reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 3 - Charter School Facilities Credit Enhancement Grant Program › Section 10195 - Eligible Use of Program Funds and Maximum Award

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Program
				funds must be applied toward funding the primary debt service reserve
				requirement for debt issued by or through the Authority for an Awardee to
				acquire, renovate or construct Charter School facilities, or refinance existing
				Charter School facility debt.
(b)
				The Authority may make awards of up to $1,500,000 per Application for uses
				listed in subdivision (a) above.
(c) The term of repayment for any financing
				in conjunction with a Program award, pursuant to this Article, shall not exceed
				the useful life of the financed asset.
(d) The grant award shall be held in trust by
				the Authority or an Authority approved financial institution, solely for
				authorized purposes and shall not be released to Awardees without the
				Authority's or trustee's approval. As deemed appropriate by the Authority,
				conditions for release of the Program funds throughout the term of the
				financing will be determined by the Authority, in collaboration with all
				lending parties, prior to closing of the financing.
(e) Awards of a reservation of funds shall be
				released and returned to the Authority when the funds are no longer needed for
				the authorized purposes.
(f) Awards
				of a reservation of funds will expire if the Awardee does not use the awarded
				funds within six months of Authority approval. Exceptions may be granted by the
				Authority.
1. New section
				  filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
2.
				  Amendment filed 5-16-2013; operative 5-16-2013 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2013, No. 20).
3. Amendment of subsection (b) filed
				  3-17-2022 as an emergency; operative 3-17-2022 (Register 2022, No. 11). A
				  Certificate of Compliance must be transmitted to OAL by 9-13-2022 or emergency
				  language will be repealed by operation of law on the following day.
4. Amendment of subsection (b) refiled 9-13-2022 as an emergency;
				  operative 9-14-2022 (Register 2022, No. 37). A Certificate of Compliance must
				  be transmitted to OAL by 12-13-2022 or emergency language will be repealed by
				  operation of law on the following day.
5. Amendment of subsection
				  (b) refiled 12-13-2022 as an emergency; operative 12-14-2022 (Register 2022,
				  No. 50). A Certificate of Compliance must be transmitted to OAL by 3-14-2023 or
				  emergency language will be repealed by operation of law on the following
				  day.
6. Reinstatement of section as it existed prior to 3-17-2022
				  emergency amendment by operation of Government Code section
				  11346.1(f)
				  (Register 2023, No. 11).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 3 - Charter School Facilities Credit Enhancement Grant Program › Section 10196 - Application Review and Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Authority will evaluate and determine Program awards
				  based on the following:
(a) The
				Applicant meets all Applicant Eligibility Criteria under Section
				10194.
(b) The Applicant demonstrates to the
				Authority all of the following:
(1) Agreement
				to use the intercept method to repay the associated financed debt, pursuant to
				Education Code section
				17199.4(a)(4);
(2) Ability to demonstrate to the Authority
				that Program funds are leveraged at a minimum of an 8:1 project-to-award ratio.
				For purposes of the leverage calculation, the project funds may include, but
				not be limited to, loans and capital and equity contributions; and
(3) Ability to secure private placement of
				its debt with an investor(s), secure an investment grade credit rating from a
				national credit rating agency in conjunction with a public sale, or other
				evidence, satisfactory to the Authority, that the transaction will be
				completed.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 3 - Charter School Facilities Credit Enhancement Grant Program › Section 10197 - Content of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Completed Applications for award of a reservation of funds
				  and all supporting documentation shall be submitted to the Authority and shall
				  include, but not be limited to, all of the following:
(a) Application for a reservation of funds
				designated by the Authority for an applicable financing program.
(b) A detailed description of the school
				facility to be financed with the award.
(c) Description of how the award provided
				through the facilities financing will be used.
(d) Copy of current charter agreement and
				verification of the expiration date.
(e) Evidence that the Charter School operates
				as, or is operated by, a nonprofit public benefit corporation formed and
				organized pursuant to the Nonprofit Public Benefit Corporation Law (Part 2
				(commencing with section
				5110) of Division 2 of Title 1 of
				the Corporations Code), or is organized under section
				501(c)(3) of the
				Internal Revenue Code or other evidence, satisfactory to the Authority, that
				the school operates on a nonprofit basis.
(f) A completed questionnaire of the entity's
				legal status.
(g) Adopted budget
				for the current year.
(h) Projected
				budgets for the next three years.
(i) Audited financial statements for the last
				three years, if applicable.
(j)
				Information regarding student performance, attendance, enrollment and retention
				rates.
(k) Documentation that the
				Applicant holds title or other interest in the financed facility, including
				right of access.
(l) Verification
				the Charter School is in good standing with its Charter Authorizer and in
				compliance with the terms of its charter at the time of Application submission
				and throughout the term the funds are reserved. Such verification must be
				provided directly from the Charter Authorizer on a form provided by the
				Authority. Charter Schools may appeal any response by the Charter Authorizer's
				staff directly to the Charter Authorizer's governing board.
(m) Any additional information that the
				Authority deems necessary to evaluate the Application.
1. New section
				  filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
2.
				  Amendment of first paragraph and subsections (e), (l) and (m) filed 5-16-2013;
				  operative 5-16-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 20).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 3 - Charter School Facilities Credit Enhancement Grant Program › Section 10198 - Audits and Conflicts of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				State may conduct or require periodic audits to ensure Awardees are using funds
				consistent with the requirements and the terms of the Program, the related
				financing program, and this Article as approved. Awardees shall retain all
				documentation and financial data necessary to substantiate the purposes for
				which the financing funds were spent for a period of three years after the
				certification of completion and repayment of the debt or three years after the
				Program funds are no longer held in reserve, whichever is longer.
(b) Applicants and Awardees must avoid
				apparent and actual conflicts of interest when participating in grants from the
				U.S. Department of Education. U.S. Department of Education regulations at
				34 CFR
				75.525(a) prohibit a person
				from participating in an administrative decision regarding a project if (a) the
				decision is likely to benefit that person or his or her immediate family
				members; and (b) the person is a public official or has a family or business
				relationship with the Awardee.
				34 CFR
				75.525(b) provides further
				that an Awardee may not permit any person participating in a project to use his
				or her position for a purpose that is -- or gives the appearance of being --
				motivated by a desire for a private or financial gain for that person or for
				others.
(c) When relying on federal
				funds to enter into a contract, a State or local entity benefiting from a grant
				must comply with 34 CFR
				80.36. These standards require federal grant
				Awardees to develop written procurement procedures and to conduct all
				procurement transactions in a manner that provides, to the maximum extent
				possible, open and free competition. No employee, officer, or agent of the
				Awardee may participate in the selection, award, or administration of any
				contract supported by federal funds if a real or apparent conflict of interest
				exists.
(d) The Authority reserves
				the right to conduct site visits to any Charter School facility or project
				receiving a reservation of funds pursuant to this Article.
(e) Participants will be required to
				routinely submit documentation in order to support continued eligibility on at
				least an annual basis.
(f) Awardees
				shall comply with all State and Federal requirements throughout the award
				period.
1. New section
				  filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
2.
				  Amendment of subsection (d) filed 5-16-2013; operative 5-16-2013 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 20).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 3 - Charter School Facilities Credit Enhancement Grant Program › Section 10199 - Funding Contingency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Program
				funds will be released upon the execution of a Program agreement with the
				Authority.
(b) This Program is
				contingent upon the receipt and ongoing availability of funds by the U.S.
				Department of Education.
1. New section
				  filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 4 - Project Acceleration Notes and Credit Enhancement Alternatives (Panacea) Program › Section 10200 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements the California School Finance
				  Authority's (Authority) administration of the Charter School Facilities Credit
				  Enhancement Grant Program (CFDA #84.354A) fund(s) received by the Authority
				  from the U. S. Department of Education. The funds will be disbursed through the
				  Authority's Project Acceleration Notes and Credit Enhancement Alternatives
				  (PANACEA) Program (Program) to provide credit enhancement to facilitate the
				  financing of the purchase, construction, and/or renovation of facilities for
				  California public Charter Schools. Funds awarded under the Program will be used
				  in conjunction with funding provided through the Charter School Facilities
				  Program (CSFP) or the Authority's Conduit Financing Program (Non-CSFP).
1. New article
				  4 (sections
				  10200-10200.7) and section filed
				  12-12-2018; operative 12-12-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 50).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 4 - Project Acceleration Notes and Credit Enhancement Alternatives (Panacea) Program › Section 10200.2 - Applicant Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Applicant shall be eligible to apply for an award of a
				  reservation of funds under this Program if all of the following conditions are
				  met, where applicable:
(a) In the case
				of an Application associated with CSFP funding, an Advance or Final
				Apportionment has been awarded under CSFP.
(b) An approved charter has been awarded and
				is in place and current at the time of Application throughout the Application
				review and approval process and throughout the term of an award.
(c) The Charter School is in good standing
				with its Charter Authorizer and is in compliance with the terms of its charter
				at the time of Application submission. The Authority will rely on information
				from the Charter Authorizer regarding the Charter School's good standing and
				compliance with the terms of its charter.
(d) The Charter School is established
				pursuant to Education Code section
				47600 et
				seq., and also meets the federal definition of Charter School as defined in
				section 5210(1) of the
				ESEA as amended by the NCLB of 2001.
1. New section
				  filed 12-12-2018; operative 12-12-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 50).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Sections
					 17180 and
					 47600 et seq., Education
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 4 - Project Acceleration Notes and Credit Enhancement Alternatives (Panacea) Program › Section 10200.3 - Award Allocation and Eligible Use of Program Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority may make awards of up to $1,000,000 per Application for uses listed
				in subdivision (b) below.
(b)
				Program funds may be applied towards funding the primary debt service reserve
				requirement for:
(1) interim financing
				associated with a CSFP project; or
(2) debt associated with the acquisition,
				renovation, construction and / or refinancing of charter school
				facilities.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 4 - Project Acceleration Notes and Credit Enhancement Alternatives (Panacea) Program › Section 10200.4 - Application Review and Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grants
				under the Program shall be available and awarded on a rolling first-come,
				first-served basis to the extent that funding and appropriations are available,
				and the requirements of the Program are satisfied. The Application review
				process will remain open only to the extent of available funding.
(b) Applicants must meet one of the following
				criteria in order to be eligible for funding. The Authority will evaluate and
				determine Program awards based on the following, with increasing preference
				given based on the number of criteria the Applicant meets:
(1) Applicants located in a school district
				and/or county where at least 50% of students do not meet the State standard for
				proficiency in either math or language on the state assessment; or
(2) Applicants located in a school district
				and/or county with 60% or more of the student population eligible for free or
				reduced-price lunch; or
(3)
				Applicants having more than 50% of current or projected student enrollment who
				are eligible for free or reduced-price lunch; or
(4) Applicants located in a school district
				and/or county where at least 15% of public schools have been identified for
				improvement or corrective action or schools identified by the California
				Department of Education, pursuant to ESEA as amended by the NCLB of 2001, as
				needing support; or
(5) Applicants
				awarded an Advance or Final apportionment through CSFP.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 4 - Project Acceleration Notes and Credit Enhancement Alternatives (Panacea) Program › Section 10200.5 - Content of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				Applicants seeking an award related to a CSFP project, the following must be
				submitted to the Authority and shall include, but not be limited to, all of the
				following:
(1) PANACEA Program Application
				(with the CSFP Financing box checked);
(2) Copy of CSFP Award Letter from the Office
				of Public School Construction (OPSC), if applicable;
(3) A detailed description of the project
				costs to be enhanced with the award;
(4) A detailed timeline of the project's
				relevant milestones;
(5) Copy of
				current charter agreement and verification of the expiration date;
(6) Verification the Charter School is in
				good standing with its Chartering Authorizer and in compliance with the terms
				of its charter. Such verification must be provided directly from the Chartering
				Authorizer on Form CSFA 07-03 (rev. September 2018), incorporated herein by
				reference. Charter Schools may appeal any response by the Chartering
				Authorizer's staff directly to the Chartering Authorizer's governing board. It
				shall be the Charter School's responsibility, and not the Authority's, to
				ensure that the good standing and compliance response letter is received by the
				stated deadline(s);
(7) A completed
				legal status questionnaire Form CSFA 07-04 (rev. September 2018), incorporated
				herein by reference; and
(8) Any
				additional information that the Authority deems necessary to evaluate the
				Application.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 4 - Project Acceleration Notes and Credit Enhancement Alternatives (Panacea) Program › Section 10200.6 - Audits and Conflicts of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				State may conduct or require periodic audits to ensure Awardees are using funds
				consistent with the requirements and the terms of the Program, the related
				financing program, and this Article as approved. Awardees shall retain all
				documentation and financial data necessary to substantiate the purposes for
				which the financing funds were spent for a period of three years after the
				certification of completion and repayment of the debt or three years after the
				Program funds are no longer held in reserve, whichever is longer.
(b) Applicants and Awardees must avoid
				apparent and actual conflicts of interest when participating in grants from the
				U.S. Department of Education. U.S. Department of Education regulations at
				34 CFR
				75.525(a) prohibit a person
				from participating in an administrative decision regarding a project if (a) the
				decision is likely to benefit that person or his or her immediate family
				members; and (b) the person is a public official or has a family or business
				relationship with the Awardee.
				34 CFR
				75.525(b) provides further
				that an Awardee may not permit any person participating in a project to use his
				or her position for a purpose that is -- or gives the appearance of being --
				motivated by a desire for a private or financial gain for that person or for
				others.
(c) When relying on federal
				funds to enter into a contract, a State or local entity benefiting from a grant
				must comply with 34 CFR
				80.36. These standards require federal grant
				Awardees to develop written procurement procedures and to conduct all
				procurement transactions in a manner that provides, to the maximum extent
				possible, open and free competition. No employee, officer, or agent of the
				Awardee may participate in the selection, award, or administration of any
				contract supported by federal funds if a real or apparent conflict of interest
				exists.
(d) The Authority reserves
				the right to conduct site visits to any Charter School facility or project
				receiving a reservation of funds pursuant to this Article.
(e) Participants will be required to
				routinely submit documentation in order to support continued eligibility on at
				least an annual basis.
(f) Awardees
				shall comply with all State and Federal requirements throughout the award
				period.
1. New section
				  filed 12-12-2018; operative 12-12-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 50).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 4 - Project Acceleration Notes and Credit Enhancement Alternatives (Panacea) Program › Section 10200.7 - Funding Contingency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Program
				funds will be released upon the execution of a performance agreement between
				the Authority and U.S. Department of Education.
(b) This Program is contingent upon the
				receipt and ongoing availability of funds by the U.S. Department of
				Education.
1. New section
				  filed 12-12-2018; operative 12-12-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 50).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 5 - Charter Access to Bank Loan Enhancement (Charter Able) Program › Section 10200.8 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements the California School Finance
				  Authority's (Authority) administration of the Charter School Facilities Credit
				  Enhancement Grant Program (CFDA #84.354A) fund(s) received by the Authority
				  from the U.S. Department of Education (DOE). The funds will be disbursed
				  through the Authority's Charter Access to Bank Loan Enhancement Program
				  (Program) to provide credit enhancement to facilitate the financing of the
				  construction and/or renovation of facilities for California public Charter
				  Schools.
1. New article
				  5 (sections
				  10200.8-10200.15) and section filed
				  3-21-2022 as an emergency; operative 3-21-2022 (Register 2022, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New article 5 (sections
				  10200.8-10200.15) and section
				  refiled 9-21-2022 as an emergency; operative 9-21-2022 (Register 2022, No. 38).
				  A Certificate of Compliance must be transmitted to OAL by 12-20-2022 or
				  emergency language will be repealed by operation of law on the following
				  day.
3. New section refiled 12-19-2022 as an emergency; operative
				  12-21-2022 (Register 2022, No. 51). A Certificate of Compliance must be
				  transmitted to OAL by 3-21-2023 or emergency language will be repealed by
				  operation of law on the following day.
4. Certificate of Compliance
				  as to 12-19-2022 order transmitted to OAL 3-17-2023 and filed 5-1-2023
				  (Register 2023, No. 18).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 5 - Charter Access to Bank Loan Enhancement (Charter Able) Program › Section 10200.10 - Applicant Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Applicant shall be eligible to apply for an award of
				  Program funds under this Program if all of the following conditions are
				  met:
(a) An approved charter has been
				awarded and is in place and current at the time of Application and throughout
				the Application review and approval process.
(b) The Charter School is in good standing
				with its Charter Authorizer and is in compliance with the terms of its charter
				at the time the Application is submitted. The Authority will rely on
				information from the Charter Authorizer regarding the Charter School's good
				standing and compliance with the terms of its charter.
(c) The Charter School is established
				pursuant to Education Code section
				47600 et
				seq., and also meets the federal definition of Charter School as defined in
				section 5210(1) of the
				ESEA as amended by the NCLB of 2001.
1. New section
				  filed 3-21-2022 as an emergency; operative 3-21-2022 (Register 2022, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 9-21-2022 as an emergency; operative
				  9-21-2022 (Register 2022, No. 38). A Certificate of Compliance must be
				  transmitted to OAL by 12-20-2022 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  12-19-2022 as an emergency; operative 12-21-2022 (Register 2022, No. 51). A
				  Certificate of Compliance must be transmitted to OAL by 3-21-2023 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 12-19-2022 order transmitted
				  to OAL 3-17-2023 and filed 5-1-2023 (Register 2023, No. 18).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Sections
					 17180,
					 47604,
					 47604.1 and
					 47604.2,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 5 - Charter Access to Bank Loan Enhancement (Charter Able) Program › Section 10200.11 - Award Allocation and Eligible Use of Program Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Program
				funds shall be applied towards funding the primary debt service reserve
				requirement for debt associated with the renovation and/or construction of
				charter school facilities. The Authority may make awards of up to maximum
				annual debt service per Financing, with an award dollar limit of
				$2,000,000.
(b) The grant award
				shall be held in trust by the Authority, or an Authority approved financial
				institution solely for authorized purposes and shall not be released to
				Awardees without the Authority's or trustee's approval. As deemed appropriate
				by the Authority, conditions for release of the Program funds throughout the
				term of the financing will be determined by the Authority, in collaboration
				with all lending parties, prior to closing of the financing.
(c) Awards of Program funds shall be released
				and returned to the Authority when the funds are no longer needed for the
				authorized purposes.
(d) Awards of
				a Program funds will expire if the Awardee does not use the awarded funds by
				closing the financing within six months of Authority approval. Additional time
				may be granted by the Authority on a case-by-case basis.
(e) Every applicant shall be required to pay
				an application filing fee of $1,000. This fee shall be paid to the Authority
				and shall be submitted with the application. This fee is not
				refundable.
1. New section
				  filed 3-21-2022 as an emergency; operative 3-21-2022 (Register 2022, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 9-21-2022 as an emergency; operative
				  9-21-2022 (Register 2022, No. 38). A Certificate of Compliance must be
				  transmitted to OAL by 12-20-2022 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  12-19-2022 as an emergency; operative 12-21-2022 (Register 2022, No. 51). A
				  Certificate of Compliance must be transmitted to OAL by 3-21-2023 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 12-19-2022 order transmitted
				  to OAL 3-17-2023 and filed 5-1-2023 (Register 2023, No. 18).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 5 - Charter Access to Bank Loan Enhancement (Charter Able) Program › Section 10200.12 - Application Review and Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grants
				under the Program shall be available and awarded on a rolling first-come,
				first-served basis to the extent that funding and appropriations are available,
				and the requirements of the Program are satisfied. The Application will close
				when funding is no longer available.
(b) The Authority will evaluate and determine
				Program awards based on the following, with increasing preference given based
				on the number of criteria the Applicant meets. Applicants must meet at least
				one of the following criteria to be eligible for funding:
(1) Applicant is located in a school district
				and/or county where at least 50% of students do not meet the State standard for
				proficiency in either math or language on the state assessment; or
(2) Applicant is located in a school district
				and/or county with more than 50% of the student population eligible for free or
				reduced-price lunch; or
(3)
				Applicant has more than 50% of current or projected student enrollment who are
				eligible for free or reduced-price lunch.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 5 - Charter Access to Bank Loan Enhancement (Charter Able) Program › Section 10200.13 - Content of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Applicants seeking grant funds must submit to the Authority all of the
				following:
(1) Charter ABLE Program
				Application.
(2) A detailed
				description of the project costs to be enhanced with the award.
(3) A detailed timeline of the project's
				relevant milestones.
(4) Copy of
				current charter agreement and verification of the expiration date.
(5) Verification the Charter School is in
				good standing with its Chartering Authorizer and in compliance with the terms
				of its charter.
1. Such verification must be
				provided directly from the Chartering Authorizer on CSFA Form 1119 as
				incorporated by reference in Title 4 section
				10170.17(j) of the
				California Code of Regulations.
2.
				Charter Schools may appeal any response by the Chartering Authorizer's
				staff-directly to the Chartering Authorizer's governing board.
3. It shall be the Charter School's
				responsibility, and not the Authority's, to ensure that the good standing and
				compliance response letter is received by the stated
				deadline(s).
(6) A
				completed legal status questionnaire CSFA Form 07-04 as incorporated by
				reference in Title 4 Section
				10200.5(a)(7) of
				the California Code of Regulations.
(7) Evidence that the Charter School operates
				as, or is operated by, a nonprofit public benefit corporation formed and
				organized pursuant to the Nonprofit Public Benefit Corporation Law (Part 2
				(commencing with section
				5110) of Division 2 of Title 1 of
				the Corporations Code), or is organized under section
				501(c)(3) of the
				Internal Revenue Code or other evidence, satisfactory to the Authority, that
				the school operates on a nonprofit basis.
(8) Adopted budget for the current
				year.
(9) Projected budgets for the
				next three years.
(10) Audited
				financial statements for the last three years, if applicable.
(11) Three year historical enrollment figures
				including retention rates.
(12)
				Five-year projected enrollment figures including retention rates.
(13) Documentation that the Applicant holds
				title or other interest in the financed facility, including right of
				access.
(14) Any additional
				information that the Authority deems necessary to evaluate the
				Application.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 5 - Charter Access to Bank Loan Enhancement (Charter Able) Program › Section 10200.15 - Funding Contingency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Program
				funds will be released upon the execution of a performance agreement between
				the Authority and ED.
(b) This
				Program is contingent upon the receipt and ongoing availability of funds by the
				ED.
1. New section
				  filed 3-21-2022 as an emergency; operative 3-21-2022 (Register 2022, No. 12). A
				  Certificate of Compliance must be transmitted to OAL by 9-19-2022 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 9-21-2022 as an emergency; operative
				  9-21-2022 (Register 2022, No. 38). A Certificate of Compliance must be
				  transmitted to OAL by 12-20-2022 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  12-19-2022 as an emergency; operative 12-21-2022 (Register 2022, No. 51). A
				  Certificate of Compliance must be transmitted to OAL by 3-21-2023 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 12-19-2022 order transmitted
				  to OAL 3-17-2023 and filed 5-1-2023 (Register 2023, No. 18).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 6 - Charter Fine Enhancement (Charter Fine) Program › Section 10200.16 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements the California School Finance
				  Authority's (Authority) administration of the Charter School Facilities Credit
				  Enhancement Grant Program (CFDA #84.354A) fund(s) received by the Authority
				  from the U.S. Department of Education. The funds will be disbursed through the
				  Authority's Charter Finance Enhancement Program to provide credit enhancement
				  to facilitate the financing of the construction and/or renovation of facilities
				  for California public Charter Schools.
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 6 - Charter Fine Enhancement (Charter Fine) Program › Section 10200.17 - 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, school district, or educational management
				organization applying on behalf of a Charter School for an award under this
				Article.
(b) "Authority" shall mean
				the California School Finance Authority.
(c) "Awardee" shall mean an Applicant awarded
				program funds on behalf of a Charter School.
(d) "Bank Loan Program" shall mean the
				Authority's financing program established through Education Code 17180, et
				seq.
(e) "Charter FinE Program
				Application" shall mean Form CSFA 12-22 (rev. December 2022) incorporated
				herein by reference.
(f) "Charter
				Authorizer" 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.
(g) "Charter School" shall mean a school
				established pursuant to Education Code section
				47600 et
				seq. that also meets 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.
(h) "ED" shall mean the U.S. Department of
				Education.
(i) "ESEA" shall mean
				the Elementary and Secondary Education Act of 1965 (20 USCA section
				7221(i)).
(j) "Financing" shall mean one or more series
				of conduit bonds issued by the California School Finance Authority within a
				60-day period to finance the Applicant's project pursuant to the same plan of
				financing with bond repayment expected to be from the same source of
				funds.
(k) "NCLB" shall mean the No
				Child Left Behind Act of 2001.
(l)
				"Program" shall mean the Charter Finance Enhancement (Charter FinE) Program
				(CFDA #84.354A).
(m) "Trustee"
				shall mean a financial institution approved by the Authority for the purpose of
				holding and administering the grant award.
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Sections
					 17173,
					 47604,
					 47604.1,
					 47604.2,
					 47605 and
					 47612.5(e)(1),
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 6 - Charter Fine Enhancement (Charter Fine) Program › Section 10200.18 - Applicant Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Applicant shall be eligible to apply for an award of
				  Program funds under this Program if all of the following conditions are
				  met:
(a) An approved charter has been
				awarded and is in place and current at the time of Application and throughout
				the Application review and approval process.
(b) The Charter School is in good standing
				with its Charter Authorizer and is in compliance with the terms of its charter
				at the time the Application is submitted. The Authority will rely on
				information from the Charter Authorizer regarding the Charter School's good
				standing and compliance with the terms of its charter.
(c) The Charter School is established
				pursuant to Education Code section
				47600 et
				seq., and also meets the federal definition of Charter School as defined in
				section 5210(1) of the
				ESEA as amended by the NCLB of 2001.
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Sections
					 17180,
					 47604,
					 47604.1 and
					 47604.2,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 6 - Charter Fine Enhancement (Charter Fine) Program › Section 10200.19 - Award Allocation and Eligible Use of Program Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Program
				funds shall be applied towards funding the primary debt service reserve
				requirement for debt associated with the renovation and/or construction of
				charter school facilities. The Authority may make awards of up to maximum
				annual debt service per Financing, with an award dollar limit of
				$2,000,000.
(b) The grant award
				shall be held in trust by the Authority, or an Authority approved financial
				institution solely for authorized purposes and shall not be released to
				Awardees without the Authority's or trustee's approval. As deemed appropriate
				by the Authority, conditions for release of the Program funds throughout the
				term of the financing will be determined by the Authority, in collaboration
				with all lending parties, prior to closing of the financing.
(c) Awards of Program funds shall be released
				and returned to the Authority when the funds are no longer needed for the
				authorized purposes.
(d) Awards of
				a Program funds will expire if the Awardee does not use the awarded funds by
				closing the financing within six months of Authority approval. Additional time
				may be granted by the Authority on a case-by-case basis.
(e) Every applicant shall be required to pay
				an application filing fee of $1,000. This fee shall be paid to the Authority
				and shall be submitted with the application. This fee is not
				refundable.
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 6 - Charter Fine Enhancement (Charter Fine) Program › Section 10200.20 - Application Review and Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grants
				under the Program shall be available and awarded on a rolling first-come,
				first-served basis to the extent that funding and appropriations are available,
				and the requirements of the Program are satisfied. The Application will close
				when funding is no longer available.
(b) The Authority will evaluate and determine
				Program awards based on the following, with increasing preference given based
				on the number of criteria the Applicant meets. Applicants must meet at least
				one of the following criteria to be eligible for funding:
(1) Applicant is located in a school district
				and/or county where at least 50% of students do not meet the State standard for
				proficiency in either math or language on the state assessment; or
(2) Applicant is located in a school district
				and/or county with more than 50% of the student population eligible for free or
				reduced-price lunch; or
(3)
				Applicant has more than 50% of current or projected student enrollment who are
				eligible for free or reduced-price lunch.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 6 - Charter Fine Enhancement (Charter Fine) Program › Section 10200.21 - Content of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Applicants seeking grant funds must submit to the Authority all of the
				following:
(1) Charter FinE Program
				Application.
(2) A detailed
				description of the project costs to be enhanced with the award.
(3) A detailed timeline of the project's
				relevant milestones.
(4) Copy of
				current charter agreement and verification of the expiration date.
(5) Verification the Charter School is in
				good standing with its Chartering Authorizer and in compliance with the terms
				of its charter.
1. Such verification must be
				provided directly from the Chartering Authorizer on CSFA Form 1119 as
				incorporated by reference in Title 4 section
				10170.17(j) of the
				California Code of Regulations.
2.
				Charter Schools may appeal any response by the Chartering Authorizer's
				staff-directly to the Chartering Authorizer's governing board.
3. It shall be the Charter School's
				responsibility, and not the Authority's, to ensure that the good standing and
				compliance response letter is received by the stated deadline(s).
(6) A completed legal status
				questionnaire CSFA Form 07-04 as incorporated by reference in Title 4 Section
				10200.5(a)(7) of
				the California Code of Regulations.
(7) Evidence that the Charter School operates
				as, or is operated by, a nonprofit public benefit corporation formed and
				organized pursuant to the Nonprofit Public Benefit Corporation Law (Part 2
				(commencing with section
				5110) of Division 2 of Title 1 of
				the Corporations Code), or is organized under section
				501(c)(3) of the
				Internal Revenue Code or other evidence, satisfactory to the Authority, that
				the school operates on a nonprofit basis.
(8) Adopted budget for the current
				year.
(9) Projected budgets for the
				next three years.
(10) Audited
				financial statements for the last three years, if applicable.
(11) Three year historical enrollment figures
				including retention rates.
(12)
				Five-year projected enrollment figures including retention rates.
(13) Documentation that the Applicant holds
				title or other interest in the financed facility, including right of
				access.
(14) Any additional
				information that the Authority deems necessary to evaluate the
				Application.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 6 - Charter Fine Enhancement (Charter Fine) Program › Section 10200.22 - Audits and Conflicts of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				State may conduct or require periodic audits to ensure Awardees are using funds
				consistent with the requirements and the terms of the Program, the related
				financing program, and this Article. Awardees shall retain all documentation
				and financial data necessary to substantiate the purposes for which the
				financing funds were spent for a period of three years after the certification
				of completion and repayment of the debt or three years after the Program funds
				are no longer held in reserve, whichever is longer.
(b) Applicants and Awardees must avoid
				apparent and actual conflicts of interest when participating in grants from ED.
				ED regulations at 34 CFR
				75.525(a) prohibit a person
				from participating in an administrative decision regarding a project if (a) the
				decision is likely to benefit that person or their immediate family members;
				and (b) the person is a public official or has a family or business
				relationship with the Awardee.
				34 CFR
				75.525(b) provides further
				that an Awardee may not permit any person participating in a project to use
				their position for a purpose that is - or gives the appearance of being -
				motivated by a desire for a private or financial gain for that person or for
				others.
(c) When the acquisition of
				property or services are funded through a federal grant, a State or local
				entity benefiting from a grant must comply with
				2 CFR
				200.318 through
				2 CFR
				200.327. These standards require federal
				grant Awardees to develop written procurement procedures and to conduct all
				procurement transactions in a manner that provides, to the maximum extent
				possible, open and free competition. No employee, officer, or agent of the
				Awardee may participate in the selection, award, or administration of any
				contract supported by federal funds if a real or apparent conflict of interest
				exists.
(d) The Authority reserves
				the right to conduct site visits to any Charter School facility or project
				receiving Program funds pursuant to this Article.
(e) Participants will be required to
				routinely submit documentation in order to support continued eligibility on at
				least an annual basis.
(f) Awardees
				shall comply with all State and Federal requirements throughout the award
				period.
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Section
					 17180,
					 Education Code.