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«INITIAL STATEMENT OF REASONS SCHOOL FACILITY PROGRAM REGULATIONS Section 1859.2. Definitions. Specific Purpose of the Regulation To provide the ...»

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Need for the Regulation It was necessary to make minor non-substantive changes replacing the word “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.165. Conversion of Preliminary Charter School Apportionment.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation It was necessary to make minor non-substantive changes replacing the word “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.166. Time Limit on Preliminary Charter School Apportionment.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation It was necessary to make minor non-substantive changes replacing the word “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.166.1. Preliminary Charter School Apportionment Time Limit Extension.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation It was necessary to make minor non-substantive changes replacing the word “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Section 1859.167. Final Charter School Apportionment.

Specific Purpose of the Regulation To make non-substantive changes.

Need for the Regulation Subsections (a), (b)(2), and (b)(3): It was necessary to make minor non-substantive changes replacing the word “Charter School” with “applicant” in order to maintain consistency throughout the SAB’s regulations and with the Education Code. These regulatory amendments allow both charter schools and school districts to apply for CSFP funding.

Subsection (b)(4): It was necessary to make non-substantive renumbering changes for two Section numbers listed in the text. The changes, “1859.167.2” was changed to “1859.167.4,” and “1859.167.3” was changed to “1859.167.5” because of the new Sections being added.

Section 1859.167.1. Final Charter School Apportionment Determination for Charter School Facilities Program Rehabilitation.

Specific Purpose of the Regulation To describe the components and calculation of the Final Charter School Apportionment for CSFP rehabilitation projects. It was necessary to add this section to clarify the process of calculating and describing the grants that comprise Final Charter School Apportionment requests for CSFP rehabilitation projects. Previously, the Final Charter School Apportionment for Charter School Facilities Program Rehabilitation was calculated using the regulations for the modernization program. However, because the existing modernization grant calculations are not aligned with the requirement in Education Code Section 17078.54(d) for CSFP grants to be on a 50 percent state share and a 50 percent local share basis, it was necessary to add regulations detailing the components of Final Charter School Apportionment requests for Charter School Facilities Program rehabilitation.

Need for the Regulation Introductory paragraph: It was necessary to state the process of calculating and to describe the supplemental grants that comprise Final Charter School Apportionment requests for CSFP rehabilitation projects.

Subsection (a): This subsection was necessary to describe the calculation of the Charter School Facilities Program Rehabilitation Grant. It was also necessary to use the new defined term, “Charter School Facilities Program Grant” to describe the square footage grant that Charter School Facilities Program rehabilitation projects receive in lieu of a per-pupil grant, and to allow simpler regulatory language for Charter School Facilities Program rehabilitation supplemental grants, such as geographic location, small size project, High Performance Incentive, and Urban/Security/Impacted site. This calculation is substantially similar to the corresponding grant calculation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation in Section 1859.163.5.

Subsection (a)(1): This subsection was necessary to describe the square footage-based grant calculation. This language is identical to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation.

Subsection (a)(1)(A): This subsection was necessary to describe a component of the square footage-based grant calculation. This language is similar to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation, except it does not refer to the Charter School’s projected enrollment, which is only used for the Preliminary Charter School Apportionment.

Subsection (a)(1)(B): This subsection was necessary to describe a component of the square footage-based grant calculation. This language is identical to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation.





Subsection (a)(1)(C): This subsection was necessary to describe a component of the square footage-based grant calculation. This language is identical to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation.

Subsection (a)(1)(D): This subsection was necessary to describe a component of the square footage-based grant calculation. This language is identical to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation.

Subsection (a)(1)(E): This subsection was necessary to describe a component of the square footage-based grant calculation. This language is identical to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation.

Subsection (a)(1)(F): This subsection was necessary to describe the square footage-based grant calculation. Apart from different subsection references, this language is identical to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation.

Subsection (a)(1)(G): This subsection was necessary to describe the square footage-based grant calculation. This language is similar to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation, except for the additional wording that clarifies that the square footage used for this calculation is not to exceed the amount used to determine the Preliminary Charter School Apportionment for the project. It was also necessary to add wording in the subsection to describe the method of annually adjusting the grants per square foot authorized by this regulation section.

Subsection (a)(2): This subsection was necessary to describe the calculation of the cap on the square footage-based grant described in subsection (a). This language is similar to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation, except that “New Construction Grant” is capitalized to refer to the defined term and clarifying references to subsequent subsections are added.

Subsection (a)(2)(A): This subsection was necessary to describe the grade level usage of project classrooms needed to calculate the cap on the square footage-based grant described in subsection (a). This language is similar to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program Rehabilitation, except it does not refer to the Charter School’s projected enrollment, which is only used for the Preliminary Charter School Apportionment.

Subsection (a)(2)(B): This subsection was necessary to describe the number of pupils per classroom at different grade levels that is needed to calculate the cap on the square footagebased grant described in subsection (a). This language is identical to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation.

Subsection (a)(2)(C): This subsection was necessary to describe the calculation of the cap on the square footage-based grant described in subsection (a). This language is similar to the corresponding regulation for the Preliminary Charter School Apportionment for Charter School Facilities Program rehabilitation, except that the calculation refers to the New Construction Grant rather than a specific grant only used for Preliminary Charter School Apportionments. It was also necessary to add wording in the subsection to describe the method of annually adjusting the grants per square foot authorized by this regulation section.

Section 1859.167.2. Charter School Facilities Program Rehabilitation Additional Grant for Labor Compliance Program or Prevailing Wage Monitoring and Enforcement Costs.

Specific Purpose of the Regulation To describe the components and calculation of the additional grant for Labor Compliance Program costs or prevailing wage monitoring and enforcement costs.

Need for the Regulation Introductory paragraph: It was necessary to state that an additional grant for either Labor Compliance Program initiation/enforcement or prevailing wage enforcement cost is available, if applicable, and as determined by the calculations described in the following subsections.

Subsection (a): This subsection was necessary to set forth the requirements and calculation of the additional grant for Labor Compliance Program initiation/enforcement. This language is identical to the corresponding paragraph in the existing regulation for the Labor Compliance Program grant for new construction projects in Section 1859.71.4(a), except this section refers to increasing the Charter School Facilities Program Rehabilitation Grant by the applicable percentage rather than the per-unhoused pupil grant for new construction.

Subsection (a)(1): This subsection was necessary because the total amount of funding to be provided for Labor Compliance Program initiation/enforcement is determined using the chart in Section 1859.71.4(b). This language is similar to Labor Compliance Program grant regulations for modernization projects in Section 1859.78.1(a)(1), except this section refers to Charter School Facilities Program rehabilitation projects rather than modernization.

Subsection (a)(2): This subsection was necessary because the Labor Compliance Program grant calculation includes lease payments for the applicant’s matching share of CSFP projects.

This language is consistent with the amended regulation for the prevailing wage monitoring grant in Section 1859.163.5(b)(1)(B).

Subsection (b): This subsection was necessary to set forth the requirements and calculation of the prevailing wage monitoring grant. This is similar to language in the existing regulation for the prevailing wage monitoring grant for modernization projects in Section 1859.78.1(b), except the grant increase is 50 percent, rather than 60 percent, of one-fourth of one percent.

Subsection (b)(1): This subsection was necessary because the prevailing wage monitoring grant calculation includes lease payments for the applicant’s matching share of CSFP projects.

This language is consistent with the amended regulation for the prevailing wage monitoring grant in Section 1859.163.5(b)(2)(A).

Subsection (b)(2): This subsection was necessary to clarify the requirements of, and exemptions to, Labor Code Section 1771.3, which requires prevailing wage monitoring by the Department of Industrial Relations for most School Facility Program projects with contracts awarded on or after January 1, 2012. This language is identical to the existing regulation for the prevailing wage monitoring grant for modernization projects in Section 1859.78.1(c).

Subsection (b)(3): This subsection was necessary to clarify that applicants failing to meet the prevailing wage monitoring requirement must return the state funding provided for the project, including interest. This language is nearly identical to the existing regulation for the prevailing wage monitoring grant for modernization projects in Section 1859.78.1(d), except that it refers to an “applicant” rather than “school district” because charter schools are allowed to apply for CSFP funding on their own behalf.

Subsection (b)(4): This subsection was necessary to clarify that applicants failing to meet the prevailing wage monitoring requirement or exemption to the requirement must return the state funding provided for the project, including interest. This language is nearly identical to the existing regulation for the prevailing wage monitoring grant for modernization projects in Section 1859.78.1(e), except that it refers to an “applicant” rather than “school district” because charter schools are allowed to apply for CSFP funding on their own behalf.

Section 1859.167.3. Excessive Cost Hardship Grant for Charter School Facilities Rehabilitation.

Specific Purpose of the Regulation To describe the components and calculation of the Excessive Cost Hardship Grant for CSFP rehabilitation projects.

Need for the Regulation Introductory paragraph: It was necessary to state that applicants for a Final Charter School Apportionment for Charter School Facilities Program Rehabilitation are eligible to receive the Excessive Cost Hardship Grants described in this section.

Subsection (a): This subsection was necessary to describe the projects that are eligible to receive the Geographic Location grant.

Subsection (a)(1): This subsection was necessary to state that the Charter School Facilities Program Rehabilitation Grant will be increased by the applicable percentage for geographic location.

Subsection (a)(2): This subsection was necessary to state that other Excessive Cost Hardship grants that may be increased by the applicable percentage for geographic location.



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