Cal. Code Regs. tit. 2 § 1859.167.3

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 1859.167.3 - Excessive Cost Hardship Grant for Charter School Facilities Rehabilitation

In addition to any other funding authorized by these Regulations, the applicant is eligible for funding as a result of unusual circumstances that created excessive project costs beyond the control of the applicant. The Excessive Cost Hardship Grant shall be based on any of the following:

(a) Excessive Cost due to Geographic Location.

An applicant with a project that is located in a geographic area designated in the Geographic Percentage Chart in Section 1859.83(a) is eligible for an Excessive Cost Hardship Grant determined by multiplying the indicated percentage factor shown in the Geographic Percentage Chart by each of the following amounts:

(1) The Charter School Facilities Program Rehabilitation Grant.
(2) The funding provided by Sections 1859.167.3(b), (c), and (d).
(b) Excessive Cost for Projects that House No More than 200 Pupils (Small Size Projects).
(1) If the project will house less than 101 pupils as determined by the project's classroom capacity calculated pursuant to Education Code Section 17071.25(a)(2)(A), the applicant is eligible for an Excessive Cost Hardship Grant equal to 12 percent of the funding provided by the Charter School Facilities Program Rehabilitation Grant.
(2) If the project will house between 101 and 200 pupils as determined by the project's classroom capacity calculated pursuant to Education Code Section 17071.25(a)(2)(A), the applicant is eligible for an Excessive Cost Hardship Grant equal to four percent of the funding provided by the Charter School Facilities Program Rehabilitation Grant.
(c) Excessive Cost Due to Urban Location, Security Requirements and Impacted Site.
(1) The applicant is eligible for an Excessive Cost Hardship Grant if the Useable Acres of the site for the project are 60 percent or less of the CDE recommended site size based on the current CBEDS Report at the site at the time of the CDE final plan approval for the Charter School Facilities Program Rehabilitation project.
(2) The Excessive Cost Hardship Grant is equal to 15 percent of the Charter School Facilities Program Rehabilitation Grant and 15 percent of the funding authorized by Section 1859.167.3(b) for a project with a site that is 60 percent of the CDE recommended site size plus 0.333 percent for each percentage decrease of the CDE recommended site size below 60 percent.
(d) Excessive cost due to accessibility and fire code requirements:
(1) The applicant is eligible for an Excessive Cost Hardship Grant equal to three percent of the Charter School Facilities Program Rehabilitation for accessibility and fire code requirements.
(2) In lieu of the three percent funding provided in (1), the applicant has the option of requesting 50 percent of the amount determined in (2)(B), not to exceed 50 percent of the amount determined in (2)(C):
(A) Multiply the project's classroom capacity, calculated pursuant to Education Code Section 17071.25(a)(2)(A), by the Modernization Grant.
(B) Determine the difference of the verified hard construction costs of the minimum accessibility and fire code work necessary to receive approval from the DSA minus seven percent of the amount in (2)(A) and the district matching share of the Modernization Grant, pursuant to Section 1859.79.
(C) Determine the difference of 1. minus 2.:
1. Multiply the project's classroom capacity, as determined in (2)(A), by the New Construction Grant.
2. The sum of the State and district share of the Modernization Grant multiplied by the project's classroom capacity, as determined in (2)(A).
(3) The applicant is eligible for an Excessive Cost Hardship Grant of $84,082 for each new two-stop elevator required to be included in a Charter School Facilities Program Rehabilitation project by the DSA. This amount shall be adjusted annually in the manner prescribed in Section 1859.78.
(4) The applicant is eligible for an Excessive Cost Hardship Grant of $15,133 for each additional stop of the new elevator required in (3) above for a Charter School Facilities Program Rehabilitation project. This amount shall be adjusted annually in the manner prescribed in Section 1859.78.

Cal. Code Regs. Tit. 2, § 1859.167.3

1. New section filed 10-3-2007; operative 10-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
2. Renumbering of former section 1859.167.3 to new section 1859.167.5 and new section 1859.167.3 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: Sections 17075.10, 17075.15, 17078.54 and 17078.58, Education Code.

1. New section filed 10-3-2007; operative 10-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
2. Renumbering of former section 1859.167.3 to new section 1859.167.5 and new section 1859.167.3 filed 12-18-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).