Cal. Code Regs. tit. 4, § 10170.18 – Eligible Applicant.

(a) The Application is submitted by an Applicant.
(b) Except in the case of a first-year Charter School, the Charter School that will benefit from the loan is established pursuant to Education Code section 47600 et seq.
(c) An approved charter for the Charter School that will benefit from the loan has been awarded, is in place, and is current at the time of Application. In the case of a first-year Charter School, the Applicant shall submit evidence that the charter petition for the Charter School that will benefit from the loan has been submitted to a Chartering Authority for approval and that it anticipates beginning operations in the following fiscal year.
(d) The Charter School is not a conversion from an existing public school.
(e) The Charter School has no material legal issues as determined by the Authority.
(f) Multiple loans may be made to an Applicant. In no instance may an Applicant receive loans for a Charter School that aggregate more than $500,000 over the lifetime of the Charter School.
(g) The Applicant and/or Affiliated Entity, if applicable, are in compliance with all programs administered by the Authority.
(h) The Charter School that will benefit from the loan is in Good Standing as described in Section 10170.17(k) during the fiscal year of the associated Application submission. The Good Standing Confirmation Form (GSCF) (CSFA Form 1119), November 2019 herein incorporated by reference, must be completed and returned only if the Chartering Authority is aware of any outstanding compliance or revocation issues, otherwise no action is necessary. A Charter School found not to be in Good Standing, as determined by their Chartering Authority, shall be ineligible for program funds. The Applicant may cure ineligibility for program funds by meeting one of the following criteria:
1. (1) The Charter School receives confirmation of Good Standing within the same fiscal year of application; or
2. (2) Applicants for a Charter School found not to be in Good Standing solely due to the Charter School failing to meet the requirements of Education Code Section 47607(f)(3) must provide evidence demonstrating fiscal solvency to the satisfaction of the Authority. Such evidence may include the Applicant's organizational budgets and audited financials.
(i) The Authority shall determine whether the Application is complete. If the Authority determines that additional information is needed, the Authority shall notify the Applicant and request such information. If the Applicant fails to provide the information as requested, the Applicant shall be ineligible for a Program loan.

An Applicant shall be eligible to apply for a loan if the following conditions are met:

Note: Authority cited: Section 41365, Education Code. Reference: Sections 41365 and 41366.5, Education Code.

History

1. New section filed 2-3-2014 as an emergency; operative 2-3-2014 (Register 2014, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-4-2014 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 8-4-2014 as an emergency; operative 8-4-2014 (Register 2014, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-3-2014 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 10-27-2014 as an emergency; operative 11-3-2014 (Register 2014, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-2-2015 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 10-27-2014 order, including amendment of subsections (f) and (h) and new subsection (j), transmitted to OAL 1-29-2015 and filed 3-10-2015; amendments effective 3-10-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 11).

5. Amendment of subsections (c) and (d), new subsection (h), subsection relettering and amendment of newly designated subsection (i) filed 12-1-2016; operative 12-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 49).

6. New subsection (b), subsection relettering, amendment of newly designated subsection (k) and new subsections (k)(1)-(2) filed 4-20-2020 as an emergency; operative 4-20-2020 (Register 2020, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-19-2020 or emergency language will be repealed by operation of law on the following day.

7. Emergency filed 4-20-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 22). A Certificate of Compliance must be transmitted to OAL by 12-18-2020 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 4-20-2020 order transmitted to OAL 11-16-2020 and filed 12-30-2020 (Register 2021, No. 1).

9. Amendment filed 12-29-2025 as a deemed emergency pursuant to Education Code section 41365(h); operative 1-1-2026 (Register 2026, No. 1). A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.

10. Amendment refiled 6-19-2026 as a deemed emergency pursuant to Education Code section 41365(h); operative 7-1-2026 (Register 2026, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-29-2026 or emergency language will be repealed by operation of law on the following day.