Any Applicant shall be eligible to apply for a grant if all of the following conditions are met:
(a) The Application is submitted by or on behalf of a Charter School.
(b) An approved charter has been awarded, is in place, and is current at the time of Application.
(c) In the case of a First Year Charter School, a charter petition has been submitted for approval to the Chartering Authority and evidence, such as a copy of the charter petition, is submitted that the school anticipates beginning operations in the Fiscal Year for which an Application is submitted.
(d) The Charter School meets one of the following criteria:
(1) Fifty-five percent (55%) or more of the student enrollment at the Charter School site is eligible for prior year FRPM; or
(2) The Charter School site for which grant funds are requested is physically located in the attendance area of a public elementary school in which fifty-five percent (55%) or more of the pupil enrollment is eligible for prior year FRPM and the school site gives a preference in admissions to pupils who are currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the Charter School site is located, as determined by the local school district.
(3) First Year Charter Schools not operational in the prior year shall be eligible in the current year if the school meets the FRPM Eligibility requirements based on current year data.
(4) In all subsequent funding rounds, all schools shall adhere to Application dates outlined in Section 10170.5.
(e) The Charter School, educational management organization, or charter management organization is not in default with the requirement of all programs administered by the Authority.
(f) The Applicant is in Good Standing, as described in Section 10170.2(q), during the Fiscal Year. An Applicant found not to be in Good Standing, as determined by their Chartering Authority, shall be ineligible for grant funds. An Applicant may cure ineligibility for grant funds by meeting one of the following criteria:
(1) The Applicant receives confirmation of Good Standing within the Fiscal Year.
(2) An Applicant found not to be in Good Standing solely due to the Applicant 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.
(g) The Charter School shall not operate as, or be operated by, a for-profit corporation, a for-profit educational management organization, or a for-profit charter organization.