reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.6 - Content of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Completed Applications and all attachments shall be submitted
				  to the Authority via the online Application form (CSFA Form 740-01) and shall
				  include all of the following items.
(a) Application. The Application shall
				include identifying information, a completed Legal Status Questionnaire, and
				signed certification that the data and information reported is true and correct
				and the charter will continue to comply with state and federal laws.
(b) Copy of current charter agreement and
				verification of Authorizing Board adoption and expiration date.
(c) Copy of the rent or lease agreement
				contract, or other documentation, verifying the Charter School's facilities
				rent or lease costs for the Fiscal Year for which a grant award is requested,
				and evidence that the rent or lease term matches or exceeds the anticipated
				grant term. If the Charter School does not have an executed rent or lease
				agreement for the Fiscal Year, the Applicant shall produce an executed lease or
				rental agreement for the Prior Year or other documentation sufficient to show
				the Charter School's actual facilities rent or lease costs for the Prior Year.
				If the Charter School does not have a rental or lease agreement for the Fiscal
				Year or Prior Year, the Applicant shall provide such other evidence to the
				satisfaction of the Authority, such as a pending lease agreement, that
				establishes the Applicant's best estimate of such costs for the Fiscal
				Year.
(d) After the Authority has
				confirmed the Applicant's eligibility and determined one or more of the
				Applicant's facilities is a New Facility Agreement, the Authority will use an
				Independent Appraisal, completed within the last three Fiscal Years, that was
				previously filed with the Authority during a prior Application round.
				Otherwise, the Authority will request an Independent Appraisal completed within
				the Fiscal Year. The Appraisal shall be consistent with the USPAP, and at a
				minimum contain the following items:
(1) Use
				a Certified Real Estate Appraiser or Certified General Appraiser licensed by
				the California Department of Real Estate Appraisers;
(2) The Appraiser shall not be a Related
				Party as defined in Section
				10170.14(a)(3);
(3) "Client" shall be the Charter
				School;
(4) "Intended User" shall
				be the California School Finance Authority for Charter School Facility Grant
				Program eligibility;
(5) Provide a
				Fair Market Rent Analysis including an explanation that supports the
				conclusions reached; and
(6) Signed
				Certification consistent with language found in USPAP.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.9 - Apportionment of Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				first apportionment of 50% of the Estimated Annual Entitlement shall be
				disbursed to each Grantee by October 31 of the Fiscal Year for which the grant
				is requested, or 30 days after enactment of the annual Budget Act, whichever is
				later.
(b) For a Grantee that
				submitted an Application pursuant to Section
				10170.5(a)(2), the
				first apportionment of 50% of the Estimated Annual Entitlement shall be made
				within 30 days after the Authority determines eligibility and the Estimated
				Annual Entitlement.
(c) No later
				than March 1 of each Fiscal Year, the Authority shall provide to each Grantee a
				second disbursement of 75% of the Estimated Annual Entitlement less the initial
				disbursement and less any adjustments due to receipt of the executed rental or
				lease agreement for the designated Fiscal Year.
(d) No later than 30 days after the end of
				each Fiscal Year or 30 days after receiving the data and documentation needed
				to compute the Charter School's total annual entitlement, whichever is later,
				the Authority shall provide to each Grantee a third disbursement of 100% of the
				Final Fiscal Year Entitlement less the first two disbursements and adjusted for
				any changes to the FRPM Eligibility data, ADA, and executed rental or leases
				agreements for the designated Fiscal Year. If reimbursement of invoices
				considered eligible pursuant to Section
				10170.4(a)(2) is
				requested and Program funds remain, these costs will be incorporated into this
				final disbursement.
(e) If there
				are insufficient funds to cover all eligible costs, the following conditions
				shall be in effect:
(1) Facility rent and
				lease costs as described in Section
				10170.4(a)(1), (a)(3), and
				(a)(4) shall be awarded first. If funds
				remain, the Authority shall determine the pro rata share for each Grantee's
				invoice costs as described in Section
				10170.4(a)(2) by
				calculating the percentage of the remaining funds available as compared to the
				funds needed to award all Grantees' eligible invoice costs. This percentage
				shall be applied to the Grantee's eligible invoice costs, as described in
				subsection (A) below.
(A) Eligible invoice
				costs = If 75% of (invoice costs + lease costs) >ADA Cap, then ADA Cap -
				(75% x lease costs), otherwise invoice costs.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.12 - Approval of Grant Use Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Authority may, on a case-by-case basis, consider a change
				  in the use of the grant funds if the Grantee demonstrates that the change is
				  consistent with the program and this Article.
1. New section
				  filed 8-16-2013 as an emergency; operative 8-16-2013 (Register 2013, No. 33). A
				  Certificate of Compliance must be transmitted to OAL by 2-12-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 1-21-2014 as an emergency; operative
				  1-21-2014 (Register 2014, No. 4). A Certificate of Compliance must be
				  transmitted to OAL by 4-21-2014 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  3-24-2014 as an emergency; operative 4-21-2014 (Register 2014, No. 13). A
				  Certificate of Compliance must be transmitted to OAL by 7-21-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 3-24-2014 order transmitted
				  to OAL 6-25-2014 and filed 8-6-2014 (Register 2014, No. 32).
Note: Authority cited: Section
					 47614.5,
					 Education Code. Reference: Section
					 47614.5,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.13 - Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority and/or the State Controller may conduct or require periodic audits to
				ensure Grantees are using grant funds consistent with the requirements of the
				program and this article as approved. Grantees shall retain all documentation
				and financial data necessary to substantiate the purposes for which the grant
				funds were spent for a period of three years after the end of the grant
				period.
(b) Grantees may be
				required to routinely verify continued eligibility.
(c) The Authority reserves the right to
				conduct site visits to any charter school facility or project receiving a grant
				pursuant to this Article.
1. New section
				  filed 8-16-2013 as an emergency; operative 8-16-2013 (Register 2013, No. 33). A
				  Certificate of Compliance must be transmitted to OAL by 2-12-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 1-21-2014 as an emergency; operative
				  1-21-2014 (Register 2014, No. 4). A Certificate of Compliance must be
				  transmitted to OAL by 4-21-2014 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  3-24-2014 as an emergency; operative 4-21-2014 (Register 2014, No. 13). A
				  Certificate of Compliance must be transmitted to OAL by 7-21-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 3-24-2014 order transmitted
				  to OAL 6-25-2014 and filed 8-6-2014 (Register 2014, No. 32).
Note: Authority cited: Section
					 47614.5,
					 Education Code. Reference: Section
					 47614.5,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.14 - Conflicts of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				purposes of this section, the following definitions shall apply:
(1) "Affiliate" shall mean a shareholder,
				partner, member, officer or board member of, or person who directly or
				indirectly controls, a Corporate Entity.
(2) "Corporate Entity" shall mean any type of
				organization or legal entity other than an individual, including a corporation,
				partnership, limited liability company or unincorporated association.
(3) "Related Party" shall mean:
(A) A School Official or a spouse, domestic
				partner, or dependent child of a School Official; or
(B) A Corporate Entity if a School Official
				or a spouse, domestic partner, or child of a School Official is an Affiliate of
				the Corporate Entity, except that a non-profit Corporate Entity formed
				exclusively for the purpose of managing or providing support to the Applicant
				or Charter School or to a group of related charter schools, and any direct or
				indirect wholly-owned subsidiary of any such Corporate Entity, shall not be
				considered a Related Party.
(C)
				"School Official" shall mean a board, member, officer, or employee of an
				Applicant or the Charter School.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.5 - Charter School Facility Grant Program › Section 10170.15 - Funding Contingency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Funding
				for this grant program in each Fiscal Year is contingent upon the appropriation
				of funds.
(b) Apportionments to
				each Grantee will be contingent upon the Grantee's continuing eligibility to
				receive such apportionments.
(c)
				The Authority or Authority staff may seek third party verification regarding
				any and all applicable costs associated with the facility/project receiving a
				grant pursuant to this Article.
1. New section
				  filed 8-16-2013 as an emergency; operative 8-16-2013 (Register 2013, No. 33). A
				  Certificate of Compliance must be transmitted to OAL by 2-12-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 1-21-2014 as an emergency; operative
				  1-21-2014 (Register 2014, No. 4). A Certificate of Compliance must be
				  transmitted to OAL by 4-21-2014 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  3-24-2014 as an emergency; operative 4-21-2014 (Register 2014, No. 13). A
				  Certificate of Compliance must be transmitted to OAL by 7-21-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 3-24-2014 order transmitted
				  to OAL 6-25-2014 and filed 8-6-2014 (Register 2014, No. 32).
Note: Authority cited: Section
					 47614.5,
					 Education Code. Reference: Section
					 47614.5,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.6 - Charter School Revolving Loan Fund Program › Section 10170.16 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements the California School Finance
				  Authority's administration of the Charter School Revolving Loan Fund Program
				  (Education Code section
				  41365)
				  which provides loans for Charter Schools.
1. New article
				  1.6 (sections
				  10170.16-10170.24) and section
				  filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A
				  Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New article 1.6 (sections
				  10170.16-10170.24) and section
				  refiled 8-4-2014 as an emergency; operative 8-4-2014 (Register 2014, No. 32). A
				  Certificate of Compliance must be transmitted to OAL by 11-3-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
3. New article 1.6 (sections
				  10170.16-10170.24) and section
				  refiled 10-27-2014 as an emergency; operative 11-3-2014 (Register 2014, No.
				  44). A Certificate of Compliance must be transmitted to OAL by 2-2-2015 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 10-27-2014 order transmitted
				  to OAL 1-29-2015 and filed 3-10-2015 (Register 2015, No. 11).
5.
				  Amendment filed 12-1-2016; operative 12-1-2016 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2016, No. 49).
Note: Authority cited: Section
					 41365,
					 Education Code. Reference: Sections
					 41365 and
					 41366.5,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.6 - Charter School Revolving Loan Fund Program › Section 10170.17 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this article, the following words and
				  phrases shall have the meaning as described below:
(a) "Affiliated Organization" shall mean a
				legal entity that assumes financial, legal, and operational responsibility for
				a Charter School(s), including but not limited to, a school district, parent
				company and charter management organization.
(b) "Applicant" shall mean the Charter School
				or Chartering Authority applying on behalf of a Charter School for a loan under
				this article.
(c) "Application"
				shall mean a completed Charter School Revolving Loan Fund Program Application
				(CSFA RLF-01; revised August 10, 2016), incorporated herein by reference, as
				defined and developed by the Authority, and all other documents required to be
				submitted to the Authority.
(d)
				"Authority" shall mean the California School Finance Authority.
(e) "CDS Code" shall mean the
				County-District-School identifier assigned to all California Charter
				Schools.
(f) "Charter School" shall
				mean a school established and operating pursuant to the Charter Schools Act of
				1992 (Education Code Section
				47600, et
				seq.)
(g) "Charter School Revolving
				Loan Fund" shall mean the designated fund within the State Treasury established
				pursuant to Education Code section
				41365 for
				the purpose of disbursing Program loans to Charter Schools.
(h) "Chartering Authority" shall mean the
				school district, county board of education, or State Board of Education that
				approved a Charter School's petition to become a Charter School pursuant to
				Education Code section
				47605.
(i) "Free or Reduced-Price Meal" or "FRPM"
				shall mean the percentage of enrolled students in grades Kindergarten through
				12th grade or students ages 5 through 17, whichever is greater, eligible for
				Free or Reduced-Price Meals, as reported by the California Department of
				Education and certified through the annual Fall 1 data submission to the
				California Longitudinal Pupil Achievement Data System for the same fiscal year
				within which the Applicant applies.
(j) "Good Standing" shall mean the Applicant
				meets all three of the following conditions:
1) is in compliance with the terms of the
				charter,
2) does not have any
				pending or outstanding corrective actions as described in a notice issued
				pursuant to Education Code Section
				47607(g),
				and
3) does not have a pending or
				outstanding Notice of Intent to Revoke as described in Education Code Section
				47607(h).
				The Authority will rely on information prepared by the chartering authority and
				the submission of a Good Standing Confirmation Form (GSCF) (CSFA Form 1119),
				November 2019 herein incorporated by reference.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.6 - Charter School Revolving Loan Fund Program › Section 10170.18 - Eligible Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Applicant shall be eligible to apply for a loan if the
				  following conditions are met:
(a) The
				Application is submitted by a Charter School or by a Chartering
				Authority.
(b) The Charter School
				shall not operate as, or be operated by, a for-profit corporation, a for-profit
				educational management organization, or a for-profit charter
				organization.
(c) The Charter
				School is established pursuant to Education Code section
				47600 et
				seq.
(d) An approved charter has
				been awarded, is in place, and is current at the time of Application. In the
				case of a first year Charter School, the Applicant shall submit evidence that
				its charter petition has been submitted to a Chartering Authority for approval
				and that it anticipates beginning operations in the following fiscal
				year.
(e) If the Applicant is a
				Charter School applying on its own behalf, the Charter School shall be an
				Incorporated Charter School as demonstrated by Articles of
				Incorporation.
(f) The Charter
				School is not a conversion from an existing public school.
(g) The Charter School has not had its
				charter renewed as of the date of submission of its Application.
(h) The Charter School has no material legal
				issues.
(i) A Charter School may
				receive multiple loans. In no instance may a Charter School receive more than
				$250,000 in Program loans over the lifetime of the Charter School.
(j) The Charter School and/or Affiliated
				Organization, if applicable, are in compliance with all programs administered
				by the Authority.
(k) The Charter
				School is in Good Standing as described in Section
				10170.17(j) during
				the fiscal year. An Applicant found not to be in Good Standing, as determined
				by their Chartering Authority, shall be ineligible for program funds. The
				Applicant may cure ineligibility for program funds by meeting one of the
				following criteria:
(1) The Applicant
				receives confirmation of Good Standing within the same fiscal year of
				application; or
(2) Applicants
				found not to be in Good Standing solely due to the Applicant failing to meet
				the requirements of Education Code Section
				47607(f)(3)
				must provide evidence demonstrating fiscal solvency to the satisfaction of the
				Authority. Such evidence may include the Applicant's organizational budgets and
				audited financials.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.6 - Charter School Revolving Loan Fund Program › Section 10170.19 - Application Content and Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Application (CSFA RLF-01; revised August 10, 2016) will be made available on
				the Authority's website, based on available funding.
(b) Based on availability of funding,
				Applications will be accepted on an ongoing first come first-served basis, with
				priority given based on date of submission and criteria set forth at Section
				10170.20. Applicants shall submit
				an Application and all supporting documents via the online Application
				system.
(c) Each completed
				Application shall include the following documents (in addition to supporting
				documents required for the Application, CSFA RLF-01; revised August 10, 2016):
(1) Articles of Incorporation for an
				incorporated charter or operational agreement or Memorandum of Understanding
				between the Charter School and the Chartering Authority for a dependent
				charter;
(2) Nonprofit Entity
				verification as described in Section
				10170.17(n);
(3) Description of the intended use of an
				award of loan funds;
(4) Copy of
				current charter petition and evidence supporting charter approval and
				term;
(5) Audited financial
				statements, if available;
(6) An
				adopted budget, if available, for the first fiscal year for which the Applicant
				is applying;
(7) Multi-year budget
				projections for at least the five fiscal years beyond the first fiscal year for
				which the Applicant is applying, including written budget
				assumptions;
(8) Most recent
				business plan and/or strategic plan for at least the next five academic
				years;
(9) List of the Charter
				School's board of directors including their occupations, cities of residence,
				and terms of office;
(10) Resumes
				of key staff members (e.g., Chief Executive Officer, President, Operations
				Manager, Chief Financial Officer, Principal, etc.) of the Charter
				School;
(11) Historical, current,
				and projected enrollment and attendance, by grade level, for the next five
				years;
(12) Targeted student
				population and demographics;
(13) A
				listing of historical, current, and anticipated future funding through private
				contributions;
(14) List the total
				amounts, annual amounts, interest rates, and maturity dates of all existing and
				anticipated short- and long-term debt obligations of the Applicant or Charter
				School; and
(15) List and copy of
				all material contracts, including, but not limited to, management, support
				services, transportation contracts, and any such anticipated contracts
				involving use of space or equipment.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.6 - Charter School Revolving Loan Fund Program › Section 10170.20 - Application Review and Evaluation/Underwriting Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority will evaluate and determine Program loans based on the following:
(1) The Applicant meets all Eligibility
				Criteria under Section
				10170.18;
(2) The Applicants demonstrates the ability
				to repay the loan; and
(3) The
				Applicant demonstrates that use of loan funds will be strictly for supporting
				the operations and financing of the Charter School consistent with the intent
				of the charter pursuant to Education Code Section
				47605.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.6 - Charter School Revolving Loan Fund Program › Section 10170.21 - Loan Amount and Repayment Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority shall establish a loan amount and repayment period, for an approved
				loan, which shall be memorialized in a written Loan Agreement and subject to an
				interest rate equal to the interest rate earned in the Pooled Money Investment
				Account as of the date of loan disbursement.
(b) The Authority shall consider the term of
				the charter as well as the amount of the loan in establishing the repayment
				period.
(1) In the case of a New Charter
				School, the loan term will not exceed the length of the school's approved
				charter term.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.6 - Charter School Revolving Loan Fund Program › Section 10170.22 - Loan Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior
				to the issuance of each loan award, the Authority shall require each Loan
				Recipient to agree to terms and conditions set forth in a written Loan
				Agreement, which shall specify the loan amount, repayment period, covenants,
				and requirements in the event of inability to make payments or
				default.
(b) The Loan Agreement
				requires each Loan Recipient to have a valid CDS Code.
(c) The Loan Agreement shall require each
				Loan Recipient to agree to each of the following:
(1) Having its loan payments intercepted and
				offset at the state level, pursuant to Sections
				41365(f)
				of the Education Code;
(2)
				Defending, indemnifying and holding 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 Program;
(3) Complying with any audit provisions as
				may be required by the Authority, State Controller, or the California State
				Auditor;
(4) Maintaining a valid
				charter and operating a Charter School continuously throughout the term of the
				loan. The Authority reserves the right to contact the Chartering Authority
				directly seeking written verification that the Loan Recipient is in Good
				Standing and in compliance with the terms of its charter;
(5) Notifying the Authority, within 30 days,
				of any material changes to its financial condition or that of the Charter
				School that occur between the time of Application and the end of the loan
				period;
(6) Ensuring that the
				expenditure of all loan funds is consistent with the intent of the Program and
				solely for the purpose of supporting the operations and financing of the
				Charter School;
(7) Notifying the
				Authority within 30 days of a Loan Recipient's determination that all or a
				portion of loan funds are no longer needed for their intended use, as
				identified in the Application, and providing remittance to the Authority of all
				such funds that have already been disbursed; and
(8) Such other terms and conditions as agreed
				upon by the Authority and the Charter School.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.6 - Charter School Revolving Loan Fund Program › Section 10170.23 - Internal Controls, 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 Loan Recipients are
				using funds consistent with the requirements and the terms of the Program, the
				related financing program, if applicable, and this Article as approved. Loan
				Recipients shall retain all documentation and financial data necessary to
				substantiate the purposes for which the financing funds were spent for a period
				of five years after repayment of the loan.
(b) Loan Recipients may be required to
				routinely verify continued eligibility.
(c) The Authority reserves the right to
				conduct site visits to any Charter School facility or project applying for or
				receiving a loan pursuant to this Article.
1. New section
				  filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A
				  Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 8-4-2014 as an emergency; operative
				  8-4-2014 (Register 2014, No. 32). A Certificate of Compliance must be
				  transmitted to OAL by 11-3-2014 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  10-27-2014 as an emergency; operative 11-3-2014 (Register 2014, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 2-2-2015 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 10-27-2014 order transmitted
				  to OAL 1-29-2015 and filed 3-10-2015 (Register 2015, No. 11).
5.
				  Amendment filed 12-1-2016; operative 12-1-2016 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2016, No. 49).
Note: Authority cited: Section
					 41365,
					 Education Code. Reference: Sections
					 41365 and
					 41366.5,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 15 - California School Finance Authority › Article 1.6 - Charter School Revolving Loan Fund Program › Section 10170.24 - Funding Contingency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Funding
				for this Program is contingent upon the availability of funds in the Charter
				School Revolving Loan Fund.
1. New section
				  filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A
				  Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 8-4-2014 as an emergency; operative
				  8-4-2014 (Register 2014, No. 32). A Certificate of Compliance must be
				  transmitted to OAL by 11-3-2014 or emergency language will be repealed by
				  operation of law on the following day.
3. New section refiled
				  10-27-2014 as an emergency; operative 11-3-2014 (Register 2014, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 2-2-2015 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 10-27-2014 order transmitted
				  to OAL 1-29-2015 and filed 3-10-2015 (Register 2015, No. 11).
5.
				  Amendment filed 4-20-2020 as an emergency; operative 4-20-2020 (Register 2020,
				  No. 17). A Certificate of Compliance must be transmitted to OAL by 10-19-2020
				  or emergency language will be repealed by operation of law on the following
				  day.
6. Emergency filed 4-20-2020 extended 60 days (Executive Order
				  N-40-20) (Register 2020, No. 22). A Certificate of Compliance must be
				  transmitted to OAL by 12-18-2020 or emergency language will be repealed by
				  operation of law on the following day.
7. Certificate of Compliance
				  as to 4-20-2020 order transmitted to OAL 11-16-2020 and filed 12-30-2020
				  (Register 2021, No. 1).
Note: Authority cited: Section
					 41365,
					 Education Code. Reference: Sections
					 41365 and
					 41366.5,
					 Education Code.
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 10175 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements the California School Finance
				  Authority's administration of the grant(s) received under the U. S. Department
				  of Education, State Charter School Facilities Incentive Grants Program (CFDA
				  #84.282D) which provides per-pupil facilities aid for California charter school
				  pupils.
1. New article
				  2 (sections
				  10175-10191) and 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 article 2 (sections
				  10175-10191) and 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 transmitted
				  to OAL 2-8-2006 and filed 3-24-2006 (Register 2006, No. 12).
4.
				  Amendment filed 3-23-2009; operative 4-22-2009 (Register 2009, No.
				  13).
5. Amendment of article heading and section filed 3-25-2010;
				  operative 4-24-2010 (Register 2010, No. 13).
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 2 - 2004 and 2009 State Charter School Facilities Incentive Grants Programs › Section 10177 - Eligible Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Applicant shall be eligible to apply for a grant 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 without interruption
				throughout the application review and approval process.
(b) The charter school is in good standing
				with its chartering authority and is in compliance with the terms of its
				charter at the time of application submission, and without interruption
				throughout the term of the grant. The Authority will rely on information from
				the chartering authority regarding the school's good standing and compliance
				with the terms of its charter. Charter schools may appeal any response by the
				chartering authority's staff directly to the chartering authority's governing
				board. Charter schools have 60 days to cure any noncompliance deficiency
				identified by the charter authorizer. 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 relevant deadline.
(c) The charter school has completed at least
				one school year of instructional operations under its current
				County-District-School (CDS) Code and charter number issued by the CDE at the
				time of application.
(d) If a
				district-dependent charter school, the school can demonstrate operational and
				financial autonomy from its authorizing district.
(1) Staff will use specific criteria to
				assess the charter school's degree of autonomy including, but not limited to,
				the following:
a. Governance Structure (e.g.,
				governing board or entity as described in the school's charter):
i. Is elected or appointed independently of
				the chartering authority;
ii.
				Includes less than a majority of the current employees or appointees of the
				chartering authority; and
iii.
				Operates as and/or is operated by a nonprofit public benefit
				corporation.
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 10178 - Eligible Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grant
				funds must be applied toward a charter school's costs of one of the following
				two options:
(1) Base rent, debt service, or
				Proposition 39 pro-rata payments for existing or new facilities.
(A) Projects for base rent receiving funds
				from the Charter School Facility Grant Program for the same site are ineligible
				to receive funds under this grant; or
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 10179 - Maximum Grant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grant
				awards that are used toward the annual cost of rent or debt service payments
				for existing or new facilities shall be based on the following:
(1) Per-pupil facilities aid for charter
				schools which shall be awarded to subgrantees in an amount of seven hundred
				fifty dollars ($750) per student based on the eligible K - 12 grade student
				enrollment on file with the CDE, not to exceed seventy five percent (75%) of
				the annual eligible costs for the current year if available, or based on prior
				year data if current year data is not available.
(2) No individual grant may exceed two
				hundred and fifty thousand dollars ($250,000) per year, with a maximum grant
				period of up to three years. The grant period shall not exceed the end of the
				funding period as determined by the U.S. Department of Education and referenced
				in Section 10185.
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 10184 - Approval of Grant and Notification of Subgrantee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Allocations approved by the Authority at a regularly
				  scheduled board meeting shall be awarded as grants to subgrantees. Subgrantees
				  will be notified in writing of the amount of the grant and the disbursement
				  schedule within seven (7) business days of the board meeting.
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 amendment of section, transmitted to OAL
				  2-8-2006 and filed 3-24-2006 (Register 2006, No. 12).
4. Amendment
				  filed 11-29-2017; operative 1-1-2018 (Register 2017, No. 48).
5.
				  Amendment 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.
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 10185 - Obligation and Expenditure of Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grant
				funds shall be used for the immediate needs of the designated project. Grant
				funds must be obligated and expended by the dates specified in the grant
				agreement. The funding period will be no more than three (3) years, which means
				that all funds must be obligated no more than three (3) years from when a grant
				is awarded and all funds must be liquidated no more than three (3) years and 90
				days from when the grant was awarded by the Authority. The grant is deemed
				awarded and the grant period begins on the date stated in the Grant
				Agreement.
(b) The end of the
				funding periods for the first five (5) funding rounds is designated by the U.S.
				Department of Education:
(1) The end of the
				funding period for funding rounds one (1) through five (5) was designated as
				September 30, 2013.
(2) The end of
				the funding period for funding rounds six (6) through ten (10) was designated
				as September 30, 2017.
(3) The end
				of the funding period for funding rounds 11-15 is currently targeted as
				September 30, 2019.
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 10186 - Approval of Grant Use Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Authority may, on a case-by-case basis, consider a change
				  in the use of the grant funds if the subgrantee demonstrates, to the
				  Authority's satisfaction, that the change is consistent with the Program and
				  this Article.
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 amendment of section, transmitted to OAL
				  2-8-2006 and filed 3-24-2006 (Register 2006, No. 12).
4. Amendment
				  filed 11-29-2017; operative 1-1-2018 (Register 2017, No. 48).
5.
				  Amendment 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.
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 10189 - Completion of Grant Funded Construction Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				subgrantee shall certify to the Authority that the project is complete and, to
				the extent not already provided to the Authority, provide supporting
				documentation as follows:
(1) Construction
				and renovation projects require, prior to final disbursement, documentation
				including, but not limited to, copies of the certificate of occupancy, final
				payment certification by the architect, final payment request from the
				contractor and corresponding copies of cancelled checks. If the subgrantee does
				not provide copies of cancelled checks, the subgrantee shall provide wire
				transfers, electronic fund transfers, or other evidence acceptable to the
				Authority in lieu of copies of cancelled checks.
(2) Real property acquisition projects
				require a copy of the final closing statement with certification by the title
				company, to be received by the Authority within 60 days of the disbursement of
				grant funds.
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 10191 - Funding Contingency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This
				grant program is contingent upon the receipt of funds in each budget period as
				scheduled by the U.S. Department of Education.
(b) Continuing apportionments to subgrantees
				will be contingent upon the subgrantee's eligibility to receive such
				apportionments.
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 transmitted to OAL 2-8-2006 and filed 3-24-2006
				  (Register 2006, No. 12).
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 10192 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements the California School Finance
				  Authority's administration of the Charter School Facilities Credit Enhancement
				  Grant Program (CFDA #84.354A) funds(s) received by the Authority from the U. S.
				  Department of Education to provide credit enhancement to facilitate the
				  purchase, construction, and/or renovation of facilities for California public
				  Charter Schools.
1. New article
				  3 (sections
				  10192-10199) and 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).
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 10194 - 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:
(a) 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.
(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 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.
(c) The Applicant has completed at least one
				school year of instructional operations.
(d) At least eighty percent (80%) of the
				instructional time offered by the Charter School shall be at the school site,
				and the Charter School shall attain an average daily attendance rate of at
				least eighty percent (80%).
(e) 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
				Elementary and Secondary Education Act of 1965 (20 USCA section
				7221(i)), as amended by the
				No Child Left Behind Act of 2001.
(f) The Charter School admits students by
				lottery in the event more students want to attend the school than the Charter
				School can accommodate.
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).
Note: Authority cited: Sections
					 17179 and
					 17180,
					 Education Code. Reference: Sections
					 17180 and
					 47600 et seq., Education
					 Code.