The Preliminary Charter School New Construction
Apportionment shall be determined as follows:
(a) The Preliminary Charter School
Apportionment for construction costs shall be equal to the sum of (1) through
(8) below:
(1) The amounts shown below for
each pupil, based on the project capacity, included in a Preliminary Charter
School Application:
(A) $5,227 for each
elementary school pupil.
(B) $5,534
for each middle school pupil.
(C)
$7,226 for each high school pupil.
(D) $16,653 for each pupil that is a Severely
Disabled Individual with Exceptional Needs.
(E) $11,137 for each pupil that is a
Non-Severely Disabled Individual with Exceptional Needs.
(2) An amount equal to 12 percent of the
amount determined in (1) for multilevel construction, if requested by the
applicant.
(3) An amount for site
development cost determined, at the option of the applicant, by one of the
following:
(A) One-half of the site
development cost for the specific site as authorized by Section
1859.76.
(B) One-half of the site development cost as
authorized by Section
1859.76 using historical
information in the Charter School General Location. Historical information that
may be considered to determine this estimated cost may include prior SFP
projects of the district or other districts in the Charter School General
Location.
(C) $70,000 multiplied by
the proposed acres requested on the Form SAB 50-09.
(4) General Site Development costs within
school property lines for an addition to an existing school site project
wherein additional acreage is acquired or a new school project, determined as
follows:
(A) $9,600 per proposed acre
requested on the Form SAB 50-09. This sum may be increased pursuant to the
provisions in Section
1859.83(b). The
per acre amount shown above shall be adjusted annually in the manner prescribed
in Section
1859.71.
(B) 6 percent for Elementary School Pupils
and Middle School Pupils and 3.75 percent for High School Pupils of the funding
provided by Sections
1859.163.1(a)(1).
For purposes of this calculation, the percentage amount for Severely Disabled
Individuals with Exceptional Needs and Non-Severely Disabled Individuals with
Exceptional Needs pupils shall be based on the type of project selected by the
applicant on the Form SAB 50-09.
(C) 6 percent for Elementary School Pupils
and Middle School Pupils and 3.75 percent for High School Pupils of the funding
provided by Sections
1859.163.1(a)(2) and
(5).
(5) If the Preliminary Application request is
for a small project that will house no more than 200 pupils, an amount pursuant
to the following:
(A) If the project will
house less than 101 pupils, the applicant is eligible for an amount equal to 12
percent of the funding provided by (a)(1).
(B) If the project will house between 101 and
200 pupils, the applicant is eligible for an amount equal to four percent of
the funding provided by (a)(1).
(6) An amount due to urban location, security
requirements and impacted site equal to 15 percent of the amount determined in
(1) and (5), plus 1.166 percent for each percentage decrease in the CDE
recommended site size below 60 percent when the following criteria are met:
(A) The applicant has requested an increase
for multilevel construction pursuant to (2) above.
(B) The Useable Acres of the existing and/or
proposed site are 60 percent or less of the CDE recommended site
size.
(C) The value of the property
as determined in Section
1859.163.2(a) is
at least $750,000 per Useable Acre. This criterion does not apply to an
application for an addition to an existing school site.
(7) An amount for the geographic location of
the proposed project equal to the sum of the amounts determined in (1), (2),
(3)(C), (4)(A) and (B), (5) and (6) multiplied by the indicated percentage
factor in the Geographic Percentage Chart shown in Section
1859.83(a).
(8) For all Preliminary Apportionments
received after February 23, 2005, an amount equal to the sum of the amounts
determined in (1) through (6) multiplied by a factor determined as follows:
(A) Divide the January Class B Construction
Cost Index in effect at the time of the Preliminary Apportionment by the
January Class B Construction Cost Index in effect four years prior to the
Preliminary Apportionment. Round to four decimal places.
(B) Subtract 1 from the quotient in (A).
Round to two decimal places.
(9) If the applicant is paying its matching
share through the form of lease payments, pursuant to Section
1859.168, the value of the lease as
determined by the Authority attributable to the items in (1) through (8)
above.
(b) The
Preliminary Charter School Apportionment for site acquisition costs shall be:
(1) Equal to one-half of the site acquisition
value determined in Section
1859.163.2(a) and
(c).
(2) If the applicant is paying its matching
share through the form of lease payments, pursuant to Section
1859.168, the value of the lease as
determined by the Authority attributable to (1) above.
(c) The Preliminary Charter School
Apportionment to initiate and enforce a LCP or to provide for the prevailing
wage monitoring and enforcement costs shall be:
(1) 50 percent of the amount to initiate and
enforce a LCP as prescribed in Section
1859.71.4(a), if
required by the Labor Code, or
(2)
50 percent of the amount of the prevailing wage monitoring and enforcement
costs as prescribed in Section
1859.71.4(c), if
required by the Labor Code, and
(3)
If the applicant is paying its matching share through the form of lease
payments, pursuant to Section
1859.168, the value of the lease as
determined by the Authority attributable to either (1) or (2) above, as
applicable.
(d) The total
amount calculated in (a) above will be added to any amount calculated in (b)
and (c) above, which will provide the Preliminary Charter School Apportionment
amount.
The amounts shown in (a)(1) shall be adjusted
annually in the manner prescribed in Section
1859.71.
Subsection (a)(4) of this section shall be suspended
no later than January 1, 2008, unless otherwise extended by amendments as
adopted by the Board.
(e)
Pursuant to Labor Code Section
1771.3 in
effect on January 1, 2012 through June 19, 2014, any public works project paid
in whole or in part from public funds that are derived from bonds issued by the
State and for which the construction contract is awarded on January 1, 2012
through June 19, 2014, is subject to DIR monitoring and enforcement of
compliance with applicable prevailing wage requirements, unless the project is
exempt from this requirement pursuant to Labor Code Section
1771.3(b)
in effect on January 1, 2012 through June 19, 2014.
(f) Any applicant failing to meet these
requirements shall return to the State any State funding for the project,
including interest, at the rate paid on moneys in the Pooled Money Investment
Account or at the highest rate of interest for the most recent issue of State
general obligation bonds as established pursuant to the Chapter 4 (commencing
with Section
16720), of Part 3 of Division 4 of
Title 2 of the Government Code, whichever is greater. Interest to be returned
shall be calculated from the date at which funds were received by the applicant
until the date of the Board's finding.
(g) If the DIR revokes the applicant's
internal LCP's approval and the applicant fails to provide appropriate
prevailing wage monitoring through the DIR or other exemptions as specified in
Labor Code Section
1771.3 in
effect on January 1, 2012 through June 19, 2014, the school district shall
return to the State any State funding received for the project, including
interest, as calculated in subsection (f) above for any construction projects
for which the violations occurred.
Notes
Cal.
Code Regs. Tit. 2, §
1859.163.1
1. New
section filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No.
23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or
emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 6-1-2004 order, including
amendment of subsections (a) and (b), transmitted to OAL 9-29-2004 and filed
11-10-2004 (Register 2004, No. 46).
3. Amendment of subsection (a),
new subsection (a)(7) and subsection renumbering filed 12-20-2004 as an
emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of
Compliance must be transmitted to OAL by 4-19-2005 or emergency language will
be repealed by operation of law on the following day.
4. Certificate
of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed
5-12-2005 (Register 2005, No. 19).
5. Amendment filed 9-5-2006 as an
emergency; operative 9-5-2006 (Register 2006, No. 36). A Certificate of
Compliance must be transmitted to OAL by 1-3-2007 or emergency language will be
repealed by operation of law on the following day.
6. Certificate of
Compliance as to 9-5-2006 order transmitted to OAL 1-3-2007 and filed 2-16-2007
(Register 2007, No. 7).
7. Amendment of section heading, section and
NOTE filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section
11343.4
(Register 2007, No. 20).
8. Amendment of section and NOTE filed
3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A
Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency
language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as to 3-26-2012 order transmitted
to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
10.
Amendment filed 12-18-2014; operative 1-1-2015 pursuant to Government Code
section
11343.4(b)(3)
(Register 2014, No. 51).
11. Amendment of subsections (a)(4)(B)-(C)
filed 8-13-2015; operative 10-1-2015 (Register 2015, No. 33).
12.
Amendment of subsections (e) and (g) and amendment of NOTE filed 11-3-2015;
operative 1-1-2016 (Register 2015, No. 45).
Note: Authority cited: Sections
17070.35
and
17078.64,
Education Code. Reference: Sections
17078.52,
17078.58
and
17250.30,
Education Code; and Section
1771.3 in effect on January 1, 2012
through June 19, 2014, Labor Code.
1.
New section filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004,
No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or
emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 6-1-2004 order, including
amendment of subsections (a) and (b), transmitted to OAL 9-29-2004 and filed
11-10-2004 (Register 2004, No. 46).
3. Amendment of subsection (a),
new subsection (a)(7) and subsection renumbering filed 12-20-2004 as an
emergency; operative 12-20-2004 (Register 2004, No. 52). A Certificate of
Compliance must be transmitted to OAL by 4-19-2005 or emergency language will
be repealed by operation of law on the following day.
4. Certificate
of Compliance as to 12-20-2004 order transmitted to OAL 4-19-2005 and filed
5-12-2005 (Register 2005, No. 19).
5. Amendment filed 9-5-2006 as an
emergency; operative 9-5-2006 (Register 2006, No. 36). A Certificate of
Compliance must be transmitted to OAL by 1-3-2007 or emergency language will be
repealed by operation of law on the following day.
6. Certificate of
Compliance as to 9-5-2006 order transmitted to OAL 1-3-2007 and filed 2-16-2007
(Register 2007, No. 7).
7. Amendment of section heading, section and
Note filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section
11343.4
(Register 2007, No. 20).
8. Amendment of section and Note filed
3-26-2012 as an emergency; operative 3-26-2012 (Register 2012, No. 13). A
Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency
language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as to 3-26-2012 order transmitted
to OAL 8-21-2012 and filed 10-2-2012 (Register 2012, No. 40).
10.
Amendment filed 12-18-2014; operative 1/1/2015 pursuant to Government Code section
11343.4(b)(3)
(Register
2014, No. 51).
11. Amendment of subsections
(a)(4)(B)-(C) filed 8-13-2015; operative 10/1/2015 (Register
2015, No. 33).
12. Amendment of subsections (e) and
(g) and amendment of Note filed 11-3-2015; operative
1/1/2016 (Register
2015, No. 45).