Section 1863.1 - Definitions(a) In connection with the administration of the provisions of Article 9, Chapter 8, Part 10, Division 1, Education Code, and for the purposes of these regulations, the terms set forth below shall have the following meanings: (1) The Act. Article 9, Chapter 8, Part 10, Division 1, Education Code.(2) Application. A request for an apportionment for a specific purpose, or purposes, as provided by the Act and these regulations, on forms prescribed by the State Allocation Board, properly executed, together with such other information as may be required.(3) Apportionment or Conditional Apportionment. Amount of State funds apportioned by the Board for purposes o the application. This amount is based on the formula in Section 16330 of the Education Code. The ratio of State and district matching funds will remain fixed for all apportionments for each application as the ratio established when the application is approved.(4) Assessed Valuation. For the purposes of determining the basic computed State matching ratio of assistance under Section 16330, the modified assessed valuation for the preceding fiscal year as determined in accordance with Sections 41200, et seq. of the Education Code.(5) Authorized Agent. An official or staff member of the school district or the office of the county superintendent of schools appointed and authorized by resolution of the governing board of the school district to represent that body in all matters pertaining to the Act other than those requiring action by the governing board of the school district.(6) Board. The State Allocation Board.(7) District. An applicant school district.(8) Executive Officer. The Executive Officer of the State Allocation Board.(9) Facility. All or a portion of any parcel of land, on or off-site improvement, utility, building or other building area, or furniture and equipment.(10) Project. The purpose or purposes for which a school district has applied for an apportionment or apportionments under the provisions of the Act.(11) Replacement. The acquisition or construction of a facility or facilities through an apportionment to replace all or a portion of a substandard school.(12) Rehabilitation. The reconstruction, renovation, alteration and/or conversion of a substandard building.(13) Sections. All sections referred to herein, unless the context indicates otherwise, shall be deemed to refer to sections of the Education Code.(14) Substandard Building. A school building which, pursuant to a determination made by the Board, does not comply with the provisions of the Field Act (Sections 39140 through 39156, Education Code) and constitutes a threat to the safety of those using the facility because of structural instability.(15) Grade Level. For the purposes of Section 16330, the grade level of a project application made by a high school district, including any project which contains grades 7 and 8, shall be deemed to be the high school grade level. The grade level of a project application made by an elementary school district, including any project which contains grades 7 and 8, shall be deemed to be the elementary grade level. The grade level of a project application made by a unified district shall be deemed to be the high school grade level for any project which includes grades 7 or 8 and any grades above, or the elementary school grade level if it contains any combination of grades below grade 9.(16) Grade Level for the Purposes of Repayment Under Section 16335.2 The grade level for which an application is made, as defined in Subsection (15) preceding, and for which an apportionment is received, shall also be deemed to be the grade level operated by the district, within the meaning of Section 16335.(17) "Expended" Funds Derived by Applicant From Taxes Levied under Section 39230. If a school district has been an applicant under Article 9 of Chapter 8 of Part 10 of the Education Code and has levied taxes pursuant to Section 39230 for the purpose of matching apportionments under said Article by the State Allocation Board, such funds shall be deemed to have been "expended" within the meaning of Section 39233, though not actually disbursed, so as not to require, pursuant to Subsection 39233(b), their application to reduce any outstanding Article 9 apportionments to the district where:(i) Such funds are held or encumbered by the district for the purpose of discharging obligations under contracts entered or to be entered into for projects for which the board has already made an apportionment under Article 9, or(ii) Such funds have been earmarked by the district, by resolution or other action thereof, for use for a project eligible for an apportionment to the district under Article 9, whether by virtue of Section 16330.5 or any other section of said Article, taking into consideration the district's allowable new building construction area under Article 9 and the cost standards of the board pursuant thereto.Cal. Code Regs. Tit. 2, § 1863.1
1. New Subsection (a)(17) filed 6-26-78 as an emergency; effective upon filing (Register 78, No. 26). For prior history, see Register 77, No. 18.
2. Certificate of Compliance filed 9-21-78 (Register 78, No. 38). Note: Authority cited: Section 16316, Education Code. Reference: Sections 16310- 16344, Education Code.
1. New Subsection (a)(17) filed 6-26-78 as an emergency; effective upon filing (Register 78, No. 26). For prior history, see Register 77, No. 18.
2. Certificate of Compliance filed 9-21-78 (Register 78, No. 38).