Section 17722 - Eligibility for Funding(a) A current contractor is eligible to apply for new or additional funds except when one or more of the following conditions apply during the request for applications (RFA) cycle: (1) The contractor is on conditional status because of fiscal or programmatic noncompliance;(2) The California Department of Education's (CDE) Early Education Division has conducted a compliance review pursuant to section 17794 and the contractor has failed to resolve items of fiscal and programmatic noncompliance identified in the review within 12 months of the issuance of the compliance review report;(3) The RFA outlines reasons for being ineligible for funding such as when the contractor has a contract on provisional status or has previously received expansion funding and has not yet begun to provide services with that funding;(4) The CDE has evidence that the agency has not been able to successfully fulfill current contract requirements by serving children in a quality program and in a fiscally responsible manner;(5) The contractor has in place, or places, a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds, or a state or federal crime involving moral turpitude;(6) The CDE reduced the contractor's current year maximum reimbursement amount due to the contractor's inability to utilize its full contract amount, whether through low enrollment or low expenditures for the same contract type;(7) The contractor has an outstanding accounts receivable balance with the CDE; or(8) The contractor has a delinquent audit with the CDE pursuant to section 17825.(b) An applicant that is not a current CDE contractor is not eligible to apply for funding if the CDE is informed that one of the following conditions apply:(1) The applicant had a previous contract with the CDE that was terminated or not continued by the CDE for fiscal or programmatic noncompliance within three years immediately preceding the date the RFA was posted;(2) The applicant has an outstanding accounts receivable balance with the CDE or another state or federal agency;(3) The applicant has a delinquent audit with the CDE pursuant to section 17825;(4) The applicant is currently listed on a state or federal debarment list; or(5) The applicant has in place, or places, a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds, or a state or federal crime involving moral turpitude.(c) The RFA may set forth additional limitations on who will be eligible to apply for funding.Cal. Code Regs. Tit. 5, § 17722
1. New subchapter 3 (articles 1-3, sections 17722-17726) article 1 (section 17722) and section filed 7-1-2022; operative 7-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26). Note: Authority cited: Sections 8231 and 8247, Education Code. Reference: Sections 8231, 8314, 8316, 8333 and 8335, Education Code.
1. New subchapter 3 (articles 1-3, sections 17722-17726) article 1 (section 17722) and section filed 7-1-2022; operative 7/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).