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- October 06, 2021
- Legal Alerts
- 5 Minute Read
Finding adequate facilities is one of the most challenging aspects of operating a charter school in California. Proposition 39 has been a successful tool for charter schools to secure public school facilities and/or begin a dialogue with the school district in which they negotiate in lieu of arrangements (including financial assistance).
This Legal Alert provides an overview of the upcoming deadlines and requirements that charter schools must carefully comply with to qualify for public school facilities under Prop. 39. It also links charter schools to the revised template Proposition 39 request form and instructions for the 2022-2023 school year application process.
Proposition 39 Deadlines for 2021-2022 School Year
Important deadlines in the Prop. 39 regulations:
Both new and ongoing charter schools must submit a complete Prop. 39 facilities request to the district on or before November 1, 2021. In addition, school districts may have their own Prop. 39 board policies, administrative regulations, and request forms that charter schools must comply with; you should request these documents from your district in writing. Lastly, a charter school should review its charter, memorandum of understanding, and any facilities use agreement for any other possible restrictions, requirements, or timelines.
New or proposed charter schools (i.e., not operating during the 2020-2021 school year) must submit their charter petitions and Prop. 39 request forms by November 1, 2021, and receive approval of their charter before March 15, 2022, to qualify for facilities during the 2022-2023 school year.
Review the Instructions Carefully: Noncompliance can be fatal to your application!
Begin Preparing Now!
Collecting Intent to Enroll forms, calculating your projected Average Daily Attendance, and other documents necessary to submit a complete request is time-consuming and complicated. We strongly encourage you to begin the process now, especially the Intent to Enroll forms collection. In addition, several districts are now asking for information regarding how Intent to Enroll forms were collected, so we encourage you to keep track of this information in case it is necessary.
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YMC-CCSA Webinar
YMC and CCSA will be again offering their yearly Prop. 39 webinar on October 18 at 10 AM. Please look for emails from YMC and CCSA providing details and registration soon.
Should you have any questions about this Legal Alert or Prop. 39 please contact:
Young, Minney & Corr, LLP’s Legal Alerts provide general information about events of current legal importance; they do not constitute legal advice. As the information contained here is necessarily general, its application to a particular set of facts and circumstances may vary. We do not recommend that you act on this information without consulting legal counsel.
