Section 1859.196 - Career Technical Education Facilities Program Funding Order(a) In the first funding cycle, the Board shall fund eligible Career Technical Education Facilities Projects as follows: (1) Approved Applications for Career Technical Education Facilities Project Funding shall be sorted by Service Region.(2) Within each Service Region, approved applications will be ranked from highest to lowest according to the numerical score for the applicant's Career Technical Education Facilities Program application pursuant to Education Code Section 17078.72(i).(3) The locale of each project shall be identified as Urban, Suburban or Rural.(4) The Board shall apportion funds within each Service Region to the highest ranked project in each locale. In order to continue this funding process, one project from each locale must be apportioned. If there are no applications in a given locale(s), projects will be apportioned in the remaining locale(s).(5) The process will continue until the applications or funds are exhausted within each Service Region as prorated pursuant to Section 1859.195. If an application cannot be fully apportioned because insufficient funding remains within the Service Region, the application shall be considered for funding pursuant to Section 1859.195(a)(2). If there is insufficient funding under Section 1859.195(a)(2), the applicant may either accept the available funding within the Service Region as the full and final apportionment for the project or refuse funding entirely. If funding is refused, the Board shall consider funding the next project eligible for an apportionment pursuant to this Section.(6) In the event two or more applications within a Service Region have the same career technical education plan score and are in the same locale, the applicant with the highest total points in all weighted areas identified in Education Code Section 17078.72(j) will be funded first.(b) In the second funding cycle, the Board shall fund eligible Career Technical Education Facilities Projects as described in (a) until the applications or funds are exhausted within each Service Region or until the conditions in (1) and (2) are met: (1) Funds remain after all applications in a given Service Region have been apportioned.(2) Approved Applications remain in other Service Regions because the requests exceed the funds allotted to the Service Region(s) in Section 1859.195(b). If an application cannot be fully apportioned because insufficient funding remains within the Service Region, the application shall be considered for funding pursuant to (c). If there is insufficient funding under (c), the applicant may either accept the available funding within the Service Region as the full and final apportionment for the project or refuse funding entirely. If funding is refused, the Board shall consider funding the next project eligible for an apportionment pursuant to this Section.(c) If (b)(1) and (b)(2) are met in the second funding cycle, the remaining available career technical education facilities funds shall be pooled and apportioned to the highest ranked project in each locale regardless of Service Region. One of each locale must be accounted for before a locale is repeated.(d) For the third and any subsequent cycles, the Board shall apportion funds regardless of Service Region. (1) Funds shall be apportioned to the highest ranked project in each locale. In order to continue this funding process, one project from each locale must be apportioned. If there are no applications in a given locale(s), projects will be apportioned in the remaining locale(s).(2) The process will continue until the applications or funds are exhausted, whichever comes first.(3) In the event two or more applications have the same career technical education plan score, the Board shall approve the applications in the following order: (A) The application with the highest total score in all weighted areas of the career technical education plan score identified in Education Code Section 17078.72(j).(B) The applicant without a Career Technical Education Facilities Project in the immediate prior funding cycle or without an Approved Application for Career Technical Education Facilities Project Funding that will receive funding in the current cycle.(C) After the above criteria have been applied, a lottery system may be used to determine the final funding order.(e) If an Approved Application for Career Technical Education Facilities Project Funding within any funding cycle cannot be fully apportioned because insufficient funding is available, the applicant may either accept the available funding as the full and final apportionment for the project or refuse funding entirely. If funding is refused, the Board shall consider funding the next project eligible for an apportionment pursuant to this Section.(f) For any Approved Application for Career Technical Education Facilities Project Funding not apportioned pursuant to this Section, the application shall be returned to the applicant. An Approved Application for Career Technical Education Facilities Project Funding returned to the applicant may be resubmitted during a subsequent application acceptance period identified in Section 1859.191, provided the application meets the eligibility criteria in Section 1859.192.Cal. Code Regs. Tit. 2, § 1859.196
1. New section filed 7-13-2007 as an emergency; operative 7-13-2007 (Register 2007, No. 28). Pursuant to Education Code section 17078.72(k) a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of HISTORY 1 (Register 2007, No. 52).
3. Certificate of Compliance as to 7-13-2007 order, including amendment of section, transmitted to OAL 3-18-2008 and filed 4-29-2008 (Register 2008, No. 18).
4. Amendment of subsection (d)(3) and new subsections (d)(3)(A)-(f) filed 1-24-2019; operative 1-24-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 4). Note: Authority cited: Sections 17070.35 and 17078.72(k), Education Code. Reference: Section 17078.72, Education Code.
1. New section filed 7-13-2007 as an emergency; operative 7-13-2007 (Register 2007, No. 28). Pursuant to Education Code section 17078.72(k) a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2007, No. 52).
3. Certificate of Compliance as to 7-13-2007 order, including amendment of section, transmitted to OAL 3-18-2008 and filed 4-29-2008 (Register 2008, No. 18).
4. Amendment of subsection (d)(3) and new subsections (d)(3)(A)-(f) filed 1-24-2019; operative 1/24/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 4).