Cal. Code Regs. Tit. 2, § 1860.5.2 - California Preschool Program Eligibility Criteria

(a) For Program funds provided pursuant to Section 1860.3(b) and Apportioned in the 2021-22 fiscal years, a School District may apply for California State Preschool funds made available pursuant to EC Section 17375 by submittal of a Form SAB 70-01, if all of the following requirements are met:

(1) The School District has a school board resolution providing approval to provide full-day preschool instruction on or after July 9, 2021.

(2) The School District has provided the most recent childcare needs assessment conducted by its regional local planning council for preschool age children.

(3) A current or future contract with the California Department of Education to operate a preschool program

(4) The School District lacks the facilities to provide full-day preschool instruction at the project school site. A project school site will be considered lacking preschool facilities if the calculated preschool need, exceeds the existing preschool classroom capacity prior to the construction of the project.

(5) The maximum calculated preschool need shall be determined by one of the following:

(A) Calculating the mean of the first grade, second grade, and third grade enrollment at the time of application submittal. The mean shall be rounded up to the nearest whole number.

(B) Calculating the mean of the preschool enrollment at the time of application plus two prior enrollment years. The mean shall be rounded up to the nearest whole number.

(6) Classrooms constructed as preschool, transitional kindergarten, and kindergarten classrooms or altered to house preschool, transitional kindergarten, or kindergarten students, regardless of current use, will be included when determining the existing preschool, transitional kindergarten, and/or kindergarten classroom capacity, as determined by CDE. For purposes of determining classroom capacity, a loading standard of 25 preschool pupils per classroom will be used and all preschool classrooms will be loaded for full-day instruction unless the School District indicates that an existing classroom(s) will continue to be used for non-full-day instruction at the completion of the project.

(7) The School District will use Program funds to expand its full-day Preschool Program.

(b) OPSC shall consult with CDE prior to determination of the Approved Application's need for funding to see if the project type shall be limited to retrofit funding based on the schoolsite's enrollment pattern.

(c) The Approved Application shall include the following documentation:

(1) A description of the proposed project including, but not limited to, the following information:

(A) The total number of preschool, transitional kindergarten, and kindergarten classrooms on the site prior to the Program project.

(B) The total number of preschool, transitional kindergarten, and kindergarten classrooms on the site after the completion of the Program project.

(2) The current enrollment at the site, at the time of application submittal, including preschool, transitional kindergarten, and kindergarten students pursuant to EC Section 48000. To determine the appropriate enrollment reporting year, refer to the following:

OPSC Received Date of Form SAB 70-01	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

(3) The enrollment at the site for the three years immediately preceding the enrollment reporting year determined in Section 1860.5.2(c)(2).

(4) Site map that includes labelling of all facilities and their current use, identifies all classrooms constructed or previously retrofitted to house preschool, transitional kindergarten, and kindergarten students and identifies any facilities that will be retrofitted in the project. If a School District is requesting a 50-year-old utilities grant, identify the age of the building(s).

(d) Program funding must construct or retrofit facilities that result in classroom(s) that meets the design requirements required for new kindergarten classrooms as specified in paragraph (2) of subdivision (h) of Section 14030 of Title 5 of the California Code of Regulations.

(1) For new construction projects, classrooms must be not less than 1,350 square feet, including restrooms, storage, teacher preparation, wet and dry areas.

(2) For retrofit projects, classrooms must not be less than 1,350 square feet, including restrooms, storage, teacher preparation, wet and dry areas unless both of the following are met:

(A) The project qualifies for an exemption through CDE pursuant to Title 5, Section 14030(r) of the California Code of Regulations to retrofit a classroom that will be less than 1,350 square feet.

(B) The classroom shall not be less than 1,250 square feet.

Notes

Cal. Code Regs. Tit. 2, § 1860.5.2

1. New section 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.
2. Certificate of Compliance as to 3-21-2022 order, including designation of previously undesignated paragraph following subsection (a)(5)(B) as subsection (a)(6) and subsection renumbering, 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).

Note: Authority cited: Sections 17375(a) and 17375(b), Education Code. Reference: Sections 17375(a), 17375(b) and 17375(h), Education Code.

1. New section 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.
2. Certificate of Compliance as to 3-21-2022 order, including designation of previously undesignated paragraph following subsection (a)(5)(B) as subsection (a)(6) and subsection renumbering, 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).