California Code of Regulations
Title 4 - Business Regulations
Division 15 - California School Finance Authority
Article 2 - 2004 and 2009 State Charter School Facilities Incentive Grants Programs
Section 10182 - Evaluation Criteria

Universal Citation: 4 CA Code of Regs 10182

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Preference points will be calculated for all eligible applications. An application shall receive preference points based on the total of (a), (b), (c), (d), (e), and (f), up to a maximum of 150 points, as follows:

(a) Low Income: Up to 60 points based on the percentage of pupils at the charter school eligible for FRPM. Preference points assigned shall be based on data collected and reported by the CDE for grades K-12. The following sliding scale will be used to determine the number of preference points:

Percentage Eligible for Free and Reduced-Price Meals Preference Points Assigned
NA or unestablished 0
1-15% 2
16-25% 4
26-30% 8
31-35% 10
36-40% 14
41-45% 18
46-50% 22
51-55% 26
56-60% 28
61-65% 30
66-70% 34
71-75% 38
76-80% 42
81-85% 46
86-87% 50
88-89% 54
90% 55
91% 55.5
92% 56
93% 56.5
94% 57
95% 57.5
96% 58
97% 58.5
98% 59
99% 59.5
100% 60

(b) Overcrowded School Site: If the applicant charter school is physically located within the driving distance of any public school as designated in the table below for which the public school is either 1) eligible for funding under the Overcrowding Relief Grant based on the current list qualified by the most current CALPADS or CBEDS, or 2) meets the criteria for the Critically Overcrowded School program based on the most current CALPADS or CBEDS, as identified for either program by the CDE, the applicant will receive 10 preference points. The driving distance will be determined by the Locale Code assigned by the U.S. Department of Education and found on the National Center for Education Statistics (NCES) website. If no data is available on the NCES website for the applicant charter school, no points will be awarded under this category. The following table will be used to determine the maximum driving distance to receive preference points in this category:

Locale Code Maximum Driving Distance in Miles
City/Urban 3
Suburban 10
Town/Rural 15

(c) Nonprofit Entity: If the charter school or entity operating the charter school meets the definition of a nonprofit entity as defined in this article, the application will receive 20 preference points.

(d) Student Performance: If 60% of the charter school's students meet or exceed either the Smarter Balanced Assessment -- English Language Arts/Literacy standard or the Smarter Balanced Assessment -- Mathematics standard for the most recent year, to the extent data is available for all grades, the applicant will receive 20 preference points. Preference points will be based on data provided by the CDE.

(e) School Choice: If the charter school is providing a school choice option in a community of greatest need, it may receive up to 20 points through the following two options. The charter school may receive 10 points pursuant to subsection (e)(1) and 10 preference points pursuant to subsection (e)(2), to the extent data is available from CDE for all grades.

(1) Smarter Balanced Assessment -- English Language Arts / Literacy standard: If the applicant charter school is physically located within the driving distance as found in the table in subsection (b) of any traditional public school serving a minimum of 50 percent of the same grade levels assessed (grades 3-8 and 11) as the applicant charter school for which CDE has calculated Smarter Balanced Assessment -- English Language Arts/Literacy standard data and a higher percentage of the applicant charter school's students met or exceeded the Smarter Balanced Assessment -- English Language Arts/Literacy standard than did the traditional school's students for the most recent year, the applicant charter school will receive 10 preference points. Verification of Smarter Balanced Assessment -- English Language Arts/Literacy standard data shall be based on data provided by the CDE. The driving distance will be determined by the Locale Code assigned by the U.S. Department of Education and found on the NCES website. If no data is available on the NCES website or CDE website for the applicant charter school, no points will be awarded under this category.

(2) Smarter Balanced Assessment -- Mathematics Standard: If the applicant charter school is physically located within the driving distance as found in the table in subsection (b) of any traditional public school serving a minimum of 50 percent of the same grade levels assessed (grades 3-8 and 11) as the applicant charter school for which CDE has calculated Smarter Balanced Assessment - Mathematics standard data and a higher percentage of the applicant charter school's students met or exceeded the Smarter Balanced Assessment -- Mathematics standard than did the traditional public school's students for the most recent year, the applicant charter school will receive 10 preference points. Verification of Smarter Balanced Assessment -- Mathematics standard data shall be based on data provided by the CDE. The driving distance will be determined by the Locale Code assigned by the U.S. Department of Education and found on the NCES website. If no data is available on the NCES website or CDE website for the applicant charter school, no points will be awarded under this category.

(f) First-Time Award Competitive Priority: If an applicant charter school has not previously received an award under the Program, the applicant charter school shall receive an additional 20 preference points.

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 subsections (b) and (c), transmitted to OAL 2-8-2006 and filed 3-24-2006 (Register 2006, No. 12).
4. Amendment filed 4-19-2007; operative 4-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 16).
5. Amendment of first paragraph and subsection (d) filed 3-24-2008; operative 4-23-2008 (Register 2008, No. 13).
6. Amendment of subsection (b) and new subsections (b)(1) and (b)(2) filed 3-23-2009; operative 4-22-2009 (Register 2009, No. 13).
7. Amendment of first paragraph and subsections (b)-(b)(1) and (d) and new subsections (e)-(f) filed 3-25-2010; operative 4-24-2010 (Register 2010, No. 13).
8. Amendment filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
9. Amendment of subsection (f) filed 3-21-2013; operative 3-21-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 12).
10. 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).
11. Amendment filed 11-29-2017; operative 1-1-2018 (Register 2017, No. 48).
12. Amendment of subsections (b), (d) and (e)(1)-(2) filed 7-26-2018; operative 7-26-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 30).
13. Amendment of subsections (e)(1)-(2) filed 6-20-2019; operative 6-20-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 25).

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

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