4 AAC 31.900. Definitions

As used in this chapter and in AS 14.07, AS 14.08, and AS 14.11, unless the context requires otherwise,

(1) "addition" means new space for expanded educational programs or new programs or space that replace substandard or destroyed space, by connection to an existing school facility; the term includes capital equipment;

(2) "capital equipment" means built-in and movable equipment used to furnish a newly constructed or rehabilitated space; it includes first-time purchase of library books, reference material, and media to furnish a new or renovated library; it does not include supply items such as textbooks and expendable commodities; the term is further defined in the Guidelines for School Equipment Purchases , 1997 edition;

(3) "commissioner" means the commissioner of the Department of Education and Early Development;

(4) "elementary and secondary schools" means,

(A) for a former school construction grant application that was submitted to the department before January 1, 1996, buildings that have been built or converted predominantly to support instruction of elementary and secondary students as defined in Alaska Small Elementary Program and Space Guidelines , 1983 Edition, and Alaska Small High School Program and Space Guidelines , 1983 Edition, or, for schools designed to house more than 500 students, buildings that provide not more than 100 gross square feet per student in kindergarten - 8th grade and not more than 150 gross square feet per student in 9th - 12th grade, subject to a variance granted under 4 AAC 31.030(c) , and facilities for the support of that instruction; and

(B) for a former school construction grant application submitted to the department on or after January 1, 1996, and before April 17, 1998, buildings that have been built or converted predominantly to support instruction of elementary and secondary students under the guides for educational facility planning and related standards set out in 4 AAC 31.020 or, in the discretion of the department, as defined in Alaska Small Elementary Program and Space Guidelines , 1983 Edition, and Alaska Small High School Program and Space Guidelines , 1983 Edition, or, for schools designed to house more than 500 students, buildings that provide not more than 105 gross square feet per student in kindergarten - sixth grade and not more than 150 gross square feet per student in 7th - 12th grade, subject to a variance granted under 4 AAC 31.030(c) , and facilities for the support of that instruction; and

(C) for a school capital project application submitted to the department on or after April 17, 1998, buildings that have been built or converted predominantly for instruction of students in grades kindergarten through 12, and buildings for the support of that instruction; for purposes of this subparagraph,

(i) elementary students are those in grades kindergarten - 6th; and

(ii) secondary students are those in grades 7th - 12th;

(5) "locally generated revenues" means all revenue of the municipality excluding state and federal money provided to the municipality except money provided under AS 14.11.100 and AS 43.50.140 ;

(6) "new school construction" means space for educational programs which have not been previously offered, space that replaces a substandard or destroyed school building, or space for an expanded enrollment in the facility, by construction or reconstruction of a detached school facility of any size, with related capital equipment;

(7) "rehabilitation" means adapting an existing facility to improve the opportunity to provide a contemporary educational program; and includes major remodeling, repair, renovation, and modernization with related capital equipment;

(8) repealed 12/2/83;

(9) "education related facility" means any capital project designed to provide support services for students and for staff, but does not include employee or student housing;

(10) "facility" means, for the purpose of state aid under AS 14.11.011 or 14.11.100, the buildings and grounds needed to

(A) house and support the educational program; or

(B) provide a centralized support service which is required to effect an efficient and cost effective operation of the district's education program;

(11) "preventive maintenance program" means the annual activities to be conducted throughout a school district under AS 14.14.090 (10);

(12) "maintenance" means an activity conducted on a routine basis to a facility, or a component of a facility, to ensure that the facility remains in operation, and includes the replacement of components with a short physical life and repairing normal wear and tear to the facility;

(13) "service area" means a geographic area within a school district which is locally established to determine which elementary or secondary school within the school district a student is to attend;

(14) "applicable legal standards" or "legal standards" means statutes, codes, or regulations enacted or adopted by competent legal authority;

(15) "accrued interest" means interest for the period between the date of issue of a bond and settlement;

(16) "average daily membership" or "ADM" has the meaning given in AS 14.17.250 ;

(17) "base square feet allowable" means space that is needed to provide for standard instructional programs and any support spaces ancillary to those programs, including building operations;

(18) "space" means the gross square feet of the floors of a building;

(19) "supplemental square feet allowable" means space that is provided to address the varying levels of efficiency, on a per student basis, of accommodating static space requirements, including those needed to meet applicable state and municipal building codes and applicable building operations standards;

(20) repealed 7/13/2000;

(21) "school capital project" means a school construction or major maintenance project for which state aid is requested or provided when the costs of the construction or maintenance exceed $25,000;

(22) "temporary" as applied to facilities means facilities, typically providing classroom or administrative space, of temporary construction, intended for use for a limited period of time, and installed with minimal site support and without full utility services or a foundation of permanent construction;

(23) "combined elementary and secondary school" means a school that serves students in all elementary and secondary grades, including kindergarten, offered in a community;

(24) "mixed grade school" means a school, including a middle school, that serves some, but not all, elementary and secondary grades offered in a community;

(25) "attendance area" means an attendance area established under 4 AAC 31.016;

(26) "feeder school" means a school that does not serve students through grade 12 and that feeds students to another school serving grades higher than those served by the feeder school;

(27) "geographically separated" means

(A) lacking year-round, publicly-maintained road access to other district schools; or

(B) separated by more than 20 road miles from the closest other school in the district;

(28) "high school" means a school serving grades 9-12;

(29) "long-term lease" means a lease with a term

(A) of at least 50 years; or

(B) that can be extended to at least 50 years, by the lessee's exercise of a written right to renew the lease;

(30) "core areas" means

(A) those spaces identified in the planning guides described in 4 AAC 31.020(a) and listed as "activity or specialized subject areas"; and

(B) supplementary spaces identified in the application made under 4 AAC 31.020(a) .

History: Eff. 3/1/78, Register 65; am 6/9/83, Register 86; am 12/2/83, Register 88; am 9/12/85, Register 96; am 8/31/90, Register 115; am 9/29/90, Register 115; am 10/7/95, Register 136; am 4/17/98, Register 146; am 2/18/99, Register 149; am 7/13/2000, Register 155; am 8/23/2001, Register 159; am 12/19/2002, Register 164; am 12/20/2002, Register 164

Authority: AS 14.07.020

Editor's note: Under AS 44.62.125 (b)(6), the regulations attorney has relocated the definition section from 4 AAC 31.090 to 4 AAC 31.900, as of Register 115 (October 1990). The publications mentioned in 4 AAC 31.900(2) and (4) may be obtained from the Department of Education and Early Development, 801 W. Tenth St., Suite 200, Juneau, Alaska 99801-1894.

As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Education to the Department of Education and Early Development made by ch. 58, SLA 1999, and the corresponding title change of the commissioner of education.

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