Cal. Code Regs. Tit. 4, § 10176 - Definitions

The following words and phrases shall have the meaning as described below:

(a) "Applicant" shall mean the charter school or educational management organization applying on behalf of a charter school for a grant under this article.

(b) "Application" shall mean a completed State Charter School Facilities Incentive Grants Program (CFDA #84.282D) online application (Form CSFA 05-01, rev. 3/2016), incorporated herein by reference, as defined and developed by the Authority and available on its website, and all other documents required to be submitted to the Authority.

(c) "Average Daily Attendance" (ADA) shall mean the unit of attendance as reported by the California Department of Education (CDE) for the second period of the school year.

(d) "CALPADS" shall mean the enrollment information provided through the California Longitudinal Pupil Achievement Data System (CALPADS) to the CDE.

(e) "CBEDS Report" shall mean the enrollment information provided through the California Basic Educational Data System (CBEDS) to the CDE.

(f) "Charter School" shall mean a school meeting the definition of a charter school in Education Code section 47600, et seq. and also meeting the federal definition of charter school as defined in section 5210(1) of the Elementary and Secondary Education Act of 1965 (20 USCA section 7221(i)), as amended by the No Child Left Behind Act of 2001.

(g) "Charter School Facility Grant Program" or "SB 740 Program" shall mean the state-funded per-pupil facility grant program established pursuant to Education Code section 47614.5.

(h) "Chartering Authority" shall mean the governing board of the school district, county board of education, or the State Board of Education, that granted a school's petition to become a charter school pursuant to Education Code section 47605.

(i) "Classroom-Based Instruction" shall have the meaning set forth in Education Code section 47612.5(e)(1).

(j) "Davis-Bacon and Related Acts" shall mean the following federal acts: Davis-Bacon Act -- 40 U.S.C. § 3141, et seq.; Fair Labor Standards Act -- 29 U.S.C. § 201, et seq; Contract Work Hours and Safety Standards Act -- 40 U.S.C. § 3701, et seq.; and Copeland "Anti-Kickback" Act -- 40 U.S.C. § 3145 and 18 U.S.C. § 874.

(k) "Enrollment" shall mean the number of pupils enrolled in a school as collected and reported by the CDE for grades K-12.

(l) "Free and Reduced-Price Meals" (FRPM) shall mean the Free/Reduced Percentage as collected by the CDE, and reported by the CDE for grades K-12.

(m) "Grantee" shall mean the California School Finance Authority (Authority), which will serve as the administrator of the grant and will make final award and disbursement decisions.

(n) "Locale Code" shall mean a categorical code that the U.S. Department of Education has designated to identify the population density associated with a school's physical location. Locale codes are derived by matching a school's physical location represented by an address with U.S. Census Bureau data.

(o) "Low-income" shall refer to the percentage of pupils deemed to be eligible for free/reduced price meals as identified in the FRPM data for the school on file at the CDE and as identified in this section.

(p) "National Center of Education Statistics (NCES)" shall mean the primary entity within the U.S. Department of Education responsible for collecting and analyzing data related to education.

(q) "New Construction Eligibility" shall mean the result of the calculation determined in Education Code sections 17071.75 and 17071.76.

(r) "Nonprofit Entity" shall mean an entity that is organized and operated for an exempt purpose as set forth in Internal Revenue Code section 501(c)(3) and whose net earnings may not inure to the benefit of any private shareholder or individual, or is organized and operated by a nonprofit public benefit corporation, pursuant to State Corporations Code, Title 1, Division 2, Part 2, section 5110, et seq.

(s) "Program" shall mean the State Charter School Facilities Incentive Grants Program (CFDA #84.282D).

(t) "Proposition 39 pro-rata payment" shall mean the pro-rata share payment that a charter school makes for use of a district-held property pursuant to Education Code section 47614(b)(1).

(u) "Smarter Balanced Assessment System" shall mean the testing criteria required under the Common Core State Standards (CCSS) for English Language Arts/Literacy (ELA) and Mathematics as reported by the CDE.

(v) "Subgrantee" shall mean an Applicant awarded Program funds on behalf of a charter school.

Notes

Cal. Code Regs. Tit. 4, § 10176

1. New section filed 6-27-2005 as an emergency; operative 6-27-2005 (Register 2005, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2005 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-17-2005 as an emergency; operative 10-17-2005 (Register 2005, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-14-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-17-2005 order, including amendment of subsection (b), transmitted to OAL 2-8-2006 and filed 3-24-2006 (Register 2006, No. 12).
4. Amendment of subsections (a), (b), (g) and (i), new subsection (j) and subsection relettering filed 4-19-2007; operative 4-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 16).
5. Amendment of subsections (b) and (e) filed 3-23-2009; operative 4-22-2009 (Register 2009, No. 13).
6. Amendment filed 3-25-2010; operative 4-24-2010 (Register 2010, No. 13).
7. New subsections (k), (m) and (q) and subsection relettering filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
8. Amendment of section and NOTE filed 4-9-2015; operative 4-9-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 15).
9. Amendment of subsection (d) filed 3-3-2016; operative 3-3-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 10).
10. Change without regulatory effect amending subsection (d) filed 3-28-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 14).
11. Amendment filed 11-29-2017; operative 1-1-2018 (Register 2017, No. 48).
12. Amendment of subsections (c)-(d), (l) and (u) filed 7-26-2018; operative 7-26-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 30).

Note: Authority cited: Sections 17179 and 17180, Education Code. Reference: Sections 17180, 47605 and 47612.5, Education Code.

1. New section filed 6-27-2005 as an emergency; operative 6-27-2005 (Register 2005, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2005 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-17-2005 as an emergency; operative 10-17-2005 (Register 2005, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-14-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-17-2005 order, including amendment of subsection (b), transmitted to OAL 2-8-2006 and filed 3-24-2006 (Register 2006, No. 12).
4. Amendment of subsections (a), (b), (g) and (i), new subsection (j) and subsection relettering filed 4-19-2007; operative 4-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 16).
5. Amendment of subsections (b) and (e) filed 3-23-2009; operative 4-22-2009 (Register 2009, No. 13).
6. Amendment filed 3-25-2010; operative 4-24-2010 (Register 2010, No. 13).
7. New subsections (k), (m) and (q) and subsection relettering filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
8. Amendment of section and Note filed 4-9-2015; operative 4/9/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 15).
9. Amendment of subsection (d) filed 3-3-2016; operative 3/3/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 10).
10. Change without regulatory effect amending subsection (d) filed 3-28-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 14).
11. Amendment filed 11-29-2017; operative 1/1/2018 (Register 2017, No. 48).
12. Amendment of subsections (c)-(d), (l) and (u) filed 7-26-2018; operative 7/26/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 30).