California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 19 - Charter Schools › Article 3 - Facilities for Charter Schools › Section 11969.8 - Reimbursement Rates for Over-Allocated Space

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Space is considered to be over-allocated
					 if (1) the charter school's actual in-district classroom ADA is less than the
					 projected in-district classroom ADA upon which the facility allocation was
					 based and (2) the difference is greater than or equal to a threshold ADA amount
					 of 25 ADA or 10 percent of projected in-district classroom ADA, whichever is
					 greater. The per-pupil rate for over-allocated space shall be equal to the
					 statewide average cost avoided per pupil set pursuant to Education Code section
					 42263 for
					 2005-06, adjusted annually thereafter by the CDE by the annual percentage
					 change in the general-purpose entitlement to charter schools calculated
					 pursuant to Education Code section
					 47633,
					 rounded to the next highest dollar, and posted on the CDE Web site. The
					 reimbursement amount owed by the charter school for over-allocated space shall
					 be equal to (1) this rate times the difference between the charter school's
					 actual in-district classroom ADA and the projected in-district classroom ADA
					 upon which the facility allocation was based, less (2) this rate times one-half
					 the threshold ADA. For purposes of this subdivision, the actual in-district
					 classroom ADA shall be determined using the report submitted pursuant to
					 section 11969.9 (
l
) in
					 conjunction with the second principal apportionment under Education Code
					 section
					 41601.
(b) A charter school must notify the school
					 district when it anticipates that it will have over-allocated space that could
					 be used by the school district. Upon notification by a charter school that the
					 charter school anticipates having over-allocated space, a school district may
					 elect to use the space for school district programs. The school district must
					 notify the charter school whether or not it intends to use the over-allocated
					 space within 30 days of the notification by the charter school. If the school
					 district notifies the charter school that it intends to use all or a portion of
					 the over-allocated space, payments for over-allocated space and pro rata share
					 payments shall be reduced accordingly beginning at the time of the school
					 district notification to use the space. If the school district notifies the
					 charter school that it does not intend to use the space, the charter school
					 must continue to make payments for over-allocated space and pro rata share
					 payments. The school district may, at its sole discretion, reduce the amounts
					 owed by the charter school.
(c)
					 With respect to charter schools established at existing public school sites
					 pursuant to Education Code sections
					 47605(a)(2),
					 52055.5,
					 52055.55,
					 or
					 52055.650,
					 the provisions of this section are limited by the applicable provisions of
					 subdivisions (c) and (d) of section
					 11969.3.
1. New
						section filed 7-30-2002; operative 8-29-2002 (Register 2002, No.
						31).
2. Amendment of subsection (a), new subsection (c) and
						amendment of NOTE filed 2-28-2008; operative 3-29-2008 (Register 2008, No.
						9).
Note: Authority cited: Sections
						  33031 and
						  47614(b),
						  Education Code. Reference: Sections
						  41601,
						  42263,
						  47605,
						  47614,
						  47633,
						  52055.5,
						  52055.55
						  and
						  52055.650,
						  Education Code.