Cal. Code Regs. tit. 4 § 10170.3

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 10170.3 - Eligible Applicant

Any Applicant shall be eligible to apply for a grant if all of the following conditions are met:

(a) The Application is submitted by or on behalf of a Charter School.

(b) An approved charter has been awarded, is in place, and is current at the time of Application.

(c) In the case of a First Year Charter School, a charter petition has been submitted for approval to the Chartering Authority and evidence, such as a copy of the charter petition, is submitted that the school anticipates beginning operations in the Fiscal Year for which an Application is submitted.

(d) The Charter School meets one of the following criteria:

(1) Fifty-five percent (55%) or more of the student enrollment at the Charter School site is eligible for prior year FRPM; or

(2) The Charter School site for which grant funds are requested is physically located in the attendance area of a public elementary school in which fifty-five percent (55%) or more of the pupil enrollment is eligible for prior year FRPM and the school site gives a preference in admissions to pupils who are currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the Charter School site is located, as determined by the local school district.

(3) First Year Charter Schools not operational in the prior year shall be eligible in the current year if the school meets the FRPM Eligibility requirements based on current year data.

(4) In all subsequent funding rounds, all schools shall adhere to Application dates outlined in Section 10170.5.

(e) The Charter School, educational management organization, or charter management organization is not in default with the requirement of all programs administered by the Authority.

(f) The Applicant is in Good Standing, as described in Section 10170.2(g), during the Fiscal Year. An Applicant found not to be in Good Standing, as determined by their Chartering Authority, shall be ineligible for grant funds. An Applicant may cure ineligibility for grant funds by meeting one of the following criteria:

(1) The Applicant receives confirmation of Good Standing within the Fiscal Year.

(2) An Applicant 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.

(g) 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.

Cal. Code Regs. Tit. 4, § 10170.3

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).
5. Amendment 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 refiled 10-26-2015 as an emergency, including further amendment of subsections (d)(1)-(2), repealer of subsection (d)(3), subsection renumbering and amendment of newly designated subsection (d)(3); 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 refiled 1-25-2016 as an emergency, including 10-26-2015 amendments; 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, 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. Amendment of subsections (d)(2) and (e) and new subsection (f)(1) filed 4-10-2017 as an emergency; operative 4-10-2017 (Register 2017, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-9-2017 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-10-2017 order transmitted to OAL 7-19-2017 and filed 8-24-2017 (Register 2017, No. 34).
11. Redesignation of former subsections (f)(1)(a)-(c) as subsections (f)(1)(A)-(C) 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.
12. Redesignation of former subsections (f)(1)(a)-(c) as subsections (f)(1)(A)-(C) refiled 4-30-2018 as an emergency, including repealer of subsection (d)(4) and subsection renumbering; 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.
13. 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.
14. Certificate of Compliance as to 7-30-2018 order, including amendment of subsections (d)(4) and (f)(1)(B)-(C), 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).
15. Amendment of subsections (d)(1)-(2) and (d)(4), repealer of subsections (f)-(f)(1)(C) and new subsections (f)-(g) 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: Section 47614.5, 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; 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 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 refiled 10-26-2015 as an emergency, including further amendment of subsections (d)(1)-(2), repealer of subsection (d)(3), subsection renumbering and amendment of newly designated subsection (d)(3); 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 refiled 1-25-2016 as an emergency, including 10-26-2015 amendments; 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, 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. Amendment of subsections (d)(2) and (e) and new subsection (f)(1) filed 4-10-2017 as an emergency; operative 4-10-2017 (Register 2017, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-9-2017 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-10-2017 order transmitted to OAL 7-19-2017 and filed 8-24-2017 (Register 2017, No. 34).
11. Redesignation of former subsections (f)(1)(a)-(c) as subsections (f)(1)(A)-(C) 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.
12. Redesignation of former subsections (f)(1)(a)-(c) as subsections (f)(1)(A)-(C) refiled 4-30-2018 as an emergency, including repealer of subsection (d)(4) and subsection renumbering; 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.
13. 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.
14. Certificate of Compliance as to 7-30-2018 order, including amendment of subsections (d)(4) and (f)(1)(B)-(C), 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).
15. Amendment of subsections (d)(1)-(2) and (d)(4), repealer of subsections (f)-(f)(1)(C) and new subsections (f)-(g) filed 3-30-2020; operative 3/30/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 14).