Prop. 39 Over-Allocation Resolution Amended; Implementation Beginning in 2013-14

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November 16, 2012 The LAUSD resolution that threatened to impose financial penalties on nine schools with Prop 39 facilities that were under-enrolled in 2011-12 was amended and delayed for implementation until the 2013-14 school year.

The resolution, originally introduced by Board Member Bennett Kayser in the October LAUSD Board meeting, sought to immediately collect "reimbursement amounts" for over-allocated space in the 2011-12 school year. These penalties had never been levied by the District before and would have directly affected students and their education programs this school year. Friendly amendments introduced by Board Members Richard Vladovic and Tamar Galatzan deferred any implementation of penalties associated with Prop 39 over-allocation until the 2013-14 school year and added language to give General Counsel the discretion to pursue enforcement of fines on a case-by-case basis.

In addition, parents and leadership from Crown Prep Academy expressed to the Board the implications of such penalties taking money directly out of the classroom this year. Board members convinced Bennett Kayser that charter schools should be given fair warning and that penalizing the families in the nine affected schools was not in anyone's interest--the amended resolution was unanimously approved!

CCSA would like to remind schools currently occupying district facilities under Prop 39 to notify LAUSD if they have attendance for 2012-13 below the projections on which final Prop 39 facilities offers were based--please do not hesitate to reach out to and your own legal counsel for further guidance.