California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 4 - Office of Public School Construction › Group 1 - State Allocation Board › Subgroup 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 6 - New Construction Eligibility Determination › Section 1859.51 - Adjustments to the New Construction Baseline Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The baseline eligibility for new construction
							 determined on the Form SAB 50-03 will be adjusted as follows:
(a) Reduced by the number of pupils provided
						  grants in a new construction SFP project and by the number of pupils that
						  received a Preliminary Apportionment pursuant to Section
						  1859.140 or a Preliminary Charter
						  School Apportionment pursuant to Section
						  1859.162.2.
(b) Reduced by the number of pupils housed,
						  based on the loading standards pursuant to Education Code Section
						  17071.25(a)(2)(A),
						  in a new construction LPP project funded under the provisions of the LPP
						  pursuant to Sections
						  1859.12 or
						  1859.13.
(c) Reduced by the number of pupils housed in
						  additional classrooms constructed or purchased based on the loading standards,
						  pursuant to Education Code Section
						  17071.25(a)(2)(A),
						  in a modernization SFP project.
(d)
						  Adjusted as a result of the audit findings made pursuant to Sections
						  1859.90,
						  1859.90.3 and
						  1859.105.
(e) Increased/decreased by changes in
						  projected enrollment in subsequent enrollment reporting years for all districts
						  using a fifth-year projection or a tenth-year projection, except decreases as
						  provided in (j) below.
For all funding requests received by OPSC on or after
							 June 6, 2017, OPSC will notify the School District in writing that OPSC is
							 scheduled to begin processing the School District's Form SAB 50-04 and that the
							 School District shall submit the Form SAB 50-01 based on school district
							 enrollment data, as shown in the table below:
OPSC Received Date of Form SAB
									 50-01
Enrollment Reporting Year
July 1 through October 31
Submit Prior Fiscal Year Enrollment Data
November 1 through June 30
Submit Current Fiscal Year Enrollment Data
OPSC may return the Form SAB 50-04 to the School
							 District for failure to submit the Form SAB 50-01 within 90 calendar days of
							 OPSC's notification.
(f)
						  Adjusted as a result of errors or omissions by the district or by the
						  OPSC.
(g) Adjusted as a result of
						  amendments to these Regulations that effect the eligibility.
(h) Increased by the number of pupils
						  eligible for grants pursuant to Section
						  1859.82.1(b)(4)(A)
						  or 1859.82.2(b)(4)(A).
(i) Reduced by the number of pupils housed,
						  based on loading standards pursuant to Education Code Section
						  17071.25(a)(2)(A),
						  in any Classroom Provided after the baseline eligibility was determined by the
						  Board with the exception of those pupils housed or to be housed in a classroom:
(1) That is a trailer and transportable/towed
						  on its own wheels and axles.
(2) Of
						  less than 700 interior square feet.
(3) That is a portable classroom, leased
						  pursuant to Chapter 14 (commencing with Section
						  17085) of the Education
						  Code.
(4) That is a portable
						  classroom leased for a period of less than five years, whether in a single
						  lease or cumulative total of several leases.
(5) That is a portable classroom that needs
						  to be leased beyond five years to provide interim housing in a modernization or
						  new construction project provided the cumulative lease term does not exceed a
						  specified time period as determined by the SAB not to exceed three years on
						  each qualifying project. For this purpose, a project means all work contained
						  in a single set of construction plans.
(6) Where the contract for the lease,
						  lease-purchase, purchase, or construction of the classroom was made prior to
						  January 1, 2000.
(7) That is
						  included in a SFP project where the district has funded a portion of the
						  project beyond its required district contribution and the pupil capacity of the
						  classroom does not exceed 150 percent of the number of pupils receiving a new
						  construction grant (rounded up) for the SFP project.
(8) That was acquired with joint-use funds
						  specifically available for that purpose.
(9) That was acquired with career technical
						  education funds specifically available pursuant to Education Code Section
						  17078.72.
(10) That was built or acquired exclusively
						  for regional occupational centers, regional occupational programs, child care,
						  preschool and/or Adult Education Programs, and with funds specifically
						  available for those purposes.
(11)
						  That replaces a classroom, previously included in the determination of the
						  district's new construction eligibility pursuant to Education Code Section
						  17071.75,
						  in a project funded by the district without participation from the State and
						  the district permanently removes the replaced facility from classroom use
						  immediately after the replacement classroom is occupied.
(12) That was constructed with Overcrowding
						  Relief Grant funds specifically available for that purpose.