Upon adoption of the audit findings by the Board and
in lieu of the collection procedures outlined in Education Code Section
17076.10(c)(1),
a school district, county office of education, or Charter School may request a
repayment schedule of up to twenty years, in equal annual installments, if the
total repayment of State funds within 60 days of the Board action would cause
the school district, county office of education, or Charter School to fall into
fiscal distress. School districts, county offices of education, or Charter
Schools requesting a repayment schedule must be in a severe hardship condition
as evidenced by at least one of the following criteria:
(a) For a school district or county office of
education, the district or county office of education is listed on the current
CDE List of Negative and Qualified Certifications of School Districts and
County Offices of Education.
(b)
For a school district or county office of education, the amount due to the
State for one or more projects would cause the district or county office of
education to be listed on the CDE List of Negative and Qualified Certifications
of School Districts and County Offices of Education report. Where the financial
condition of a school district is involved, the county office of education must
submit a letter to the OPSC on behalf of its representative school districts
for consideration substantiating that the repayment will place the district on
the CDE List of Negative and Qualified Certifications of School Districts and
County Offices of Education. Where the financial condition of a county office
of education is involved, the CDE must submit a letter to the OPSC on behalf of
the county office of education for consideration substantiating that the
repayment will place the county office of education on the CDE List of Negative
and Qualified Certifications of School Districts and County Offices of
Education.
(c) For a Charter
School, the amount due to the State for one or more projects would cause the
Charter School severe financial hardship. The Charter School's authorizing
agency must submit a letter to the OPSC on behalf of the Charter School for
consideration substantiating that the repayment may result in the Charter
School being unable to meet its financial obligations for the current or
subsequent two fiscal years.
The repayment schedule will commence on July 1 of the
fiscal year following the repayment schedule approval date.
Notes
Cal. Code Regs. Tit. 2, §
1859.106.1
1. New
section filed 1-8-2007 as an emergency; operative 1-8-2007 (Register 2007, No.
2). A Certificate of Compliance must be transmitted to OAL by 5-8-2007 or
emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 1-8-2007 order, including
amendment of section and NOTE, transmitted to OAL 5-8-2007 and filed 6-20-2007
(Register 2007, No. 25).
3. Amendment filed 12-18-2014; operative
1-1-2015 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 51).
4. Amendment of first paragraph and
subsection (c) and amendment of NOTE filed 5-2-2022; operative 7-1-2022
(Register 2022, No. 18).
Note: Authority cited: Section
17070.35,
Education Code. Reference: Sections
17070.35,
17076.10
and
17078.52,
Education Code.
1.
New section filed 1-8-2007 as an emergency; operative 1-8-2007 (Register 2007,
No. 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2007 or
emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 1-8-2007 order, including
amendment of section and Note, transmitted to OAL 5-8-2007 and filed 6-20-2007
(Register 2007, No. 25).
3. Amendment filed 12-18-2014; operative
1/1/2015 pursuant to
Government Code section
11343.4(b)(3)
(Register
2014, No. 51).
4. Amendment of first paragraph and
subsection (c) and amendment of Note filed 5-2-2022; operative
7/1/2022
(Register
2022, No. 18).
