1. (a) A complete and valid request to convert a Preliminary Small School District Program Apportionment to a Final Small School District Program Apportionment, pursuant to Section 1859.157.4, shall be made within four years of the date of the Preliminary Small School District Program Apportionment, unless the applicant receives approval for an extension pursuant to Section 1859.157.6.
2. (b) If (a) is not met, the Preliminary Small School District Program Apportionment shall be rescinded without further Board action and returned to the fund source.

3. (c) If (a) is not met, and the applicant has received an advance release of funds as provided in Section 1859.157.3, the following shall occur:

   1. (1) The Preliminary Small School District Program Apportionment shall be rescinded without further Board action and any remaining Preliminary Small School District Program Apportionment not released to the applicant, shall be returned to the fund source.
   2. (2) The New Construction Eligibility or Modernization Eligibility shall be adjusted by the number of pupil grants not used. The number of pupil grants returned shall be equal to the number of pupil grants requested on the Form SAB 50-12, less the pupil grants equivalent to the total amount of state funding retained by the applicant.
   3. (3) Funds released pursuant to Section 1859.157.3(a) or (b) shall be reduced to cost incurred and closed out, pursuant to Section 1859.106, with a corresponding New Construction or Modernization baseline eligibility adjustment for the pupil grants assigned to the Preliminary Small School District Program Application. Funds returned pursuant to Section 1859.106 shall be returned to the fund source.

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 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 A Certificate of Compliance must be transmitted to OAL by 12-14-2026 or emergency language will be repealed by operation of law on the following day.