1. (a) New Construction Eligibility shall be established pursuant to Section 1859.20 or updated pursuant to Section 1859.51, as applicable, prior to or concurrent with submittal of a complete and valid Form SAB 50-12. An applicant's New Construction Eligibility pursuant to Section 1859.51 must be valid at the time of OPSC's receipt of a Form SAB 50-04 requesting a Final Small School District Program Apportionment. If New Construction Eligibility is not valid, the applicant must submit a complete and valid Form SAB 50-01 pursuant to Section 1859.51(e).
2. (b) Modernization Eligibility shall be established pursuant to Section 1859.60 prior to or concurrent with the submittal of a complete and valid Form SAB 50-12.
3. (c) Occupancy requirements pursuant to Section 1859.70(a).

Eligible applicants to the Small School District Program must meet the definition of a Small School District stated in Section 1859.2. A Small School District seeking a Preliminary Small School District Program Apportionment pursuant to the provisions of Education Code Sections 17078.35 through 17078.38 for New Construction or Modernization funding shall complete and file an Application For Small School District Program Preliminary Apportionment, Form SAB 50-12. Applications will be processed in order of receipt of a complete and valid Form SAB 50-12.

Applicants must meet the following requirements:

Note: Authority cited: Sections 17070.35 and 17075.15, Education Code. Reference: Sections 17070.15, 17078.35, 17078.36, 17078.37 and 17078.38, Education Code.

History

1. New article 13.5 (sections 1859.156-1859.158) and section filed 6-15-2026 as an emergency; operative 6-15-2026 (Register 2026, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-14-2026 or emergency language will be repealed by operation of law on the following day.