1. (a) Financial Hardship: 40 points if a School District demonstrates it meets the requirements under Section 1860.14.

2. (b) Low Income: Up to 40 points based on the percentage of pupils at the School District meeting the definition of Low Income.

   1. (1) Community Colleges applying for preschool classroom grants shall base Low Income on the School District's percentage of students eligible for free and reduced price meals that the site resides in.

   2. (2) The following sliding scale shall be used to determine the number of preference points:

      Percentage Eligible for Free and Reduced Price School Meals

      Preference Points Assigned

      60-65%

      4

      66-70%

      8

      71-75%

      15

      76%

      16

      77%

      17

      78%

      18

      79%

      19

      80%

      20

      81%

      21

      82%

      22

      83%

      23

      84%

      24

      85%

      25

      86%

      26

      87%

      27

      88%

      28

      89%

      29

      90%

      30

      91%

      31

      92%

      32

      93%

      33

      94%

      34

      95%

      35

      96%

      36

      97%

      37

      98%

      38

      99%

      39

      100%

      40

3. (c) The Board shall apportion projects in the following order:

   1. (1) School Districts will be funded based on the total preference points, determined by the sum of subdivisions (a) and (b) above. If School Districts submit multiple applications in the same funding round, OPSC will use the priority order assigned to each application by the School Districts on the Form SAB 70-01 and then fund Approved Applications in the following order:

      1. (A) School Districts shall have their first priority projects funded in order based on total preference points until all School Districts have had their first priority project funded, or until all funds are exhausted for that funding round, whichever comes first.
      2. (B) School Districts with the same total preference points will be funded in order of the higher Low Income percentage reported to one decimal place. The School District with the higher Low Income percentage will be funded first.
      3. (C) If School Districts have the same total preference points and the same Low Income percentage reported to one decimal place, projects will then be placed into a lottery system to determine the School District funding order.

   2. (2) If sufficient funding remains after funding first priority projects pursuant to 1860.15(c)(1)(A), School Districts with multiple Approved Applications will be funded in the following order:

      1. (A) The School District with the highest total preference points shall have their remaining projects funded in priority order until all projects are funded, or until all funds are exhausted for that funding round, whichever comes first. Funding shall then be provided to the School District with the next highest total preference points.
      2. (B) A tie breaker will be used for School Districts with the same total preference points by using the exact Low Income percentage to one decimal place, as identified in the most recent Free and Reduced Price School Meals data on file at the CDE. The School District with the higher Low Income percentage will be funded first.
      3. (C) If School Districts with the same total preference points are still tied after the review of the Low Income percentages, projects will be placed into a lottery system to determine School District funding order. The highest remaining priority project for each School District participating in the lottery will be funded until all projects from each School District participating in the same lottery round have been funded, or until all funds are exhausted for that funding round, whichever comes first.

   3. (3) If the Board does not have sufficient funding to fully apportion a School District's Approved Application, that School District may elect to either:

      1. (A) Accept partial funding for the project. If partial funding is accepted, the Apportionment shall become the full and final apportionment for the project.
      2. (B) Decline to accept funding for the project. If partial funding is declined, the Board may offer partial funding to the next Approved Application, based on funding order determined in (c)(1) and (c)(2) above.

If the estimated total Apportionments of all Approved Applications received within a funding round specified in Section 1860.6 exceed the funds available in that funding round, OPSC will calculate preference points for all Approved Applications. An Approved Application shall receive preference points based on the total of (a) and (b) up to a maximum of 80 points, as follows:

Note: Authority cited: Sections 17375(b)(2) and 17375(h), Education Code. Reference: Sections 17075.10, 17075.15, 17375(b)(2), 17375(b)(2)(A), 17375(b)(2)(B), 17375(h) and 42238.01(a), Education Code.

History

1. New section filed 12-14-2018 as an emergency; operative 12-14-2018 (Register 2018, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-12-2019 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 12-14-2018 order transmitted to OAL 6-11-2019 and filed 7-17-2019 (Register 2019, No. 29).

3. Amendment of subsection (c)(1)(B), new subsection (c)(1)(C), repealer and new subsection (c)(2)(B) and new subsection (c)(2)(C) filed 2-18-2020 as an emergency; operative 2-18-2020 (Register 2020, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-17-2020 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 2-18-2020 order transmitted to OAL 8-14-2020 and filed 9-24-2020 (Register 2020, No. 39).

5. Amendment of Note filed 1-19-2021 as an emergency; operative 1-19-2021 (Register 2021, No. 4). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 11-16-2021 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 1-19-2021 order transmitted to OAL 7-1-2021 and filed 8-13-2021 (Register 2021, No. 33).

7. Amendment of Note filed 3-21-2022 as an emergency; operative 3-21-2022 (Register 2022, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 3-21-2022 order transmitted to OAL 9-16-2022 and filed 10-27-2022; amendments effective 10-27-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 43).

9. New subsection (b)(1) and subsection renumbering filed 11-16-2022 as an emergency; operative 11-16-2022 (Register 2022, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-15-2023 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 11-16-2022 order transmitted to OAL 5-8-2023 and filed 6-20-2023 (Register 2023, No. 25).