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 8 - New Construction and Modernization Grant Determinations › Section 1859.77.3 - Use of New Construction Grant Funds for Projects Accepted by the DSA After January 22, 2003

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
New Construction Grant funds and any other funds
							 provided by these Regulations shall be expended as set forth in Education Code
							 Section
							 17072.35;
							 and may also be utilized for the cost incurred by the district for the
							 development and implementation of remedial action plan approved by the DTSC
							 pursuant to Education Code Section
							 17213.
Authorization for use of New Construction Grants for
							 which the final plans and specifications for the project were accepted by the
							 DSA after January 22, 2003 may be requested as follows:
(a) A district may request new construction
						  grants that exceed the capacity of the project based on loading standards
						  pursuant to Education Code Section
						  17071.25(a)(2)
						  and any loading standards adopted by the SAB by these regulations if the
						  project is to construct a multipurpose, gymnasium, Multipurpose/Gymnasium
						  Hybrid, and/or library, or for an Alternative Education school to construct a
						  multipurpose/gymnasium, library, counseling offices, and/or conference rooms,
						  at an existing site that does not have an existing or adequate facility of the
						  type being requested when all of the following is met:
(1) The district must adopt a school board
						  resolution that has been discussed at a public hearing at a regularly scheduled
						  meeting of the district's governing board on a date preceding the application
						  filing that includes the following:
(A) An
						  acknowledgement that funds for the purposes of housing the excess pupils are
						  being diverted to another project.
(B) An acknowledgement that the State has
						  satisfied its obligation, pursuant to Section
						  1859.50, to house the pupils
						  receiving grants in the project.
(C) A plan outlined in the resolution that
						  identifies how the district has housed or will house the pupils receiving
						  grants in the project in school buildings as defined in Education Code Section
						  17368. The
						  plan must certify one of the following methods:
1. The district will construct or acquire
						  facilities for housing the pupils with funding not otherwise available to the
						  SFP as a district match within five years of project approval by the SAB, and
						  the district must identify the source of the funds; or
2. The district will utilize higher district
						  loading standards providing the loading standards are within the approved
						  district's teacher contract and do not exceed 33:1 per
						  classroom.