Cal. Code Regs. tit. 2 § 1859.147

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1859.147 - Conversion of Preliminary Apportionment

When a Preliminary Apportionment is converted to a Final Apportionment, the following criteria must be met:

(a) The district must have current New Construction Eligibility utilizing a fifth-year projection per Section 1859.42(a) sufficient to support at least 75 percent of the pupils the district requested and received the Preliminary Apportionment, except as allowed in (d) or (e).

(b) The Final Apportionment request must meet all criteria for a New Construction Adjusted Grant pursuant to Section 1859.21.

(c) A district seeking to convert a Preliminary Apportionment to a Final Apportionment shall complete and file Form SAB 50-04, which requests funding for at least 75 percent, but not more than 100 percent, of the pupils the district requested and received the Preliminary Apportionment.

(d) In lieu of (c), when the district's enrollment has decreased to less then 75 percent of the pupils requested for the project's Preliminary Apportionment, the district may utilize any SFP eligibility justified for its conversion to a Final Apportionment.

(e) In lieu of (a), sufficient project eligibility may be determined utilizing:

(1) The current year enrollment as recorded on the Form SAB 50-01 for the year in which the application for the Final Apportionment is submitted.

(2) Either (A) or (B) below for a district reporting eligibility pursuant to Section 1859.41. Once utilized that same subparagraph must be used for all remaining Preliminary Apportionments under this subdivision:

(A) The current year pupil residence data within the HSAA in which the project will be built, for the year in which the application for the Final Apportionment is submitted.

(B) The projected pupil residence for the year in which the application for the Final Apportionment is submitted, calculated by the cohort survival enrollment projection method, utilizing pupil residence data for the HSAA in which the project will be built.

It is not necessary to re-justify the Qualifying Pupils assigned to the Preliminary Application as required by Section 1859.142(c) at the time the application is converted to a Final Apportionment.

An Approved Application received by the OPSC on or after January 1, 2005 to convert a Preliminary Apportionment to a Final Apportionment may utilize an alternate eligibility justification pursuant to Section 1859.147(e), provided that the project meets all other funding requirements at the time of submittal.

If the district is unable to meet the criteria in this Section, the Preliminary Apportionment shall be rescinded pursuant to the provisions of Section 1859.148.

Cal. Code Regs. Tit. 2, § 1859.147

1. New section filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
2. Amendment of first paragraph and subsection (a) and new subsection (d) filed 5-1-2003 as an emergency; operative 5-1-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2003 or emer
3. Amendment of first paragraph and subsection (a) and new subsection (d) refiled 8-29-2003 as an emergency; operative 8-29-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-29-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
5. Amendment of first paragraph and subsection (a) and new subsection (d) refiled 12-22-2003 as an emergency; operative 12-22-2003 (Register 2003, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-22-2003 order transmitted to OAL 4-19-2004 and filed 5-25-2004 (Register 2004, No. 22).
7. Amendment of subsection (a), new subsections (e)-(e)(2)(B) and new penultimate paragraph filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 43).
8. Amendment of subsection (e) filed 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-15-2006 order transmitted to OAL 7-19-2006 and filed 8-11-2006 (Register 2006, No. 32).
10. Amendment of subsection (a) filed 10-21-2008; operative 10-21-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 43).

Note: Authority cited: Sections 17070.35 and 17075.15, Education Code. Reference: Section 17078.27, Education Code.