Assistance To Small School Districts - Leroy F.greene School Facilities Act Of 1998 - CA Education

Section § 17078.35

This section defines key terms related to school facility funding in California. 'Final apportionment' is the same as 'apportionment' from another part of the law. A 'preliminary application' is an application for a preliminary apportionment, which is like reserving bond money for schools that qualify before they meet all usual requirements. A 'project and construction management grant' is money given to help with all aspects of building and managing school facilities, possibly using outside experts. Lastly, a 'small school district' is defined as one with less than 2,501 students.

For purposes of this article, the following definitions apply:

(a) “Final apportionment” has the same meaning as “apportionment” as defined in subdivision (a) of Section 17070.15.

(b) “Preliminary application” means an application for a preliminary apportionment pursuant to this article.

(c) “Preliminary apportionment” means a reservation of bond authority for eligible applicants under this article in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter.

(d) “Project and construction management grant” means a grant for purposes of obtaining the services from a county office of education, other local educational agency with applicable school facilities construction expertise, applicable state department, or a certified private construction consulting entity from the list maintained pursuant to paragraph (2) of subdivision (d) of Section 17078.47, to assist with the planning, site acquisition, preconstruction, construction, and closeout of a project.

(e) “Small school district” is a school district, as defined in Section 17070.15, with an enrollment of fewer than 2,501 pupils.

final apportionment preliminary application preliminary apportionment bond authority eligible applicants project management grant construction management grant county office of education local educational agency school facilities construction certified private consulting entity planning and site acquisition preconstruction small school district pupil enrollment

(Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)

Section § 17078.36

This law says that the rules in other parts of the same chapter apply to projects funded under this specific article unless this article clearly says something different. The article is specifically for small school districts eligible for certain projects. These projects must meet criteria listed in another part, Section 17078.37, and be funded by state bonds approved by voters in November 2024. The funding cannot exceed certain amounts specified in another section, Section 101412.

(a) Unless this article expressly provides otherwise, the provisions contained in the other articles of this chapter shall apply with equal force to a project funded under this article. This article shall control over the provisions of this chapter contained in other articles only to the extent that this article expressly conflicts with those provisions.

(b) This article shall apply only to a small school district that is otherwise eligible under this chapter for a project that meets both of the following:

(1) The project meets the criteria set forth in subdivision (a) of Section 17078.37.

(2) The project is to be funded from proceeds of state bonds approved by the voters at the November 5, 2024, statewide general election that shall not exceed the amounts made available pursuant to paragraphs (1) and (2) of subdivision (a) of Section 101412.

small school district projects state bonds eligible projects November 5 2024 bond funding limits subdivision criteria Section 17078.37 Section 101412 funding provisions chapter rules conflict voter-approved bonds

(Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)

Section § 17078.37

This section outlines the steps and requirements for small school districts in California to apply for state funding for new construction or modernization projects. Applicants must submit preliminary applications and meet specific eligibility criteria. The governing board is responsible for accepting these applications and making preliminary funding allotments based on the eligibility of the applicants, with an option to include a project management grant.

Notwithstanding subdivision (a) of Section 17072.30 and subdivision (a) of Section 17074.16, as applicable:

(a) Applicants for funding pursuant to this article shall do both of the following:

(1) Submit preliminary applications to the board.

(2) Meet the eligibility requirements described in Article 3 (commencing with Section 17071.75) and Article 6 (commencing with Section 17073.10), as applicable.

(b) The board shall do both of the following:

(1) Accept a preliminary application from, and make a preliminary apportionment to, a small school district for new construction grants pursuant to Article 4 (commencing with Section 17072.10) or modernization grants pursuant to Article 7 (commencing with Section 17074.10) in a manner substantially identical to the preliminary apportionment requirements established in Section 17078.24, except that the eligibility of the applicant shall be based on the criteria established in paragraph (2) of subdivision (a).

(2) If requested, provide a preliminary apportionment of a project and construction management grant equal to 5 percent of the state share of the preliminary apportionment.

small school district funding new construction grants modernization grants preliminary applications eligibility requirements project management grant state funding preliminary apportionment construction grants modernization projects school facility funding grant eligibility criteria school district applications

(Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)

Section § 17078.38

This section lays out what the board must include in its regulations about providing funds for school projects. It talks about the steps for applying and getting preliminary funds, like for design and planning. It also covers who can get extra help if they're struggling financially, and sets rules for proving progress and finalizing funding agreements.

The board shall adopt regulations setting forth all of the following:

(a) The preliminary application and preliminary apportionment.

(b) The apportionment of design grants, project assistance grants pursuant to subdivision (e) of Section 17072.10 and subdivision (e) of Section 17074.10, as applicable, and project and construction management grants to applicants that qualify for financial hardship assistance pursuant to Section 17075.15, as part of the preliminary apportionment.

(c) The existence of substantial progress requirements on apportionments for design and site grants identical to the requirements set forth in Section 1859.105 of Title 2 of the California Code of Regulations.

(d) The requirements for a final apportionment for the project in a manner substantially identical to the requirements of subdivisions (a) and (b) of Section 17078.25.

preliminary application preliminary apportionment design grants project assistance grants financial hardship assistance substantial progress requirements site grants final apportionment project funding construction management grants Section 17072.10 Section 17074.10 Section 17075.15 Section 1859.105 school project funding

(Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)