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Procedures for Site Acquisition-Self-Certified Districts.   

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(a) Districts with self-certified projects as defined in Education Code Section 17706(c) shall certify to the California Department of Education that the proposed site complies with the site selection standards in Section 14010. A self-certified district is one which has requested and received designation from the office of Local Assistance as a self-certified district.

(b) Districts with self-certified projects need not submit items (c) through (l) in Section 14011 but shall maintain the records for the purposes of an audit in accordance with Education Code Section 17724(c).

(c) Self-certified districts shall be subject to random audits of the information contained in Section 14010 and Section 14011(c) through (l) of this article. The California Department of Education shall notify the State Allocation Board of any material inaccuracies or misrepresentation from the standards for site selection in Section 14010.

(d) In the event of receiving a complaint of noncompliance with the site selection standards in Section 14010, the California Department of Education shall notify the governing board of the school district in writing of the nature of the complaint. The self-certified district shall make available for review and investigation by the California Department of Education the documents used in their site selection process. After notification of the results of the complaint investigation by the California Department of Education, the district shall comply with the requirements of Education Code Section 39101(b).

(e) Self-certified districts may request advice from the California Department of Education as described in Education Code Section 39101(a).

(f) Self-certified districts shall prepare documentation of and retain for purposes of an audit in accordance with Education Code Section 17724(c) the exemption from any standards in Section 14010 of this article with a description of the mitigation that overrides the standard. Self-certified districts may request from the California Department of Education a review of the adequacy of the mitigation measure.

Authority cited:

Education Code 17724(b)

Education Code 39101(b)

Reference:

Education Code 17706(c)

Education Code 17724(c)

Education Code 17724(d)

Education Code 39101(a)

(Amended by Register 93, No. 46.)