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 1859.50 - Calculations to Determine New Construction Baseline Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The district shall calculate its eligibility
							 determination by completion of the Form SAB 50-03. Eligibility determination
							 for New Construction Grant(s) may be requested on either a district-wide basis,
							 a HSAA or Super HSAA basis.
If a district requests to have its eligibility
							 determination made on a district-wide basis, eligibility for future grants in
							 the district must be filed on the same basis for a period of five years from
							 the date the district received an apportionment that was justified by
							 eligibility determined on a district-wide basis.
If a district requests to re-file its eligibility
							 determination from district-wide to HSAA to Super HSAA after the five year time
							 period has elapsed, the existing school building capacity in the HSAA or Super
							 HSAA will be determined based on the classrooms available in the HSAA or Super
							 HSAA at the time of the initial district-wide request for eligibility
							 determination. Once the baseline eligibility has been determined for the HSAA
							 or Super HSAA, it will be adjusted for classrooms constructed, funded or
							 acquired in that HSAA or Super HSAA as provided by Section
							 1859.51.
If the district requests to have its eligibility
							 determination made on a HSAA or Super HSAA, it must meet the criteria of
							 Section 1859.41.
The calculated eligibility on the Form SAB 50-03, is
							 the initial eligibility of the district, the HSAA or Super HSAA and shall be
							 referenced as the baseline eligibility for future SFP funding. The baseline
							 eligibility is the basis for filing Form SAB 50-04, for a new construction SFP
							 grant.
If a special education program and the title to the
							 related facilities is transferred between a school district and county office
							 of education after the baseline eligibility was established by the Board, the
							 following shall be required if the title transfer took place after January 1,
							 2007, or if requested by the school district and county office of education due
							 to a title transfer that took place prior to January 1, 2007:
(a) The sending School District's existing
						  school building capacity shall be adjusted pursuant to Section
						  1859.51(r).
(b) The receiving School District's existing
						  school building capacity shall be adjusted pursuant to Section
						  1859.51(i).
(c) The sending School District's enrollment
						  projection shall be adjusted pursuant to Education Code Section
						  17071.75(f).
(d) The receiving School District shall remit
						  to the State a proportionate share of any financial hardship assistance
						  provided for the project as described in Section
						  1859.106.
For purposes of this paragraph, the transfer of title
							 to facilities shall also include:
(1)
						  A pre-existing lease, for the duration of more than five years whether in a
						  single lease or cumulative total of several leases, of the receiving School
						  District's facilities by the sending School District that is terminated after
						  transfer of the special education program takes place.
(2) A lease, for the duration of more than
						  five years whether in a single lease or cumulative total of several leases, of
						  the sending School District's facilities by the receiving School District.
There shall not be any further adjustments made as
							 result of any subsequent transfers of that program for a period of five years
							 from the date of the initial transfer or before all applicable funds have been
							 remitted to the State as a result of the initial transfer. Both School
							 Districts shall submit a Form SAB 50-01 for enrollment changes immediately upon
							 transfer of title.
A district affected by a reorganization election on
							 or after November 4, 1998 may file an application for a determination of new
							 construction baseline eligibility after a successful reorganization
							 election.