§ 10181. Content of Application.

Completed applications and all attachments shall be submitted in duplicate to the Authority and shall include, but not be limited to, all of the following items.

(a) Application (CSFA Form 05-01).

(b) Description of how an award of grant funds for facilities will be used.

(c) Copy of current charter agreement, and verification of the expiration date.

(d) Evidence that the school is organized under section 501(c)(3) of the Internal Revenue Code, or is a nonprofit public benefit corporation pursuant to California Corporations Code section 5110, et seq., if applicable.

(e) Copy of lease contract, rental agreement or other documentation verifying required payments and evidence that the term matches or exceeds the anticipated grant term.

(f) A completed Legal Status Questionnaire submitted in the form set forth in CSFA 05-01.

(g) For construction/renovation or purchase projects only, a detailed description of the project, including timelines, anticipated costs, bids, and other funding sources.

(h) For construction/renovation or purchase projects only, proof of site control for a minimum of the grant period. Such proof may consist of (1) a current title report issued no more than 90 days prior to application showing ownership of the site; or (2) a valid, current, enforceable contingent purchase and sale agreement or option agreement between the Applicant and the owner of the subject property, including evidence that all extensions are in place to keep the agreement current through the grant award date.

(i) For construction/renovation or purchase projects only, evidence of the applicable discretionary use permits and approvals from federal, state or local planning agencies for the proposed project.

(j) Agreement and Certification. The applicant shall agree and certify under penalty of perjury to the following terms and conditions as a requirement of receiving any grant funds. The agreement and certification shall be executed by the charter school's executive director, principal, chair of the board, or another authorized individual and shall be included in the application.

(1) Applicant may be required to return all or a portion of the grant funds including any investment earnings if the applicant fails to use the funds as approved. In cases where the grant will fund architect, design, or engineering fees or land acquisition costs as part of a construction project, the applicant may be required to return all grant funds and any investment earnings if the Authority cannot determine the associated larger construction project has been completed, based on timelines provided within the application. Grant funds shall only be used by the subgrantee in the manner described in the application, unless the Authority approves a change in writing pursuant to section 10186.

(2) Applicant agrees that any laborers and mechanics employed by contractors or subcontractors on the project(s) assisted with these federal funds must be paid in accordance with prevailing wage requirements in the Davis-Bacon Act (40 USCA section 3142, et seq.).

(3) The applicant's project and financial records are subject to audit and inspection by the Authority and the Bureau of State Audits.

(4) Applicant has either disclosed all legal information as required in the Legal Status Questionnaire, or has no legal information to disclose.

(5) Applicant will notify the Authority in writing at the time of project completion with evidence of completion included.

(6) Applicant will provide all documents and information required by law and meets all necessary requirements prior to the release of any funds.

(7) Applicant is required to immediately notify the Authority of any material change to the charter school's enrollment, student performance, charter status, or financial condition.

(8) For all construction/renovation or purchase projects, a copy of the executed construction contracts and all required permits must be submitted no later than one year from the award date and prior to any disbursements.

(k) Verification the charter school is in good standing with its chartering authority and in compliance with the terms of its charter at the time of application submission and without interruption throughout the term of the grant, must be provided directly from the chartering authority on a form provided by the Authority. Chapter schools may appeal any response by the chartering authority's staff directly to the chartering authority governing board. It shall be the charter school's responsibility, and not the Authority's, to ensure that the good standing and compliance response letter is received by the stated deadline.

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 repealer of subsections (d)-(f) and (h) and subsection relettering, transmitted to OAL 2-8-2006 and filed 3-24-2006 (Register 2006, No. 12).

4. Amendment of first paragraph and subsections (c) and (g) filed 4-19-2007; operative 4-19-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 16).

5. Amendment of subsections (b), (d), (f)-(h) and (i)(6)-(7) filed 3-24-2008; operative 4-23-2008 (Register 2008, No. 13).

6. New subsection (b), subsection relettering and new subsection (k) filed 3-25-2010; operative 4-24-2010 (Register 2010, No. 13).

7. Amendment of subsection (h), new subsection (j)(2) and subsection renumbering filed 3-21-2013; operative 3-21-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 12).

Note

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