California Administrative Code

(a) Except as provided in subdivision (b), an extension of credit which consists of a receipt of goods or services pursuant to an agreement between the provider of the goods or services and a candidate or committee, and where payment is not made until a later date, is a contribut…

(a) For purposes of Government Code Section 83124, beginning the year 2002 the cost of living adjustment shall be calculated as follows. (1) The contribution limitations in Government Code Sections 85301, 85302 and 85303 shall be adjusted biennially by the Commission to reflect c…

(a) Campaign Contribution Limits (1) For purposes of Section 85301(a), the adjusted contribution limit in effect for candidates for the Senate or Assembly and candidates for elected seats to the Board of Administration of the Public Employees Retirement System or the Teachers' Re…

(a) All laws, ordinances, rules and regulations otherwise applicable to any project undertaken pursuant to an apportionment made under the Act shall remain applicable to said project otherwise provided by the Act or these regulations.

(a) Reference in any document, instruction, procedure, or policy action to any part of the Education Code prior to its recodification in 1977 shall be deemed applicable to the corresponding provisions of such recodified code.

(a) The 60-day period within which a contribution must be returned pursuant to Government Code section 85700 commences on the first day the candidate or committee, or an agent of a candidate or committee, obtains possession or control of the contribution. (b) Pending receipt of t…

(a) A lobbyist makes a contribution prohibited by Government Code section 85702 when any of the following occur: (1) The lobbyist mails, delivers or otherwise transmits to an elected state officer, a candidate for elective state office or the candidate's controlled committee, or …

When the Board makes a finding that a Material Inaccuracy occurred for a SFP Project, the district shall be subject to the following penalties: (a) If the Material Inaccuracy finding occurred prior to the apportionment, the district shall be: (1) Prohibited from self-certifying t…

If the Board has made a finding of Material Inaccuracy pursuant to Section 1859.104.1, the Board shall charge the district an amount of $100 per hour for the additional hours necessary to process and review the district's applications submitted during the timelines prescribed in …

(a) When the district has received funds pursuant to Section 1859.75.1, the Board shall conduct a review to assure the district has made progress towards acquisition of the site pursuant to Education Code Section 17072.13(c)(2). The review shall consist of an analysis of the dist…

When the district has received funds pursuant to Section 1859.74.5 for a district-owned site and has not submitted the certification required pursuant to Section 1859.104(d), the site apportionment is subject to the provisions of material inaccuracy as prescribed in Education Cod…

Upon adoption of the audit findings by the Board and in lieu of the collection procedures outlined in Education Code Section 17076.10(c)(1), a school district, county office of education, or Charter School may request a repayment schedule of up to twenty years, in equal annual in…

A funding application that received an apportionment under Chapter 12 or Chapter 12.5 may not be rescinded and re-approved under the provisions of any amended law or administrative regulation unless specifically authorized by other applicable law. A funding application, with the …

Joint-Use Project Grants shall be expended as set forth in Education Code Section 17072.35 with the exception of site acquisition, including lease of land. When a new site is necessary for a Type I Joint-Use Project, the district may request site acquisition costs under the quali…

A district seeking a Preliminary Apportionment pursuant to the provisions of Education Code Sections 17078.10 through 17078.30 for new construction shall complete and file a Form SAB 50-08.

The Board shall accept Preliminary Applications as follows: (a) A district seeking a Preliminary Apportionment from the funding made available from Education Code Section 100620(a)(5), shall complete and submit Form SAB 50-08 between November 6, 2002 and May 1, 2003. (b) A distri…

If the amounts of the Preliminary Applications received pursuant to Section 1859.141 exceed the funds available, the Board shall first apportion those Preliminary Applications that will house pupils from Source Schools with the highest pupil density levels. The calculation in (a)…

(a) A Preliminary Apportionment not converted or requested to be converted to a Final Apportionment shall be rescinded: (1) After one year from the date the Preliminary Apportionment was made unless the CDE has determined: (A) There is at least one approvable site for the project…

In the event the Board determines there is a fiscal emergency or crisis on the part of the State of California, the Board can make a finding that a project has an Inactive Preliminary Apportionment, as defined in Regulation Section 1859.2, that no longer meets the meaning of Prel…

A Charter School or School District may apply for a Preliminary Charter School Rehabilitation Apportionment by submittal of Form SAB 50-09 if all of the following requirements are met: (a) The application includes existing school buildings made available by a school district; and…

The Preliminary Charter School Rehabilitation Apportionment will be determined based on the eligible square footage included in the project. For purposes of the Preliminary Charter School Rehabilitation Apportionment, eligible square footage is defined as the total enclosed exter…

Funds Apportioned under the Charter School Facilities Program for Rehabilitation projects are to be used for work consistent with the definition of Charter School Facilities Program Rehabilitation. If the rehabilitation project includes reconfiguration of an existing building and…

When a Preliminary Charter School Apportionment is converted to a Final Charter School Apportionment, all the following criteria must be met: (a) The Final Charter School Apportionment request must meet all criteria on the Form SAB 50-04. (b) An applicant seeking to convert a Pre…

An applicant that has received a Preliminary Charter School Apportionment may request a single one-year extension of the time limit prescribed in Section 1859.166(a). The Board shall approve the request provided the criteria in (a) or (b) are met: (a) The applicant has provided e…

In the event the Board determines there is a fiscal emergency or crisis on the part of the State of California, the Board can make a finding that a project has an Inactive Preliminary Charter School Apportionment, as defined in Regulation Section 1859.2, that no longer meets the …

(a) With the exception of Charter School Preliminary Apportionments provided by the Board on February 23, 2005, the amount of the Final Charter School Apportionment will be based on the provisions of any amended or new regulations that are effective at the time the Form SAB 50-04…

The Board shall provide a New Construction Adjusted Grant to each eligible pupil requested in the project. The pupil grants may be requested by the School District at any grade level, regardless of the grade level of the eligible school. The maximum number of Overcrowding Relief …

An approved application for districts that have received Financial Hardship approval shall be substantially identical to that of non-financial hardship districts, with the exception of those districts proposing projects that require the use of condemnation proceedings to acquire …

An applicant seeking Career Technical Education Facilities Project funding pursuant to the provisions of Education Code Section 17078.72, shall complete and file Form SAB 50-10. An applicant may submit multiple Career Technical Education Facilities applications for different care…

The following Local Educational Agencies (LEA's) that meet the requirements of Section 14101(18)(A) or (B) of the federal Elementary and Secondary Education Act of 1965 may apply for FRP grants: (a) Public elementary, unified and high school districts that serve any combination o…

A charter school may be eligible to receive FRP grants through a qualifying LEA identified in Section 1859.203. Charter schools seeking FRP grants shall apply for FRP grants through the LEA that approved the school's charter. If the State Board of Education approved the school's …

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 o…

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 th…

The FRP applications will be audited to ensure that the expenditures incurred by the LEA were made in accordance with the provisions prescribed in Sections 1859.208, 1859.209, 1859.210 and 1859.211. When the OPSC receives the Expenditure Report, Form SAB 60-03 (New ½ ), it must n…

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.

Needs Assessment Grant funds remaining after the completion of the Needs Assessment must be used for repairs authorized in Section 1859.313(b) and must be used to supplement, not supplant, funds already available for routine, deferred, planned and scheduled maintenance, or emerge…

After the gross classroom inventory has been prepared pursuant to Section 1859.31, it will be reduced by the following. Any classrooms: (a) abandoned and approved for replacement as a hardship under the provisions of the LPP; (b) at a school operated on a year-round schedule that…

(a) In addition to any other funding authorized by these Regulations, the Board shall provide the grant amounts identified in Subsections (b) or (c), as applicable, if all the following are met: (1) The project meets the mandatory measures of the California Green Building Standar…

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 …

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 …

With the exception of projects that received site acquisition funds under the LPP, the Board shall provide funding, in addition to any other funding authorized by these Regulations for the allowable costs of hazardous materials/waste removal and/or remediation costs. The allowabl…

After review of a Form SAB 61-04, projects that require a Grant Adjustment will be presented to the Board for approval based upon one of the following review determinations: (a) If the expenditures are less than the Grant, the Grant will be deemed the full and final apportionment…

All interest earned on ERP Grant funds provided pursuant to Section 1859.324 shall be: (a) Applied to eligible project costs for the project, as approved by the SAB, and pursuant to Section 1859.323; or (b) Returned to the State.

The district shall identify by grade level, based on its most typical use for grades K-6, 7-8 or 9-12, or non-severe or severe Special Day Class education, each classroom included in the classroom inventory determined pursuant to Section 1859.31 and not excluded pursuant to Secti…

A district utilizing a fifth-year enrollment projection pursuant to Section 1859.42(a), except when reporting on a HSAA or Super HSAA basis pursuant to Section 1859.41.1(b), may supplement the enrollment projection with any of the following: (a) The number of pupils as reported b…

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 det…

For any pupils that were reduced from the district's New Construction Eligibility in accordance with Section 1859.51(i) due to the construction contract being signed prior to the submission of the Approved Application, the district may request an increase to the new construction …

Pursuant to Subdivision (d) of Education Code Section 17072.12, a cost benefit analysis must be made to determine if it is more economical to utilize the existing district-owned site currently used for a non-school function as a school site rather than acquire an alternative site…

(a) A district is eligible for a separate apportionment for site acquisition even if it does not meet the financial hardship criteria contained in Section 1859.81with the exception of qualifying projects pursuant to the Overcrowding Relief Grant, Section 1859.180, when all the fo…

In addition to any other funding authorized by these Regulations, the Board shall provide funding equal to 50 percent of the following approved site development and applicable design costs: (a) Service site development cost, within school property lines for: (1) Site clearance in…