Cal. Code Regs. tit. 2 § 1859.145

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1859.145 - Preliminary Apportionment Determination

The Preliminary Apportionment shall be equal to the sum of the following:

(a) The amounts shown below for each pupil included in a Preliminary Application:

(1) $5,226.82 for each elementary school pupil.

(2) $5,533.65 for each middle school pupil.

(3) $7,225.94 for each high school pupil.

(4) $16,653.06 for each pupil that is a Severely Disabled Individual with Exceptional Needs.

(5) $11,137.37 for each pupil that is a Non-Severely Disabled Individual with Exceptional Needs.

(b) An amount equal to 12 percent of the amount determined in (a) for multilevel construction, if requested by the district.

(c) An amount equal to one-half of the site acquisition value determined in Section 1859.145.1.

(d) An amount for site development cost determined, at the option of the district, by one of the following:

(1) One-half of the Site Development Cost for the specific site as authorized by Section 1859.76.

(2) One-half of the Site Development Cost as authorized by Section 1859.76 using historical information in the General Location. Historical information that may be considered to determine this estimated cost may include prior SFP projects of the district or other districts in the General Location.

(3) $70,000 multiplied by the proposed acres requested on the Form SAB 50-08.

(e) If the Preliminary Application request is for a small new school on a site with no existing school facilities, an amount equal to the difference in the amount determined in (a) and the amount shown in the Chart in Section 1859.83(c). To determine the number of classrooms in the proposed project, divide the number of pupils requested on Form SAB 50-08, by 25 for elementary school pupils, 27 for middle and high school pupils, 13 for Non-Severely Disabled Individuals with Exceptional Needs and 9 for Severely Disabled Individuals with Exceptional Needs. Round up.

(f) An amount due to urban location, security requirements and impacted site equal to 15 percent of the amount determined in (a) for 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 below 60 percent when the following criteria are met:

(1) The district has requested an increase for multilevel construction pursuant to (b) above.

(2) The Useable Acres of the existing and/or proposed site are 60 percent or less of the CDE recommended site size determined by multiplying the sum of the pupil grants requested on Form SAB 50-08, and the current CBEDS enrollment on the site (if applicable) by .01775 for elementary school pupils, .021 for middle school pupils and .02472 for high school pupils. For purposes of this calculation, assign Severely Disabled Individuals with Exceptional Needs and Non-Severely Disabled Individuals with Exceptional Needs pupil grants requested on Form SAB 50-08, as either elementary, middle or high school pupils based on the type of project selected by the district on Form SAB 50-08. For purposes of COS projects, if the site for which the Preliminary Apportionment is requested is a Source School, for purposes of assigning Qualifying Pupils in the Preliminary Application, subtract those Qualifying Pupils from the current CBEDS enrollment on the site before completing this calculation.

(3) The value of the property as determined in Section 1859.145.1(a)(1) is at least $750,000 per Useable Acre. This criterion does not apply to an application for an addition to an existing school site.

(g) An amount for the geographic location of the proposed project equal to the sum of the amounts determined in (a), (b), (d)(3), (e) and (f) multiplied by the indicated percentage factor in the Geographic Percentage Chart shown in Section 1859.83(a).

(h) For purposes of COS projects, an amount equal to 12 percent of the sum of the amounts determined in (a) through (g) for all Preliminary Applications received no later than May 1, 2003. For all Preliminary Applications received after May 1, 2003 an amount equal to the sum of the amounts determined in (a) through (g) multiplied by a factor determined as follows:

(1) Divide the January Class B Construction Cost Index in effect at the time of Preliminary Apportionment by the January Class B Construction Cost Index in effect four years prior to the Preliminary Apportionment. Round to four decimal places.

(2) Subtract 1 from the quotient in (1). Round to two decimal places.

(i) If the district qualifies for financial hardship assistance pursuant to Section 1859.81 at the time of submittal of the Preliminary Application, an amount equal to the sum of the amounts determined in (a) through (h) less any district funds determined available for the project pursuant to Section 1859.81(a). Districts must meet the financial hardship criteria pursuant to Section 1859.81 at the time the request is made to convert the Preliminary Apportionment to a Final Apportionment, including an accountability of any district contribution made available at the time of the Preliminary Apportionment was made, in order to continue with financial hardship assistance for the project.

(j) If the district received an apportionment prior to November 5, 2002 pursuant to Section 1859.81.1(e), an amount equal to the sum of the amounts determined in (a) through (i) less the previously authorized apportionment amount.

The amounts shown in (a) shall be adjusted in a manner prescribed in Section 1859.71. For any project funded in whole or in part from Proposition 47 or Proposition 55 for which the construction contract is awarded prior to January 1, 2012, the district may be eligible for the funding provided to initiate and enforce a LCP as prescribed in Section 1859.71.4(a). For any project for which the construction contract is awarded on January 1, 2012 through June 19, 2014, the grant may be adjusted in the manner prescribed in Section 1859.71.4(c) and subject to the limitations established in Section 1859.71.4(d).

Cal. Code Regs. Tit. 2, § 1859.145

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 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.
3. New subsection (j) 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 emergency language will be repealed by operation of law on the following day.
4. 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.
5. Amendment of last paragraph 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.
6. New subsection (j) 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.
7. Amendment 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.
8. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
9. New subsection (j) 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.
10. 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).
11. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).
12. Certificate of Compliance as to 12-22-2003 order transmitted to OAL 4-19-2004 and filed 5-25-2004 (Register 2004, No. 22).
13. Amendment of subsections (d)(3), (e), (f)(2) and (h) filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsections (f)(3) and (h) and new subsections (h)(1)-(2) filed 7-2-2004; operative 7-2-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 27).
15. Editorial correction of subsection (h)(2) (Register 2004, No. 46).
16. Certificate of Compliance as to 6-1-2004 order transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
17. Amendment of last paragraph 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.
18. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
19. Amendment of subsection (j) 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.
20. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
21. Amendment of subsection (j) and amendment of NOTE filed 11-3-2015; operative 1-1-2016 (Register 2015, No. 45).

Note: Authority cited: Sections 17070.35 and 17075.15, Education Code. Reference: Sections 17075.10, 17078.10, 17078.24 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 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 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.
3. New subsection (j) 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 emergency language will be repealed by operation of law on the following day.
4. 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.
5. Amendment of last paragraph 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.
6. New subsection (j) 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.
7. Amendment 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.
8. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
9. New subsection (j) 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.
10. 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).
11. Certificate of Compliance as to 10-10-2003 order transmitted to OAL 2-9-2004 and filed 3-23-2004 (Register 2004, No. 13).
12. Certificate of Compliance as to 12-22-2003 order transmitted to OAL 4-19-2004 and filed 5-25-2004 (Register 2004, No. 22).
13. Amendment of subsections (d)(3), (e), (f)(2) and (h) filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsections (f)(3) and (h) and new subsections (h)(1)-(2) filed 7-2-2004; operative 7-2-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 27).
15. Editorial correction of subsection (h)(2) (Register 2004, No. 46).
16. Certificate of Compliance as to 6-1-2004 order transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
17. Amendment of last paragraph 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.
18. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
19. Amendment of subsection (j) 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.
20. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
21. Amendment of subsection (j) and amendment of Note filed 11-3-2015; operative 1/1/2016 (Register 2015, No. 45).