California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1 - Charter School Facilities Program › Section 10152 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				"Account" shall have the meaning set forth in Education Code section
				17078.52(c)(2).
(b) "Advance Apportionment" shall mean an
				advance release of funds for design or site acquisition pursuant to Preliminary
				Apportionment and submission of a completed application to the State Allocation
				Board, and prior to the approval of the project by the Department of General
				Services.
(c) "Applicant" shall
				mean the charter school or school district that has applied for financing
				pursuant to and meets the requirements set forth in Education Code section
				17078.53(b).
(d) "Application" shall mean a completed Form
				SAB 50-09, as defined and developed by the Board, and Form CSFA 03-01, revised
				3/04, as developed by the Authority and available on its website, and all other
				documents required to be submitted to the Board and Authority. Form CSFA 03-01,
				revised 3/04, is incorporated by reference for purposes of this
				Article.
(e) "Authority" shall mean
				the California School Finance Authority as further defined in Education Code,
				Sections
				17172 and
				17173.
(f) "Board" shall mean the State Allocation
				Board.
(g) "Certification of
				Financial Soundness" shall mean the Authority's adoption of a resolution
				determining that a charter school is "Financially Sound" for a period of 12
				months, assuming that no material financial, operational, or legal changes have
				occurred during this period that would otherwise change the
				determination.
(h) "Charter School"
				shall mean a school as established in California pursuant to Education Code
				Section
				47600, et
				seq.
(i) "Chartering Authority"
				shall mean the school district, county office 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.
(j) "Final Apportionment" shall mean a
				Preliminary Apportionment that has been converted to Final Apportionment in
				accordance with California Code of Regulations, title 2, Section
				1859.165.
(k) "Financial Hardship" for purposes of this
				Article shall mean the demonstrated inability, to the Authority's satisfaction,
				to make Matching Share Payments as required in an Applicant's Funding
				Agreement. The revocation of a school's charter shall not qualify as financial
				hardship.
(l) "Financially Sound"
				shall have the meaning set forth in Education Code Section
				17078.52(c)(4).
(m) "Funding Agreement" shall mean the
				agreement describing the terms of payment of the local matching
				share.
(n) "Funding Round" shall
				mean the opportunity for submission of Applications for purposes of Preliminary
				Apportionment, as authorized by the Board based on the availability of bond
				authority.
(o) "Intercept" shall
				mean the method for repayment of the local matching share pursuant to Education
				Code Section
				17199.4.
(p) "Local Matching Share" (also "Matching
				Share") shall mean 50% of total project costs that is to be repaid, or the
				unpaid portion of these costs remaining after a lump-sum payment is
				made.
(q) "Matching Share
				Payment(s)" shall mean payments made against the Program loan with the State
				for purposes of repaying the Local Matching Share pursuant to a payment
				schedule.
(r) "Material contract"
				shall mean a contract between a charter school and any vendor that is in excess
				of 5 percent of charter school gross revenues.
(s) "Memorandum of Understanding" shall mean
				the agreement setting forth the terms of use of program funds and project
				facilities.
(t) "Obligor" shall
				mean the entity responsible for the Local Matching Share, which may or may not
				be the same as the Applicant.
(u)
				"Preliminary Apportionment" shall mean a reservation of funds made pursuant to
				Education Code Section
				17078.52(c)(3).
(v) "Program Agreements" shall mean the
				Memorandum of Understanding and the Funding Agreement.
(w) "Program" shall mean the Charter School
				Facilities Program as established pursuant to Article 12 of Chapter 12.5 of
				Part 10 of the Education Code.
(x)
				"Project" shall mean the specific facilities-related project that is the
				subject for Program funding within an Application and that has been approved
				for Program funding by the Office of Public School Construction.
1. New section
				  filed 2-13-2003 as an emergency; 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. Certificate of Compliance as to 2-13-2003 order transmitted
				  to OAL 6-12-2003 and filed 7-14-2003 (Register 2003, No. 29).
3.
				  Amendment of section and NOTE filed 3-29-2004 as an emergency pursuant to
				  Education Code section
				  17078.57(b);
				  operative 3-29-2004 (Register 2004, No. 14). A Certificate of Compliance must
				  be transmitted to OAL by 7-27-2004 or emergency language will be repealed by
				  operation of law on the following day.
4. Amendment of section and
				  NOTE refiled 7-19-2004 as an emergency pursuant to Education Code section
				  17078.57(b);
				  operative 7-27-2004 (Register 2004, No. 30). A Certificate of Compliance must
				  be transmitted to OAL by 11-24-2004 or emergency language will be repealed by
				  operation of law on the following day.
5. Certificate of Compliance
				  as to 7-19-2004 order transmitted to OAL 11-8-2004 filed 12-23-2004 (Register
				  2004, No. 52).
6. Amendment of subsections (c), (g) and (h), new
				  subsections (j)-(k), (m) and (p) and subsection relettering filed 11-3-2006 as
				  an emergency; operative 11-3-2006 (Register 2006, No. 44). A Certificate of
				  Compliance must be transmitted to OAL by 3-5-2007 or emergency language will be
				  repealed by operation of law on the following day.
7. Reinstatement
				  of section as it existed prior to 11-3-2006 emergency amendments pursuant to
				  Government Code section
				  11346.1(f)
				  (Register 2007, No. 39).
8. Amendment of subsections (b) and (g)
				  filed 9-9-2010 as an emergency; operative 9-9-2010 (Register 2010, No. 37). A
				  Certificate of Compliance must be transmitted to OAL by 3-8-2011 or emergency
				  language will be repealed by operation of law on the following
				  day.
9. Certificate of Compliance as to 9-9-2010 order, including
				  further amendment of subsection (b), transmitted to OAL 1-19-2011 and filed
				  2-16-2011 (Register 2011, No. 7).
10. Amendment of section and NOTE
				  filed 11-3-2011 as an emergency; operative 11-3-2011 (Register 2011, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 5-1-2012 or emergency
				  language will be repealed by operation of law on the following
				  day.
11. Certificate of Compliance as to 11-3-2011 order, including
				  further amendment of subsection (c) and NOTE, transmitted to OAL 2-7-2012 and
				  filed 3-5-2012 (Register 2012, No. 10).
12. Amendment filed
				  7-3-2018; operative 10-1-2018 (Register 2018, No. 27).
Note: Authority cited: Sections
					 17078.57,
					 17179,
					 17180 and
					 17180.5,
					 Education Code. Reference: Sections
					 17078.52,
					 17078.53,
					 17078.57
					 and
					 17199.4,
					 Education Code; and Title 2, Division 4, Part 26.8 (commencing with section
					 47600), Education Code.