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Subgroup 5.5. Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program). Definitions   

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For the purpose of these regulations, the terms set forth below shall have the following meanings, subject to the provisions of the Act:

Academic Achievement means to improve one's ability to engage in academic endeavors and to accomplish study in core curriculum areas such as reading, writing, mathematics, fine arts, science, vocational education, technology, history or social science.

Act means the Leroy F. Greene School Facilities Act of 1998.

Adjacent means the HSAAs that will make up the Super HSAA are adjoining, touching, or share a common geographical boundary.

Alternative District Owned Site means a district owned site that is deemed available for the project by the California Department of Education.

Alternative Education means community day, county community, county community day, and continuation high schools.

Alternative Enrollment Projection means a calculation of projected enrollment by eligible school districts as authorized by Education Code Section 17071.75(a)(1).

Application means a request pursuant to the Act to receive an eligibility determination and/or funding for a school project.

Applications Received Beyond Bond Authority List means an informational list of applications submitted to the Office of Public School Construction (OPSC) and presented to the Board. Funding applications placed on this list contain the preliminary grant amounts requested by a district. The OPSC has not determined that the Approved Application(s) are Ready for Apportionment.

Apportionment shall have the meaning set forth in Education Code Section 17070.15(a).

Approved Application(s) means a district has submitted the application and all documents to the Office of Public School Construction that are required to be submitted with the application as identified in the General Information Section of Forms SAB 50-01; SAB 50-02; SAB 50-03; and SAB 50-04, as specified in Section 1859.2.

Approved Application for Career Technical Education Facilities Project Funding means an applicant has submitted an Application for Career Technical Education Facilities Funding, Form SAB 50-10, including all required supporting documents as identified in the General Information Section of that Form, to the OPSC and the OPSC has accepted the application for processing.

Approved Application for Joint-Use Funding means a district has submitted an Application for Joint-Use Funding, Form SAB 50-07, including all required supporting documents as identified in the General Information Section of that Form, to the OPSC and the OPSC has accepted the application for processing.

Attendance Area shall have the meaning set forth in Education Code Section 17070.15(b).

Authority shall have the meaning set forth in Education Code Section 17078.52(d)(1).

Board means the State Allocation Board as established by Section 15490 of the Government Code.

Bond Authority means the authority of the Board to Apportion bond funds pursuant to Education Code Section 17070.40.

Career Technical Education Facilities Project means a project approved by the Board pursuant to Education Code Section 17078.72.

CBEDS Report means the enrollment information provided through the California Basic Educational Data System (CBEDS) by school districts to the CDE.

California Department of Education (CDE) means the offices within that department that have responsibility for school facilities matters.

CDE Source School List means a list developed and published by the CDE that identifies districts and Critically Overcrowded Schools pursuant to Education Code Section 17078.18(c).

Certification means the act of affirmatively representing, asserting or verifying circumstances, data or information as required by the Act or this subgroup.

Charter School shall mean a school established pursuant to Education Code, Title 2, Division 4, Part 26.8, Section 47600, et seq.

Charter School Agreements mean a memorandum of understanding, a funding agreement and a use agreement as established by the California School Finance Authority (CSFA).

Charter School Facilities Program Rehabilitation shall mean work that includes, but will not be limited to, structural changes or other types of work on an existing district facility that extends the useful life of or enhances the physical environment of the school, and as provided in Education Code Section 17078.58(a).

Charter School Facilities Program Rehabilitation Grant means the amount provided pursuant to Section 1859.167.1(a).

Charter School Facility Account means the fund for new construction Charter School projects authorized by Education Code Sections 100620(a)(1)(A), 100820(a)(1)(A) and 101012(a)(2).

Charter School General Location shall mean a minimum of a one mile radius to a maximum of a three mile radius from the present or proposed location of the Charter School project as identified in the chartering agreement.

Childcare means any program that is operated less than 24-hours per day, in which non-medical, licensed care and supervision are provided to children in a group setting.

Class B Construction Cost Index is a construction factor index for structures made of reinforced concrete or steel frames, concrete floors, and roofs, and accepted and used by the Board.

Classroom means a teaching station that has the same meaning as the term used in Education Code Section 17071.25(a)(1).

Classroom-Based Instruction shall have the meaning set forth in Education Code Section 47612.5(e)(1).

Classroom Provided means a classroom acquired by lease, lease-purchase, or purchase for which a contract has been signed for the construction or acquisition of the classroom.

Committee shall have the meaning set forth in Education Code Section 17070.15(d).

Conversion Increase Fund shall be the fund in either the 2002 or 2004, as appropriate, Charter School Facilities Accounts to set aside Preliminary Charter School Apportionment amounts rescinded on or before April 25, 2007, for a Final Charter School Appointment, pursuant to Section 1859.167.

County Fund shall have the meaning set forth in Education Code Section 17070.15(e).

Critically Overcrowded School (COS) means a school that has a pupil population density greater than 115 pupils per useable acre in grades Kindergarten through six, or a pupil population density greater than 90 pupils per useable acre in grades seven through twelve based on the 2001 CBEDS enrollment.

Current Replacement Cost means $346.60 per square foot for Toilet Facilities and $192.60 per square foot for all other spaces. The amounts shown will be adjusted annually in the manner prescribed in Section 1859.71.

Date of Occupancy means the date the grant deed is recorded with the County Recorder's Office.

Demographic Research Unit (DRU) means this office within the California Department of Finance.

Department shall have the meaning set forth in Education Code Section 17070.15(f).

District Representative means a member of a school district staff or other agent authorized to serve as District Representative to execute and file an application with the Board on behalf of the district and/or act as liaison between the Board and the district.

Division of the State Architect (DSA) means the State office within the Department of General Services that reviews school building plans and specifications for structural, fire safety and access compliance.

Elementary School Pupil means a student housed in a school serving Kindergarten through sixth grade, or any combination of Kindergarten through sixth grade.

Encumbered for Specific Purposes means a commitment of funds by the school district to meet a legally binding obligation.

Energy Audit means an energy analysis and report which sets forth the utility savings that could be generated if the proposed project was designed, constructed, and equipped with energy efficiency and renewable technologies that would make the proposed project exceed the minimum building energy-efficiency standards mandated for new public buildings pursuant to the applicable California Building Standards Code.

Energy Efficiency Account means the funds set aside by the Board for purposes of Education Code Section 17077.35.

EnergyPro 3.1 means a computer program approved by the State Energy Resources Conservation and Development Commission that calculates energy efficiency standards.

Environmental Hardship means the State funding for site acquisition as authorized by Section 1859.75.1.

Excessive Cost Hardship Grant means the funding provided by Section 1859.83.

Executive Officer means the individual appointed by the Governor to direct the Office of Public School Construction, and who concurrently serves as Executive Officer to the Board.

Existing School Building Capacity means the district's total capacity to house pupils as calculated pursuant to Sections 1859.30 through 1859.33.

Existing School Site for purposes of Joint-Use, means real property that has a public school with any grades K-12 and that has at minimum administration and classroom facilities for any grades K-12 and has been assigned a county district school (CDS) code, which meets the criteria of Regulation Section 1859.23.

Extra Cost means the added costs to complete a Type II Joint-Use Project as determined in Section 1859.125.1.

Facility means all or a portion of any real property, site improvements, utilities and/or buildings or other improvements contained in the project.

Facility Hardship means new or replacement facilities authorized by Section 1859.82(a) or (b).

Facility Hardship Square Footage Grant means the grant per square foot provided for Facility Hardship replacement facilities pursuant to Sections 1859.82(a) or (b), excluding additional grants provided under Section 1859.82(a) and (b).

Field Act Facility means a school building meeting the requirements contained in Education Code Section 17280, et seq.

Final Apportionment means an apportionment made pursuant to Education Code Section 17070.15 by submittal of an application pursuant to Section 1859.21.

Final Apportionment Unfunded List means a list of projects where the entire Final Apportionment request was not converted to a Final Apportionment.

Final Charter School Apportionment shall mean a Preliminary Charter School Apportionment that has been converted to a Final Charter School Apportionment in accordance with Section 1859.165.

Financial Hardship means State funding for all or a portion of the district's matching share required by Section 1859.77.1 or 1859.79.

Financially Sound shall have the meaning set forth in Education Code Section 17078.52(c)(4) and California Code of Regulations, Title 4, commencing with Section 10151, et seq.

Form SAB 50-01 means the Enrollment Certification/Projection, Form SAB 50-01 (Revised 05/09) and, when utilizing HSAA residency reporting, the High School Attendance Area Residency Reporting Worksheet (New 06/08), which are incorporated by reference.

Form SAB 50-02 means the Existing School Building Capacity, Form SAB 50-02 (Revised 12/10), which is incorporated by reference.

Form SAB 50-03 means the Eligibility Determination, Form SAB 50-03 (Revised 12/10), which is incorporated by reference.

Form SAB 50-04 means the Application For Funding, Form SAB 50-04 (Revised 05/14), which is incorporated by reference.

Form SAB 50-05 means the Fund Release Authorization, Form SAB 50-05 (Revised 01/13), which is incorporated by reference.

Form SAB 50-06 means the Expenditure Report, Form SAB 50-06 (Revised 12/10), which is incorporated by reference.

Form SAB 50-07 means the Application for Joint-Use Funding, Form SAB 50-07 (Revised 12/11), which is incorporated by reference.

Form SAB 50-08 means the Application for Preliminary Apportionment, Form SAB 50-08 (Revised 12/11), which is incorporated by reference.

Form SAB 50-09 means the Application for Charter School Preliminary Apportionment, Form SAB 50-09 (Revised 05/14), which is incorporated by reference.

Form SAB 50-10 means the Application for Career Technical Education Facilities Funding, Form SAB 50-10 (Revised 04/12), which is incorporated by reference.

Form SAB 50-11 means the Overcrowding Relief Grant District-Wide Eligibility Determination, Form SAB 50-11, (New 02/07), which is incorporated by reference.

Fund shall have the meaning set forth in Education Code Section 17070.15(g).

General Location means the proposed location of a new school as set forth in Education Code Section 17078.22 and Section 1859.142.

General Site Development means on-site hard surfaced areas for foot traffic, driveways, walks, parking, curbs and gutters; outdoor instructional play facilities such as turfed or paved areas, permanent playground equipment, outdoor places of assembly, tennis/handball courts, running tracks and baseball, football and soccer fields; applicable landscaping of building frontages and outdoor facilities noted above.

Government Agency shall include but is not limited to a public entity as defined in Government Code Section 7260(a) including California federally recognized or historically established tribal governments.

Hazardous Material/Waste Removal Fund shall mean the fund established pursuant to Section 1859.163.3, in order to set aside funding at the time Preliminary Charter School Apportionments are approved by the Board for hazardous material waste removal that will be provided at the Final Charter School Apportionment when actual costs are known.

High Performance Base Incentive Grant means the $150,000 State share portion of the high performance incentive grant provided as part of a New Construction Adjusted Grant for a new school, or the $250,000 State share portion of the high performance incentive grant provided as part of a New Construction Adjusted Grant for an addition to an existing site or a Modernization Adjusted Grant.

High Performance Rating Criteria (HPRC) means the standard used to evaluate the costs of designs and materials that promote high performance schools. The HPRC will be using the Collaborative for High Performance Schools (CHPS) rating criteria model as identified in the CHPS Best Practices Manual Volume III 2002 Edition and 2006 Edition, and 2009 CA-CHPS Criteria, as incorporated by reference. For the purposes of the SFP, the HPRC contained in these regulations have been modified to focus on facility related components.

High Performance School Account means the funds set aside by the Board for purposes of Education Code Section 101012(a)8.

High School Attendance Area (HSAA) means an attendance area that serves a currently operated high school, other than a continuation school or a community school.

High School District means a school district that serves any combination of grades seven through twelve exclusively.

High School Pupil means a student in a school serving ninth through twelfth grade or any combination of ninth through twelfth grade.

Higher Education means an entity that is a public community college; a public college; a public university; or a non-profit/accredited organization of higher education.

In Escrow, Governmental Entities means the approval and signature of instrument(s) that will convey a specified school parcel or site from the public/government entity including the federal government for a determinable sum, and for a determinable date of acquisition which may be based on the district's receipt of funding from the State.

Inactive Preliminary Apportionment means an apportionment for a project, based on a finding by the SAB, that meets all of the following criteria: 1) received a Preliminary Apportionment prior to December 17, 2008; 2) A complete request to convert a Preliminary Apportionment to a Final Apportionment has not been made; 3) the time limit under Education Code Section 17078.25(a) or (b) will expire on or after December 17, 2008.

Inactive Preliminary Charter School Apportionment means an apportionment for a project, based on a finding by the SAB, that meets all of the following criteria: 1) received a Preliminary Charter School Apportionment prior to December 17, 2008; 2) A complete request to convert a Preliminary Charter School Apportionment to a Final Charter School Apportionment has not been made; 3) the time limit under Education Code Sections 17078.25(a) or (b) and 17078.52(c)(3) will expire on or after December 17, 2008.

In Escrow, Non-Governmental Entities means the deposit of signed instrument(s) and/or funds with instructions with a title company or escrow agent to carry out the provisions of an agreement or contract to acquire a specified school parcel or site for a determinable sum, and for a determinable date of acquisition which may be based on the district's receipt of funding from the State.

Inactive Apportionment means an apportionment made to a project, based on a finding by the SAB, that meets all of the following criteria: 1) received a SAB apportionment prior to December 17, 2008; 2) State bond funds have not been released for that apportionment; and, 3) the time limit under Education Code Section 17076.10(d) will expire on or after December 17, 2008.

Inadequate means, for purposes of Joint-Use Projects, the square footage of the existing facility is less than 60 percent of the square footage entitlement shown in the Chart in Section 1859.124.1.

Independent Audit means an examination and report of the district's accounts by a certified public accounting firm.

Individual with Exceptional Needs shall have the meaning set forth in Education Code Section 56026 as further defined and classified in 34 Code of Federal Regulations Part 300.5.

Instrument means a written, legally enforceable agreement, approved and signed by all parties to the escrow, for the conveyance to the district of real estate for a specified parcel or site, that includes a compensation clause and either a purchase option agreement, a purchase agreement, promissory note, lease agreement, installment sales contract, gift, or other real estate conveyance valid in the State of California for property conveyed from a public/government entity, including the federal government.

Insufficient Bond Authority means the total funding requested on the Approved Application received by the OPSC exceeds the Bond Authority.

Interim Housing means the rental or lease of classrooms used to house pupils temporarily displaced as a result of the modernization of classroom facilities.

Joint-Use Project means a project approved by the Board pursuant to Education Code Sections 17050, 17051, or 17077.40.

Joint-Use Partner(s) means an entity or entities that has entered into a joint-use agreement pursuant to the provisions of Education Code Section 17077.42.

Labor Compliance Program (LCP) shall be as described in subdivision (b) of Labor Code Section 1771.5 and approved by the Department of Industrial Relations (DIR).

Large Charter School shall be defined as a school in which the enrollment is greater than 351 pupils, based on the latest available CBEDS report or if a CBEDS report is unavailable, the registration list for the Charter School may be used.

Lease-Purchase Program (LPP) means the Leroy F. Greene State School Building Lease-Purchase Law of 1976, commencing with Education Code Section 17000.

Linear Regression means a mathematical procedure for finding the best fitting line to a given set of data-points by minimizing the difference between the actual data points and the regressed data points shown on the line.

Low-income shall be the percentage of pupils deemed eligible for free/reduced lunch as identified in the most recent Free and Reduced Price Meals data on file at the CDE. The data on file with CDE shall be determined to be the information collected for the month of October, and any errors and omissions amendments to that information for that time period that have been received and approved by the CDE.

Major Maintenance shall have the meaning set forth in Education Code Section 17070.77(b).

Material Inaccuracy means any falsely certified eligibility or funding application related information submitted by school districts, architects or other design professionals that allowed the school district an advantage in the funding process.

Median Cost means, for purposes of a Preliminary Apportionment, the middle number in a given sequence of property value numbers, or the average of the middle two property value numbers when the given sequence of property value numbers has an even number of numbers.

Medium Charter School shall be defined as a school with an enrollment of 176 pupils to 350 pupils, based on the latest available CBEDS report or if a CBEDS report is unavailable, the registration list for the Charter School may be used.

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.

Middle School Pupil means a student in a school serving sixth through eighth grade, or seventh and eighth grades.

Modernization shall have the meaning set forth in Education Code Section 17070.15(f) for purposes of projects subject to Subgroup 5.5, Article 2, commencing with Section 1859 or Education Code Section 17021 under the Lease-Purchase Program.

Modernization Adjusted Grant means the Modernization Grant, plus any other funding provided by these Regulations.

Modernization Grant means the funding provided pursuant to Education Code Section 17074.10(a) and Sections 1859.78, 1859.78.3, 1859.78.6, and 1859.78.8.

Modernization Eligibility means the result of the calculation contained in either Option A or B of the Form SAB 50-03.

Most Vulnerable Category 2 Buildings means the building meets the criteria outlined in Section 1859.82(a)(1)(C) and is one of the following building types:

C1 - Concrete Moment Frame,

C1B - Reinforced Concrete Cantilever Columns with Flexible Diaphragms,

C2A - Concrete Shear Wall with Flexible Diaphragms,

C3A - Concrete Frame with Infill Masonry Shear Walls and Flexible Diaphragms,

PC1 - Precast/Tilt-up Concrete Shear Wall with Flexible Diaphragms,

PC1A - Precast/Tilt-up Concrete Shear Wall with Rigid Diaphragms,

PC2A - Precast Concrete Frame without Concrete Shear Walls and with Rigid Diaphragms,

PC2 - Precast Concrete Frame and Roofs with Concrete Shear Walls,

URM - Unreinforced Masonry Bearing Wall Buildings,

RM1 - Reinforced Masonry Bearing Wall with Flexible Diaphragms,

URMA - Unreinforced Masonry Bearing Wall with Rigid Diaphragms,

S1B - Steel Cantilever Columns with Flexible Diaphragm,

S3 - Steel Light Frame Metal Siding and/or Rod Bracing, or

M - Mixed construction containing at least one of the above structures types.

Multipurpose/Gymnasium Hybrid means a single facility that is comprised of both a multipurpose room and a gymnasium that share common space for purposes of Section 1859.77.3. The facility must be identified as a Multipurpose/Gymnasium Hybrid by the California Department of Education.

Multi-Track Year-Round Education (MTYRE) means a school education program in which the students are divided into three or more groups on alternating tracks, with at least one group out of session, and the other groups in session during the same period.

New Construction Adjusted Grant means the New Construction Grant, plus any other funding provided by these Regulations.

Net School Building Capacity means the capacity of a school building to house pupils after excluding the pupils housed in a Classroom which was demolished and replaced in the project and, for schools operating on a multi-track year-round education calendar as defined in Education Code Section 42260(d)(1), after including the maximum enrollment attending the school at one time.

New Construction Eligibility means the result of the calculation determined in Education Code Section 17071.75.

New Construction Grant means the funding provided pursuant to Education Code Section 17072.10(a) and Sections 1859.71 and 1859.71.1.

Nonclassroom-Based Instruction shall have the meaning set forth in Education Code Section 47612.5 (d)(1) and (e)(2).

Non-Profit Entity means an entity that is organized and operated for purposes of not making a profit under the provisions of the federal Internal Revenue Code Section 501(c)(3), or is organized as/operated by a nonprofit public benefit corporation, pursuant to State Corporations Code, Title 1, Division 2, Part 2, Section 5110, et seq.

Non-Profit Organization as used in this section and for the purposes of the Joint-Use Program, means an entity that is organized and operated for purposes of not making a profit under the provisions of the Revenue and Taxation Code and further meets the requirements set forth below:

1. Other than a School District passing a local bond, under Section 1859.127 herein, the source of funds being contributed by the Non-Profit Organization Joint-Use Partner, must be independent of the partner School District, and

2. The Non-Profit Organization must be a recognized nationally chartered organization. If the partner is not a nationally chartered non-profit organization, then it must have an independence in governance, which for purposes of this section shall be defined as the Non-Profit Organization and School District having no more than one common board member, ex-officio board member, officer, management or staff irrespective of whether voting or non-voting and whether employee, contractor, or agent. These restrictions will only apply to the extent that the employee, contractor or agent has managerial authority on one or both entities. For purposes of this section, a recognized nationally charted organization is a non-profit organization which is recognized by the Office of Public School Construction or the State Allocation Board as operating on a national basis and having charters issued by a national headquarter or governing body, and

3. The Non-Profit Organization must operate programs or services, aside from programs or services for the School District, for the community and pay for the additional ongoing operational costs or program services associated with the joint-use purposes and/or a minimum of 25 percent of an eligible Joint-Use Project facility's cost.

Non-Severely Disabled Individual with Exceptional Needs means an individual with exceptional needs not defined in Education Code Section 56030.5 but included in 34 Code of Federal Regulations Part 300.8.

Occupancy means the point at which pupils occupy a classroom as evident by district documents such as the school board's adopted calendar, classroom attendance rosters, fire marshal approval of the classroom, etc.

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 Act on behalf of the Director.

Overcrowded School District for purposes of determining preference points is any district that demonstrates eligibility in excess of two percent of their unhoused pupils.

Overcrowding Relief Grant (ORG) means the funding provided pursuant to Education Code Section 17079, et seq.

Overcrowding Relief Grant Eligibility Determination means the form that is submitted to the California Department of Education for purposes of determining whether a school site is eligible for Overcrowding Relief Grant funding and the maximum number of pupils that are eligible to receive funding at a school site.

Overcrowding Relief Grant Pupil Eligibility means the result of the calculation determined in Section 1859.182(a).

Permanent Area means any area not included in a portable classroom.

Permanent Classroom means any classroom not meeting the definition of portable classroom.

Phase C Approval means the construction approval by the Board under the Lease-Purchase Program.

Phase One Environmental Site Assessment (POESA) shall have the meaning set forth in Education Code Section 17210(g).

Phase P Approval means the planning approval by the Board under the Lease-Purchase Program.

Phase S Approval means the site approval by the Board under the Lease-Purchase Program.

Piggyback Contract means a contract for acquisition of personal property, without advertising for bids, as authorized by Public Contract Code Section 20118.

Portable Classroom shall have the meaning set forth in Education Code Section 17070.15(k).

Preliminary Application means the district has submitted Form SAB 50-08, including all documents that are required to be submitted with the application as identified in the General Instructions Section of that Form to the OPSC and the OPSC has accepted the application for processing.

Preliminary Apportionment means an apportionment made pursuant to Education Code Section 17078.10(c).

Preliminary Charter School Application means a district filing on behalf of a Charter School or the Charter School submitting directly on Form SAB 50-09, including all supporting documents as identified in the General Instructions Section of that Form submitted to the OPSC and the OPSC has accepted the application for processing.

Preliminary Charter School Apportionment means an apportionment made pursuant to Education Code Section 17078.52(c)(3).

Preliminary Endangerment Assessment (PEA) shall have the meaning set forth in Education Code Section 17210(h).

Preliminary Plans means a set of architectural drawings not approved by the DSA that provide a preliminary design.

Priority One shall have the meaning set forth in Education Code Section 17017.7(a)(1).

Priority Two shall have the meaning set forth in Education Code Section 17017.7(a)(2).

Project Information Worksheet means the Project Information Worksheet (Revised 05/10), which is incorporated by reference.

Property shall have the meaning set forth in Education Code Section 17070.15(g).

Proposition 1A means the Initiative Measure (Prop. 1A) enacted by passage at the November 4, 1998 general election.

Proposition 1 D means the Kindergarten-University Public Education Facilities Bond Act of 2006.

Proposition 39 means the Initiative Measure (Prop. 39) enacted by passage at the November 7, 2000 general election which amended Sections 15102, 15106, 35233, and 72533 and added Chapter 1.5 (commencing with Section 15264) to Part 10, of the Eduction Code, and added applicable sections of the California Constitution relating to passage of local school bonds with a 55 percent vote of the electorate at a primary or general election, a regularly scheduled local election, or a statewide special election.

Proposition 47 means the Kindergarten-University Public Education Facilities Bond Act of 2002.

Proposition 55 means the Kindergarten-University Public Education Facilities Bond Act of 2004.

Pupil means a student enrolled in any grade Kindergarten through grade twelve.

Qualifying Pupils means enrollment in excess of 86 pupils per useable acre for Kindergarten through sixth grade or 68 pupils per useable acre for grades seven through twelve.

Quarterly Basis means a three-month period commencing on January 1, April 1, July 1 and October 1 of each calendar year.

Ready for Apportionment means a final review of an Approved Application has been completed by the OPSC and it has been determined that it meets all requirements of law for an apportionment or eligibility determination, and the OPSC will recommend approval to the Board.

Reconfigure for the purposes of the Career Technical Education Facilities Program means remodeling an existing school building within its current confines and/or the expansion of the square footage of the existing building.

Reconfigure for the purposes of the Joint-Use program means remodeling an existing school building within its current confines and/or the expansion of the square footage of the existing building and any necessary replacement of displaced classrooms or other minimum essential facilities.

Region One shall consist of the following counties: Alpine, Amador, Butte, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, and Yuba.

Region Two shall consist of the following counties: Alameda, Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Stanislaus, Tulare, and Tuolumne.

Region Three shall consist of the following counties: Los Angeles, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura.

Region Four shall consist of the following counties: Imperial, Orange, Riverside, and San Diego.

Rehabilitation Cost means health and safety mitigation cost that is less than 50 percent of the Current Replacement Cost of the facility.

Relocation/DTSC Fee Fund shall mean the fund established pursuant to Section 1859.163.3, in order to set aside funding at the time Preliminary Charter School Apportionments are approved by the Board for relocation expenses and/or DTSC fees that will be provided at the Final Charter School Apportionment when actual costs are known.

Remedial Action Plan (RAP) means a plan approved by the Department of Toxic Substances Control (DTSC) pursuant to Health and Safety Code Section 25356.1.

Resolution of Necessity means a school board resolution to acquire property by eminent domain as requireed by California Code of Civil Procedure section 1245.220.

Resource Specialist Program means pupils that meet the definition of Non-Severely Disabled Individual with Exceptional Needs as defined in Section 1859.2 that are not enrolled in a special day class.

Response Action (RA) means the removal of hazardous materials and solid waste, the removal of hazardous substances, and other remedial actions in connection with hazardous substances at the site.

Restricted Charter School Fund means the funds in the 2002 (or 2004, as appropriate) Charter School Facility Account approved for a Preliminary Charter School Apportionment.

Restricted Fund means the funds in the 2002 (or 2004, as appropriate) Critically Overcrowded School Facilities Account approved for a Preliminary Apportionment(s).

Rural Area shall be a school with a locale code of 41, 42 or 43 as classified by the National Center for Education Statistics (NCES).

School Building Capacity shall have the meaning set forth in Education Code Section 17070.15(l).

School District shall have the meaning set forth in Education Code Sections 17070.15(m) and 17073.25.

School Facilities Improvement District means a legal entity authorized by Education Code Section 15300, to generate school facilities funding.

School Facility Program (SFP) means either the new construction or modernization programs implemented under the Act, by these Subgroup 5.5 regulations.

SFP New Construction Account means the fund for new construction projects authorized by Education Code Sections 100620(a)(1) and 100820(a)(1).

Secondary School Pupil means a student in the seventh through the twelfth grade.

Section means a section in these Subgroup 5.5 regulations.

Seismic Rehabilitation Grant means a grant allowable under Education Code Section 17075.10(a) and (b)(2) and Section 1859.82(a)(1)(A) 2, excluding additional grants.

Service Region means one of the eleven service regions of the California County Superintendents Educational Services Association.

Severely Disabled Individual with Exceptional Needs means an individual with exceptional needs as defined in Education Code Section 56030.5.

Small Charter School shall be defined as a school with an enrollment of not more than 175 pupils, based on the latest available CBEDS report or if a CBEDS report is unavailable, the registration list for the Charter School may be used.

Small School District means a school district with current districtwide enrollment reported in Part A, the continuation high pupils reported in Part C, and the Special Day Class pupils reported in Part D on the latest Form SAB 50-01, used to determine or adjust the district's baseline eligibility pursuant to Sections 1859.50 and 1859.51 or submitted separately to the OPSC, that is 2,5000 or less.

Source School means a Critically Overcrowded School included on the CDE Source School List that has Qualifying Pupils.

Special Day Class means a class that has pupils enrolled that are individuals with exceptional needs.

Square Footage means the enclosed area measured from the outside face of exterior structural walls of the building. For interior areas or portions of building areas, the enclosed area shall be measured from the centerline of the interior demising wall.

Student Yield Factor means the number of students each dwelling unit will generate for purposes of an enrollment augmentation.

Substantial Enrollment Requirement (SER) means a district that is operating on a Multi-Track Year- Round Education basis pursuant to Education Code Sections 17017.6 and 17017.7(c).

Suburban Area shall be a school with a locale code of either 21, 22, 23, 31, 32 or 33 as classified by the NCES.

Super High School Attendance Area (Super HSAA) means two or more HSAAs that are adjacent to each other.

Teacher Education means courses for credential programs or enhancement courses that are professional growth courses for elementary, secondary, higher education and special education instructors.

Toilet Facilities means restroom area, shower/locker area or physical therapy area for Individuals with Exceptional Needs.

Total Projected Bond Apportionment means the total State bond funds to be apportioned for the project, including any Financial Hardship apportionment pursuant to Section 1859.81, any funds authorized by the Authority pursuant to Section 1859.168, and any funds provided pursuant to Section 1859.194, but excluding the prevailing wage monitoring and enforcement costs grant amount provided pursuant to Section 1859.71.4(c), 1859.78.1(b) or 1859.167.2(b).

Type I Joint-Use Project means a project that meets the criteria of Education Code Section 17077.40(b)(1).

Type II Joint-Use Project means a project that meets the criteria of Education Code Section 17077.40(b)(2).

Unfunded List means an information list of unfunded projects, with the exception of the unfunded list defined below as Unfunded List (Lack of AB 55 Loans).

Unfunded List (Lack of AB 55 Loans) means an information list of unfunded projects that was created due to the State's inability to provide interim financing from the Pooled Money Investment Account (AB 55 loans) to fund school construction projects as declared in the Department of Finance Budget Letter #33 issued on December 18, 2008.

Unrestricted Charter School Fund means the funds in the appropriate Charter School Facility Account not approved for a Preliminary Charter School Apportionment(s).

Unrestricted Fund means the funds in the 2002 (or 2004, as appropriate) Critically Overcrowded School Facilities Account not approved for a Preliminary Apportionment(s).

Urban Area shall be as a school with a locale code of 11, 12 or 13 as classified by the NCES.

Useable Acres means the gross acreage of a school site less any portion of the site publicly dedicated for off-site street improvements and any portion of the site not available for school purposes as determined by the CDE because of topological impediments or because of other unique circumstances.

Zone Improvement Project (ZIP) Code means the area as determined by the United States Postal Service.

Authority cited:

Education Code 17070.35

Education Code 17078.64

Reference:

Education Code 17009.5

Education Code 17017.6

Education Code 17017.7

Education Code 17021

Education Code 17047

Education Code 17050

Education Code 17051

Education Code 17070.15

Education Code 17070.51(a)

Education Code 17070.71

Education Code 17070.77

Education Code 17071.10

Education Code 17071.25

Education Code 17071.30

Education Code 17071.33

Education Code 17071.35

Education Code 17071.40

Education Code 17071.75

Education Code 17071.76

Education Code 17072.10

Education Code 17072.12

Education Code 17072.18

Education Code 17072.33

Education Code 17073.25

Education Code 17074.10

Education Code 17074.30

Education Code 17075.10

Education Code 17075.15

Education Code 17077.40

Education Code 17077.42

Education Code 17077.45

Education Code 17078.52

Education Code 17078.56

Education Code 17078.72(k)

Education Code 17079

Education Code 17079.10

Education Code 17280

Education Code 56026

Education Code 101012(a)(8)

Government Code 53311

Labor Code 1771.3

Labor Code 1771.5

(Amended by Register 2014, No. 51.)

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