Cal. Code Regs. tit. 4 § 10170.17

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 10170.17 - Definitions

For the purposes of this article, the following words and phrases shall have the meaning as described below:

(a) "Affiliated Organization" shall mean a legal entity that assumes financial, legal, and operational responsibility for a Charter School(s), including but not limited to, a school district, parent company and charter management organization.

(b) "Applicant" shall mean the Charter School or Chartering Authority applying on behalf of a Charter School for a loan under this article.

(c) "Application" shall mean a completed Charter School Revolving Loan Fund Program Application (CSFA RLF-01; revised August 10, 2016), incorporated herein by reference, as defined and developed by the Authority, and all other documents required to be submitted to the Authority.

(d) "Authority" shall mean the California School Finance Authority.

(e) "CDS Code" shall mean the County-District-School identifier assigned to all California Charter Schools.

(f) "Charter School" shall mean a school established and operating pursuant to the Charter Schools Act of 1992 (Education Code Section 47600, et seq.)

(g) "Charter School Revolving Loan Fund" shall mean the designated fund within the State Treasury established pursuant to Education Code section 41365 for the purpose of disbursing Program loans to Charter Schools.

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

(i) "Free or Reduced-Price Meal" or "FRPM" shall mean the percentage of enrolled students in grades Kindergarten through 12th grade or students ages 5 through 17, whichever is greater, eligible for Free or Reduced-Price Meals, as reported by the California Department of Education and certified through the annual Fall 1 data submission to the California Longitudinal Pupil Achievement Data System for the same fiscal year within which the Applicant applies.

(j) "Good Standing" shall mean the Applicant meets all three of the following conditions:

1) is in compliance with the terms of the charter,

2) does not have any pending or outstanding corrective actions as described in a notice issued pursuant to Education Code Section 47607(g), and

3) does not have a pending or outstanding Notice of Intent to Revoke as described in Education Code Section 47607(h). The Authority will rely on information prepared by the chartering authority and the submission of a Good Standing Confirmation Form (GSCF) (CSFA Form 1119), November 2019 herein incorporated by reference.

(k) "Incorporated Charter School" shall mean a Charter School operated by a corporate entity, such as a non-profit corporation, limited liability corporation, or partnership.

(l) "Loan Recipient" shall mean the Charter School or Chartering Authority that has applied on behalf of a Charter School for which the Authority has approved and issued a loan through the Program.

(m) "New Charter School" shall mean a Charter School planning to begin operations in the fiscal year following the fiscal year in which an Application has been submitted.

(n) "Nonprofit Entity" shall mean an entity organized and operated for an exempt purpose as set forth in Internal Revenue Code section 501(c)(3), or is organized and operated by a nonprofit public benefit corporation, pursuant to California Corporations Code, Title 1, Division 2, Part 2, section 5110, et seq., and no part of the organization's income is distributed to its members, directors, or officers

(o) "Pooled Money Investment Account" shall mean the designated account within the State that is managed by the State Treasurer's Office and governed by the Pooled Money Investment Board to invest taxpayers' money and manage the State's cash flow. The yield on the Account is used to set the interest rate on an approved loan at the time that the loan proceeds are disbursed to Charter Schools.

(p) "Program" shall mean the Charter School Revolving Loan Fund Program.

(q) "Region One" shall consist of the following counties: Alpine, Amador, Butte, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, and Yuba.

(r) "Region Two" shall consist of the following counties: Alameda, Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Stanislaus, Tulare, and Tuolumne.

(s) "Region Three" shall consist of the following counties: Los Angeles, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura.

(t) "Region Four" shall consist of the following counties: Imperial, Orange, Riverside, and San Diego.

Cal. Code Regs. Tit. 4, § 10170.17

1. New section filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-4-2014 as an emergency; operative 8-4-2014 (Register 2014, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-3-2014 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-27-2014 as an emergency; operative 11-3-2014 (Register 2014, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-2-2015 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-27-2014 order, including amendment of subsection (b), transmitted to OAL 1-29-2015 and filed 3-10-2015; amendments effective 3-10-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 11).
5. New subsections (a), (i) and (l), subsection relettering and amendment of newly designated subsections (c), (e), (j) and (m) filed 12-1-2016; operative 12-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 49).
6. New subsections (j) and (n) and subsection relettering filed 4-20-2020 as an emergency; operative 4-20-2020 (Register 2020, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-19-2020 or emergency language will be repealed by operation of law on the following day.
7. Emergency filed 4-20-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 22). A Certificate of Compliance must be transmitted to OAL by 12-18-2020 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-20-2020 order, including nonsubstantive amendment of subsection (j), transmitted to OAL 11-16-2020 and filed 12-30-2020 (Register 2021, No. 1).

Note: Authority cited: Section 41365, Education Code. Reference: Sections 41365 and 41366.5, Education Code.

1. New section filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-4-2014 as an emergency; operative 8-4-2014 (Register 2014, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-3-2014 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 10-27-2014 as an emergency; operative 11/3/2014 (Register 2014, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-2-2015 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-27-2014 order, including amendment of subsection (b), transmitted to OAL 1-29-2015 and filed 3-10-2015; amendments effective 3/10/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 11).
5. New subsections (a), (i) and (l), subsection relettering and amendment of newly designated subsections (c), (e), (j) and (m) filed 12-1-2016; operative 12/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 49).
6. New subsections (j) and (n) and subsection relettering filed 4-20-2020 as an emergency; operative 4/20/2020 (Register 2020, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-19-2020 or emergency language will be repealed by operation of law on the following day.
7. Emergency filed 4-20-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 22). A Certificate of Compliance must be transmitted to OAL by 12-18-2020 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-20-2020 order, including nonsubstantive amendment of subsection (j), transmitted to OAL 11-16-2020 and filed 12/30/2020 (Register 2021, No. 1).