Section 1859.77.3 - Use of New Construction Grant Funds for Projects Accepted by the DSA After January 22, 2003New Construction Grant funds and any other funds provided by these Regulations shall be expended as set forth in Education Code Section 17072.35; and may also be utilized for the cost incurred by the district for the development and implementation of remedial action plan approved by the DTSC pursuant to Education Code Section 17213.
Authorization for use of New Construction Grants for which the final plans and specifications for the project were accepted by the DSA after January 22, 2003 may be requested as follows:
(a) A district may request new construction grants that exceed the capacity of the project based on loading standards pursuant to Education Code Section 17071.25(a)(2) and any loading standards adopted by the SAB by these regulations if the project is to construct a multipurpose, gymnasium, Multipurpose/Gymnasium Hybrid, and/or library, or for an Alternative Education school to construct a multipurpose/gymnasium, library, counseling offices, and/or conference rooms, at an existing site that does not have an existing or adequate facility of the type being requested when all of the following is met: (1) The district must adopt a school board resolution that has been discussed at a public hearing at a regularly scheduled meeting of the district's governing board on a date preceding the application filing that includes the following: (A) An acknowledgement that funds for the purposes of housing the excess pupils are being diverted to another project.(B) An acknowledgement that the State has satisfied its obligation, pursuant to Section 1859.50, to house the pupils receiving grants in the project.(C) A plan outlined in the resolution that identifies how the district has housed or will house the pupils receiving grants in the project in school buildings as defined in Education Code Section 17368. The plan must certify one of the following methods: 1. The district will construct or acquire facilities for housing the pupils with funding not otherwise available to the SFP as a district match within five years of project approval by the SAB, and the district must identify the source of the funds; or2. The district will utilize higher district loading standards providing the loading standards are within the approved district's teacher contract and do not exceed 33:1 per classroom.(2) The existing school site was not constructed under the SFP.(3) The proposed project includes no more than eight classrooms.(4) Grant requests, above 100 percent of the number of pupils to be housed, based on Special Day Class pupil eligibility are only permitted under this subsection (a) when building a Special Day Class facility.(5) For purposes of this Section, a Multipurpose/Gymnasium Hybrid is considered to be both a multipurpose and a gymnasium. A school site with a middle school and/or high school pupils is eligible for one multipurpose and one gymnasium; therefore, if a school site has an adequate multipurpose and an adequate gymnasium, it is not eligible for a Multipurpose/Gymnasium Hybrid under this Section.(6) For purposes of this section to determine if an existing facility is inadequate, the existing square footage is less than 60 percent of the square footage necessary for the current CBEDS for the site plus the Net School Building Capacity of the proposed project as calculated pursuant to Sections 1859.82(b), 1859.82.1(b)(4)(B)2., except for Alternative Education Schools. For Alternative Education Schools, refer to the following: Alternative Education |
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| Support Facility | Existing Site Plus Proposed Project Contain 1 or 2 Classrooms | Existing Site Plus Proposed Project Contain 3 to 10 Classrooms* | Existing Site Plus Proposed Project Contain 11 or More Classrooms* |
| Multipurpose Facility or Gymnasium (includes food service) | 2,500 sq. ft. | 6.3 sq. ft. per pupil minimum 4,000 sq. ft. | 6.3 sq. ft. per pupil minimum 7,200 sq. ft., maximum of 18,000 sq. ft. |
| Counseling Offices, and/or Conference Rooms | 1,000 sq. ft. Combined Total | 1,000 sq. ft. | 1,000 sq. ft. |
| Library/Media Space | | 4.3 sq. ft. per pupil plus 600 sq. ft. | 4.3. sq. ft. per pupil plus 600 sq. ft. |
* The proposed project cannot include more than eight classrooms.
(7) The maximum excess pupil amount being requested for this type of use of grants request, is calculated by the following: (A) Multiply the current CBEDS for the site plus the Net School Building Capacity for the proposed project by the square footage for the type of facility being requested, as follows: 1. For Alternative Education Schools, refer to the chart above.2. For a multipurpose room, gymnasium, and/or library, refer to the chart in Section 1859.82.1(b)(4)(B)2.3. For a Multipurpose/Gym Hybrid: a. For school sites with middle school pupils, use 15.2 square feet per pupil, with a minimum of 8,056 square feet and a maximum of 18,848 square feet.b. For school sites with high school pupils, use 18.6 square feet per pupil, with a minimum of 10,193 square feet and a maximum of 21,874 square feet.(B) Multiply the product in (a)(7)(A) above by the per square foot grant amount of $154. This per square foot grant amount will be adjusted in the manner prescribed in Section 1859.71.(C) Divide the product in (a)(7)(B) above by the New Construction Grant amount for the project grade level, rounded up to the nearest whole number.(b) A district may request new construction grant eligibility determined at a different grade level than the proposed project that does not exceed the capacity of the project, unless the project includes a request as indicated in Section 1859.77.3(a), based on loading standards pursuant to Section 17071.25(a)(2) and any loading standards adopted by the SAB by these regulations when all of the following is met: (1) The district must adopt a school board resolution that has been discussed at a public hearing at a regularly scheduled meeting of the district's governing board on a date preceding the application filing that includes the following: (A) An acknowledgement that funds for the purposes of housing the excess pupils are being diverted to another project.(B) An acknowledgement that the State has satisfied its obligation, pursuant to Section 1859.50, to house the pupils receiving grants in the project.(C) A plan outlined in the resolution that identifies how the district has housed or will house the pupils receiving grants in the project in school buildings as defined in Education Code Section 17368. The plan must certify one of the following methods: 1. The district will construct or acquire facilities for housing the pupils with funding not otherwise available to the SFP as a district match within five years of project approval by the SAB, and the district must identify the source of the funds; or2. The district will utilize higher district loading standards providing the loading standards are within the approved district's teacher contract and do not exceed 33:1 per classroom; or3. The pupils requested from a different grade level will be housed in classrooms at an existing school in the district which will have its grade level changed, to the grade level requested, at the completion of the proposed SFP project.(2) Only New Construction Grant eligibility for grades Kindergarten through 12 can be requested to pursuant to this subsection (b), and the district must use its New Construction Grant eligibility, pursuant to subsection (b), in the following order: (A) At the grade level of the proposed project, if available.(B) At the lowest grade level other than the proposed project, if available.(C) At the next highest grade level other than the proposed project.(c) A district may request new construction eligibility based on the SFP Regulation Section 1859.77.2 or 1859.77.3, as appropriate, in place as of the date of a local bond election provided that clear language was included in the local bond that specifically identified the proposed project, and provided that the project meets all laws and regulations of the SFP. If a district wishes to amend its Approved Application to include or increase its use of grants request after the submittal to the OPSC, the district must request in writing that the Approved Application be withdrawn and removed from the OPSC workload list. The resubmitted application will receive a new processing date by the OPSC.
The New Construction Grant amount provided shall be determined based on the grant amount provided in Education Code Section 17072.10 for the grade level that generated the eligibility and any New Construction Additional Grant or New Construction Excessive Cost Hardship Grant the district qualifies for as provided by these regulations.
Cal. Code Regs. Tit. 2, § 1859.77.3
1. New section filed 7-7-2003 as an emergency; operative 7-7-2003 (Register 2003, No. 28). 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. New section refiled 11-3-2003 as an emergency; operative 11-3-2003 (Register 2003, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-2004 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-2-2004 as an emergency, including further amendment of first paragraph; operative 3-2-2004 (Register 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-2004 order transmitted to OAL 6-28-2004 and filed 8-9-2004 (Register 2004, No. 33).
5. Amendment of subsections (a), (a)(5) and (a)(6)(A)-(B) filed 1-31-2005; operative 1-31-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 5).
6. Amendment of subsection (a), new subsection (a)(5), subsection renumbering and amendment of newly designated subsections (a)(7)(B)-(C) filed 3-12-2013; operative 7-1-2013 (Register 2013, No. 11).
7. Amendment of subsection (a)(7)(A), new subsections (a)(7)(A)1.-(a)(7)(A)3.b. and amendment of subsection (a)(7)(B) filed 9-11-2018; operative 1-1-2019 (Register 2018, No. 37).
8. Amendment of subsections (a)(6) and (a)(7)(A)2. filed 8-31-2020 as an emergency; operative 8-31-2020 (Register 2020, No. 36). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-30-2020 order transmitted to OAL 5-5-2021 and filed 6-16-2021 (Register 2021, No. 25). Note: Authority cited: Sections 17070.35 and 17072.13, Education Code. Reference: Sections 17072.13 and 17072.35, Education Code.
1. New section filed 7-7-2003 as an emergency; operative 7-7-2003 (Register 2003, No. 28). 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. New section refiled 11-3-2003 as an emergency; operative 11-3-2003 (Register 2003, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-2004 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-2-2004 as an emergency, including further amendment of first paragraph; operative 3-2-2004 (Register 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-2-2004 order transmitted to OAL 6-28-2004 and filed 8-9-2004 (Register 2004, No. 33).
5. Amendment of subsections (a), (a)(5) and (a)(6)(A)-(B) filed 1-31-2005; operative 1-31-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 5).
6. Amendment of subsection (a), new subsection (a)(5), subsection renumbering and amendment of newly designated subsections (a)(7)(B)-(C) filed 3-12-2013; operative 7-1-2013 (Register 2013, No. 11).
7. Amendment of subsection (a)(7)(A), new subsections (a)(7)(A)1.-(a)(7)(A)3.b. and amendment of subsection (a)(7)(B) filed 9-11-2018; operative 1/1/2019 (Register 2018, No. 37).
8. Amendment of subsections (a)(6) and (a)(7)(A)2. filed 8-31-2020 as an emergency; operative 8/31/2020 (Register 2020, No. 36). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-30-2020 order transmitted to OAL 5-5-2021 and filed 6/16/2021 (Register 2021, No. 25).