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 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1859.202 - 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
							 law:
"ADA" means the federal Americans with Disabilities
							 Act of 1990 codified in Section
							 12101 et seq. Title 42, United
							 States Code.
"Administration Costs" means the costs associated
							 with the preparation and submittal of the Federal Renovation Program
							 application to the State and the costs necessary to assure all state
							 application requirements have been met.
"Apportionment" means a reservation of funds by the
							 Board for eligible Federal Renovation Program applications.
"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 Education Data System by the Local
							 Educational Agency to the California Department of Education.
"Charter School" means a school established in
							 accordance with the provisions of Education Code Sections
							 47605
							 through
							 47608.
"Community School Pupil" means a pupil meeting one or
							 more of the conditions described in Subdivision (b) of Education Code Section
							 48662 or
							 any of the conditions described in Education Code Section
							 1981.
"Deferred Maintenance Program (DMP)" means the state
							 deferred maintenance funding authorized by Education Code Sections
							 17582
							 through
							 17588.
"DMP Critical Hardship Unfunded List" means an
							 information list of critical hardship projects authorized by Education Code
							 Section
							 17587
							 approved by the Board.
"Federal Renovation Program (FRP)" means the Federal
							 School Repair and Renovation Program authorized by Section
							 1(a)(1), United
							 States Department of Education Consolidated Appropriations Act of 2001
							 (Public Law
							 106-554).
"High Poverty Local Educational Agency" means an LEA
							 that has at least 30 percent of its pupils defined as Poor Children or has at
							 least 10,000 of its pupils defined as Poor Children.
"Impacted LEA" means an LEA that meets the
							 requirements of Section (a)(3) of the United States Department of Education
							 Consolidated Appropriations Act of 2001 (Public Law 106-554).
"Local Educational Agency" means an entity that meets
							 the requirements of Section
							 14101(18)(A) or
							 (B) of the federal Elementary and Secondary
							 Education Act of 1965.
"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.
"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 FRP on behalf of the Director.
"OPSC Deferred Maintenance Program Critical Hardship
							 Workload List" means a list of critical hardship applications authorized by
							 Education Code Section
							 17587
							 submitted to the OPSC but not yet included on the DMP Critical Hardship
							 Unfunded List.
"OPSC Modernization Workload List" means a list of
							 SFP modernization projects for which the LEA has submitted all necessary
							 application documents to the OPSC that are required to be submitted as
							 identified in the General Information Section of Forms SAB 50-01,
Enrollment Certification/Projection,
(Revised 
							 03/05
							 ); SAB 50-02,
Existing School Building Capacity
, (Revised 
							 09/02
							 ); SAB 50-03,
Eligibility Determination
, (Revised 
							 09/06
							 ); and SAB 50-04,
Application for Funding
, as specified in
							 Section 1859.2"Form SAB 50-04," under the
							 SFP.
"Poor Children" means children five to seventeen
							 years of age who are from families with an income below the poverty line as
							 defined by the federal Section
							 673(2) of the
							 Omnibus Budget Reconciliation Act of 1981 [42 U.S.C.
							 9902(2)] .
"Private School" means an entity that has filed an
							 affidavit or statement with the Superintendent of Public Instruction pursuant
							 to Education Code Section
							 33190.
"
							 Public Law
							 106-554 " means Section
							 1(a)(1), United
							 States Department of Education Consolidated Appropriations Act of 2001.
"Rehabilitation Act" means Section
							 504 of the Rehabilitation Act of
							 1973 codified in Section
							 794 of Title 29, United States
							 Code.
"Rural Local Educational Agency" means a LEA in which
							 the plurality of the pupils are in schools that are in Locale Codes of 7 and 8
							 as defined by the United States Department of Education's National Center for
							 Education Statistics.
"School Facilities Improvement District" means a
							 legal entity authorized by Education Code Section
							 15300 to
							 generate school facilities funding.
"School Facility Program (SFP)" means the Leroy F.
							 Greene School Facilities Act of 1998.
"SFP Modernization Unfunded List" means an
							 information list of unfunded modernization projects approved under the
							 provisions of the SFP.
"Section" means a section in these Subgroup 5.6
							 regulations.
"Special Day Class Pupil" means an individual with
							 exceptional needs as described in Education Code Section
							 56026 as
							 further defined and classified in 34 Code of Federal Regulations Part
							 300.5.
"State Educational Agency" means the California
							 Department of Education.
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, including amendment of definition of "OPSC Modernization
							 Workload List," transmitted to OAL 11-6-2002 and filed 12-19-2002 (Register
							 2002, No. 51).
4. Amendment of definition of "OPSC Modernization
							 Workload List" filed 10-27-2005; operative 10-27-2005 pursuant to Government
							 Code section
							 11343.4
							 (Register 2005, No. 43).
5. Change without regulatory effect
							 amending definition of "OPSC Modernization Workload List" filed 8-11-2006
							 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 2006, No. 32).
6. Certificate of Compliance as
							 to 9-5-2006 order, including further amendment of definition of "OPSC
							 Modernization Workload List" transmitted to OAL 1-3-2007 and filed 2-16-2007
							 (Register 2007, No. 7).
7. Amendment of Application for Funding
							 (incorporated by reference) and amendment of definition of "OPSC Modernization
							 Workload List" filed 4-25-2007; operative 4-25-2007 pursuant to Government Code
							 section
							 11343.4
							 (Register 2007, No. 17).
8. Amendment of definition of "OPSC
							 Modernization Workload List" filed 5-17-2007; operative 5-17-2007 pursuant to
							 Government Code section
							 11343.4
							 (Register 2007, No. 20).
9. Amendment of definition of "OPSC
							 Modernization Workload List" filed 7-18-2007; operative 7-18-2007 pursuant to
							 Government Code section
							 11343.4
							 (Register 2007, No. 29).
10. Amendment of definition of "OPSC
							 Modernization Workload List" filed 8-31-2007; operative 8-31-2007 pursuant to
							 Government Code section
							 11343.4
							 (Register 2007, No. 35).
11. Amendment of definition of "OSPC
							 Modernization Workload List" filed 4-30-2008; operative 4-30-2008 pursuant to
							 Government Code section
							 11343.4
							 (Register 2008, No. 18).
Note: Authority cited: Sections
								15502 and
								15503,
								Government Code; and Section
								12300,
								Education Code. Reference: Section
								15504,
								Government Code; and Section 321,
								Public Law
								106-554.