Cal. Code Regs. tit. 2 § 1865.9

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 1865.9 - Priority Points
(a) Priority points shall be computed and assigned to applications whenever the board determines that there will be insufficient funds to meet the estimated needs for all districts in any given fiscal year. Whenever the assignment of priority points is required, applications that are in order for approval shall be considered by the board in sequence according to the number of priority points credited to each application. The board shall from time to time establish the minimum number of priority points necessary to qualify an application for approval consideration by the board. Such minimum shall be based upon the funds available and the estimated needs for the fiscal year.
(b) Priority points shall be computed on a districtwide basis, except for those districts having four or more high school attendance areas (excluding continuation high schools). In such case, points shall be considered on the basis of the attendance area of the project and all attendance areas adjacent thereto.
(c) For the purposes of computing priority points pursuant to the provisions of Section 17716 of the act, all existing building areas except central administration and maintenance facilities, shall be considered.
(d) Priority points for new construction shall be allowed as follows:
(1) Five priority points shall be allowed for each percent of the maximum allowable building area which may be included in an application as new building area (not replacement area).
(2) One priority point shall be allowed for each percent of the maximum allowable building area which may be included in an application as new building area replacing existing inadequate building area.
(3) One priority point shall be allowed for each 5% of increase between the current average daily attendance and the average daily attendance 5 years previously. The current average daily attendance will be based on the enrollment as determined by Section 1865.30(b).
(4) One priority point shall be allowed for each month that the application of the district has been in good order and awaiting approval.
(5) Two priority points shall be allowed for each 30 units of ADA unhoused.
(6) Priority points shall be allowed for the degree of utilization of the facilities in the district or attendance area by dividing the pupil capacity of all the facilities in the district or attendance area, computed by State aid standards, into the actual average daily attendance of the district or attendance area and multiplying such quotient by 10.
(e) Priority points for reconstruction shall be allowed as follows:
(1) Priority points shall be allowed equal to the quotient resulting from the equation (30 + y2) / (30 - y), where y equals the age, in excess of thirty years, of the building to be reconstructed, but not to exceed 253 points.
(2) Twenty five (25) points shall be allowed for each year in which the age of the building exceeds 57 years.
(3) One priority point shall be allowed for each percent of the pupils of the District or high school attendance area housed in buildings which are older than 30 years.
(4) Priority points shall be allowed for the degree of utilization of the building to be reconstructed by dividing the pupil capacity of the school computed by State aid standards, into the actual number of pupils in attendance in the school and multiplying such quotient by 100.
(5) One priority point shall be allowed for each month that the application of the district has been in good order and awaiting approval.
(6) Priority points computed pursuant to (1) and (2) above shall be reduced by 50% for any building that has been structurally reconstructed within the past 40 years.
(f) If any computation of priority points results in a fraction of a point that is less than one-half, such fraction shall be disregarded and the number of priority points shall be taken as the next lowest whole number. If such computation results in a fraction of a point which is one-half or more, such fraction shall be disregarded and the number of priority points shall be taken as the next highest whole number.
(g) Approvals and lease agreements made in priority order pursuant to this section shall be limited to that portion of a project pertaining to the acquisition of a site and the preparation of construction plans and specifications. Such approvals shall be limited to not more than 25% of the funds made available for the program.

Cal. Code Regs. Tit. 2, § 1865.9

1. New subsection (d)(6) filed 3-24-86; effective thirtieth day thereafter (Register 86, No. 13). For prior history, see Register 84, No. 41.

Note: Authority cited: Sections 17705 and 17716, Education Code. Reference: Sections 17705, 17716 and 17721, Education Code.

1. New subsection (d)(6) filed 3-24-86; effective thirtieth day thereafter (Register 86, No. 13). For prior history, see Register 84, No. 41.