Key Concerns with New LAUSD Prop. 39 Request Form

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October 14, 2011 CCSA's legal team has reviewed LAUSD's new facilities request form and we want to alert you to some key concerns, as well as provide a template cover letter. LAUSD's new format limits schools to present only the names and addresses (and other specified identifying information) for students that are "meaningfully interested" in attending your school in the 2012-13 school year. The LAUSD form's language indicates that it will not consider any ADA projections and supporting information.

However, the Prop. 39 regulations expressly do not require the "precise arithmetical accuracy" that LAUSD's spreadsheet format suggests. Under Prop. 39 law, charter schools need only provide a "reasonable projection" of ADA for the next school year coupled with a description of the methodology for those projections.

Under these circumstances, we recommend that each charter school fill out LAUSD's form to the best of its ability. However, do not let the LAUSD format prevent you from presenting the "reasonable projection" of your ADA for next school year allowed by Prop. 39 as well as all of the information supporting that reasonable projection. We realize that many charter schools continue to recruit students past Nov. 1 and charter schools should be able to capture those estimated additional students based on those efforts in their projections. Therefore, charter schools should still attach all of the information that supports their ADA projection, including additional recruitment events after November 1.

To assist charter schools that share these concerns, we are providing a cover letter that schools can adapt to their situation and include with their Prop. 39 request.