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Proposition 39 and Charter Schools

Information on Proposition 39 and its effects on charter schools.
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 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) (XLS)

Reimbursement Rates for Over-Allocated Space

Pursuant to 5 CCR Section 11969.8:

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.

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 a 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 shall be equal to the statewide average cost avoided per pupil set pursuant to Education Code section 42263 for 2005-06, adjusted annually thereafter by the CDE by the annual percentage change in the general-purpose entitlement to charter schools calculated pursuant to Education Code section 47633, rounded to the next highest dollar. 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 upon which the facility allocation was based, less (2) this rate times one-half the threshold ADA. For purposes of this subdivision, the actual in-district classroom ADA shall be determined using the report submitted pursuant to section 11969.9(l) in conjunction with the second principal apportionment under Education Code section 41601.

A charter school must notify the school district when it anticipates that it will have over-allocated space that could be used by the school district. Upon notification by a charter school that the charter school anticipates having over-allocated space, a school district may elect to use the space for school district programs. The school district must notify the charter school whether or not it intends to use the over-allocated space within 30 days of the notification by the charter school. If the school district notifies the charter school that it intends to use all or a portion of the over-allocated space, payments for over-allocated space and pro rata share payments shall be reduced accordingly beginning at the time of the school district notification to use the space. If the school district notifies the charter school that it does not intend to use the space, the charter school must continue to make payments for over-allocated space and pro rata share payments. The school district may, at its sole discretion, reduce the amounts owed by the charter school.

Questions: Charter Schools Division | charters@cde.ca.gov | 916-322-6029 
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