§ 10182. Evaluation Criteria.

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 meeting the definition of low-income. Preference points assigned shall be based on data collected and posted by the California Department of Education on its web site. The following sliding scale will be used to determine the number of preference points:

Percentage Receiving
Free/Reduced Lunch	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 CBEDS, or 2) meets the criteria for the Critically Overcrowded School program based on the most current CBEDS, as identified for either program by the California Department of Education, 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 the charter school meets its Academic Performance Index (API) Growth Target for either Schoolwide or Subgroups for the most recent year, the applicant will receive 20 preference points. Preference points will be based on data provided by the California Department of Education.

(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 opportunities. The charter school may receive 10 points pursuant to subsection (e)(1) and 10 performance points pursuant to subsection (e)(2). The charter school may receive 10 points from each subsection (e)(1) and subsection (e)(2), or from either of the subsections, for a maximum of 20 preference points.

(1) Adequate Yearly Progress: 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 the same grade levels as the applicant charter school) for which CDE has calculated AYP criteria and indicates the traditional school did not meet all AYP criteria for the most recent year, and the applicant charter school did meet all AYP criteria for the most recent year, the applicant charter school will receive 10 preference points. Verification of AYP data shall be based on data provided by the California Department of Education. 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 for the applicant charter school, no points will be awarded under this category.

(2) Academic Performance Index Growth Target: 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 the same grade level as the applicant charter school) for which the API Growth Target has been calculated, however, the traditional school did not meet its API Growth Target for Both Schoolwide and Subgroups for the most recent year, and the applicant charter school did meet its API Growth Target for Both Schoolwide and Subgroups for the most recent year, the applicant charter school will receive 10 preference points. Verification of API Growth Target data shall be based on data provided by the California Department of Education. 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 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 State Charter School Facilities Incentive Grants Program, the applicant charter school shall receive an additional 20 preference points.

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 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).

Note

Note: Authority cited: Sections 17179 and 17180, Education Code. Reference: Sections 17078.56 and 17180, Education Code.