Committee approves DAS school-construction rules after removing application-withdrawal clause

The Regulation Review Committee approved proposed regulation 2026006 from the Department of Administrative Services, which governs administration of grants for school building construction projects, after amending the proposal to delete a provision allowing the agency to deem applications withdrawn in limited circumstances.

Michelle Gilman, commissioner of the Department of Administrative Services, introduced the rule and said the school-construction grant program is a reimbursement program. Gilman and agency attorneys Jenna Padula and Amy LaChance answered detailed member questions about allowable square footage, special-education space, inflation adjustments and public comment.

Jenna Padula confirmed that, under the proposed rule, special-education spaces are reimbursed at the same rate as other square footage and that there are mechanisms to request that certain early-childhood and special-education space be excluded from standard space calculations when justified. "There are some opportunities for the commissioner to exclude space for early childhood and special education programming from the space standard calculation upon request," Padula said.

Members raised a specific objection to a provision (section 10-287(c)(25)) that would allow DAS to deem an application withdrawn if construction had not begun by the date of an extension or if an applicant failed to respond within 60 days. Attorney LaChance said the provision was intended as an infrequent administrative tool to clean up abandoned files and that applicants would be notified and could ask to reinstate an application. Representative Carpino and others asked that the agency copy legislative delegations when possible before withdrawing applications so local delegations could help resolve issues.

Senator Kissel moved to delete subsection c of 10-287; after procedural consultation with LCO and a short recess, the committee voted to delete that subsection (vote recorded: 12 yay, 2 absent, 0 nay). The committee then proceeded with the amended motion to accept the LCO recommendation of approval in whole with technical corrections (and deletion of technical correction #8), which passed by roll call.

Members also asked about reimbursement 'bumps' enacted in recent legislation for certain special-education spaces and requested further written guidance from DAS on how districts can apply the higher rates and how that interacts with seed grants and other programs. DAS agreed to provide additional guidance and to continue outreach to school districts and local delegations.

The amended regulation will proceed to publication and the department said it will continue outreach and technical assistance for districts.