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§ 10170.6. Content of Application.

4 CA ADC § 10170.6Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 4. Business Regulations
Division 15. California School Finance Authority
Article 1.5. Charter School Facility Grant Program
4 CCR § 10170.6
§ 10170.6. Content of Application.
Completed Applications and all attachments shall be submitted to the Authority via the online Application form (CSFA Form 740-01) and shall include all of the following items.
(a) Application. The Application shall include identifying information, a completed Legal Status Questionnaire, and signed certification that the data and information reported is true and correct and the charter will continue to comply with state and federal laws.
(b) Copy of current charter agreement and verification of Authorizing Board adoption and expiration date.
(c) Copy of the rent or lease agreement contract, or other documentation, verifying the Charter School's facilities rent or lease costs for the Fiscal Year for which a grant award is requested, and evidence that the rent or lease term matches or exceeds the anticipated grant term. If the Charter School does not have an executed rent or lease agreement for the Fiscal Year, the Applicant shall produce an executed lease or rental agreement for the Prior Year or other documentation sufficient to show the Charter School's actual facilities rent or lease costs for the Prior Year. If the Charter School does not have a rental or lease agreement for the Fiscal Year or Prior Year, the Applicant shall provide such other evidence to the satisfaction of the Authority, such as a pending lease agreement, that establishes the Applicant's best estimate of such costs for the Fiscal Year.
(d) After the Authority has confirmed the Applicant's eligibility and determined one or more of the Applicant's facilities is a New Facility Agreement, the Authority will use an Independent Appraisal, completed within the last three Fiscal Years, that was previously filed with the Authority during a prior Application round. Otherwise, the Authority will request an Independent Appraisal completed within the Fiscal Year. The Appraisal shall be consistent with the USPAP, and at a minimum contain the following items:
(1) Use a Certified Real Estate Appraiser or Certified General Appraiser licensed by the California Department of Real Estate Appraisers;
(2) The Appraiser shall not be a Related Party as defined in Section 10170.14(a)(3);
(3) “Client” shall be the Charter School;
(4) “Intended User” shall be the California School Finance Authority for Charter School Facility Grant Program eligibility;
(5) Provide a Fair Market Rent Analysis including an explanation that supports the conclusions reached; and
(6) Signed Certification consistent with language found in USPAP.
(e) An Applicant requesting reimbursement for Charter School costs associated with remodeling buildings, deferred maintenance, initially installing or extending service systems and other built-in equipment, improving sites and common area maintenance charges shall submit no later than July 15 following the applicable Fiscal Year all of the following:
(1) A description of the work for which the reimbursement is requested, including how it meets one of the categories of eligible work;
(2) A Facility Invoice Expenditure Report, as provided by the Authority, detailing the costs to be reimbursed; and
(3) Applicable contracts for work to be performed to the extent they exist at the time of the Application.
(f) An Applicant applying for or on behalf of a First Year Charter School shall submit an Application and the supporting documentation listed in subdivisions (f)(1)-(3), as they are made available. Grant funds will not be disbursed until items (1), (2) and (3) have been received by the Authority.
(1) An approved charter agreement evidencing the First Year Charter School's intention of operating a Charter School during the Fiscal Year for which grant funds are requested. If an approved charter agreement is not available, the Applicant shall submit the charter petition and Application and additional documentation demonstrating its intent to receive charter approval to operate a Charter School during the Fiscal Year for which grant funds are requested;
(2) An executed rental or lease agreement for the Fiscal Year for which grant funds are requested. If an executed rent or lease agreement is not available at the time of Application, the Applicant shall submit an estimate of rent or lease costs for the Fiscal Year; and
(3) A Charter School 20 Day Attendance Report shall be submitted within 20 days of initial California Department of Education Application submission date.
(g) The Authority shall be entitled to the return of all grant funds from an Applicant if it is determined that the Applicant failed to provide complete and accurate information, or provided misleading information, that resulted in the disbursement of grant funds for which an Applicant is not eligible.
(h) All requested documentation required to complete the Applicant's eligibility review or award calculation shall be due to the Authority withing 60 calendar days of notification. Failure to submit this documentation by the stated deadline will result in Program ineligibility or ineligibility of applicable facility costs described in Section 10170.4(a)(1)-(4).
(i) The Authority will request completion of the GSCF directly from the Chartering Authority. This form shall be completed and returned only if the Chartering Authority is aware of any outstanding compliance or re-vocation issues; otherwise, no action is necessary. An Applicant may appeal any response by the Chartering Authority's staff directly to the Chartering Authority's governing board.
(1) Requests for completion of the GSCF will be sent out to the Chartering Authority upon receipt of each Application.
(2) The Authority reserves the right to request completion of an additional GSCF at any time during the Fiscal Year.

Credits

Note: Authority cited: Section 47614.5, Education Code. Reference: Section 47614.5, Education Code.
History
1. New section filed 8-16-2013 as an emergency; operative 8-16-2013 (Register 2013, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-12-2014 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-21-2014 as an emergency; operative 1-21-2014 (Register 2014, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-21-2014 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-24-2014 as an emergency; operative 4-21-2014 (Register 2014, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-2014 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-24-2014 order transmitted to OAL 6-25-2014 and filed 8-6-2014 (Register 2014, No. 32).
5. Amendment filed 4-27-2015 as an emergency; operative 4-27-2015 (Register 2015, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-26-2015 or emergency language will be repealed by operation of law on the following day.
6. Amendment refiled 10-26-2015 as an emergency; operative 10-26-2015 (Register 2015, No. 44). A Certificate of Compliance must be transmitted to OAL by 1-25-2016 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 1-25-2016 as an emergency; operative 1-25-2016 (Register 2016, No. 5). A Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-25-2016 order, including further amendment of section, transmitted to OAL 4-1-2016 and filed 4-27-2016; amendments operative 4-27-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 18).
9. Amendment of first paragraph and subsection (d)(2) filed 4-30-2018 as an emergency; operative 4-30-2018 (Register 2018, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-30-2018 or emergency language will be repealed by operation of law on the following day.
10. Amendment of first paragraph and subsection (d)(2) refiled 7-30-2018; operative 7-30-2018 (Register 2018, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-29-2018 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-30-2018 order, including amendment of section, transmitted to OAL 9-6-2018 and filed 10-18-2018; amendments operative 10-18-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 42).
12. Amendment of first paragraph and subsections (d), (f)(1) and (f)(3) and new subsections (h)-(i)(2) filed 3-30-2020; operative 3-30-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 14).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 4, § 10170.6, 4 CA ADC § 10170.6
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