Cal. Code Regs. tit. 2, § 1859.51 – Adjustments to the New Construction Baseline Eligibility.

(a) Reduced by the number of pupils provided grants in a new construction SFP project and by the number of pupils that received a Preliminary Apportionment pursuant to Section 1859.140 or a Preliminary Charter School Apportionment pursuant to Section 1859.162.2.
(b) Reduced by the number of pupils housed, based on the loading standards pursuant to Education Code Section 17071.25(a)(2)(A), in a new construction LPP project funded under the provisions of the LPP pursuant to Sections 1859.12 or 1859.13.
(c) Reduced by the number of pupils housed in additional classrooms constructed or purchased based on the loading standards, pursuant to Education Code Section 17071.25(a)(2)(A), in a modernization SFP project.
(d) Adjusted as a result of the audit findings made pursuant to Sections 1859.90, 1859.90.3 and 1859.105.
(e) Increased/decreased by changes in projected enrollment in subsequent enrollment reporting years for all School Districts using a fifth-year projection or a tenth-year projection, except decreases as provided in (j) below.
For all funding requests received by OPSC on or after June 6, 2017, OPSC will notify the School District in writing that OPSC is scheduled to begin processing the School District's Form SAB 50-04 and that the School District shall submit a complete and valid Form SAB 50-01 based on School District enrollment data, as shown in the table below:
OPSC Received Date of Form SAB 50-01
Enrollment Reporting Year
July 1 through October 31
Submit Prior Fiscal Year Enrollment Data
November 1 through June 30
Submit Current Fiscal Year Enrollment Data
OPSC may return the Form SAB 50-04 to the School District for failure to submit the Form SAB 50-01 within 90 calendar days of OPSC's notification.
(f) Adjusted as a result of errors or omissions by the School District or by the OPSC.
(g) Adjusted as a result of amendments to these Regulations that effect the eligibility.
(h) Increased by the number of pupils eligible for grants pursuant to Section 1859.82.1(b)(4)(A) or 1859.82.2(b)(4)(A).
(i) Reduced by the number of pupils housed, based on loading standards pursuant to Education Code Section 17071.25(a)(2)(A), in any Classroom Provided after the baseline eligibility was determined by the Board with the exception of those pupils housed or to be housed in a classroom:
1. (1) That is a trailer and transportable/towed on its own wheels and axles.
2. (2) Of less than 700 interior square feet.
3. (3) That is a Portable Classroom, leased pursuant to Chapter 14 (commencing with Section 17085) of the Education Code.
4. (4) That is a Portable Classroom leased for a period of less than five years, whether in a single lease or cumulative total of several leases.
5. (5) That is a Portable Classroom that needs to be leased beyond five years to provide Interim Housing provided the cumulative lease term does not exceed a specified time period as determined by the Board not to exceed three years on each qualifying project, and the Portable Classroom was not funded with a grant provided pursuant to Education Code Section 17075.20(a). For this purpose, a project means all work contained in a single set of construction plans.
6. (6) Where the contract for the lease, lease-purchase, purchase, or construction of the Classroom was made prior to January 1, 2000.
7. (7) That is included in a SFP project where the School District has funded a portion of the project beyond its required district contribution and the pupil capacity of the Classroom does not exceed 150 percent of the number of pupils receiving a new construction grant (rounded up) for the SFP project.
8. (8) That was acquired with joint-use funds specifically available for that purpose.
9. (9) That was acquired with career technical education funds specifically available pursuant to Education Code Section 17078.72.
10. (10) That was built or acquired exclusively for regional occupational centers, regional occupational programs, child care, preschool and/or Adult Education Programs, and with funds specifically available for those purposes.
11. (11) That replaces a Classroom, previously included in the determination of the School District's new construction eligibility pursuant to Education Code Section 17071.75, in a project funded by the School District without participation from the State and the School District permanently removes the replaced facility from classroom use immediately after the replacement classroom is occupied.
12. (12) That was constructed with Overcrowding Relief Grant funds specifically available for that purpose.
13. (13) That was constructed with a grant provided pursuant to Education Code Section 17075.20, unless the classroom is a Portable Classroom purchased pursuant to subdivision (a) of Education Code Section 17075.20.
(j) For Small School Districts:
1. (1) Decreased by any reduction in projected enrollment that follows a five-year period after the Small School District's eligibility was approved by the Board, and either (A) or (B), as applicable:
  1. (A) Increased/decreased by changes in projected enrollment in the 2016/2017 enrollment year using a fifth-year projection or a tenth-year projection if the Form SAB 50-01 was received at OPSC by October 31, 2017.
  2. (B) Increased/decreased by changes in projected enrollment in subsequent enrollment reporting years following 2016/2017 using a fifth-year projection or a tenth-year projection.
2. (2) If the Small School District does not submit an adjustment under (A) or (B) prior to OPSC notification of its schedule to begin processing the School District's request for new construction funding that was received by OPSC on or after November 1, 2012, then the requirements of (e) shall apply.
(k) Adjusted for any change in classroom inventory as a result of a reorganization election.
(l) For classroom loading standards adopted by the Board for non-severely disabled individuals with exceptional needs and severely disabled individuals with exceptional needs.
(m) As directed by the Board due to a finding of a Material Inaccuracy pursuant to Regulation Section 1859.104.1.
(n) Increased by the number of pupils that received a Preliminary Apportionment that was rescinded pursuant to Section 1859.148 or a Preliminary Charter School Apportionment that was rescinded pursuant to Section 1859.166.
(o) Adjusted for operational grant changes as determined/provided by the California Department of Education.
(p) For a HSAA School District with Preliminary Apportionments within the 2002 or 2004 Critically Overcrowded School Facilities Account as follows:
1. (1) Decreased by the number of pupils that received a Preliminary Apportionment, distributed proportionately among HSAAs in which the pupils used to justify the conversion of the Preliminary Apportionment were enrolled but did not reside.
2. (2) In the subsequent enrollment reporting year after verification of Occupancy of a project, increased by the number of pupils equal to the reduction due to Section 1859.51(p)(1), for the project which was occupied.
3. (3) Increased by the number of pupils equal to the reduction due to Section 1859.51(p)(1), for a Preliminary Apportionment rescinded pursuant to the provisions of Section 1859.148.
(q) Adjusted by the difference between the Alternative Enrollment Projection for the current enrollment reporting year and the projected enrollment determined pursuant to Section 1859.42 for the current enrollment reporting year, or by the eligibility remaining from this calculation that can no longer be utilized if the funds made available pursuant to Education Code Section 17071.75(a)(1)(A) have been exhausted.
(r) Adjusted pursuant to Education Code Section 17071.75(b)(2) by the number of pupils housed, based on the loading standards pursuant to Education Code Section 17071.25(a)(2)(A), in any Classroom(s) where title was relinquished to the School District receiving the transferred classroom(s).
(s) Increased by the capacity of Classrooms that meet all of the following:
1. (1) The classrooms are included in an Approved Application that have a qualifying health and safety threat pursuant to Sections 1859.82.1 or 1859.82.2 that were originally included in the School District's baseline eligibility, except the School District did not have the current enrollment to support the replacement and funding of those Classrooms.
2. (2) The Classrooms are included in an Approved Application pursuant to Sections 1859.82.1 or 1859.82.2 and did not receive funding as part of that project and were demolished or removed from Classroom use. Buildings removed from K-12 classroom use that remain on the school site will be identified on a list published on OPSC's website.
3. (3) The Board shall approve the adjustment upon receiving the local school board resolution acknowledging that the buildings have been removed from K-12 Classroom use.
(t) Reduced by the number of pupils housed in additional Transitional Kindergarten Classrooms constructed, pursuant to Education Code Section 17073.16(c) in an SFP modernization project.
(u) Adjusted by the capacity of Classrooms, as applicable:
1. (1) Decreased by the number of pupils housed in Portable Classrooms purchased for purposes of Interim Housing pursuant to Education Code Section 17075.20.
2. (2) Increased by the number of pupils housed in Portable Classrooms purchased pursuant to Section 1859.51(u)(1) that are permanently removed from the School District within eight years of occupancy.
(v) Increased by the capacity of Classrooms that were destroyed or rendered unsafe to occupy due to a natural disaster for which the Governor declared a state of emergency on or after July 3, 2024, that the School District elected not to replace. The Board may consider adjustments for Classrooms that were destroyed or rendered unsafe to occupy due to a natural disaster that occurred prior to July 3, 2024, that the School District elected not to replace. For those School Districts that elected not to replace Classrooms that were destroyed or rendered unsafe to occupy due to a natural disaster that occurred prior to July 3, 2024, the Board will consider factors, including, but not limited to, insufficient insurance proceeds and/or government disaster assistance received, declining enrollment in the School District, site soil conditions (soil cannot be cleaned and is unusable), and all information submitted on the Form SAB 195.

The baseline eligibility for new construction determined on the Form SAB 50-03 will be adjusted as follows:

Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17052, 17070.51, 17071.25, 17071.75, 17071.76, 17072.20, 17073.16, 17075.20, 17077.40, 17078.72, 17079.20 and 17375, Education Code.

History

1. New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.

2. Change without regulatory effect amending first paragraph filed 12-23-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 52).

3. New section refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 7-29-99 order, including amendment of section and Note, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).

6. Amendment of section and Note filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).

7. Amendment of first paragraph, subsections (e) and (i)(5) and new subsection (l) filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).

9. Amendment of first paragraph and subsections (i)(5) and (i)(6) filed 1-2-2001 as an emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).

11. Amendment of first paragraph filed 4-10-2002; operative 4-10-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 15).

12. New subsection (m) and amendment of Note filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).

13. Amendment of first paragraph and subsection (a), new subsections (i)(7) and (n) and amendment of Note filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.

14. Amendment of subsections (a), (j) and (n) filed 2-13-2003 as an emergency pursuant to Education Code section 17078.64(b); operative 2-13-2003 (Register 2003, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-13-2003 or emergency language will be repealed by operation of law on the following day.

15. Amendment of subsections (a), (j) and (n) refiled 6-13-2003 as an emergency; operative 6-13-2003 (Register 2003, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-2003 or emergency language will be repealed by operation of law on the following day.

16. Amendment of subsections (a), (j) and (n) refiled 10-9-2003 as an emergency; operative 10-9-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-6-2004 or emergency language will be repealed by operation of law on the following day.

17. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).

18. Certificate of Compliance as to 10-9-2003 order transmitted to OAL 2-6-2004 and filed 3-23-2004 (Register 2004, No. 13).

19. Amendment of subsection (i), repealer of subsection (i)(5) and subsection renumbering filed 7-22-2004 as an emergency; operative 7-22-2004 (Register 2004, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-19-2004 or emergency language will be repealed by operation of law on the following day.

20. Amendment of subsections (j)(1)-(2) filed 11-2-2004; operative 11-2-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 45).

21. New subsection (o) filed 12-6-2004; operative 12-6-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 50).

22. Certificate of Compliance as to 7-22-2004 order transmitted to OAL 11-12-2004 and filed 12-16-2004 (Register 2004, No. 51).

23. New subsections (p)-(p)(3) filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 43).

24. New subsection (q) filed 5-15-2006 as an emergency; operative 5-15-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-2006 or emergency language will be repealed by operation of law on the following day.

25. Certificate of Compliance as to 5-15-2006 order transmitted to OAL 7-19-2006 and filed 8-11-2006 (Register 2006, No. 32).

26. Amendment of subsection (a) filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).

27. New subsection (i)(7) and amendment of Note filed 7-13-2007 as an emergency; operative 7-13-2007 (Register 2007, No. 28). Pursuant to Education Code section 17078.72(k) a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.

28. Repealer of subsection (i)(3), new subsections (i)(3)-(5) and (i)(10)-(11), subsection renumbering and amendment of Note filed 7-18-2007; operative 7-18-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 29).

29. New subsection (i)(12) and amendment of Note filed 8-31-2007; operative 8-31-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 35).

30. Editorial correction of History 27 (Register 2007, No. 52).

31. Amendment of subsection (p) and new subsection (r) filed 1-7-2008; operative 2-6-2008 (Register 2008, No. 2).

32. Certificate of Compliance as to 7-13-2007 order transmitted to OAL 3-18-2008 and filed 4-29-2008 (Register 2008, No. 18).

33. Amendment of subsection (e) and new subsections (e)(1)-(2) filed 10-21-2008; operative 10-21-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 43).

34. Repealer of subsection (j)(2) and amendment of Note filed 11-24-2009; operative 11-24-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 48).

35. Amendment of subsection (d) filed 3-25-2013 as an emergency; operative 3-25-2013 (Register 2013, No. 13). A Certificate of Compliance must be transmitted to OAL by 9-23-2013 or emergency language will be repealed by operation of law on the following day.

36. Certificate of Compliance as to 3-25-2013 order transmitted to OAL 7-25-2013 and filed 8-23-2013 (Register 2013, No. 34).

37. Amendment of first paragraph and subsections (e), (j) and (j)(1) and new subsections (j)(1)(A)-(j)(2) filed 4-16-2018 as an emergency; operative 4-16-2018 (Register 2018, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-15-2018 or emergency language will be repealed by operation of law on the following day.

38. Certificate of Compliance as to 4-16-2018 order transmitted to OAL 8-14-2018 and filed 9-26-2018; subsection (e) was withdrawn from Certificate of Compliance pursuant to Government Code section 11349.3(c) and amendments remain in effect until the expiration of the 4-16-2018 emergency order (Register 2018, No. 39).

39. Amendment of subsection (e) filed 10-11-2018 as an emergency; operative 10-16-2018 pursuant to Government Code section 11346.1(d) (Register 2018, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-14-2019 or emergency language will be repealed by operation of law on the following day.

40. Certificate of Compliance as to 10-11-2018 order, including further amendment of subsection (e), transmitted to OAL 12-7-2018 and filed 1-22-2019; amendments operative 1-22-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 4).

41. Amendment of subsection (h) and new subsections (s)-(s)(3) filed 8-31-2020 as an emergency; operative 8-31-2020 (Register 2020, No. 36). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.

42. Certificate of Compliance as to 8-30-2020 order transmitted to OAL 5-5-2021 and filed 6-16-2021 (Register 2021, No. 25).

43. Amendment of subsections (i)(5) and (j)(1), filed 6-20-2025 as an emergency; operative 6-20-2025 (Register 2025, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-17-2025 or emergency language will be repealed by operation of law on the following day.

44. New subsection (t) and amendment of Note filed 9-8-2025 as an emergency; operative 9-8-2025 (Register 2025, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-9-2026 or emergency language will be repealed by operation of law on the following day.

45. Amendment of section and Note filed 10-20-2025 as an emergency; operative 10-20-2025 (Register 2025, No. 43). A Certificate of Compliance must be transmitted to OAL by 4-20-2026 or emergency language will be repealed by operation of law on the following day.

46. Certificate of Compliance as to 6-20-2025 order, including amendment of Note, transmitted to OAL 10-13-2025 and filed 11-25-2025; amendments effective 11-25-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 48).

47. Certificate of Compliance as to 9-8-2025 order transmitted to OAL 3-3-2026 and filed 4-15-2026 (Register 2026, No. 16).

48. Certificate of Compliance as to 10-20-2025 order, including amendment of subsections (u)(2) and (v), transmitted to OAL 4-20-2026 and filed 6-2-2026; amendments effective 6-2-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 23).

49. Amendment of subsections (e) and (j)(1) and amendment of Note 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.