Cal. Code Regs. Tit. 2, § 1859.172 - Title to Project Facilities
(a) Prior to the release of funds for site
acquisition or new construction Final Charter School Apportionments, an
applicant that has received a Preliminary Charter School Apportionment must
provide one of the following:
(1) Documentary
evidence that the school district in which the project is physically located
holds title to the project facilities,
(2) Documentary evidence that a local
governmental entity holds title pursuant to all of the requirements set forth
in Education Code Section
17078.63(a)(2),
or
(3) A written request that the
Charter School be authorized to hold fee simple title to the subject property
signed by an authorized Charter School representative pursuant to all of
requirements set forth in Education Code Section
17078.63(a)(3).
The written request must include a statement justifying the reasons why
ownership will not be vested with an entity described in (a)(1) and why
ownership will not be vested with an entity described in (a)(2). The written
request must also include the statement: I certify, as the Charter School
representative, that the information reported in this document is true and
correct.
(b) A Charter
School may request that a school district transfer title to project facilities
to a local governmental entity or the Charter School itself if prior to January
1, 2010 the school district entered into an agreement to hold title to the
project facilities. The transfer of title shall only take place if the school
district and Charter School mutually agree to a title transfer. Prior to the
transfer of title, the Charter School must notify the OPSC in writing that a
title transfer request is being made, enter into new Charter School Agreements
with the State and a local governmental entity if applicable, and demonstrate
that all of the necessary conditions for holding title pursuant to Education
Code Section
17078.63
will be complied with. For purposes of title transfer pursuant to Education
Code Section
17078.63(b)(1)
the Charter School shall not be required to provide the written request
outlined in section (a)(3) above.
Notes
2. Amendment 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 17078.63, Education Code. Reference: Sections 17078.62 and 17078.63, Education Code.
2. Amendment filed 12-18-2014; operative
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