Cal. Code Regs. Tit. 2, § 1859.167 - Final Charter School Apportionment
(a) With the exception of Charter School
Preliminary Apportionments provided by the Board on February 23, 2005, the
amount of the Final Charter School Apportionment will be based on the
provisions of any amended or new regulations that are effective at the time the
Form SAB 50-04, for the Final Charter School Apportionment is submitted and
accepted for processing by the OPSC. Prior to the Board providing a Final
Charter School Apportionment, the applicant will need to have a current
Financial Soundness certification from the Authority. The Board shall convert
the amounts determined below from the Preliminary Charter School Apportionment
to the Final Charter School Apportionment:
(1) If the Final Charter School Apportionment
request is equal to or less than the Preliminary Charter School Apportionment,
the Final Charter School Apportionment shall be funded entirely. The difference
in the Final Charter School Apportionment and the Preliminary Charter School
Apportionment shall be transferred to the Unrestricted Charter School Fund in
the appropriate Charter School Facilities Account. The Final Charter School
Apportionment shall become the full and final apportionment for the
project.
(2) If the Final Charter
School Apportionment request is greater than the Preliminary Charter School
Apportionment, the Board shall convert the Preliminary Charter School
Apportionment to a Final Charter School Apportionment by either of the
following:
(A) If the balance in the
Unrestricted Charter School Fund in the appropriate Charter School Facilities
Account is greater than the difference in the Final Charter School
Apportionment and the Preliminary Charter School Apportionment, fund the Final
Charter School Apportionment entirely. The Final Charter School Apportionment
shall become the full and final apportionment for the project.
(B) If the balance in the Unrestricted
Charter School Fund in the appropriate Charter School Facilities Account is
less than the difference in the Final Charter School Apportionment and the
Preliminary Charter School Apportionment, fund the Final Charter School
Apportionment using any remaining balance in the Unrestricted Charter School
Fund in the appropriate Charter School Facilities Account. The Final Charter
School Apportionment shall become the full and final apportionment for the
project.
(b)
For Preliminary Charter School Apportionments provided by the Board on February
23, 2005:
(1) the Final Charter School
Apportionment will be subject to the provisions of any amended or new
regulations that are effective at the time the Form SAB 50-04 is submitted and
accepted for processing by the OPSC for the Final Charter School Apportionment;
and,
(2) The Final Charter School
Apportionment shall not contain additional pupil grants beyond that which the
applicant may have requested at the time of the Preliminary Charter School
Application; and,
(3) Prior to the
Board providing a Final Charter School Apportionment the applicant will need to
have a current Financial Soundness certification from the Authority;
and,
(4) The amount of the Final
Charter School Apportionment shall not exceed the Preliminary Charter School
Apportionment with the exception of amounts available pursuant to Section
1859.167.4 and
1859.167.5. The additional amount
of funds available to an individual project may include amounts from both the
Conversion Increase Fund and Unrestricted Charter School Fund. The sum of the
Preliminary Apportionment, the additional funds from the Conversion Increase
Fund, and the additional amounts from the Unrestricted Charter School Fund
shall not exceed the amount necessary to bring the total eligible project costs
current to the grant amounts in place at the time of conversion. The Board
shall convert the Preliminary Charter School Apportionment to the Final Charter
School Apportionment as outlined below:
(A) If
the Preliminary Charter School Apportionment is greater than the Final Charter
School Apportionment request then the difference shall be used to return the
Relocation/DTSC Fund and the Hazardous Material/Waste Removal Fund to the
amounts originally reserved for these purposes. The amount returned to the
Relocation/DTSC Fund shall be equal to 83.6 percent of the amount available for
return; the amount returned to the Hazardous Material/Waste Removal Fund shall
be equal to 16.4 percent of the amount available for return. Once these funds
have been replenished, any remaining funds shall be transferred to the
Unrestricted Charter School Fund in the 2004 Charter School Facilities Account.
The Final Charter School Apportionment shall become the full and final
apportionment for the project.
(B)
If the project is eligible for an additional grant for relocation expenses,
DTSC fees, or hazardous waste removal pursuant to Sections
1859.74 or
1859.74.2, the Preliminary Charter
School Apportionment may be increased accordingly using the funding set aside
in Section 1859.163.3.
(C) If the Preliminary Charter School
Apportionment plus the additional amounts provided from the Conversion Increase
Fund and the Unrestricted Charter School Fund is less than the Final Charter
School Apportionment request, the difference shall be placed on an Unfunded
List.
Notes
2. New section refiled 6-13-2003 as an emergency; operative 6-13-2003 (Register 2003, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-9-2003 as an emergency; operative 10-9-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-6-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-9-2003 order transmitted to OAL 2-6-2004 and filed 3-23-2004 (Register 2004, No. 13).
5. Amendment of section and NOTE filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-1-2004 order transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
7. Amendment filed 2-16-2007; operative 2-16-2007 (Register 2007, No. 7).
8. Amendment of subsections (a)-(a)(1), (a)(2)(A)-(B), (b), (b)(2)-(3), (b)(6)-(b)(6)(A) and (b)(6)(C) filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
9. Amendment filed 10-3-2007; operative 10-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
10. Amendment of subsections (a), (b)(2) and (b)(4) filed 12-18-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
Note: Authority cited: Sections 17070.35 and 17078.64, Education Code. Reference: Sections 17078.52 and 17078.56, Education Code.
2. New section refiled 6-13-2003 as an emergency; operative 6-13-2003 (Register 2003, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-9-2003 as an emergency; operative 10-9-2003 (Register 2003, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-6-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-9-2003 order transmitted to OAL 2-6-2004 and filed 3-23-2004 (Register 2004, No. 13).
5. Amendment of section and Note filed 6-1-2004 as an emergency; operative 6-1-2004 (Register 2004, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-1-2004 order transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
7. Amendment filed 2-16-2007; operative 2-16-2007 (Register 2007, No. 7).
8. Amendment of subsections (a)-(a)(1), (a)(2)(A)-(B), (b), (b)(2)-(3), (b)(6)-(b)(6)(A) and (b)(6)(C) filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
9. Amendment filed 10-3-2007; operative 10-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
10. Amendment of subsections (a), (b)(2) and (b)(4) filed 12-18-2014; operative
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