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 Leroy F. Greene School Facilities Act of 1998: (School Facility Program)
Article 9 - Hardship Assistance
Section 1859.83 - Excessive Cost Hardship Grant

Cal. Code Regs. tit. 2 § 1859.83

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Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 1859.83 - Excessive Cost Hardship Grant

In addition to any other funding authorized by these Regulations, a district is eligible for funding as a result of unusual circumstances that created excessive project costs beyond the control of the district. The Excessive Cost Hardship Grant shall be based on any of the following:

(a) Excessive Cost due to Geographic Location. A district with a project that is located in a geographic area designated in the Geographic Percentage Chart below is eligible for the sum of the Excessive Cost Hardship Grant(s) determined by multiplying the indicated percentage factor shown in the Geographic Percentage Chart below by each of the following amounts:
(1) The New Construction Grant and the Modernization Grant.
(2) The funding provided by Sections 1859.71.2, 1859.71.3, 1859.72, 1859.73, 1859.73.2, 1859.76(d)(1) and (2), 1859.78.4, 1859.78.5, 1859.82.1, 1859.82.2, 1859.83(b), (c), (d) and (e) and 1859.125(a)(1) through (a)(2).

GEOGRAPHIC PERCENTAGE CHART

County% FactorDescription
Alpine5The entire county.
Amador, Eastern Part5All of Amador County except the portion lying west of a line drawn five miles east of, and paralleling State Highway 49.
Butte, Eastern Part5All of Butte County except that portion lying west of a line drawn ten miles east of, and paralleling State Highway 99.
Calaveras, Eastern Part5All of Calaveras County except that portion lying west of State Highway 49.
Del Norte5The entire county.
El Dorado Eastern Part15That portion lying east of a north-south line drawn 25 miles west of the Nevada State Line and north to the county line and south to State Highway 88.
El Dorado5El Dorado County except the eastern part and the following areas:
*West of a line drawn six miles east of and paralleling State Highway 49.
*Within five miles of either side of U.S. highway 50 from the western county line to a point on the eastern limit of the community of Pollock Pines.
*West of a line drawn three miles easterly from and paralleling a certain county road described as the Pleasant Valley Road which connects the community of Aukum with Diamond Springs and with the city of Plymouth.
Fresno, Eastern Part5All of Fresno County lying east of a line drawn ten miles east of, and paralleling the west boundary of the Sierra National Forest.
Glenn, Western Part5All of Glenn County except that portion lying east of a line drawn ten miles west of, and paralleling Interstate Highway 5.
Humboldt, Redwood Highway5That portion of Humboldt County situated within five miles of the Redwood Highway (U.S. 101) except for that portion situated within ten miles of the Redwood Highway from the northern boundary of the community of Trinidad to the southern boundary of the community of Rio Dell.
Humboldt, State Highway 299 and Vicinity5That portion of Humboldt County situated within five miles of State Highway 299 and State route 96, except for those portions situated within ten miles of the Redwood Highway (U.S. 101) from the northern boundary of the community of Trinidad to the southern boundary of the community of Rio Dell.
Humboldt, Southeastern Part15That portion of Humboldt county adjacent to or east of, the road between Harris to Blocksburg to a point ten miles north of Blocksburg.
Humboldt, Residual Area10All areas of Humboldt County not classified in other cost groups except for that portion situated within ten miles of the Redwood Highway from the northern boundary of the community of Trinidad to the southern boundary of the community of Rio Dell.
Imperial5The entire county.
Inyo, Southeastern Part20That portion of Inyo County situated east of the western boundary of the Death Valley National Monument from the northern boundary of said national monument to the southern boundary of the county.
Inyo, Residual Area5All of Inyo County except the southeastern part described above.
Kern, Eastern Part5That portion of Kern County lying east of a north-south line drawn through the eastern boundary of the town of Tehachapi.
Lake5The entire county.
Lassen, Southern Part10That portion of Lassen County lying south of an east-west line drawn through a point ten miles north of Susanville.
Lassen, Northern Part15All of Lassen County except the southern part described above.
Los Angeles, Santa Catalina Island only50The entire Santa Catalina Island.
Madera, Central Part5That portion of Madera County lying between a line drawn ten miles west of, and paralleling the western boundary of the Sierra National Forest and a line drawn ten miles east of and paralleling the western boundary of the Sierra National Forest.
Madera, Eastern Part5All of Madera County except the western part and the central part described above.
Mariposa, Eastern Part5All of Mariposa County except that portion lying west of:
*A line drawn five miles east of, and paralleling State Highway 49 from the northern county line to Mormon's Bar; and
*A line drawn ten miles west of, and paralleling the western boundary of the Sierra National Forest from a point due east of Mormon's Bar to the southern county line.
Mendocino, Fort Bragg Area10Those portions of Mendocino County lying west of the Southern Redwood Highway Area, and south of the Ten Mile River.
Mendocino, Northern Redwood5That portion of Mendocino County situated within five airline miles of the Redwood Highway Area Highway (U.S. 101) from a point ten miles north of the Willits City Hall to the northern boundary of the county.
Mendocino, Residual Area10Those portions of Mendocino County not otherwise classified except that portion situated within ten airline miles of the Redwood Highway (U.S. 101) from a point ten miles north of the Willits City Hall to the southern boundary of the county. (Comprises the Northeastern part of the county and the coastal strip in the northwestern part).
Modoc15The entire county.
Mono20The entire county.
Monterey, Southern Part5All Monterey County except that portion lying north of an east-west line beginning on the coast two miles south of the City of Carmel and extending due east to the eastern boundary of the county.
Nevada5That portion of Nevada County not included in the Eastern Part.
Nevada, Eastern Part15That portion lying east of a north-south line drawn 25 miles west of the Nevada State Line and north to the county line and south to the county line.
Placer, Eastern Part15That portion lying east of a north-south line drawn 25 miles west of the Nevada State Line and north to the county line and south to the county line.
Placer, Northeastern Part5All of Placer County except the Eastern Part and the following:
*Within five miles of either side of State Highway 65 from the southern boundary of the county and the northern limit of the community of Lincoln.
*Five miles either side of Interstate 80 from the southern boundary of the county and the northern limit of the community of Penryn.
*West of a line drawn five miles east of, and paralleling State Highway 49.
*Within five miles of either side of Interstate 80 between the northern limit of the community of Penryn and the northern limit of the community of Colfax.
Plumas5The entire county.
Riverside, Eastern Part20That portion lying east of a north-south line drawn 50 miles west of the Arizona State Line and north to the county line and south to the county line.
Riverside, Central Part5That portion of Riverside County lying east of a north-south line drawn through the intersection of Interstate 10 and Fields Road extending from the southern county line of Riverside County, north to the southern county line of San Bernardino County to the Eastern Part of the County.
San Benito, Southern Part5All of San Benito County except that portion lying north of an east-west line drawn across the county from a point two miles south of the community of Paicines.
San Bernardino, Northeastern Part5That portion of San Bernardino County lying north and east of an east-west line drawn two miles north of Oro Grande, extending from the western boundary of the county to its intersection with the northerly extension of, and thence along a line drawn through the following points: A point five miles east of Victorville, the eastern edge of the communities of Running Springs and Camp Angelus then due south to the San Bernardino County line.
San Bernardino, Eastern Part20That portion lying east of a north-south line drawn 150 miles west of the Arizona State Line and north to the county line and south to the county line.
San Diego, Northeastern Part10That portion of San Diego County lying east of a north-south line drawn ten miles east of the community of Julian, said line extending from the northern boundary of the county to its intersection with an east-west line extending from the eastern boundary of the county to its intersection with the aforesaid north-south line, said east-west line being at its closest point, three miles due north of the community of Mount Laguna.
San Mateo, Southwestern Part5That portion of San Mateo County lying more than two miles westerly from the nearest point on Skyline Boulevard and south of an east-west line drawn through a point two miles north of the community of Montara.
Santa Cruz, Northwestern Part5That portion of the Santa Cruz County lying northerly and westerly from a line drawn from a point one mile north of Swanton on the coast through a point one mile north of Brookdale and situated more than two miles from the nearest point on the eastern boundary of the county.
Shasta, except Valley Area5All of Shasta County except that portion lying south of Shasta Lake and situated within ten miles of Interstate Highway 5.
Sierra5The entire county.
Siskiyou, Central Part15That portion of Siskiyou County situated within ten miles of U.S. Highway 97 from Grass Lake to the Oregon State Line.
Siskiyou, Salmon River25All of the drainage area of the Salmon River (including the North and South Forks) except that portion situated within the Somes Bar Area described below.
Siskiyou, Somes Bar Area20Those portions of the drainage areas of the Salmon and Klamath Rivers located within the boundaries of the Junction Elementary School District.
Siskiyou, Western Part15That portion of Siskiyou County lying westerly from a line drawn ten miles west of and parallel to Interstate 5, except the Somes Bar and Salmon River areas described above.
Siskiyou, Yreka and Residual Area5All of Siskiyou County except the Salmon River, Somes Bar and Western areas described above.
Sonoma, Northwestern Part5That portion of Sonoma County enclosed by a line following the northern boundary of the county from the Pacific Ocean to a point 15 miles inland, thence southerly to a point two miles west of the community of Los Lomas, thence southerly to a point on the coast two miles south of the community of Fort Ross, thence northerly along the coast line to the northern boundary of the county.
Tehama, Residual Area5All of Tehama County except those portions situated within ten miles west of Interstate Highway 5 from the north county line to the southern county line; within ten miles east of Interstate Highway 5 from the north county line southward to a point east of Red Bluff, thence within ten miles east of and paralleling State Highway 99 southward to the county line.
Trinity, Residual Area15All of Trinity County except the State Highway 299 area described below.
Trinity, State Highway 29910That portion of Trinity County situated within five miles of State Highway 299.
Tulare, Eastern Part5That portion of Tulare County lying east of a north-south line drawn through the western limits of the community of Silver City.
Tuolumne, Eastern Part5All of Tuolumne County except that portion lying west of State Highway 49.
Yuba, Northeastern Part5All of Yuba County except that portion lying west of a line drawn ten miles east of, and paralleling State Highway 65 and that portion lying south of a line drawn three miles north of, and paralleling State Highway 20.

(b) Excessive Cost for Projects that House No More than 200 Pupils (Small Size Projects).
(1) Excluding Joint-Use Projects and grant requests pursuant to Section 1859.79.3(a)(1) or (a)(2), if the project will house fewer than 101 pupils, the district is eligible for an Excessive Cost Hardship Grant equal to 12 percent of the funding provided by the New Construction Grant or 12 percent of the funding provided by the Modernization Grant.
(2) Excluding Joint-Use Projects and grant requests pursuant to Section 1859.79.3(a)(1) or (a)(2), if the project will house greater than 100 and fewer than 201 pupils, the district is eligible for an Excessive Cost Hardship Grant equal to four percent of the funding provided by the New Construction Grant or four percent of the funding provided by the Modernization Grant.
(3) A Type I Joint-Use Project and a Type II, part of a qualifying SFP Modernization project, Joint-Use Project is eligible for an Excessive Cost Hardship Grant equal to:
(A) 12 percent of the funding provided by Section 1859.125(a)(1) through (a)(2), if the qualifying SFP New Construction or Modernization project pursuant to Sections 1859.123 or 1859.123.1 will house fewer than 101 pupils.
(B) Four percent of the funding provided by Section 1859.125(a)(1) through (a)(2), if the qualifying SFP New Construction or Modernization project pursuant to Sections 1859.123 or 1859.123.1 will house greater than 100 and fewer than 201 pupils.
(4) A Type II Joint-Use Project, not part of a qualifying SFP Modernization project, is eligible for an Excessive Cost Hardship Grant equal to eight percent of the funding provided by Section 1859.125(a)(1) through (a)(2).
(5) A grant request pursuant to Section 1859.79.3(a)(1) or (a)(2) and fewer than 101 pupils is eligible for an Excessive Cost Hardship Grant equal to four percent of the funding provided by the Modernization Grant.
(6) A Facility Hardship project that is eligible to receive funding pursuant to Sections 1859.82.1(b)(4)(B), 1859.82.1(b)(4)(C), or 1859.82.2(b)(4)(B), may request an Excessive Cost Hardship Grant for small size project if the following qualifications are met:
(A) For the purposes of determining qualification for (6)(B) or (6)(C) below:
(1) Calculate the Facility Hardship Square Footage Grant pursuant to Section 1859.82.1(b)(4)(B). If the Facility Hardship project is for the replacement of portable space, calculate the sum of the Portable Replacement Grant and Portable Toilet Replacement Grant pursuant to Section 1859.82.1(b)(4)(C).
(2) Divide the amount determined in (6)(A)(1) by the New Construction Grant at the time the project is approved by the Board, for the highest grade level served at the site.
(3) Round the quotient to the nearest whole number.
(B) The District is eligible for an Excessive Cost Hardship Grant equivalent to 12 percent of the funding provided by the Facility Hardship Square Footage Grant if the calculated result of Section (6)(A) above is fewer than 101 pupils.
(C) The District is eligible for an Excessive Cost Hardship Grant equivalent to four percent of the funding provided by the Facility Hardship Square Footage Grant if the calculated result of Section (6)(A) above is greater than 100 and fewer than 201 pupils.
(c) Excessive Cost to Construct a New School Project.
(1) With the exception of Alternative Education schools for which the final plans and specifications for the project were accepted by the DSA on or after March 24, 2004, if the project is for a new elementary, middle or high school on a site with no existing school facilities the district is eligible for a New Construction Excessive Cost Hardship Grant equal to the difference in the amount provided by the New Construction Grant and the amount shown below, based on the number of classrooms, including classrooms used for Individuals with Exceptional Needs, in the project:

Classrooms in projectElementary SchoolMiddle SchoolHigh School
1$160,000$674,000$1,466,000
2$377,000$756,000$1,525,000
3$566,000$840,000$1,885,000
4$717,000$932,000$2,205,000
5$842,000$1,028,000$2,428,000
6$1,021,000$1,125,000$2,651,000
7$1,202,000$1,222,000$2,874,000
8$1,341,000$1,328,000$3,046,000
9$1,341,000$1,440,000$3,184,000
10$1,577,000$1,553,000$3,321,000
11$1,577,000$1,666,000$3,459,000
12$1,660,000$3,585,000
13$3,709,000
14$3,833,000
15$3,958,000
16$4,082,000
17$4,207,000
18$4,331,000
19$4,455,000
20$4,580,000
21$4,704,000
22$4,828,000

The amounts shown above will be adjusted annually in the manner prescribed in Section 1859.71.

Any Excessive Cost Hardship Grant provided under this subsection for a new school project shall be offset against future New Construction Grant funds provided for that same school. The amount of the offset shall be determined by dividing the additional New Construction Grant pupil request by the difference in the New Construction Grant pupil request when the initial Excessive Cost Hardship Grant was made and 325 for an elementary school, 324 for a middle school, and 621 for a high school project and multiplying the quotient by the Excessive Cost Hardship Grant funds provided under this subsection for that project.

(2) Excessive Cost Hardship Grants for Alternative Education schools for which the plans and specifications for the project were accepted by the DSA on or after March 24, 2004, or for any Alternative Education schools for which the plans and specifications for the project were accepted by the DSA prior to March 24, 2004 and in lieu of choosing funding under Section 1859.83(c)(1), may request funding as follows:
(A) If the project is for an Alternative Education school on a site with no existing school facilities, the district is eligible for a New Construction Excessive Cost Hardship Grant equal to the difference in the amount provided by the New Construction Grant and the amount shown below, based on the number of classrooms in the project:

Classrooms

Alternative Education New School Allowance

1$434,700
2$527,400
3$921,960
4$1,037,250
5$1,152,540
6$1,267,830
7$1,383,120
8$1,504,170
9$1,629,180
10$1,754,190
11$2,239,290
12$2,364,300
13$2,489,310
14$2,614,320
15$2,739,330
16$2,864,340
17$2,989,350
18$3,114,360
19$3,239,370
20$3,364,380
21$3,489,480
22$3,614,490
23$3,739,500
24$3,864,510
25$3,989,520
26$4,114,530
27$4,239,540

The amounts shown will be adjusted annually in the manner prescribed in Section 1859.71.

(B) If the project is for additional classroom(s) to an existing Alternative Education school constructed under the provisions of 1859.83(c)(2), the district is eligible for a New Construction Excessive Cost Hardship Grant calculated as follows:
1. Determine the amount shown in the chart above in Section 1859.83(c)(2)(A) for the total combined number of classrooms in the current project and all previous projects at the same site. In the first funding request when the total number of classrooms exceeds 27, the amount shown for 27 classrooms shall be used.
2. Subtract the sum of the amount previously apportioned for the New Construction Grant and the funding provided pursuant to Section 1859.83(c)(2) for the sum of the number of classrooms for all previous projects at the same site (exclude the classrooms in the current project) from (B)1.
3. Subtract the New Construction Grant for the current project from the result in (B)2.
(d) Excessive Cost Due to Urban Location, Security Requirements and Impacted Site.
(1) Excluding Joint-Use Projects, the district is eligible for an Excessive Cost Hardship Grant if the district had a project that was previously approved by the DSA, and prior to January 22, 2003, has received SAB approval for a time extension for substantial progress, and if the useable site acreage for the project is:
(A) at least 50 percent but less than 75 percent of the site size recommended by the CDE for the master planned project capacity. The New Construction Excessive Cost Hardship Grant is equal to eight percent of the New Construction Grant and eight percent of the funding authorized by Sections 1859.73.2 and 1859.83(b) and (c).
(B) at least 30 percent but less than 50 percent of the site size recommended by the CDE for the master planned project capacity. The New Construction Excessive Cost Hardship Grant is equal to 15 percent of the New Construction Grant and 15 percent of the funding authorized by Sections 1859.73.2 and 1859.83(b) and (c).
(C) less than 30 percent of the site size recommended by the CDE for the master planned project capacity. The New Construction Excessive Cost Hardship Grant is equal to 50 percent of the New Construction Grant and 50 percent of the funding authorized by Sections 1859.73.2 and 1859.83(b) and (c).
(D) less than 30 percent of the site size recommended by the CDE for the master planned project capacity.
(2) Excluding Joint-Use Projects, the district is eligible for an Excessive Cost Hardship Grant if all of the following conditions are met, as applicable:
(A) the Useable Acres of the site for the project are 60 percent or less of the CDE recommended site size based on:
1. the current CBEDS Report at the existing site, if any, at the time of the CDE final plan approval for the project, if any, plus the greater of the Net School Building Capacity of the final new construction project plans submitted to the DSA as calculated in Education Code Section 17071.25(a)(2) or the pupil grants requested in the COS or Charter School project. The Useable Acres will include the existing site that is being utilized for this project plus any additional acreage to be acquired as a part of the Application.
2. the current CBEDS Report at the site at the time of the CDE final plan approval for the modernization project.
(B) at least 60 percent of the classrooms in the construction plans are in multistory facilities for any type of new construction project.
(C) the value of the site being acquired for a new construction project on a new site is at least $750,000 per Useable Acre.
(3) If the criteria in (d)(2) are met, the Excessive Cost Hardship Grant:
(A) for new construction is equal to 15 percent of the New Construction Grant and 15 percent of the funding authorized by Sections 1859.73.2 and 1859.83(b) and (c) for a project with a site that is 60 percent of the CDE recommended site size plus 1.166 percent for each percentage decrease in the CDE recommended site size below 60 percent. In no event shall the amount provided in this subsection for a new construction project on a new site exceed 50 percent of the cost avoided with the purchase of a site smaller than the CDE recommended site size for the number of the pupil grants requested in the Application determined as follows:
1. The current estimated value of the project site as determined in Section 1859.74.6(a)(1).
2. Divide the amount in (A)1. by the number of Useable Acres.
3. Multiply the quotient in (A)2. by the number of Useable Acres recommended by CDE for the number of pupils described in Section 1859.83(d)(2)(A)1.
4. Subtract the value in (A)1. from the product in (A)3.
5. Multiply the difference in (A)4. above by 50 percent.
(B) for modernization is equal to 15 percent of the Modernization Grant and 15 percent of the funding authorized by Section 1859.83(b) for a project with a site that is 60 percent of the CDE recommended site size plus 0.333 percent for each percentage decrease of the CDE recommended site size below 60 percent.
(4) For Joint-Use Projects, the district is eligible for an Excessive Cost Hardship Grant if:
(A) the Type I Joint-Use Project's qualifying SFP New Construction project pursuant to Section 1859.123 qualifies for an Excessive Cost Hardship Grant under Section 1859.83(d)(2) and (3)(A).
(B) The Type II Joint-Use Project's qualifying SFP Modernization project pursuant to Section 1859.123.1 qualifies for an Excessive Cost Hardship Grant under Section 1859.83(d)(2) and (3)(B).
(C) the Useable Acres at the existing school site where the Type II Joint-Use Project, not part of a qualifying SFP Modernization project, is to be constructed are 60 percent or less of the CDE recommended site size based on the existing enrollment at this site.
(5) If the criteria in (d)(4)(A) or (C) are met, the Joint-Use Project Excessive Cost Hardship Grant is equal to 15 percent of the funding provided by Section 1859.125(a)(1) through (a)(2), for a project with a site that is 60 percent of the CDE recommended site size plus 1.166 percent for each percentage decrease in the CDE recommended site size below 60 percent. For a Type I Joint-Use Project when the qualifying SFP New Construction project involves new construction on a new site, in no event shall the amount provided in this subsection exceed 50 percent of the cost avoided with the purchase of a site smaller than the CDE recommended site size for the qualifying SFP New Construction project pursuant to Section 1859.123 as calculated in Section 1859.83(d)(3)(A).
(6) If the criteria in (d)(4)(B) are met, the Joint-Use Project Excessive Cost Hardship Grant is equal to 15 percent of the funding provided by Section 1859.125(a)(1) through (a)(2), for a project with a site that is 60 percent of the CDE recommended site size plus 0.333 percent for each percentage decrease in the CDE recommended site size below 60 percent.
(e) Excessive cost due to accessibility and fire code requirements.
(1) The district is eligible for a Modernization Excessive Cost Hardship Grant equal to three percent of the Modernization Grant for accessibility and fire code requirements.
(2) In lieu of three percent funding provided in (1) above, the district has the option of requesting 60 percent of the amount determined in (A), not to exceed 60 percent of the amount determined in (B):
(A) Determine the difference of the verified hard construction costs of the minimum accessibility and fire code work necessary to receive approval from the DSA minus seven percent of the sum of the Modernization Grant and the district matching share of the Modernization Grant pursuant to Section 1859.79.
(B) Determine the difference of 1. minus 2.:
1. Multiply the pupils requested in the application by the New Construction Grant.
2. The sum of the State and district share of the pupils requested on the Form SAB 50-04 multiplied by the grant determined pursuant to Section 1859.78 and 1859.78.3.
(3) The district is eligible for a Modernization Excessive Cost Hardship Grant of:
(A) $80,000 for each new two-stop elevator required to be included in the project by the DSA if the Approved Application was received on or before April 29, 2002.
(B) $60,000 for each new two-stop elevator required to be included in the project by the DSA if the Approved Application was received after April 29, 2002.

The amounts shown in (A) and (B) above shall be adjusted annually in the manner prescribed in Section 1859.78.

(4) The district is eligible for a Modernization Excessive Cost Hardship Grant of:
(A) $14,400 for each additional stop of the new elevator required in (3) above if the Approved Application was received on or before April 29, 2002.
(B) $10,800 for each additional stop of the new elevator required in (3) above if the Approved Application was received after April 29, 2002.

The amounts shown in (A) and (B) above shall be adjusted annually in the manner prescribed in Section 1859.78.

Cal. Code Regs. Tit. 2, § 1859.83

1. New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-29-99 order, including amendment of section, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
5. Amendment of first paragraph filed 1-2-2001 as an emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be repealed by operation of law on the following day.
6. Amendment adding second paragraph following the table in subsection (c) filed 4-5-2001; operative 4-5-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 14).
7. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
8. Amendment of section and NOTE filed 9-16-2002 as an emergency; operative 9-16-2002 (Register 2002, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-2003 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section and NOTE 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.
10. Editorial correction amending subsection (c) (Register 2003, No. 8).
11. Certificate of Compliance as to 9-16-2002 order transmitted to OAL 1-7-2003 and filed 2-19-2003 (Register 2003, No. 8).
12. Amendment filed 2-27-2003 as an emergency; operative 2-27-2003 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-27-2003 or emergency language will be repealed by operation of law on the following day.
13. Amendment refiled 6-19-2003 as an emergency; operative 6-19-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2003 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsection (e) filed 8-25-2003 as an emergency; operative 8-25-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-23-2003 or emergency language will be repealed by operation of law on the following day.
15. Amendment of section and NOTE refiled 10-10-2003 as an emergency; operative 10-10-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2004 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
17. Reinstatement of section as it existed prior to 8-25-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 9).
18. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).
19. Amendment of subsections (b)(3)-(4) and (d)(4)(A), new subsection (d)(4)(B), subsection relettering, amendment of newly designated subsection (d)(4)(C) and subsection (d)(5) and new subsection (d)(6) filed 5-21-2004 as an emergency; operative 5-21-2004 (Register 2004, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-20-2004 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 5-21-2004 order transmitted to OAL 9-20-2004 and filed 11-2-2004 (Register 2004, No. 45).
21. Amendment of subsection (e) filed 12-20-2004 as an emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-19-2005 or emergency language will be repealed by operation of law on the following day.
22. Amendment revising and redesignating second paragraph of subsection (c) as new subsection (c)(1) and adopting new subsections (c)(2)-(c)(2)(B)3. filed 1-31-2005; operative 1-31-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 5).
23. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
24. Amendment of subsection (c)(1), new subsection (c)(3) and amendment of NOTE filed 3-14-2006; operative 3-14-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 11).
25. Amendment of subsection (a)(2) filed 9-5-2006 as an emergency; operative 9-5-2006 (Register 2006, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-3-2007 or emergency language will be repealed by operation of law on the following day.
26. Certificate of Compliance as to 9-5-2006 order transmitted to OAL 1-3-2007 and filed 2-16-2007 (Register 2007, No. 7).
27. Amendment of subsections (f) and (f)(1), new subsections (f)(1)(A)-(f)(2), subsection renumbering and amendment of newly designated subsections (f)(4)(A)-(B) filed 4-25-2007; operative 4-25-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
28. Amendment of subsection (c)(3) filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
29. Amendment of subsections (a)(2), (b)(3)(A)-(b)(4) and (d)(5)-(d)(6) filed 3-3-2008 as an emergency; operative 3-3-2008 (Register 2008, No. 10). A Certificate of Compliance must be transmitted to OAL by 9-2-2008 or emergency language will be repealed by operation of law on the following day.
30. Amendment of subsection (f)(1)(A) filed 4-30-2008; operative 4-30-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 18).
31. Certificate of Compliance as to 3-3-2008 order, including amendment of subsection (d)(1), transmitted to OAL 6-9-2008 and filed 7-10-2008 (Register 2008, No. 28).
32. Repealer of subsection (f)(2), redesignation and amendment of portion of subsection (f)(1) as new subsection (f)(2) and redesignation of former subsections (f)(1)(A)-(f)(1)(B)2. as new subsections (f)(2)(A)-(f)(2)(B)2. filed 11-22-2010; operative 11-22-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 48).
33. Amendment of Geographic Percentage Chart within subsection (a)(2) filed 5-12-2011; operative 5-12-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 19).
34. Amendment of subsection (e) and NOTE filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
35. Amendment of subsections (b)(1)-(2), new subsection (b)(5), amendment of subsection (c)(1) and repealer of subsection (c)(3) filed 8-16-2012; operative 8-16-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 33).
36. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
37. Amendment of subsection (e) filed 11-4-2013; operative 1-1-2014 (Register 2013, No. 45).
38. Amendment of subsection (e) and amendment of NOTE filed 11-3-2015; operative 1-1-2016 (Register 2015, No. 45).
39. Amendment 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.
40. 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 17075.15, Education Code. Reference: Sections 17072.32, 17074.15, 17074.16, 17075.10, 17075.15, 17077.40, 17077.42, 17077.45 and 17250.30, Education Code; and Section 1771.3 in effect on January 1, 2012 through June 19, 2014, Labor Code.

1. New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-29-99 order, including amendment of section, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).
5. Amendment of first paragraph filed 1-2-2001 as an emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be repealed by operation of law on the following day.
6. Amendment adding second paragraph following the table in subsection (c) filed 4-5-2001; operative 4-5-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 14).
7. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
8. Amendment of section and Note filed 9-16-2002 as an emergency; operative 9-16-2002 (Register 2002, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-14-2003 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section and Note 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.
10. Editorial correction amending subsection (c) (Register 2003, No. 8).
11. Certificate of Compliance as to 9-16-2002 order transmitted to OAL 1-7-2003 and filed 2-19-2003 (Register 2003, No. 8).
12. Amendment filed 2-27-2003 as an emergency; operative 2-27-2003 (Register 2003, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-27-2003 or emergency language will be repealed by operation of law on the following day.
13. Amendment refiled 6-19-2003 as an emergency; operative 6-19-2003 (Register 2003, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2003 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsection (e) filed 8-25-2003 as an emergency; operative 8-25-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-23-2003 or emergency language will be repealed by operation of law on the following day.
15. Amendment of section and Note refiled 10-10-2003 as an emergency; operative 10-10-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2004 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
17. Reinstatement of section as it existed prior to 8-25-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 9).
18. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).
19. Amendment of subsections (b)(3)-(4) and (d)(4)(A), new subsection (d)(4)(B), subsection relettering, amendment of newly designated subsection (d)(4)(C) and subsection (d)(5) and new subsection (d)(6) filed 5-21-2004 as an emergency; operative 5-21-2004 (Register 2004, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-20-2004 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 5-21-2004 order transmitted to OAL 9-20-2004 and filed 11-2-2004 (Register 2004, No. 45).
21. Amendment of subsection (e) filed 12-20-2004 as an emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-19-2005 or emergency language will be repealed by operation of law on the following day.
22. Amendment revising and redesignating second paragraph of subsection (c) as new subsection (c)(1) and adopting new subsections (c)(2)-(c)(2)(B)3. filed 1-31-2005; operative 1-31-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 5).
23. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
24. Amendment of subsection (c)(1), new subsection (c)(3) and amendment of Note filed 3-14-2006; operative 3-14-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 11).
25. Amendment of subsection (a)(2) filed 9-5-2006 as an emergency; operative 9-5-2006 (Register 2006, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-3-2007 or emergency language will be repealed by operation of law on the following day.
26. Certificate of Compliance as to 9-5-2006 order transmitted to OAL 1-3-2007 and filed 2-16-2007 (Register 2007, No. 7).
27. Amendment of subsections (f) and (f)(1), new subsections (f)(1)(A)-(f)(2), subsection renumbering and amendment of newly designated subsections (f)(4)(A)-(B) filed 4-25-2007; operative 4-25-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
28. Amendment of subsection (c)(3) filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
29. Amendment of subsections (a)(2), (b)(3)(A)-(b)(4) and (d)(5)-(d)(6) filed 3-3-2008 as an emergency; operative 3-3-2008 (Register 2008, No. 10). A Certificate of Compliance must be transmitted to OAL by 9-2-2008 or emergency language will be repealed by operation of law on the following day.
30. Amendment of subsection (f)(1)(A) filed 4-30-2008; operative 4-30-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 18).
31. Certificate of Compliance as to 3-3-2008 order, including amendment of subsection (d)(1), transmitted to OAL 6-9-2008 and filed 7-10-2008 (Register 2008, No. 28).
32. Repealer of subsection (f)(2), redesignation and amendment of portion of subsection (f)(1) as new subsection (f)(2) and redesignation of former subsections (f)(1)(A)-(f)(1)(B)2. as new subsections (f)(2)(A)-(f)(2)(B)2. filed 11-22-2010; operative 11-22-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 48).
33. Amendment of Geographic Percentage Chart within subsection (a)(2) filed 5-12-2011; operative 5-12-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 19).
34. Amendment of subsection (e) and Note filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
35. Amendment of subsections (b)(1)-(2), new subsection (b)(5), amendment of subsection (c)(1) and repealer of subsection (c)(3) filed 8-16-2012; operative 8-16-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 33).
36. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
37. Amendment of subsection (e) filed 11-4-2013; operative 1-1-2014 (Register 2013, No. 45).
38. Amendment of subsection (e) and amendment of Note filed 11-3-2015; operative 1/1/2016 (Register 2015, No. 45).
39. Amendment 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.
40. Certificate of Compliance as to 8-30-2020 order transmitted to OAL 5-5-2021 and filed 6/16/2021 (Register 2021, No. 25).