Cal. Code Regs. tit. 2 § 1864.1

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 1864.1 - Definitions

(a) In connection with the administration of the provisions of Sections 39015 to 39018, inclusive, of Article 1, Chapter 1, Part 23, Division 3, Title 2, Education Code and for the purposes of these regulations, the terms set forth below shall have the following meanings:

(1) The Act. Sections 39015 through 39018, above.

(2) This Regulation. Shall be deemed to refer to Sections 39015 through 39018 thereof.

(3) Subject Sections. Shall be deemed to refer to Sections 39015 through 39018 of the Education Code.

(4) "Use" Within Five or Seven Year Period Specified by Section 39015.

(A) Use Prior to Effective Date of This Act Within 5 or 7 Year Period from Date of Acquisition. A district shall not be deemed to have used a site prior to the effective date of the act (January 1, 1974), within the 5 or 7 year period from the date of acquisition specified by Section 39015, unless it has within such 5 or 7 year period either:

1. entered into a lease in accordance with law which at any time in the future will result in improvements of a substantial nature on the site, or

2. made any other use thereof which either:

a. included the use of substantial improvements on the site at the time of acquisition, or

b. resulted at any time in such improvements on the site. For the purposes of this paragraph:

(i) bleachers or backstops regularly used for Little League play shall be deemed to be a substantial improvement to the site, and

(ii) the growing of agricultural or other plants shall not be deemed to be a substantial improvement to the site unless done as part of a regular school program for the benefit of the pupils of the district.

(B) Use Subsequent to the Effective Date of the Act. A site shall not be deemed to be used within the meaning of the five or seven year period of the date of acquisition specified by Section 39015 subsequent to the effective date of the act unless the use made thereof is for the specific purpose for which acquired, or for a purpose of similar dignity, as for example:

1. used to house students for all Department of Education programs authorized by the Legislature and operated by public school districts for which the district is receiving ADA apportionments. This would include Adult Education if ADA apportionments are being received,

2. used to house Special Education students,

3. used for District Administration including such support facilities as warehousing and maintenance facilities,

4. used for preschool or child care centers when operated by or under contract with public school districts or county superintendents of schools.

(5) "Purpose for Which It Was Intended" in Section 39015. The phrase "Purpose for which it was intended" in Section 39015 shall be deemed to mean the specific purpose for which the site was acquired or a purpose of similar dignity, for example:

(A) the substitution of a school of one grade level for a school of a different grade level, or

(B) used for the following reasons:

1. to house students for all Department of Education programs authorized by the Legislature and operated by public school districts for which the district is receiving ADA apportionments. This would include Adult Education if ADA apportionments are being received,

2. to house Special Education students,

3. for District Administration including such support facilities as warehousing and maintenance facilities,

4. for preschool or child care centers when operated by or under contract with public school districts or county superintendents of schools.

(6) "Will Utilize the Property ... Within a Reasonable Period of Time" in Section 39015. The term "utilize" in the heading of this subparagraph shall refer to the same type of use as specified in (4) B above. A "reasonable period of time" shall be deemed to be a fixed period of time specified by the Board or a period of time dependent upon one or more contingent or indefinite occurrences, with or without a cutoff date, which the Board deems reasonable under the circumstances of the case. Generally, a reasonable period of time shall not exceed three years, unless the Board determines a longer period is warranted by the facts.

(7) Evidence. "Evidence" shall include information or documentation bearing upon the matter sought to be shown.

(8) Future Use. "Future Use" shall be deemed to mean "use," as defined in (4)B above within a "reasonable period of time," as defined in (6) above.

Cal. Code Regs. Tit. 2, § 1864.1

1. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 75, No. 31.
2. Amendment filed 11-7-88; operative 12-7-88 (Register 88, No. 46).

Note: Authority cited: Sections 39015- 39018, Education Code. Reference: Section 39015, Education Code.