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Q. How do I know if I am eligible to apply for an Emergency Repair Program (ERP) grant?
A. ERP Regulation Section 1859.324 indicates which schools are eligible to apply for an ERP grant. The following time periods specify which schools can apply for ERP, determined by the OPSC received date of an application.
|
Eligibility Period |
School Academic Performance Index (API) Ranking |
Contracts must have been entered into and all funds expended on or after… |
Supplement, Not Supplant Requirement
Applies to all Eligibility Periods
(ERP Reg. 1859.328) |
|
5.31.2005– 6.30.2007 |
Deciles 1-3, based on 2003 API,
Originally constructed prior to 1.1.00 |
9.29.2004
|
Must deposit the required funding level in the Routine Restricted Maintenance Account (if participating in the School Facility Program). |
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7.02.2007 – 10.1.2007 |
Deciles 1-3, based on 2003 API, Originally constructed prior to 1.1.00
&
Deciles 1-3, based
on 2006 API
|
9.29.2004 for schools based on 2003 API
7.1.2005 for schools based on 2006 API |
If participating in the Deferred Maintenance Program, must deposit the Local Educational Agency's (LEA's) maximum basic amount based on the latest determination and the next scheduled determination.
The LEA shall not transfer excess local funds made from the deposits. |
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10.2.2007 – 6.30.2010 |
Deciles 1-3, based on 2006 API |
7.1.2005 for schools based on 2006 API |
If the above are not applicable, the LEA must budget for the current fiscal year an amount not less than the average maintenance budget for the previous three fiscal years.
The LEA must expend, encumber, or dedicate the above funds. |
Q. What projects are eligible for funding?
A. The ERP is a grant program and is for emergency repair or replacement projects that pose a health and safety threat to pupils and staff. Education Code Section 17592.72 lists 8 specific conditions that would be eligible to receive funding for repair or replacement under this program. Although this list is not exhaustive, it provides insight into the nature of the projects that would be considered for funding under the ERP. The ERP projects will be repairs or replacement of existing items in order to restore them to a safely functioning state. Please note that the LEA is only eligible to receive funding for the minimum work required to mitigate the health and safety hazard.
Examples of Common ERP Funding Requests
The general guiding principle behind whether something should be funded is 1) a system/component is broken or not functioning properly and a repair or replacement is to be made, and 2) the system/component creates a health and safety hazard. Following are some examples of items LEAs have asked to be reimbursed and whether the items are typically considered eligible or ineligible. For items considered typically eligible, the assumption is that the LEA has substantiated a health and safety hazard.
Items Commonly Requested for Funding
|
System/
Component |
Notes |
Typically
Eligible |
Typically
Ineligible |
|
Asbestos
Abatement |
Typically, not eligible unless the abatement is necessary work in completion of another ERP project and a qualified individual or firm provides documentation that it must be done.
|
|
X |
|
Carpet |
· Ripped or torn carpet creating tripping hazard
· Holes in carpet |
X |
|
|
Electrical |
· Replacing an electrical socket because it was not functioning
|
|
X |
|
Graffiti |
· Removal of gang-affiliated graffiti
|
X |
|
|
Ground |
· Cracked cement creating tripping hazard
· Filling holes creating tripping hazard |
X |
|
|
HVAC |
· Adjusting a thermostat
· Adding new coolant
· Cleaning ducts
· Replacement of fuses and batteries |
|
X |
|
HVAC |
· Any actual repair to make functional |
X |
|
|
Insurance Proceeds |
· Emergency repairs normally covered by insurance (including, but not limited to fire, flood, or earthquake) unless the facilities were uninsurable or the costs of insurance were prohibitive
· Insurance deductibles |
|
X |
|
Irrigation and Landscape |
· Sprinkler heads |
|
X |
|
· Repairs where the district has indicated a health and safety hazard (holes in ground, tripping, etc.)
· Drainage systems (where potential flooding exists)
· Irrigation system supply lines |
X |
|
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Kitchen Equipment |
· Non-functioning refrigerator, stove, dishwasher, etc. |
X |
|
|
Lighting |
· Replacing light bulbs |
|
X |
|
· Ballast replacement |
X |
|
|
Lunch tables |
· Indoor lunch table repairs (i.e. furniture)
|
|
X |
|
· Outdoor lunch table repairs allowed only if permanently fixed to the ground
· Indoor lunch table repairs allowed only if permanently attached to the building
|
X |
|
|
Mold Remediation |
· Any repair where district has substantiated a health and safety threat. The threat must be tested and verified by a qualified individual or firm. Must be a toxic mold, such as Stachybotrys Chartarum.
· If the mold remediation involves major structural repair, the LEA may need to apply for a Facility Hardship or Rehabilitation grant. |
X |
|
|
Playground Equipment |
· Broken playground equipment creating a health and safety hazard |
X |
|
|
Ramps |
· Repairs to broken ramps or railings |
X |
|
|
Remodels |
· In order to be eligible, LEA must substantiate a health and safety hazard for project as a whole and for each system/component within the project |
|
X |
|
Restrooms |
· Unclogging toilets or sinks |
|
X |
|
· Plumbing work
· Toilet and sink repairs |
X |
|
|
Roofing |
· Leaking roofs
· Roofs with flying debris |
X |
|
|
Security |
· Re-keying a school because a key was lost by staff member
· Cleaning or adjusting locks |
|
X |
|
· Repairing a door lock
· Repairing fences and gates
· Replacing existing locks if broken |
X |
|
|
Tree Removal |
· Disallowed unless application includes documentation from an arborist verifying the tree must be taken down |
|
X |
|
Vermin |
· Spraying for ants, spiders, roaches, gophers, etc. (unless part of a major infestation)
· Trapping/Baiting
· Monthly pest control services |
|
X |
|
· Eradicating an infestation |
X |
|
|
Water |
· Adjusting water pressure |
|
X |
|
· Drinking fountain repairs |
X |
|
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Walls |
· Painting and other repairs (only where the district has substantiated a health and safety hazard)
· Repairing holes in walls (where district has substantiated a health and safety hazard) |
X |
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Q. Is there any specific documentation that I need to submit with my Grant Request (Form SAB 61-03)?
A. Yes, a list of required documentation and information is on the first page of the Grant Request (Form SAB 61-03) and Expenditure Report (Form SAB 61-04). You can also use the Application Submittal Requirements Checklist. In addition to submitting documentation to substantiate a health and safety hazard, the LEA must submit a cost estimate that details all expenditures for the projects. For a list of other required documentation the LEA must retain in their file, see the instructions included with the Grant Request (Form SAB 61-03) and the Expenditure Report (Form SAB 61-04). The LEA will need to produce this documentation when the project is audited.
Q. How can I be certain that my repair project will qualify for a grant? Is there a pre-approval system?
A. Under the previous ERP provisions, the OPSC provided a letter to LEAs that submitted a "Pre-Assessment Request" indicating whether their projects appear to qualify for ERP funding. Under AB 607 Regulation changes (effective July 2, 2007), the OPSC will no longer be accepting the Pre-Assessment Requests. Instead, the LEA would submit a completed Form SAB 61-03 along with the required documents to request a grant and determine project eligibility.
Q. What if the expenditure amounts reported on the Expenditure Report (Form SAB 61-04) do not match the apportioned grant based on the cost estimate reported on the Grant Request (Form SAB 61-03)?
A. If the actual eligible expenditures are greater than the initial apportionment, the OPSC will prepare an adjusted grant request to the State Allocation Board, provided there are still sufficient funds. If funds are insufficient for a given month, all grant adjustments will be placed on an unfunded list. Grants will be funded first with any remaini | 
