Charter School Reporting Requirements Pursuant to Proposition 39
Proposition 39, introduced in the November 2000 ballot, amended California Education Code (EC) Section 47614, with the intent that public school facilities should be shared fairly among all public school pupils, including those in charter schools.
EC Section 47614 requires that school districts make available, to all charter schools operating in their school district with projections of at least 80 units of average daily attendance (ADA), facilities that will sufficiently accommodate all of the charter’s in-district students, and that facilities be “reasonably equivalent” to other classrooms, buildings, or facilities in the district.
EC Section 47614(b)(1) states that school districts may charge a charter school a pro-rata share of the facilities costs which the school district pays for with unrestricted general fund revenues. The pro-rata share is based on the ratio of space allocated by the school district to the charter school divided by the total space of the district. Charter schools shall not be otherwise charged for use of the facilities.
The State Board of Education (SBE) adopted regulations (California Code of Regulations, Title 5 [5 CCR] sections 11969.1, 11969.2, 11969.3, 11969.4, 11969.6, 11969.7, 11969.8, 11969.9, 11969.10, 11969.11) to define key provisions such as the opportunity for districts and charter schools to develop mutually agreed upon alternatives to specific compliance with EC Section 47614 (such as funding for leases), calculation of the pro-rata share charge, reimbursement rates for over-allocated space, location, procedures for timelines, and the following reporting requirements:
- Each charter school that received facilities under EC Section 47614, shall report the per-square-foot charge paid in the current fiscal year, to the California Department of Education (CDE).
- The CDE shall post the per-square foot charge on its publicly accessible Web site.
- The CDE shall provide school districts the opportunity to provide additional information regarding the per-square-foot charge calculation.
Each operating charter school in California was provided the opportunity to self-report the per-square-foot charge to the CDE via the Charter School Annual Survey. The data presented is derived from those surveys that were submitted as complete. However, the data may not include information about all charter schools in California with Proposition 39 facilities. It may be possible that some charter schools that accepted Proposition 39 facilities did not complete the survey, did not report the information, or did not report it correctly. The CDE, also, is unable to verify whether each district complied with the per-square-foot charge requirement, as described in the regulations.
Per-Square-Foot Charge Data
2009-10 Per-Square-Foot Charge Reported by Charter Schools that Acquired Facilities Pursuant to Proposition 39 (EC Section 47614) (Updated 27-Dec-2011; XLS; 53KB; 6pp.)
Reimbursement Rates for Over-Allocated Space
Pursuant to 5 CCR Section 11969.8(a), space is considered to be over-allocated if (1) the charter school's actual in-district classroom ADA is less than the projected in-district classroom ADA upon which the facility allocation was based and (2) the difference is greater than or equal to the threshold ADA amount of 25 ADA or 10 percent of projected in-district classroom ADA, whichever is greater.
The per-pupil rate for over-allocated space (calculated by the CDE as required pursuant to 5 CCR Section 11969.8[a]), is equal to the base rate set for 2005–06, adjusted annually by the percentage change in the general purpose entitlement for charter schools, rounded to the next highest dollar. Please view the CDE Per-pupil Rate for Over-Allocated Space Web page for a list of the rates. The rates will be updated after the close of each fiscal year.
The reimbursement amount owed by the charter school for over-allocated space shall be equal to: (1) this rate times the difference between the charter school's actual in-district classroom ADA and the projected in-district classroom ADA for which the facility allocation was based, less (2) this rate times one-half the threshold ADA.