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 14 - Charter School Facilities Program › Section 1859.164 - Application Funding Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the estimated total apportionments of all
							 Financially Sound Preliminary Charter School Applications received in either
							 filing period specified in Section
							 1859.161 exceed the funds
							 available, the applications shall be identified in each of the following four
							 categories:
(a) Geographical Region
						  One, Two, Three, or Four.
(b)
						  Urban, Rural, or Suburban areas.
(c) Large, Medium, or Small Charter
						  Schools.
(d) K-6, 7-8, or 9-12
						  grade levels.
The Board shall first apportion one project of each
							 possible type, a maximum of four in category (a) and a maximum of three in
							 categories (b) through (d), starting with (a) and continuing through (d). If
							 more than one application is received of the same type within a category, the
							 Board will apportion based on which project has the highest preference points,
							 calculated in Section
							 1859.164.1. If a project has the
							 highest preference points but was previously apportioned, the project with the
							 next highest preference points will be apportioned. The same process will
							 continue for the remaining categories until the Board has apportioned a project
							 within each type in categories (a) through (d), or until no funding remains. If
							 after funding one project in each category (a) through (d), funding remains
							 available, the process shall be repeated until no funding remains.
All funds approved as a Preliminary Charter School
							 Apportionment shall be transferred to the Restricted Charter School Fund within
							 the appropriate Charter School Facility Account. Any funds not approved as a
							 Preliminary Charter School Apportionment shall be transferred to the
							 Unrestricted Charter School Fund within the appropriate Charter School Facility
							 Account.
All Preliminary Charter School Applications received
							 from an applicant will be processed in the date order received by the OPSC. If
							 more than one Preliminary Charter School Application is received on the same
							 day from the same entity for a Charter School project located within the
							 geographical jurisdiction of same district, those applications will be
							 processed by the OPSC based on the priority order assigned to those
							 applications by the applicant on Form SAB 50-09.
If two or more Preliminary Charter School
							 Applications have the same preference points, the Board shall first apportion
							 that Preliminary Charter School Application that was received first by the
							 OPSC. In the event that the applications were received on the same day,
							 applications will be funded in the following order:
(a) Projects submitted by entities that have
						  not previously received funding under the SFP, the CSFP or the State Charter
						  School Facilities Grants Incentives Program will be funded before those that
						  have received said funding;
(b)
						  Projects proposing to utilize existing facilities will be funded before
						  projects that propose to build new facilities;
(c) As applicable, projects that provide more
						  seats to relieve overcrowding will be funded over those that provide fewer
						  seats (as determined by dividing the number of unhoused pupils pursuant to
						  Section 1859.50 that the project will house
						  by the remaining new construction eligibility in the district);
In the event that a tie remains after the previous
							 criteria have been applied, a lottery system will be used to select the project
							 that is funded.
Any applications the SAB is unable to provide a
							 Preliminary Charter School Apportionment to will be returned to the
							 applicant.
1. New
							 section filed 2-13-2003 as an emergency pursuant to Education Code section
							 17078.64(b);
							 operative 2-13-2003 (Register 2003, No. 7). A Certificate of Compliance must be
							 transmitted to OAL by 6-13-2003 or emergency language will be repealed by
							 operation of law on the following day.
2. New section refiled
							 6-13-2003 as an emergency; operative 6-13-2003 (Register 2003, No. 24). A
							 Certificate of Compliance must be transmitted to OAL by 10-13-2003 or emergency
							 language will be repealed by operation of law on the following
							 day.
3. New section refiled 10-9-2003 as an emergency; operative
							 10-9-2003 (Register 2003, No. 41). A Certificate of Compliance must be
							 transmitted to OAL by 2-6-2004 or emergency language will be repealed by
							 operation of law on the following day.
4. Certificate of Compliance
							 as to 10-9-2003 order transmitted to OAL 2-6-2004 and filed 3-23-2004 (Register
							 2004, No. 13).
5. Amendment of subsection (d) filed 6-1-2004 as an
							 emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of
							 Compliance must be transmitted to OAL by 9-29-2004 or emergency language will
							 be repealed by operation of law on the following day.
6. Certificate
							 of Compliance as to 6-1-2004 order transmitted to OAL 9-29-2004 and filed
							 11-10-2004 (Register 2004, No. 46).
7. Amendment filed 5-17-2007;
							 operative 5-17-2007 pursuant to Government Code section
							 11343.4
							 (Register 2007, No. 20).
8. Amendment filed 12-18-2014; operative
							 1-1-2015 pursuant to Government Code section
							 11343.4(b)(3)
							 (Register 2014, No. 51).
Note: Authority cited: Sections
								17070.35
								and
								17078.64,
								Education Code. Reference: Section
								17078.56,
								Education Code.