Cal. Code Regs. tit. 2 § 1860.2
For the purpose of these Subgroup 5.8 regulations, the terms set forth below shall have the following meanings:
"Application" means a request pursuant to the Program to apply for grant funding for a school project.
"Apportionment" means a reservation of funds by the Board for the purpose of funding Approved Applications for New Construction or Retrofit to an applicant school district.
"Approved Application" means a School District has submitted a Form SAB 70-01 and all documents to the Office of Public School Construction (OPSC) that are required to be submitted with the Form SAB 70-01 as identified in the Specific Instructions Section of Form SAB 70-01.
"Board" means the State Allocation Board as established by Section 15490 of the Government Code.
"CALPADS" means the enrollment information provided through the California Longitudinal Pupil Achievement Data System data as reported to the California Department of Education.
"California Department of Education (CDE)" means the offices within that department that have responsibility for school facilities matters.
"Certification" means the act of affirmatively representing, asserting or verifying circumstances, data or information as required by the Program or this subgroup.
"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 was constructed or reconstructed to serve as an area in which to provide pupil instruction but shall not include portable buildings unless it is an existing classroom that is being retrofitted but not replaced.
"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.
"County Fund" means the fund established in the county treasury within each county for each school district in the county.
"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 a 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.
"Encumbered for Specific Purposes" means a commitment of funds by the school district to meet a legally binding obligation.
"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.
"Facility" means all or a portion of any real property, site improvements, utilities and/or buildings or other improvements contained in the project.
"Field Act Facility" means a school building meeting the requirements contained in Education Code Section 17280, et seq.
"Financial Hardship" means State funding for all or a portion of the district's matching share required by Section 1860.11 and 1860.13.
"Form SAB 70-01" means the Application for Funding, Form SAB 70-01 (Rev. 09/23), which is incorporated by reference.
"Form SAB 70-02" means the Fund Release Authorization, Form SAB 70-02 (Rev. 09/23), which is incorporated by reference.
"Form SAB 70-03" means the Expenditure Report, Form SAB 70-03 (Rev. 09/23), which is incorporated by reference.
"Full-Day Kindergarten Classroom" means a teaching station that meets the design requirements required for new kindergarten classrooms as specified in paragraph (2) of subdivision (h) of Section 14030 of Title 5 of the California Code of Regulations.
"Full-Day Kindergarten Program" means an early primary program that exceeds four hours, exclusive of recesses, and meets the conditions of EC Section 8973.
"Fund" means the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Account established pursuant to Education Code Section 17375(a).
"Governmental 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.
"Grant Agreement" means Grant Agreement (Rev. 09/23), for the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program, which is incorporated by reference.
"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 School District's receipt of funding from the State.
"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 School District's receipt of funding from the State.
"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.
"Interim Housing" means the rental or lease of classrooms used to house pupils temporarily displaced as a result of the retrofit of classroom facilities.
"Low Income" shall be the percentage of pupils deemed eligible for Free and Reduced Price School Meals as identified in the Free and Reduced Price School 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, prior to application submittal, and any errors and omissions amendments to that information for that time period that have been received and approved by the CDE.
"New Construction" means a construction project to adequately house kindergarten pupils in an approved project, which shall include the costs of design, engineering, testing, inspections, plan checking, construction management, site acquisition and development, evaluation and response action costs relating to hazardous substances at a new or existing school site, demolition, construction, landscaping, necessary utility costs, utility connections and other related fees, equipment including telecommunication equipment to increase school security, furnishings, the upgrading of electrical systems, and the wiring or cabling of classrooms in order to accommodate educational technology.
"New Construction Grant" means the funding provided pursuant to EC Section 17375(f)(1) and Sections 1860.9 through 1860.10.3.
"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 Program on behalf of the Director.
"Part-Day Kindergarten Program" means an early primary program that does not exceed four hours, exclusive of recesses, pursuant to EC Section 46111.
"Phase One Environmental Site Assessment (POESA)" means a preliminary assessment of a property to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the property and the area in its vicinity. A Phase One Environmental Site Assessment shall meet the most current requirements adopted by the American Society for Testing and Materials (ASTM) for Standard Practice for Environmental Site Assessments: Phase One Environmental Site Assessment Process or meet the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations. That ASTM Standard Practice for Environmental Site Assessments or the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations shall satisfy the requirements of this article for conducting a Phase One Environmental Site Assessment unless and until the Department of Toxic Substances Control adopts final regulations that establish guidelines for a Phase One Environmental Site Assessment for purposes of school sites that impose different requirements.
"Piggyback Contract" means a contract for acquisition of personal property, without advertising for bids, as authorized by Public Contract Code Section 20118.
"Portable Classroom" means a classroom building of one or more stories that is designed and constructed to be relocatable and transportable over public streets, and with respect to a single story portable classroom, is designed and constructed for relocation without the separation of the roof or floor from the building and when measured at the most exterior walls, has a floor area not in excess of 2,000 square feet.
"Preschool Classroom" means a preschool classroom used or proposed to be used for instructional purposes in a California state preschool program.
"Preschool Program" means a full-day California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6.
"Project" means the purposes for which the Grantee has applied for the Grants detailed in these Subgroup 5.8 regulations.
"Program" means the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program.
"Property" includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of these Subgroup 5.8 regulations.
"Pupil" means a student enrolled in any grade Preschool, Transitional Kindergarten and Kindergarten through grade twelve.
"Ready for Apportionment" means a final review of an Approved Application has been completed by OPSC and it has been determined that it meets all requirements of law for an Apportionment and OPSC will recommend approval to the Board.
"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.
"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.
"Retrofit" means a construction project to retrofit an existing school facility to adequately house kindergarten pupils, which shall only include the costs of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, necessary utility costs, utility connection and other related fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, the upgrading of electrical systems, and the wiring or cabling of classrooms in order to accommodate educational technology.
"Retrofit Grant" means the funding provided pursuant to Education Code Section 17375(f)(2) and Section 1860.12.
"School District" shall have the meaning set forth in Education Code Sections 81 through 87, inclusive. "School District" shall not include county offices of education, charter schools, joint powers authorities, or the State Department of Education. For preschool facilities grants only, "school district" includes county offices of education, or a community college district that operates a preschool program on behalf of, or in lieu of, a school district or county office of education.
"Small School District" means a School District with current district wide enrollment, including pupils enrolled in grades K-12, continuation high pupils and special day class pupils, that is 2,500 or less.
"Transitional Kindergarten" means a program that provides education continuity from preschool to kindergarten pursuant to EC Section 8974.
"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.
Cal. Code Regs. Tit. 2, § 1860.2
Note: Authority cited: Sections 17280 and 17375, Education Code. Reference: Sections 17280 and 17375, Education Code; and Section 1771.5, Labor Code.
Note: Authority cited: Sections 17280 and 17375, Education Code. Reference: Sections 17280 and 17375, Education Code; and Section 1771.5, Labor Code.
2. Certificate of Compliance as to 12-14-2018 order transmitted to OAL 6-11-2019 and filed 7/17/2019 (Register 2019, No. 29).
3. New definitions of "Full-Day Kindergarten Program" and "Part-Day Kindergarten Program" filed 2-18-2020 as an emergency; operative 2/18/2020 (Register 2020, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-17-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-18-2020 order transmitted to OAL 8-14-2020 and filed 9/24/2020 (Register 2020, No. 39).
5. Amendment of definitions of "Grant Agreement," "New Construction" and "Retrofit" filed 1-19-2021 as an emergency; operative 1-19-2021 (Register 2021, No. 4). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 11-16-2021 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-19-2021 order transmitted to OAL 7-1-2021 and filed 8/13/2021 (Register 2021, No. 33).
7. New definitions of "CALPADS," "Preschool Classroom," "Preschool Program" and "Transitional Kindergarten," repealer of definitions of "CBEDS Report" and "Elementary School Pupil" and amendment of definitions of "Form SAB 70-01," "Form SAB 70-02," "Form SAB 70-03," "Fund," "Grant Agreement," "Program," "Pupil" and "School District" filed 3-21-2022 as an emergency; operative 3/21/2022 (Register 2022, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-21-2022 order transmitted to OAL 9-16-2022 and filed 10-27-2022; amendments effective 10/27/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 43).
9. Amendment of definitions of "Form SAB 70-01," "Form SAB 70-03" and "School District" filed 11-16-2022 as an emergency; operative 11/16/2022 (Register 2022, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-15-2023 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-16-2022 order transmitted to OAL 5-8-2023 and filed 6/20/2023 (Register 2023, No. 25).
11. Amendment of definitions of "Form SAB 70-01," Form SAB 70-02," "Form SAB 70-03" and "Grant Agreement" filed 6-3-2024; operative 10/1/2024 (Register 2024, No. 23).