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 10187 - Grant Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms and conditions of a grant shall be set forth in a
				  grant agreement, which shall include, but not be limited to, all of the
				  following terms and conditions:
(a)
				The dates by which the grant funds must be legally obligated, expended and
				liquidated.
(b) A provision that
				any unspent grant funds and any unspent investment earnings on such grant funds
				shall revert to the Authority.
(c)
				Agreement to comply with this Article and federal requirements pertaining to
				the Program.
(d) Agreement that the
				subgrantee will defend, indemnify, and hold harmless the Authority and the
				state, and all officers, trustees, agents, and employees of the same, from and
				against any and all claims, losses, costs, damages, or liability of any kind or
				nature, whether direct or indirect, arising from or relating to the grant and
				the project or the Program.
(e)
				Agreement that the grant shall only be used for projects as described in the
				subgrantee's application and approved by the Authority.
(f) Any audit provisions as required by the
				Authority and/or the U.S. Department of Education.
(g) The charter school shall continuously
				maintain its good standing with the chartering authority and its compliance
				with the terms of the charter. The Authority reserves the right to contact the
				chartering authority directly seeking written verification that the school is
				in good standing and in compliance with the terms of its charter.
(h) Applicants are required to notify the
				Authority within 30 days of any material changes to the charter school,
				including changes to the school name; facility address and lease terms;
				enrollment charter status and charter authorizer; nonprofit status; financial
				condition; or scope of the project that occurs between the time of application
				and the time of completing the project and submitting the final performance
				report.
(i) Current enrollment
				based on CALPADS or CBEDS is to be reported to the Authority within 30 days of
				the end of each Academic Year, until the time at which project completion and
				the final performance report is submitted.
(j) In the event that the charter school is
				not in compliance with its charter authorizer or the charter is not in good
				standing, not renewed, or revoked at any time during the grant period, the
				subgrantee will advise the Authority within 30 days of notification of such
				action, including providing the Authority with a copy of the document provided
				by the chartering entity notifying the charter school of such action.
(k) All subgrantees are required to submit
				two copies of a final performance report within 60 days after the expiration or
				termination of grant support.
(l)
				The format of all performance reports will be provided by the Authority and
				will include information requested by the U.S. Department of
				Education.
(m) Any other provisions
				required by the Authority and/or the U.S. Department of Education.
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 new subsection (g) and subsection
				  relettering, transmitted to OAL 2-8-2006 and filed 3-24-2006 (Register 2006,
				  No. 12).
4. Amendment of subsection (g) filed 3-24-2008; operative
				  4-23-2008 (Register 2008, No. 13).
5. Amendment of subsection (k)
				  filed 3-23-2009; operative 4-22-2009 (Register 2009, No. 13).
6.
				  Amendment of subsections (d), (h), (j) and (k) filed 3-25-2010; operative
				  4-24-2010 (Register 2010, No. 13).
7. Amendment of subsection (i)
				  filed 4-9-2015; operative 4-9-2015 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2015, No. 15).
8. Amendment filed 11-29-2017; operative
				  1-1-2018 (Register 2017, No. 48).
9. Amendment of subsection (d)
				  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: Section
					 17180,
					 Education Code.