Statutes, codes, and regulations
California Code Of Regulations
Title 4 - Business RegulationsDivision 15 - California School Finance Authority
Article 1.5 - Charter School Facility Grant Program
Section 10170.2 - Definitions

Cal. Code Regs. tit. 4 § 10170.2

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Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 10170.2 - Definitions

For the purposes of this article, the following words and phrases shall have the meaning as described below:

(a) "Applicant" shall mean the Charter School, educational management organization, or charter management organization applying on behalf of a Charter School for a grant under this article.
(b) "Application" shall mean a completed Charter School Facility Grant Program Online Application (CSFA Form 740-01; revised July 2018), incorporated herein by reference, as developed by the Authority, and described in Section 10170.6.
(c) "Authority" shall mean the California School Finance Authority.
(d) "Average Daily Attendance" (ADA) shall mean the unit of attendance, as reported by the Department for the second period of the school year.
(e) "Average Daily Attendance Cap" (ADA Cap) shall mean for the 2017-18 Fiscal Year, an amount equal to one thousand one hundred seventeen dollars ($1,117) per unit of ADA. Commencing with the 2018-19 Fiscal Year and moving forward, the amount of funding provided per unit of ADA in the preceding Fiscal Year, as adjusted by the Cost Of Living Adjustment Index or the amount specified in the current Budget Act.
(f) "Chartering Authority" shall mean the school district, county board of education, or State Board of Education that granted a Charter School's petition to become a Charter School pursuant to Education Code Section 47605.
(g) "Charter School" shall mean a school established and operating pursuant to the Charter Schools Act of 1992 (Education Code Section 47600, et seq.). Except where the defined term First Year Charter School is specifically used, Charter School shall also be meant to include schools that otherwise meet the definition of First Year Charter School.
(h) "Cost Of Living Adjustment Index" (COLA Index) shall mean a percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior Fiscal Year. This percentage change shall be determined using the latest data available as of May 10 of the preceding Fiscal Year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding Fiscal Year, using the latest data available as of May 10 of the preceding Fiscal Year, as reported by the Department of Finance.
(i) "Department" shall mean the California Department of Education.
(j) "Estimated Annual Entitlement" shall mean the estimated grant amount to which a Charter School is entitled as calculated pursuant to Section 10170.7 prior to the first apportionment.
(k) "Facility Invoice Expenditure Report" shall mean the annual Charter School Facility Grant Program Facility Invoice Expenditure Report (CSFA Form 740-02; revised October 2017) herein incorporated by reference.
(l) "Fair Market Rent" shall the mean amount of money a property would rent or lease for if it was available at the time the appraisal was conducted.
(m) "Final Fiscal Year Entitlement" shall mean the final calculated grant amount to which a Grantee is entitled based on the calculation prescribed in Section 10170.8.
(n) "First Year Charter School" shall mean a school that anticipates beginning operations as a Charter School in the Fiscal Year for which it submits an Application and was not open the previous school year.
(o) "Fiscal Year" shall mean the school year for which an Application for grant funds is submitted.
(p) "Free or Reduced-Price Meal Eligibility" or "FRPM Eligibility" 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 Department and certified through the annual Fall 1 data submission to the California Longitudinal Pupil Achievement Data System (CALPADS).
(q) "Good Standing" shall mean the Applicant satisfies all three of the following conditions:
1) compliance with the terms of its Charter Agreement,
2) no pending or outstanding Notices of Violation described in Education Code Section 47607(g), and
3) no pending or outstanding Notices of Intent to Revoke 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), incorporated herein by reference.
(r) "Grantee" shall mean a Charter School determined by the Authority to be eligible for a grant.
(s) "Independent Appraisal" shall mean a value assessment of rent and lease costs for a Charter School facility completed and signed by a Certified Real Estate Appraiser or Certified General Appraiser licensed by the California Department of Real Estate Appraisers who confirms that the appraisal is in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP).
(t) "New Facility Agreement" shall mean either 1) a rental or lease agreement for a facility not previously occupied by the Charter School; 2) a rental or lease agreement that includes additional square footage not included in the previous year's agreement; or 3) a new agreement for existing facilities or square footage when the existing lease is up for renewal or expires. Options to renew contained in existing rent or lease agreements on file with the Authority executed by the Charter School and the lessor will not be considered a New Facility Agreement.
(u) "Prior Year" shall mean the school year prior to the school year for which an Application is submitted.

Cal. Code Regs. Tit. 4, § 10170.2

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, including repealer of subsections (n)-(n)(2); 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).
5. Amendment of section and NOTE filed 4-27-2015 as an emergency; operative 4-27-2015 (Register 2015, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-26-2015 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section and NOTE refiled 10-26-2015 as an emergency; operative 10-26-2015 (Register 2015, No. 44). A Certificate of Compliance must be transmitted to OAL by 1-25-2016 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section and NOTE refiled 1-25-2016 as an emergency; operative 1-25-2016 (Register 2016, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-25-2016 order, including further amendment of section and NOTE, transmitted to OAL 4-1-2016 and filed 4-27-2016; amendments operative 4-27-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 18).
9. New subsections (e) and (h), subsection relettering and amendment of newly designated subsection (p) filed 11-2-2017 as an emergency; operative 11-2-2017 (Register 2017, No. 44). A Certificate of Compliance must be transmitted to OAL by 5-1-2018 or emergency language will be repealed by operation of law on the following day.
10. New subsections (e) and (h), subsection relettering and amendment of newly designated subsection (p) refiled 4-30-2018 as an emergency, including further amendment of subsections (b) and (p); operative 4-30-2018 (Register 2018, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-30-2018 or emergency language will be repealed by operation of law on the following day.
11. Refiling of 4-30-2018 emergency action 7-30-2018; operative 7-30-2018 (Register 2018, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-29-2018 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 7-30-2018 order, including amendment of section, transmitted to OAL 9-6-2018 and filed 10-18-2018; amendments operative 10-18-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 42).
13. Amendment of subsections (e) and (h), new subsection (q), subsection relettering and amendment of newly designated subsections (s)-(t) filed 3-30-2020; operative 3-30-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 14).

Note: Authority cited: Section 47614.5, Education Code. Reference: Sections 47614.5, 47600 et seq. and 47605, Education Code.

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, including repealer of subsections (n)-(n)(2); 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).
5. Amendment of section and Note filed 4-27-2015 as an emergency; operative 4-27-2015 (Register 2015, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-26-2015 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section and Note refiled 10-26-2015 as an emergency; operative 10-26-2015 (Register 2015, No. 44). A Certificate of Compliance must be transmitted to OAL by 1-25-2016 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section and Note refiled 1-25-2016 as an emergency; operative 1-25-2016 (Register 2016, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-25-2016 order, including further amendment of section and Note, transmitted to OAL 4-1-2016 and filed 4-27-2016; amendments operative 4/27/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 18).
9. New subsections (e) and (h), subsection relettering and amendment of newly designated subsection (p) filed 11-2-2017 as an emergency; operative 11-2-2017 (Register 2017, No. 44). A Certificate of Compliance must be transmitted to OAL by 5-1-2018 or emergency language will be repealed by operation of law on the following day.
10. New subsections (e) and (h), subsection relettering and amendment of newly designated subsection (p) refiled 4-30-2018 as an emergency, including further amendment of subsections (b) and (p); operative 4-30-2018 (Register 2018, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-30-2018 or emergency language will be repealed by operation of law on the following day.
11. Refiling of 4-30-2018 emergency action 7-30-2018; operative 7-30-2018 (Register 2018, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-29-2018 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 7-30-2018 order, including amendment of section, transmitted to OAL 9-6-2018 and filed 10-18-2018; amendments operative 10/18/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 42).
13. Amendment of subsections (e) and (h), new subsection (q), subsection relettering and amendment of newly designated subsections (s)-(t) filed 3-30-2020; operative 3/30/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 14).