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§ 10170.9. Apportionment of Grant Funds.

4 CA ADC § 10170.9Barclays 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 § 10170.9
§ 10170.9. Apportionment of Grant Funds.
Currentness
(a) The first apportionment of 50% of the Estimated Annual Entitlement shall be disbursed to each Grantee by October 31 of the Fiscal Year for which the grant is requested, or 30 days after enactment of the annual Budget Act, whichever is later.
(b) For a Grantee that submitted an Application pursuant to Section 10170.5(a)(2), the first apportionment of 50% of the Estimated Annual Entitlement shall be made within 30 days after the Authority determines eligibility and the Estimated Annual Entitlement.
(c) No later than March 1 of each Fiscal Year, the Authority shall provide to each Grantee a second disbursement of 75% of the Estimated Annual Entitlement less the initial disbursement and less any adjustments due to receipt of the executed rental or lease agreement for the designated Fiscal Year.
(d) No later than 30 days after the end of each Fiscal Year or 30 days after receiving the data and documentation needed to compute the Charter School's total annual entitlement, whichever is later, the Authority shall provide to each Grantee a third disbursement of 100% of the Final Fiscal Year Entitlement less the first two disbursements and adjusted for any changes to the FRPM Eligibility data, ADA, and executed rental or leases agreements for the designated Fiscal Year. If reimbursement of invoices considered eligible pursuant to Section 10170.4(a)(2) is requested and Program funds remain, these costs will be incorporated into this final disbursement.
(e) If there are insufficient funds to cover all eligible costs, the following conditions shall be in effect:
(1) Facility rent and lease costs as described in Section 10170.4(a)(1), (a)(3), and (a)(4) shall be awarded first. If funds remain, the Authority shall determine the pro rata share for each Grantee's invoice costs as described in Section 10170.4(a)(2) by calculating the percentage of the remaining funds available as compared to the funds needed to award all Grantees' eligible invoice costs. This percentage shall be applied to the Grantee's eligible invoice costs, as described in subsection (A) below.
(A) Eligible invoice costs = If 75% of (invoice costs + lease costs) >ADA Cap, then ADA Cap - (75% x lease costs), otherwise invoice costs.
(2) If insufficient funds remain available from the Fiscal Year's appropriation to reimburse Grantee's facility rent and lease costs, the award shall be based solely on rent and lease costs as described in Section 10170.4(a)(1), (a)(3) and (a)(4). The Authority shall determine the pro rata share to which each Grantee is entitled by calculating the percentage of the Fiscal Year's appropriation as compared to the funds needed to fully award all Grantees' rent and lease costs. This percentage shall be applied to the Grantee's annual award and shall serve as the Grantee's pro rata share.
(3) The Authority shall disburse funds in three apportionments pursuant to subsections (b)-(e).
(A) The first apportionment shall be 50% of the pro rata share of the Estimated Annual Entitlement as determined by calculating the percentage of the Fiscal Year's appropriation as compared to the funds needed to fully award all Grantee's Maximum ADA Cap.
(B) The second apportionment shall be 25% of the pro rata share of the Estimated Annual Entitlement as determined by calculating the percentage of the Fiscal Year's appropriation as compared to the funds needed to fully award all Grantee's Maximum ADA Cap.
(C) The third apportionment shall be the pro rata share of the Grantee's remaining balance of the Final Fiscal Year Entitlement.
(4) Until the current year FRPM data is made available, Charter Schools with no Prior Year enrollment data shall have their FRPM based solely on the Charter School sites' Period 1 FRPM submission to the Department.
(5) During the Final Fiscal Year Entitlement Calculation, each eligible Applicant shall receive a Notice of Eligible Facility Costs (CSFA Form 740-03; revised October 2017), incorporated herein by reference. This notice shall serve as the Section 10170.10 Notification of Grantee and upon receipt, the Applicant shall have 30 days to review and execute the notice.
(6) The Applicant shall have the opportunity to appeal the Notice of Eligible Facility Costs and the Appeal Process under Section 10170.10 (b)-(g) shall be implemented.
(7) The Authority shall not disburse the third apportionment under subsection (e) until each eligible Applicant's executed Notice of Eligible Facility Costs has been received or October 30, whichever is earliest.
(f) If a Grantee's Final Fiscal Year Entitlement is less than the amount disbursed to the Grantee through the first two apportionments the Authority shall provide the Grantee with notice and require that the Grantee reimburse the Authority for the excess within 60 days of the Grantee's receipt of such notice.
(g) Prior to disbursement of funds for costs associated with remodeling buildings, deferred maintenance, initially installing or extending service systems and other built-in equipment, improving sites, and common area maintenance, the Grantee shall complete the annual Invoice Expenditure Report, provided by the Authority. Grantee shall also submit supporting invoices, work orders, or other evidence of completed work to the Authority. Upon presentation of such evidence of actual costs incurred, such costs shall be reimbursed as a portion of the final apportionment. Such evidence shall be provided to the Authority no later than July 15 of the applicable Fiscal Year.
(h) At any time during each Fiscal Year the Authority reserves the right to:
(1) Adjust each Grantee's Estimated Annual Entitlement on a pro rata basis based on the number of approved Grantees, the total amount of Estimated Annual Entitlements, and the amount of funds available;
(2) Adjust Estimated Annual Entitlements for individual Grantees based on the Authority's receipt of updated data from the Grantee or the Department; and
(3) If final data for FRPM Eligibility provided by the Department establishes that the Grantee is not eligible for the program pursuant to Section 10170.3(d), request reimbursement of grant funds already disbursed to the Grantee consistent with subdivision (d).

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 subsections (c) and (h) filed 4-10-2017 as an emergency; operative 4-10-2017 (Register 2017, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-9-2017 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-10-2017 order transmitted to OAL 7-19-2017 and filed 8-24-2017 (Register 2017, No. 34).
11. Amendment of subsection (f), new subsections (f)(1)-(f)(6) and amendment of subsection (h) filed 11-2-2017 as an emergency; operative 11-2-2017 (Register 2017, No. 44). A Certificate of Compliance must be transmitted to OAL by 5-1-2018 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (f), new subsections (f)(1)-(f)(6) and amendment of subsection (h) refiled 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.
13. Amendment of subsection (f), new subsections (f)(1)-(f)(6) and amendment of subsection (h) refiled 7-30-2018 as an emergency; 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.
14. 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).
15. Amendment of subsections (b), (d) and (e)(4) 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 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 4, § 10170.9, 4 CA ADC § 10170.9
End of Document