| may lease temporary interim space, with state | support, for a maximum of 5 years.__A school | administrative unit may appeal to the state board | if this limitation presents an undue burden.__When | making a determination on a school administrative | unit's request for relief based on undue burden, | the state board may consider, but are not limited | to considering, the following: |
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| (ii)__Enrollment demographics; and |
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| (iii)__Unforeseen circumstances not within | the control of the appealing school | administrative unit. |
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| The state board's decision is final. |
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| (b)__A school administrative unit engaged in a | lease-purchase agreement for temporary interim | nonadministrative space is eligible for state | support for a maximum of 10 years; and |
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| (3)__Permanent small nonadministrative space that | replaces or is converted from existing approved leased | portable space.__The existing approved leased portable | space will be eligible for state support until July 1, | 2003. Once an existing leased portable space has been | converted into a permanent nonadministrative space | through an approved lease-purchase agreement, that | space is eligible for state support for a maximum of 10 | years. |
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| The department shall adopt rules necessary to implement this | paragraph.__Rules adopted by the department to implement | this paragraph are major substantive rules pursuant to Title | 5, chapter 375, subchapter 2-A; |
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| C.__The portion of the tuition costs applicable to the | insured value factor for the base year computed under | section 5806; |
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| D.__The cost of construction or purchase of portable, | temporary classroom space as approved by the commissioner | beginning January 1, 1988.__For the purposes of this | section, "portable, temporary classroom space" means a | project consisting of one or more mobile or modular | buildings that are at least partially constructed off site | and are designed to be moved to other sites with a minimum |
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