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«INITIAL STATEMENT OF REASONS SCHOOL FACILITY PROGRAM REGULATIONS Section 1859.2. Definitions. Specific Purpose of the Regulation To provide the ...»

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INITIAL STATEMENT OF REASONS

SCHOOL FACILITY PROGRAM REGULATIONS

Section 1859.2. Definitions.

Specific Purpose of the Regulation

To provide the meaning of additional specific term that is essential to these regulations, to make

minor non-substantive changes to existing terms, and to add a reference to a new regulation

subsection that provides a grant for prevailing wage monitoring and enforcement costs.

Need for the Regulation “Charter School Facilities Program Rehabilitation Grant”: It was necessary to add this definition as it allows for simpler regulatory language for Charter School Facilities Program rehabilitation supplemental grants. It was also necessary to add this definition for specific words and terms that are used extensively in these regulations as it eliminates the need for restating definitions at every instance of use.

“Financially Sound”: It was necessary to make minor non-substantive changes to correct a reference to a specific subsection of the Education Code and the name of the California Code of Regulations.

“Preliminary Charter School Application”: It was necessary to make minor grammatical changes in order to maintain consistency throughout the State Allocation Board’s (SAB) regulations.

These are considered non-substantive changes.

“Preliminary Charter School Apportionment”: It was necessary to make a minor non-substantive change to correct a reference to a specific subsection of the Education Code.

“Total Projected Bond Apportionment”: It was necessary to add a reference to a new regulation section that provides a grant for prevailing wage monitoring and enforcement costs, which was excluded from the meaning of this term.

Section 1859.77.4. Addition to a Site and Modernization Grant for High Performance Incentive.

Specific Purpose of the Regulation To add the term “Charter School Facilities Program Rehabilitation Grant,” to the list of grants that determine the High Performance Incentive grant and to make minor-non substantive changes.

Need for the Regulation Subsection (b): It was necessary to add a reference to a new paragraph that refers to the Charter School Facilities Program Rehabilitation Grant, and to revise references to subsequent paragraphs that were renumbered because of the new addition.

Subsection (b)(6): It was necessary to add a reference to the new defined term, “Charter School Facilities Program Rehabilitation Grant” to clarify that Charter School Facilities Program (CSFP) rehabilitation projects remain eligible to receive a High Performance Incentive grant.

Subsections (b)(7), (b)(8) and (b)(9): It was necessary to renumber these subsections due to the addition of subsection (b)(6). These are considered non-substantive changes.

Section 1859.106.1. Repayment of State Funds.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation Introductory paragraph and subsection (c): Throughout these sections, it was necessary to make minor grammatical changes in order to maintain consistency throughout the SAB’s regulations. These are considered non-substantive changes.

Section 1859.160. General.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation Throughout this section, it was necessary to make minor non-substantive changes replacing the word “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.161. Preliminary Charter School Application Submittals.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation It was necessary to make a minor non-substantive change replacing the word “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. This regulatory amendment allows both charter schools and school districts to apply for CSFP funding.

Section 1859.162. General Preliminary Charter School Apportionment Eligibility Criteria.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation It was necessary to make minor non-substantive changes replacing the words “A” with “an,” and “Charter School,” and “charter school” with “applicant,” and capitalizing the first letters of “Charter School,” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.163. Approval of Applications for Preliminary Charter School Apportionments.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation It was necessary to make minor non-substantive changes replacing the word “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.163.1. Preliminary Charter School New Construction Apportionment Determination.





Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation

Subsections (a)(2), (a)(3), (a)(4)(B), (a)(5)(A), (a)(5)(B), (a)(6)(A), (a)(9), (b)(2), (c)(3), (f) and (g):

It was necessary to make minor non-substantive changes replacing the word “Charter School,” or the word “district,” or the words “school district” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.163.4. Preliminary Charter School Rehabilitation Apportionment Eligibility Criteria.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation Subsection (d): It was necessary to make a minor non-substantive change capitalizing the first letters of “Charter School” in order to maintain consistency throughout the SAB’s regulations.

Section 1859.163.5. Preliminary Charter School Rehabilitation Apportionment Determination.

Specific Purpose of the Regulation  To align CSFP rehabilitation supplemental grants with the requirements of the Education Code [Education Code Section 17078.54(d)].

 To clarify the calculation of project classroom capacity for purposes of subsection (a)(2).

 To clarify requirements and calculations for initiating and enforcing a labor compliance program for purposes of a Preliminary Charter School Rehabilitation Apportionment supplemental grant.

 To clarify requirements and calculations for prevailing wage monitoring and enforcement costs for purposes of a Preliminary Charter School Rehabilitation Apportionment supplemental grant.

 To facilitate understanding by restating in two subsections the existing criteria about Charter Schools paying their matching shares through the form of lease payments, rather than in one concluding subsection.

 To make non-substantive changes.

Need for the Regulation

Subsection (a)(2)(A): It was necessary to amend this subsection to clarify the method of calculating the project’s classroom capacity. Because CSFP rehabilitation projects are not funded on a per-pupil grant basis, it is not possible to determine project capacity by using the amount of pupil grants requested as would be done with modernization projects. Also, it was necessary to make a minor non-substantive change replacing the word “district” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Subsection (a)(2)(B): It was necessary to amend this subsection to clarify the method of calculating the project’s classroom capacity. Because CSFP rehabilitation projects are not funded on a per-pupil grant basis, it is not possible to determine project capacity by using the amount of pupil grants requested as would be done with modernization projects. Also, it was necessary to make a minor non-substantive change replacing the word “district” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section (a)(5), line 1: It was necessary to change “$60,000” to “$84,082” for Preliminary Charter School Rehabilitation Apportionment calculations for new two-stop elevators in order to align these supplemental grants with the requirements of the Education Code [Education Code Section 17078.54(d)]. This supplemental grant was based on a 60 percent state share and 40 percent local matching share basis, but the Education Code requires CSFP grants to be on a 50 percent state share and a 50 percent local share basis. The $84,082 figure is based on an initial cost of $100,898 (grant amount for a two-stop elevator) multiplied by 50 percent then divided by 60 percent equals $84,082.

Section (a)(5), line 2: It was necessary to change “$10,800” to “$15,133” for Preliminary Charter School Rehabilitation Apportionment calculations for each additional stop for elevators beyond two stops, in order to align these supplemental grants with the requirements of the Education Code [Education Code Section 17078.54(d)]. This supplemental grant was based on a 60 percent state share and 40 percent local matching share basis, but the Education Code requires CSFP grants to be on a 50 percent state share and a 50 percent local share basis. The $15,133 figure is based on an initial cost of $18,160 (grant amount for an additional stop elevator) multiplied by 50 percent then divided by 60 percent equals $15,133.

Section (a)(7): It was necessary that the words “Charter School” are amended to “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. This regulatory amendment allows both charter schools and school districts to apply for CSFP funding.

Section (b): It was necessary to add clarifying language to let school districts and charter schools know that a determination will be made for Labor Compliance Program or prevailing wage monitoring costs based on certain scenarios.

Subsection (b)(1): This new subsection was necessary to add clarifying language to describe the projects that are required to initiate and enforce a Labor Compliance Program, and to introduce the calculation of the Labor Compliance Program grant. This clarification was necessary because this subsection previously referred to Section 1859.71.4(a), which is specific to new construction projects.

Subsection (b)(1)(A): This new subsection was necessary to clarify that the Labor Compliance Program grant calculation is based on the costs of a CSFP rehabilitation project, and the amount determined in the chart in Section 1859.71.4(b). This language is similar to Labor Compliance Program grant regulations for modernization projects in Section 1859.78.1(a)(1), except this section refers to CSFP rehabilitation projects rather than modernization.

Subsection (b)(1)(B): This new subsection was necessary to clarify that the Labor Compliance Program grant calculation includes lease payments for the applicant’s matching share of CSFP projects.

Subsection (b)(2): It was necessary to delete the existing language and add clarifying language that the projects may qualify for the prevailing wage monitoring grant and to clarify the calculation of the grant. This clarification was necessary because this subsection previously referred to Section 1859.71.4(c), which is specific to new construction projects.

Subsection (b)(2)(A): This new subsection was necessary to clarify that the prevailing wage monitoring calculation includes lease payments for the applicant’s matching share of CSFP projects.

Subsection (b)(3): It was necessary to delete the existing language and add language specific to the Labor Compliance Program grant and the prevailing wage monitoring grant in order to make it clear that the provisions apply to both grants.

Subsection (d): It was necessary to make minor non-substantive changes replacing the word “school district” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. This regulatory amendment allows both charter schools and school districts to apply for CSFP funding.

Subsection (e): It was necessary to make minor non-substantive changes replacing the words “district” and “school district” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.164. Application Funding Criteria.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation It was necessary to make minor non-substantive changes replacing the words “a” with “an” and “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.164.1. Calculation of Preference Points.

Specific Purpose of the Regulation To make a non-substantive change.

Need for the Regulation It was necessary to make a minor non-substantive change replacing the word “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. This regulatory amendment allows both charter schools and school districts to apply for CSFP funding.

Section 1859.164.2. Preliminary Charter School Apportionment Fund Release.

Specific Purpose of the Regulation To make non-substantive changes.



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