Legal Resources | Code of Regulations, Title 2 | 1859.105.1
Program Accountability Environmental Hardship
(a) When the district has received funds pursuant to Section 1859.75.1, the Board shall conduct a review to assure the district has made progress towards acquisition of the site pursuant to Education Code Section 17072.13(c)(2). The review shall consist of an analysis of the district's progress report in accordance with Section 1859.104(c). Acceptable evidence of substantial progress shall be when the district has completed all of the following:
(1) Obtained the final appraisal of the site.
(2) Completed all California Environmental Quality Act requirements.
(3) Obtained final approval of the site by the CDE.
(4) Provided final escrow instructions or evidence the district has filed condemnation proceedings and intends to request an order of possession of the site.
After the Board has received the progress report required in Section 1859.104(c) a review and analysis of the report by the OPSC will be made for compliance with this Section within 60 days of the submittal of the report by the district. The OPSC must notify the district within 60 days of the submittal of the report if it intends to recommend to the Board that the district has not made progress towards acquiring the site. If the OPSC does not respond to the district within 60 days of submittal of the report, the OPSC concurs with the district that it has made progress to the site acquisition.
Should the OPSC respond within 60 days of submittal of the progress report by the district that no progress has been made towards site acquisition or the district fails to submit the progress report within the timelines in Section 1859.104(c), the OPSC will recommend at the next available Board meeting that the site apportionment for the project be rescinded and that any interest earned on State funds be returned to the State. If the apportionment is rescinded as a result of a finding by the Board that no progress has been made towards acquiring the site, the pupils assigned to the project will be added to the district's baseline eligibility.
(b) The district may request one-year extensions of the site apportionment as authorized by Education Code Section 17072.13(c)(2). Acceptable criteria for approval of an extension are any of the following:
(1) The district has received letters from the DTSC and the CDE that indicate the agency concurs that the district is making reasonable progress towards acquisition of the site.
(2) Other reasonable evidence of effort the district has made towards acquiring the site as approved by the Board.
Authority cited:
Education Code 17070.35
Education Code 17072.13
Reference:
Education Code 17070.35
Education Code 17072.13
Education Code 17076.10
(Added by Register 2000, No. 26)