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 1859.302 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of these Subgroup 5.7 regulations,
							 the terms set forth below shall have the following meanings, subject to the
							 provisions of the Act:
"Accepted Application(s)" means a Local Educational
							 Agency (LEA) has submitted the application and all documents to the Office of
							 Public School Construction (OPSC) that are required to be submitted with the
							 application as identified in the General Information and Required Documentation
							 section of the Form SAB 61-03,
Grant Request,
(Rev. 
							 01/07
							 ), as appropriate, and the OPSC has accepted the application.
"Act" means California Education Code (EC) Sections
							 17592.70 through
							 17592.73, inclusive, and
							 41207.5.
"Apportionment" means an allocation of funds by the
							 Board for eligible School Facilities Needs Assessment Grant Program or
							 Emergency Repair Program costs.
"Board" means the State Allocation Board as
							 established by Section
							 15490 of
							 the Government Code.
"CBEDS Report" means the enrollment information
							 provided through the California Basic Educational Data System (CBEDS) by the
							 LEA to the California Department of Education (CDE).
"Certification of Eligibility" means the on-line
							 worksheet provided by the OPSC and accessible through the OPSC Website at
							 www.opsc.dgs.ca.gov for the purpose of a one-time determination of whether a
							 school site meets the provisions of Section
							 1859.311(b).
"Cosmetic Repairs" means repairs that enhance the
							 physical environment of the school and are not directly related to the
							 mitigation of a health and safety hazard.
"Deferred Maintenance Program (DMP)" means the State
							 deferred maintenance funding authorized by EC Sections
							 17582 through
							 17588, inclusive.
"Emergency Facilities Needs" means structures or
							 systems that in their present condition pose an immediate threat to the health
							 and safety of pupils and staff while at school.
"Emergency Repair Program (ERP)" means the repair
							 program implemented under the Act, Senate Bill 6, Chapter 899, Statutes of
							 2004.
"ERP Grant" means an Apportionment provided by the
							 State to the LEA for eligible costs, pursuant to EC Section
							 17592.72 and Regulation Sections
							 1859.323,
							 1859.323.1, and
							 1859.323.2.
"Employee" means an individual that is a classified
							 or certificated temporary, probationary or permanent employee receiving a
							 warrant as payment from the LEA.
"Expended" means work has been completed, or services
							 rendered, and a warrant has been issued for payment.
"Form SAB 61-01" means the
Needs Assessment
							 Report
, Form SAB 61-01 (New 
							 01/05
							 ), which is incorporated by reference.
"Form SAB 61-02" means the
Expenditure
							 Report
, Form SAB 61-02 (New 
							 02/05
							 ), which is incorporated by reference.
"Form SAB 61-03" means the
Grant
							 Request
, Form SAB 61-03 (Rev. 
							 12/08
							 ), which is incorporated by reference.
"Form SAB 61-04" means the
Expenditure
							 Report
, Form SAB 61-04 (Rev. 
							 12/10
							 ), which is incorporated by reference.
"Grant" means an apportionment for a request for an
							 Emergency Repair Program project and can include reimbursement for projects
							 already completed.
"Grant Adjustment" means an increase or a decrease in
							 the Grant after review of the Form SAB 61-04.
"Interim Evaluation Instrument" means the evaluation
							 tool developed pursuant to EC Section
							 17002.
"LEA Representative" means a member of the LEA staff
							 or other agent authorized to execute and file application(s) with the Board on
							 behalf of the LEA and/or act as liaison between the Board and the LEA.
"Like-Kind Material/System" means a building material
							 or system that is substantially identical in function to the existing building
							 material or system to be replaced.
"Local Educational Agency (LEA)" means a school
							 district or county office of education meeting the requirements of Section
							 14101(18)(A) or
							 (B) of the federal Elementary and Secondary
							 Education Act of 1965.
"Needs Assessment" means the review of the facilities
							 conducted pursuant to the Section
							 1859.315(c), the
							 Form SAB 61-01 and EC Section
							 17592.70.
"Needs Assessment Grant" means the funding provided
							 pursuant to EC Section
							 17592.70(c) and
							 Sections 1859.312 and
							 1859.313.
"Nonessential Repairs" means work that is not
							 directly related to the mitigation of a health and safety hazard including, but
							 not limited to, repairs to correct items not in compliance with Title 24 of the
							 California Code of Regulations that existed prior to and are not an Emergency
							 Facilities Needs.
"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 School Facilities Needs Assessment Grant
							 Program and the Emergency Repair Program.
"Pupil" means a student enrolled in any grade
							 Kindergarten through grade twelve including individuals with exceptional needs
							 meeting the provisions of EC Section
							 56026.
"Ready for Apportionment" means a review of an
							 Accepted Application has been completed by the OPSC and it has been determined
							 that it meets all requirements of law for an Apportionment, and the OPSC will
							 recommend approval to the Board.
"Routine Restricted Maintenance Account" means the
							 account into which funds are deposited by LEAs pursuant to EC Section
							 17070.75.
"School Facilities Emergency Repair Account" means
							 the account established by the OPSC pursuant to EC Section
							 17592.71(a).
"School Facilities Needs Assessment Grant Program"
							 means the one-time assessment of school facilities implemented under the Act,
							 Senate Bill 6, Chapter 899, Statutes of 2004.
"School Facility Program (SFP)" means the Leroy F.
							 Greene School Facilities Act of 1998, commencing with EC Section
							 17070.10.
"Section" means a section in these Subgroup 5.7
							 regulations.
"Unfunded List" means an information list of unfunded
							 projects including projects partially funded on a prorated basis pursuant to
							 Section 1859.322(b)(1).
"Web-Based Needs Assessment" means the on-line Form
							 SAB 61-01 provided by the OPSC and accessible through the OPSC Website at
							 www.opsc.dgs.ca.gov for the one-time purpose of submitting the Needs Assessment
							 data electronically.
"Web-Based Progress Report Survey" means the on-line
							 worksheet provided by the OPSC and accessible through the OPSC Website at
							 www.opsc.dgs.ca.gov for the purpose of submitting a one-time report on the
							 progress made toward completing the Needs Assessment.
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, including
							 reordering of definitions to correct alphabetical order, transmitted to OAL
							 9-23-2005 and filed 11-7-2005 (Register 2005, No. 45).
3. Amendment
							 of definitions of "Accepted Application(s)," "Apportionment," Emergency Repair
							 Program Grant," "Form SAB 61-03," "School Facility Program" and "Unfunded List"
							 and new definitions of "Form SAB 61-04," "Grant" and "Grant Adjustment" 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).
5.
							 Amendment of definitions of "Form SAB 61-03" and "Form SAB 61-04" filed
							 8-31-2009; operative 8-31-2009 pursuant to Government Code section
							 11343.4
							 (Register 2009, No. 36).
6. Change without regulatory effect
							 amending definition of "Form SAB 61-04" filed 1-13-2011 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 2011, No. 2).
Note: Authority cited: Section
								17592.73,
								Education Code. Reference: Sections
								17592.70,
								17592.71,
								17592.72
								and
								17592.73,
								Education Code.