Cal. Code Regs. Tit. 2, § 1859.167.4 - Preliminary Apportionment Rescissions
(a) For projects apportioned on or before
February 23, 2005 that are rescinded by the Board for purposes other than those
outlined in Section
1859.166, the following will occur
upon rescission:
(1) the SFP New Construction
Eligibility will be increased for the pupils assigned to the Preliminary
Charter School Application for the school district that physically contains the
Charter School within its geographical boundaries.
(2) Those projects that have received an
advanced release of funds as provided in Section
1859.164.2(a),
shall be reduced to costs incurred and closed-out pursuant to Section
1859.106 with a corresponding SFP
new construction baseline eligibility adjustment for the pupils assigned to the
Preliminary Charter School Application.
(b) For projects apportioned on July 2, 2003
that are rescinded by the Board for purposes other than those outlined in
Section 1859.166, the funds shall be
returned to the program as follows:
(1) A fund
shall be established within the 2002 Charter School Facilities Account to be
known as the Conversion Increase Fund. An amount equal to $16,634,364 from
Preliminary Charter School Apportionments rescinded on or before April 25, 2007
shall be transferred, on a one time basis, from the Unrestricted Charter School
Fund to the Conversion Increase Fund established within that same account. The
Conversion Increase Fund shall be used for the purposes outlined in Section
1859.167(b)(4).
(2) Funds available due to projects that
rescind after April 25, 2007 shall be transferred to the Unrestricted Charter
School Fund within the 2002 Charter School Facilities
Account.
(c) For projects
apportioned on February 23, 2005 that are rescinded by the Board for purposes
other than those outlined in Section
1859.166, the funds shall be
returned to the program as follows:
(1) A fund
shall be established within the 2004 Charter School Facilities Account to be
known as the Conversion Increase Fund. This fund shall be used for the purposes
outlined in Section
1859.167(b)(4).
This fund shall include all amounts from Preliminary Charter School
Apportionments rescinded from the 2004 Charter School Facilities Account on or
before April 25, 2007, plus the amounts initially reserved for the
DTSC/Relocation Fund and the Hazardous Material/Waste Removal Fund established
in Section 1859.163.3.
(2) Funds available due to project
rescissions after April 25, 2007 including both the Preliminary Apportionment
reservation and any amount available pursuant to subsection (c)(1) above that
is not needed for a Final Charter School Apportionment, shall first be used to
replenish the DTSC/Relocation Fund and the Hazardous Material/Waste Removal
Fund until the cumulative deposits made back into the funds total the amount of
funds initially reserved. Once these funds have been replenished, future
rescinded amounts shall be returned to the Unrestricted Charter School
Fund.
(d) The maximum
amount available for each individual Final Charter School Apportionment from
the 2002 and/or 2004 Conversion Increase Fund shall be equal to the ratio of
the project's Preliminary Charter School Apportionment to the total value of
Preliminary Charter School Apportionments awarded on February 23, 2005, for
those recipients eligible for these Conversion Increase Fund funds, multiplied
by the sum of the amount of funds available for the Conversion Increase Fund in
both the 2002 and 2004 Charter School Facilities Accounts.
(e) For projects apportioned after February
23, 2005 any rescinded amounts shall be transferred into the Unrestricted
Charter School Fund in the appropriate Charter School Facilities Account.
Projects shall be rescinded pursuant to the process described in subsection (a)
above with the exception that any adjustments to the baseline eligibility shall
be based on the ratio of the number of unhoused pupils pursuant to Section
1859.162.2 and the project capacity
which generated the project funding to the eligible expenditures.
Any funds released are subject to the fifty percent local matching share requirement as required by Education Code Section 17078.54(d).
Notes
Note: Authority cited: Sections 17070.35 and 17078.64, Education Code. Reference: Section 17078.54, Education Code.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.