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Q. The District has passed a local bond and wants to use bond proceeds in lieu of the Joint-Use Partner's 25% matching share. Is this permitted?
A. Yes. However, the District's bond language must contain specific information regarding the Joint-Use project. The bond language approved by the voters must identify the type of facility being constructed; the site where the Joint-Use project will be located; and language acknowledging that the facility will be used for community and/or joint-use purposes outside of normal school usage.
Q. What are the components of an acceptable Joint-Use Agreement?
A.
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An approvable Joint-Use Agreement must meet the criteria of Education Code 17077.42 and have been executed prior to submittal with the following provisions included:
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Joint-Use partner must be either a governmental agency, higher education or a non-profit organization;
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Joint-Use Agreement must specify the method of sharing capital and operating costs;
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Joint-Use Agreement must specify the responsibilities for staffing and operating the facility for both school and community use;
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Include a provision detailing the manner in which the safety of students during school hours will be ensured;
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Joint-Use Agreement must specify Joint-Use Partner's and/or District's financial contribution by percentages. The combination of both must total the 50 percent matching share of eligible costs in the project; and
- The final required provision of the Joint-Use Agreement must indicate that the Joint-Use facility is available for community and/or joint-use purposes outside of normal school district usage for the maximum extent possible.Q.
Q. Are the joint-use classrooms that I built for pupil academic achievement or teacher education chargeable for purposes of my new construction eligibility under the School Facility Program? A. No. The district must count the classrooms if the new construction baseline has not been established, but the district may exclude the classrooms based on Regulation Section 1859.32(m). If the district's new construction baseline has been established, the district does not have to count the classrooms based on Regulation Section 1859.51(i)(6).
Q. Can I acquire a site with joint-use funding? A. No. If the district needs to purchase a site, they should do so under their new construction funding application (for a Type I or Type II).
Q. Can I place my joint-use facility on leased land? A. Yes, as long as the leased land includes a kindergarten to grade 12, inclusive school and the criteria of Regulation Section 1859.22 are met. Keep in mind that costs to lease the land are not allowable expenditures.
Q. The funds were exhausted before my project received funding. Now what? A. The OPSC will return the application to the district and provided they meet eligibility criteria, the district can resubmit the application in future funding cycles.
Q. Can I submit more than one application for my district? A. Yes, there is no limit to the number of applications that a district can submit.
Q. My school serves K-8 pupils. Will I receive the maximum grant for an elementary or a middle school? A. The maximum grant the district can receive is for the highest grade level served. In this instance, it would be the middle school maximum allowance of $1.5 million.
Q. What will happen to the savings of my project? A. The savings will be subject to current SFP guidelines as set forth in Regulation Section 1859.103, Savings. |