Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 3 - Department of General ServicesSubchapter 4 - Office of Public School ConstructionState Allocation BoardRegulations Relating to the California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program
Article 1 - California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program
Section 1860.5 - Full-Day Kindergarten Program Eligibility Criteria

Cal. Code Regs. tit. 2 § 1860.5

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1860.5 - Full-Day Kindergarten Program Eligibility Criteria
(a) For Full-Day Kindergarten Program funds provided pursuant to Sections 1860.3, a School District may apply for funding made available pursuant to EC Section 17375 by submittal of a Form SAB 70-01, if all of the following requirements are met:
(1) The School District has a school board resolution providing approval to provide full-day kindergarten instruction at the project school site or will have approval to provide full-day kindergarten instruction at the completion of the project.
(2) The School District lacks the facilities to provide full-day kindergarten instruction at the project school site.

A project school site will be considered lacking full-day kindergarten facilities if the current kindergarten enrollment exceeds the existing kindergarten classroom capacity prior to the construction of the project. Classrooms constructed as kindergarten classrooms or altered to house kindergarten students, regardless of current use, will be included when determining the existing kindergarten classroom capacity, as determined by CDE. For purposes of determining classroom capacity, a loading standard of 25 kindergarten pupils per classroom will be used and all kindergarten classrooms will be loaded for full-day instruction unless the School District indicates that an existing classroom(s) will continue to be used for non-full-day instruction at the completion of the project.

(b) OPSC shall consult with CDE prior to determination of the Approved Application's need for funding based on the schoolsite's enrollment pattern.
(c) The Approved Application shall include the following documentation:
(1) A description of the proposed project including, but not limited to, the following information:
(A) The total number of preschool, transitional kindergarten, and kindergarten classrooms on the site prior to the Program project.
(B) The current enrollment at the site using California Longitudinal Pupil Achievement Data System data as reported to the California Department of Education (CALPADS), at the time of application submittal, pursuant to EC Section 48000. To determine the appropriate enrollment reporting year, refer to the following:

OPSC Received Date of Form SAB 70-01Enrollment Reporting Year
July 1 through October 31Submit Prior Fiscal Year Enrollment Data
November 1 through June 30Submit Current Fiscal Year Enrollment Data

(C) The enrollment at the site for the three years immediately preceding the enrollment reporting year determined in Section 1860.5(c)(1)(B).
(D) The total number of preschool, transitional kindergarten, and kindergarten classrooms on the site after the completion of the Program project.
(E) The total number of kindergarten classrooms that will be used for full-day kindergarten instruction after the completion of the Program project.
(2) Site map that includes labelling of all facilities and their current use, identifies all classrooms constructed or previously retrofitted to house kindergarten students, and identifies any facilities that will be retrofitted in the project. If a School District is requesting a 50-year old utilities grant, identify the age of the building(s).
(d) Program funding must construct or retrofit facilities that result in classroom(s) 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.
(1) For new construction projects, classrooms must be not less than 1,350 square feet, including restrooms, storage, teacher preparation, wet and dry areas.
(2) For retrofit projects, classrooms must not be less than 1,350 square feet, including restrooms, storage, teacher preparation, wet and dry areas unless both of the following are met:
(A) The project qualifies for an exemption through CDE pursuant to Title 5, Section 14030(r) of the California Code of Regulations to retrofit a classroom that will be less than 1,350 square feet.
(B) The classroom shall not be less than 1,250 square feet.

Cal. Code Regs. Tit. 2, § 1860.5

1. New section filed 12-14-2018 as an emergency; operative 12-14-2018 (Register 2018, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-12-2019 or emergency language will be repealed by operation of law on the following day.
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. Repealer and new section 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, including amendment of subsection (d)(1)(C), transmitted to OAL 8-14-2020 and filed 9-24-2020; amendments effective 9-24-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 39).
5. Amendment of subsections (a) and (b) 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. Amendment of section heading, section and NOTE 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. New subsections (d)-(d)(2)(B) 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).

Note: Authority cited: Sections 17375(a) and 17375(b), Education Code. Reference: Sections 17375(a), 17375(b) and 17375(h), Education Code.

1. New section filed 12-14-2018 as an emergency; operative 12/14/2018 (Register 2018, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-12-2019 or emergency language will be repealed by operation of law on the following day.
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. Repealer and new section 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, including amendment of subsection (d)(1)(C), transmitted to OAL 8-14-2020 and filed 9-24-2020; amendments effective 9/24/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 39).
5. Amendment of subsections (a) and (b) 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. Amendment of section heading, section and Note 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. New subsections (d)-(d)(2)(B) 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).