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§ 30527. Failure to Comply with Applicable Laws and Regulations.

5 CA ADC § 30527Barclays Official California Code of RegulationsEffective: December 18, 2023

Barclays California Code of Regulations
Title 5. Education
Division 4. California Student Aid Commission
Chapter 1. California Student Aid Commission
Article 12.5. Golden State Teacher Grant Program
Effective: December 18, 2023
5 CCR § 30527
§ 30527. Failure to Comply with Applicable Laws and Regulations.
(a)(1) A grant recipient who fails to meet the service requirement and schedule for this Program, as specified in Education Code section 69617(c), shall repay to the Commission 25 percent of the total grant amount received for each year of nonperformance. A grant recipient who fails to obtain a preliminary teaching credential or pupil personnel services credential within six years of receiving their initial grant award shall repay to the Commission a minimum of 25 percent of the total grant amount received per year until the grant is repaid.
(2) A grant recipient who works at a Priority School or California Preschool Program shall not be required to repay grant funds if during his or her four years of service the school loses its qualification as a Priority School.
(3) A grant recipient shall work at a Priority School or California Preschool Program in a position that utilizes the credential earned as a result of completing the program they were enrolled in when awarded the Golden State Teacher Grant.
(b) A school year shall be counted toward the required four-year teaching requirement if a grant recipient is unable to complete the school year when any of the following occur:
(1) The grant recipient has completed at least one-half of the school year.
(2) The employer deems the grant recipient to have fulfilled contractual requirements for the school year relative to salary increases, probationary or permanent status, and retirement.
(3) The grant recipient was unable to work due to financial circumstances of the school district or California Preschool Program, including non-renewal of the employee contract for the succeeding school year.
(4) The grant recipient has a condition covered under the federal Family and Medical Leave Act of 1996 (29 U.S.C. Sec. 2601 et seq.) or similar state law, or otherwise can demonstrate a physical or mental disability recognized by the Social Security Administration preventing them from completing their professional preparation program or service requirement.
(5) The grant recipient was called or ordered to active-duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(c) The grant recipient shall provide written email notice to the Commission at [email protected] within 30 calendar days of failing to meet Program requirements. If the grant recipient believes any of the exceptions described in subsection (b) apply, the notice shall include information and documentation to support their claim.
(d) The Commission shall have 30 calendar days to review the grant recipient's written notice and determine the grant recipient's repayment obligations, if any. If the Commission determines that repayment is required, the repayment obligation will be based on a monthly payment schedule not exceeding $5,000 per year. The first payment shall be due on the first day of the month following the grant recipient's receipt of the Commission's determination and repayment schedule.
(e) A grant recipient's failure to comply with repayment obligations may result in the Commission seeking repayment through tax refund or wage garnishment.

Credits

Note: Authority cited: Section 69617, Education Code. Reference: Section 69617, Education Code.
History
1. New section filed 2-10-2022 as an emergency; operative 2-10-2022 (Register 2022, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-9-2022 or emergency language will be repealed by operation of law on the following day.
2. Assembly Bill 181 (Stats. 2022, Ch. 52, Sec. 97) amended Education Code section 69617 to change the effective period of emergency regulations adopted pursuant to Education Code section 69617(g)(1). Pursuant to Education Code section 69617(g)(2), a certificate of compliance must be transmitted to OAL by 6-30-2025 or the language adopted in the emergency order of 2-10-2022 will be repealed by operation of law on the following day (Register 2022, No. 29).
3. Amendment of section filed 1-23-2023; operative 1-23-2023. Exempt from the APA pursuant to Education Code section 69617, subdivision (b)(3), and submitted to OAL for filing and printing only pursuant to Gov. Code section 11343.8 (Register 2023, No. 4).
4. Amendment of subsections (a)(1)-(3) and (b)(3) filed 12-18-2023; operative 12-18-2023. Exempt from the APA pursuant to Education Code section 69617, subdivision (g)(3), and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 51).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 5, § 30527, 5 CA ADC § 30527
End of Document