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 7 - Modernization Eligibility Determination
Section 1859.60 - Calculation to Determine Modernization Baseline Eligibility

Cal. Code Regs. tit. 2 § 1859.60

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1859.60 - Calculation to Determine Modernization Baseline Eligibility

The district shall calculate its modernization eligibility for each school site with the completion of the Form SAB 50-03. The eligibility determination may be made by either identifying all classrooms on the site pursuant to (a) or by the identification of all square footage on the site pursuant to (b), as follows:

(a) Identify all classrooms at the school site that would have been included in the Gross Classroom Inventory pursuant to Section 1859.31 that are:
(1) Permanent and at least 25 years old.
(2) Portable and at least 20 years old.
(3) The remaining classrooms not reported in (1) or (2) above.
(b) Identify all square footage at the school site that is:
(1) Permanent area and at least 25 years old.
(2) Portable classroom area and at least 20 years old.
(3) The remaining square footage on the site not reported in (1) or (2) above.

The age of the classroom or square footage shall begin 12 months after the plans for the building were approved by the DSA; or in the case of permanent or portable classrooms that were previously modernized with State funds or rehabilitated under the Charter School Facilities Program, the 25/20 year period shall begin on the date of its previous apportionment. For purposes of identifying square footage at a school site, include the total enclosed exterior square footage of the school buildings. For multilevel buildings, include the square footage at each level.

Enrollment at the school shall be the latest CBEDS report for K-6, 7-8 and 9-12 pupils. If the school is closed at the time of application for eligibility determination for modernization, and the district intends to reopen it and use it as a school for at least the next five years, the enrollment may be estimated based on district demographic data.

The calculated eligibility determined on the Form SAB 50-03, shall be referred to as the modernization baseline eligibility for the specific school site.

Cal. Code Regs. Tit. 2, § 1859.60

1. New article 7 (sections 1859.60-1859.61) and 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. Change without regulatory effect amending first and last paragraphs filed 12-23-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 52).
3. New article 7 (sections 1859.60-1859.61) and 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.
4. New article 7 (sections 1859.60-1859.61) and 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.
5. 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).
6. Amendment of first and last paragraphs filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
7. Amendment of first and last paragraphs filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).
9. Amendment of first and last paragraphs 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.
10. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
11. Amendment of first and last paragraphs filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
12. Amendment of first and last paragraphs 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.
13. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
14. Amendment of first paragraph and subsections (a)(1)-(2), (b)(1)-(2) and penultimate paragraph filed 2-3-2005; operative 2-3-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 6).
15. Amendment of subsection (b)(3) filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).

Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17073.15, 17073.20 and 17074.10, Education Code.

1. New article 7 (sections 1859.60-1859.61) and 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. Change without regulatory effect amending first and last paragraphs filed 12-23-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 52).
3. New article 7 (sections 1859.60-1859.61) and 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.
4. New article 7 (sections 1859.60-1859.61) and 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.
5. 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).
6. Amendment of first and last paragraphsfiled 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).
7. Amendment of first and last paragraphs filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).
9. Amendment of first and last paragraphs 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.
10. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).
11. Amendment of first and last paragraphs filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).
12. Amendment of first and last paragraphs 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.
13. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).
14. Amendment of first paragraph and subsections (a)(1)-(2), (b)(1)-(2) and penultimate paragraph filed 2-3-2005; operative 2-3-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 6).
15. Amendment of subsection (b)(3) filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).