1. (a) If the total dollar amount of applications accepted for a specific category are less than the funds distributed to that category pursuant to Section 1859.212, the Board shall approve and apportion FRP grants to all the applications accepted for that category. The excess funds shall remain in the respective category and shall be available for additional applications accepted by a subsequent date as prescribed in Section 1859.207.

2. (b) If the total dollar amount of the applications accepted for a specific category is more than the funds distributed to that category pursuant to Section 1859.212, the Board shall approve and apportion FRP grants to applications accepted for that category, in descending order, commencing with the application having the highest number of priority points for the LEA determined by all the following:

   1. (1) The greater of (A) or (B) below:

      1. (A) One point for each percent of pupils in the LEA defined as Poor Children. Round up.
      2. (B) One point for every 330 pupils in the LEA defined as Poor Children, not to exceed 50 points. Round up.
   2. (2) With the exception of CSS, one point for each percent of current outstanding bonded indebtedness of the LEA that was incurred for capital facility purposes in comparison to the maximum outstanding bonded capacity of the LEA, not to exceed 100 points. Round up. Outstanding bonded indebtedness includes that part of local general obligation bonds, Mello-Roos Bonds, School Facilities Improvement District Bonds and certificates of participation for which the LEA is paying a debt service for capital facility purposes at the time the application is submitted to the OPSC.
   3. (3) If the LEA is a CSS, 25 points if the CSS is paying a debt service on a certificate of participation that was issued for capital facility purposes.
   4. (4) If the application includes renovation and repair work for a charter school, one point for each percent of the FRP grant that will be used by the LEA for the charter school(s), not to exceed 50 points. Round up.
   5. (5) 20 points for each year in the past five years that the LEA contributed at least 95 percent of its deferred maintenance match necessary to receive the maximum State funding authorized under the Deferred Maintenance Program pursuant to Education Code Section 17584

   6. (6) 25 points if the LEA is not a High Poverty LEA.

      If a portion of an application(s) could be partially apportioned in Categories A or B as prescribed in Section 1859.212 because the application(s) have the highest number of points without being apportioned, the Board shall transfer funds from Category C as prescribed in Section 1859.212 to either Category A or B as necessary to fully apportion the application(s).

The OPSC shall report to the Board, after the date applications have been accepted as prescribed in Section 1859.207, the dollar amount of applications for FRP grants that have been received for each funding category prescribed in Section 1859.212. The Board shall approve and apportion FRP grants to the applications accepted from each of the funding categories based on the following:

Note: Authority cited: Sections 15502 and 15503, Government Code; and Section 12300, Education Code. Reference: Section 321, Public Law 106-554; and Section 17584, Education Code.

History

1. New article 5 (section 1859.214) and section filed 3-15-2002 as an emergency; operative 3-15-2002 (Register 2002, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-15-2002 or emergency language will be repealed by operation of law on the following day.

2. New article 5 (section 1859.214) and section refiled 7-11-2002 as an emergency; operative 7-11-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-8-2002 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-11-2002 order transmitted to OAL 11-6-2002 and filed 12-19-2002 (Register 2002, No. 51).