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Legal Resources | Code of Regulations, Title 2 |    1859.202  

Chapter 3. Department Of General Services subchapter4. Office Of Public School Construction sub group 3.5. Regulations Relating To Surplus School property; Use Of proceeds   

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For the purpose of these regulations, the terms set forth below shall have the following meanings, subject to the provisions of the law:

"ADA" means the federal Americans with Disabilities Act of 1990 codified in Section 12101 et seq. Title 42, United States Code.

"Administration Costs" means the costs associated with the preparation and submittal of the Federal Renovation Program application to the State and the costs necessary to assure all state application requirements have been met.

"Apportionment" means a reservation of funds by the Board for eligible Federal Renovation Program applications.

"Board" means the State Allocation Board as established by Section 15490 of the Government Code.

"CBEDS Report" means the enrollment information provided through the California Basic Education Data System by the Local Educational Agency to the California Department of Education.

"Charter School" means a school established in accordance with the provisions of Education Code Sections 47605 through 47608.

"Community School Pupil" means a pupil meeting one or more of the conditions described in Subdivision (b) of Education Code Section 48662 or any of the conditions described in Education Code Section 1981.

"Deferred Maintenance Program (DMP)" means the state deferred maintenance funding authorized by Education Code Sections 17582 through 17588.

"DMP Critical Hardship Unfunded List" means an information list of critical hardship projects authorized by Education Code Section 17587 approved by the Board.

"Federal Renovation Program (FRP)" means the Federal School Repair and Renovation Program authorized by Section 1(a)(1), United States Department of Education Consolidated Appropriations Act of 2001 (Public Law 106-554).

"High Poverty Local Educational Agency" means an LEA that has at least 30 percent of its pupils defined as Poor Children or has at least 10,000 of its pupils defined as Poor Children.

"Impacted LEA" means an LEA that meets the requirements of Section (a)(3) of the United States Department of Education Consolidated Appropriations Act of 2001 (Public Law 106-554).

"Local Educational Agency" means an entity that meets the requirements of Section 14101(18)(A) or (B) of the federal Elementary and Secondary Education Act of 1965.

"Mello-Roos Bonds" means the bonds that are authorized under the provisions of the Mello-Roos Community Facilities Act of 1982, commencing with Government Code Section 53311.

"Office of Public School Construction (OPSC)" means the State office within the Department of General Services that assists the Board as necessary and administers the FRP on behalf of the Director.

"OPSC Deferred Maintenance Program Critical Hardship Workload List" means a list of critical hardship applications authorized by Education Code Section 17587 submitted to the OPSC but not yet included on the DMP Critical Hardship Unfunded List.

"OPSC Modernization Workload List" means a list of SFP modernization projects for which the LEA has submitted all necessary application documents to the OPSC that are required to be submitted as identified in the General Information Section of Forms SAB 50-01, Enrollment Certification/Projection,(Revised 03/05); SAB 50-02, Existing School Building Capacity, (Revised 09/02); SAB 50-03, Eligibility Determination, (Revised 09/06); and SAB 50-04, Application for Funding, as specified in Section 1859.2 "Form SAB 50-04," under the SFP.

"Poor Children" means children five to seventeen years of age who are from families with an income below the poverty line as defined by the federal Section 673(2) of the Omnibus Budget Reconciliation Act of 1981 [42 U.S.C. 9902(2)].

"Private School" means an entity that has filed an affidavit or statement with the Superintendent of Public Instruction pursuant to Education Code Section 33190.

"Public Law 106-554" means Section 1(a)(1), United States Department of Education Consolidated Appropriations Act of 2001.

"Rehabilitation Act" means Section 504 of the Rehabilitation Act of 1973 codified in Section 794 of Title 29, United States Code.

"Rural Local Educational Agency" means a LEA in which the plurality of the pupils are in schools that are in Locale Codes of 7 and 8 as defined by the United States Department of Education's National Center for Education Statistics.

"School Facilities Improvement District" means a legal entity authorized by Education Code Section 15300 to generate school facilities funding.

"School Facility Program (SFP)" means the Leroy F. Greene School Facilities Act of 1998.

"SFP Modernization Unfunded List" means an information list of unfunded modernization projects approved under the provisions of the SFP.

"Section" means a section in these Subgroup 5.6 regulations.

"Special Day Class Pupil" means an individual with exceptional needs as described in Education Code Section 56026 as further defined and classified in 34 Code of Federal Regulations Part 300.5.

"State Educational Agency" means the California Department of Education.

Authority cited:

Government Code 15502

Government Code 15503

Education Code 12300

Reference:

Government Code 15504

Public Law321

(Amended By Register 2008, No. 18.)