Section 1859.163.1 - Preliminary Charter School New Construction Apportionment DeterminationThe Preliminary Charter School New Construction Apportionment shall be determined as follows:
(a) The Preliminary Charter School Apportionment for construction costs shall be equal to the sum of (1) through (8) below: (1) The amounts shown below for each pupil, based on the project capacity, included in a Preliminary Charter School Application: (A) $5,227 for each elementary school pupil.(B) $5,534 for each middle school pupil.(C) $7,226 for each high school pupil.(D) $16,653 for each pupil that is a Severely Disabled Individual with Exceptional Needs.(E) $11,137 for each pupil that is a Non-Severely Disabled Individual with Exceptional Needs.(2) An amount equal to 12 percent of the amount determined in (1) for multilevel construction, if requested by the applicant.(3) An amount for site development cost determined, at the option of the applicant, by one of the following:(A) One-half of the site development cost for the specific site as authorized by Section 1859.76.(B) One-half of the site development cost as authorized by Section 1859.76 using historical information in the Charter School General Location. Historical information that may be considered to determine this estimated cost may include prior SFP projects of the district or other districts in the Charter School General Location.(C) $70,000 multiplied by the proposed acres requested on the Form SAB 50-09.(4) General Site Development costs within school property lines for an addition to an existing school site project wherein additional acreage is acquired or a new school project, determined as follows: (A) $9,600 per proposed acre requested on the Form SAB 50-09. This sum may be increased pursuant to the provisions in Section 1859.83(b). The per acre amount shown above shall be adjusted annually in the manner prescribed in Section 1859.71.(B) 6 percent for Elementary School Pupils and Middle School Pupils and 3.75 percent for High School Pupils of the funding provided by Sections 1859.163.1(a)(1). For purposes of this calculation, the percentage amount for Severely Disabled Individuals with Exceptional Needs and Non-Severely Disabled Individuals with Exceptional Needs pupils shall be based on the type of project selected by the applicant on the Form SAB 50-09.(C) 6 percent for Elementary School Pupils and Middle School Pupils and 3.75 percent for High School Pupils of the funding provided by Sections 1859.163.1(a)(2) and (5).(5) If the Preliminary Application request is for a small project that will house no more than 200 pupils, an amount pursuant to the following:(A) If the project will house less than 101 pupils, the applicant is eligible for an amount equal to 12 percent of the funding provided by (a)(1).(B) If the project will house between 101 and 200 pupils, the applicant is eligible for an amount equal to four percent of the funding provided by (a)(1).(6) An amount due to urban location, security requirements and impacted site equal to 15 percent of the amount determined in (1) and (5), plus 1.166 percent for each percentage decrease in the CDE recommended site size below 60 percent when the following criteria are met: (A) The applicant has requested an increase for multilevel construction pursuant to (2) above.(B) The Useable Acres of the existing and/or proposed site are 60 percent or less of the CDE recommended site size.(C) The value of the property as determined in Section 1859.163.2(a) is at least $750,000 per Useable Acre. This criterion does not apply to an application for an addition to an existing school site.(7) An amount for the geographic location of the proposed project equal to the sum of the amounts determined in (1), (2), (3)(C), (4)(A) and (B), (5) and (6) multiplied by the indicated percentage factor in the Geographic Percentage Chart shown in Section 1859.83(a).(8) For all Preliminary Apportionments received after February 23, 2005, an amount equal to the sum of the amounts determined in (1) through (6) multiplied by a factor determined as follows: (A) Divide the January Class B Construction Cost Index in effect at the time of the Preliminary Apportionment by the January Class B Construction Cost Index in effect four years prior to the Preliminary Apportionment. Round to four decimal places.(B) Subtract 1 from the quotient in (A). Round to two decimal places.(9) If the applicant is paying its matching share through the form of lease payments, pursuant to Section 1859.168, the value of the lease as determined by the Authority attributable to the items in (1) through (8) above.(b) The Preliminary Charter School Apportionment for site acquisition costs shall be: (1) Equal to one-half of the site acquisition value determined in Section 1859.163.2(a) and (c).(2) If the applicant is paying its matching share through the form of lease payments, pursuant to Section 1859.168, the value of the lease as determined by the Authority attributable to (1) above.(c) The Preliminary Charter School Apportionment to initiate and enforce a LCP or to provide for the prevailing wage monitoring and enforcement costs shall be: (1) 50 percent of the amount to initiate and enforce a LCP as prescribed in Section 1859.71.4(a), if required by the Labor Code, or(2) 50 percent of the amount of the prevailing wage monitoring and enforcement costs as prescribed in Section 1859.71.4(c), if required by the Labor Code, and(3) If the applicant is paying its matching share through the form of lease payments, pursuant to Section 1859.168, the value of the lease as determined by the Authority attributable to either (1) or (2) above, as applicable.(d) The total amount calculated in (a) above will be added to any amount calculated in (b) and (c) above, which will provide the Preliminary Charter School Apportionment amount. The amounts shown in (a)(1) shall be adjusted annually in the manner prescribed in Section 1859.71.
Subsection (a)(4) of this section shall be suspended no later than January 1, 2008, unless otherwise extended by amendments as adopted by the Board.
(e) Pursuant to Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, any public works project paid in whole or in part from public funds that are derived from bonds issued by the State and for which the construction contract is awarded on January 1, 2012 through June 19, 2014, is subject to DIR monitoring and enforcement of compliance with applicable prevailing wage requirements, unless the project is exempt from this requirement pursuant to Labor Code Section 1771.3(b) in effect on January 1, 2012 through June 19, 2014.(f) Any applicant failing to meet these requirements shall return to the State any State funding for the project, including interest, at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of State general obligation bonds as established pursuant to the Chapter 4 (commencing with Section 16720), of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. Interest to be returned shall be calculated from the date at which funds were received by the applicant until the date of the Board's finding.(g) If the DIR revokes the applicant's internal LCP's approval and the applicant fails to provide appropriate prevailing wage monitoring through the DIR or other exemptions as specified in Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, the school district shall return to the State any State funding received for the project, including interest, as calculated in subsection (f) above for any construction projects for which the violations occurred.Cal. Code Regs. Tit. 2, § 1859.163.1
1. New section filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-1-2004 order, including amendment of subsections (a) and (b), transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
3. Amendment of subsection (a), new subsection (a)(7) and subsection renumbering filed 12-20-2004 as an emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-19-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
5. Amendment filed 9-5-2006 as an emergency; operative 9-5-2006 (Register 2006, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-3-2007 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-5-2006 order transmitted to OAL 1-3-2007 and filed 2-16-2007 (Register 2007, No. 7).
7. Amendment of section heading, section and NOTE filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
8. Amendment of section and NOTE filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
10. Amendment filed 12-18-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
11. Amendment of subsections (a)(4)(B)-(C) filed 8-13-2015; operative 10-1-2015 (Register 2015, No. 33).
12. Amendment of subsections (e) and (g) and amendment of NOTE filed 11-3-2015; operative 1-1-2016 (Register 2015, No. 45). Note: Authority cited: Sections 17070.35 and 17078.64, Education Code. Reference: Sections 17078.52, 17078.58 and 17250.30, Education Code; and Section 1771.3 in effect on January 1, 2012 through June 19, 2014, Labor Code.
1. New section filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-1-2004 order, including amendment of subsections (a) and (b), transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
3. Amendment of subsection (a), new subsection (a)(7) and subsection renumbering filed 12-20-2004 as an emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-19-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed 5-12-2005 (Register 2005, No. 19).
5. Amendment filed 9-5-2006 as an emergency; operative 9-5-2006 (Register 2006, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-3-2007 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-5-2006 order transmitted to OAL 1-3-2007 and filed 2-16-2007 (Register 2007, No. 7).
7. Amendment of section heading, section and Note filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
8. Amendment of section and Note filed 3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-26-2012 order transmitted to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
10. Amendment filed 12-18-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
11. Amendment of subsections (a)(4)(B)-(C) filed 8-13-2015; operative 10/1/2015 (Register 2015, No. 33).
12. Amendment of subsections (e) and (g) and amendment of Note filed 11-3-2015; operative 1/1/2016 (Register 2015, No. 45).