Cal. Code Regs. tit. 2 § 1811

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1811 - Method for Computing Existing Building Area
(a) For the purposes of this regulation, "service area" may be defined as:
(1) Buildings which when constructed were intended to be used for a purpose to which the provisions of Education Code Sections 39140 to 39155, inclusive, would not apply, whether or not such sections were in effect at the time when the building was constructed; or
(2) Buildings which when constructed were intended to be used for a purpose to which Education Code Sections 39140 to 39155, inclusive, would apply, whether or not such sections were in effect when the building was constructed, but which building has been converted or is intended to be converted, as shown by the application, to be used for purposes to which such sections would not apply.
(b) Service area may include but is not limited to construction used as bus garages, maintenance shops, centrally located district storage and warehouses, custodial houses, utility shelters, transformer vaults, service yards, and administration offices.
(c) Any area constructed for district administrative purposes shall be counted as full area except:
(1) Administrative facilities acquired by the conversion of existing inadequate school facilities. Building area computations for such facilities shall be in accordance with the schedule adopted pursuant to subsections (h)(1) of this regulation or as may be determined by the Director of General Services.
(2) Existing buildings, other than inadequate school facilities, acquired by the district and converted to administrative offices. Such facilities shall be allowed an adjustment in area only where the school district has financing equal to the cost of acquisition and conversion. Such financing can be from either:
(A) The district's General Fund.
(B) Proceeds from the sale of school district bonds. Such bond funds shall not then be considered as "eligible bonded debt service" as defined in Sections 16070(d) and 16084 of the Act. Building area computations for such facilities shall be in accordance with the schedule adopted pursuant to subsection (h)(2) of this regulation or as may be determined by the Director of General Services.
(d) In the event that a school district has expended funds for the purpose of constructing buildings used for housing certificated employees of the district and their families, the area of such buildings and the funds expended therefor shall be accounted for in the following manner:
(1) The area of such buildings constructed or acquired with the proceeds of a tax levied under Chapter 3 (commencing with Section 14200), Part 9, of the Education Code, shall be excluded from the building area of the district.
(2) The area of such buildings constructed or acquired with the proceeds from the sale of school district bonds prior to July 1, 1961, shall be excluded from the building area of the district; however, such bond funds shall not be considered as "eligible bonded debt service" as defined in Sections 16071(d) and 16084 of the Act.
(e) The following shall not be included in any computation of the area of adequate school construction existing in any applicant school district under these regulations:
(1) The area of any building which is or will be used exclusively for a parent cooperative nursery education facility, and for no other purpose, and which building at the time of acquisition thereof by the district was incidental to the purchase of a school site and unsuitable for classroom purposes or which was acquired by the district without expenditure of school district funds.
(2) The area of any building constructed by a school district after September 11, 1957, with funds given or bequeathed to the district after such effective date, and the area of any building given, devised, or bequeathed to a school district after such effective date, including any building given to a district by any city, county, or political subdivision of this Sate.
(3) The area of any building, the construction of which was financed by the proceeds from a tax levied pursuant to Section 10914 of the Education Code, relating to children's centers.
(4) The area of any building which has not been constructed or reconstructed under the provisions of Sections 39140 to 39155, inclusive, Education Code, provided that such area is being used exclusively for adult education classes during the regular school day and that the operation of such classes has been approved by the Department of Education.
(5) Any building area excluded from the computation of adequate school building construction by adjustments made under Section 16045 of the Act which is subsequently converted to usable instructional area used exclusively for vocational educational programs, provided the conversion was accomplished with federal or district funds.
(6) The area of any building which is or will be used exclusively for a preschool educational program facility pursuant to the provisions of Section 16045, Paragraph 5, Subsection (b) of the Act, provided that the building was constructed, leased or purchased with local general funds, or Federal or State funds allocated specifically for a preschool educational program.
(f) The area of adequate school construction existing in a district at the time of application shall be initially computed as all of the construction area of a district except:
(1) Such area as are to be replaced under standards established by the Board; and
(2) Such areas in an existing structurally inadequate building for which an application has been filed for structural rehabilitation or in a building previously structurally rehabilitated under Sections 16000 to 16207, inclusive, of the Act, as exceed the maximum building area allowed by Section 16044 of said Act for a number of pupils, equivalent to those that could be housed in the building after rehabilitation.
(g) To compute the number of adequately housed pupils for the purposes of subsection (f) above, the following schedule shall apply:
(1) The number of pupils which can be housed in an elementary classroom shall be determined by assigning units of average daily attendance in accordance with the following schedule:

Type of ClassroomEstimated Average Daily Attendance
Kindergartens, double session....................................................55
Kindergartens, single session....................................................27
Classrooms, grades 1 through 3....................................................29
Classrooms, grades 4 through 8....................................................33
Classrooms in separate 7-8 grade school....................................................30

(2) The number of pupils which can be housed in secondary school classrooms shall be determined by assigning units of average daily attendance to such classrooms in accordance with a space adequacy survey and the following average class sizes:

Type of ClassroomAverage Class Size
Academic Classrooms, grades 7-9 or 7-12....................................................30
Academic Classrooms, grades 9-12....................................................28
Laboratory Classrooms, grades 7-12....................................................26
Laboratory Classrooms, grades 9-12....................................................24

(h) If such adequate school building area, when added to the minimum facilities needed by the district, results in a total building area in excess of the amount prescribed in Section 16044 of the Act,then the Board may make the following adjustments to the initial computation or such revisions thereof as the Board, in its discretion, deems desirable:
(1) Service areas constructed prior to July 19, 1947, shall be excluded, except that if any inadequate nonservice area constructed prior to July 19, 1947, is, or will be converted to a service area, such area shall be recomputed by multiplying said area by the percentage determined by dividing the depreciated value of said area by the replacement cost as such value and cost are determined by the Director of General Services. For the purposes of such determination, the Director of General Services shall prepare a schedule setting forth the percentage of usable life remaining in a facility which may be counted as existing adequate service area to be used in making the recomputation of allowable building area under the provisions of this subsection. After the Director of General Services has determined the adjusted area of a building as prescribed in this subsection, the adjusted area of such building shall not thereafter be recomputed or revised.
(2) Service area constructed or acquired on or after July 19, 1947, may be recomputed by multiplying the building area by a factor determined by dividing the original cost of such building area by the computed allowance for standard elementary classrooms for the same building area (excluding any adjustment for small buildings) using the Board's schedule of allowances which was in effect on the date the construction contract was let for the service area or on the date of acquisition of such service area.

If the Director of General Services has determined the adjusted area of a building as prescribed herein, or as this subsection provided heretofore, such adjusted area shall not thereafter be recomputed or revised. The recomputation prescribed by this subsection shall not apply to facilities constructed pursuant to apportionments made under any State School Building Aid Law.

(3) If, after the revised computation of service areas is made as prescribed under subsections (h) (1) and (2) of this regulation, the existing and requested building area of the district is in excess of the schedule set forth in Section 16044 of the Act, the existing building area of nonservice facilities may be determined on the basis of the number of pupils housed by such facilities at an allowance per pupil which is not more than 25 percent in excess of the amount per pupil prescribed in Section 16044 of the Act. For computing the number of adequately housed pupils for the purposes of this subsection, the schedule set forth under subsections (g) (1) and (2) of this regulation shall apply.
(i) If any of the recomputations prescribed by Section 16045 of the Act or by the foregoing provisions of this regulation result in a greater adjustment to the area of existing facilities than is required to permit the district to apply for the minimum additional facilities needed by it as determined by the Department of Education, the adjusted area shall be so increased that the sum of the adjusted area, plus the building area of the minimum additional facilities required by the district will be less than or equal to the maximum permitted by Section 16044 of the Act.
(j) In the event the adjusted existing area of the district as determined pursuant to Section 16045 of the Act or the preceding provisions of this regulation results in a district being unable to apply for the minimum amount of essential instructional facilities required, the adjusted existing area may be reduced, with the approval of the Board, by an amount sufficient to permit such essential instructional facilities to be constructed under the Act. The provisions of Section 16045 of the Act or the preceding provisions of this subsection (j) shall not be interpreted so as to nullify the preceding provisions of this regulation, but instead shall be construed as being for the purpose of alleviating any substantial hardship which might otherwise occur.

Cal. Code Regs. Tit. 2, § 1811

1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 75, No. 43.

Note: Authority cited: Section 16009, Education Code. Reference: Sections 16045, 16070, 16084 and 39140- 39155, Education Code.

1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 75, No. 43.