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 7 - Modernization Eligibility Determination › Section 1859.61 - Adjustments to the Modernization Baseline Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The baseline eligibility for modernization as
							 provided in Section
							 1859.60 for a specific site will be
							 adjusted as follows:
(a) Reduced by
						  the number of pupils provided grants in a modernization SFP project or a CSFP
						  Rehabilitation project at the specific site.
(b) Reduced by the number of pupils housed,
						  based on the loading standards pursuant to Education Code Section
						  17071.25(a)(2),
						  in a modernization LPP project funded under the LPP pursuant to Sections
						  1859.14 and
						  1859.15.
(c) Increased by changes in projected
						  enrollment in subsequent enrollment reporting years.
(d) Increased for additional facilities not
						  previously modernized with State funds, that become 25 years old, if permanent,
						  or 20 years old, if portable or as a result of audit findings made pursuant to
						  Sections 1859.90,
						  1859.90.3 and
						  1859.105.
(e) Adjusted as a result of errors or
						  omissions by the district or by the OPSC.
(f) Adjusted as a result of amendments to
						  these Subgroup 5.5 Regulations that affect the eligibility.
(g) For classroom loading standards adopted
						  by the Board for non-severely disabled individuals with exceptional needs and
						  severely disabled individuals with exceptional needs.
(h) As directed by the Board due to a finding
						  of a Material Inaccuracy pursuant to Regulation Section
						  1859.104.1.
(i) Increased for facilities previously
						  modernized with State funds, which qualify for an additional modernization
						  apportionment pursuant to Section
						  1859.78.8.
(j) Decreased for facilities that were deemed
						  eligible for modernization pursuant to Sections
						  1859.60 and
						  1859.61(d) and
						  subsequently replaced, or will be replaced under a signed contract for
						  construction or acquisition of facilities, in a project funded by the district
						  without participation from the State.
(k) Adjusted as a result of replaced eligible
						  portables funded with the Overcrowding Relief Grant, pursuant to Education Code
						  Section
						  17079, et
						  seq.
(l) Adjusted upon Board
						  receipt of the local school board resolution acknowledging that the buildings
						  have been removed from K-12 classroom use, as follows:
(1) School Buildings and/or classrooms that
						  receive replacement funding via the New Construction Grant or the Facility
						  Hardship Square Footage Grant pursuant to Section
						  1859.82.1 or Section
						  1859.82.2.
(2) School Buildings and/or classrooms that
						  were originally included in the district's baseline eligibility and were later
						  demolished or removed from classroom use due to health and/or safety concerns
						  that meet the requirements of Regulation Sections
						  1859.82.1 or
						  1859.82.2 as verified by OPSC,
						  except the district did not have the current enrollment to support the
						  replacement and funding of those School Buildings and/or classrooms. Buildings
						  and/or classrooms removed from K-12 classroom use that remain on the school
						  site will be identified on a list published on OPSC's website.
For (
l
)(1) the building age shall be
							 reset to the date of the Apportionment for the corresponding project. For
							 (
l
)(2) the building shall be removed from the classroom
							 inventory used to establish modernization eligibility at the
							 site.