The School Construction Assistance Program was created at the 2022 Special Session I of the General Assembly through the 2022 Appropriation Act (i.e., Chapter 2, Item 137, Paragraph C.43). Item 137, Paragraph C.43. provides appropriations for the program in fiscal year 2023 of $400,000,000 from the general fund and $50,000,000 from the Literary Fund to be transferred into the School Construction Fund for the Board of Education to award grants on a competitive basis to local school boards that demonstrate poor building conditions, commitment, and need in order for such local school boards to be able to fund the construction, expansion, or modernization of public school buildings. Any unobligated appropriation balance for this program on June 30, 2023, must be reappropriated for expenditure in fiscal year 2024 for the same purpose.

The Board of Education is required to develop guidelines for the administration of the program to include certain minimum requirements as established in these guidelines. The School Construction Grant Assistance Program funding is awarded on the basis of competitive criteria through a school division application process. These guidelines establish the competitive criteria and criteria point values used in evaluating school division applications for awarding grant funding to eligible public school projects.