

200.111.  If a project is submitted to the SBA for funding consideration and the local board of education or the WVBE subsequently rejects the closure application, the SBA project application shall immediately be deemed ineligible for funding in the current funding cycle. ​