§ 10176. Definitions.

For the purposes of this article, the words and phrases defined in section 17078.52 of the Education Code shall have the same meaning as described therein. In addition, the following words and phrases shall have the meaning as described below:

(a) “Academic Performance Index Growth” shall mean the Growth API summarizing a school's performance on the Standardized Testing and Report Program and California High School Exit Examination tests, as reported by the California Department of Education.

(b) “Adequate Yearly Progress” shall mean the AYP criteria required under the No Child Left Behind Act of 2001 for identifying schools that are making adequate yearly progress.

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

(d) “Application” shall mean a completed application (Form CSFA 05-01, rev. 2009), 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.

(e) “CBEDS Report” means the enrollment information provided through the California Basic Educational Data System (CBEDS) to the California Department of Education.

(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) “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.

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

(i) “Free and Reduced Lunch” means the Free/Reduced Percentage as collected by the California Department of Education (CDE), and posted on the CDE website.

(j) “Grantee” means the California School Finance Authority, which will serve as the administrator of the grant and will make final award and disbursement decisions.

(k) “Locale Code” means 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.

(l) “Low-income” shall refer to the percentage of pupils deemed to be eligible for free/reduced meals as identified in the Free and Reduced Price meals data for the school on file at the California Department of Education.

(m) “National Center of Education Statistics” means the primary entity within the U.S. Department of Education responsible for collecting and analyzing data related to education.

(n) “New Construction Eligibility” means the result of the calculation determined in Education Code sections 17071.75 and 17071.76.

(o) “Nonprofit Entity” means an entity that is organized and operated for purposes of not making a profit under the provisions of the Internal Revenue Code section 501(c)(3), 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.

(p) “Program” means the 2009 State Charter School Facilities Incentive Grants Program (CFDA #84.282D).

(q) “Proposition 39 pro-rata payment” means 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).

(r) “Subgrantee” means an Applicant awarded grant funds on behalf of a charter school.

HISTORY

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).

Note

Note: Authority cited: Sections 17179 and 17180, Education Code. Reference: Sections 17078.52, 17180, 47605 and 47612.5, Education Code.