PART Ed 322 REGIONAL VOCATIONAL CENTER LEASES
Ed 322.01 Purpose. The purpose of Ed 322 is to implement the provisions of RSA 198:15-hh relative to providing annual grants to meet the costs of leasing permanent space in buildings for regional vocational centers that are used for the operation of high school vocational technical education programs.
Ed 322.02 Definitions. Except where the context makes another meaning clear, the following words have the meaning indicated when used in Ed 322:
(a) "Construction " means construction as defined in RSA 188-E:2,IV.
(b) "Department" means the New Hampshire department of education.
(c) "District" means a school district as defined in RSA 194:1, and a cooperative school district as defined in RSA 195:1.
(d) "Lease" means an agreement to lease permanent space in a building or buildings not owned by the district for a regional vocational center program that is used for the operation of a high school vocational technical education program and that is eligible to receive grants under RSA 198:15-hh.
(e) "Leased facility" means permanent space in a building or buildings as described in the lease.
(f) "Regional vocational center" means those buildings designated as regional vocational centers under RSA 188-E:1 as part of a high school vocational technical education program.
(g) "Regional vocational center program" means a high school vocational technical education curriculum offering that is eligible to receive grants under RSA 188-E and RSA 198:15-hh.
(h) "School building aid" means the annual grant for a lease under RSA 198:15-hh, I.
Ed 322.03 Lease Agreements.
(a) A lease shall be approved by the legislative body of the district in the same manner as construction bonds.
(b) A lease shall only be approved for educational space to be used by a regional vocational center. Lease costs for administrative space, space for non-vocational technical education programs, and storage beyond what is required for vocational technical education programs in the regional vocational center shall not be eligible for reimbursement.
(c) An initial lease shall be for a term of 10 years or less to be eligible to receive school building aid.
(d) The district shall be responsible for paying to the property owner all costs incurred through the lease. School building aid shall be considered a reimbursement of a portion of rental costs as authorized by RSA 198:15-hh; provided that sufficient funds are appropriated by the legislature and made available to the department.
(e) A lease shall continue until its term expires. The sale of the property by the owner or a declaration of bankruptcy by the owner shall not terminate the agreement entered into with the district.
(f) The lease shall provide for dedicated on-site parking for staff and students.
(g) The lease shall state the parties responsible for carrying out the following activities, the procedures for carrying out such activities, and the cost of and payment for completing the activities at the regional vocational center:
(2) Custodial services;
(3) Refuse removal;
(4) Snow removal; and
(5) Grounds maintenance.
(h) The duties of property owners in Ed 322.07 shall be included in the provisions for each lease.
(i) The lease for a regional vocational center and the center's programs shall be included in the annual review of the regional vocational center by the department under Ed 322.08.
Ed 322.04 Approval and Review of Leases.
(a) Each lease shall be reviewed by an attorney licensed in New Hampshire who is knowledgeable in contract law pertaining to such lease agreements. Districts wishing to receive school building aid shall submit certification to the department that the lease has been reviewed, approved, and signed.
(b) A lease shall be reviewed and approved by the department using the following criteria to ensure that the lease represents an efficient use of state and local resources:
(1) Space requirements as compared to available space at the existing regional vocational center and according to current standards for school building construction;
(2) Projected student enrollment;
(3) Need for specialized space or equipment; and
(4) Cost compared to the cost of construction for an equivalent school district facility.
Ed 322.05 Renewal of Leases.
(a) Leases may be renewed for a maximum of 10 years. Upon renewal, a lease agreement shall remain eligible to receive school building aid if the department determines that the lease represents an efficient use of state and local resources.
(b) The department shall use the following criteria to make this determination:
(1) Space requirements as compared to available space;
(2) Projected student enrollment;
(3) Need for specialized space or equipment; and
(c) Whether a lease is renewed shall be reviewed during the planning for future construction projects at the regional vocational center. Requirements being met through the regional vocational center shall be included in the planning for the construction project. A leases shall be terminated upon completion of the construction project.
Ed 322.06 Early Termination of Leases . The lease shall:
(a) Include a provision to allow early termination of the lease by the district in the event the building is no longer required to meet the needs of the regional vocational center.
(b) Include a provision for early termination by the district in the event the property owner fails to fulfill the terms of the lease.
(c) Include a provision that requires the property owner to give notice of at least 60 days prior to early termination of the lease by the property owner.
Ed 322.07 Duties of Property Owners.
(a) In order for a district to be eligible for school building aid, property owners shall comply with the provisions of this section.
(b) The property owner shall identify the location of any and all asbestos-containing material prior to occupancy of the property as a regional vocational center by the district. Pursuant to RSA 141-E:3, the leased property shall be subject to the requirements of the Asbestos Hazard Emergency Response Act (AHERA), 15 USC 53.
(c) The property owner shall conduct or cause to be conducted a water test prior to occupancy of the property as a regional vocational center by the district. The property owner shall also conduct or cause to be conducted a water test annually on the date occupancy commenced. The property owner shall obtain water quality results either from the municipal system, if connected, or in accordance with the applicable provisions of Env-Ws 300 et seq. as required for non-transient, non-community water systems.
(d) The property owner shall agree to allow testing for air quality, mold, lead, asbestos, or any other hazardous materials or conditions at the expense of the school district. The property owner shall agree to promptly correct any deficiencies identified by such testing at the expense of the property owner. Testing shall be allowed prior to occupancy of the property as a regional vocational center or program by the district, and at any time during such occupancy.
(e) The property owner shall maintain property and liability insurance as provided in section 15 of the State of New Hampshire Department of Administrative Services Bureau of Planning and Management Standard Lease Agreement, Form P.44, February 1999 edition. The property owner shall agree to fully compensate the district for loss or damage to property or any other costs associated with an event resulting from negligence by the owner or the owner's agents or employees.
(f) If utility costs are included in the monthly or annual lease payment, the property owner shall separate those costs from the rental costs on the invoice submitted to the district.
Ed 322.08 Regional Vocational Center Programs.
(a) Each regional vocational center program in a leased facility shall be reviewed on an annual basis by the department. The annual review shall indicate a need to lease or to continue leasing space.
(b) In order to be eligible to receive school building aid for a regional vocational center program in a leased facility, districts shall meet the following requirements:
(1) Districts shall provide the department with a transportation plan and budget for the use of the leased facility;
(2) Districts shall submit to the department a certificate signed by the local code enforcement official, fire chief, a licensed engineer or a licensed architect that indicates that the leased facility meets:
a. The state building code under RSA 155-A;
b. The state fire code under Saf-C 6000;
c. The New Hampshire code for barrier-free design under Abfd 300; and
d. The code for energy conservation in new building construction under RSA 155-D, as applicable.
(3) The leased facility shall meet the minimum and maximum space requirements of RSA 198:15-b, RSA 198:15-d, RSA 198:15-e, RSA 198:15-g, and Ed 321; and
(4) If food service operations, either culinary arts education or school provided meals, are to take place in the leased facility, the district shall submit letters of approval to the department for the operations from the department's bureau of nutrition and from the bureau of food protection in the New Hampshire department of health and human services, as provided in He-P 2302.
Ed 322.09 School Building Aid.
(a) Applications for school building aid for leased facilities shall be submitted to the department prior to January 1 of each year in order to be eligible to receive a grant for school building aid in the fiscal year following the year of submittal.
(b) School building aid grant payments for leased facilities shall be awarded to districts at the same time and in the same manner as grant payments for construction projects under RSA 198:15-b.
(c) In the event that the annual budget for school building aid from funds appropriated by the general court is insufficient to give districts their full entitlement of school building aid in any year, grant payments for regional vocational centers shall be prorated equally among all eligible districts as specified in RSA 198:15-e.
(d) The application for school building aid for a leased facility shall include:
(1) A copy of the lease agreement;
(2) An explanation of why the lease is necessary;
(3) A floor plan showing the proposed layout and use of the space to be leased for the regional vocational center;
(4) A site plan of the building and the surrounding property; and
(5) A description of the surrounding area that includes the specific types of residential, commercial and industrial activities that take place on the property and on all abutting properties.
(e) In order to receive school building aid grant payments for leased facilities, districts shall submit to the department information on the costs and descriptions of at least 2 alternative properties that have been considered to meet the requirements for a regional vocational center educational program in addition to the property that has been selected. The reason for choosing the selected property over the others shall be clearly explained.
(f) The initial building costs of modifying the building to meet the requirements of the regional vocational center educational program shall be eligible for school building aid if the district is required to pay those costs by the terms of the lease for the regional vocational center.
Ed 322.10 Costs not Eligible for School Building Aid for Leased Facilities. The following costs shall not be eligible for school building aid:
(a) Costs for damages to the leased facility beyond fair wear and tear;
(b) Any deposits of funds that the district is required to provide to the property owner that are subsequently returned to the district;
(c) Utility costs at the leased facility;
(d) Costs associated with the activities in Ed 322.03(g); and
(e) Costs associated with a lease for the use of portable or modular classroom space.
Source. #8086, eff 5-26-04