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Education Laws and Regulations

603 CMR 38.00:
School Construction

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38.11: Grant Awards

(1) The Board shall annually award school construction grants within the amounts authorized in the general appropriations act or any supplemental appropriation acts. Grants shall be awarded to projects in the order in which they were placed on the waiting list, provided that a project may be bypassed if it does not appear that the applicant will be able to start construction by June 1 of the current fiscal year.

(2) As communities award construction contracts, they must send the Department an amended financial form along with bid documentation and financing information and bond rates and terms. In cases where the original estimate exceeds the bids, the portion of the authorization no longer required for a given project may be released and accrued so that the Board can award additional construction grants.

(3) Minor changes in the final school construction documents may be made with the approval of the Commissioner in cases where an appreciable amount of time has elapsed between document preparation and the Board award of a construction grant where such changes are necessitated by evolving educational needs and changes in municipal building code. In cases of major changes in the scope or design of the project, the Commissioner may recommend that the grant be rescinded and a new application filed.

(4) Upon determination of the final approved cost of the project, the Board may recompute the maximum cost limitations using the cost standards in effect on the date that work began under the general contract, and the grant may be adjusted accordingly.

Regulatory Authority:
603 CMR 38.00: M.G.L c. 69, § 1B and Chapter 70B

Last Updated: June 18, 2004
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