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 1 - General Provisions and Definitions › Section 1859.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of these regulations, the terms set
							 forth below shall have the following meanings, subject to the provisions of the
							 Act:
"Academic Achievement" means to improve one's ability
							 to engage in academic endeavors and to accomplish study in core curriculum
							 areas such as reading, writing, mathematics, fine arts, science, vocational
							 education, technology, history or social science.
"Act" means the Leroy F. Greene School Facilities Act
							 of 1998.
"Adjacent" means the HSAAs that will make up the
							 Super HSAA are adjoining, touching, or share a common geographical
							 boundary.
"Alternative District Owned Site" means a district
							 owned site that is deemed available for the project by the California
							 Department of Education.
"Alternative Education" means community day, county
							 community, county community day, and continuation high schools.
"Alternative Enrollment Projection" means a
							 calculation of projected enrollment by eligible school districts as authorized
							 by Education Code [Section
							 17071.75(a)(1)]
							 .
"Application" means a request pursuant to the Act to
							 receive an eligibility determination and/or funding for a school
							 project.
"Applications Received Beyond Bond Authority List"
							 means an informational list of applications submitted to the Office of Public
							 School Construction (OPSC) and presented to the Board. Funding applications
							 placed on this list contain the preliminary grant amounts requested by a
							 district. The OPSC has not determined that the Approved Application(s) are
							 Ready for Apportionment.
"Apportionment" shall have the meaning set forth in
							 Education Code Section
							 17070.15(a).
"Approved Application(s)" means a district has
							 submitted the application and all documents to the Office of Public School
							 Construction that are required to be submitted with the application as
							 identified in the General Information Section of Forms SAB 50-01; SAB 50-02;
							 SAB 50-03; and SAB 50-04, as specified in Section 1859.2.
"Approved Application for Career Technical Education
							 Facilities Project Funding" means an applicant has submitted an
Application for Career Technical Education Facilities Funding
,
							 Form SAB 50-10, including all required supporting documents as identified in
							 the General Information Section of that Form, to the OPSC and the OPSC has
							 accepted the application for processing.
"Approved Application for Joint-Use Funding" means a
							 district has submitted an
Application for Joint-Use Funding,
Form SAB 50-07, including all required supporting documents as identified in
							 the General Information Section of that Form, to the OPSC and the OPSC has
							 accepted the application for processing.
"Attendance Area" shall have the meaning set forth in
							 Education Code Section
							 17070.15(b).
"Authority" shall have the meaning set forth in
							 Education Code Section
							 17078.52(d)(1).
"Board" means the State Allocation Board as
							 established by Section
							 15490 of
							 the Government Code.
"Bond Authority" means the authority of the Board to
							 Apportion bond funds pursuant to Education Code Section
							 17070.40.
"Career Technical Education Facilities Project" means
							 a project approved by the Board pursuant to Education Code Section
							 17078.72.
"CBEDS Report" means the enrollment information
							 provided through the California Basic Educational Data System (CBEDS) by school
							 districts to the CDE.
"California Department of Education" (CDE) means the
							 offices within that department that have responsibility for school facilities
							 matters.
"CDE Source School List" means a list developed and
							 published by the CDE that identifies districts and Critically Overcrowded
							 Schools pursuant to Education Code Section
							 17078.18(c).
"Certification" means the act of affirmatively
							 representing, asserting or verifying circumstances, data or information as
							 required by the Act or this subgroup.
"Charter School" shall mean a school established
							 pursuant to Education Code, Title 2, Division 4, Part 26.8, Section
							 47600, et seq.
"Charter School Agreements" mean a memorandum of
							 understanding, a funding agreement and a use agreement as established by the
							 California School Finance Authority (CSFA).
"Charter School Facilities Program Rehabilitation"
							 shall mean work that includes, but will not be limited to, structural changes
							 or other types of work on an existing district facility that extends the useful
							 life of or enhances the physical environment of the school, and as provided in
							 Education Code Section
							 17078.58(a).
"Charter School Facilities Program Rehabilitation
							 Grant" means the amount provided pursuant to Section
							 1859.167.1(a).
"Charter School Facility Account" means the fund for
							 new construction Charter School projects authorized by Education Code Sections
							 100620(a)(1)(A),
							 100820(a)(1)(A)
							 and
							 101012(a)(2).
"Charter School General Location" shall mean a
							 minimum of a one mile radius to a maximum of a three mile radius from the
							 present or proposed location of the Charter School project as identified in the
							 chartering agreement.
"Childcare" means any program that is operated less
							 than 24-hours per day, in which non-medical, licensed care and supervision are
							 provided to children in a group setting.
"Class B Construction Cost Index" is a construction
							 factor index for structures made of reinforced concrete or steel frames,
							 concrete floors, and roofs, and accepted and used by the Board.
"Classroom" means a teaching station that has the
							 same meaning as the term used in Education Code Section
							 17071.25(a)(1).
"Classroom-Based Instruction" shall have the meaning
							 set forth in Education Code Section
							 47612.5(e)(1).
"Classroom Provided" means a classroom acquired by
							 lease, lease-purchase, or purchase for which a contract has been signed for the
							 construction or acquisition of the classroom.
"Committee" shall have the meaning set forth in
							 Education Code Section
							 17070.15(d).
"Conversion Increase Fund" shall be the fund in
							 either the 2002 or 2004, as appropriate, Charter School Facilities Accounts to
							 set aside Preliminary Charter School Apportionment amounts rescinded on or
							 before April 25, 2007, for a Final Charter School Appointment, pursuant to
							 Section 1859.167.
"County Fund" shall have the meaning set forth in
							 Education Code Section
							 17070.15(e).
"Critically Overcrowded School (COS)" means a school
							 that has a pupil population density greater than 115 pupils per useable acre in
							 grades Kindergarten through six, or a pupil population density greater than 90
							 pupils per useable acre in grades seven through twelve based on the 2001 CBEDS
							 enrollment.
"Current Replacement Cost" means $346.60 per square
							 foot for Toilet Facilities and $192.60 per square foot for all other spaces.
							 The amounts shown will be adjusted annually in the manner prescribed in Section
							 1859.71.
"Date of Occupancy" means the date the grant deed is
							 recorded with the County Recorder's Office.
"Demographic Research Unit" (DRU) means this office
							 within the California Department of Finance.
"Department" shall have the meaning set forth in
							 Education Code Section
							 17070.15(f).
"District Representative" means a member of a school
							 district staff or other agent authorized to serve as "District Representative"
							 to execute and file an application with the Board on behalf of the district
							 and/or act as liaison between the Board and the district.
"Division of the State Architect (DSA)" means the
							 State office within the Department of General Services that reviews school
							 building plans and specifications for structural, fire safety and access
							 compliance.
"Elementary School Pupil" means a student housed in a
							 school serving Kindergarten through sixth grade, or any combination of
							 Kindergarten through sixth grade.
"Encumbered for Specific Purposes" means a commitment
							 of funds by the school district to meet a legally binding obligation.
"Energy Audit" means an energy analysis and report
							 which sets forth the utility savings that could be generated if the proposed
							 project was designed, constructed, and equipped with energy efficiency and
							 renewable technologies that would make the proposed project exceed the minimum
							 building energy-efficiency standards mandated for new public buildings pursuant
							 to the applicable California Building Standards Code.
"Energy Efficiency Account" means the funds set aside
							 by the Board for purposes of Education Code Section
							 17077.35.
"EnergyPro 3.1" means a computer program approved by
							 the State Energy Resources Conservation and Development Commission that
							 calculates energy efficiency standards.
"Environmental Hardship" means the State funding for
							 site acquisition as authorized by Section
							 1859.75.1.
"Excessive Cost Hardship Grant" means the funding
							 provided by Section
							 1859.83.
"Executive Officer" means the individual appointed by
							 the Governor to direct the Office of Public School Construction, and who
							 concurrently serves as Executive Officer to the Board.
"Existing School Building Capacity" means the
							 district's total capacity to house pupils as calculated pursuant to Sections
							 1859.30 through
							 1859.33.
"Existing School Site" for purposes of Joint-Use,
							 means real property that has a public school with any grades K-12 and that has
							 at minimum administration and classroom facilities for any grades K-12 and has
							 been assigned a county district school (CDS) code, which meets the criteria of
							 Regulation Section
							 1859.23.
"Extra Cost" means the added costs to complete a Type
							 II Joint-Use Project as determined in Section
							 1859.125.1.
"Facility" means all or a portion of any real
							 property, site improvements, utilities and/or buildings or other improvements
							 contained in the project.
"Facility Hardship" means the repair, reconstruction,
							 or replacement of School Buildings, components of School Buildings, or school
							 site conditions authorized by Section
							 1859.82.1 or
							 1859.82.2.
"Facility Hardship Square Footage Grant" means the
							 grant per square foot provided for Facility Hardship replacement funding
							 pursuant to Sections
							 1859.82.1(b)(4)(B)
							 or 1859.82.2(b)(4)(B),
							 excluding additional grants provided under Section
							 1859.82.1 or
							 1859.82.2.
"Field Act Facility" means a school building meeting
							 the requirements contained in Education Code Section
							 17280, et
							 seq.
"Final Apportionment" means an apportionment made
							 pursuant to Education Code Section
							 17070.15 by
							 submittal of an application pursuant to Section
							 1859.21.
"Final Apportionment Unfunded List" means a list of
							 projects where the entire Final Apportionment request was not converted to a
							 Final Apportionment.
"Final Charter School Apportionment" shall mean a
							 Preliminary Charter School Apportionment that has been converted to a Final
							 Charter School Apportionment in accordance with Section
							 1859.165.
"Financial Hardship" means State funding for all or a
							 portion of the district's matching share required by Section
							 1859.77.1 or
							 1859.79.
"Financially Sound" shall have the meaning set forth
							 in Education Code Section
							 17078.52(c)(4)
							 and California Code of Regulations, Title 4, commencing with Section
							 10151, et seq.
"Form SAB 50-01" means the
Enrollment
							 Certification/Projection
, Form SAB 50-01 (Revised 05/09) and, when
							 utilizing HSAA residency reporting, the High School Attendance Area Residency
							 Reporting Worksheet (New 06/08), which are incorporated by reference.
"Form SAB 50-02" means the
Existing School
							 Building Capacity
, Form SAB 50-02 (Revised 12/10), which is
							 incorporated by reference.
"Form SAB 50-03" means the
Eligibility
							 Determination
, Form SAB 50-03 (Revised 12/10), which is incorporated
							 by reference.
"Form SAB 50-04" means the
Application for
							 Funding
, Form SAB 50-04 (Revised 05/20), which is incorporated by
							 reference.
"Form SAB 50-05" means the
Fund Release
							 Authorization
, Form SAB 50-05 (Revised 06/17), which is incorporated
							 by reference.
"Form SAB 50-06" means the
Expenditure
							 Report
, Form SAB 50-06 (Revised 10/22), which is incorporated by
							 reference.
"Form SAB 50-07" means the
Application for
							 Joint-Use Funding
, Form SAB 50-07 (Revised 10/14), which is
							 incorporated by reference.
"Form SAB 50-08" means the
Application for
							 Preliminary Apportionment
, Form SAB 50-08 (Revised 10/14), which is
							 incorporated by reference.
"Form SAB 50-09" means the
Application for
							 Charter School Preliminary Apportionment
, Form SAB 50-09 (Revised
							 10/14), which is incorporated by reference.
"Form SAB 50-10" means the
Application for
							 Career Technical Education Facilities Funding
, Form SAB 50-10 (Revised
							 10/14), which is incorporated by reference.
"Form SAB 50-11" means the
Overcrowding
							 Relief Grant District-Wide Eligibility Determination
, Form SAB 50-11,
							 (New 02/07), which is incorporated by reference.
"Form SAB 58-01" means the
Facility Hardship
							 Cost Estimate
, Form SAB 58-01 (New 05/20), which is incorporated by
							 reference.
"Fund" shall have the meaning set forth in Education
							 Code Section
							 17070.15(g).
"General Location" means the proposed location of a
							 new school as set forth in Education Code Section
							 17078.22
							 and Section
							 1859.142.
"General Site Development" means on-site hard
							 surfaced areas for foot traffic, driveways, walks, parking, curbs and gutters;
							 outdoor instructional play facilities such as turfed or paved areas, permanent
							 playground equipment, outdoor places of assembly, tennis/handball courts,
							 running tracks and baseball, football and soccer fields; applicable landscaping
							 of building frontages and outdoor facilities noted above.
"Government Agency" shall include but is not limited
							 to a public entity as defined in Government Code Section
							 7260(a)
							 including California federally recognized or historically established tribal
							 governments.
"Grant Agreement" means
Grant
							 Agreement
(Rev. 10/22), which is incorporated by reference.
"Hazardous Material/Waste Removal Fund" shall mean
							 the fund established pursuant to Section
							 1859.163.3, in order to set aside
							 funding at the time Preliminary Charter School Apportionments are approved by
							 the Board for hazardous material waste removal that will be provided at the
							 Final Charter School Apportionment when actual costs are known.
"High Performance Base Incentive Grant" means the
							 $150,000 State share portion of the high performance incentive grant provided
							 as part of a New Construction Adjusted Grant for a new school, or the $250,000
							 State share portion of the high performance incentive grant provided as part of
							 a New Construction Adjusted Grant for an addition to an existing site or a
							 Modernization Adjusted Grant.
"High Performance Rating Criteria" (HPRC) means the
							 standard used to evaluate the costs of designs and materials that promote high
							 performance schools. The HPRC will be using the Collaborative for High
							 Performance Schools (CHPS) rating criteria model as identified in the CHPS
Best Practices Manual Volume III 2002 Edition and 2006 Edition, and
							 2009 CA-CHPS Criteria,
as incorporated by reference. For the purposes
							 of the SFP, the HPRC contained in these regulations have been modified to focus
							 on facility related components.
"High Performance School Account" means the funds set
							 aside by the Board for purposes of Education Code Section
							 101012(a)
							 8.
"High School Attendance Area (HSAA)" means an
							 attendance area that serves a currently operated high school, other than a
							 continuation school or a community school.
"High School District" means a school district that
							 serves any combination of grades seven through twelve exclusively.
"High School Pupil" means a student in a school
							 serving ninth through twelfth grade or any combination of ninth through twelfth
							 grade.
"Higher Education" means an entity that is a public
							 community college; a public college; a public university; or a
							 non-profit/accredited organization of higher education.
"In Escrow, Governmental Entities" means the approval
							 and signature of instrument(s) that will convey a specified school parcel or
							 site from the public/government entity including the federal government for a
							 determinable sum, and for a determinable date of acquisition which may be based
							 on the district's receipt of funding from the State.
"Inactive Preliminary Apportionment" means an
							 apportionment for a project, based on a finding by the SAB, that meets all of
							 the following criteria:
1) received a
						  Preliminary Apportionment prior to December 17, 2008;
2) A complete request to convert a
						  Preliminary Apportionment to a Final Apportionment has not been made;
3) the time limit under Education Code
						  Section
						  17078.25(a) or
						  (b) will expire on or after December 17,
						  2008.
"Inactive Preliminary Charter School Apportionment"
							 means an apportionment for a project, based on a finding by the SAB, that meets
							 all of the following criteria:
1)
						  received a Preliminary Charter School Apportionment prior to December 17,
						  2008;
2) A complete request to
						  convert a Preliminary Charter School Apportionment to a Final Charter School
						  Apportionment has not been made;
3)
						  the time limit under Education Code Sections
						  17078.25(a) or
						  (b) and
						  17078.52(c)(3)
						  will expire on or after December 17, 2008.
"In Escrow, Non-Governmental Entities" means the
							 deposit of signed instrument(s) and/or funds with instructions with a title
							 company or escrow agent to carry out the provisions of an agreement or contract
							 to acquire a specified school parcel or site for a determinable sum, and for a
							 determinable date of acquisition which may be based on the district's receipt
							 of funding from the State.
"Inactive Apportionment" means an apportionment made
							 to a project, based on a finding by the SAB, that meets all of the following
							 criteria:
1) received a SAB
						  apportionment prior to December 17, 2008;
2) State bond funds have not been released
						  for that apportionment; and,
3) the
						  time limit under Education Code Section
						  17076.10(d)
						  will expire on or after December 17, 2008.
"Inadequate" means, for purposes of Joint-Use
							 Projects, the square footage of the existing facility is less than 60 percent
							 of the square footage entitlement shown in the Chart in Section
							 1859.124.1.
"Independent Audit" means an examination and report
							 of the district's accounts by a certified public accounting firm.
"Individual with Exceptional Needs" shall have the
							 meaning set forth in Education Code Section
							 56026 as
							 further defined and classified in 34 Code of Federal Regulations Part
							 300.5.
"Instrument" means a written, legally enforceable
							 agreement, approved and signed by all parties to the escrow, for the conveyance
							 to the district of real estate for a specified parcel or site, that includes a
							 compensation clause and either a purchase option agreement, a purchase
							 agreement, promissory note, lease agreement, installment sales contract, gift,
							 or other real estate conveyance valid in the State of California for property
							 conveyed from a public/government entity, including the federal
							 government.
"Insufficient Bond Authority" means the total funding
							 requested on the Approved Application received by the OPSC exceeds the Bond
							 Authority.
"Interim Housing" means the rental or lease of
							 classrooms used to house pupils temporarily displaced as a result of the
							 modernization of classroom facilities.
"Joint-Use Project" means a project approved by the
							 Board pursuant to Education Code Sections
							 17050,
							 17051, or
							 17077.40.
"Joint-Use Partner(s)" means an entity or entities
							 that has entered into a joint-use agreement pursuant to the provisions of
							 Education Code Section
							 17077.42.
"Labor Compliance Program (LCP)" shall be as
							 described in subdivision (b) of Labor Code Section
							 1771.5 and
							 approved by the Department of Industrial Relations (DIR).
"Large Charter School" shall be defined as a school
							 in which the enrollment is greater than 351 pupils, based on the latest
							 available CBEDS report or if a CBEDS report is unavailable, the registration
							 list for the Charter School may be used.
"Lease-Purchase Program (LPP)" means the Leroy F.
							 Greene State School Building Lease-Purchase Law of 1976, commencing with
							 Education Code Section
							 17000.
"Linear Regression" means a mathematical procedure
							 for finding the best fitting line to a given set of data-points by minimizing
							 the difference between the actual data points and the regressed data points
							 shown on the line.
"Low-income" shall be the percentage of pupils deemed
							 eligible for free/reduced lunch as identified in the most recent Free and
							 Reduced Price Meals data on file at the CDE. The data on file with CDE shall be
							 determined to be the information collected for the month of October, and any
							 errors and omissions amendments to that information for that time period that
							 have been received and approved by the CDE.
"Major Maintenance" shall have the meaning set forth
							 in Education Code Section
							 17070.77(b).
"Material Inaccuracy" means any falsely certified
							 eligibility or funding application related information submitted by school
							 districts, architects or other design professionals that allowed the school
							 district an advantage in the funding process.
"Median Cost" means, for purposes of a Preliminary
							 Apportionment, the middle number in a given sequence of property value numbers,
							 or the average of the middle two property value numbers when the given sequence
							 of property value numbers has an even number of numbers.
"Medium Charter School" shall be defined as a school
							 with an enrollment of 176 pupils to 350 pupils, based on the latest available
							 CBEDS report or if a CBEDS report is unavailable, the registration list for the
							 Charter School may be used.
"Mello-Roos Bonds" means the bonds that are
							 authorized under the provisions of the Mello-Roos Community Facilities Act of
							 1982, commencing with Government Code Section
							 53311.
"Middle School Pupil" means a student in a school
							 serving sixth through eighth grade, or seventh and eighth grades.
"Modernization" shall have the meaning set forth in
							 Education Code Section
							 17070.15(f)
							 for purposes of projects subject to Subgroup 5.5, Article 2, commencing with
							 Section 1859 or Education Code Section
							 17021 under
							 the Lease-Purchase Program.
"Modernization Adjusted Grant" means the
							 Modernization Grant, plus any other funding provided by these
							 Regulations.
"Modernization Grant" means the funding provided
							 pursuant to Education Code Section
							 17074.10(a)
							 and Sections
							 1859.78,
							 1859.78.3,
							 1859.78.6, and
							 1859.78.8.
"Modernization Eligibility" means the result of the
							 calculation contained in either Option A or B of the Form SAB 50-03.
"Most Vulnerable Category 2 Buildings" means the
							 building meets the criteria outlined in Section
							 1859.82.2(a) and
							 is one of the following building types:
C1 -- Concrete Moment Frame,
C1B -- Reinforced Concrete Cantilever Columns with
							 Flexible Diaphragms,
C2A -- Concrete Shear Wall with Flexible
							 Diaphragms,
C3A -- Concrete Frame with Infill Masonry Shear Walls
							 and Flexible Diaphragms,
PC1 -- Precast/Tilt-up Concrete Shear Wall with
							 Flexible Diaphragms,
PC1A -- Precast/Tilt-up Concrete Shear Wall with
							 Rigid Diaphragms,
PC2A -- Precast Concrete Frame without Concrete Shear
							 Walls and with Rigid Diaphragms,
PC2 -- Precast Concrete Frame and Roofs with Concrete
							 Shear Walls,
URM -- Unreinforced Masonry Bearing Wall
							 Buildings,
RM1 -- Reinforced Masonry Bearing Wall with Flexible
							 Diaphragms,
URMA -- Unreinforced Masonry Bearing Wall with Rigid
							 Diaphragms,
S1B -- Steel Cantilever Columns with Flexible
							 Diaphragm,
S3 -- Steel Light Frame Metal Siding and/or Rod
							 Bracing, or
M -- Mixed construction containing at least one of
							 the above structures types.
"Multipurpose/Gymnasium Hybrid" means a single
							 facility that is comprised of both a multipurpose room and a gymnasium that
							 share common space for purposes of Section
							 1859.77.3. The facility must be
							 identified as a Multipurpose/Gymnasium Hybrid by the California Department of
							 Education.
"Multi-Track Year-Round Education (MTYRE)" means a
							 school education program in which the students are divided into three or more
							 groups on alternating tracks, with at least one group out of session, and the
							 other groups in session during the same period.
"New Construction Adjusted Grant" means the New
							 Construction Grant, plus any other funding provided by these
							 Regulations.
"Net School Building Capacity" means the capacity of
							 a school building to house pupils after excluding the pupils housed in a
							 Classroom which was demolished and replaced in the project and, for schools
							 operating on a multi-track year-round education calendar as defined in
							 Education Code Section
							 42260(d)(1),
							 after including the maximum enrollment attending the school at one time.
"New Construction Eligibility" means the result of
							 the calculation determined in Education Code Section
							 17071.75.
"New Construction Grant" means the funding provided
							 pursuant to Education Code Section
							 17072.10(a)
							 and Sections
							 1859.71 and
							 1859.71.1.
"Nonclassroom-Based Instruction" shall have the
							 meaning set forth in Education Code Section
							 47612.5 (d)(1) and
							 (e)(2).
"Non-Profit Entity" means an entity that is organized
							 and operated for purposes of not making a profit under the provisions of the
							 federal Internal Revenue Code Section
							 501(c)(3), or is
							 organized as/operated by a nonprofit public benefit corporation, pursuant to
							 State Corporations Code, Title 1, Division 2, Part 2, Section
							 5110, et seq.
"Non-Profit Organization" as used in this section and
							 for the purposes of the Joint-Use Program, means an entity that is organized
							 and operated for purposes of not making a profit under the provisions of the
							 Revenue and Taxation Code and further meets the requirements set forth
							 below:
1. Other than a School District
						  passing a local bond, under Section
						  1859.127 herein, the source of
						  funds being contributed by the Non-Profit Organization Joint-Use Partner, must
						  be independent of the partner School District, and
2. The Non-Profit Organization must be a
						  recognized nationally chartered organization. If the partner is not a
						  nationally chartered non-profit organization, then it must have an independence
						  in governance, which for purposes of this section shall be defined as the
						  Non-Profit Organization and School District having no more than one common
						  board member, ex-officio board member, officer, management or staff
						  irrespective of whether voting or non-voting and whether employee, contractor,
						  or agent. These restrictions will only apply to the extent that the employee,
						  contractor or agent has managerial authority on one or both entities. For
						  purposes of this section, a recognized nationally charted organization is a
						  non-profit organization which is recognized by the Office of Public School
						  Construction or the State Allocation Board as operating on a national basis and
						  having charters issued by a national headquarter or governing body,
						  and
3. The Non-Profit Organization
						  must operate programs or services, aside from programs or services for the
						  School District, for the community and pay for the additional ongoing
						  operational costs or program services associated with the joint-use purposes
						  and/or a minimum of 25 percent of an eligible Joint-Use Project facility's
						  cost.
"Non-Severely Disabled Individual with Exceptional
							 Needs" means an individual with exceptional needs not defined in Education Code
							 Section
							 56030.5 but
							 included in 34 Code of Federal Regulations Part 300.8.
"Occupancy" means the point at which pupils occupy a
							 classroom as evident by district documents such as the school board's adopted
							 calendar, classroom attendance rosters, fire marshal approval of the classroom,
							 etc.
"Office of Public School Construction (OPSC)" means
							 the State office within the Department of General Services that assists the
							 Board as necessary and administers the Act on behalf of the Director.
"Overcrowded School District" for purposes of
							 determining preference points is any district that demonstrates eligibility in
							 excess of two percent of their unhoused pupils.
"Overcrowding Relief Grant" (ORG) means the funding
							 provided pursuant to Education Code Section
							 17079, et
							 seq.
"Overcrowding Relief Grant Eligibility Determination"
							 means the form that is submitted to the California Department of Education for
							 purposes of determining whether a school site is eligible for Overcrowding
							 Relief Grant funding and the maximum number of pupils that are eligible to
							 receive funding at a school site.
"Overcrowding Relief Grant Pupil Eligibility" means
							 the result of the calculation determined in Section
							 1859.182(a).
"Permanent Area" means any area not included in a
							 portable classroom.
"Permanent Classroom" means any classroom not meeting
							 the definition of portable classroom.
"Phase C Approval" means the construction approval by
							 the Board under the Lease-Purchase Program.
"Phase One Environmental Site Assessment (POESA)"
							 shall have the meaning set forth in Education Code Section
							 17210(g).
"Phase P Approval" means the planning approval by the
							 Board under the Lease-Purchase Program.
"Phase S Approval" means the site approval by the
							 Board under the Lease-Purchase Program.
"Piggyback Contract" means a contract for acquisition
							 of personal property, without advertising for bids, as authorized by Public
							 Contract Code Section
							 20118.
"Portable Classroom" shall have the meaning set forth
							 in Education Code Section
							 17070.15(j).
"Portable Classroom Replacement Grant" - means
							 beginning August 31, 2020, is $46.55 per Square Foot and will be adjusted in
							 the manner prescribed in Section
							 1859.71.
"Portable Toilet Replacement Grant" - means beginning
							 August 31, 2020, is $118.62 per Square Foot and will be adjusted in the manner
							 prescribed in Section
							 1859.71.
"Preliminary Application" means the district has
							 submitted Form SAB 50-08, including all documents that are required to be
							 submitted with the application as identified in the General Instructions
							 Section of that Form to the OPSC and the OPSC has accepted the application for
							 processing.
"Preliminary Apportionment" means an apportionment
							 made pursuant to Education Code Section
							 17078.10(c).
"Preliminary Charter School Application" means a
							 district filing on behalf of a Charter School or the Charter School submitting
							 directly on Form SAB 50-09, including all supporting documents as identified in
							 the General Instructions Section of that Form submitted to the OPSC and the
							 OPSC has accepted the application for processing.
"Preliminary Charter School Apportionment" means an
							 apportionment made pursuant to Education Code Section
							 17078.52(c)(3).
"Preliminary Endangerment Assessment (PEA)" shall
							 have the meaning set forth in Education Code Section
							 17210(h).
"Preliminary Plans" means a set of architectural
							 drawings not approved by the DSA that provide a preliminary design.
"Priority One" shall have the meaning set forth in
							 Education Code Section
							 17017.7(a)(1).
"Priority Two" shall have the meaning set forth in
							 Education Code Section
							 17017.7(a)(2).
"Project Information Worksheet" means the
Project Information Worksheet
(Revised 05/10), which is
							 incorporated by reference.
"Property" shall have the meaning set forth in
							 Education Code Section
							 17070.15(g).
"Proposition 1A" means the Initiative Measure (Prop.
							 1A) enacted by passage at the November 4, 1998 general election.
"Proposition 1 D" means the Kindergarten-University
							 Public Education Facilities Bond Act of 2006.
"Proposition 39" means the Initiative Measure (Prop.
							 39) enacted by passage at the November 7, 2000 general election which amended
							 Sections 15102,
							 15106,
							 35233, and
							 72533 and added Chapter 1.5
							 (commencing with Section
							 15264) to Part 10, of the Education
							 Code, and added applicable sections of the California Constitution relating to
							 passage of local school bonds with a 55 percent vote of the electorate at a
							 primary or general election, a regularly scheduled local election, or a
							 statewide special election.
"Proposition 47" means the Kindergarten-University
							 Public Education Facilities Bond Act of 2002.
"Proposition 55" means the Kindergarten-University
							 Public Education Facilities Bond Act of 2004.
"Pupil" means a student enrolled in any grade
							 Kindergarten through grade twelve.
"Qualified Historical School Building" shall mean any
							 school building that meets the "Qualified Historical Building or Property"
							 definition in California Historical Building Code, California Code of
							 Regulations, Title 24, Part 8.
"Qualifying Pupils" means enrollment in excess of 86
							 pupils per useable acre for Kindergarten through sixth grade or 68 pupils per
							 useable acre for grades seven through twelve.
"Quarterly Basis" means a three-month period
							 commencing on January 1, April 1, July 1 and October 1 of each calendar
							 year.
"Ready for Apportionment" means a final review of an
							 Approved Application has been completed by the OPSC and it has been determined
							 that it meets all requirements of law for an apportionment or eligibility
							 determination, and the OPSC will recommend approval to the Board.
"Reconfigure" for the purposes of the Career
							 Technical Education Facilities Program means remodeling an existing school
							 building within its current confines and/or the expansion of the square footage
							 of the existing building.
"Reconfigure" for the purposes of the Joint-Use
							 program means remodeling an existing school building within its current
							 confines and/or the expansion of the square footage of the existing building
							 and any necessary replacement of displaced classrooms or other minimum
							 essential facilities.
"Region One" shall consist of the following counties:
							 Alpine, Amador, Butte, Colusa, Contra Costa, Del Norte, El Dorado, Glenn,
							 Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Placer, Plumas,
							 Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter,
							 Tehama, Trinity, Yolo, and Yuba.
"Region Two" shall consist of the following counties:
							 Alameda, Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono,
							 Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz,
							 Stanislaus, Tulare, and Tuolumne.
"Region Three" shall consist of the following
							 counties: Los Angeles, San Bernardino, San Luis Obispo, Santa Barbara, and
							 Ventura.
"Region Four" shall consist of the following
							 counties: Imperial, Orange, Riverside, and San Diego.
"Rehabilitation Cost" means the health and safety
							 mitigation grant that is less than 50 percent of the Current Replacement Cost
							 of the School Building. Rehabilitation Costs provided shall be 60 percent of
							 the eligible costs in Form SAB 58-01 required in Section
							 1859.82.1(c)(3)(C)
							 that has been reviewed and approved by OPSC and approved by the Board.
"Relocation/DTSC Fee Fund" shall mean the fund
							 established pursuant to Section
							 1859.163.3, in order to set aside
							 funding at the time Preliminary Charter School Apportionments are approved by
							 the Board for relocation expenses and/or DTSC fees that will be provided at the
							 Final Charter School Apportionment when actual costs are known.
"Remedial Action Plan (RAP)" means a plan approved by
							 the Department of Toxic Substances Control (DTSC) pursuant to Health and Safety
							 Code Section
							 25356.1.
"Resolution of Necessity" means a school board
							 resolution to acquire property by eminent domain as requireed by California
							 Code of Civil Procedure section
							 1245.220.
"Resource Specialist Program" means pupils that meet
							 the definition of Non-Severely Disabled Individual with Exceptional Needs as
							 defined in Section 1859.2 that are not enrolled in a special day class.
"Response Action (RA)" means the removal of hazardous
							 materials and solid waste, the removal of hazardous substances, and other
							 remedial actions in connection with hazardous substances at the site.
"Restricted Charter School Fund" means the funds in
							 the 2002 (or 2004, as appropriate) Charter School Facility Account approved for
							 a Preliminary Charter School Apportionment.
"Restricted Fund" means the funds in the 2002 (or
							 2004, as appropriate) Critically Overcrowded School Facilities Account approved
							 for a Preliminary Apportionment(s).
"Rural Area" shall be a school with a locale code of
							 31, 32, 33, 41, 42, or 43 as classified by the National Center for Education
							 Statistics (NCES). After August 28, 2019, the definition shall include locale
							 codes 31, 32, and 33 as classified by the NCES.
"School Building Capacity" shall have the meaning set
							 forth in Education Code Section
							 17070.15(
l
).
"School District" shall have the meaning set forth in
							 Education Code Sections
							 17070.15(m)
							 and
							 17073.25.
"School Facilities Improvement District" means a
							 legal entity authorized by Education Code Section
							 15300, to
							 generate school facilities funding.
"School Facility Program (SFP)" means either the new
							 construction or modernization programs implemented under the Act, by these
							 Subgroup 5.5 regulations.
"Secondary School Pupil" means a student in the
							 seventh through the twelfth grade.
"Section" means a section in these Subgroup 5.5
							 regulations.
"Seismic Rehabilitation Grant" means a grant
							 allowable under Education Code Section
							 17075.10(a) and
							 (b)(2) and Section
							 1859.82.2(c)(4)
							 excluding additional grants.
"Service Region" means one of the eleven service
							 regions of the California County Superintendents Educational Services
							 Association.
"Severely Disabled Individual with Exceptional Needs"
							 means an individual with exceptional needs as defined in Education Code Section
							 56030.5.
"SFP New Construction Account" means the fund for new
							 construction projects authorized by Education Code Sections
							 100420(a)(1),
							 100620(a)(1),
							 100820(a)(1),
							 101012(a)(1),
							 and
							 101122(a)(1).
"Small Charter School" shall be defined as a school
							 with an enrollment of not more than 175 pupils, based on the latest available
							 CBEDS report or if a CBEDS report is unavailable, the registration list for the
							 Charter School may be used.
"Small School District" means a school district with
							 current district-wide enrollment reported in Part A, the continuation high
							 pupils reported in Part C, and the Special Day Class pupils reported in Part D
							 on the latest Form SAB 50-01, used to determine or adjust the district's
							 baseline eligibility pursuant to Sections
							 1859.50 and
							 1859.51 or submitted separately to
							 the OPSC, that is 2,5000 or less.
"Source School" means a Critically Overcrowded School
							 included on the CDE Source School List that has Qualifying Pupils.
"Special Day Class" means a class that has pupils
							 enrolled that are individuals with exceptional needs.
"Square Footage" means the enclosed area measured
							 from the outside face of exterior structural walls of the building. For
							 interior areas or portions of building areas, the enclosed area shall be
							 measured from the centerline of the interior demising wall.
"Student Yield Factor" means the number of students
							 each dwelling unit will generate for purposes of an enrollment
							 augmentation.
"Substantial Enrollment Requirement (SER)" means a
							 district that is operating on a Multi-Track Year-Round Education basis pursuant
							 to Education Code Sections
							 17017.6 and
							 17017.7(c).
"Suburban Area" shall be a school with a locale code
							 of either 21, 22, 23 as classified by the NCES. After August 28, 2019, the
							 definition shall only include locale codes 21, 22, and 23 as classified by the
							 NCES.
"Super High School Attendance Area (Super HSAA)"
							 means two or more HSAAs that are adjacent to each other.
"Teacher Education" means courses for credential
							 programs or enhancement courses that are professional growth courses for
							 elementary, secondary, higher education and special education
							 instructors.
"Toilet Facilities" means restroom area,
							 shower/locker area or physical therapy area for Individuals with Exceptional
							 Needs.
"Total Projected Bond Apportionment" means the total
							 State bond funds to be apportioned for the project, including any Financial
							 Hardship apportionment pursuant to Section
							 1859.81, any funds authorized by
							 the Authority pursuant to Section
							 1859.168, and any funds provided
							 pursuant to Section
							 1859.194, but excluding the
							 prevailing wage monitoring and enforcement costs grant amount provided pursuant
							 to Section 1859.71.4(c),
							 1859.78.1(b) or
							 1859.167.2(b).
"Type I Joint-Use Project" means a project that meets
							 the criteria of Education Code Section
							 17077.40(b)(1).
"Type II Joint-Use Project" means a project that
							 meets the criteria of Education Code Section
							 17077.40(b)(2).
"Unfunded List" means an information list of unfunded
							 projects, with the exception of the unfunded list defined below as "Unfunded
							 List (Lack of AB 55 Loans)".
"Unfunded List (Lack of AB 55 Loans)" means an
							 information list of unfunded projects that was created due to the State's
							 inability to provide interim financing from the Pooled Money Investment Account
							 (AB 55 loans) to fund school construction projects as declared in the
							 Department of Finance Budget Letter #33 issued on December 18, 2008.
"Unrestricted Charter School Fund" means the funds in
							 the appropriate Charter School Facility Account not approved for a Preliminary
							 Charter School Apportionment(s).
"Unrestricted Fund" means the funds in the 2002 (or
							 2004, as appropriate) Critically Overcrowded School Facilities Account not
							 approved for a Preliminary Apportionment(s).
"Urban Area" shall be as a school with a locale code
							 of 11, 12 or 13 as classified by the NCES.
"Useable Acres" means the gross acreage of a school
							 site less any portion of the site publicly dedicated for off-site street
							 improvements and any portion of the site not available for school purposes as
							 determined by the CDE because of topological impediments or because of other
							 unique circumstances.
"Zone Improvement Project (ZIP) Code" means the area
							 as determined by the United States Postal Service.
Note: Authority cited: Sections 17070.35 and
								17078.64, Education Code. Reference: Sections 17009.5, 17017.6, 17017.7, 17021,
								17047, 17050, 17051, 17070.15, 17070.51(a), 17070.71, 17070.77, 17071.10,
								17071.25, 17071.30, 17071.33, 17071.35, 17071.40, 17071.75, 17071.76, 17072.10,
								17072.12, 17072.18, 17072.33, 17073.25, 17074.10, 17074.30, 17075.10, 17075.15,
								17077.40, 17077.42, 17077.45, 17078.52, 17078.56, 17078.72(k), 17079, 17079.10,
								17280, 56026 and 101012(a)(8), Education Code; Section 53311, Government Code;
								and Sections 1771.3 in effect on January 1, 2012 through June 19, 2014 and
								1771.5, Labor Code.
Note: Authority cited: Sections
								17070.35
								and
								17078.64,
								Education Code. Reference: Sections
								17009.5,
								17017.6,
								17017.7,
								17021,
								17047,
								17050,
								17051,
								17070.15,
								17070.51(a),
								17070.71,
								17070.77,
								17071.10,
								17071.25,
								17071.30,
								17071.33,
								17071.35,
								17071.40,
								17071.75,
								17071.76,
								17072.10,
								17072.12,
								17072.18,
								17072.33,
								17073.25,
								17074.10,
								17074.30,
								17075.10,
								17075.15,
								17077.40,
								17077.42,
								17077.45,
								17078.52,
								17078.56,
								17078.72(k),
								17079,
								17079.10,
								17280,
								56026 and
								101012(a)(8),
								Education Code; Section
								53311,
								Government Code; and Sections
								1771.3 in effect on January 1, 2012
								through June 19, 2014 and 1771.5, Labor
								Code.