Prepare Your School's Request for Facilities Under Prop. 39!

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September 11, 2015 Application deadlines for Proposition 39 ("Prop. 39") facilities for the 2016-17 school year are right around the corner, so it is critical that charter schools begin the process now. Prop. 39 is an initiative passed by the Legislature and California voters in 2000 that requires school districts across the state to provide charter schools with "reasonably equivalent facilities."

To qualify for Prop. 39 facilities, a charter school must currently provide education to at least 80 in-district students, or the school or proposed school must identify at least 80 in-district students who are meaningfully interested in enrolling in the charter school for the upcoming school year (the year for which facilities are being requested). Every charter school contemplating the need for facilities should apply for Prop. 39 space.

The deadline to request Prop. 39 facilities for the 2016-17 school year is November 1, 2015, but because November 1 falls on a Sunday, to be safe schools should submit their requests by Friday October 30. Both existing and new or proposed charter schools must submit their request for facilities by this date in order to be eligible for facilities under Prop. 39. New or proposed charter schools must also submit their charter petition for approval by November 1 in order to be eligible for Prop. 39 facilities during the 2016-17 school year.

Please note that in recent years, districts have challenged Average Daily Attendance (ADA) projections based on a lack of supporting documentation. All charter schools should consider collecting and submitting Intent to Enroll forms to support entire projected ADA, even if you are not projecting a substantial increase in in-district ADA. We recommend that you begin collecting Intent to Enroll forms for 2016-17 school year now. A sample Intent to Enroll form is available here.

CCSA offers a wide range of resources to assist member schools with understanding and requesting facilities under Prop. 39. We encourage you to take advantage of the following resources:

In addition, CCSA has partnered with experienced law firms to provide free legal help to CCSA members with Prop 39 requests. Assistance includes review of your Prop 39 request and subsequent correspondence with your district. To receive free legal help, submit your draft Prop 39 request to Prop39@ccsa.org by October 16, 2015.