1. (a) Low Income: Up to 60 points based on the percentage of pupils at the charter school eligible for FRPM. Preference points assigned shall be based on data collected and reported by the CDE for grades K-12. The following sliding scale will be used to determine the number of preference points:

   Percentage Eligible for Free and Reduced-Price Meals

   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

2. (b) Nearby Every Student Succeeds Act Assistance School Site -- 10 points

   Applicant is located within the driving distance in the table below of any public school as designated by California Department of Education for which said public school is eligible for either 1) the Comprehensive Support and Improvement, or 2) the Additional Targeted Support and Improvement:

   Locale Code

   Maximum Driving Distance in Miles

   City/Urban

   3

   Suburban

   10

   Town/Rural

   15

3. (c) Other Equity Demographics -- 10 points

   A charter school who serves a larger percentage of at least one of the groups listed below compared to the percentage served by the Chartering Authority, will receive 2.5 points for each group. Charter schools that serve the same percentage will receive 1 point. Charter schools who serve less will receive 0 points. These figures will be based on the State's most recent CALPADS or CBEDS report.

   - English Learners

   - Foster Youth

   - Homeless/Unhoused

   - Students with Disabilities

4. (d) Student Performance: The associated preference points are based on the charter school's Smarter Balanced Assessment -- English Language Arts/Literacy and Mathematics achievement levels for the most recent year and progress made from the prior year, to the extent data is available. Preference points will be based on data provided by the CDE and calculated using the following:

   Level

   - Very High -- 5 points

   - High -- 3 points

   - Medium -- 1 point

   - Low/Very Low -- 0 points

   Progress

   - Increase Significantly -- 5 points

   - Increased -- 3 points

   - Maintained -- 1 point

   - Declined/ Increase Significantly -- 0 points

5. (e) School Choice: If the charter school is providing a school choice option, it may receive up to 20 points through the following two options to the extent data is available from CDE for all grades. The associated preference points are based on the percentage difference between the charter school's distance from standard as determined by CDE through the Smarter Balanced Assessment compared to the Chartering Authority's distance from standard regarding

   Smarter Balanced Assessment -- English Language Arts / Literacy (10 points).

   Smarter Balanced Assessment -- Mathematics (10 Points).

   Percentage Difference in Distance from Standard

   Points Assigned

   Less than 0%

   0

   1-25%

   2

   26-50%

   4

   51-75%

   8

   Greater than 76%

   10

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:

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

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).

10. Amendment of section and Note filed 4-9-2015; operative 4-9-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 15).

11. Amendment filed 11-29-2017; operative 1-1-2018 (Register 2017, No. 48).

12. Amendment of subsections (b), (d) and (e)(1)-(2) filed 7-26-2018; operative 7-26-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 30).

13. Amendment of subsections (e)(1)-(2) filed 6-20-2019; operative 6-20-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 25).

14. Amendment filed 2-24-2026; operative 4-1-2026 (Register 2026, No. 9).