The Board of Education believes that all students, including those attending charter schools, should have access to adequate facilities that are safe and support student learning.
\n\nFacilities to be used by a charter school shall be specified in the school's charter pursuant to Education Code 47605 and also may be addressed in a written memorandum of understanding between the district and charter school.
\n\nAs applicable, charter school facilities shall comply with the California Building Standards Code adopted by the local building enforcement agency pursuant to 24 CCR 101 et seq. or the Field Act pursuant to Education Code 17280-17317 and 17365-17374. (Education Code 47610, 47610.5)
\n\nUpon request, the Board shall make facilities available to an eligible charter school operating in the district, as defined in law and administrative regulation. In accordance with law, such facilities shall be contiguous, furnished, equipped, and sufficient to accommodate all the charter school's in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other district schools. The Board shall make reasonable efforts to provide the charter school with facilities near where the charter school wishes to locate and shall not move the charter school unnecessarily. If the district's preliminary proposal or final notification of space does not accommodate the charter school at a single school site, the Board shall make a specific finding that the charter school could not be accommodated at a single site and shall adopt a written statement of reasons explaining the finding. (Education Code 47614; 5 CCR 11969.1-11969.10)
\n\nThe district shall not be required to use unrestricted general fund revenues to rent, buy, or lease facilities for charter schools. (Education Code 47614)
\n\nThe Superintendent or designee may assist eligible charter schools in applying for state facilities funding for new construction or rehabilitation of facilities pursuant to Education Code 17078.52-17078.66 and/or for rent and lease expenditures pursuant to Education Code 47614.5.
\n\n\n", "contentText": "The Board of Education believes that all students, including those attending charter schools, should have access to adequate facilities that are safe and support student learning.\n\nFacilities to be used by a charter school shall be specified in the school's charter pursuant to Education Code 47605 and also may be addressed in a written memorandum of understanding between the district and charter school.\n\nAs applicable, charter school facilities shall comply with the California Building Standards Code adopted by the local building enforcement agency pursuant to 24 CCR 101 et seq. or the Field Act pursuant to Education Code 17280-17317 and 17365-17374. (Education Code 47610, 47610.5)\n\nUpon request, the Board shall make facilities available to an eligible charter school operating in the district, as defined in law and administrative regulation. In accordance with law, such facilities shall be contiguous, furnished, equipped, and sufficient to accommodate all the charter school's in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other district schools. The Board shall make reasonable efforts to provide the charter school with facilities near where the charter school wishes to locate and shall not move the charter school unnecessarily. If the district's preliminary proposal or final notification of space does not accommodate the charter school at a single school site, the Board shall make a specific finding that the charter school could not be accommodated at a single site and shall adopt a written statement of reasons explaining the finding. (Education Code 47614; 5 CCR 11969.1-11969.10)\n\nThe district shall not be required to use unrestricted general fund revenues to rent, buy, or lease facilities for charter schools. (Education Code 47614)\n\nThe Superintendent or designee may assist eligible charter schools in applying for state facilities funding for new construction or rehabilitation of facilities pursuant to Education Code 17078.52-17078.66 and/or for rent and lease expenditures pursuant to Education Code 47614.5.", "footnotes": [ { "type": "State", "references": [ { "code": "2 CCR 1859.160-1859.172", "description": "Leroy F. Greene School Facilities Program, specifically; Charter school facilities program", "url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I487A25205A0A11EC8227000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I4884FA935A0A11EC8227000D3A7C4BC3" }, { "code": "2 CCR 1859.2", "description": "Definitions", "url": "https://govt.westlaw.com/calregs/Document/I16E051D0C5E011EEB06080AD700C5840?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "code": "2 CCR 1859.31", "description": "Classroom inventory", "url": "https://govt.westlaw.com/calregs/Document/I40D0A0B35A0A11EC8227000D3A7C4BC3?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)" }, { "code": "5 CCR 11969.1-11969.10", "description": "Charter school facilities", "url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I3CA584004C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I3CA7F5034C6911EC93A8000D3A7C4BC3" }, { "code": "Ed. Code 17070.10-17080", "description": "Leroy F. Greene School Facilities Act of 1998", "url": "http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=1.&chapter=12.5.&part=10.&lawCode=EDC&title=1.&article=1." }, { "code": "Ed. Code 17078.52-17078.66", "description": "Charter schools facility funding; state bond proceeds", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=17078.52.&lawCode=EDC" }, { "code": "Ed. Code 17280-17317", "description": "Field Act; approval of plans and supervision of construction", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=10.5.&chapter=3.&article=3." }, { "code": "Ed. Code 47600-47616.5", "description": "Charter Schools Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=EDC&division=4.&title=2.&part=26.8.&chapter=&article=" }, { "code": "Ed. Code 48204", "description": "Residency requirements for school attendance", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48204." }, { "code": "Gov. Code 53094", "description": "Authority to render zoning ordinances inapplicable", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=53094." }, { "code": "Gov. Code 53097.3", "description": "Charter school ordinances", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=53097.3." } ] }, { "type": "Management Resources", "references": [ { "code": "Attorney General Opinion", "description": "80 Ops.Cal.Atty.Gen. 52 (1997)", "url": "https://oag.ca.gov/opinions" }, { "code": "Court Decision", "description": "Ridgecrest Charter School v. Sierra Sands Unified School District (2005) 130 Cal.App.4th 986", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Bullis Charter School v. Los Altos School District (2011) 200 Cal.App.4th 1022", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Sequoia Union High School District v. Aurora Charter High School (2003) 112 Cal.App.4th 185", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "CSBA Publication", "description": "Charter Schools: A Guide for Governance Teams, rev. 2021", "url": "https://publications.csba.org/california-school-news/july-2021/csba-charter-school-guidebook-update-available-in-amazon-kindle-store/" }, { "code": "CSBA Publication", "description": "The Role of the Charter School Authorizer, Online Course", "url": "" }, { "code": "CSBA Publication", "description": "Charter School Facilities and Proposition 39: Legal Implications for School Districts, 2005", "url": "https://csba.org/EducationIssues/EducationIssues/~/media/7E3B272F2B5F4DA1B2D331F778ADBA89.ashx" }, { "code": "Office of Public School Construction Publication", "description": "School Facility Program Handbook, May 2008", "url": "" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "California Charter Schools Association", "url": "http://www.ccsa.org" }, { "code": "Website", "description": "California Department of Education, Charter Schools", "url": "https://www.cde.ca.gov/sp/ch/" }, { "code": "Website", "description": "Coalition for Adequate School Housing", "url": "http://www.cashnet.org" }, { "code": "Website", "description": "Department of General Services, Office of Public School Construction", "url": "https://www.dgs.ca.gov/opsc" }, { "code": "Website", "description": "CSBA", "url": "http://www.csba.org" } ] } ], "crossRefs": [ { "code": "0420.4", "title": "Charter School Authorization", "type": "AR" }, { "code": "0420.4", "title": "Charter School Authorization", "type": "AR" }, { "code": "0420.41", "title": "Charter School Oversight", "type": "AR" }, { "code": "0420.41-E PDF(1)", "title": "Charter School Oversight", "type": "AR" }, { "code": "1330", "title": "Use Of School Facilities", "type": "AR" }, { "code": "1330", "title": "Use Of School Facilities", "type": "AR" }, { "code": "3100", "title": "Budget", "type": "AR" }, { "code": "3100", "title": "Budget", "type": "AR" }, { "code": "3280", "title": "Sale Or Lease Of District-Owned Real Property", "type": "AR" }, { "code": "3280", "title": "Sale Or Lease Of District-Owned Real Property", "type": "AR" }, { "code": "3530", "title": "Risk Management/Insurance", "type": "AR" }, { "code": "3530", "title": "Risk Management/Insurance", "type": "AR" }, { "code": "5111.1", "title": "District Residency", "type": "AR" }, { "code": "5111.1", "title": "District Residency", "type": "AR" }, { "code": "5117", "title": "Interdistrict Attendance", "type": "AR" }, { "code": "7110", "title": "Facilities Master Plan", "type": "AR" }, { "code": "9323.2", "title": "Actions By The Board", "type": "AR" } ], "attachments": [] }