Start Planning for Proposition 39!

The Proposition 39 Deadline to Request Facilities for the 2027-2028 School Year is Fast Approaching!

Finding facilities is one of the most challenging aspects of operating a charter school in California. Proposition 39 provides charter schools with the opportunity to secure access to affordable public school facilities.

This Legal Alert provides an overview of the upcoming deadlines, as well as the requirements that charter schools must comply with to qualify for public school facilities under Prop. 39. It also provides access to YMC’s updated 2027-28 template Proposition 39 request form and instructions.

Young, Minney & Corr is available to assist you with all aspects of your Proposition 39 application. 

Proposition 39 Deadlines for the 2027-28 School Year

To qualify for an allocation of Proposition 39 facilities for the 2027-28 school year, a charter school must make an annual request conforming to the statutory and regulatory provisions of Proposition 39. YMC, in partnership with CCSA, has prepared an updated template request form and detailed instructions to assist charter schools in preparing their request. To download a copy of the Template Request Form, please click on the following link: Sample Proposition 39 Form and Instructions. Please note that the Template Request Form has been updated for use during the 2027-28 Proposition 39 process. Please ensure that you are using the current and updated Template Request Form when completing your request.

Important Deadlines in the Proposition 39 Regulations:

Both new and ongoing charter schools must submit a complete Proposition 39 facilities request to their school district on or before November 1, 2026. In addition, school districts may have their own Proposition 39 board policies, administrative regulations, and request forms that charter schools must comply with; please request these documents from your school 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., that will open in the 2027-28 school year) must submit their charter petitions and Proposition 39  request forms by November 1, 2026, and receive approval of their charter before March 15, 2027, to qualify for Proposition 39 facilities during the 2027-28 school year.

Review the Instructions Carefully: Noncompliance Can Be Fatal to Your Application!

Please carefully review the Instructions in the Template Request Form; skipping or eliminating any part of the form or process could jeopardize a charter school’s right to a facility. The current form has been updated to add important information; do not reuse a prior year’s request form! YM&C has also prepared a compilation of the Proposition 39 statutes and regulations that can be downloaded for reference and to assist in negotiating a charter school’s Proposition 39 facility allocation. To download a copy of the Proposition 39 statutes and regulations, please click on the following link: Proposition 39 and Implementing Regulations.

Begin Preparing Now!

Collecting Meaningful Interest forms and other documents necessary for submitting a complete request, as well as calculating your projected Average Daily Attendance, can be a time-consuming and complicated process. We strongly encourage you to begin the process now, especially the collection of Meaningful Interest forms. In addition, several school districts are now asking for information regarding how Meaningful Interest forms were collected, so we encourage you to keep track of this information in case it is necessary.

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Join us on October 2 at 12:00 PM for the complimentary webinar, Making Prop 39 Work for You.

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If you have any questions about this Legal Alert or the Prop. 39 process, please contact Sarah or Paul.