California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 4 - Office of Public School Construction › Group 1 - State Allocation Board › Subgroup 5.5 - Regulations Relating to the Leroy F. Greene School Facilities Act of 1998: (School Facility Program) › Article 11 - Miscellaneous School Facility Program Requirements › Section 1859.106.1 - Repayment of State Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon adoption of the audit findings by the Board and
							 in lieu of the collection procedures outlined in Education Code Section
							 17076.10(c)(1),
							 a school district, county office of education, or Charter School may request a
							 repayment schedule of up to twenty years, in equal annual installments, if the
							 total repayment of State funds within 60 days of the Board action would cause
							 the school district, county office of education, or Charter School to fall into
							 fiscal distress. School districts, county offices of education, or Charter
							 Schools requesting a repayment schedule must be in a severe hardship condition
							 as evidenced by at least one of the following criteria:
(a) For a school district or county office of
						  education, the district or county office of education is listed on the current
						  CDE List of Negative and Qualified Certifications of School Districts and
						  County Offices of Education.
(b)
						  For a school district or county office of education, the amount due to the
						  State for one or more projects would cause the district or county office of
						  education to be listed on the CDE List of Negative and Qualified Certifications
						  of School Districts and County Offices of Education report. Where the financial
						  condition of a school district is involved, the county office of education must
						  submit a letter to the OPSC on behalf of its representative school districts
						  for consideration substantiating that the repayment will place the district on
						  the CDE List of Negative and Qualified Certifications of School Districts and
						  County Offices of Education. Where the financial condition of a county office
						  of education is involved, the CDE must submit a letter to the OPSC on behalf of
						  the county office of education for consideration substantiating that the
						  repayment will place the county office of education on the CDE List of Negative
						  and Qualified Certifications of School Districts and County Offices of
						  Education.
(c) For a Charter
						  School, the amount due to the State for one or more projects would cause the
						  Charter School severe financial hardship. The Charter School's authorizing
						  agency must submit a letter to the OPSC on behalf of the Charter School for
						  consideration substantiating that the repayment may result in the Charter
						  School being unable to meet its financial obligations for the current or
						  subsequent two fiscal years.
The repayment schedule will commence on July 1 of the
							 fiscal year following the repayment schedule approval date.
1. New
							 section filed 1-8-2007 as an emergency; operative 1-8-2007 (Register 2007, No.
							 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2007 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 1-8-2007 order, including
							 amendment of section and NOTE, transmitted to OAL 5-8-2007 and filed 6-20-2007
							 (Register 2007, No. 25).
3. Amendment filed 12-18-2014; operative
							 1-1-2015 pursuant to Government Code section
							 11343.4(b)(3)
							 (Register 2014, No. 51).
4. Amendment of first paragraph and
							 subsection (c) and amendment of NOTE filed 5-2-2022; operative 7-1-2022
							 (Register 2022, No. 18).
Note: Authority cited: Section
								17070.35,
								Education Code. Reference: Sections
								17070.35,
								17076.10
								and
								17078.52,
								Education Code.