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 10 - SCHOOL SITES: NONUSE PAYMENTS › Article 1 - DEFINITIONS › Section 1864.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In connection
						  with the administration of the provisions of Sections
						  39015 to
						  39018,
						  inclusive, of Article 1, Chapter 1, Part 23, Division 3, Title 2, Education
						  Code and for the purposes of these regulations, the terms set forth below shall
						  have the following meanings:
(1) The Act.
						  Sections 39015 through
						  39018, above.
(2) This Regulation. Shall be deemed to refer
						  to Sections
						  39015 through
						  39018 thereof.
(3) Subject Sections. Shall be deemed to
						  refer to Sections
						  39015 through
						  39018 of the Education
						  Code.
(4) "Use" Within Five or
						  Seven Year Period Specified by Section
						  39015.
(A) Use Prior to Effective Date of This Act
						  Within 5 or 7 Year Period from Date of Acquisition. A district shall not be
						  deemed to have used a site prior to the effective date of the act (January 1,
						  1974), within the 5 or 7 year period from the date of acquisition specified by
						  Section 39015, unless it has within such 5
						  or 7 year period either:
1. entered into a
						  lease in accordance with law which at any time in the future will result in
						  improvements of a substantial nature on the site, or
2. made any other use thereof which either:
a. included the use of substantial
						  improvements on the site at the time of acquisition, or
b. resulted at any time in such improvements
						  on the site. For the purposes of this paragraph:
(i) bleachers or backstops regularly used for
						  Little League play shall be deemed to be a substantial improvement to the site,
						  and
(ii) the growing of
						  agricultural or other plants shall not be deemed to be a substantial
						  improvement to the site unless done as part of a regular school program for the
						  benefit of the pupils of the district.
(B) Use Subsequent to the Effective Date of
						  the Act. A site shall not be deemed to be used within the meaning of the five
						  or seven year period of the date of acquisition specified by Section
						  39015 subsequent to the effective
						  date of the act unless the use made thereof is for the specific purpose for
						  which acquired, or for a purpose of similar dignity, as for example:
1. used to house students for all Department
						  of Education programs authorized by the Legislature and operated by public
						  school districts for which the district is receiving ADA apportionments. This
						  would include Adult Education if ADA apportionments are being
						  received,
2. used to house Special
						  Education students,
3. used for
						  District Administration including such support facilities as warehousing and
						  maintenance facilities,
4. used for
						  preschool or child care centers when operated by or under contract with public
						  school districts or county superintendents of
						  schools.
(5)
						  "Purpose for Which It Was Intended" in Section
						  39015. The phrase "Purpose for
						  which it was intended" in Section
						  39015 shall be deemed to mean the
						  specific purpose for which the site was acquired or a purpose of similar
						  dignity, for example:
(A) the substitution of
						  a school of one grade level for a school of a different grade level,
						  or
(B) used for the following
						  reasons:
1. to house students for all
						  Department of Education programs authorized by the Legislature and operated by
						  public school districts for which the district is receiving ADA apportionments.
						  This would include Adult Education if ADA apportionments are being
						  received,
2. to house Special
						  Education students,
3. for District
						  Administration including such support facilities as warehousing and maintenance
						  facilities,
4. for preschool or
						  child care centers when operated by or under contract with public school
						  districts or county superintendents of schools.
(6) "Will Utilize the Property ... Within a
						  Reasonable Period of Time" in Section
						  39015. The term "utilize" in the
						  heading of this subparagraph shall refer to the same type of use as specified
						  in (4) B above. A "reasonable period of time" shall be deemed to be a fixed
						  period of time specified by the Board or a period of time dependent upon one or
						  more contingent or indefinite occurrences, with or without a cutoff date, which
						  the Board deems reasonable under the circumstances of the case. Generally, a
						  reasonable period of time shall not exceed three years, unless the Board
						  determines a longer period is warranted by the facts.
(7) Evidence. "Evidence" shall include
						  information or documentation bearing upon the matter sought to be
						  shown.
(8) Future Use. "Future Use"
						  shall be deemed to mean "use," as defined in (4)B above within a "reasonable
						  period of time," as defined in (6) above.