Plan Con Procedures
Plan Con Procedures
1.
Articles 7 and 25 of the Pennsylvania Public School Code of 1949;
2.
Chapter 21, School Buildings, of the State Board of Education
Regulations;
3.
Chapter 349, School Building Standards, of the Department of EducationStandards;
4.
BEC 24 P.S. § 25-2574, "Reimbursements for School Construction Bond
Issues," provides information on state reimbursement for bond issues
funding school construction projects; and
5.
BEC 24 P.S. § 7-733, "School Construction Reimbursement Criteria,"
contains the following requirements for reimbursable school constructionprojects
:
a. CURRENT STANDARDS - A condition of reimbursement is to bring theentire buildi
ng up to prevailing educational and reasonably currentconstruction standards;
b. DISTRICT-WIDE FACILITY STUDY - A district-wide facility studyfor all district
facilities must have been completed prior to thesubmission of PlanCon Part A an
d within two years of that date.
Refer to Attachment C in the PlanCon Part A instructions for
additional information on district-wide facility study requirements;
c. WOOD CONSTRUCTION - For any project involving the renovation ofa multi-storie
d building which has wood framing (i.e., interiorframing is partially or wholly
of wood), a district must describethe plans and methods designed to address the
health and safetyissues related to this type of construction;
d. EARLY CHILDHOOD - For elementary school projects, schooldistricts should cons
ider providing enough space for prekindergarten,
full-day kindergarten and preK-3 classes with no morethan 17 students per teache
r.
e. HIGH PERFORMANCE GREEN BUILDINGS - School districts should
consider designing their projects to meet the U.S. Green BuildingCouncil s Leaders
hip in Energy and Environmental Design GreenBuilding Rating System (LEED-NC ) stan
dards or the Green BuildingInitiative s Green Globes Building Rating System.
f. 20 YEAR RULE - Buildings may only qualify for schoolconstruction reimbursemen
t every twenty years at a minimum unless a
variance is requested and approved. To determine the applicabilityof the "20-yea
r" rule on a project building, calculate the number ofyears from the bid opening
date of the previous reimbursable projectto the bid opening date of the planned
project; and
g. 20% RULE FOR ALTERATION COSTS - An alteration project may not beeligible for
reimbursement where the costs for alterations are lessthan 20% of the project bu
ilding's replacement value unless a
variance is requested and approved. This rule does not apply tocareer and techni
cal centers (CTCs) or to leased buildings.
A request for a variance from the departmental policies in BEC 24 P.S.
§ 7-733, except for the "20% Rule for Alteration Costs", must be submitted inthe f
orm of a resolution of the board of school directors. A request for avariance fr
om the "20% Rule for Alteration Costs" may be submitted on the
GENERAL INFORMATION, JULY 1, 2007 INSTRUCTIONS EXPIRE 06-30-09 PAGE 4
applicable PlanCon forms in PlanCon Parts A, D and G. Any request for
variance must document the reasons why the variance should be granted.
BEC 24 P.S. 7-733 enables districts to request variances of the 20-yearrule so t
hat renovations on a project building reimbursed in the past twentyyears may now
be eligible for state reimbursement. Variance requests may bejustified based on
educational, operational, building envelope (structural,
foundation, roof and window systems), and health and safety issues, ifapplicable
. Unanticipated changes in building conditions or other factors mayalso help to
justify a request. Each request is reviewed on a case-by-casebasis. Districts sh
ould contact this office for further direction when
considering substantial renovations to any school buildings reimbursed withinthe
past twenty years.
ACT 34 OF 1973
Act 34 of 1973 requires that a public hearing be held on all newconstruction and
substantial additions for second, third and fourth classschool districts. A bui
lding addition is considered substantial when the newarchitectural area divided
by the existing structure's architectural area isgreater than 20 percent. Act 34
applies only to costs for new construction.
The legal requirements do not address the costs for alterations to existingstruc
tures.
24 P.S. § 7-701.1 requires that the board of school directors hold asecond Act 34
hearing on a project whenever the maximum building constructioncost based on bid
s exceeds the maximum building construction cost based onestimates by eight perc
ent or more. Moreover, a referendum must be held on aproject if the maximum buil
ding construction cost based on bids exceeds theaggregate building expenditure s
tandard. The second Act 34 of 1973 hearing orthe Act 34 referendum must be held
before a district enters into construction
contracts and commences work on any portion of a project, the cost of whichwould
cause the statutory limit to be exceeded. Since the calculations to
determine the need for a second Act 34 hearing or referendum, as well as otherel
igibility criteria, are included in PlanCon Part G, districts are cautionedabout
entering into contracts and starting construction before obtainingDepartmental
approval of PlanCon Part G. Failure to comply with the legal,
regulatory and Departmental requirements applicable to a school constructionproj
ect will result in the denial of reimbursement.
Under Act 34 s provisions, an Act 34 project is subject to the secondhearing and r
eferendum requirements until all construction is completed. In
fact, an Act 34 referendum or second hearing may be required even duringconstruc
tion if a project's accumulated costs, including any planned equipmentpurchases
or future construction work, exceed a project's statutory limit.
When the Act 34 referendum limit or second Act 34 hearing limit for a projectis
exceeded, the only options available are: (1) to hold a referendum orhearing bef
ore proceeding with any work or equipment purchases causing thestatutory limit t
o be exceeded; or (2) to reduce the scope of any proposedwork or equipment purch
ases.
APPROVAL OF CONSTRUCTION DOCUMENTS AND REIMBURSEMENT DETERMINATION
Section 731 of the Public School Code of 1949 states that no publicschool buildi
ng shall be contracted for, constructed, or reconstructed in anyschool district
of the second, third, or fourth class until plans andspecifications have been ap
proved by the Department of Education.
Departmental approval of final plans and specifications only occurs upon theissu
ance of written approval of PlanCon Part F, Construction Documents. For
the Philadelphia City School District (First Class) and Pittsburgh SchoolDistric
t (First Class A), PlanCon Part F must also be approved by theDepartment prior t
o entering into contracts for a school construction projectto qualify for state
reimbursement. Failure to comply with the applicablestatutory or Departmental re
quirement will result in denial of reimbursementfor a project.
GENERAL INFORMATION, JULY 1, 2007 INSTRUCTIONS EXPIRE 06-30-09 PAGE 5
Departmental approval of PlanCon Part F for a project does not guaranteereimburs
ement for that project. A project is deemed eligible forreimbursement only upon
written Departmental approval of PlanCon Part G,
Project Accounting Based on Bids.
CALCULATION OF REIMBURSEMENT FOR SCHOOL CONSTRUCTION PROJECTS
In general, reimbursement for school construction projects is based onthe capaci
ty of a building which can be justified by present or projectedstudent enrollmen
t. Classroom capacity is normally calculated on the basis of25 students per regu
lar classroom. (Other values are assigned tolaboratories, gymnasiums, art rooms,
music rooms, etc.) For example, if adistrict has a 20 classroom elementary buil
ding, we would normally considerthe building to have a full-time equivalent capa
city of 500 (20 x 25).
The capacity in this example would have to be supported by current orprojected e
nrollment. This capacity is then converted to rated pupilcapacity. The term "rat
ed pupil capacity" has no significance other than itis a method for calculating
reimbursement. An elementary building with afull-time equivalent capacity of 500
is deemed to have a "rated pupilcapacity" of 700. (Refer to PlanCon Part A inst
ructions for conversioncharts.)
For a new building, reimbursement is calculated on the lesser of (1) theproduct
of the rated pupil capacity multiplied by a legislated per pupildollar amount (2
4 P.S. Section 25-2574), or (2) structure costs plusarchitect's fee (six percent
maximum) and essential movable fixtures andequipment. To the lesser of (1) or (
2) above, additional funding for certaintypes of projects and specified eligible
ancillary costs is added. Additional
information about legislative changes affecting school constructionreimbursement
follows this section.
For a building addition or additions/alterations, reimbursement isdetermined sim
ilar to that for a new building. The rated pupil capacity forthe total building
is multiplied by the legislated per pupil dollar amount toarrive at a total reim
bursable amount. The gross area of the addition isdivided by the gross area of t
he completed facility to arrive at the prorationof the addition to the total bui
lding. The same method is used to determine
the proration of the existing building to the completed building. These
values are then compared to the actual bid costs of the addition andrenovation w
ork. To the lesser of the maximum reimbursable formula amount or
actual bid costs, additional funding for certain types of projects andspecified
eligible ancillary costs is added. Additional information about
legislative changes affecting school construction reimbursement follows thissect
ion.
For alterations to existing structures, reimbursement for roofreplacement and as
bestos abatement (if applicable) are each limited to twentypercent (20%) of the
remaining assignable alteration costs. Reimbursement for
site development is limited to ten percent (10%) of adjusted structure costsfor
new construction; site development for existing structures is nonreimbursable.
For all non-vocational projects, reimbursement for movablefixtures and equipment
is limited to five percent (5%) of adjusted structurecosts; for all vocational
projects, reimbursement for movable fixtures andequipment is limited to twenty p
ercent (20%) of adjusted structure costs.
Both estimated and actual costs for movable fixtures and equipment, andarchitect
's fee thereon, are not considered for reimbursement until PlanConPart J, Projec
t Accounting Based on Final Costs, is processed by the Divisionof School Facilit
ies.
For new construction as well as alterations to existing buildings, thereimbursab
le project amount is then divided by the total project costs todetermine a reimb
ursable percent. A five tenths of one percent (0.5%)
reduction in the reimbursable percent is made until final project accounting.
GENERAL INFORMATION, JULY 1, 2007 INSTRUCTIONS EXPIRE 06-30-09 PAGE 6
For projects financed by the issuance of debt, the reimbursable percentis multip
lied by the school district's bond issue (principal and interestpayments) to det
ermine the level of Commonwealth participation in the cost ofthe project. The Co
mmonwealth's share is then multiplied by a measure of adistrict's wealth, i.e.,
the greater of Market Value Aid Ratio (MVAR), CapitalAccount Reimbursement Fract
ion (CARF) or Density Factor, to determine the netstate subsidy. An application
for state subsidy must be submitted for eachscheduled payment on the approved pa
yment schedule after the district hasactually made each payment.
For projects financed by cash, i.e. without the issuance of debt, thereimbursabl
e percentage is multiplied by the total project costs for theschool construction
project to determine the level of Commonwealthparticipation in the cost of the
project. The Commonwealth's share is then
multiplied by a measure of a district's wealth, i.e., the greater of MarketValue
Aid Ratio (MVAR), Capital Account Reimbursement Fraction (CARF) orDensity Facto
r, to determine the net state subsidy.
If a project is financed by cash, i.e., without the issuance of debt, noreimburs
ement will be paid until PlanCon Part J, Project Accounting Based onFinal Costs,
is submitted and approved by the Department unless otherwiseapproved by this of
fice. At PlanCon Part J, a certification must be providedindicating that, in acc
ordance with Section 2575.1 of the Public School Codeof 1949, the school distric
t/CTC is providing full payment on account of theapproved building construction
cost without incurring debt or withoutincurring a lease. For purposes of calcula
ting reimbursement, bond proceedsthat are transferred to the general fund and th
en used for a reimbursableconstruction project are still considered bond proceed
s.
The above explanation is intended to be a general introduction to thereimburseme
nt calculations used for school construction projects.
LEGISLATIVE CHANGES AFFECTING
SCHOOL CONSTRUCTION REIMBURSEMENT