reglab/statecodes huggingface dataset:
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 3 - PERMISSIBLE AND IMPERMISSIBLE USES OF FRP GRANTS › Section 1859.210 - Impermissible Project Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A FRP grant may not be used for any of the
							 following:
(a) Maintenance
						  costs.
(b) Construction of new
						  facilities, except for Impacted LEA's.
(c) Stadiums or other facilities primarily
						  used for athletic contests or exhibitions or other events for which admission
						  is charged to the general public.
(d) Payment of debt service for any
						  outstanding debt.
(e) Land
						  acquisition, unless an existing building is on the land or a relocatable
						  building is placed on the land within 90 days of the close of escrow, for a
						  charter school.
(f) Renovation
						  and/or repair work where the LEA received funding for the same work under any
						  state funded school facility program.
1. New
							 section filed 3-15-2002 as an emergency; operative 3-15-2002 (Register 2002,
							 No. 11). A Certificate of Compliance must be transmitted to OAL by 7-15-2002 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. New section refiled 7-11-2002 as an emergency; operative
							 7-11-2002 (Register 2002, No. 28). A Certificate of Compliance must be
							 transmitted to OAL by 11-8-2002 or emergency language will be repealed by
							 operation of law on the following day.
3. Certificate of Compliance
							 as to 7-11-2002 order transmitted to OAL 11-6-2002 and filed 12-19-2002
							 (Register 2002, No. 51).
Note: Authority cited: Sections
								15502 and
								15503,
								Government Code; and Section
								12300,
								Education Code. Reference:
								Section
								321,
								Public Law
								106-554.
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 3 - PERMISSIBLE AND IMPERMISSIBLE USES OF FRP GRANTS › Section 1859.211 - Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
FRP grants may be used to reimburse the LEA for
							 permissible costs, as defined in Sections
							 1859.208 and
							 1859.209, expended or committed by
							 the LEA prior to the apportionment of the application by the Board if:
(a) The expenditure or commitment was for the
						  planning and/or design of the renovation and/or repair project.
(b) The expenditure or commitment for other
						  than planning and/or design costs of the renovation and/or repair project was
						  made after the adoption of these regulations by the Board.
1. New
							 section filed 3-15-2002 as an emergency; operative 3-15-2002 (Register 2002,
							 No. 11). A Certificate of Compliance must be transmitted to OAL by 7-15-2002 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. New section refiled 7-11-2002 as an emergency; operative
							 7-11-2002 (Register 2002, No. 28). A Certificate of Compliance must be
							 transmitted to OAL by 11-8-2002 or emergency language will be repealed by
							 operation of law on the following day.
3. Certificate of Compliance
							 as to 7-11-2002 order transmitted to OAL 11-6-2002 and filed 12-19-2002
							 (Register 2002, No. 51).
Note: Authority cited: Sections
								15502 and
								15503,
								Government Code; and Section
								12300,
								Education Code. Reference:
								Section
								321,
								Public Law
								106-554.
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 4 - FUNDING AVAILABILITY › Section 1859.212 - Distribution of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
						  funds made available for the FRP shall be distributed and made available for
						  apportionment to certain LEA's in accordance with
						  Section
						  321(b)(2)(B) of
						  Public Law
						  106-554. The funding categories and the LEA's
						  eligible to receive FRP grants in each of these categories are as follows:
(1) Category A. High Poverty LEA's.
(2) Category B. Rural LEA's that did not
						  receive FRP grants under Category A.
(3) Category C. All other LEA's including
						  LEA's that did not receive FRP grants under categories A or
						  B.
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 4 - FUNDING AVAILABILITY › Section 1859.213 - Amount of the FRP Grant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The maximum FRP grant for an LEA is limited to the
							 lesser of (a) or (b) below:
(a) The
						  amount requested in the
Application for Federal Grant
, Form
						  SAB 60-01(New 01-02) submitted by the LEA.
(b) $75,000 plus $20 for each pupil
						  identified in (1), (2), (3) and (4) below that attend a classroom for at least
						  50 percent of the school day. Do not include adult education pupils; pupils
						  attending home school programs or pupils attending schools via the Internet.
(1) With the exception of special day class
						  and community school pupils, pupils enrolled in the LEA as reported in the
						  latest CBEDS report.
(2) Special
						  day class and community school pupils reported to the California Department of
						  Education in April prior to the latest CBEDS report.
(3) Pupils enrolled in a qualifying charter
						  school(s) that requested funds as part of the LEA's application if the
						  enrollment of the charter school(s) is not already included in the enrollment
						  reports identified in (1) and (2) above.
(4) Pupils enrolled in a qualifying
						  non-profit private school(s) that requested funds as part of the LEA's
						  application. Non-profit private school pupil enrollment shall be the enrollment
						  reported in the affidavit or statement filed with the Superintendent of Public
						  Instruction as required by Education Code Section
						  33190.
The FRP grant amounts shown shall be deemed the full
							 and final apportionment for the application. Any costs incurred by the LEA
							 beyond the FRP grant shall be the responsibility of the
							 LEA.
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 5 - APPORTIONMENT OF FUNDS › Section 1859.214 - Apportionment of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The OPSC shall report to the Board, after the date
							 applications have been accepted as prescribed in Section
							 1859.207, the dollar amount of
							 applications for FRP grants that have been received for each funding category
							 prescribed in Section
							 1859.212. The Board shall approve
							 and apportion FRP grants to the applications accepted from each of the funding
							 categories based on the following:
(a)
						  If the total dollar amount of applications accepted for a specific category are
						  less than the funds distributed to that category pursuant to Section
						  1859.212, the Board shall approve
						  and apportion FRP grants to all the applications accepted for that category.
						  The excess funds shall remain in the respective category and shall be available
						  for additional applications accepted by a subsequent date as prescribed in
						  Section 1859.207.
(b) If the total dollar amount of the
						  applications accepted for a specific category is more than the funds
						  distributed to that category pursuant to Section
						  1859.212, the Board shall approve
						  and apportion FRP grants to applications accepted for that category, in
						  descending order, commencing with the application having the highest number of
						  priority points for the LEA determined by all the following:
(1) The greater of (A) or (B) below:
(A) One point for each percent of pupils in
						  the LEA defined as Poor Children. Round up.
(B) One point for every 330 pupils in the LEA
						  defined as Poor Children, not to exceed 50 points. Round
						  up.
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 6 - MISCELLANEOUS › Section 1859.215 - Release of FRP Grants to the LEA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The FRP grant will be released (i.e. warrant issued)
							 to the LEA after submittal by the LEA of the
Fund Release
							 Authorization
, Form SAB 60-02 (New ½ ), which is incorporated
							 by reference, to the OPSC. The FRP grant will be released to the LEA as
							 follows:
(a) The first 50 percent of
						  the FRP grant after the LEA meets all the following criteria:
(1) The final plans for the project(s) to be
						  constructed with the FRP grant are complete and approved by the Division of the
						  State Architect, if required.
(2)
						  The final plans and site acquisition (if applicable) for those projects(s) have
						  been approved by the CDE, if required.
(3) The LEA has expended at least 50 percent
						  of the FRP grant amount on the FRP project.
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 6 - MISCELLANEOUS › Section 1859.216 - Time Limit for FRP Grant Apportionments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the Board makes a finding that the LEA has
							 presented other evidence of circumstances that are beyond the control of the
							 LEA which precludes progress or completion of the project(s) to be constructed
							 with the FRP grant, the FRP grant shall be reduced to permissible costs, as
							 defined in Sections
							 1859.208 and
							 1859.209, incurred by the LEA if
							 any of the following occur:
(a) The
						  LEA does not meet the criteria for release of at least 50 percent of the FRP
						  grant prescribed in subsection (a) of Section
						  1859.215 within one year from the
						  date the FRP grant was apportioned by the Board.
(b) The LEA does not meet the criteria for
						  release of 100 percent of the FRP grant within 180 calendar days from the date
						  of the first fund release was issued by the Board pursuant to Subsection (a) of
						  Section 1859.215.
1. New
							 section filed 3-15-2002 as an emergency; operative 3-15-2002 (Register 2002,
							 No. 11). A Certificate of Compliance must be transmitted to OAL by 7-15-2002 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. New section refiled 7-11-2002 as an emergency; operative
							 7-11-2002 (Register 2002, No. 28). A Certificate of Compliance must be
							 transmitted to OAL by 11-8-2002 or emergency language will be repealed by
							 operation of law on the following day.
3. Certificate of Compliance
							 as to 7-11-2002 order transmitted to OAL 11-6-2002 and filed 12-19-2002
							 (Register 2002, No. 51).
Note: Authority cited: Sections
								15502 and
								15503,
								Government Code; and Section
								12300,
								Education Code. Reference:
								Section
								321,
								Public Law
								106-554.
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 6 - MISCELLANEOUS › Section 1859.217 - Program Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An LEA receiving FRP grants shall submit the
Expenditure Report
, Form SAB 60-03 (New ½ ), which is
							 incorporated by reference, within 270 calendar days of the first release of
							 funds authorized by Section
							 1859.215. Local funds contributed
							 to the FRP projects shall be reported on the
Expenditure
							 Report
, Form SAB 60-03 (New ½ ). Failure to submit the
Expenditure Report
, Form SAB 60-03 (New ½ ) within the
							 prescribed time period may result in the FRP grant being rescinded by the Board
							 or reduced to permissible costs incurred, as defined in Sections
							 1859.208 and
							 1859.209.
1. New
							 section filed 3-15-2002 as an emergency; operative 3-15-2002 (Register 2002,
							 No. 11). A Certificate of Compliance must be transmitted to OAL by 7-15-2002 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. New section refiled 7-11-2002 as an emergency; operative
							 7-11-2002 (Register 2002, No. 28). A Certificate of Compliance must be
							 transmitted to OAL by 11-8-2002 or emergency language will be repealed by
							 operation of law on the following day.
3. Certificate of Compliance
							 as to 7-11-2002 order transmitted to OAL 11-6-2002 and filed 12-19-2002
							 (Register 2002, No. 51).
Note: Authority cited: Sections
								15502 and
								15503,
								Government Code; and Section
								12300,
								Education Code. Reference:
								Section
								321,
								Public Law
								106-554.
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 6 - MISCELLANEOUS › Section 1859.219 - Accrued Interest on FRP Grants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All interest earned on FRP grant funds that are
							 deposited in the county sub-fund shall be returned to the Board. The Board
							 shall return all interest earned to the federal agency that made the FRP
							 appropriation to the state.
1. New
							 section filed 3-15-2002 as an emergency; operative 3-15-2002 (Register 2002,
							 No. 11). A Certificate of Compliance must be transmitted to OAL by 7-15-2002 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. New section refiled 7-11-2002 as an emergency; operative
							 7-11-2002 (Register 2002, No. 28). A Certificate of Compliance must be
							 transmitted to OAL by 11-8-2002 or emergency language will be repealed by
							 operation of law on the following day.
3. Certificate of Compliance
							 as to 7-11-2002 order transmitted to OAL 11-6-2002 and filed 12-19-2002
							 (Register 2002, No. 51).
Note: Authority cited: Sections
								15502 and
								15503,
								Government Code; and Section
								12300,
								Education Code. Reference:
								Section
								321,
								Public Law
								106-554.
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 5.6 - REGULATIONS RELATING TO THE FEDERAL SCHOOL RENOVATION PROGRAM (FEDERAL SCHOOL REPAIR AND RENOVATION PROGRAM) › Article 6 - MISCELLANEOUS › Section 1859.220 - Duplication of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the LEA's application for a FRP grant involves
							 proposed work also included in a SFP modernization project currently included
							 on the SFP Modernization Unfunded List or the OPSC Modernization Workload List,
							 the LEA must certify that, after eliminating the work to be funded with the FRP
							 grant from the SFP modernization project, the cost estimate for the remaining
							 work in the modernization project is at least 60 percent of the total SFP grant
							 amount provided by the state and the LEA's matching share. The cost estimate
							 may not include planning, tests, inspection or furniture or equipment. If the
							 LEA cannot make this certification, the SFP modernization project must be
							 withdrawn prior to the release of any FRP grants to the LEA.
If the LEA's application for a FRP grant involves
							 proposed work also included in a Deferred Maintenance Program (DMP) critical
							 hardship project authorized by Education Code Section
							 17587
							 currently included on the DMP Critical Hardship Unfunded List or the OPSC
							 Deferred Maintenance Critical Hardship Workload List, the critical hardship
							 project must be withdrawn prior to the release of any FRP grants to the
							 LEA.
If the LEA's application for a FRP grant involves
							 work currently included on the LEA's Deferred Maintenance Five-Year Plan
							 pursuant to Education Code Section
							 17591, the
							 LEA must remove the projects that will be funded with the FRP grants from the
							 Five-Year Plan prior to the release of any FRP grants to the
							 LEA.
1. New
							 section filed 3-15-2002 as an emergency; operative 3-15-2002 (Register 2002,
							 No. 11). A Certificate of Compliance must be transmitted to OAL by 7-15-2002 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. New section refiled 7-11-2002 as an emergency; operative
							 7-11-2002 (Register 2002, No. 28). A Certificate of Compliance must be
							 transmitted to OAL by 11-8-2002 or emergency language will be repealed by
							 operation of law on the following day.
3. Certificate of Compliance
							 as to 7-11-2002 order transmitted to OAL 11-6-2002 and filed 12-19-2002
							 (Register 2002, No. 51).
Note: Authority cited: Sections
								15502 and
								15503,
								Government Code; and Section
								12300,
								Education Code. Reference:
								Section
								321,
								Public Law
								106-554; and Sections
								17585 and
								17591,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1859.300 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations implement the School Facilities
							 Needs Assessment Grant Program and the Emergency Repair
							 Program.
1. New
							 subgroup 5.7 (articles 1-3, sections
							 1859.300-1859.329), article 1
							 (sections 1859.300-1859.302) and section
							 filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005, No. 22). A
							 Certificate of Compliance must be transmitted to OAL by 9-28-2005 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Sections
								17592.70
								and
								17592.71,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1859.301 - Director of General Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director of General Services, or the Director's
							 legal designee, shall perform all acts necessary to carry out the provisions of
							 these regulations except such functions reserved to the Board and to other
							 agencies by law or by Sections
							 1859.300 through
							 1859.329, inclusive. These acts to
							 be performed include, but are not limited to, entering into contracts to
							 administer the regulations.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								17070.20,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 2 - SCHOOL FACILITIES NEEDS ASSESSMENT GRANT PROGRAM › Section 1859.310 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A school site that qualifies for the School
							 Facilities Needs Assessment Grant Program according to the provisions of EC
							 Section 17592.70(b) shall
							 be allocated funds by the Board in order to conduct a one-time comprehensive
							 school facilities needs assessment. An LEA that receives funds under this
							 Article shall be required to complete and submit a Web-Based Needs Assessment
							 to the OPSC for each school site meeting the provisions of Section
							 1859.311.
1. New
							 article 2 (sections
							 1859.310-1859.319) and section
							 filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005, No. 22). A
							 Certificate of Compliance must be transmitted to OAL by 9-28-2005 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								17592.70,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 2 - SCHOOL FACILITIES NEEDS ASSESSMENT GRANT PROGRAM › Section 1859.311 - Eligible Schools

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An LEA that has a school site meeting all of the
							 following is eligible for the School Facilities Needs Assessment Grant
							 Program:
(a) The school was identified
						  on the list published by the CDE pursuant to EC Section
						  17592.70(b).
(b) The school was newly constructed prior to
						  January 1, 2000.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								17592.70,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 2 - SCHOOL FACILITIES NEEDS ASSESSMENT GRANT PROGRAM › Section 1859.312 - Apportionment of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall allocate ten dollars ($10) per Pupil
							 enrolled in eligible school sites, according to the 2003 October CBEDS Report,
							 for each school site identified by CDE pursuant to Section
							 1859.311(a). A
							 minimum allocation of seven thousand five hundred dollars ($7,500) shall be
							 made for each school site. Once an Apportionment has been made by the Board and
							 the OPSC has received the Certification of Eligibility, funds for eligible
							 school sites will be released by OPSC to the LEA with jurisdiction over the
							 school site(s) along with requirements for the money to be spent at the
							 eligible school site(s) in accordance with Section
							 1859.313. Any school site not
							 meeting the provisions of Section
							 1859.311(b) is
							 ineligible for funding under these regulations. Apportionments shall be reduced
							 by the grant amount allocated for ineligible school sites upon receipt of the
							 Certification of Eligibility.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: Section
								17592.73,
								Education Code Reference: Section
								17592.70,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 2 - SCHOOL FACILITIES NEEDS ASSESSMENT GRANT PROGRAM › Section 1859.313 - Use of Needs Assessment Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The LEA shall only use the Needs Assessment Grant
							 funds for the following:
(a)
						  Unbudgeted administrative or third party costs incurred as a result of
						  performing the Needs Assessment.
(b) Repairs identified in Part V of the Form
						  SAB 61-01 at any eligible school site within the LEA where a Needs Assessment
						  has been completed.
Apportionments may be rescinded or reduced by the
							 grant amount provided for each eligible school site where the LEA fails to
							 comply with the provisions of Sections
							 1859.310 and
							 1859.315.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								17592.70,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 2 - SCHOOL FACILITIES NEEDS ASSESSMENT GRANT PROGRAM › Section 1859.314 - Qualifications of the Inspector

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Needs Assessment must be prepared in accordance
							 with all of the following:
(a) The
						  person(s) performing or supervising the Needs Assessment must have general
						  knowledge of school facilities construction, operation, and maintenance and
						  either of the following:
(1) A minimum of
						  three years of experience with cost estimation and building systems life cycle
						  analysis; or
(2) An Architect,
						  Engineer, or General Contractor license under California
						  law.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 2 - SCHOOL FACILITIES NEEDS ASSESSMENT GRANT PROGRAM › Section 1859.315 - Program Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An LEA that receives School Facilities Needs
							 Assessment Grant funds pursuant to Section
							 1859.312 shall:
(a) Complete a Certification of Eligibility
						  and submit it to the OPSC. Each LEA shall submit one certification to the OPSC.
						  Fund release(s) shall be processed by the OPSC for all eligible sites upon
						  receipt of the complete signed and dated Certification of
						  Eligibility.
(b) Complete a
						  Web-Based Progress Report Survey and submit it to the OPSC. Each LEA shall
						  submit one survey unless the Needs Assessment for all eligible school sites has
						  been completed pursuant to subsection (c), below:
(c) Complete a Web-Based Needs Assessment for
						  each applicable site and submit it to the OPSC by January 1, 2006.
(d) Complete Form SAB 61-02 to report all
						  expenditures made with Needs Assessment Grant funds on an LEA-wide basis and
						  submit it to the OPSC by January 1, 2007.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: 17592.73, Education Code.
								Reference: Sections
								17592.70
								and
								17592.73,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 2 - SCHOOL FACILITIES NEEDS ASSESSMENT GRANT PROGRAM › Section 1859.316 - Needs Assessment Grant Expenditures and Audit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The projects shall be subject to audit to ensure that
							 expenditures incurred by the LEA were made in accordance with the provisions of
							 Sections 1859.313 and
							 1859.314. Any funds not Expended on
							 the Needs Assessment or eligible repairs at the time of submittal of the Form
							 SAB 61-02 shall be returned to the OPSC.
After the OPSC receives the expenditure report from
							 the LEA on the Form SAB 61-02 and the LEA is notified of an impending Needs
							 Assessment audit, an audit of the expenditures by the OPSC shall commence
							 within six months. The OPSC shall complete the audit within six months of the
							 notification unless additional information requested from the LEA has not been
							 received.
Should the OPSC conduct an audit of the expenditures
							 and information, which may include certifications, for expenditures made
							 pursuant to Section
							 1859.310 and make a finding that
							 some or all of the expenditures were not made in accordance with the provisions
							 of Section 1859.313, the OPSC shall recommend
							 to the Board that the Apportionment be adjusted based on the audit findings.
							 Upon adoption of the audit findings by the Board, the LEA must submit a warrant
							 for any amount identified as being owed within 30 days of the Board's action.
							 If this does not occur, the OPSC shall initiate collection
							 procedures.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								17592.70,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 2 - SCHOOL FACILITIES NEEDS ASSESSMENT GRANT PROGRAM › Section 1859.317 - Duplication of Needs Assessment Grant Expenditures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the LEA's expenditures for the Needs Assessment
							 Grant involve proposed work also included in a SFP or DMP project, the LEA must
							 ensure all of the following:
(a) No
						  work or expenditures are duplicated.
(b) After eliminating the work to be funded
						  with the Needs Assessment Grant from the SFP or DMP project, the remaining work
						  continues to meet the SFP or DMP requirements.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								17592.73,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 2 - SCHOOL FACILITIES NEEDS ASSESSMENT GRANT PROGRAM › Section 1859.319 - Remaining Needs Assessment Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any funds unapportioned or returned to the OPSC shall
							 be transferred into the School Facilities Emergency Repair
							 Account.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No.
							 45).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								41207.5,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 3 - EMERGENCY REPAIR PROGRAM › Section 1859.320 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An LEA seeking an ERP Grant for funding of costs for
							 repairs or replacement of existing structural components or building systems
							 that pose(d) a health and safety threat to the pupils or staff while at school,
							 as defined by EC Section
							 17592.72(c)(1),
							 shall submit to the OPSC a completed Form SAB 61-03.
1. New
							 article 3 (sections
							 1859.320-1859.329) and section
							 filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005, No. 22). A
							 Certificate of Compliance must be transmitted to OAL by 9-28-2005 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No. 45).
3.
							 Amendment filed 7-2-2007 as an emergency; operative 7-2-2007 (Register 2007,
							 No. 27). A Certificate of Compliance must be transmitted to OAL by 12-31-2007
							 or emergency language will be repealed by operation of law on the following
							 day.
4. Certificate of Compliance as to 7-2-2007 order transmitted
							 to OAL 11-5-2007 and filed 12-18-2007 (Register 2007, No.
							 51).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								17592.72,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 3 - EMERGENCY REPAIR PROGRAM › Section 1859.321 - Eligible Schools

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Eligible schools are determined as follows:
(a) An LEA that has a school site meeting all
						  of the following is eligible to submit a Form SAB 61-03:
(1) The school was identified on the list
						  published by the CDE pursuant to EC Section
						  17592.72.
(2) The school was newly constructed prior to
						  January 1, 2000.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 3 - EMERGENCY REPAIR PROGRAM › Section 1859.322 - Emergency Repair Program Project Funding Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall make apportionments on a monthly
							 basis for Grants in the order of receipt of an Accepted Application and for
							 Grant Adjustments in the order of receipt of a complete Form SAB 61-04, as
							 follows:
(a) If sufficient funding is
						  available to provide funding to all applications presented that month, all
						  applications will receive an Apportionment of the eligible costs.
(b) If funding is insufficient in any given
						  month:
(1) Grants will be provided to each
						  application on a prorated basis with the balance placed on the Unfunded List,
						  unless the proration will result in funding less than 25 percent of the
						  eligible project costs. The proration shall be determined by dividing the total
						  funds available by the total eligible costs of all applications Ready for
						  Apportionment. All Grant Adjustments will be placed on the Unfunded
						  List.
(2) If the proration, as
						  determined in (1) above, will be less than 25 percent of the eligible project
						  costs, the Board shall provide Grant funding at 100 percent of the eligible
						  project costs of the Grants based on date order received until funds are no
						  longer available and the remaining Grant applications shall be placed on the
						  Unfunded List. All Grant Adjustments will be placed on the Unfunded
						  List.
(3) The Board will continue
						  to accept and process applications for the purpose of developing an Unfunded
						  List based on the order of receipt of the Accepted Applications.
When funds become available, projects on the Unfunded
							 List will be apportioned in the order of date received. From available funds,
							 Grants will be funded first and Grant Adjustments will be funded second. After
							 an Apportionment has been made by the Board, funds will be released
							 automatically by the OPSC. If local funds have been expended, the Apportionment
							 must be used by the LEA to reimburse the special reserve fund and the original
							 source of funds used to make the LEA expenditures for the ERP project.
Once all ERP funds have been depleted, any
							 applications that have received a prorated Apportionment, a Grant, or a Grant
							 Adjustment will be deemed a full and final Apportionment any applications
							 remaining fully unfunded on the Unfunded List will be returned to the LEA, and
							 the Unfunded List shall be dissolved.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 3 - EMERGENCY REPAIR PROGRAM › Section 1859.323 - Eligible Project Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Funding will be provided to meet the LEA share of the
							 repair costs of Emergency Facilities Needs as defined in Education Code Section
							 17592.72(c)(1).
							 To be eligible for funding consideration, the total project cost request on the
							 Form SAB 61-03 must be $5000 or higher unless the LEA can justify its request
							 for a lesser amount. Funding of eligible projects costs shall be limited to the
							 minimum work required on existing structural components or building systems to
							 mitigate the health and safety hazard, plus application documentation
							 preparation and submittal costs, if any, as permissible under Regulation
							 Section 1859.323.2(j).
Replacement of existing structural components or
							 building systems is permissible provided the project is in compliance with
							 provisions of Section
							 1859.323.1.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No. 45).
3.
							 Amendment of first paragraph filed 7-2-2007 as an emergency; operative 7-2-2007
							 (Register 2007, No. 27). A Certificate of Compliance must be transmitted to OAL
							 by 12-31-2007 or emergency language will be repealed by operation of law on the
							 following day.
4. Certificate of Compliance as to 7-2-2007 order
							 transmitted to OAL 11-5-2007 and filed 12-18-2007 (Register 2007, No.
							 51).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								17592.72,
								Education Code.
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 5.7 - SCHOOL FACILITIES NEEDS ASSESSMENT AND EMERGENCY REPAIR PROGRAM › Article 3 - EMERGENCY REPAIR PROGRAM › Section 1859.323.2 - Ineligible Expenditures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Emergency Repair Program Grant may not be used for
							 any of the following:
(a) New square
						  footage, components, or building systems that did not previously
						  exist.
(b) Nonessential
						  Repairs.
(c) Cosmetic
						  Repairs.
(d) Land
						  acquisition.
(e) Furniture and
						  equipment.
(f) Salaries of LEA
						  employees except when permitted pursuant to Public Contract Code Section
						  20114.
(g) Costs covered under warranty or by
						  insurance.
(h) Costs normally borne
						  by others including, but not limited to, public utility companies.
(i) Costs to repair or replace facilities
						  with structural damage if the project meets the facility hardship or
						  rehabilitation criteria set forth in School Facility Program Regulation
						  Sections 1859.82 and
						  1859.83(e).
(j) Application documentation preparation and
						  submittal costs that exceed two percent of the total project cost or $5,000,
						  whichever is less. The total project cost shall be calculated by adding all
						  other eligible costs and re-calculated upon the grant adjustment determination
						  pursuant to Section
						  1859.324.1.
1. New
							 section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005,
							 No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 5-31-2005 order transmitted
							 to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No. 45).
3. New
							 subsection (j) filed 7-2-2007 as an emergency; operative 7-2-2007 (Register
							 2007, No. 27). A Certificate of Compliance must be transmitted to OAL by
							 12-31-2007 or emergency language will be repealed by operation of law on the
							 following day.
4. Certificate of Compliance as to 7-2-2007 order
							 transmitted to OAL 11-5-2007 and filed 12-18-2007 (Register 2007, No.
							 51).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Section
								17592.72,
								Education Code.