Article 11.5 - Assistance to Small School Districts

California Education Code — §§ 17078.35-17078.38

Sections (4)

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.

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.

§ 17078.36

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.

(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.

§ 17078.37

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.

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.

§ 17078.38

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.

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.