TO:      All Interested Parties

FR:      Laura Preston, Legislative Advocate

RE:      Proposition 39

As you know, over ACSA's objections, the State Board of Education passed comprehensive regulation reforms to Proposition 39 - requiring school districts to provide school facilities to charter schools.  Because the regulations were delayed in their passage, they do not apply to facility requests until the 2009-10 fiscal year. 

In August, ACSA, CSBA and CASBO filed a lawsuit against the State Board of Education and CA Department of Education regarding these adopted Proposition 39 regulations.  The basis of the lawsuit is that the State Board acted outside the scope of their authority in advancing a proposition without going through statute, and therefore the regulations are not valid.  We were hopeful that once the lawsuit was filed, a stay would have followed, preventing Proposition 39 changes to take place until the courts have ruled.  This has not happened so far and is likely not going to occur at all.  As a result, it is important that you are aware of the timelines the new Proposition 39 regulations impose for you to be in compliance with the changes.

November 1, 2008:   The Charter application is due

December 1, 2008:  The school district shall review the charter school's projections and let the charter school know of any objections.  These objections must be in writing and the district must state the projections that they feel are reasonable.

January 1, 2009:       The charter school must respond to any objections expressed by the school district and to the district's projections by this date.  Remember, you are in the middle of the holiday season so expect these responses earlier.

February 1, 2009:     By this date, the school district shall prepare, in writing, a preliminary proposal regarding the space to be allocated to the charter school and/or to which the charter school is to be provided access.  The preliminary proposal shall include, but not be limited to the following:

·        Projections of in-district classroom ADA which the proposal is based;

·        Specific location or locations of the space;

·        All conditions pertaining to space, including a draft of an proposed agreement pertaining to the charter school's use of the space;

·        The projected pro-rata share amount and description of the methodology used to determine that amount; and

·        A list and description of the comparison group schools used in developing its preliminary proposal, and a description of the differences between the preliminary proposal and the charter school's facilities request.

March 1, 2009:          The charter school shall respond in writing to the school district's preliminary proposal informing the district of any concerns, addressing differences between the preliminary proposal and the charter school's facilities request and make a counter proposal if necessary.

April 1, 2009:             The school district shall submit in writing a final notification of the space offered to the charter school.  The notification shall include a response to the charter school's concerns, if any and a counter proposal if necessary.

May 1, 2009:              The charter school must notify the school district in writing whether or not it intends to occupy the space offered. 

Remember, under Proposition 39, the facilities must be furnished, equipped, and available for occupancy ten working days prior to when the charter school begins school instruction.  An agreement worked out in the regulation development process allows this period to be reduced by the school district for good cause.  However, the timeline can not be reduced below seven working days. 

This issue of furnishing and equipment has been expanded substantially by Proposition 39 and is imagined to be the source of much tension should the lawsuit be unsuccessful.  I will keep you apprised of your responsibilities under Proposition 39 once we know the outcome of the lawsuit.  We have some time since this application will not be imposed until next summer.

Please be assured that I will continue to keep you apprised of any outcomes of this lawsuit and other issues as they arise.  In the meantime, do not hesitate to contact me should you have any questions regarding this issue.  I can be reached at lpreston@acsa.org.