Cal. Code Regs. tit. 2 § 1859.302

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 1859.302 - Definitions

For the purposes of these Subgroup 5.7 regulations, the terms set forth below shall have the following meanings, subject to the provisions of the Act:

"Accepted Application(s)" means a Local Educational Agency (LEA) has submitted the application and all documents to the Office of Public School Construction (OPSC) that are required to be submitted with the application as identified in the General Information and Required Documentation section of the Form SAB 61-03, Grant Request, (Rev. 01/07 ), as appropriate, and the OPSC has accepted the application.

"Act" means California Education Code (EC) Sections 17592.70 through 17592.73, inclusive, and 41207.5.

"Apportionment" means an allocation of funds by the Board for eligible School Facilities Needs Assessment Grant Program or Emergency Repair Program costs.

"Board" means the State Allocation Board as established by Section 15490 of the Government Code.

"CBEDS Report" means the enrollment information provided through the California Basic Educational Data System (CBEDS) by the LEA to the California Department of Education (CDE).

"Certification of Eligibility" means the on-line worksheet provided by the OPSC and accessible through the OPSC Website at www.opsc.dgs.ca.gov for the purpose of a one-time determination of whether a school site meets the provisions of Section 1859.311(b).

"Cosmetic Repairs" means repairs that enhance the physical environment of the school and are not directly related to the mitigation of a health and safety hazard.

"Deferred Maintenance Program (DMP)" means the State deferred maintenance funding authorized by EC Sections 17582 through 17588, inclusive.

"Emergency Facilities Needs" means structures or systems that in their present condition pose an immediate threat to the health and safety of pupils and staff while at school.

"Emergency Repair Program (ERP)" means the repair program implemented under the Act, Senate Bill 6, Chapter 899, Statutes of 2004.

"ERP Grant" means an Apportionment provided by the State to the LEA for eligible costs, pursuant to EC Section 17592.72 and Regulation Sections 1859.323, 1859.323.1, and 1859.323.2.

"Employee" means an individual that is a classified or certificated temporary, probationary or permanent employee receiving a warrant as payment from the LEA.

"Expended" means work has been completed, or services rendered, and a warrant has been issued for payment.

"Form SAB 61-01" means the Needs Assessment Report, Form SAB 61-01 (New 01/05 ), which is incorporated by reference.

"Form SAB 61-02" means the Expenditure Report, Form SAB 61-02 (New 02/05 ), which is incorporated by reference.

"Form SAB 61-03" means the Grant Request, Form SAB 61-03 (Rev. 12/08 ), which is incorporated by reference.

"Form SAB 61-04" means the Expenditure Report, Form SAB 61-04 (Rev. 12/10 ), which is incorporated by reference.

"Grant" means an apportionment for a request for an Emergency Repair Program project and can include reimbursement for projects already completed.

"Grant Adjustment" means an increase or a decrease in the Grant after review of the Form SAB 61-04.

"Interim Evaluation Instrument" means the evaluation tool developed pursuant to EC Section 17002.

"LEA Representative" means a member of the LEA staff or other agent authorized to execute and file application(s) with the Board on behalf of the LEA and/or act as liaison between the Board and the LEA.

"Like-Kind Material/System" means a building material or system that is substantially identical in function to the existing building material or system to be replaced.

"Local Educational Agency (LEA)" means a school district or county office of education meeting the requirements of Section 14101(18)(A) or (B) of the federal Elementary and Secondary Education Act of 1965.

"Needs Assessment" means the review of the facilities conducted pursuant to the Section 1859.315(c), the Form SAB 61-01 and EC Section 17592.70.

"Needs Assessment Grant" means the funding provided pursuant to EC Section 17592.70(c) and Sections 1859.312 and 1859.313.

"Nonessential Repairs" means work that is not directly related to the mitigation of a health and safety hazard including, but not limited to, repairs to correct items not in compliance with Title 24 of the California Code of Regulations that existed prior to and are not an Emergency Facilities Needs.

"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 School Facilities Needs Assessment Grant Program and the Emergency Repair Program.

"Pupil" means a student enrolled in any grade Kindergarten through grade twelve including individuals with exceptional needs meeting the provisions of EC Section 56026.

"Ready for Apportionment" means a review of an Accepted Application has been completed by the OPSC and it has been determined that it meets all requirements of law for an Apportionment, and the OPSC will recommend approval to the Board.

"Routine Restricted Maintenance Account" means the account into which funds are deposited by LEAs pursuant to EC Section 17070.75.

"School Facilities Emergency Repair Account" means the account established by the OPSC pursuant to EC Section 17592.71(a).

"School Facilities Needs Assessment Grant Program" means the one-time assessment of school facilities implemented under the Act, Senate Bill 6, Chapter 899, Statutes of 2004.

"School Facility Program (SFP)" means the Leroy F. Greene School Facilities Act of 1998, commencing with EC Section 17070.10.

"Section" means a section in these Subgroup 5.7 regulations.

"Unfunded List" means an information list of unfunded projects including projects partially funded on a prorated basis pursuant to Section 1859.322(b)(1).

"Web-Based Needs Assessment" means the on-line Form SAB 61-01 provided by the OPSC and accessible through the OPSC Website at www.opsc.dgs.ca.gov for the one-time purpose of submitting the Needs Assessment data electronically.

"Web-Based Progress Report Survey" means the on-line worksheet provided by the OPSC and accessible through the OPSC Website at www.opsc.dgs.ca.gov for the purpose of submitting a one-time report on the progress made toward completing the Needs Assessment.

Cal. Code Regs. Tit. 2, § 1859.302

1. New section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-31-2005 order, including reordering of definitions to correct alphabetical order, transmitted to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No. 45).
3. Amendment of definitions of "Accepted Application(s)," "Apportionment," Emergency Repair Program Grant," "Form SAB 61-03," "School Facility Program" and "Unfunded List" and new definitions of "Form SAB 61-04," "Grant" and "Grant Adjustment" filed 7-2-2007 as an emergency; operative 7-2-2007 (Register 2007, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-31-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-2-2007 order transmitted to OAL 11-5-2007 and filed 12-18-2007 (Register 2007, No. 51).
5. Amendment of definitions of "Form SAB 61-03" and "Form SAB 61-04" filed 8-31-2009; operative 8-31-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 36).
6. Change without regulatory effect amending definition of "Form SAB 61-04" filed 1-13-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 2).

Note: Authority cited: Section 17592.73, Education Code. Reference: Sections 17592.70, 17592.71, 17592.72 and 17592.73, Education Code.

1. New section filed 5-31-2005 as an emergency; operative 5-31-2005 (Register 2005, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-28-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-31-2005 order, including reordering of definitions to correct alphabetical order, transmitted to OAL 9-23-2005 and filed 11-7-2005 (Register 2005, No. 45).
3. Amendment of definitions of "Accepted Application(s)," "Apportionment," Emergency Repair Program Grant," "Form SAB 61-03," "School Facility Program" and "Unfunded List" and new definitions of "Form SAB 61-04," "Grant" and "Grant Adjustment" filed 7-2-2007 as an emergency; operative 7-2-2007 (Register 2007, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-31-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-2-2007 order transmitted to OAL 11-5-2007 and filed 12-18-2007 (Register 2007, No. 51).
5. Amendment of definitions of "Form SAB 61-03" and "Form SAB 61-04" filed 8-31-2009; operative 8-31-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 36).
6. Change without regulatory effect amending definition of "Form SAB 61-04" filed 1-13-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 2).