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 10187 - Grant Agreements

Universal Citation: 4 CA Code of Regs 10187

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

The terms and conditions of a grant shall be set forth in a grant agreement, which shall include, but not be limited to, all of the following terms and conditions:

(a) The dates by which the grant funds must be legally obligated, expended and liquidated.

(b) A provision that any unspent grant funds and any unspent investment earnings on such grant funds shall revert to the Authority.

(c) Agreement to comply with this Article and federal requirements pertaining to the Program.

(d) Agreement that the subgrantee will defend, indemnify, and hold harmless the Authority and the state, and all officers, trustees, agents, and employees of the same, from and against any and all claims, losses, costs, damages, or liability of any kind or nature, whether direct or indirect, arising from or relating to the grant and the project or the Program.

(e) Agreement that the grant shall only be used for projects as described in the subgrantee's application and approved by the Authority.

(f) Any audit provisions as required by the Authority and/or the U.S. Department of Education.

(g) The charter school shall continuously maintain its good standing with the chartering authority and its compliance with the terms of the charter. The Authority reserves the right to contact the chartering authority directly seeking written verification that the school is in good standing and in compliance with the terms of its charter.

(h) Applicants are required to notify the Authority within 30 days of any material changes to the charter school, including changes to the school name; facility address and lease terms; enrollment charter status and charter authorizer; nonprofit status; financial condition; or scope of the project that occurs between the time of application and the time of completing the project and submitting the final performance report.

(i) Current enrollment based on CALPADS or CBEDS is to be reported to the Authority within 30 days of the end of each Academic Year, until the time at which project completion and the final performance report is submitted.

(j) In the event that the charter school is not in compliance with its charter authorizer or the charter is not in good standing, not renewed, or revoked at any time during the grant period, the subgrantee will advise the Authority within 30 days of notification of such action, including providing the Authority with a copy of the document provided by the chartering entity notifying the charter school of such action.

(k) All subgrantees are required to submit two copies of a final performance report within 60 days after the expiration or termination of grant support.

(l) The format of all performance reports will be provided by the Authority and will include information requested by the U.S. Department of Education.

(m) Any other provisions required by the Authority and/or the U.S. Department of Education.

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 new subsection (g) and subsection relettering, transmitted to OAL 2-8-2006 and filed 3-24-2006 (Register 2006, No. 12).
4. Amendment of subsection (g) filed 3-24-2008; operative 4-23-2008 (Register 2008, No. 13).
5. Amendment of subsection (k) filed 3-23-2009; operative 4-22-2009 (Register 2009, No. 13).
6. Amendment of subsections (d), (h), (j) and (k) filed 3-25-2010; operative 4-24-2010 (Register 2010, No. 13).
7. Amendment of subsection (i) filed 4-9-2015; operative 4-9-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 15).
8. Amendment filed 11-29-2017; operative 1-1-2018 (Register 2017, No. 48).
9. Amendment of subsection (d) 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: Section 17180, Education Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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