Cal. Code Regs. tit. 2 § 1859.70.2

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

Section 1859.70.2 - Funding of Previously Ineligible Projects

For any classrooms that were previously ineligible for State funding due to the construction contract being signed more than 180 days prior to the submission of the Approved Application, the district may request funding for the project if all the following conditions are met:

(a) The Approved Application for funding must be filed with the OPSC no later than 120 days after this proposed regulation is in effect;

(b) The Approved Application meets all requirements of Chapter 12.5, the Leroy F. Greene School Facilities Act of 1998;

(c) The contract for the lease, lease-purchase, purchase or construction has been signed on or after January 1, 2000;

(d) The grants for the projects funded pursuant to this Section shall be limited to actual eligible expenditures and the funding provided will be calculated based on the grant amounts at the time the construction contract was signed;

(e) The district has new construction eligibility for the project. If the capacity of the project is included in the district's baseline, the district may exclude the capacity from its existing school building capacity for purposes of determining eligibility for this project; and

(f) All project approvals required for a new construction funding application were obtained prior to the construction contract date.

If the Approved Application meets all criteria except (f) above, the district may request a case-by-case approval from the Board.

Cal. Code Regs. Tit. 2, § 1859.70.2

Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17071.10, 17071.75, 17072.10 and 17072.20, Education Code.

1. New section filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-22-2004 order transmitted to OAL 11-12-2004 and filed 12-16-2004 (Register 2004, No. 51).
3. Amendment of subsections (a)-(e) filed 2-1-2024; operative 2/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).