Prop. 39 in San Diego County

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September 22, 2011 Prop. 39 season is upon us. Applications to districts are due November 1. As space is getting more and more difficult to find, we are encouraging charters to apply. New charters should apply as a plan B, as many new charters have been unable to open as planned because of facility issues, tenant improvement costs and timeline and/or lack of CUPs etc. For schools looking to expand, Prop. 39 might also be the answer, even if it is a short term answer.

In San Diego County there are only two districts actively engaged in the Prop. 39 process; San Diego Unified and Chula Vista. Since the lawsuit against SDUSD back in 2004, the district has been working with the charter schools and each year the process gets just a bit better. Currently, 14 schools are in multiyear facilities, meaning that their lease is good for the life of their charter, and is often automatically renewed when the charter is. Another four schools are in district space and have to apply each year because they are sharing space with a traditional public school. One charter was given a great shared space facility, that separates them from the other school with a fence and they have their own bathrooms. This works much better than 4 classrooms in one building and 4 in another. Chula Vista received their first Prop. 39 request last year and did not respond with a reasonable offer. Prop. 39 is new to Chula Vista as the district now has two independent schools, they will have to figure out how to make Prop. 39 work. In Orange County, Santa Ana district houses a couple schools under Prop. 39 and has been willing to negotiate with their charter schools to find facilities that work.

If you want to find out more about Prop. 39 we have a host of resources for you including:

  • An online three part webinar presented by MY&M
  • Two live online Q&A sessions with MY&M
  • A template for the application
  • Pro-bono legal review services between Oct. 1-19

Don't forget to register for the regional meetings coming up over the next couple weeks. Our legislative team will be visiting all meetings to share the latest from Sacramento and get your thoughts on future legislation. In addition to our legislative team Jed Wallace will be joining the SD meeting and Alice Miller will be joining North County and OC. Please go to our website to register and get the details.

Lisa Berlanga
Regional Director