California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 2 - 2004 and 2009 State Charter School Facilities Incentive Grants Programs › Section 10176 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following words and phrases shall have the meaning as
				  described below:
(a) "Applicant" shall
				mean the charter school or educational management organization applying on
				behalf of a charter school for a grant under this article.
(b) "Application" shall mean a completed
				State Charter School Facilities Incentive Grants Program (CFDA #84.282D) online
				application (Form CSFA 05-01, rev. 3/2016), incorporated herein by reference,
				as defined and developed by the Authority and available on its website, and all
				other documents required to be submitted to the Authority.
(c) "Average Daily Attendance" (ADA) shall
				mean the unit of attendance as reported by the California Department of
				Education (CDE) for the second period of the school year.
(d) "CALPADS" shall mean the enrollment
				information provided through the California Longitudinal Pupil Achievement Data
				System (CALPADS) to the CDE.
(e)
				"CBEDS Report" shall mean the enrollment information provided through the
				California Basic Educational Data System (CBEDS) to the CDE.
(f) "Charter School" shall mean a school
				meeting the definition of a charter school in Education Code section
				47600, et
				seq. and also meeting the federal definition of charter school as defined in
				section 5210(1) of the
				Elementary and Secondary Education Act of 1965 (20 USCA section
				7221(i)), as amended by the
				No Child Left Behind Act of 2001.
(g) "Charter School Facility Grant Program"
				or "SB 740 Program" shall mean the state-funded per-pupil facility grant
				program established pursuant to Education Code section
				47614.5.
(h) "Chartering Authority" shall mean the
				governing board of the school district, county board of education, or the State
				Board of Education, that granted a school's petition to become a charter school
				pursuant to Education Code section
				47605.
(i) "Classroom-Based Instruction" shall have
				the meaning set forth in Education Code section
				47612.5(e)(1).
(j) "Davis-Bacon and Related Acts" shall mean
				the following federal acts: Davis-Bacon Act --
				40 U.S.C. §
										3141, et seq.; Fair Labor Standards Act --
				29 U.S.C. §
										201, et seq; Contract Work Hours and Safety
				Standards Act -- 40 U.S.C.
				§
										3701, et seq.; and Copeland
				"Anti-Kickback" Act -- 40
				U.S.C. §
										3145 and
				18 U.S.C. §
										874.
(k) "Enrollment" shall mean the number of
				pupils enrolled in a school as collected and reported by the CDE for grades
				K-12.
(l) "Free and Reduced-Price
				Meals" (FRPM) shall mean the Free/Reduced Percentage as collected by the CDE,
				and reported by the CDE for grades K-12.
(m) "Grantee" shall mean the California
				School Finance Authority (Authority), which will serve as the administrator of
				the grant and will make final award and disbursement decisions.
(n) "Locale Code" shall mean a categorical
				code that the U.S. Department of Education has designated to identify the
				population density associated with a school's physical location. Locale codes
				are derived by matching a school's physical location represented by an address
				with U.S. Census Bureau data.
(o)
				"Low-income" shall refer to the percentage of pupils deemed to be eligible for
				free/reduced price meals as identified in the FRPM data for the school on file
				at the CDE and as identified in this section.
(p) "National Center of Education Statistics
				(NCES)" shall mean the primary entity within the U.S. Department of Education
				responsible for collecting and analyzing data related to education.
(q) "New Construction Eligibility" shall mean
				the result of the calculation determined in Education Code sections
				17071.75
				and
				17071.76.
(r) "Nonprofit Entity" shall mean an entity
				that is organized and operated for an exempt purpose as set forth in Internal
				Revenue Code section
				501(c)(3) and
				whose net earnings may not inure to the benefit of any private shareholder or
				individual, or is organized and operated by a nonprofit public benefit
				corporation, pursuant to State Corporations Code, Title 1, Division 2, Part 2,
				section 5110, et seq.
(s) "Program" shall mean the State Charter
				School Facilities Incentive Grants Program (CFDA #84.282D).
(t) "Proposition 39 pro-rata payment" shall
				mean the pro-rata share payment that a charter school makes for use of a
				district-held property pursuant to Education Code section
				47614(b)(1).
(u) "Smarter Balanced Assessment System"
				shall mean the testing criteria required under the Common Core State Standards
				(CCSS) for English Language Arts/Literacy (ELA) and Mathematics as reported by
				the CDE.
(v) "Subgrantee" shall
				mean an Applicant awarded Program funds on behalf of a charter
				school.
1. New section
				  filed 6-27-2005 as an emergency; operative 6-27-2005 (Register 2005, No. 26). A
				  Certificate of Compliance must be transmitted to OAL by 10-25-2005 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 10-17-2005 as an emergency; operative
				  10-17-2005 (Register 2005, No. 42). A Certificate of Compliance must be
				  transmitted to OAL by 2-14-2006 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 10-17-2005 order, including amendment of subsection (b), transmitted to
				  OAL 2-8-2006 and filed 3-24-2006 (Register 2006, No. 12).
4.
				  Amendment of subsections (a), (b), (g) and (i), new subsection (j) and
				  subsection relettering filed 4-19-2007; operative 4-19-2007 pursuant to
				  Government Code section
				  11343.4
				  (Register 2007, No. 16).
5. Amendment of subsections (b) and (e)
				  filed 3-23-2009; operative 4-22-2009 (Register 2009, No. 13).
6.
				  Amendment filed 3-25-2010; operative 4-24-2010 (Register 2010, No.
				  13).
7. New subsections (k), (m) and (q) and subsection relettering
				  filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
8.
				  Amendment of section and NOTE filed 4-9-2015; operative 4-9-2015 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2015, No. 15).
9. Amendment of subsection (d) filed
				  3-3-2016; operative 3-3-2016 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2016, No. 10).
10. Change without regulatory effect
				  amending subsection (d) filed 3-28-2016 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2016, No. 14).
11. Amendment filed 11-29-2017;
				  operative 1-1-2018 (Register 2017, No. 48).
12. Amendment of
				  subsections (c)-(d), (l) and (u) filed 7-26-2018; operative 7-26-2018 pursuant
				  to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 30).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Sections
					 17180,
					 47605 and
					 47612.5,
					 Education Code.